PLANT, &c., OPERATORS ON CONSTRUCTION (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
1, Arrangement, of the award published 16 November 2001 (329 I.G. 625) and
insert in lieu thereof the following:
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Interpretation
3. Anti-Discrimination
4. Definitions
5. Wage
Rates
5A. Award
restructuring in the Building and Construction Industry
6. Structural
Efficiency Exercise
7. Award
Modernisation
8. Casual
Employees
9. Contract
of Employment
10. Termination
of Employment
11. Hours, Day
Workers
12. Hours of
Work - Part Time Employment
13. Meal
Interval
14. Meal
Interval During Overtime
15. Overtime
16. Public
Holidays and Holiday Work
17. Weekend
Work
18. Shift Work
19. Sick Leave
20. Personal/Carer's
Leave
21. Jury
Service
22. Annual
Leave
23. Long
Service Leave
24. Parental
Leave
25. Mixed
Functions
26. Superannuation
27. Right of
Entry
28. Payment of
Wages
29. Annual
Leave Loading
30. Redundancy
31. Fares and
travel Pattern Allowance
32. Union
Representative
33. Country
Work
34. Camping
Area
35. Caravan
Allowance
36. Automation
and Mechanisation
37. Distant
Place Allowance
38. Miscellaneous
39. Bereavement
Leave
40. Trade
Union Training Leave
41. Exemptions
42. Leave
Reserved
43. Settlement
of Disputes
44. Prohibition
of Bans, Limitations and Restrictions
44A. Deduction of
Union Membership Fees
44B. Traineeships
45. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Other Rates
and Allowances
2. Delete clause
5, Wage Rates, and insert in lieu thereof the following:
5. Wage Rates
(1) New
Classification Structure
(a) This award
contains a new classification structure.
The new classification structure shall be subject to transitional
provisions and a phase-in of increases to weekly rates of pay resulting from
the new classification structure.
(b) Clause 5A sets
out the transitional arrangements to be applied with respect to the new
classification structure.
(c) Existing
employees shall have their new classification determined by reference to the CW
classification into which the employee’s Group has been incorporated pursuant
to clause 5(3).
(d) New employees
shall be classified in accordance with the relevant provisions of clause 5A.
(e) During the
transitional period of the new classification structure, employees who were
existing employees at the introduction of the new classification structure
shall have their weekly rates of pay determined in accordance with the
following table:
|
Broad banded
|
Old rate
|
New CW
|
Rate per week
|
11 Sept.
|
Anniversary of
|
11 Sept.
|
|
Award
|
per week
|
Classification
|
on
|
2004
|
commencement
|
2005
|
|
Classification
|
|
|
commencement
|
|
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
|
Group A
|
515.80
|
CW3
|
522.80
|
529.80
|
536.80
|
542.30
|
|
Group B
|
533.60
|
CW4
|
541.10
|
548.60
|
556.10
|
563.20
|
|
Group C
|
551.50
|
CW5
|
560.00
|
568.50
|
577.00
|
584.00
|
|
Group D
|
558.90
|
CW5
|
565.40
|
571.90
|
578.40
|
584.00
|
|
Group E
|
567.60
|
CW5
|
571.70
|
575.80
|
579.90
|
584.00
|
|
Group F
|
573.00
|
CW6
|
580.50
|
588.00
|
595.50
|
602.90
|
|
Group G
|
582.20
|
CW6
|
587.70
|
593.20
|
598.70
|
602.90
|
|
Group H
|
592.60
|
CW7
|
600.60
|
608.60
|
616.60
|
623.70
|
(f) Employees engaged by an employer after
the introduction of the new classification structure but before the completion
of the phase-in of the rates of pay resulting from the new classification
structure, shall have their weekly rates of pay determined in accordance with
the following table:
|
Classification
|
On commencement
|
11 Sept 2004
|
Anniversary of
|
11 Sept 2005
|
|
|
of new structure
|
|
commencement
|
|
|
|
$
|
$
|
$
|
$
|
|
CW8
|
600.60
|
616.00
|
631.40
|
646.60
|
|
CW7
|
600.60
|
608.60
|
616.60
|
623.70
|
|
CW6
|
580.50
|
588.00
|
595.50
|
602.90
|
|
CW5
|
560.00
|
568.50
|
577.00
|
584.00
|
|
CW4
|
541.10
|
548.60
|
556.10
|
563.20
|
|
CW3
|
522.80
|
529.80
|
536.80
|
542.30
|
|
CW2
|
515.80
|
519.00
|
523.60
|
523.60
|
|
CW1(d)
|
510.20
|
510.20
|
510.20
|
510.20
|
|
CW1(c)
|
498.60
|
498.60
|
498.60
|
498.60
|
|
CW1(b)
|
490.20
|
490.20
|
490.20
|
490.20
|
|
CW1(a)
|
477.70
|
477.70
|
477.70
|
477.70
|
(g) Upon the completion
of the phase-in of the increased rates of pay resulting from the new
classification structure, employees under this award shall be paid, as a
minimum, the relevant rate as prescribed in Table 1 of Part B, Monetary Rates.
