BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(001)

SERIAL C2734

BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Construction, Forestry, Mining and Energy Union (New South Wales Branch), industrial organisation of employees.

(No. IRC 4558 of 2003)

Before The Honourable Justice Walton, Vice-President

30 March 2004

VARIATION

1. Delete clause 19, State Wage Case Adjustments, of clause 2, Arrangement, of the award published 31 August 2001 (327 I.G. 279), and insert in lieu thereof the following new clause:

19. Award Restructuring in the Building and Construction Industry

2. Insert in clause 2, Arrangement, the following new clause number and subject matter:

26. Superannuation

3. Renumber in clause 2 Arrangement, clause 26, Accident Pay, to read as clause 26A.

26A. Accident Pay

4. Delete clause 4, Classification Definitions, and insert in lieu thereof the following:

4. Classification Definitions

For the purpose of this award:

4.1 The Act means the Industrial Relations Act 1996, as it may be amended from time to time.

4.2 Bricklayer means an employee employed on bricklaying or tuck pointing work. Without limiting the generality of the foregoing the work of bricklayers may include: bricklaying, cleaning down brickwork, brick cutting, tiling, setting pointed brickwork, firework, setting coke slabs, coke bricks, cutting openings in brickwork, stone setting and the laying of all types of blocks including concrete, masonry, terracotta, glass, plaster, plastic and synthetic or reconstituted material blocks or bricks, paving bricks and bricks, blocks or tiles laid in sand.

4.3 Bridge and wharf carpentry means the carrying out or responsibility for, with or without supervision, the marking out and the measurement of all timber including the jointing, connecting and final dressing to size of hewn, sawn, round or dressed timber, for the checking and seating of girders and corbels and other work involving final measurement, cutting accurately to size and fitting of timber, with or without plans, in or in connection with the erection, maintenance, alteration, renovation or demolition of:

4.3.1 bridges, culverts, wharves, piers, jetties, dolphins and similar types of work of heavy engineering construction;

4.3.2 timber and timber composite coal or metal storage bins and hoppers;

4.3.3 timber work on gantries, towers, flying fox towers, swimming baths, tank stands, dam and reservoirs on which an axe or adze is used in the preparation or fitting;

4.3.4 coffer-dams apart from shipping;

4.3.5 cattle stops and rabbit stops, ramps, buffer stops, water races, pits and heavy timber work in railway platforms, trucking yards and stockyards;

4.3.6 generally all heavy construction work which necessitates the use of an axe or adze in the preparation and fitting of such carpentry work;

4.3.7 all false work and concrete formwork in connection with any of the above-mentioned structures except concrete formwork of special design or finish which requires the special skill of a carpenter and joiner. In each case the employer shall determine which portion of the formwork requires the special skill of a carpenter and joiner;

4.3.8 bridge and wharf carpentry shall not include any work in connection with the construction or erection of buildings.

4.4 Carpenter and joiner means an employee employed as a carpenter and/or joiner upon shop fitting work or construction work as defined in this clause. Without limiting the generality of the foregoing the work of carpenters may include:

4.4.1 work in connection with prefabricated units;

4.4.2 the marking out, lining, plumbing and levelling of steel formwork and supports thereto;

4.4.3 the stripping of steel formwork shutters or boxing;

4.4.4 the erection of curtain walling and the fixing of external wall cladding;

4.4.5 the erection of suspended ceilings except where wet plaster is used;

4.4.6 the erection of metal windows or doors;

4.4.7 the manufacture, installation, alteration and/or repair of shopfronts, showcases, exhibitors stands and interior fittings and fixtures in or on buildings,

Provided that:

(a) the drawing or shaping of metal is not required in respect of 4.4.4, 4.4.5, 4.4.6 and 4.4.7 hereof; and

(b) nothing in this definition shall be construed as giving a carpenter an exclusive right to work specified in 4.4.3, 4.4.4, 4.4.5 and 4.4.6 hereof.

4.5 Carpenter-diver means an employee engaged to do work (not being work specifically provided for in the General Construction and Maintenance, Civil and Mechanical Engineering (State) Award, as varied, from time to time, under water, requiring the use of a recognised diving dress, which work, if done on the surface, would be the work of a bridge and wharf carpenter as provided in and by this award and such other work, if not done on the surface, as is ordinarily done by carpenter-divers under water and is generally recognised to be their work in, for example, and for example only, the construction, repair, demolition or inspection of wharves, and/or bridges, piers, jetties, dolphins, slipways, dams, reservoirs, coffer dams, bulkheads cylinders and caissons, (provided that in the case of slipways, coffer dams, bulkheads and caissons they are not in a recognised shipyard or dock,) the inspection of or salvage work on ships, boats, barges, punts or pontoons and the removal of any obstructions or fouling on such vessels. But without prejudice to the present rights respecting salvage work and the removal of obstructions or fouling on the described vessels of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.

4.6 Commission means the Industrial Relations Commission of NSW.

4.7 Concrete finisher means an employee other than a concrete floater engaged in the finishing of concrete or cement work by hand not being a finish in marble mosaic or terrazzo.

4.8 Concrete floater means an employee engaged in concrete or cement work and using a wooden or rubber screeder or mechanical trowel or wooden float or engaged in bagging off or broom finishing or patching.

4.9 Construction work

4.9.1 Means all work performed under this award in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the making, assembling or fixing of woodwork and fittings in connection therewith, the making, preparing, assembling, and fixing of any material necessitating the use of tradesperson’s tools or machines including all work performed by stonemasonry classifications and the prefabricating of a building in an open yard.

4.9.2 For the purpose of this definition maintenance is confined to employees employed by building and construction industry employers respondent to this award.

4.10 Foreperson means a Bridge and Wharf Carpenter who is given by the employer, or employer’s agent, the responsibility for supervising the programming of work.

4.11 Foundation shafts worker means a builder’s labourer employed on the sinking of shafts which will exceed six metres in depth for foundations of buildings or upon consequential steel fixing, timbering and concreting therein.

4.12 Hard Floor Coverer shall mean without limiting the generality of the foregoing, persons employed in the preparation and laying to walls and floors of vinyl tiles and sheeting, cork tiles and sheeting, parquetry, and in the process of floor-sanding (but not including French polishing) and all related work and substitute or similar coverings but excluding carpet and linoleum.

4.13 Leading hand means an employee who is given by the employer, or their agent, the responsibility of directing and/or supervising the work of other persons, or in the case of only one person the specific responsibility of directing and/or supervising the work of that person.

4.14 Assistant Powder Monkey" means a person assisting under the direct supervision of a powder monkey in placing and firing explosive charges excluding the operation of explosive power tools.

4.14.1 Assistant Rigger -

(a) means a person assisting under the direct supervision of a rigger in erecting or placing in position the members of any type of structure (other than scaffolding and aluminium alloy structures) and for the manner of ensuring the stability of such members, for dismantling such structure or for setting up cranes or hoists other than those attached to scaffolding and who has attained the national uniform occupational health and safety certificate of competency.

Shall include an employee either performing rigging work that is an integral part of, or is incidental to a tradesperson's work or work that is an integral part of or is incidental to, cranage operations.

(b) An employee classified or employed as an assistant rigger shall be assisted by their employer in the completion of their WorkCover Authority Training Logbook or equivalent paperwork, needed towards the attainment of the national uniform occupational health and safety certificate of competency by signing authentic daily entries.

(c) Not more than one assistant rigger shall be employed in any rigging gang (including leading hand and dogger ) when the number of employees in the gang does not exceed five.

4.15 Marker or setter out means an employee mainly employed marking and/or setting out work for other employees.

4.16 Operator of explosive-powered tools means an employee qualified in accordance with the laws and regulations to operate explosive-powered tools.

4.17 Painter means an employee engaged in any manner whatsoever in:

4.17.1 The painting and/or decorating of or in connection with all buildings and structures, plant, machinery and equipment, fences and posts (commercial, residential, industrial or otherwise).

4.17.2 The painting of or in connection with prefabricated buildings and structures, plant machinery and equipment (commercial, residential, industrial or otherwise) and any prefabricated or other parts of prefabricated buildings and structures as aforementioned.

