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This award remains in force until varied or rescinded,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.