(2) Floating/Mobile/Other
Crane Capacity Adjustment - For every five tonnes in excess of 20 tonnes an
amount as set out in Item 9 of Table 2 of Part B, Monetary Rates shall be added
to the base rate for Group D below.
(3) Index to
Groups - The following table represents the index to the various groups of
operators prior to the introduction of the new classification structure and the
corresponding CW classification for the purposes of clause 5(1)(c) herein.
|
Broad banded Award
Classification
|
New CW
|
|
|
Classification
|
|
Group A
|
CW3
|
|
Air Compressor Operators
|
|
|
Electric Motor Attendants
|
|
|
All Winch Drivers
|
|
|
Service People
|
|
|
Operators of other cranes up to and including 5 tonnes
|
|
|
Mobile concrete Line Pump Operator
|
|
|
Group B
|
CW4
|
|
Operator of Tractor - up to but not exceeding 48kw (65hp)
|
|
|
Operator of Skid Steer Tractor - up to but not exceeding
48kw (65hp)
|
|
|
Operator of Compactor - up to but not exceeding 48kw
(65hp)
|
|
|
Operator of Fork Lift - up to but not exceeding 48kw
(65hp)
|
|
|
Operator of Mobile Crane - up to and including 10 tonnes
|
|
|
Operator of Floating Crane - up to and including 10 tonnes
|
|
|
Operator of Other Cranes - over 5 and not exceeding 15
tonnes
|
|
|
Operator of Road Roller
|
|
|
Operator of Road Sealing and Surfacing Plant
|
|
|
Mobile Concrete Boom Pump Operator
|
|
|
Group C
|
CW5
|
|
Operator of Tractor - from 48kw (65hp) up to but not
exceeding 96kw (130hp)
|
|
|
Operator of Loader - front-end and overhead - from 48kw
(65hp) up to but not
|
|
|
exceeding 96kw (130hp)
|
|
|
Operator of Dragline/Shovel Excavator - up to 0.5 cubic
metres
|
|
|
Operator of Dumper - up to but not exceeding 25 tonnes
|
|
|
Operator of Grader - up to and including 90kw (120hp)
|
|
|
Operator of Compactor - from 48kw (65hp) but not exceeding
96kw (130hp)
|
|
|
Operator of Skid Steer Tractor - from 48kw (65hp) up to but
not exceeding 96kw
|
|
|
(130hp)
|
|
|
Operator of Fork Lift - from 48kw (65hp) up to but not
exceeding 96kw (130hp)
|
|
|
Operator of Mobile Crane - over 10 but not exceeding 20
tonnes
|
|
|
Operator of Floating Crane - over 10 but not exceeding 20 tonnes
|
|
|
Operator of Other Cranes - over 15 but not exceeding 20
tonnes
|
|
|
Group D
|
|
|
Operator of Tractor - from 96kw (130hp) up to but not
exceeding 220kw (295hp)
|
|
|
Operator of Excavator - Hydraulic Telescopic Boom Type
|
|
|
Operator of Dragline/Shovel Excavator - from 0.5 cubic
metres up to but not exceeding
|
|
|
1.5 cubic metres
|
|
|
Operator of Fork Lift - from 96kw (130hp) up to but not
exceeding 220kw (295hp)
|
|
|
Operator of Dumper - from 25 tonnes up to but not
exceeding 40 tonnes
|
|
|
Operator of Grader - from 96kw (130hp) up to but not
exceeding 148kw (200hp)
|
|
|
Operator of Loader - front end and overhead from 96kw
(130hp) up to but not exceeding
|
|
|
220kw (295hp) capacity
|
|
|
Operator of Slide Boom/Pipe Layer - up to but not
exceeding 96kw (130hp)
|
|
|
Operator of Compactor - from 96kw (130hp) up to but not
exceeding 220kw (295hp)
|
|
|
Operator of Skid Steer Tractor - from 96kw (130hp) up to but
not exceeding 220kw
|
|
|
(295hp)
|
|
|
Group E
|
CW5
|
|
Operator of Grader - from 148kw (200hp)
|
|
|
Operator of Tractor - from 220kw (295hp) up to but not
exceeding 370kw (500hp)
|
|
|
Operator of Dumper - from 40 tonnes up to but not exceeding
100 tonnes
|
|
|
