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 3618
of 2004)
|
Before The Honourable
Justice Kavanagh
|
8 July 2004
|
VARIATION
1. Delete
paragraph (a) of subclause 18.1 of 18, Classifications and Wage Rates, of the award
published 31 August 2001 (327 I.G. 279), and insert in lieu thereof the
following:
(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)
|
665.60
|
125
|
|
Construction
Worker Level 7 (CW7)
|
642.70
|
120
|
|
Construction
Worker Level 6 (CW6)
|
621.90
|
115
|
|
Construction Worker Level 5 (CW5)
|
603.00
|
110
|
|
Construction
Worker Level 4 (CW4)
|
582.20
|
105
|
|
Construction
Worker Level 3 (CW3)
|
561.30
|
100
|
|
Construction
Worker Level 2 (CW2)
|
542.60
|
96
|
|
Construction
Worker Level 1 (CW1(d))
|
529.20
|
92.4
|
|
Construction
Worker Level 1 (CW1(c))
|
517.60
|
90
|
|
Construction
Worker Level 1 (CW1(b))
|
509.20
|
88
|
|
Construction
Worker Level 1 (CW1(a))
|
496.70
|
85
|
|
Old Wage Group
|
New
|
2nd instalment at
|
Hourly Rate on
|
|
|
Wage
|
time of SWC
|
completion of phase-
|
|
|
Group
|
increase
|
in* (11/12/04)
|
|
|
$
|
$
|
$
|
|
Carpenter
Diver
|
CW8
|
24.51
|
24.51
|
|
Foreperson
(as defined)
|
CW8
|
21.48
|
21.48
|
|
Sub
Foreperson
|
CW7
|
20.29
|
20.29
|
|
Carver
|
CW5
|
17.75
|
17.75
|
|
Special
Class Tradesperson
|
|
|
|
|
(Carpenter
and/or Joiner,
|
|
|
|
|
Stonemason)
|
CW5
|
17.56
|
17.75
|
|
Special
Class Tradesperson
|
|
|
|
|
(Plasterer)
|
CW5
|
17.44
|
17.64
|
|
Special
Class Tradesperson
|
|
|
|
|
(Bricklayer)
|
CW5
|
17.37
|
17.57
|
|
Marker
or Setter Out
|
|
|
|
|
(Artificial
Stoneworker,
|
|
|
|
|
Stonemason,
Bridge and
|
|
|
|
|
Wharf
Carpenter, Carpenter
|
|
|
|
|
and/or
Joiner, Marble and
|
|
|
|
|
Slateworker)
|
CW4
|
17.18
|
17.18
|
|
Marker
or Setter Out (Caster,
|
|
|
|
|
Fixer,
Floorlayer Specialist,
|
|
|
|
|
Plasterer
)
|
CW4
|
17.08
|
17.08
|
|
Marker
or Setter Out
|
|
|
|
|
(Bricklayer,
Tilelayer, Hard
|
|
|
|
|
Floor
Coverer)
|
CW4
|
17.01
|
17.01
|
|
Marker
or Setter Out (Roof
|
|
|
|
|
Tiler,
Slate Ridger or Roof
|
|
|
|
|
Fixer)
|
CW4
|
16.90
|
16.90
|
|
Marker
or Setter Out (Painter)
|
CW4
|
16.73
|
16.73
|
|
Letter
Cutter
|
CW4
|
17.18
|
17.18
|
|
Signwriter
|
CW4
|
16.73
|
16.73
|
|
Artificial
Stoneworker,
|
|
|
|
|
Carpenter
and/or
|
|
|
|
|
Joiner,
Bridge and Wharf
|
|
|
|
|
Carpenter,
|
|
|
|
|
Marble
and Slate Worker,
|
|
|
|
|
Stonemason,
|
CW3
|
16.62
|
16.62
|
|
Caster,
Fixer, Floorlayer
|
|
|
|
|
Specialist,
Plasterer
|
CW3
|
16.51
|
16.51
|
|
Bricklayer,
Tilelayer
|
CW3
|
16.44
|
16.44
|
|
Roof
Tiler, Slate Ridger, Roof
|
|
|
|
|
Fixer
|
CW3
|
16.33
|
16.33
|
|
Painter
|
CW3
|
16.16
|
16.16
|
|
Shophand
|
CW3
|
16.02
|
16.02
|
|
Quarryworker
|
CW3
|
16.02
|
16.02
|
|
Labourer
(1) - Rigger, Dogger
|
CW3
|
16.02
|
16.02
|
|
Machinist
|
CW3
|
15.85
|
16.02
|
|
Labourer
(2) - Scaffolder (as
|
|
|
|
|
defined),
Powder Monkey,
|
|
|
|
|
Hoist
or Winch Driver,
|
|
|
|
|
Foundation
Shaftsworker (as
|
|
|
|
|
defined),
Steel Fixer including
|
|
|
|
|
Tack
Welder, Concrete
|
|
|
|
|
Finisher
(as defined)
|
CW2
|
15.51
|
15.51
|
|
Labourer
(3) - Trades
|
|
|
|
|
labourer,
Jack Hammerman,
|
|
|
|
|
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
|
CW1(d)
|
15.14
|
15.14
|
|
Plasterer’s
Assistant
|
CW1(d)
|
15.14
|
15.14
|
|
Terrazzo
Assistant
|
CW1(d)
|
15.14
|
15.14
|
|
Labourer
(4) - Builders
|
|
|
|
|
Labourer
other than as
|
|
|
|
|
specified
herein)
|
CW1(c)
|
14.68
|
14.83
|
2. Delete paragraph
(f) of subclause 18.1 of clause 18, and insert in lieu thereof the following:
(f) The rates of
pay in this award include the adjustments payable under State Wage Case
2004. 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.
