State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)





spacer image spacer image

BUILDING CRANE DRIVERS (STATE) AWARD
  
Date04/22/2005
Volume350
Part2
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C3358
CategoryAward
Award Code 084  
Date Posted04/21/2005

spacer image spacer image

spacer image Click to download*
spacer image
BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(084)

SERIAL C3358

 

BUILDING CRANE DRIVERS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4625 of 2004)

 

Before Mr Deputy President Sams

9 November 2004

 

REVIEWED AWARD

 

Part A

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Anti Discrimination

3.         No Extra Claims

4.         Rates of Pay

5.         Payment of wages

6.         Forms of employment

7.         Hours

8.         Overtime, Saturday, Sunday & Public Holidays

9.         Shift Work

10.       Fares and Travel Allowance

11.       Living Away from Home

12.       Allowances

13.       Annual Leave

14.       Sick Leave

15.       Carer’s Leave

16.       Bereavement Leave

17.       Parental Leave

18.       Trade Union Training Leave

19.       Jury Service

20.       Holidays

21.       Union Picnic Day

22.       Termination of Employment

23.       Redundancy

24.       Settlement of Disputes

25.       Miscellaneous

26.       Leave Reserved

27.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

2.  Anti Discrimination

 

(i)         It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(ii)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(iii)       Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(v)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTES

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

3.  No Extra Claims

 

It is a term of this award (arising from the decision of the Industrial Commission in Court Session in the State Wage Case of 29 May 1991) that the union(s) undertake(s), for the duration of the principles determined by that decision, not to pursue any extra claims, award or overaward, except when consistent with those principles.

 

4.  Rates of Pay

 

(i)         The minimum rates of payment for the classification shown in Table1 - Wages, of Part B, Monetary Rates, shall be ascertained by adding to the basic rate and the safety net adjustment as set out in the said Table 1. The basic rate is made up of the old adult basic wage and the former margin per week

 

(ii)        The rates of pay in this award include the State Wage Case - May 2004 adjustment as set out in Table 1 - Wages, of Part B, Monetary Rates, payable under the State Wage Case - May 2004 decision. This adjustment may be offset against:

 

(A)       any equivalent overaward payments, and/or

(B)       award wage increases since 29 May 1991 other than safety net adjustments and minimum rates adjustments.

 

5.  Payment of Wages

 

(i)         Wages shall be paid weekly. Where an employer and an employee agree, the employee may be paid their wages by cheque or electronic funds transfer. An employee who by fault of the employer is kept waiting for their wages on pay day for more than six minutes after the usual finishing time for ceasing work, shall be paid at overtime rates after that six minutes until such time as the wages are paid.

 

(ii)        On the first pay day occurring during his employment, an employee shall be paid whatever wages are due to them up to the completion of their work on the previous day; provided that this subclause shall not apply to employers who make a practice of allowing advances to employees approximating wages due.

 

(iii)       Upon termination of the employment, wages due to an employee shall be paid to them on the day of termination.

 

6.  Forms of Employment

 

(i)         For full time employees engaged under this award employment shall be by the week. An employee to become entitled to payment on a weekly basis shall perform such work as the employer shall from time to time require on the days and during the hours usually worked.

 

(ii)        An employee not attending for duty shall, except as provided by clause 14, Sick Leave, of this award, lose their pay for the actual time of such non-attendance.

 

(iii)       Employment shall be terminated by a week's notice on either side, such notice to be given at any time during the week or by the payment or forfeiture of a week's wages as the case may be.  This shall not affect the right of the employer to dismiss any employee without notice for malingering, neglect of duty or misconduct, and in such cases wages shall be paid up to the time of dismissal only.  An employee who cannot be usefully employed because of any strike shall be entitled to a week's notice or the payment of one week's pay in the event of the employer standing the employee down. Where an employer orders employees not to work on any day because of the state of the weather such order shall not deprive the employee of a claim for payment under the weekly engagement.

 

(iv)       Part-time Employment - An employer and an employee may agree for the employee to work on a part-time basis.  Any agreement of this nature shall be in accordance with Part 5 of Chapter 2 of the Industrial Relations Act 1996.

 

(v)        Casual Employment- A casual employee shall be paid per hour an amount equal to one and one-fifth of the weekly rate prescribed in clause 4, Rates of Pay, of this award. (a casual employee means an employee who is dismissed or refused work without any fault of their own before the expiration of six days from the date he commences work.)

 

7.  Hours

 

(i)         Except as provided elsewhere in this award, the ordinary working hours shall be 38 per week worked in accordance with the following provisions for a four week work cycle:

 

(a)        The ordinary working hours shall be worked as a 19 day four week cycle of eight hours each on Monday to Friday inclusive, between the hours of 7.00 a.m. and 6.00 p.m., with .4 of one hour of each day worked accruing as an entitlement to take the fourth Monday in each cycle as a day off paid for as though worked: Provided that by agreement in writing between an employer and the employees, an alternate day in the four week cycle may be substituted for the fourth Monday as the day off paid as though worked, and where such agreement is reached all provisions of this award shall apply as if such day was the prescribed fourth Monday:  Provided further that where such agreement is reached, the procedures applying to agreements on alteration of meal breaks as prescribed in paragraphs (a), (b), (c) and (d) of subclause (iv), Variations of Meal Breaks, of this clause shall apply.

 

(b)        Where such fourth Monday or agreed rostered day prescribed by paragraph (a) of this subclause falls on a public holiday as prescribed in clause 20, Holidays, of this award, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four week cycle or the next is agreed in writing between the employer and the employee.

 

(c)        Each day of paid leave taken and any public holiday occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

(d)        An employee who has not worked, or is not regarded by reason of paragraph (c) of this subclause as having worked, a complete 19 day four week cycle shall receive pro rata accrued entitlements for each day worked or regarded as having been worked in such cycle, payable for the rostered day off or, in the case of termination of employment, on termination.