Operator of Loader - front end and overhead, from 220kw
(295 hp) up to but not
|
|
|
exceeding 370kw (500hp)
|
|
|
Operator of Compactor - from 220kw (295hp)
|
|
|
Operator of Skid Steer Tractor from 220kw (295hp)
|
|
|
Operator of Dragline/Shovel Excavator - from 1.5 metres up
to but not exceeding 3.0
|
|
|
metre capacity
|
|
|
Operator of Side Boom/Pipe Layer - from 96kw (130hp) but
not exceeding 220kw
|
|
|
(295hp)
|
|
|
Group F
|
CW6
|
|
Operator of Tractor - from 370kw (500hp) up to but not
exceeding 450kw (600hp)
|
|
|
Operator of Dragline/Shovel Excavator - from 3.0 cubic
metres up to but not exceeding
|
|
|
5 cubic metres
|
|
|
Operator of Dumper - from 100 tonnes truck capacity
|
|
|
Operator of Loader - front end and overhead, from 370kw
(500hp) up to but not
|
|
|
exceeding 450kw (600hp)
|
|
|
Group G
|
CW6
|
|
Operator of Dragline/Shovel Excavator - from 5 cubic
metres
|
|
|
Operator of Side Boom/Pipe Layer - from 220kw (295hp)
|
|
|
Group H
|
CW7
|
|
Operator of Tractor - from 450kw (600hp)Operator of Tower
Crane
|
|
(4) The rates of
pay in this award include the adjustments payable under the State Wage Case
2003. These adjustments may be offset
against:
(a) any equivalent
overaward payments and/or
(b) award wage
increases since 29 May, 1991 other than Safety Net, State Wage Case and minimum
rates adjustments.
(5) Additions to
the Total Weekly Wage
(i) An employee
in charge of plant shall be paid an amount as set out in Item 1 of Table 2 -
Other Rates and Allowances of Part B, Monetary Rates.
An employee shall be deemed to be in charge of his
plant item where -
(a) when two or
more employees are employed at the plant at the one time, the employee who is
invested with the superintendence and responsibility or who has to accept the
superintendence and responsibility; or
(b) an employee who
is invested with the superintendence and responsibility or who has to accept
the superintendence and responsibility over one or more other employees; or
(c) when the
employee is the only person of that class employed on the plant the employee
who does the general repair work of the plant in addition to the work of operating,
but not when the employee merely assists a fitter or engineer to do such work;
or
(d) where shifts
are worked the employee who is directed to carry out the general repair work of
the plant in addition to the work of operating, but not when the employee
merely assists a fitter or engineer to do such work.
(ii) Industry
Allowance -
Employees shall be paid an allowance as set out in Item
2 of the said Table 2 per week to compensate for the following disabilities
associated with work on civil and/or mechanical engineering projects:
being subject to climatic conditions, that is, dust
blowing in the wind, drippings from newly-poured concrete, sloppy and muddy
conditions,
the lack of usual amenities associated with factory work
(for example, meal rooms, change rooms, lockers, etc)
being required to work when exposed to inclement
weather and for working in isolated and undeveloped locations;
sloppy and muddy conditions associated with the initial
stages of the erection of a building;
For the purpose of this clause "inclement
weather" means wet weather and for working in isolated and undeveloped
locations and/or abnormal climatic conditions such as hail, cold, high winds,
severe dust storms, extreme high temperatures or any combination thereof.
