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New South Wales Industrial Relations Commission
(Industrial Gazette)





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BUILDING EMPLOYEES MIXED INDUSTRIES (STATE) AWARD
  
Date05/13/2005
Volume350
Part5
Page No.1177
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C3282
CategoryAward
Award Code 058  
Date Posted05/12/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(058)

SERIAL C3282

 

BUILDING EMPLOYEES MIXED INDUSTRIES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4626 of 2004)

 

Before Mr Deputy President Sams

21 October 2004

 

REVIEWED AWARD

 

1.          Delete the word "tradesman" in paragraph 4.2.2 of clause 4, Definitions, of the award published 16 November 2001 (329 I.G. 577) and insert in lieu thereof the following:

 

tradespersons

 

2.          Delete subclause 5.1 of clause 5, Area, Incidence and Duration, and insert in lieu thereof the following:

 

5.1        Award Reviews

 

5.1.1     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 21 October 2004.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

5.1.2     This award was also reviewed on 10 August 2001 pursuant to section 19 of the Industrial Relations Act 1996.  The reviewed award rescinded and replaced:

 

Building Employee Mixed Industries - 1996 Wages Adjustment (State) Award published 18 April 1997 (297 I.G. 1055) as varied;

 

Building Employee Mixed Industries Redundancy (State) Award published 7 July 1995 (286 I.G. 690) as varied;

 

Building Employee Mixed Industries Trade Union Training Leave (State) Award published 25 August 1995 (287 I.G. 587) as varied; and

 

Building Employees Mixed Industries (State) Award published 11 June 1993 (275 I.G. 418) as varied.

 

3.          Delete subclause 15.1 of clause 15, Overtime, and insert in lieu thereof the following:

 

15.1      Rate of Overtime

 

15.1.1               Except as provided in clause 13, Saturday, Sunday and Holiday Pay, all time worked outside the ordinary working hours, as defined in clause 11, Hours of Work, shall be paid at the rate of time and a half for the first two hours and double time thereafter.

 

4.          Delete the reference to subclause 16.4 in paragraph 15.5.4 of the said clause 15 and insert in lieu thereof the following:

 

subclause 15.4

 

5.          Delete the reference to clause 5, Overtime, in section 16.2.1(v)(1) of clause 16, Wages, and insert in lieu thereof the following:

 

clause 15, Overtime

 

6.          Delete the word "journeyman" wherever it appears in subclause 16.2 of the said clause 16 and insert in lieu thereof the following:

 

journeyperson

 

7.          Delete the reference to clause 9 in paragraph 22.2.5 of clause 22, Living Away from Home - Distant Work, and insert in lieu thereof the following:

 

clause 8

 

8.          Delete section 22.4.1(b)(i) of the said clause 22 and insert in lieu thereof the following:

 

(i)         An employee shall, for the return journey, receive the same time, fares and meal payments as provided in subparagraph (a) of this paragraph, together with an amount set out in Item 53 of Table 2 - Allowances, of Part B, Monetary Rates,  to cover the cost of transporting himself and their tools from the main transport terminal to their usual place of residence.

 

9.          Delete section 22.4.1(c)(i) of the said clause 22 and insert in lieu thereof the following:

 

(i)         For the purposes of this clause, travelling time shall be calculated as the time taken for the journey from the Central or Regional rail, bus or air terminal nearest the employee's usual place of residence to the locality of the work.

 

10.        Delete subclause 23.3 of clause 23, Payment of Wages, and insert in lieu thereof the following:

 

23.3      Alternative Method of Payment

 

(a)        Provided that, in the case of an employee who prior to the making of this award was paid by a method different from that provided for in this clause, such method shall continue.

 

(b)        Provided further that, where the employer and the majority of employees concerned agree, an alternative method of paying wages to that provided in this clause may be introduced.

 

11.        Delete the reference to clause 33, Sick Leave, in subparagraph 26.2.2(a) of clause 26, Tools and Clothing, and insert in lieu thereof the following:

 

clause 30, Sick Leave

 

12.        Delete paragraph 30.1.2 of clause 30, Sick Leave, and insert in lieu thereof the following:

 

30.1.2               This clause shall not apply to Plumber and Gasfitters or Painters paid pursuant to subparagraphs 16.2.1(a) or 16.3.1(a) of clause 16, Wages.

 

13.        Delete the references to paragraph 39.2.1(a) in subparagraphs 38.2.2(a) and 38.2.2(b) of clause 38, Redundancy, and insert in lieu thereof the following:

 

subparagraph 38.2.1(a) of this subclause

14.        Delete the references to paragraph 39.2.1(a) in subparagraphs 38.3.1(a), 38.4.1(a) and 38.4.2(a) of the said clause 38 and insert in lieu thereof the following:

 

subparagraph 38.2.1(a) of this clause

 

15.        Delete the reference to 39.2 in paragraph 38.4.2 of the said clause 38 and insert in lieu thereof the following:

 

subclause 38.2 of this clause

 

16.        Delete the reference to subclause 39.4 in paragraph 38.5.1 of the said clause 38 and insert in lieu thereof the following:

 

subclause 38.4 of this clause

 

17.        Delete the reference to clause 19, Leading Hands, in subparagraph 38.5.1(c) of the said clause 38 and insert in lieu thereof the following:

 

clause 18, Leading Hands

 

18.        Delete the references to paragraph 39.5.1 in subparagraphs 38.5.2(a) and 38.5.2(b) and paragraph 38.5.3 of the said clause 38 and insert in lieu thereof the following:

 

paragraph 38.5.1 of this subclause

 

 

 

P. J. SAMS  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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