3. Delete
subparagraph 18.1.2.1, of paragraph 18.1.2 Wage Rates - Apprentices, of clause
18, and insert in lieu thereof the following:
18.1.2.1 Carpenters,
Joiners, Bricklayers, Painters, etc., Plasterers, etc., Roof Tilers, Fibrous
Plasterer, Plasterboard Fixer, Stonemasons, Tilelayers, Floorlaying.
(i) Indentured Apprentice
- The minimum rates of wages for four-year apprentices shall be as follows:
|
|
Base Rate
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
Allowance
|
Allowance
|
Week
|
|
|
|
Per Week
|
Per Week
|
|
|
|
$
|
$
|
$
|
$
|
|
1st year
|
186.60
|
21.10
|
17.10
|
224.80
|
|
2nd year
|
272.50
|
21.10
|
25.30
|
318.90
|
|
3rd year
|
361.10
|
21.10
|
32.50
|
414.70
|
|
4th year
|
423.00
|
21.10
|
38.70
|
482.80
|
(ii) Trainee
Apprentices -
|
|
Base Rate
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
Allowance
|
Allowance
|
Week
|
|
|
|
Per Week
|
Per Week
|
$
|
|
|
$
|
$
|
$
|
|
|
1st year
|
209.50
|
21.10
|
18.40
|
249.00
|
|
2nd year
|
306.20
|
21.10
|
27.80
|
355.10
|
|
3rd year
|
397.20
|
21.10
|
35.30
|
453.60
|
|
4th year
|
446.10
|
21.10
|
40.10
|
507.30
|
18.1.2.2 Civil
Engineering Construction Carpenters:
|
|
Base Rate
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
Allowance
|
Allowance
|
Week
|
|
|
|
Per Week
|
Per Week
|
|
|
|
$
|
$
|
$
|
$
|
|
1st year
|
227.30
|
21.10
|
20.00
|
268.40
|
|
2nd year
|
324.10
|
21.10
|
28.10
|
373.30
|
|
3rd year
|
401.80
|
21.10
|
35.30
|
458.20
|
|
4th year
|
475.80
|
21.10
|
41.40
|
538.30
|
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
|
182.50
|
21.10
|
16.80
|
220.40
|
|
2nd six months
|
265.60
|
21.10
|
24.80
|
311.50
|
|
2nd year
|
352.00
|
21.10
|
31.90
|
405.00
|
|
3rd year
|
412.90
|
21.10
|
37.90
|
471.90
|
(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
|
198.90
|
21.10
|
18.00
|
238.00
|
|
2nd six months
|
290.00
|
21.10
|
27.30
|
338.40
|
|
2nd year
|
376.40
|
21.10
|
34.60
|
432.10
|
|
3rd year
|
422.60
|
21.10
|
39.30
|
483.00
|
4. Delete
paragraph 18.1.3 Adult Apprentices, of the said clause 18 and insert in lieu
thereof the following:
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, Tilelayers, Floorlaying
(i) Indentured
Apprentices:
|
|
Base Rate
|
Industry
|
Special
|
Total Per Week
|
|
|
Per Week
|
Allowance
|
Allowance
|
|
|
|
|
Per Week
|
Per Week
|
$
|
|
|
$
|
$
|
$
|
|
|
1st year
|
309.30
|
21.10
|
17.10
|
347.50
|
|
2nd year
|
309.30
|
21.10
|
25.30
|
355.70
|
|
3rd year
|
365.60
|
21.10
|
32.50
|
419.20
|
|
4th year
|
425.80
|
21.10
|
38.70
|
485.60
|
(ii) Trainee
Apprentices:
|
|
Base Rate
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
Allowance
|
Allowance
|
Week
|
|
|
|
Per Week
|
Per Week
|
|
|
|
$
|
$
|
$
|
$
|
|
1st year
|
309.30
|
21.10
|
18.40
|
348.80
|
|
2nd year
|
311.90
|
21.10
|
27.80
|
360.80
|
|
3rd year
|
401.20
|
21.10
|
35.30
|
457.60
|
|
4th year
|
448.40
|
21.10
|
40.10
|
509.60
|
18.1.3.2 Civil
Engineering Construction Carpenters - for adult apprentices the minimum rates
shall be as follows:
|
|
Base Rate
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
Allowance
|
Allowance
|
Week
|
|
|
|
Per Week
|
Per Week
|
|
|
|
$
|
$
|
$
|
$
|
|
1st year
|
309.30
|
21.10
|
20.00
|
350.40
|
|
2nd year
|
328.00
|
21.10
|
28.10
|
377.20
|
|
3rd year
|
405.70
|
21.10
|
35.30
|
462.10
|
|
4th year
|
477.20
|
21.10
|
41.40
|
539.70
|
5. Delete subclause
18.4 Leading hands, of clause 18, and insert in lieu thereof the following:
|
Item No.