(iii) Waste
Disposal - In addition to the allowances prescribed in paragraphs (a) and (b)
of this subclause, employees engaged in waste disposal depots shall be paid a
disability allowance as set out in Item 4 of Table 2 for each hour worked with
a minimum payment of three hours each day.
This allowance is to compensate for the special disabilities associated
with the offensive and obnoxious nature of the duties of solid and liquid waste
and garbage disposal. The allowance
prescribed by this paragraph shall be paid for each hour the employees are
suffering the disabilities and shall not form part of ordinary wage for all
purposes of the award.
(iv) Leading Hands
- An employee appointed as a leading hand shall be paid in addition to the wage
rate otherwise prescribed, an amount as set out in Item 5 of Table 2.
Leading hand shall mean an employee who shall be in
charge of any number of employees and who shall, if required, keep a record of
the times of employees under his control.
(v) Special
Allowance - Employees within the Steel Works at Australian Iron & Steel,
Port Kembla, shall be paid an additional amount as set out in Item 6 of Table 2
when loading/handling manganese.
(vi) Employees
involved in road construction work in the Illawarra region working in areas
where coal wash is being unloaded, handled or spread shall be paid the sum as
set out in Item 7 of Table 2. This
allowance shall be paid in substitution for any rate which might otherwise be
payable for dirty, wet confined spaces or similar disability.
5A. Award
Restructuring in the Building and Construction Industry
5A.1 Guidelines for
implementation
5A.1.1 Clause
5.1 of this award contains a new classification structure consistent with the
August 1989 National Wage Case decision [Print H9100]. This new classification structure implements
the decisions of the Australian Industrial Relations Commission in Prints
K3850, K7300, L2207, L8499, PR12836 and PR921120.
5A.1.2 The
new classification structure in 5.1 shall be read in conjunction with this
clause
5A.1.3 No
existing employee’s rate of pay shall be reduced as a result of the
introduction of the new classification structure.
5A.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).
5A.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.
5A.2 Definition of key
concepts and terms
5A.2.1 Australian
qualifications framework or AQF refers to the system of competency based
training and certification.
5A.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.
5A.2.3 Fields
of work means a defined grouping of logically related skills based on an
efficient organisation of work.
5A.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 fitout and finishing activities relating to newly
constructed or existing buildings or structures, and does not extend beyond the
scope of this award.
5A.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.
5A.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.
5A.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 5A.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 to the Reclassification Disputes Board outlined in 5A.3.3 hereof.
5A.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.
5A.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.
5A.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.
5A.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.
5A.3 Classifications
and related issues
5A.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 Worker 1,
|
|
|
as detailed below
|
92.4%
|
(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 does not incorporate any broad banded award classifications.
(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 does not incorporate any broadbanded award classifications.
(v) An employee at
this level may be undergoing training so as to qualify as a Construction Worker
Level 3.
(c) Construction Worker
Level 3 (CW3) Relativity to tradesperson - 100%
(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 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 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:
Plant Operator Group A.
(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 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 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:
Operator Group B;
(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 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 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:
Operator Group C;
Operator Group D;
Operator Group E;
(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 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 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 incorporates the following broad banded award classifications:
Operator Group F;
Operator Group G.
(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 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 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:
Operator Group H;
(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 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 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 does not incorporate any broadbanded award classifications.
5A.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.
5A.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 the dispute settlement procedure of this award 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.
5A.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 5A.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.
5A.3.5 Training
(a) In order to
facilitate the operation of the classification structure in 5A.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
5A.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 5A.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.
5A.4 Translation and
rates of pay
5A.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
5(3) 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.
5A.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
subclause 5(3); or
by having fulfilled the criteria outlined in the skills
classification definitions.
(b) Clause 5(1)(e)
shows the rate of pay applicable upon translation.
3. Delete
clause 26, Superannuation, and insert in lieu thereof the following:
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
clause 31) 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, CTRF,
APS, 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.