 

(e)        The accrued rostered day prescribed in paragraphs (a) and (b) of this subclause shall be taken as a paid day off provided that the day may be worked where that is required by the employer and such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project.  In which case, in addition to accrued entitlements the employee shall be paid as prescribed for Saturday work in clause 8, Overtime, of this award.

 

(f)         Provided that the above entitlement to payment for a rostered day off shall not apply to an employee working under a part time work arrangement pursuant to subclause 6 (iv) of this award; where the agreement specifies that the employee is paid for actual hours worked.

 

(ii)        Meal Break - There shall be a cessation of work and of working time, for the purpose of a meal on each day, of not less than 45 minutes, to be taken between noon and 1.00 p.m.

 

(iii)       Early Start - Provided that by agreement between the employer, the employees and the union, the working day being at 6.00 a.m. or at any other time between that hour and 8.00 a.m. and the working time shall then begin to run from the time so fixed, with a consequential adjustment to the meal cessation period.

 

(iv)       Variation of Meal Breaks - Provided further that where, because of the area of location of a project, the majority of on site employees on the said project request, and the Site Management agrees to the request, the period of the meal break may be shortened to not less than thirty minutes with a consequential adjustment to the daily time of cessation of work, subject to the following procedure being observed:

 

(a)        The employer shall, within 24 hours from when he reaches agreement with the employees, notify by letter or facsimile, the unions registered to represent all the occupations working on the site (and who have reached agreement with the employer) of the site decision to vary the meal break.

 

(b)        A period of 5 ordinary working days shall be allowed to pass from the day on which the employer informs the unions, before the agreement is implemented.

 

(c)        Such an agreement shall be put into effect after passage of the 5 days' period of notice unless a party to the award with membership involved in the agreement refers the matter to the Industrial Commission of New South Wales in which event the agreement will not be implemented until a decision is made by the Commission or a further period of 5 ordinary working days has passed, whichever is the shorter.

 

(d)        There shall be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 a.m. and 11.00 a.m. or at such earlier time as may be mutually agreed upon.

 

8.  Overtime, Saturday, Sunday & Public Holidays

 

(i)         For all time worked on week days, Monday to Friday, outside the hours prescribed in clause 7, Hours of Work, overtime shall be paid at the rate of time and one half for the first two hours and double time thereafter.  Overtime worked on a Saturday shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

 

(ii)        For all work done by a shift worker outside the ordinary hours of their shift, overtime rates shall be paid for at the rate of double time.

 

(iii)       An employee required to work overtime for at least one and one-half hours without being notified on the preceding day shall be paid by the employer as set out in Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, to meet the cost of a meal; provided that this clause shall not apply to an employee who is provided with reasonable board and lodging, or is receiving a distant job allowance in lieu thereof, as provided for in clause 11, Living Away From Home Allowance, of the parent award, and is provided with a suitable meal.

 

(iv)       When the period of overtime is two hours or more an employee shall be allowed a twenty minute meal break which shall be paid for at ordinary rates.

 

(v)        When overtime is worked it shall, wherever reasonably practicable, be so arranged that the employee has at least ten consecutive hours off duty between the work of successive days.  An employee who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until such employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.  If, on the instructions of the employer such employee resumes or continues working without having had such ten consecutive hours off duty, the employee shall be paid at double rates until he is released from duty for such period, and then shall be entitled to be absent until the employee has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(vi)       An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) or a day worker required to work overtime on a Saturday, shall be paid for a minimum of four hours' work at the appropriate rate for each time the employee is so recalled; provided that except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job he was recalled to perform is completed within a shorter period.

 

(vii)      An employee occasionally required to hold themself in readiness either at their home, their place of work or elsewhere, to work before or after ordinary hours or on a Saturday which is not an ordinary working day, or on a Sunday or holiday, shall be paid standing-by time at his ordinary rate of wages for the time from which the employee is told to hold themself in readiness until released.

 

(viii)

 

(a)        Employees who are required to work in inclement weather to complete a concrete pour to a practical stage shall be paid the rate of double time calculated to the next hour for the time so worked.

 

(b)        Except as provided in this subclause an employee shall not work or be required to work in the rain.

 

(c)        An employee shall be entitled to be paid for all time worked on a Sunday at the rate of double time, and in respect to time worked on a public holiday at the rate of two and one-half times the ordinary rate of pay prescribed in clause 4, Rates of Pay, of this award.

 

9.  Shift Work

 

(i)         If two shifts are worked they shall be worked between the hours of 6.00 a.m. and midnight or between the hours to be fixed by agreement between the employer and the majority of employees concerned.

 

(ii)        Employees shall be paid at the rate of time and one-half when working on the afternoon and night shift on either a two- or three-shift system.

 

(iii)       When working shifts exceed four hours, crib time amounting to twenty minutes shall be allowed and shall be paid for on each shift.

 

(iv)       No shift shall be worked on a Saturday or Sunday except at overtime rates.

 

(v)        Notwithstanding anything elsewhere contained in this clause, where employees are required to work on a shift, not worked on a two- or three-shift system, which commences at or after 8.00 p.m. and which finishes at or before 6.00 a.m., such shift shall be of no longer duration than eight hours and shall be paid for at the rate of time and one-half.  All time worked in excess of eight hours on such shift shall be paid for at the rate of double time. The calculation of such overtime shall be on the basis of each complete unbroken period of overtime.

 

(vi)       No employee who is employed during ordinary working hours shall be employed on afternoon or night shifts except at overtime rates.

 

10.  Fares and Travel Pattern Allowance

 

A         The following fares and travel patterns allowance shall be paid to employees other than apprentices for travel patterns and costs peculiar to the industry which include mobility requirements on employees and the nature of employment on construction work.

 

(i)         When employed on work located within the county of Cumberland, county of Northumberland or county of Camden - an amount set out in Table 2 per day.