|
Description
|
Weekly Base
|
Amount per hour
|
|
(i)
|
In charge of not more than 1 person
|
13.50
|
0.37
|
|
(ii)
|
In charge of 2 and not more than 5 persons
|
29.70
|
0.81
|
|
(iii)
|
In charge of 6 and not more than 10 persons
|
37.90
|
1.03
|
|
(iv)
|
In charge of more than 10 persons
|
50.50
|
1.37
|
6. Delete the
amount "65 cents" in subclause 18.5 Carpenter - Diver allowance, of
clause 18, and insert in lieu thereof the following:
"67 cents"
7. Delete the
table in subclause 18.7 Foreperson and Sub Foreperson Allowances, of clause 18,
and insert in lieu thereof the following:
|
Classification
|
Per Week
|
|
|
$
|
|
Foreperson (as defined)
|
74.90
|
|
Sub-Foreperson
|
53.90
|
8. Delete the
table in paragraph 18.8.2 Refractory bricklaying allowance, and insert in lieu
thereof the following:
|
Classification
|
Per hour
|
|
|
$
|
|
Refractory Bricklayer
|
1.47
|
|
Refractory Bricklayer’s Assistant
|
1.26
|
9. Delete the
amount of "$20.40" in subclause 24.1, Industry Allowance, of clause
24, Allowances, and insert in lieu thereof the amount of "$21.10".
10. Delete the
amounts of "$9.97" and "$1.99" in subclause 24.2,
Underground Allowance, of the said clause 24, and insert in lieu thereof the
amounts of "$10.32" and "$2.06".
11. Delete the
table in paragraph 24.5.3 of clause 24, and insert in lieu thereof the
following:
|
Floor Levels
|
Amount per hour
extra
|
|
|
$
|
|
From commencement of building to fifteenth floor level
|
0.38
|
|
From sixteenth floor level to thirtieth floor level
|
0.46
|
|
From thirty-first floor level to forty-fifth floor level
|
0.71
|
|
From forty-sixth floor level to sixtieth floor level
|
0.91
|
|
From sixty-first floor level onwards
|
1.14
|
12. Delete the
table in subclause 25.5 Swing Scaffold, of clause 25, Special Rates, and insert
in lieu thereof the following:
|
Height of Bracing
|
First Four Hours
|
Each additional
Hour
|
|
|
$
|
$
|
|
0 - 15 storeys
|
3.45
|
0.71
|
|
16 - 30 storeys
|
4.45
|
0.92
|
|
31 - 45 storeys
|
5.25
|
1.07
|
|
46 - 60 storeys
|
8.61
|
1.78
|
|
greater than 60 storeys
|
10.98
|
2.27
|
|
solid plasterers when working off a swing scaffold
|
0.11 per hour
|
13. Delete the
table in subclause 25.15 Heavy Blocks, of clause 25, and insert in lieu thereof
the following:
|
|
Amount per hour
|
|
|
$
|
|
Where the blocks weigh over 5.5 kg and under 9 kg
|
0.48 p/h
|
|
Where the blocks weigh 9 kg or over up to 18 kg
|
0.86 p/h
|
|
Where the blocks weigh over 18 kg
|
1.21 p/h
|
14. Delete the table
in subclause 25.41 Table of Special Rates, of clause 25, and insert in lieu
thereof the following:
|
Item No.
