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New South Wales Industrial Relations Commission
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BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD
  
Date10/29/2004
Volume347
Part4
Page No.
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C2999
CategoryAward
Award Code 001  
Date Posted10/28/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(001)

SERIAL C2999

 

BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 4645 of 2003)

 

Before Mr Deputy President Sams

26 May 2004

 

REVIEWED AWARD

 

1.          Insert after subclause 4.28 of clause 4, Classification Definitions, of the award published 31 August 2001 (327 I.G. 279), the following new subclause:

 

4.29      Continuous Service - For the purposes of this award service shall be deemed to be continuous notwithstanding an employee's absence from work for any of the following reasons:

 

4.29.1               annual leave, other leave (in accordance with clause 33 of this award) or parental leave;

 

4.29.2               illness or accident up to a maximum of four weeks after the expiration of paid sick leave;

 

4.29.3               jury service;

 

4.29.4               injury received during the course of employment and up to a maximum of 26 weeks for which the employee received worker's compensation;

 

4.29.5               where called up for military service for up to three months in any qualifying period;

 

4.29.6               long service leave;

 

4.29.7               any reason satisfactory to the employer or in the event of a dispute, as determined in accordance with the dispute resolution procedures.  Provided that the reason shall not be deemed satisfactory unless the employee has informed the employer within 24 hours of the time when the employee was due to attend for work, or as soon as practicable thereafter, of the reason for the absence and probable duration.

 

2.          Insert after subclause 6.5 of clause 6, Area, Incidence and Duration the following new subclause:

 

6.6        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.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

3.          Delete subclause 12.6 and 12.7 of clause 12, Employer and Employee Duties, and insert in lieu thereof the following:

 

12.6      Amenities

 

12.6.1               The terms of the WorkCover NSW Code of Practice: Amenities for Construction Work in relation to toilets and drinking water shall apply as a term of this award.

 

12.6.2               The terms of the WorkCover NSW Code of Practice: Amenities for Construction Work in relation to Change rooms shall apply as a term of this award:

 

(a)        there is a total of fifteen employees of all trades, whether under this award or otherwise employed at the one time; and

 

(b)       the job has been or will be of two months duration or longer.

 

12.7      First-Aid Equipment

 

The employer shall as soon as is reasonably possible supply means, free of charge, to convey to the nearest hospital or doctor at which, or by whom, the employee is to be treated, any employee so seriously injured that it is not reasonably possible for such employee to travel independently of such conveyance.

 

The relevant first-aid provisions of the Occupational Health and Safety Regulation 2001 under the Occupational Health and Safety Act 2000 which prescribes that a first-aid kit with specified contents shall be provided and maintained by the employer on each job, shall be a term of this award.

 

4.          Delete subclause 16.2 of clause 16, Redundancy, and insert in lieu thereof the following:

 

16.2      Redundancy Pay: A redundant employee shall receive redundancy/severance payments, calculated as follows, in respect of all continuous service (as defined by this award) with their employer.

 

5.          Delete paragraph (iii) of subclause 25.35 of clause 25 Special Rates, and insert in lieu thereof the following:

 

(iii)       Control - the provision of Australian Standards AS/NZS2211.1:2004 AND AS2397-1993, both as varied from time to time, shall be observed where laser equipment is in use.  Provided that should regulations covering laser safety be introduced a party to this award may make application to vary this award to comprehend such Regulations.

 

6.          Delete the reference "32.6" from subclause 32.5 of clause 32, Annual Leave, and insert in lieu thereof the following:

 

"4.29"

 

7.          Delete subclause 32.6 of clause 32, and insert in lieu thereof the following:

 

32.6      Calculation of continuous service (see clause 4, Classification Definitions of this award).

 

8.          Delete the words "continuous employment" from subparagraph (c) of subclause 33.1 of clause 33, Other Leave, and insert in lieu thereof the following:

 

"continuous service (as defined by this award)"

 

9.          Delete the first paragraph in clause 39, Special Provisions Relating to Apprentices, and insert in lieu thereof the following:

 

Occupational Health and Safety Regulation 2001 under the Occupational Health and Safety Act 2000 imposes manual handling obligations on employers.  The National Standard for Manual Handling, published in February 1990, is the subject of a declaration by the National Occupational Health and Safety Commission under section 38(1) of the National Occupational Health and Safety Commission Act 1985 of the Commonwealth.  The National Standard for Manual Handling (NOHSC:101(1990)) and the National Code of Practice: Manual Handling (NOHSC:2005)(1990)) prescribes methods of safe manual handling.

 

10.        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.

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