4. Delete Part
B, Monetary Rates, and insert in lieu thereof
the following:
PART B
MONETARY RATES
Table 1 - Rates of
Pay
|
Classification
|
Rate per week
|
|
|
$
|
|
The rates of pay in this table represent the rates
applicable to employees covered by this award and come
|
|
about as a result of the insertion of the new
classification structure. The new
classification structure is
|
|
subject to a transitional period. Accordingly, the rates of pay in this
table do not apply until the transitional
|
|
period is complete.
See clauses 5(1)(e) and 5(1)(f) for the rates of pay applicable during
the transitional
|
|
period.
|
|
Construction Worker Level 8 - CW8
|
646.60
|
|
Construction Worker Level 7 - CW7
|
623.70
|
|
Construction Worker Level 6 - CW6
|
602.90
|
|
Construction Worker Level 5 - CW5
|
584.00
|
|
Construction Worker Level 4 - CW4
|
563.20
|
|
Construction Worker Level 3 - CW3
|
542.30
|
|
Construction Worker Level 2 - CW2
|
523.60
|
|
Construction Worker Level 1 - CW1(d)
|
510.20
|
|
Construction Worker Level 1 - CW1(c)
|
498.60
|
|
Construction Worker Level 1 - CW1(b)
|
490.20
|
|
Construction Worker Level 1 - CW1(a)
|
477.70
|
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
Amount
|
|
1
|
5(5)(i)
|
Operator in charge of plant
|
12.77 per week
|
|
2
|
5(5)(ii)(a)
|
Industry allowance
|
20.40 per week
|
|
4
|
5(5)(iii)
|
Employees engaged in waste disposal depots
|
0.95 per hour
|
|
5
|
5(5)(iv)
|
Leading hands -
|
|
|
|
|
In charge of more than 2 and up to 5 employees
|
18.00 per week
|
|
|
|
In charge of more than 5 and up to 10 employees
|
25.40 per week
|
|
|
|
In charge of more than 10 employees
|
32.40 per week
|
|
6
|
5(5)(v)
|
Special Allowance - Employees within A.I. & S, Port
|
|
|
|
|
Kembla
|
0.72 per hour
|
|
7
|
5(5)(vi)
|
Employees involved in road construction work in the
|
|
|
|
|
Illawarra region near coal wash
|
0.46 per hour
|
|
8
|
14(ii)
|
Meal Allowance
|
9.90 per meal
|
|
|
|
each subsequent meal
|
8.10 per meal
|
|
10
|
31(i)(a)
|
Excess Fares
|
13.30 per day
|
|
|
|
Small Fares
|
5.10 per day
|
|
9
|
5(2)
|
Floating/Mobile/other cranes for every 5 tonnes in excess
|
|
|
|
|
of 20 tonnes
|
1.73
|
|
11
|
31(i)(b)
|
Travel Pattern Loading
|
7.25 per week
|
|
12
|
31(iv)(a)
|
Travel in excess of 40 kilometres from the depot
|
0.73 per km
|
|
|
|
Minimum Payment
|
13.30 per day
|
|
|
31(iv)(b)
|
Use of Own Vehicle
|
0.73 per km
|
|
|
31(iv)(c)
|
Road Escort - Own Vehicle
|
0.73 per km
|
|
|
31(iv)(d)
|
Transfer - One job to another Own Vehicle
|
0.73 per km
|
|
13
|
31(v)
|
Carrying of Fuels Oils and/or grease
|
7.70 per day
|
|
14
|
|
Country Work Allowance
|
|
|
|
33(iii)(a)
|
Unbroken Week
|
338.60 per week
|
|
|
33(iii)(b)
|
Broken Week
|
48.40 per day
|
|
15
|
33(iii)(c)(i)
|
Travel Allowance - Weekend Return
|
27.10 per
|
|
|
|
|
occasion
|
|
16
|
33(v)
|
Meal Allowance whilst travelling
|
9.90 per meal
|
|
17
|
34(xv)(a)
|
Camping Area - Weekend return
|
27.10 per
|
|
|
|
|
occasion
|
|
|
35(ii)
|
Caravan Allowance
|
|
|
|
|
Unbroken Week
|
158.10 per week
|
|
|
|
Broken Week
|
22.60 per day
|
|
18
|
38(x)(c)(v)(A)
|
First-Aid Allowance
|
1.96 per day
|
|
19
|
38(x)(c)(v)(B)
|
First-Aid Allowance
|
3.08 per day
|
4. 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.