4.17.3 Without limiting the generality of the foregoing the work of painters includes:

(a) the painting of pipe lines, conduits, valves, condensers, cocks, control and/or regulating stations or substations, and/or pumping, suction siphon, or booster stations or sub-stations and/or storage holders, pressure regulating holders and/or trestles, bridges, viaducts pylons, and any other supports, and all machinery and appurtenances relating to the foregoing on water land or sea, used or to be used for the purpose of storing and/or regulating and/or conveying liquids or gases including natural oils and gases;

(b) paperhanging, applying and/or fixing wall hangings or coverings, decorating, kalsomining, distempering, plastic relief and texture work, graining, marbling, gilding, enamelling, varnishing and lacquering and the replacement of glass;

(c) the mixing of and/or application of and/or fixing of paint or like matter or substitute or mixtures or compositions or compounds texture or plastic coating and finishes or other decorative or protective coating and/or finishes, or putty, stopping or caulking mixtures, compositions or compounds, oils, varnishes, water-colours, lacquers, stains, wallpapers, wall hangings, or coverings, coatings, and/or other materials used in the painting and decorating trade with a brush, spray, roller or other tool or remove paint or like matter or substitutes or mixtures or compositions or compounds for texture or plastic coatings and finishes or other decorative coating and/or finishes or putty, stopping or caulking mixtures, compositions or compounds, oils, varnishes, water-colours, lacquers, stains, wallpapers, wall hangings, or coverings, or other materials used in the painting and decorating trade by heat, flame, water solvents, electrical mechanical, air-powered or hand tools or by grit, shot or other abrasives or by any other means and the preparation of the work and materials required in any of the aforementioned branches of the trade.

4.18 Ordinary time means rates as calculated in accordance with 18.1 - Wage rates of this award.

Time and one half means ordinary time plus 50%.

Double time means ordinary time plus 100%.

Double time and one half means ordinary time plus 150%.

4.19 Plasterer means an employee employed on internal and/or external plastering and/or cement, including without limiting the generality of the foregoing, finishing and/or topdressing and/or patching concrete work, rendering with all forms of plaster including applying and finishing acoustic, insulating or fireproofing materials bonded with plaster, plastic, cementations or similar substances, waterproofing work in cement, bitumen or similar substances, waterproofing work in cement, bitumen, plaster or patent material, granolithic floor laying (i.e. floors laid with material or aggregate consisting of marble chips, blue stone toppings, crushed slag or similar material), press cement work, cement floors (including magnesite and/or composition floors), marble mosaic paving, terrazzo and similar work texture or pebble finish work formed in cement, plaster, asbestos, vermiculite, pearlite or other expanded aggregate or patent materials, sewer and/or tunnel plastering including the rendering of manholes, pits, sumps, tanks and filter beds, lathing for plastering work scagliola and similar work, plaster, fibrous plaster, plaster glass casting and fixing, ceiling fixing, plaster board fixing and plaster board cornice manufacture and fixing, whether all of the foregoing is done by manual or mechanical means together with any of the work defined for the following specialist categories:

4.19.1 Assistant means an employee engaged in assisting or labouring and who is otherwise not classified, in 4.19., 4.19.2, 4.19.3, 4.19.4, 4.19.5.

4.19.2 Caster means an employee employed in any or all of the following duties: The cleaning and greasing of benches and moulds, the gauging of plaster, plastic or cement, the bedding of fibre and all reinforcements, ruling and trowelling of casts, used for the purpose of making and/or casting fibrous plaster, plaster glass, plastic or pressed cement work.

4.19.3 Fixer means an employee employed on the work of fixing or finishing of fibrous plaster, plaster glass or similar material, gypsum plasterboard, and other composite boards when flush joined or plaster products and includes the spraying by manual or mechanical means of light-weight aggregates when used for decorative and fire prevention purposes. Fixing of acoustic tiles, in-fill panels and cornices of an earth base including all necessary suspensions and fixings.

4.19.4 Floor layer specialist means an employee employed on the work of the top-dressing on concrete work, whether finished in cement, terrazzo, marble, granolithic, bitumen, magnesite, and similar substances by manual or mechanical means and all such concrete work incidental to the preparation and laying of such floors steps or risers.

4.19.5 Shophand means an employee who performs any or all of the following duties: The interpretation of plans and detailing of any work from them in the preparation of work for the modeller, the making of all plaster or cement piece moulds, wax moulds, fibreglass mounts, or moulds of any description used for the purpose of making and/or casting fibrous plaster, plaster glass, plaster, plastic, fibreglass, or pressed cement work.

4.20 Refractory bricklayer means a bricklayer skilled in the performance of the work required in the laying of refractory brickwork, the use of pliable, castable, ramable, moulding and insulating materials and the use of tools and machines necessary for the carrying out of this work with refractory materials, including the use of hand held nozzle or gunite type of appliance other than by cement gun or shotcreter, in the construction or alteration of repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar structures and instruments used in refractory work, together with refractory work associated with acid stills, acid furnaces, acid towers and all other acid resisting brickwork.

4.21 Refractory bricklayer’s assistant means an employee wholly or substantially assisting a Refractory bricklayer (as defined).

4.22 Roof tiler, slater, shingler, ridger or roof fixer

4.22.1 means an employee of the trade or calling of tiling roofs or fixing roofing sheets of asbestos, fibro, fibrolite or cement mixtures and accessories, sisal Kraft, pabcotile and all accessories made of the same materials and which, without limiting the meaning of the above shall include: terracotta, glazed, semi-glazed roofing tiles, cement tiles, slates, fibro slates, tiles, asbestos, fibrolite, fibro, fibrous mixtures, cement and any mixtures that may replace or be used in conjunction with the foregoing or any materials incidental thereto or in place thereof, and work incidental to the above work including battening for tiles, tying, nailing or carrying tiles, etc, and the laying and/or pointing of ridges and barges.

4.22.2 this definition shall not extend to fixing or applying to, or in connection with roofs, malthoid and all bituminous roofing materials and all accessories.

4.23 Scaffolder

4.23.1 means a person engaged substantially in the erecting or altering or dismantling of any structure or framework used or intended to be used in building operations:

(a) to support workers or material; or

(b) to support framework; or

Where such structure or frame work is composed of standards and/or ledgers and/or padlocks or any combination of these components normally used in scaffolding work.

4.23.2 Nothing in this definition shall extend to:

(a) any scaffolding used or intended to be used to support workers or materials which is not intended to be erected to a height over five metres; or

(b) any work relating to formwork which consists solely of the tying together of occasional pieces of scaffolding tube to acrow or similar type props; or

4.24 Signwriter means an employee who in addition to having a knowledge of painting, staining and varnishing, does any of the following work:

4.24.1 signwriting, designing and/or lettering of price tickets and show cards;

4.24.2 pictorial and scenic paintings, or production of signs and posters by means of stencils screens or like methods or any other work incidental thereto including cut-out displays of all descriptions, pictorial scenic or lettering;

4.24.3 and without limiting the generality of the foregoing shall include:

(a) lettering of every description, size or shape applied by brush on any surface or material which, without limiting its meaning shall include stone, wood, iron, metal, brick, cement, glass (plain or fancy), canvas, paper, calico, sheeting, bunting, silk, satin, wire blinds;

(b) designing for windows, posters, show window and theatre displays, honour rolls, illuminated addresses, neon signs, stencils, display banners.

(d) designing and laying out of cut-out displays of all descriptions, either pictorial, scenic or lettering;

(e) screen process work, i.e. the designing, setting up and the operation for duplication of signs on any material, whether on paper, fabric, metal, wood, glass or any similar material.

4.24.4 Without limiting the general meaning, signwriting work shall include the making of stencils and stencilling by screens or any other method and the making and/or fixing of transfers.

4.25 Special class tradesperson

4.25.1 means a tradesperson carpenter and/or joiner, bricklayer, plasterer or stonemason who is engaged on work or restoration, renovation, preservation or reconstruction of historical or National Trust type buildings, the performance of which requires the use of complex, high quality trade skills and experience which are not generally exercised in normal construction work.

4.25.2 For the purpose of this definition complex and high quality trade skills and experience shall be deemed to be acquired by the tradesperson:

(a) having had not less than twelve months on-the-job experience of such skilled work; and

(b) having, by satisfactory completion of a prescribed post trade course, or other approved course, or the achievement of knowledge and competency by other means, including the on-the-job experience in 4.25.2(a) hereof, as will enable the tradesperson to perform such work unsupervised where necessary and practical, to the required standard of skilful execution.

