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New South Wales Industrial Relations Commission
(Industrial Gazette)





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BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD
  
Date06/11/2004
Volume344
Part9
Page No.
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C2701
CategoryAward
Award Code 001  
Date Posted06/10/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(001)

SERIAL C2701

 

BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Employers First, an organisation of employers, and a State Peak Council for employers.

 

(No. IRC 4644 of 2003)

 

Before The Honourable Justice Walton, Vice-President

30 March 2004

 

VARIATION

 

1.          Delete subclause 13.2 Casual Hands of clause 13 Employment Categories, of the award published 31 August 2001 (327 I.G. 279), and insert in lieu thereof the following:

 

13.2      Casual Employees

 

13.2.1   A casual employee is one engaged and paid in accordance with the provisions of this clause.  A casual employee shall be entitled to all of the applicable rates and conditions of employment prescribed by this Award except annual leave, personal leave, parental leave, jury service, public holidays and redundancy.

 

13.2.2   An employer when engaging a person for casual employment must inform the employee in writing that the employee is to be employed as a causal, stating by whom the employee is employed, the job to be performed, the classification level, the actual or likely number of hours to be worked, and the relevant rate of pay.

 

13.2.3   A casual employee may be employed by a particular employer on a regular and systematic basis for any period not exceeding six weeks.  If the employment is to continue on a regular and systematic basis beyond six weeks the employee must then be employed pursuant to Clause 13.1 of this Award.

 

13.2.4   The provisions of 13.2.3 shall not apply to a casual employee who has been engaged by a particular employee to perform work on an occasional basis and whose work pattern is not regular and systematic.

 

13.2.5   On each occasion a casual employee is required to attend work the employee shall be entitled to payment for a minimum of four hours’ work, plus the relevant fares and travel allowance prescribed by Clause 38.

 

13.2.6   A casual employee for working ordinary time shall be paid 125 per cent of the hourly rate prescribed by Clause 18.1.2 for the employee’s classification.

 

13.2.7   A casual employee required to work overtime or weekend work shall be entitled to the relevant penalty rates prescribed by Clauses 29 and 31, provided that:

 

(a)        where the relevant penalty rate is time and a half, the employee shall be paid 175 percent of the hourly rate prescribed by Clause 18.1.2 for the employee’s classification; and

 

(b)       where the relevant penalty rate is double time, the employee shall be paid 225% of the hourly rate prescribed by Clause 18.1.2 for the employee’s classification.

 

13.2.8   A casual employee required to work on a public holiday prescribed by Clause 37 shall be paid 275 per cent of the hourly rate prescribed by Clause 18.1.2 for the employee’s classification.

 

13.2.9   Termination of all casual engagements shall require one hour’s notice on either side or the payment or forfeiture of one hour’s pay, as the case may be.

2.          This variation shall come into force on 30 March 2004 and remain in force for a period of 12 months.

 

 

 

M. J. WALTON  J, Vice-President.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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