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This award remains in force until varied or rescinded,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award rescinded and replaced: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.