4.25.3 For the purpose of this definition the following are deemed to be prescribed post trade courses and recognised throughout the locality of this award:

Building Certificate Course - New South Wales.

4.25.4 Provided that nothing in this subclause shall prevent the parties proceeding to have the matter determined in accordance with clause 11 - Disputes resolution procedure of this award.

4.26 Stonemasonry

4.26.1 Carver means an employee on construction work (as defined) who carves any kind of stonework, which does not come within the definition of stonemason in clause 4.26.7 of this award for the decoration of buildings or other stonework from a model or freehand design.

4.26.2 A dimension stone quarry means any place from which stone to a stated size is excavated, but shall not include a place where stone is excavated for the purpose of being used as ballast filling or random rubble, nor does it include the excavation of basements or the excavation of the foundations of buildings.

4.26.3 Floor layer means an employee who lays floors in terrazzo or similar composition in which marble, slate, or similar stones are used in the making thereof, and shall include persons casting or laying down precast work, but shall not include persons assisting or labouring in the operation.

4.26.4 Letter cutter means an employee on construction work (as defined) who marks out, cuts or finishes letters in any kind of stone or artificial or reconstituted stone.

4.26.5 Machinist means an employee on construction work (as defined) who operates a machine for the sawing, gritting, dressing, facing or polishing of all kinds of stone, composition or reconstituted stone, terrazzo or similar compositions.

4.26.6 A quarry worker means an employee engaged in a dimension stone quarry and who in the course of this work performs toe-grooving, block lifting, scabbling or cutting stones to size by the use of hammers, picks, gads, wedges and/or machines.

4.26.7 Stonemason

(a) means an employee on construction work (as defined) engaged in the dressing, setting, fixing, coping, drilling or boxing up of any kind of stone, including terrazzo, composition or other reconstituted stone, by hand or machine, that has to be cut to a mould or template, or which has to be proven by a square or straight edge or set to a line or level, and includes a worker who fixes manufactured stone to the facade of a building or the building of stone veneer in random or ashlar; the restoration and colouration of decayed stone including the preparation and use of materials or liquids of any sort necessary for such work.

(b) The dressing and/or setting of all kinds of masonry shall be regarded as masons’ work, but if no mason be immediately available, a competent tradesperson may set plain sills, steps, templates, windows or door heads.

4.26.8 Stonemason’s assistant means a person employed in the industry assisting or labouring and who otherwise is not classified in 4.26.

4.26.9 Stoneworker means a worker who does all or any of the following classes of work, whether hammer dressed or sawn:

(a) Foundation work;

(b) Building random rubble uncoursed or building squared rubbled in courses or regular coursed rubble and dressing quoins or shoddies in connection with any such work;

But this definition shall not itself be taken to prejudice or affect the right of any other classes of tradesperson to do any class or kind of work they have hitherto been accustomed to do.

4.27 Tile layer means, without limiting the meaning of the word tile layers, persons employed in the laying or fixing of tiles, faience, mosaic, ceramic, opalite, and the like not exceeding in measurement 930 square centimetres when such opalite and the like is fixed with cement composition.

4.27.1 Aggregate means the material forming the bulk or mass of a mixture.

4.27.2 Architrave means the moulding at the top and sides of a door or a window opening.

4.27.3 Dado means the lower part of a wall.

4.27.4 Encaustic tile means an inlaid tile of two or more colours.

4.27.5 Faience means glazed terracotta.

4.27.6 Grout means the liquid for filling joints.

4.27.7 Matrix, means that in which the aggregate is bedded.

4.27.8 Nosing means a round edge tile.

4.27.9 Rendering means a coating of mortar.

4.27.10 Reveal means the return into a window or a door jamb.

4.27.11 Rise means the height of a step; the height of an arch from the springing line to the crown.

4.27.12 Scratch coat means a coating of mortar well scratched to give a good key.

4.27.13 Ceramic means an article made of baked clay. In the tile trade the word is used to designate a tile made of compressed clay and silica which is rather glassy or vitreous in nature and will not absorb water.

4.27.14 Chipping off means cutting away mortar or concrete, with a sharp edge tool, such as a hammer or chisel.

4.27.15 Mortar means a combination of sand, cement, either fireclay or lime, and water.

4.27.16 Mosaic means small bits of tile, stone, glass etc, which form a surface designed of intricate pattern. Often laid over mortar or metal.

4.27.17 Pointing means filling joints with mortar or repairing holes. (see tuck pointing).

4.27.18 Quarry means tiles which are large and thick similar to slabs of stone cut in a quarry. These are vitreous tiles and require no soaking.

4.27.19 Riser means the upright portion of a stair step which supports the front of the tread. The part which keeps the toe from getting under the tread.

4.27.20 Screed means a strip of wood, often two inches by four inches, set down a guide for attaining a level surface of concrete. In the tile trade it refers to a piece of wood used as a straight edge.

4.27.21 Terrazzo means a type of floor or wall finish obtained by imbedding small sized pebbles or crushed rock in concrete and grinding and polishing the surface to a smooth finish.

4.27.22 Tuck pointing means filling in crevices, as with mortar, mastics, etc.

4.27.23 Unglazed means without a glaze referring to pressed and baked tiles, with a smooth earthy surface.

4.27.24 Vitreous means glassy in texture and containing sand which has been melted. Vitreous tiles will not absorb water.

4.27.25 Sill means the bottom part of a window opening.

4.27.26 Skirting means the lowest part of a wall.

4.27.27 Soffit means the top of a window or door opening.

4.27.28 String course means a course of tiles running parallel to the step nosing in a staircase.

4.27.29 Terracotta means a kind of hard pottery, mostly used for facing buildings.

4.27.30 Tread means the top of a step, exclusive of the nosing.

4.28 Union shall mean the Construction, Forestry, Mining and Energy Union, Construction & General Division (New South Wales Branch).

5. Delete clause 5, General Definitions, and insert in lieu thereof the following:

5.1 Direct Supervision means in relation to 4.14.1 and 4.14.2 that the powder monkey or rigger, as the case may be, must be present on the job to guide the work during its progress.

5.2 Employee means a person employed by an employer (as defined) under this award performing the work within the scope of this award and includes an apprentice.

5.3 Employer means an employer covered by this Award.

5.4 Trainee Apprentice means an employee who, under conditions prescribed by this award, is serving a period of training without an indenture of apprenticeship for the purpose of rendering them fit to be a qualified worker in that calling.

5.5 Indentured Apprentice means an employee who is serving a period of training under an indenture for the purpose of rendering them fit to be a qualified worker in a trade.

5.6 Probationer" means a person employed in a trade with a view to ascertaining their suitability for engagement as an indentured apprentice.

5.7 "Apprentice" includes trainee apprentice.

5.8 "New South Wales" shall be taken as the State of New South Wales excluding the Country of Yancowinna.

5.9 Notes in the text of this award do not form part of this award.

6. Delete clauses 18, Classifications and Wage Rates, and insert in lieu thereof the following:

18. Classifications and Wage Rates

18.1 Wage Rates - Tradespersons and Labourers

(a) Wage Rates - New Classification Structure

Subject to subclause (c) of this clause, the following amounts shall be applied where appropriate for the purposes of the calculation of the hourly rate under 18.3 of this award.

Classification	Weekly Rate	Relativity
	$	%

Construction Worker Level 8 (CW8)	646.60	125
Construction Worker Level 7 (CW7)	623.70	120
Construction Worker Level 6 (CW6)	602.90	115
Construction Worker Level 5 (CW5)	584.00	110
Construction Worker Level 4 (CW4)	563.20	105
Construction Worker Level 3 (CW3)	542.30	100
Construction Worker Level 2 (CW2)	523.60	96
Construction Worker Level 1 (CW1(d))	510.20	92.4
Construction Worker Level 1 (CW1(c))	498.60	90
Construction Worker Level 1 (CW1(b))	490.20	88
Construction Worker Level 1 (CW1(a))	477.70	85

(b) All wages shall be paid on a weekly basis provided that is shall be an implied term in any contract that an employer shall be at liberty to deduct from the weekly wage of an employee an amount proportionate to the time lost by an employee arriving late for work

(i) The following provisions shall apply employees of an employer at the time of the introduction of the New Classification Structure, and to any new employees engaged during the phase-in of the new classification structure.