 

(ii)        When employed on work located within a radius of 50 kilometres from the principle post office in the cities of Penrith, Newcastle, or Campbelltown, and the employers business or branch (other than a construction site) is established in such cities - an amount set out in Table 2 per day.

 

(iii)       Provided that the allowance shall not be payable to an employee whose regular place of employment is a carpentry or joinery shop or painting shop or signwriting shop, except when an employee is required to commence work away from the regular place of employment.

 

B          Distant jobs

 

The allowances prescribed in 10A hereof shall be paid to employees employed on a distant job, when the work is performed within a 50 kilometre radius from the place where, with the employer’s approval, the employee is accommodated for the distant job.

 

C          Country radial areas

 

(i)         An employer whose business or branch or section thereof (for the purpose of engagement) is established in any place (other than on a construction site) outside the areas mentioned in 10A hereof, shall pay their employees the allowances prescribed in 10A hereof for work located within a radius of 50 kilometres from the post office nearest the establishment.

 

(ii)        Where the employer has an establishment in more than one such place, the establishment nearest the employee’s nominated address shall be used, and employees shall be entitled to the provisions of 10D hereof when travelling to a job outside such radial area.

 

D          Travelling outside radial areas

 

(i)         Where an employee travels daily from inside any radial or county area mentioned in 10A, 10B and 10C hereof to a job outside that area, the employee shall be paid:

 

(a)        the allowance prescribed in 10A, 10B and 10C hereof;

 

(b)       in respect of travel from the designated boundary to the job and return to that boundary:

 

the time outside ordinary working hours reasonably spent in such travel, calculated at ordinary hourly "on site" rates to the next quarter of an hour with a minimum payment of one half an hour per day for each return journey;

 

any expenses necessarily and reasonably incurred in such travel, which shall be an amount set out in Table 2 per kilometre where the employee uses their own vehicle.

 

E          Residing outside radial areas

 

An employee whose residence is outside the radial areas prescribed herein shall be entitled to the provisions of 10D(a) hereof, but not 10D(b) hereof.

 

F          Travelling between radial areas

 

(i)         The provisions of 10D hereof shall apply to an employee who is required by the employer to travel daily from one of those areas mentioned in 10A and 10C hereof to an area, or another area, mentioned in 10A or 10C hereof.

 

(ii)        Provided that employees in New South Wales who are travelling between radial areas shall not receive any payments for time and expenses as prescribed in 10D(b) hereof unless the employer directs that the employee does so travel as a specific condition of employment.

 

G          Provision of transport

 

(i)         Subject to 10G(ii), 10G(iii) and 10G(iv) hereof the allowance prescribed in this clause, (except the additional payment prescribed in 10D and 10E hereof) shall not be payable on any day on which the employer provides or offers to provide transport free of charge from the employee’s home to the place of work and return.

 

(ii)        The allowance prescribed in this clause shall be payable on any day for which the employer provides a vehicle free of charge to the employee and the employee is required by the employer to drive such vehicle from the employee’s home to the place of work and return.

 

(iii)       Time spent by an employee travelling from the employee’s home to the place of work and return outside ordinary hours shall not be regarded as time worked for any purpose of this award and no travelling time payment shall be made except to the extent provided in and in accordance with 10D and 10E hereof and 37.4 and 29.2 of this award.

 

(iv)       Provided that 10G(ii) and 10G(iii) hereof shall have no application in the case of an employee directed by the employer to pick up and/or return other employees to their homes. Such an employee shall be paid as though the time taken was worked, but no allowance shall be paid.

 

H          Requirements to transfer

 

As required by the employer, employees shall start and cease work on the job at the usual commencing and finishing times within which ordinary hours may be worked and shall transfer from site to site as directed by the employer.

 

I           Transfer during working hours

 

(i)         An employee transferred from one site to another during working hours shall be paid for the time occupied in travelling and, unless transported by the employer, shall be paid reasonable cost of fares by the most convenient public transport between such sites.

 

(ii)        Provided that where an employee agrees to their employer’s request to use the employee’s own car for such a transfer, the employee shall be paid an allowance at an amount set out in Table 2 per kilometre.

 

J           Daily entitlement

 

(i)         The travelling allowances prescribed in this clause shall not be taken in to account in calculating overtime, penalty rates, annual or sick leave, but shall be payable for any day upon which the employee in accordance with the employer’s requirements works or reports for work or allocation of work and for the rostered day off as prescribed in this award.  The allowances shall however be taken into account when calculating the annual leave loading.

 

(ii)        Subject to the foregoing provisions a fare shall be deemed to have been incurred if the employee has used a bicycle or other means of locomotion or has walked instead of using a public conveyance.

 

K          New South Wales fares and district boundaries

 

The boundaries for the purposes of 1OA hereof are as follows:

 

(i)         Boundary of the County of Cumberland

 

Pacific Ocean, Hawkesbury River, Nepean River, Cataract River, Cataract Creek and Woodlands Creek.

 

(ii)        Boundary of the County of Camden

 

Woodlands Creek, Cataract Creek, Cataract River, Nepean River, Warragamba River, Wollondilly River, Uringalla Creek, Joarimina Creek, Shoalhaven River and Pacific Ocean.

 

(iii)       Boundaries of the Counties of Northumberland and Camden and Cumberland

 

The areas bounded by the intersecting points of the Pacific Ocean, Hunter River (including Fullerton Cove and the North Channel), Wollombi Brook, Parsons Creek, Darkey Creek, Howes Valley Creek, Macdonald River, Hawkesbury River, Nepean River, Warragamba River, Wollondilly River, Uringalla Creek, Barkers Creek, Joarimina Creek, and the Shoalhaven River.

 

L          Apprentices

 

(i)         The following fares allowance and travelling allowance shall apply to carpenters’, joiners’, bricklayers’, painters’, plasterers’, slaters’, roof tilers’, stonemasons’ and tile layers’ apprentices employed under the terms and conditions of this award for travel patterns and costs peculiar to the industry, which include mobility requirements on employees and the nature of employment on construction work:

 

When employed on work located within the counties of Cumberland, Northumberland or Camden - an amount set out in Table 2.

