PLANT, &c. OPERATORS ON
CONSTRUCTION (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)
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Before The Honourable Justice Walton, Vice-President
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30 March 2004
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VARIATION
1. Delete clause
8 Casual Labour, in clause 1 Arrangement, of the award published 16 November
2001 (329 I.G. 625), and insert in lieu thereof the following:
8. Casual
Employees
2. Delete the
definition of "Casual Employee" where it appears in clause 4
Definitions, and insert in lieu thereof the following:
"Casual Employee" - an employee engaged in
accordance with clause 8, Casual Employees.
3. Delete clause
8 - Casual Labour, and insert in lieu thereof the following:
8. Casual Employees
8.1 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.
8.2 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.
8.3 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 9 of this
Award.
8.4 The provisions
of 8.3 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.
8.5 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 31.
8.6 A casual
employee for working ordinary time shall be paid 125 per cent of 1/38th of the
relevant weekly rate prescribed by Clause 5 - Wage Rates, for the employee’s
classification.
8.7 A casual
employee required to work overtime or weekend work shall be entitled to the
relevant penalty rates prescribed by Clauses 15, and 17, provided that:
(a) where the
relevant penalty rate is time and a half, the employee shall be paid 175
percent of 1/38th of the relevant weekly rate prescribed by Clause 5 - Wage
Rates, for the employee’s classification; and
(b) where the
relevant penalty rate is double time, the employee shall be paid 225% of 1/38th
of the relevant weekly rate prescribed by Clause 5 - Wage Rates, for the
employee’s classification.
8.8 A casual
employee required to work on a public holiday prescribed by Clause 16 shall be
paid 275 per cent of 1/38th of the relevant weekly rate prescribed by Clause 5
- Wage Rates, for the employee’s classification.
8.9 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.
4. Delete the words
"Casual Labour" from subclause (i) of clause 9, Contract of
Employment, and insert in lieu thereof the following:
"Casual Employees"
5. 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.