(ii) An employer shall classify existing employees in accordance with the following table. That is, an employee employed by an employer at the time of the introduction of the new classification structure shall have their new classification and corresponding hourly rate determined in accordance with the table.

(iii) Employees engaged by an employer after the introduction of the new classification structure shall be classified in accordance with the relevant provisions of clause 19. The hourly rates in the table below shall apply during the phase-in of the new classification structure.

(iv) The following hourly rates have been calculated in accordance with 18.3 of this award. These rates include industry allowance, the relevant tool allowance (where applicable) foreperson and sub-foreperson allowance, carpenter-diver allowance, special allowance and the follow-the-job loading. The parties shall review the hourly rates as the weekly rates in subclause (a) of this clause are adjusted.

Old Wage Group	New	Hourly Rate on	2nd instalment at	Hourly Rate
	Wage	making of new	time of SWC	on completion
	Group	structure	increase	of phase-in*
				(11/12/04)
	$	$	$	$
Carpenter Diver	CW8	23.83	23.83	23.83
Foreperson (as defined)	CW8	20.88	20.88	20.88
Sub-Foreperson	CW7	19.69	19.69	19.69
Carver	CW5	17.06	17.21	17.21
Special Class Tradesperson
(Carpenter and/or Joiner,
Stonemason)	CW5	16.82	17.02	17.21
Special Class Tradesperson	CW5	16.71	16.91	17.11
(Plasterer)
Special Class Tradesperson
(Bricklayer)	CW5	16.64	16.84	17.04
Marker or Setter Out (Artificial
Stoneworker, Stonemason,
Bridge and Wharf Carpenter,
Carpenter and/or Joiner,
Marble and Slate worker)	CW4	16.65	16.65	16.65
Marker or Setter Out (Caster,
Fixer, Floor layer Specialist,
Plasterer )	CW4	16.54	16.54	16.54
Marker or Setter Out
(Bricklayer, Tile layer,
Hard Floor Coverer)	CW4	16.47	16.47	16.47
Marker or Setter Out (Roof
Tiler, Slate Ridger or
Roof Fixer)	CW4	16.36	16.36	16.36
Marker or Setter Out (Painter)	CW4	16.19	16.19	16.19
Letter Cutter	CW4	16.65	16.65	16.65
Signwriter	CW4	16.04	16.19	16.19
Artificial Stoneworker,
Carpenter and/or Joiner,
Bridge and Wharf Carpenter,
Marble and Slate Worker,
Stonemason	CW3	16.08	16.08	16.08
Caster, Fixer, Floor layer
Specialist, Plasterer	CW3	15.97	15.97	15.97
Bricklayer, Tile layer	CW3	15.90	15.90	15.90
Roof Tiler, Slate Ridger, Roof
Fixer	CW3	15.79	15.79	15.79
Painter,	CW3	15.63	15.63	15.63
Shophand	CW3	15.48	15.48	15.48
Quarry worker	CW3	15.48	15.48	15.48
Labourer (1) - Rigger, Dogger	CW3	15.48	15.48	15.48
Machinist	CW3	15.14	15.31	15.48
Labourer (2) - Scaffolder (as
defined), Powder Monkey,
Hoist or Winch Driver,
Foundation Shafts worker
(as defined), Steel
Fixer including Tack Welder,
Concrete Finisher (as defined)	CW2	14.97	14.97	14.97
Labourer (3) - Trades labourer,	CW1(d)	14.61	14.61	14.61
Jack Hammer man, Mixer
Driver(concrete), Gantry
Hand or Crane Hand,
Crane Chaser, Cement
Gun Operator, Concrete
Cutting or Drilling Machine
Operator, Concrete Gang
including Concrete Floater (as
defined), Roof Layer (malthoid
or similar material), Dump
Cart Operator, Concrete
Formwork stripper,
Mobile Concrete Pump
Hoseman or Line Hand
Plasterer’s Assistant	CW1(d)	14.61	14.61	14.61
Terrazzo Assistant	CW1(d)	14.61	14.61	14.61
Labourer (4) - Builders
Labourer other than as
specified herein)	CW1(c)	13.99	14.14	14.29

(d) Supplementary payments as set out in this clause represent payments in lieu of equivalent overaward payments.

(e) Overaward payment means the amount in rates of pay which an employee would receive in excess of the minimum award wage (i.e. base rate, arbitrated safety net and supplementary payment) as prescribed in this award for the classification in which such employee is engaged. Provided that this definition shall exclude overtime, shift allowances, penalty rates, expense related allowances, industry allowances, tool allowances, disability allowances, location allowances, special rates or allowances, responsibility allowances and any other ancillary payments of a like nature prescribed by this award.

(f) The rates of pay in this award include the adjustments payable under State Wage Case 2003. These adjustments may be offset against:

(i) any equivalent overaward payments and/or

(ii) award wage increases since 29 May, 1991 other than Safety Net, State Wage Case and minimum rates adjustments

18.1.2 Wage Rates - Apprentices

18.1.2.1 Carpenters, Joiners, Bricklayers, Painters, etc., Plasterers, etc., Roof Tilers, Fibrous Plasterer, Plasterboard Fixer, Stonemasons, Tile layers, Floor laying.

(i) Indentured Apprentice - The minimum rates of wages for four-year apprentices shall be as follows:

	Base Rate	Industry	Special
	Per Week	Allowance	Allowance	Total Per
		Per Week	Per Week	Week
	$	$	$	$
1st year	180.30	20.40	17.10	217.80
2nd year	263.30	20.40	25.30	309.00
3rd year	348.90	20.40	32.50	401.80
4th year	408.70	20.40	38.70	467.80

(ii) Trainee Apprentice

	Base Rate	Industry	Special
	Per Week	Allowance	Allowance	Total Per
		Per Week	Per Week	Week
	$	$	$	$
1st year	202.40	20.40	18.40	241.20
2nd year	295.80	20.40	27.80	344.00
3rd year	383.80	20.40	35.30	439.50
4th year	431.00	20.40	40.10	491.50

18.1.2.2 Civil Engineering Construction Carpenters:

	Base Rate	Industry	Special
	Per Week	Allowance	Allowance	Total Per
		Per Week	Per Week	Week
	$	$	$	$
1st year	219.60	20.40	20.00	260.00
2nd year	313.10	20.40	28.10	361.60
3rd year	388.20	20.40	35.30	443.90
4th year	459.70	20.40	41.40	521.50

18.1.2.3 Pilot Three Year Bricklayers’ Course

(a) These rates apply to apprentices who are engaged through the Master Builders’ Association of New South Wales and the Housing Industry Group Apprenticeship Schemes and who are enrolled or to be enrolled in the pilot three year Technical and Further Education course.

(b) These rates shall also apply whilst the apprentice is attending college in the following fashion:

Year I	First 8 weeks - full time at 35 hours per week
	28 weeks - 1 day per week

Year II	36 weeks - 1 day per week

(c) The above provisions relating to the pilot bricklayers course, the course itself, and the rates herein prescribed shall only apply to employed apprentices.

(d) Leave is reserved in relation to the payment applicable during attendance at college for the advanced modules (30 weeks - 1 day per week, i.e. 6 x 40 hour modules) for those apprentices who have successfully completed the requirements of year II.

(i) Indentured Apprentices:

The minimum rate of wages for three year apprentice bricklayers shall be as follows:

	Base Rate	Industry	Special
	Per Week	Allowance	Allowance	Total Per
		Per Week	Per Week	Week
	$	$	$	$
1st year
1st six months	176.30	20.40	16.80	213.50
2nd six months	256.60	20.40	24.80	301.80
2nd year	340.10	20.40	31.90	392.40
3rd year	398.90	20.40	37.90	457.20

(ii) Trainee Apprentices:

The minimum rate of wages for three year apprentice bricklayers shall be as follows:

	Base Rate	Industry	Special
	Per Week	Allowance	Allowance	Total Per
		Per Week	Per Week	Week
	$	$	$	$
1st year
1st six months	192.20	20.40	18.00	230.60
2nd six months	280.20	20.40	27.30	327.90
2nd year	363.70	20.40	34.60	418.70
3rd year	408.30	20.40	39.30	468.00

18.1.2.4 Pre-apprenticeship credits

(1) Bricklaying, Carpentry and Joinery

(a) Any person under 21 years of age entering the trade of bricklaying who has successfully completed the pre-apprenticeship course of 18 weeks' duration conducted by the Department of Technical and Further Education shall serve a three-year period of apprenticeship and the wage shall commence at the second year rate of pay and shall continue for a period of twelve months, at which time the apprentice shall be progressed to the third year rate.