 

(ii)        Apprentices at a Master Builders’ Association of New South Wales off-the-job training school shall not be paid any allowance in accordance with this clause unless such an apprentice is required to commence work away from the regular training school.

 

(iii)       Civil Engineering Carpenter apprentices shall receive the full entitlement as prescribed in 10A, 10B and 10C.

 

M.        Travelling Time Allowance

 

An allowance per week as set out in Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be paid by employers to employees to compensate for excess travelling time to and from places of work and particularly on the occasions when early starts of work are involved.  This allowance remains constant and is paid for all purposes of this award, excepting overtime.

 

11.  Living Away from Home Allowance

 

(i)         Qualification - An employee shall be entitled to the provisions of this clause when employed on a job or construction work at such a distance from their usual place of residence that they cannot reasonably return to that place each night.

 

(ii)        Employee's Address

 

(a)        The employer shall obtain and the applicant shall provide the employer with a statement in writing of their usual place of residence at the time the employee is engaged and no subsequent change of address shall entitle an employee to the provisions of this clause unless the employer agrees.

 

(b)        The employee shall inform the employer in writing of any subsequent change in their usual place of residence.

 

(c)        The address of the employee's usual place of residence and not the place of engagement shall determine the application of this clause.

 

(iii)       Entitlement - Where an employee qualifies under 11(i) above, the employer shall either -

 

(a)        provide the worker with reasonable board and lodging; or

 

(b)        pay an allowance per week of seven days as set out in Part B, Monetary Rates, but such allowance shall not be wages. In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job, the allowance shall be paid an allowance per day: as set out in the said item.  Provided that the foregoing allowances shall be increased if the employee satisfies the employer that he/she reasonably incurred a greater outlay than that prescribed. In the event of disagreement the matter may be referred to the Industrial Commission; or

 

(c)        in circumstances prescribed in 11(xi) provide camp accommodation and messing, constructed and maintained in accordance with 11(xiv).

 

"Reasonable board and lodging" shall mean lodging in a well kept establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating and with hot and cold running water, in either a single room or a twin room if a single room is not available.

 

(iv)       Travelling Expenses - An employee who is sent by their employer or selected or engaged by an employer or agent to go to a job which qualifies them to the provision of this clause shall not be entitled to any of the allowances prescribed by clause 10, of this award, for the period occupied in travelling from his/her usual place of residence to the distant job, but in lieu thereof shall be paid:

 

(v)        Forward Journey

 

(a)        For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities).

 

(b)        For the amount of a fare on the most common method of public transport to the job (bus; economy air; second class rail with sleeping berths if necessary, which may require a first class rail fare), and any excess payment due to transporting his tools if such is incurred.

 

(c)        For any meals incurred while travelling an allowance per meal as set out Table 2.

 

Provided that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues his/her employment within two weeks of commencing on the job and who does not forthwith return to his/her place of engagement.

 

(vi)       Return Journey - An employee shall, for the return journey, receive the same time, fares and meal payments as provided in 11(v)(a) above, together with an amount as set out in Table 2 to cover the cost of transporting themself and their tools from the main transport terminal to their usual place of residence.

 

(vii)      Provided that the above return journey payments shall not be paid if the employee terminates or discontinues their employment within two months of commencing on the job, or if the employee is dismissed for incompetence within one working week of commencing on the job, or is dismissed for misconduct.

 

(viii)     Departure Point - 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.

 

(ix)       Daily Fares Allowance - An employee engaged on a job which qualifies them to the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) shall be paid the allowance prescribed by clause 10, Fares and Travel Allowance covered by this award.

 

(x)        Weekend Return Home - When an employee returns home for a weekend or part of a weekend and does not absent themself from the job for any of the ordinary working hours inclusive of time worked for accrual purposes as prescribed in clause 7, Hours and clause 9, Shift Work, of this award no reduction of the allowances prescribed in 11(iii)(b) shall be made.

 

(xi)       Construction Camps

 

(a)        Camp Accommodation - Where an employee is engaged on the construction of projects which are located in areas where suitable board and lodging as defined in 11(iii) is not available, or where the size of the work force is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp, such camp shall be constructed and maintained in accordance with subclause 11(xiv).

 

(b)        Camping Allowance - An employee living in a construction camp where free messing is not provided shall receive a camping allowance as set out in Table 2 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee shall be paid per day as set out in the Table 2, including any Saturday or Sunday if the employee is in camp and available for work on the working days immediately preceding and succeeding each Saturday and Sunday. If an employee is absent without the employer's approval on any day, the allowance shall not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance shall not be payable for the Saturday and Sunday.

 

(c)        Camp Meal Charges - Where a charge is made for meals in a construction camp, such charge shall be fixed by agreement between the parties.

 

(xii)      Rest and Recreation

 

(a)        Rail or Road Travel - An employee who proceeds to a job which qualifies them to the provisions of this clause may, after two months' continuous service thereon and thereafter at three monthly periods of continuous service thereon, return to their usual place of residence at the weekend. If the employee does so, they shall be paid the amount of a bus or second class return railway fare to the bus or railway station nearest their usual place of residence on the pay day which immediately follows the date on which they return to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend: Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty-eight days after the expiration of any such period of two or three months as herein before mentioned, then the provisions of this subclause shall not be applicable.

 

(b)        Air Travel

 

Notwithstanding any other provisions contained in (a) above and in lieu of such provisions, the following conditions shall apply to an employee who qualifies under 11(i) above and where such construction work is located north of twenty-sixth parallel of south latitude in Western Australia or in any other area to which air transport is the only practicable means of travel an employee may return home after four months' continuous service and shall in such circumstances be entitled to two days' leave with pay in addition to the weekend.  Thereafter the employee may return to their usual place of residence after each further period of four months' continuous service, and in each case they shall be entitled to two days' leave of which one day shall be paid leave. Payment for leave and reimbursement for any economy airfare paid by the employee shall be made at the completion of the first pay period commencing after the date of return to the job: Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty-eight days after the expiration of any such period of four months as herein before mentioned, then the provisions of this paragraph shall not be applicable.

