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
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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.