(b) Any person under 21 years of age entering the trade of bricklaying or carpentry and joinery who have successfully completed the pre-apprenticeship course in either of those trades of 36 weeks' duration conducted by the Department of Technical and Further Education shall serve a 33-months period of apprenticeship and the wage shall commence at the second year rate and continue for a period of nine months, at which time the apprentice shall be progressed to the third year rate.

(c) Any person under 21 years of age entering the trade of carpentry and joinery who has successfully completed the pre-apprenticeship course in that trade of 54 weeks' duration conducted by the Department of Technical and Further Education shall serve a 30-month period of apprenticeship, commencing at the second year rate and progressing to the third year rate after 6 months.

(d) A person who is regarded by the Department of Technical and Further Education as not having completed all of the requirements of a pre-apprenticeship course but as having successfully completed the equivalent of at least one stage of the trade course shall be entitled to have his/her period of apprenticeship shortened by six months, provided that the application is supported by a statement from the Department of Technical and Further Education that the student is regarded as having successfully completed that stage and as a consequence is entitled to proceed to stage two of the trade course.

For the purposes of determining wages payable under the scale of rates fixed for a four-year term, the credit to which an apprentice is entitled, subject to this subclause, shall be counted as part of the apprenticeship term completed.

(2) Painting, decorating and Signwriting

(a) Any person under the age of 21 years entering the trade of Painting and Decorating, Painting, Decorating and Signwriting or Signwriting, who has successfully completed the pre-employment course Stage 1 conducted by the Department of Technical and Further Education, shall serve a three-year apprenticeship and the wage shall commence at the second year rate.

(b) Any person under 21 years of age entering the trade of Painting and Decorating, Painting, Decorating and Signwriters or Signwriting, who has completed the pre-apprenticeship course Stages I and II conducted by the Department of Technical and Further Education shall serve a two and one-half year period of apprenticeship and the wage shall commence at the second year rate for a period of six months, at which time the apprentice shall be progressed to the third year rate.

(3) Tile laying

(a) Any person under 21 years of age entering the trade of tile laying who has successfully completed the pre-apprenticeship course of 18 weeks' duration conducted by the Department of Technical and Further Education shall serve a 3-year period of apprenticeship and the wage shall commence at the second year rate.

(b) Any person under 21 years of age entering the trade of tile laying who has successfully completed the pre-apprenticeship course of 36 weeks' duration conducted by the Department of Technical and Further Education shall serve a two and a half year period of apprenticeship commencing at the 2nd year rate and continuing for a period of six months, at which time the apprentice shall be progressed to the 3rd year rate.

(c) A person who is regarded by the Department of Technical and Further Education as not having completed all of the requirements of a pre-apprenticeship course but as having successfully completed the equivalent of at least one stage of the trade course shall be entitled to have his/her period of apprenticeship shortened by six months, provided that the application is supported by a statement from the Department of Technical and Further Education that the student is regarded as having successfully completed that stage and as a consequence is entitled to proceed to stage two of the trade course.

18.1.3 Adult Apprentices

Definition - An adult apprentice means an employee engaged as an apprentice who at the time of apprenticeship is of or above the age of 21 years.

18.1.3.1 Carpenters, Joiners, Bricklayers, Painters, etc., Plasterers, etc., Roof Tilers, Fibrous Plasterer, Plasterboard Fixer, Stonemasons, Tile layers, Floor laying

(i) Indentured Apprentices:

	Base Rate	Industry	Special
	Per Week	Allowance	Allowance	Total Per
		Per Week	Per Week	Week
	$	$	$	$
1st year	298.80	20.40	17.10	336.30
2nd year	298.80	20.40	25.30	344.50
3rd year	353.20	20.40	32.50	406.10
4th year	411.40	20.40	38.70	470.50

(ii) Trainee Apprentices:

	Base Rate	Industry	Special
	Per Week	Allowance	Allowance	Total Per
		Per Week	Per Week	Week
	$	$	$	$
1st year	298.80	20.40	18.40	337.60
2nd year	301.40	20.40	27.80	349.60
3rd year	387.60	20.40	35.30	443.30
4th year	433.20	20.40	40.10	493.70

18.1.3.2 Civil Engineering Construction Carpenters - for adult apprentices the minimum rates shall be as follows:

	Base Rate	Industry	Special
	Per Week	Allowance	Allowance	Total Per
		Per Week	Per Week	Week
	$	$	$	$
1st year	298.80	20.40	20.00	339.20
2nd year	316.90	20.40	28.10	365.40
3rd year	392.00	20.40	35.30	447.70
4th year	461.10	20.40	41.40	522.90

18.2 Special allowance

(a) Tradespersons and Labourers shall be paid a special allowance of $7.70 to compensate for the following matters:

(i) The non-incidence of overaward payments in the building industry.

(ii) Excess travelling time incurred by employees in the Building Industry.

(iii) The removal of loadings from various Building awards consequent upon the introduction of this award in the industry.

(b) The apprentice rates of pay in clauses 18.1.2 & 18.1.3 include a special allowance. The special allowance is to compensate for the following matters.

(i) The non-incidence of overaward payments in the building industry.

(ii) Excess travelling time incurred by employees in the building industry.

(iii) The removal of loadings from this award consequent upon the introduction of paid rates awards in the industry.

18.3 Hourly rate calculation - Follow the Job Loading

The calculation of the hourly rate for employees other than apprentices shall take into account a factor of eight days in respect of the incidence of loss of wages for periods of unemployment between jobs.

For this purpose the hourly rate, calculated to the nearest cent (less than half a cent to be disregarded) shall be calculated by multiplying the sum of the appropriate amounts prescribed in Clauses 18.1.1(a) - Weekly Rates, Clause 24.1 - Industry Allowance, Clause 24.2 - Underground Allowance (where applicable), Clause 24.3 - Tool Allowance (where applicable) and clause 18.7 - Foreperson and Sub-foreperson Allowance, of this award by fifty-two over fifty point four, rounded to the nearest cent, adding to that subtotal the amount prescribed in 18.2 - Special Allowance herein and dividing the total by thirty-eight, provided that in the case of a carpenter/diver, the divisor shall be thirty-one.

18.4 Leading hands

18.4.1 A person specifically appointed to be a leading hand (as defined) shall be paid at the rate of the undermentioned hourly amounts above the hourly rates of the highest classification supervised, or the employees own rate, whichever is the highest in accordance with the number of persons in the employees charge.

	Weekly base	Per hour
	$	$
In charge of not more than one person	13.00	0.35
In charge of two and not more than five persons	28.70	0.78
In charge of six and not more than ten persons	36.60	0.99
In charge of more than ten persons	48.80	1.32

18.4.2 The hourly rate prescribed herein is calculated to the nearest cent, less than half a cent to be disregarded, by multiplying the weekly base amount by 52 over fifty point four (52/50.4) and dividing by 38 and the said amount shall apply for all purposes of this award (provided that in the case of a carpenter-diver the divisor shall be 31). The conditions to the payment of the base rate set out in 18.1 hereof shall apply, the necessary changes being made, to payments under this subclause.

18.5 Carpenter - Diver allowance

Employees undertaking work normally performed by a carpenter-diver shall be paid 65 cents per hour in addition to the amount prescribed by clause 18.3 which shall be regarded as part of the wage rates for all purposes of the award

18.6 Differential for re-paint work

The hourly rate for painters on re-paint work shall be calculated at five cents per hour less than the hourly rate prescribed in 18.3 hereof for painters on other than re-paint work.

18.7 Foreperson and Sub Foreperson Allowances

A Bridge and Wharf carpenter engaged or employed as a foreperson or sub-foreperson upon civil engineering construction projects in the supervision of maintenance, demolition, or removal of such work.

Classification	Per Week
	$

Foreperson (as defined)	72.40
Sub-Foreperson	52.10

18.8 Refractory work

18.8.1 Application

This subclause shall apply to employers with respect to employees engaged in the construction, alteration or repairs to:

(a) Boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work;

(b) Acid furnaces, acid stills, acid towers and all other acid resisting brickwork.