 

Remote areas of Western Australia: Employees on jobs north of latitude 26 degrees south or elsewhere in the State of Western Australia shall be entitled in accordance with this subclause  to travel to their usual place of residence, or Perth which ever is the closest to the job and return provided that reimbursement of air fare in no case shall exceed the economy air fare from the job to Perth and return: unless an employee has been sent by the employer, or selected or engaged by the employer or agent, to go to such job from a place which is a greater distance from the job than Perth and the employee returns to that place, in which event reimbursement shall include the return air fare for the greater distance.

 

(c)        Limitation of Entitlement - An employee shall be entitled to either paragraph (a) or paragraph (b) herein and such option shall be established by agreement as soon as practicable after commencing on distant work.  The entitlement shall be availed of as soon as reasonably practical after it becomes due and shall lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice shall lie with the employer).

 

(d)        Service Requirements - For the purpose of this subclause service shall be deemed to be continuous notwithstanding an employee's absence from work as prescribed in the clause or as prescribed in clause 13, Annual Leave, continuous service provisions, of this award.

 

(e)        Variable Return Home - In special circumstances, and by agreement with employer, return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual entitlements.

 

(f)         Non-Payment in Lieu - Payment of fares and leave with pay as provided for in this subclause shall not be made unless availed of by the employee.

 

(xiii)     Termination - An employee shall be entitled to notice of termination in sufficient time to arrange suitable transport at termination or shall be paid as if employed up to the end of the ordinary working day before transport is available.

 

(xiv)     Construction Camp Standards

 

Construction camps, as referred to in this clause, shall comply with the following standards:

 

(a)        The camp shall provide for accommodation in single rooms, of dimensions not less than 14 cubic metres per man and shall have a timber, aluminium or similar floor with floor covering provided. Each room shall be furnished with reasonable sleeping accommodation including a mattress, pillow and blankets together with a table or reasonable substitute therefore, a seat and a wardrobe for each person.

 

(b)        Each room shall be fitted with a door and moveable window of reasonable dimensions fitted with a gauze screen. Each room shall be sealed and lined. Good artificial lighting shall be provided in each room.

 

(c)        Except where corridor type barracks are provided, a veranda shall be constructed in front of each room.  Where reasonably required, provisions shall be made for the heating of rooms or cooling by fan.

 

(d)        Provisions shall be made in the camp for reasonable washing facilities including hot and cold showers.  Reasonable provisions shall be made for the washing of clothes.  Toilets shall be adequate and sewered where possible, situated within reasonable distance from the living quarters, access to which shall be by properly lighted paths.

 

Provisions shall be made for the effluent from the kitchen, laundry and showers to be carried away in closed pipes and dispersed in such a way as to avoid any risk to health.  In any such camp, messing shall be made available by the employer with provisions of a choice of meals.

 

(e)        Where construction camp accommodation is not provided and the employer provides caravan accommodation the employer and the unions shall confer as to reasonable standards for such accommodation. In the absence of agreement being reached, the matter shall be referred to the Commission.

 

(xv)      Alternative Paid Day Off Procedure - If the employer and the employee so agree in writing, the paid rostered day off as prescribed in clause 7, Hours of Work, may be taken, and paid for, in conjunction with the additional rest and recreation leave as prescribed in this clause or at the end of the project or on termination, whichever comes first.

 

12.  Allowances

 

A.        Industry Allowance

 

In addition to the rates prescribed in clause 4, Rates of Pay, an employee shall be paid an allowance at the rate per week as set out in Table 2 - Other Rates and Allowances of Part B, Monetary Rates, to compensate for the following disabilities associated with construction work (as defined):

 

(a)        climatic conditions when working in the open on all types of work;

 

(b)        the physical disadvantage of having to climb stairs or ladders;

 

(c)        the disability of dust blowing in the wind, brick dust and drippings from concrete;

 

(d)        sloppy and muddy conditions associated with the initial stages of the erection of a building;

 

(e)        the disability of working on all types of scaffolds or ladders other than a swing scaffold, suspended, or a bosun's chair;

 

(f)         the lack of the usual amenities associated with factory work (e.g., meal rooms, change rooms, lockers).

 

B.         Multi Storey Allowance

 

An employee required to work on the construction of multi-storey buildings shall be paid an allowance as set out in Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

C.         Towers Allowance

 

An employee working on a chimney stack, spire, tower, radio or television mast or tower, other than above ground in a multi storey building, cooling tower, water tower or silo where the work exceeds 15 metres in height shall be paid for all work above 15 metres an amount per hour, with an amount per hour for work above each additional 15 metres.  This allowance shall be paid in accordance with the rates as set out in Table 2 of this award, based on the cabin floor height.

 

D.         Special Rates

 

(i)         Fumes - An employee required to work in a place where fumes of sulphur or acid or other offensive fumes are present shall be paid such rates as are agreed upon between The Construction, Forestry, Mining and Energy Union (NSW Branch) and the employer provided that, in default of agreement, the matter may be referred to the Industrial Relations Commission of New South Wales for the fixation of a special rate.  Any special rate so fixed shall be paid from the date the employer is advised of the claim and thereafter shall be paid as and when the fume condition occurs, provided that there shall be no entitlement to claims for fumes which arise from the crane and its operation.

 

(ii)        Dirty Work - An employee engaged on unusually dirty work shall be paid an amount as set out in Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, per hour extra.  This allowance shall be payable when drivers assist in the actual work of jacking and dismantling of cranes but shall not be payable for the initial erection of cranes on-site, where such cranes have been freshly painted or cleaned.

 

These special rates shall be payable as a flat rate per hour worked.