|
Clause No.
|
Description
|
Amount
|
|
|
|
|
$
|
|
1
|
25.1
|
Insulation Work
|
0.59 p/h
|
|
2
|
25.2
|
Hot Work
|
|
|
|
|
Between 46° and 54°
|
0.48 p/h
|
|
|
|
Beyond 54°
|
0.59 p/h
|
|
3
|
25.3
|
Cold Work
|
0.48 p/h
|
|
4
|
25.4
|
Confined Space
|
0.59 p/h
|
|
5
|
25.6
|
Explosive Powered tools
|
1.13 p/d
|
|
6
|
25.7
|
Wet Work
|
0.48 p/h
|
|
7
|
25.8
|
Dirty Work
|
0.48 p/h
|
|
8
|
25.9
|
Towers Allowance
|
|
|
|
|
Work above 15 metres
|
0.48 p/h
|
|
|
|
Each further 15 metres
|
0.48 p/h
|
|
9
|
25.10
|
Toxic Substances
|
|
|
|
|
Using toxic substances
|
0.59 p/h
|
|
|
|
In close proximity
|
0.48 p/h
|
|
10
|
25.12
|
Materials containing asbestos
|
0.59 p/h
|
|
11
|
25.13
|
Furnace Work
|
1.26 p/h
|
|
12
|
25.14
|
Acid Work
|
1.26 p/h
|
|
13
|
25.16
|
Cleaning down brickwork
|
0.43 p/h
|
|
14
|
25.17
|
Bagging
|
0.43 p/h
|
|
15
|
25.18
|
Bitumen Work
|
0.59 p/h
|
|
16
|
25.19
|
Plaster or composition spray
|
0.48 p/h
|
|
17
|
25.20
|
Slushing
|
0.48 p/h
|
|
18
|
25.21
|
Dry polishing of tiles
|
0.59 p/h
|
|
19
|
25.22
|
Cutting tiles
|
0.59 p/h
|
|
20
|
25.23
|
Second hand timber
|
1.87 p/d
|
|
21
|
25.24
|
Roof repairs -Employees other than slaters and roof tilers
|
0.59 p/h
|
|
22
|
25.24(i)
|
Roof Repairs - Slaters and roof tilers
|
|
|
|
|
Height over 15 metres
|
0.43 p/h
|
|
|
25.24(ii)
|
35° pitch
|
0.59 p/h
|
|
|
|
40° pitch
|
0.86 p/h
|
|
23
|
25.25
|
Computing quantities
|
3.45 p/d
|
|
24
|
25.26
|
Height work - painting tradespersons
|
0.43 p/h
|
|
25
|
25.27
|
Height work - bridge and wharf carpenters
|
|
|
|
|
8 metres from ground, deck, etc.
|
0.48 p/h
|
|
|
|
Each additional 3 metres
|
0.10 p/h
|
|
26
|
25.28
|
Grindstone Allowance
|
5.07 p/w
|
|
27
|
25.31
|
Certificate Allowance
|
0.48 p/h
|
|
28
|
25.32
|
Spray Application - painters
|
0.48 p/h
|
|
29
|
25.33
|
Cutting bricks
|
0.59 p/h
|
|
30
|
25.34(a)
|
District Allowances
|
|
|
|
|
Districts west and north
|
0.70 p/d
|
|
|
|
Western Division
|
1.15 p/d
|
|
31
|
25.34(b)
|
District Allowances
|
|
|
|
|
NSW border to Dalgety
|
1.15 p/d
|
|
32
|
25.34(c)
|
District Allowances
|
|
|
|
|
Road and bridge construction and repair
|
0.36 p/d
|
|
33
|
25.35
|
Pneumatic tools - stonemason
|
2.59 p/d
|
|
34
|
25.36
|
Asbestos Eradication
|
1.59 p/h
|
|
35
|
25.37
|
Laser safety officer
|
1.97 p/d
|
|
36
|
25.38
|
Illawarra road and general construction
|
0.48 p/h
|
|
37
|
25.39
|
Suspended Perimeter Work Platform
|
0.73 p/h
|
|
38
|
25.40
|
Labourers on refractory brickwork
|
3.55 per
|
|
|
|
|
call back
|
|
39
|
25.41
|
First Aid Allowances
|
|
|
|
|
Minimum qualification
|
2.03 p/d
|
|
|
|
Higher qualification
|
3.19 p/d
|
15. This variation
shall take effect from the beginning of the first pay period to commence on or
after 10 July 2004.
T. M. KAVANAGH J.
____________________
Printed by the
authority of the Industrial Registrar.