18.8.2 Refractory bricklaying allowance

A special allowance to compensate for disabilities associated with the work of refractory bricklaying shall be paid as follows:

Classification	Per hour
	$

Refractory Bricklayer	1.42
Refractory Bricklayer’s Assistant	1.22

This allowance shall be paid in lieu of all special rates prescribed in clause 25 of this award except 25.2 Hot Work and 25.3 Cold Work, and shall be regarded as part of the wage for all purposes of the award.

18.8.3 Apprentices

An apprentice refractory bricklayer shall be paid the bricklayer’s apprenticeship wage rate prescribed in 18.1.2 if a junior apprentice or 18.1.3 if an adult apprentice and the Refractory Bricklayer’s allowance prescribed by 18.8.2 hereof.

7. Delete clause 19, State Wage Case Adjustments, and insert in lieu thereof the following new clause:

19. Award Restructuring in the Building and Construction Industry

19.1 Guidelines for implementation

19.1.1 Clause 18.1 of the National Building and Construction Industry Award 2000 contains a new classification structure consistent with the August 1989 National Wage Case decision (Print H9100). That new classification structure implements the decisions of the Australian Industrial Relations Commission in Prints K3850, K7300, L2207, L8499, PR912836 and PR921120 of the Australian Industrial Relations Commission. The new classification structure has been inserted into this Award as a result of the provisions of clause 8 of this Award.

19.1.2 The new classification structure in 18.1 shall be read in conjunction with this clause.

19.1.3 No existing employee’s rate of pay shall be reduced as a result of the introduction of the new classification structure.

19.1.4 Any increase in an employee’s rate of pay arising from minimum rates adjustments may be absorbed into existing over award payments (within the meaning of the Commission’s Principles).

19.1.5 Wherever possible, consultative committees comprising equal numbers of employee and employer representatives shall be established. Matters raised for consideration of the consultative committee shall be related to implementation of the new classification structure, the facilitative provisions contained in this award and matters concerning training.

19.2 Definition of key concepts and terms

19.2.1 Australian qualifications framework or AQF refers to the system of competency based training and certification.

19.2.2 Civil Construction Stream includes all related skills involved in earthmoving and associated activity and does not extend beyond the scope of this award.

19.2.3 Fields of work means a defined grouping of logically related skills based on an efficient organisation of work.

19.2.4 General Construction Stream includes all fields of work principally concerned with the erection of new structures or buildings (including demolition and pre-construction) and fit out and finishing activities relating to newly constructed or existing buildings or structures, and does not extend beyond the scope of this award.

19.2.5 Industry accredited course or nationally accredited course is a course which has been constructed to reflect a group of standards which the CTA has endorsed as being appropriate combinations of skills to be available to the industry.

19.2.6 CTA means Construction Training Australia. CTA shall be the recognised authority (for the purposes of this subclause) responsible for developing competency standards for consideration and endorsement by the National Training Board/Australian National Training Authority.

19.2.7 New entrant means an employee who has never previously worked within the scope of any of the following awards:

National Building and Construction Industry Award 2000;

Building and Construction Industry (ACT) Award 1991, The (Print K0679 (B0171));

Building and Construction Industry (Northern Territory) Award 1996 (Print N6856 (B0035));

National Metal and Engineering (On-site) Construction Industry Award 1989 (Print H8482 (N0100));

Australian Workers’ Union Construction and Maintenance Award 1989 (Print J0179 (A0516));

Plumbing Trades (Southern States) Construction Award 1999 (Print R5910 (P0092));

Plumbing Industry (New South Wales) Award 1999 (Print R5904 (P0111));

Plumbing Industry (Qld and WA) Award 1999 (Print R5911 (P0090));

Sprinkler Pipe Fitters’ Award 1998; The (Print Q5148 (S0091));

Building Crane Drivers (State) Award.

including any federal award which was superseded by the making of these awards, or any state counterpart award covering the same industries and/or callings as the federal awards cited. If there is any doubt as to the status of an employee in this regard, the following documentation may be regarded as prima facie evidence that an employee is not a new entrant:

documentary evidence concerning registration with any of the construction industry portable long service leave schemes;

documentary evidence concerning contributions into an approved industry superannuation fund (e.g. C+BUS);

documentary evidence concerning membership of a union party to any of the above awards in the building and construction industry.

(a) The new entrant classification does not apply to persons who were employed in the building and construction industry prior to the introduction of this subclause. Existing employees are subject to the translation arrangements set out in 19.6 hereof.

(b) As the purpose of introducing the new entrant level is not to displace existing employees, but to facilitate the introduction of a career path, an employer shall not purposely "turn over" employees within the new entrant classification as an alternative to engaging employees on an ongoing basis.

Provided that nothing contained in this clause shall prevent a party from submitting a dispute about the status of an employee in this regard under the disputes procedure contained in this award.

19.2.8 Recognition of Prior Learning or RPL means the formal recognition of skill attained through on the job experience and/or training and may include formal qualifications (such as overseas qualifications), which have hitherto been unrecognised.

19.2.9 Self-directed Work Area Team or WAT means a group of employees who work as a team to plan and execute functions relevant to their employers business. Work Area Teams are generally autonomous of direct managerial supervision and perform their tasks in a way which maximises productivity and the utilisation of skills.

19.2.10 Streams or Skill streams means a broad grouping of skills related to a particular phase or aspect of production and does not extend beyond the scope of this award.

19.2.11 Supervision: This subclause recognises two levels of supervision which are as follows:

(a) General Supervision applies to a person who:

receives general instructions, usually covering only the broader technical aspects of the work; and

may be subject to progress checks but such checks are usually confined to ensuring that, in broad terms, satisfactory progress is being made; and

has their assignments reviewed on completion; and

although technically competent and well experienced there may be occasions on which the person will receive more detailed instructions.

(b) Limited Supervision applies to a person who:

receives only limited instructions normally confined to a clear statement of objectives; and

has their work usually measured in terms of the achievement of stated objectives; and

is fully competent and very experienced in a technical sense and requires little guidance in the performance of work.

19.3 Classifications and related issues

19.3.1 Classifications

(a) Construction Worker Level 1 (CW1)

	Relativity to tradesperson
CW1 (a): (new entrant):
Upon commencement in the industry	85%

CW1 (b):
After three months in the industry	88%

CW1 (c):
After twelve months in the industry	90%
CW1 (d):

Upon fulfilling the substantive requirements of Construction	92.4%
Worker 1, as detailed below

(i) A Construction Worker Level 1 (CW1) works under general supervision in one or more skill streams contained within this award. An employee at CW1(d) will:

have successfully completed, in accordance with RPL principles, a construction skills test equivalent to the required competency standards; or

have successfully completed a relevant structured training program equivalent to the required competency standards.

(ii) Skills and duties

An employee at CW1 level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the two main skill streams contained within this award. An employee at this level:

works from instructions and procedures;

assists in the provision of on-the-job training to a limited degree;

coordinates work in a team environment or works individually under general supervision;

is responsible for assuring the quality of their own work;

has a qualification in first aid.

(iii) Indicative of the tasks which an employee at this level may perform include the following:

uses precision measuring instruments;

basic material handling functions;

operate small plant and pneumatic machinery;

inventory and store control;

operate a range of hand tools and oxy welding equipment;

has a knowledge of the construction process and understands the sequencing of construction functions;

is able to provide first aid assistance to other employees.

(iv) The CW1 classification incorporates the following broad banded award classifications:

Builders’ Labourer Group 4;

Plasterer, Terrazzo or Stonemason’s Assistant;

Trades Labourer;

Jackhammer person;

Gear Hand;

Assistant Rigger;

Assistant Powder Monkey;

Steel Erector;

Aluminium Alloy Structural Erector (whether prefabricated or otherwise);

Mixer Driver (concrete);

Gantry Hand or Crane Hand;

Crane Chaser;

Cement Gun Operator;

Drilling Machine Operator;

Concrete Gang, including concrete floater (as defined);

Roof Layer (Malthoid or similar material);

Dump Cart Operator;

Concrete Pump Hoseperson or Line Hand;

Concrete Formwork Stripper.

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 1(d) or 2. Where possible, an employee at Levels 1(a), 1(b) and 1(c) shall be provided with access to accredited structured training approved by CTA.