 

13.  Annual Leave

 

(i)         Annual leave shall be allowed in accordance with the terms and provisions of the Annual Holidays Act, 1944. During a period of annual leave an employee shall receive a loading calculated on the minimum rate of payment prescribed by clause 4, Rates of Pay, of this award.  The loading shall be as follows:

 

(a)        Day Workers - An employee who would have worked on day work only had he not been on leave, a loading of 17.5 per cent.

 

(b)        Shift Workers - An employee who would have worked on shift work had he not been on leave, a loading of 17.5 per cent.

 

(ii)        Provided that where the employee would have received shift loadings had they not been on leave during the relevant period and such loadings would have entitled them to a greater amount than the loading of 17.5 per cent then the shift loadings will be added to the rate of wage prescribed in the said clause 4.

 

(iii)       Provided that where a rostered day off as prescribed in subclause (i) of clause 7, Hours, falls during the period annual leave is taken, payment of accrued entitlements for such day shall be made in addition to the annual leave payments prescribed in the Annual Holidays Act 1944.

 

(iv)       Provided that the above entitlement to payment for a rostered day off shall not apply to an employee working under a part time work arrangement pursuant to subclause 6 (iv) of this award; where the agreement specifies that the employee is paid for actual hours worked.

 

14.  Sick Leave

 

An employee on weekly hire who is absent from his work on account of personal illness, or on account of injury by accident, shall be entitled to leave of absence without reduction of pay, subject to the following conditions and limitations:

 

(i)         The employee shall not be entitled to paid leave of absence for any period in respect of which they are entitled to workers' compensation.

 

(ii)        The employee, as soon as reasonably practicable and within twenty-four hours of the commencement of such absence, inform the employer of their inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

 

(iii)       The employee shall prove to the satisfaction of their employer that they were unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

 

(iv)       The employee shall not be entitled during their first year of service with an employer to leave in excess of forty hours of working time.

 

(v)        The employee shall not be entitled during the second and subsequent years of service with an employer to leave in excess of sixty-four hours of working time.

 

(vi)       The employee shall accumulate sick leave from year to year so that any balance of the period specified in subclauses (iv) and (v), of this clause, that has not been allowed may be taken subject to the conditions contained herein.

 

15.  Carer's Leave

 

(1)        Use of Sick Leave

 

(i)         An employee, other than a casual employee, with responsibilities in relation to a class of person set out in paragraph (iii), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 14, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(ii)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(iii)       The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family group living in the same domestic dwelling.

 

(iv)       An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in paragraph (iii) who is ill.

 

(3)        Annual Leave

 

(i)         An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(ii)        Access to annual leave, as prescribed in paragraph (i) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(iii)       An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(4)        Time Off in Lieu of Payment for Overtime

 

(i)         An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(ii)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(iii)       If, having elected to take time as leave in accordance with paragraph (i) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(iv)       Where no election is made in accordance with the said paragraph (i), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-up Time

 

(i)         An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(ii)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate that would have been applicable to the hours taken off.

 

16.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iii) of this clause.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide, to the satisfaction of the employer, proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of carer's leave as set out in paragraph (iii) of clause 15, Carer s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) and (5) of the said clause 15. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

17.  Parental Leave

 

Chapter 2 of Part 4 of the Industrial Relations Act (NSW) 1996 shall operate as a provision of this award.

 

18.  Trade Union Training Leave

 

(i)         Subject to all qualifications in this clause, an employee appointed or elected as an accredited representative of the union (as defined) to which he/she belongs shall, upon application in writing to the employer, be granted up to 5 days leave with pay each calendar year non-cumulative to attend courses conducted or approved by the Australian Trade Union Training Authority.

 

(ii)        Such courses shall be designed and structured with the objective of promoting good industrial relations within the building and construction industry.

 

(iii)       Consultation may take place between the parties and the Australian Trade Union Training Authority, where appropriate, in the furtherance of this objective.

 

(iv)       For the purposes of this clause an "accredited representative of the union" shall mean a job steward recognised by the employer.

 

(v)        The following scale shall apply:

 

No. of employees

Max. no. of employees eligible to

Max. no. of days covered by

 

attend per year

this award eligible to attend

 

 

training per year

Up to 15

1

5

16 - 30

2

10

31 - 50

3

15

51 - 100

4

20

101 and over

5

25

 

(vi)       The application for leave shall be given to the employer at least 6 weeks in advance of the date of commencement of the course.  The application for leave shall contain the following details:

 

(a)        the name of the employee seeking the leave;

 

(b)        the period of time for which the leave is sought (including course dates and the daily commencing and finishing times); and

 

(c)        the title, general description and structure of the course to be attended and the location of where the course is to be conducted.

 

(vii)      The employer shall advise the union within 7 clear working days (Monday to Friday) of receiving the application as to whether or not the application for leave has been approved.

 

(viii)     The time of taking leave shall be arranged so as to minimise any adverse effect on the employer's operations.  The onus shall rest with the employer to demonstrate an inability to grant leave when an eligible employee is otherwise entitled.

 

(ix)       An employer shall not be liable for any additional expenses associated with an employee's attendance at a course other than the payment of ordinary-time earnings for such absence.  For the purpose of this clause ordinary-time earnings shall be defined as the relevant award classification rate including supplementary payments, shift work loadings where relevant plus overaward payments where applicable.

 

(x)        Leave rights granted in accordance with this clause will not result in additional payment for alternative time off to the extent that the course attended coincides with an employee's day off in the 19- day month work cycle or with any concessional leave.

 

(xi)       Employees on request by their employer shall provide proof of their attendance at any course within 7 days.  If an employee fails to provide such proof, the employer may deduct any amount already paid for attendance from the next week's pay or from any other moneys due to the employee.

 

(xii)      Where an employee is sick during a period when leave pursuant to this clause has been granted, proof of attendance at the course is not required for that period and the employee shall receive payment if entitled under the provisions of clause 12, Sick Leave.

