PLANT, &c., OPERATORS ON CONSTRUCTION (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1640 of 2004 )
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Before Mr Deputy President
Sams
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26 May 2004
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REVIEWED AWARD
1. Delete clause
42, Leave Reserved, of clause 1, Arrangement, of the award published 16
November 2001 (329 I.G. 625), and renumber existing clauses accordingly.
2. Delete paragraph
(c) of subclause (v) of clause 9, Contract of Employment, and insert in lieu
thereof the following:
(c) Unless
specifically provided by the clauses referred to above, part-time employment
shall be in accordance with the provisions of this award which shall apply pro
rata.
3. Delete the
reference "clause 17" in paragraph 11.2.7 of clause 11, Hours, Day
Workers, and insert in lieu thereof the following:
"clause 16"
4. Delete the
reference "clause 18" in paragraph 11.2.9 of clause 11, and insert in
lieu thereof the following:
"clause 17"
5. Delete the
reference "paragraph 7(i)(c)(4)" in subclause (iii) of clause 12,
Hours of Work - Part-time Employment, and insert in lieu thereof the following:
"paragraph 9(v)(c)"
6. Delete subclause
(iv) of clause 12, and insert in lieu thereof the following:
(iv) The actual
ordinary hours of part-time work shall be arranged or varied as applicable by
mutual agreement between the employer and the employee from time to time.
7. Delete the reference
"Item 9" in subclause (iv) of clause 17, Weekend Work, and insert in
lieu thereof the following:
"Item 8"
8. Delete clause
23, Long Service Leave, and insert in lieu thereof the following:
23. Long Service
Leave
See Long Service Leave Act 1955 and where applicable,
the Building and Construction Industry Long Service Payments Act
1986.
9. Delete the
reference "clause 8" in subclause (iii) of clause 31, Fares and
Travel Pattern Allowance, and insert in lieu thereof the following:
"clause 34"
10. Delete
subclause (xviii) of clause 34, Camping Area, and insert in lieu thereof the
following:
(xviii) Where an
employee is required to camp either by direction of the employer or because no
reasonable transport facilities are available to the employee to proceed to and
from home each day shall be paid the camping allowance prescribed in the
General Construction and Maintenance, Civil and Mechanical Engineering &c.,
(State) Award, as varied from time to time, or by any award replacing the said award.
11. Delete the
reference "clause 8 and clause 9" in subclause (iii) of clause 35,
Caravan Allowance, and insert in lieu thereof the following:
"clause 33 and clause 34"
12. Delete the
reference "Item 20 and Item 21" in subclause (i) and (ii) of clause 37,
Distant Place Allowance, and insert in lieu thereof the following:
"Item 18 and Item 19"
13. Delete the
reference "The Occupational Health and Safety Regulation 2000" in
subclause (x) of clause 38, Miscellaneous, and insert in lieu thereof the following:
"The Occupational Health and Safety Regulation
2001"
14. Delete the
reference "Item 18 and Item 19" in section (A) and (B) of paragraph
(c) of clause 38, and insert in lieu thereof the following:
"Item 20 and Item 21"
15. Delete
paragraph (d) of subclause (xi) of clause 38, and insert in lieu thereof the
following:
(d) Each employee
engaged in carrying out such work shall during the time he/she is so engaged be
paid the amount as set out in Item 22 of Table 2 per hour.
16. Delete the
reference "clause 14" in subclause (j) of clause 40, Trade Union
Training Leave, and insert in lieu thereof the following:
"clause 19"
17. Delete clause
42, Leave Reserved, and renumber existing clauses accordingly.
18. Delete
subclause (i) of clause 43, Settlement of Disputes, and insert in lieu thereof
the following:
(i) Where a
dispute arises at a particular job location which cannot be resolved between
the worker or his/her representatives and the supervising staff, it shall be
referred to the Industrial Officer or other officer nominated by the employer
who will then arrange for the matter to be discussed with the Union or Unions
concerned.
19. Delete
subclause (iv) of clause 45, Area, Incidence and Duration and insert in lieu
thereof the following:
(iv) The changes
made to the award pursuant to the Award Review under section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 26 May 2004.
20. Delete Table
2, Other Rates and Allowances, and insert in lieu thereof the following:
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Item
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Clause
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Brief Description
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Amount
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1
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5(iii)
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Operator in charge of plant
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$12.77 per week
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2
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5(iv)(a)
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Industry allowance
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$20.40 per week
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4
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5(iv)(c)
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Employees engaged in waste disposal depots
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$0.95 per hour
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5
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5(viii)
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Leading hands -
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In charge of more than 2 and up to 5
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Employees
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$18.00 per week
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In charge of more than 5 and up to 10 Employees
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$25.40 per week
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In charge of more than 10 employees
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$32.40 per week
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6
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5(ix)
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Special Allowance - Employees within A.I. & S,
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|
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Port Kembla
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$0.72 per hour
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7
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5(x)
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Employees involved in road construction
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work in the Illawarra region near coal wash
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$0.46 per hour
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8
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14(ii)
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Meal Allowance
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$9.90 per meal
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each subsequent meal
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$8.10 per meal
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9
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5(2)
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Floating/Mobile/other cranes for every 5 tonnes
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in excess of 20 tonnes
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$1.73
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10
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31(i)(a)
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Excess Fares Per Day
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$13.30
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Small Fares Per Day
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$5.10
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31(i)(b)
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Travel Pattern Loading Per Week
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$7.25
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11
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31(iv)(a)
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Travel in excess of 40 kilometres from the
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depot - payment per kilometre
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$0.73 per km
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Minimum Payment
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$13.30 per day
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31(iv)(b)
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Use of Own Vehicle
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$0.73 per km
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31(iv)(c)
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Road Escort - Own Vehicle
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$0.73 per km
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31(iv)(d)
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Transfer - One job to another Own Vehicle
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$0.73 per km
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12
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31(v)
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Carrying of Fuels of Oils and/or grease
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$7.70 per day
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13
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33(iii)(a)
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Country Work Allowance
- Unbroken Week
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$338.60 per week
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33(iii)(b)
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Broken Week
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$48.40 per day
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14
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33(iii)(c)(i)
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Travel Allowance - Weekend Return
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$27.10 per
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occasion
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15
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33(v)
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Meal Allowance whilst travelling
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$9.90 per meal
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16
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34(xv)(a)
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Camping Area - Weekend return
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$27.10 per
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occasion
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17
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35(ii)
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Caravan Allowance
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Unbroken Week
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158.10 per week
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Broken Week
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22.60 per day
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18
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37(i)
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Employees working in the west and north districts
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of the state and Employees working in the western
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division of the state
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1.27 per day
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19
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37(ii)
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Employees working in the southern districts of the
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state
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1.27 per day
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20
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38(x)(c)(v)(A)
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First-aid Allowance
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1.96 per day
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21
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38(x)(c)(v)(B)
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First-aid Allowance
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3.08 per day
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22
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38(xi)(d)
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Employee engaged in lime work
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0.34 per hour
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21. This variation
shall take effect on and from 26 May 2004 and shall remain in force for a
period of 12 months.
P. J. SAMS D.P.
____________________
Printed by
the authority of the Industrial Registrar.