(b) Construction Worker Level 2 (CW2) - Relativity to tradesperson - 96%

(i) A Construction Worker Level 2 (CW2) works under limited supervision in one or more skill streams contained within this award. A CW2 will:

have completed in accordance with RPL principles a Construction Skills Test equivalent to the required competency standards; or

have completed relevant structured training equivalent to the required competency standards.

(ii) Skills and duties

An employee at this level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be part of a self-directed Work Area Team (WAT) and be may responsible for the supervision of one or more employees working at CW1 level.

An employee at this level:

can interpret plans and drawings relevant to their functions;

assists with the provision of on-the-job training;

assumes responsibility for allocating tasks within a Work Area Team within the area of the employees skill competence and training;

has some responsibility for the order and purchase of materials within defined parameters;

is able to sequence functions relevant to the employee’s Work Area Team;

applies quality control techniques to the employee’s own work and other employees within the Work Area Team.

(iii) Indicative of the tasks which an employee at this level may perform include the following:

calculates safe loads and stress factors;

measures accurately using specialised equipment;

non-trades maintenance of relevant plant and equipment;

anticipates and plans for constant changes to the work environment.

(iv) The CW2 classification incorporates the following broad banded award classifications:

Scaffolder (as defined);

Powder Monkey;

Hoist or Winch Driver;

Foundation Shafts worker (as defined);

Steel fixer;

Tack Welder;

Concrete Finisher.

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 3.

(i) A Construction Worker Level 3 (CW3) works individually or in a team environment in one or more skill streams contained within this award. A CW3 will:

have successfully completed a relevant trade apprenticeship or its AQF equivalent; or

have successfully completed, in accordance with RPL principles, a Construction Skills Test for this level; or

have successfully completed the required competency standards.

any one of which shall qualify the employee as a Construction Worker Level 3.

(ii) Skills and duties

An employee at this level may be responsible for the supervision of one or more employees working at CW1 or CW2 level.

An employee at this level:

understands and applies quality control techniques;

exercises good interpersonal and communication skills;

exercises measuring and calculation skills at a higher level than CW2;

exercises discretion within the scope of this grade;

performs work of a trades or non-trades nature which is incidental or peripheral to the employees main function and facilitates the completion of the whole task;

is able to inspect products

and/or materials for conformity with established operational standards;

assists in the provision of on-the-job training.

(iii) Indicative tasks which an employee may perform at this level include the following:

allocates functions within a Work Area Team;

production sequencing and materials handling of a level more advanced than CW2;

trade skills associated with certificated trades within the scope of this award;

has a sound understanding of the construction process.

(iv) The CW3 classification incorporates the following broad banded award classifications:

Rigger-Dogger;

Artificial Stoneworkers;

Bricklayers;

Bridge and Wharf Carpenter;

Carpenter and/or Joiner;

Caster;

Fixer;

Floor Layer Specialist;

Glazier;

Marble and Slate worker;

Painter;

Plasterer;

Quarry worker;

Roof tiler;

Slate Ridge or Roof Fixer;

Stonemason;

Roof Fixer;

Tile layer;

Hard Floor Coverer.

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 4.

(d) Construction Worker Level 4 (CW4) - Relativity to tradesperson - 105%

(i) A Construction Worker Level 4 (CW4) works in one or more skill streams contained within this award. A CW4 will:

have successfully completed the relevant structured training in addition to the requirements of CW3; or

have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee as a Construction Worker Level 4.

(ii) Skills and duties

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the two main construction skill streams contained within this award.

An employee at this level:

exercises skills attained through satisfactory completion of the training prescribed for this classification;

exercises discretion within the scope of this grade;

works under limited supervision either individually or in a team environment;

understands and implements quality control techniques;

provides guidance and assistance as part of a work team;

exercises advanced trades and non-trade skills relevant to the specific requirements of the industry or enterprise at a higher level than CW3.

(iii) Indicative tasks which an employee may perform at this level include the following:

exercises precision trade and non-trade skills using various materials and specialised techniques at a higher level than CW3;

operates, and maintains plant and machinery;

is able to plan construction sequencing.

(iv) The CW4 classification incorporates the following broad banded award classifications:

Marker-Setter Out;

Letter Cutter;

Signwriter.

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 5.

(e) Construction Worker Level 5 (CW5) - Relativity to tradesperson - 110%

(i) A Construction Worker Level 5 (CW5) works in one or more skill streams contained within this award. A CW5 will:

have successfully completed the relevant structured training in addition to the requirements of CW4; or

have successfully completed, in accordance with RPL principles, a Skills Test equivalent to the requirements;

either of which shall qualify the employee for a Construction Worker Level 5.

(ii) Skills and duties

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the two skill streams contained in this award.

An employee at this level:

exercises skills attained through satisfactory completion of the training prescribed for this classification;

exercises discretion within the scope of this grade;

provides trades guidance and assistance as part of a work team;

assists in the provision of training in conjunction with supervisors and trainers;

understand and implements quality control techniques;

works under limited supervision either individually or in a team environment.

(iii) Indicative tasks which an employee may perform at this level include the following:

exercises precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW4;

operates, and maintains complex plant and machinery;

is able to plan complex construction sequencing.

(iv) The CW5 classification incorporates the following broad banded award classifications:

Special Class Trades;

Carver;

And includes a refractory bricklayer

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 6.

(f) Construction Worker Level 6 (CW6) - Relativity to tradesperson - 115%

(i) A Construction Worker Level 6 (CW6) works in one or more skill streams contained within this award. A CW6 will:

have successfully completed the relevant structured training in addition to the requirements of CW5; or

have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee for a Construction Worker Level 6.

(ii) Skills and duties

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the skill streams contained within this award.

An employee at this level:

exercises skills attained through satisfactory completion of the training prescribed for this classification;

exercises discretion within the scope of this grade;

provides trades guidance and assistance as part of a work team;

provides training in conjunction with supervisors and trainers;

works under limited supervision either individually or in a team environment;

(iii) Indicative tasks which an employee may perform at this level include the following:

operates plant and equipment at a higher level of skill than CW5;

exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW5;

implements quality control techniques;

plans complex construction sequencing.

(iv) The CW6 classification does no incorporate any of the broad banded award classifications.

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 7.

(g) Construction Worker Level 7 (CW7) - Relativity to tradesperson - 120%

(i) A Construction Worker Level 7 (CW7) works in one or more skill streams contained within this award. A CW7 will:

have successfully completed the relevant structured training in addition to the requirements of CW6; or

have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee for a Construction Worker Level 7.

(ii) Skills and duties

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the skill streams contained within this award.

An employee at this level:

exercises skills attained through satisfactory completion of the training prescribed for this classification;

exercises discretion within the scope of this grade;

provides training in conjunction with supervisors and trainers;

understand and applies quality control techniques;

prepares complex reports;

contributes to the design of work, and the application of labour;

assists in the supervision or organisation of Work Area Teams.

(iii) Indicative tasks which an employee may perform at this level include the following:

works on plant and equipment at a higher level of skill than CW6;

exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW6;

implements quality control techniques;

plans complex construction sequencing.

(iv) The CW7 classification incorporates the following broad banded award classifications:

Sub-Foreperson

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 8.

(h) Construction Worker Level 8 (CW8) - Relativity to tradesperson - 125%

(i) A Construction Worker Level 8 (CW8) works in one or more skill streams contained within this award. A CW8 will:

have successfully completed the relevant structured training in addition to the requirements of CW7; or

have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee for a Construction Worker Level 8.

(ii) Skills and duties

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the three skill streams contained within this award.

An employee at this level:

exercises skills attained through satisfactory completion of the training prescribed for this classification;

exercises discretion within the scope of this grade;

designs training programs in conjunction with relevant supervisors and trainers;

understand and applies quality control techniques;

prepares complex reports;

contributes to the design of work and the application of labour.

(iii) Indicative tasks which an employee may perform at this level include the following:

works on plant and equipment at a higher level of skill than CW7;

exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW7;

implements quality control programs;

plans complex construction sequencing.

(iv) The CW8 classification incorporates the following broad banded award classifications:

Carpenter-Diver

Foreperson (as defined)

19.3.2 Allocation to skill streams contained within this award

(a) Workers from Level 2 to Level 8 inclusive shall be primarily employed in either the General Construction or the Civil Construction Stream.