 

(xiii)     Leave of absence granted pursuant to this clause shall count as service for all purposes of this award.

 

(xiv)     Any dispute as to any aspect of the operation of this clause shall be resolved in accordance with the dispute settlement procedure of this award.

 

19.  Jury Leave

 

An employee who is required to attend a Court on Jury Service shall have his pay made up of the difference between the "Jury Service Pay" and his award rate.

 

An employee working part-time who is required to attend for jury service during their agreed ordinary hours shall be paid in accordance with this clause on a pro rata basis.

 

20.  Holidays

 

(i)         An employee shall be entitled to be absent from work without loss of pay on New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day, or such other days that may be substituted therefore, together with all other gazetted holidays proclaimed to operate in the State of New South Wales; provided that the employee has worked as required by his employer the working day immediately before and the working day immediately after such a holiday or is absent with permission of his employer or is absent with reasonable cause.

 

(ii)        An employer who terminates the employment of an employee except for reasons of misconduct (proof of which shall lie upon the employer) shall pay the employee a day's ordinary wage for each public holiday prescribed in subclause (i), of this clause, which falls within ten consecutive days after the day of termination.

 

(iii)       Where an employee is working on a part-time basis pursuant to the provisions of clause 6, the holidays provisions in this clause shall only apply in respect of that part of a holiday or group of holidays which coincides with the ordinary hours of part-time work applicable to that employee.

 

21.  Picnic Day

 

(i)         The first Monday in December of each year shall be the union picnic day.

 

(ii)        All employees shall, as far as practicable, be given and shall take this day as picnic day and shall be paid therefore as for eight hours' work at the rate of pay prescribed in clause 4, Rates of Pay, of this award. An employee required to work on this day shall be paid at the rate of double time and one-half; provided also that an employee who attends for work as required on this day shall be paid for not less than four hours' work.

 

(iii)       An employer may require from an employee evidence of his attendance at the picnic and the production of the butt of the picnic ticket, issued for the picnic, shall be sufficient evidence of such attendance. Where such evidence is requested by the employer payment need not be made unless the evidence is produced.

 

(iv)       Where the employer holds a regular picnic for his employees on a day other than the first Monday in December, then such day may be given and may be taken in lieu of the first Monday in December.

 

22.  Termination of Employment

 

(i)         One week's notice of termination of employment shall be given on either side or one week's pay shall be paid or forfeited.

 

(ii)        Notice given at or before the usual starting time of any ordinary working day shall be deemed to expire at the completion of that day's work.

 

(iii)       The employer shall provide to the employee a written statement specifying the period of their employment and the classification of or the type of work performed by the employee.

 

(iv)       Nothing in this clause shall affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty.

 

(v)        Termination of employment by an employer shall not be harsh, unjust or unreasonable.

 

(vi)       For the purposes of this clause, termination of employment shall include termination with or without notice.

 

(vii)      Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.

 

(viii)     Provided that any dispute or claim arising out of paragraphs (i), (ii) and (iii) hereof shall be dealt with in accordance with the dispute settlement procedures contained within this award.

 

23.  Redundancy

 

(i)         Definition: "Redundancy" means a situation where an employee ceases to be employed by an employer, respondent to this award, other than for reasons of misconduct or refusal of duty. "Redundant" has a corresponding meaning.

 

(ii)        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, provided that any service prior to 22 March 1989 shall not be counted as service unless the employee is made redundant by the employer.

 

Period of continuous service

Redundancy / Severance Pay with an employer -

1 year or more but less than 2 years

2.4 weeks pay plus, for all service in excess of 1 year,

 

1.75 hours pay per completed week of service up to a

 

maximum of 4.8 weeks pay

2 years or more but less than 3 years

4.8 weeks pay plus, for all service in excess of 2

 

years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay.

3 years of more but less than 4 years

7 weeks pay plus, for all service in excess of 3 years,

 

0.73 hour pay per completed week of service up to a

 

maximum of 8 weeks pay.

4 years or more

8 weeks pay.

 

Provided that an employee employed for less than twelve months shall be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee.

 

(iii)       "Week's pay" means the ordinary time rate of pay at the time of termination for the employee concerned.

 

(iv)       If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay, such redundancy pay entitlement shall be paid to the estate of the employee.

 

(v)        Any period of service as a casual shall not entitle an employee to accrue service in accordance with this clause for that period.

 

(vi)       Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the employee completes an apprenticeship and remains in employment with that employer for a further 12 months.

 

(vii)      An employer bound by this award may utilise a fund to meet all or some of the liabilities created by this clause. Where an employee utilizes such a fund:

 

(a)        payments made by a fund designed to meet an employer's liabilities under this clause to employees eligible for redundancy/severance pay shall be set off against the liability of the employer under this clause, and the employee shall receive the fund payment or the award benefit, whichever is the greater, but not both; or

 

(b)        where a fund, which has been established pursuant to an agreement between unions and employers, does not make payments in accordance with this clause, contributions made by an employer on behalf of an employee to the fund shall, to the extent of those contributions, be set off against the liability of the employer under this clause, and payments to the employee shall be made in accordance with the rules of the fund or any agreement relating thereto and the employee shall receive the fund payment or the award benefit, whichever is the greater, but not both.

 

(viii)     Service as an employee for the Crown in the Right of the State of New South Wales shall not be counted as service for the purpose of this clause.

 

(ix)       Employee leaving during notice - An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and, if this occurs, shall be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee shall not be entitled to payment in lieu of notice.

 

A.        Transmission of Business

 

(i)         Where a business is, before or after the date of this award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

 

(a)        the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

 

(b)        the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

 

(ii)        In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

 

24.  Settlement of Disputes

 

(i)         Where an employee or the workplace delegate has submitted a request concerning any matter directly connected with employment to a foreperson or a more senior representative of management and that request has been refused, the employee may, if they so desire, ask the workplace delegate to submit the matter to management and the matter shall then be submitted by the workplace delegate to the appropriate executive of the employer concerned.

 

(ii)        If not settled at this stage, the matter shall be formally submitted by the State Secretary of the union to the employer.

 

(iii)       If not settled at this stage, the matter shall then be discussed between such representatives of the union, as the union may desire and the employer, who may be accompanied by or represented by such officers or representatives of an association of employers as the employer may desire, including, where agreed, processing the dispute through locally organised boards or committees set up by the parties for this purpose.

 

(iv)       If the matter is still not settled, it shall be submitted to the Industrial Relations Commission of New South Wales.

 

(v)        Where the above procedures are being followed, work shall continue normally. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause.

 

(vi)       Notwithstanding anything contained in the previous five (5) paragraphs, the respondents shall be free to exercise their rights if the dispute is not finalised within seven (7) days of notification.

 

(vii)      This clause shall not apply to any dispute as to a bona fide safety issue.

 

(viii)     Posting of Awards- Section 361 of the Industrial Relations Act which provides for the exhibition of industrial instruments in the workplace shall be a term of this award.

 

(ix)       Posting of Notices- An employer shall not prevent an official of the union authorised in writing in that behalf, from posting on an employer's premises or job a copy of any official notice of the union provided such notice is of reasonable size.

 

25.  Miscellaneous Amenities

 

An employer shall provide all amenities to his employees in accordance with the provisions of the Occupational Health and Safety Act 2000 and the regulations made under it; or any subsequent legislation that replaces this act.

Damage to Clothing

 

Compensation to the extent of the damage shall be made to an employee by an employer where in the course of their normal duties an employee's clothing is damaged or destroyed.

 

Radiators

Each crane cabin shall, unless otherwise heated, be equipped with a radiator which the employer shall install and maintain in good order and condition.

 

Protective Clothing

 

Where an employee is required to work in a place where, in the absence of protective clothing or boots, their clothing or boots will become wet, such employee shall be provided with waterproof clothing and boots.

 

Protective Glasses

 

A crane driver who, during the course of their work, is affected by bright glare from sunlight in the cabin of the crane, shall be supplied with suitable glasses for the protection of the eyes. Such glasses shall remain the property of the employer.

 

26.  Leave Reserved

 

Leave shall be given to the Construction, Forestry, Mining and Energy Union (New South Wales Branch), to apply to the Industrial Relations Commission of New South Wales as it sees fit in respect of any movement in the wage rates and conditions of the Building and Construction Industry (State) Award.

 

27.  Area, Incidence and Duration

 

(i)         This award rescinds and replaces the following awards:

 

(a)        the Building Crane Drivers (State) Award published 13 July 1977 and reprinted 26 October 2001 (228 I.G. 1275) and all variations thereof.

 

(b)        the Building Crane Drivers (Expense Related Allowances) Award 1992 published 5 August 1994 (281 I.G. 340) and all variations thereof.

 

(c)        the Building Crane Drivers (State) 1996 Wages Adjustments Award published 7 February 1997 (296 I.G.271) and all variations thereof.

 

(ii)        It shall apply to crane drivers employed by members of The Master Builders' Association of New South Wales, engaged in the course of erection or demolition, driving cranes that are normally used on this type of work and generally considered to be either the Lofty Crane category as defined in the terms of the Engine Drivers, &c., General (State) Award, or cranes capable of performing this work.

 

(iii)       Unless otherwise expressly stipulated by this award or specified in any subsequent variation thereof, no employee shall be reduced in status or position nor have their rate of remuneration reduced or any of their conditions of employment adversely affected merely as a consequence of the making of this award.

 

(iv)       The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect from the beginning of the first full pay period to commence on or after 9 November 2004.

 

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

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification

Base Rate Per Week

Safety Net Adjustment

Total Margin

 

 

Per Week

Per Week

 

$

$

$

Lofty Crane Driver

495.20

142.00

637.20

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1.

8(iii)

Overtime meal allowance

$10.20 per meal

2.

8 (iii)(a)

Meal interval

$10.20 per meal

3.

10A(i)

Travel Allowance

$12.80 per day

4.

10A(ii)

Travel within 50 klm from depot

$12.80 per day

6.

10D (i)(b)

Excess travel

$0.38 cents per klm

5.

10I(ii)

Transfer of work sites

$0.71 cents per klm

7.

10M

Travelling time allowance

$8.85 per week

8.

11 (iii)(b)

Living away from home weekly rate

348.10 per week

9.

11 (iii)(b)

Living away from home daily rate

49.80 per day

10.

11 (v)(c)(iii)

Meals while travelling

10.20 p/meal

11.

11 (vi)

Return journey

16.60

12.

11 (xi)(b)

Weekly camping rate

139.40 per week

13.

11 (xi)(b)

Daily camping rate

20.00 per day

14.

12A

Industry Allowance

$21.10 per week

15.

12B

Multi Storey Allowance -

 

 

 

From 4th floor level to 10th floor level

$0.42 per hour extra

 

 

From 11th floor level to 15th floor level

$0.48 per hour extra

 

 

From 16th floor level to 20th floor level

$0.56 per hour extra

 

 

From 21st floor level to 25th floor level

$0.71 per hour extra

 

 

From 26th floor level to 30th floor level

$0.86 per hour extra

 

 

From 31st floor level to 40th floor level

$0.91 per hour extra

 

 

From 41st floor level to 50th floor level

$1.05 per hour extra

 

 

From 51st floor level to 60th floor level

$1.20 per hour extra

 

 

From 61st floor level onwards

$1.27 per hour extra

16.

12C

Towers Allowance

 

 

 

Up to 15 metres

$0.48 per hour

 

 

For every additional 15 metres

$0.48 per hour

17.

12D(ii)

Dirty work

$0.48 per hour extra

 

 

 

P. J. SAMS  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

* to download attachment
  
IE UsersRight click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape UsersRight click the attachment - Select 'Save Link As' - Select a location - Click 'Save'