(b) As the purpose of streams is not to create demarcations but to facilitate appropriate combinations of training within the industry, employees shall work across streams provided that the appropriate training, where required, has been provided.

19.3.3 Classification disputes

(a) It is recognised that from time to time disputes may arise as to the proper classification of a position or job to be filled by an employee. In the event that a dispute as to the proper classification or reclassification of a position or job does arise Clause 11 - Settlement of Disputes, shall apply.

(b) In any case, in determining the appropriate classification of a position or job to be filled by an employee, an employer will pay full regard to:

the nature and skill requirements of the position to be filled;

the skill level and certification of the employee;

the experience and qualifications of the employee in:

relevant indicative tasks nominated in this subclause; and/or

competency standards against which an employee is accredited.

Any agreed national procedures established for testing the validity of an employees claim for reclassification.

19.3.4 Skill based career structure

(a) Existing employees shall transfer to the new classification structure on the basis of existing award rates of pay in accordance with the translation in 19.4.1 hereof. Upon translation existing employees shall be regarded as satisfying the requirements of the new skill level to which they translate. However, in seeking upward reclassification an employee shall be required to demonstrate that the employee meets the full requirements of the higher skill level in accordance with the criteria outlined in this paragraph.

(b) The classification structure is designed to facilitate the improvement of the level of skills of the workforce and to provide a career path for all employees. It is drafted to achieve the objectives of the 1989 National Wage Case Principles.

(c) Accordingly, each classification level builds upon the previous level so that the value of an employee to the industry and their employer increases as the employee progresses through the structure. Skills are built up in a sequential manner through job learnt skills and structured training and the new industry training framework developed by CTA reflects this intent.

(d) Under the new classification structure, an employee’s building and construction industry skills are to be formally recognised, industry wide, at all levels from new entrant to Construction Worker Level 8. Employees will move up the classification structure as they acquire additional accredited skills. Payment will be on the basis of the level of skills required to perform the work of a particular position or job offered by an employer.

19.3.5 Training

(a) In order to facilitate the operation of the classification structure in 19.3.1 hereof an employer shall, in cooperation with the consultative committee develop a training programme consistent with:

the size, structure and scope of the activities of the employer;

the need to develop vocational skills relevant to the enterprise and the building and construction industry generally through courses conducted by accredited educational institutions and providers.

(b) Where, as a result of consultation in accordance with this clause it is agreed that additional training should be undertaken by the employee, that training may be taken either on or off the job. Provided that if the training is undertaken during normal working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

(c) Any costs associated with standard fees for prescribed course and prescribed textbooks (excluding those textbooks which are contained in the employers technical library) incurred in connection with the undertaking of training pursuant to 19.3.5(b) hereof shall be reimbursed by the employer upon the production of evidence of such expenditure. Provided that reimbursement shall be subject to the presentation of reports of satisfactory progress.

(d) Travel costs incurred by an employee undertaking training in accordance with this clause pursuant to 19.3.5(b) hereof which exceed those normally incurred travelling to and from work shall be reimbursed by the employer.

(e) Any disputes arising from the operation of this clause shall be subject to the disputes resolution procedure contained in clause 11 of this award.

19.4 Translation and rates of pay

19.4.1 Translation

(a) All employees who are not already classified under the new classification structure shall transfer from their current classification to the new classification structure on the basis of their existing award classification rate in accordance with 18.1.1(c) of this award.

(b) No employee shall unreasonably refuse to undertake training provided by the employer in paid work time which would enable the employee to fulfil the substantive requirements of the skill level to which they have translated as a result of the introduction of this subclause. In seeking upward reclassification an employee shall be required to demonstrate that the employee meets the full requirements of the higher skill level in accordance with the criteria outlined in this section.

19.4.2 Rates of pay

(a) This section details the rates of pay applicable under this subclause. Payment is for skills used, and employees performing work in a job at their skills classification in that field of work shall be entitled to the minimum rates of pay contained herein by virtue of

translation to the new structure as detailed in 18.1.1(c) hereof; or

by having fulfilled the criteria outlined in the skills classification definitions.

(b) Clause 19.6.2 hereof shows the rate of pay applicable upon translation.

19.4.3 Hourly rates of pay

For the purposes of this subclause, the hourly rates of pay are set out in 18.1.2 of this award.

8. Delete subclause 21.5 Transfers, of clause 21, Inclement Weather, and insert in lieu thereof the following:

21.5 Transfers

Employees shall accept transfer to an area or site not affected by inclement weather if, in the opinion of the employer, useful work is available in that area or site, and that work is within the scope of the employees skill, competence and training consistent with the classification structure contained in this subclause and the employer provides, where necessary, transport.

9. Insert after clause 25, Special Rates, the following new clause:

26. Superannuation

Superannuation Legislation - The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth) (collectively the superannuation legislation) and s.124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

26.1 Definitions

For the purposes of this clause:

26.1.1 "Fund" means a complying superannuation fund, as that term is used in the Superannuation legislation.

26.1.2 "Ordinary time earnings" means the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowances, industry allowance, trade allowance, shift loading, special rates, qualification allowances (e.g. first aid, laser safety officer), multi-storey allowance, district/location allowance, piecework rates, underground allowance, award site allowances, asbestos eradication allowance, leading hand allowances and supervisory allowances, together with those fares and travel allowances (as contained in clauses 38.1, 38.2, 38.3, 38.6.2 and 38.11) paid for days where ordinary time is worked, where applicable. The term includes any regular over-award pay as well as casual rates received for ordinary hours of work. All other allowances and payments are excluded. (Note: for the purposes of this subclause "ordinary hours of work" includes ordinary hours of shiftwork where applicable).

26.2 Employer Contributions

An employer must, in accordance with the governing rules of the relevant fund, make such superannuation contributions for the benefit of an employee in accordance with the superannuation legislation. For the purposes of the superannuation legislation, an employee’s ordinary time earnings are intended to provide that employee’s notional earnings base.

26.3 Voluntary Employee Contributions

26.3.1 Subject to the governing rules of the relevant fund, an employee who wishes to make contributions to the Fund may either forward his or her own contribution directly to the Fund administrators or authorise the employer to pay into the Fund from the employee’s wages, amounts specified by the employee.

26.3.2 Employee contributions to the Fund deducted by the employer at the employee’s request shall be held on the employee’s behalf and subject to individual agreement shall meet the following conditions:

(a) the amount of contributions shall be expressed in whole dollars.

(b) An employee shall have the right to adjust the level of contribution made on his or her own behalf from the first of the month following the giving of three months’ written notice to the employer.

(c) Contributions deducted under this clause shall be forwarded to the Fund at the same time as contributions under 26.2.

26.4 Superannuation Fund

26.4.1 An employer must, in accordance with the governing rules of the relevant Fund, make superannuation contributions to any of the following funds:

(a) C+BUS, ASSET, STA, Building Employees Superannuation Trust.

(b) any fund agreed between the employer and an employee.

(c) any fund which has application to employees in the principal business of the employer, where employees covered by this award are a minority of award-covered employees; or any other Fund to which and employer or employee who is a member of the religious fellowship known as The Exclusive Brethren elects to contribute.

(d) any Fund the employer was contributing to as at 1 December 1991 or at the date of becoming bound by this award, provided that the level of contribution satisfies the award requirements.

26.4.2 An employer is not required to contribute to more than one Fund in respect of an employee employed under this Award.

26.5 Absence from Work

Subject to the governing rules of the fund of which an employee is a member, the following provisions shall apply:

26.5.1 Paid Leave

Contributions shall continue whilst an employee is absent on annual leave, sick leave, personal/carers leave, bereavement leave, long service leave, public holidays, jury service, or other paid leave.

26.5.2 Work Related Injury or Illness

In the event of an employee’s absence from work being due to work related injury or illness, contributions at the normal rate shall continue for the period of the absence provided that:

(a) the person remains an employee of the employer; and

(b) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this award.

10. Renumber clause 26 Accident Pay, to read as 26A.

11. This variation shall come into effect on the first pay period commencing on or after 1 April 2004 the rates of remuneration shall be phased in and take effect from the periods indicated in the relevant tables.

M. J. WALTON J, Vice-President.

____________________

Printed by the authority of the Industrial Registrar.

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