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New South Wales Industrial Relations Commission
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BUILDING INDUSTRY - CONTRACT FLOOR LAYER MINIMUM RATE ORDER AWARD
  
Date04/29/2005
Volume350
Part3
Page No.559
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C3436
CategoryAward
Award Code 066  
Date Posted04/28/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(066)

SERIAL C3436

 

BUILDING INDUSTRY - CONTRACT FLOOR LAYER MINIMUM RATE ORDER AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4627 of 2004)

 

Before Mr Deputy President Sams

30 November 2004

 

REVIEWED AWARD

 

Clause No.          Subject Matter

 

1.         Definitions

2.         Rates of Payment

3.         Cancellation and Service Charges

4.         Compensation for Travel Patterns, etc

5.         Living Away from Home - Distant Work

6.         Additional Conditions

7.         Adjustment of Rates

8.         New Types of Floor Covering

9.         Saturday, Sunday and Holiday Work

10.       Rectification Work

11.       Payment

12.       Workers' Compensation and Accident Pay

13.       Anti-Discrimination

14.       Settlement of Disputes

15.       Posting of Award

16.       Formula for Determining Rates

17.       Area, Incidence and Duration

 

1.  Definitions

 

For the purpose of this order:

 

1.1        "The Act" means the Industrial Relations Act 1996

 

1.2        "The Union" means the Construction, Forestry Mining and Energy Union, Construction & General Division, New South Wales Branch.

 

1.3        "Contract Floor Layer" shall mean a person who carries out under a contract with a principal contractor, floor-laying work as defined, other than as an employee.

 

1.4        "Building Work" for the purposes of section 110 of the Act means all work performed under this award in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the making, assembling or fixing of woodwork and fittings in connection therewith, the making, preparing, assembling and fixing of any material necessitating the use of tradesperson's tools or machines including all work performed by stonemasonry classifications and the prefabricating of a building in an open yard. For the purpose of this definition "maintenance" is confined to persons employed by building and construction industry employers respondent to this award.

 

1.5        "Floor Laying Work" means work, carried out within the general category of "building work" as defined in clause 1.4, involving the laying of vinyl tiles and sheeting, rubber tiles or sheeting, cork tiles or sheeting, parquetry, floor sanding, synthetic grass laying and all related work and substitute or similar finishings.  Such related work shall include the handling of all materials, the removal and/or demolition of existing materials, the mixing of various applications or mixes and all preparatory and finishing work.

 

1.6        "Principal Contractor" shall mean the person or company to whom the contract floor layer contracts and who carries on the business of carrying out or performing or arranging for the carrying out or performance of "floor laying work".

 

2.  Rates of Payment

 

Schedule Of Commercial Rates

 

 

$

Daily Minimum Charge

132.70

Hourly Rate

35.90

Fixing Rates

 

Vinyl Tiles 20-49m2

6.22

 

50-100m2

4.96

 

100-249m2

3.73

 

250 and over

2.68

 Sheet Vinyl (incl. Welding)

 

 

20-49m2

7.04

 

50-249m2

4.82

 

250 and over

4.30

For Safety Vinyl and Corlon

1.55

For Safety Vinyl over 3mm

2.37

For Linoleum

2.37

Hardboard Underlay (including supply of staples by contractor)

 

 

20-49m2

6.63

 

50m2 and over

4.55

Restaple Hardboard m2

1.91

Hardboard Underlay on pineboard

 

 

M2 Additional Rate

0.68

Decorative Tiles - VT rate + 50%

 

Decorative Tiles - Boarders and squares - Decorative Tile + 50%

 

Cork Tile - laying out m2

8.35

PVC nosing Lin Metre

4.21

Aluminium Nosing to Timber per lm

5.70

Aluminium Nosing to Concrete per lm

9.68

Stair Treads per lm

5.13

Stair Risers per lm

5.13

Treads and Risers covered per lm

9.11

Ripple trims to timber per lm

2.85

Ripple trims to concrete per lm

5.13

100mm skirting per lm

2.23

150mm skirting per lm

2.79

100mm flat skirting over carpet or smoothedge - per lm

2.92

150mm flat skirting over carpet or smoothedge - per lm

3.27

Reducing and capping strip - per lm

2.53

Preform cove - per lm

1.94

Stringer to walls per lm

4.40

Stringer to stairs per lm

11.67

Cementuous skim coat 1mm

2.09

Smoothing compound (k15/k10)

2.53

 

Above two items include priming and sanding

 

Cement based primer

2.07

Two pack primer

0.68

Grinding concrete - hourly rate

35.08

Acid etch etc - hourly rate

35.08

Fill expansion joints - hourly rate

35.08

 

Raking and cutting included in rates

 

Cover sheet vinyl up to 100mm height per lm

5.13

Cover sheet vinyl over 100mm height per lm

5.70

Rubber tiles m2

9.61

Sheet Vinyl to walls (incl. Welding)

12.38

Bulletin Board m2

16.53

Take Ups

 

 

Take up

loose lay m2

1.58

 

Take up

stuck m2

4.87

 

Take up

PVA mr

8.03

 

Take up

hardboard and coverings including

 

 

removal of staples m2

5.07

 

Take up

stair tread nosing (PVC) - per lm

1.29

 

Take up

stair tread nosing (Alum) - per lm

4.87

Bar Tops

40.10

Fares/Travel

 

 

Travelling time outside metropolitan area per hour

29.78

 

Accommodation per day

95.17

 

Travelling per km return

0.89

Moving Furniture - Hourly Rate

35.08

Cancellation Fee

42.46

 

SCHEDULE OF DOMESTIC FIXING RATES

 

Minimum Charge

$

183cm x 2m vinyls (except inlaid) - 1m

17.95

183cm inlaid vinyl (if layer supplies template paper - 1m

22.01

274cm vinyl - 1m

24.90

366cm x 4m vinyl - 1m

29.74

Daytile with border and squares m2

13.41

Vinyl tiles m2

10.41

Hardboard m2

7.45

K10 and Ardit (labour only) m2

2.79

PVA (labour only) m2

11.02

Additional rate for stairs in addition to rate per metre - per stair

4.92

Cove skirting - 1m

4.41

Preform fillet - 1m

2.79

TAKE UPS:

20.70

Loose laid material per room

 

Stuck down including hardboard m2

10.41

Direct to subfloor m2

13.82

Electrical appliances, removal and replace - per appliance

6.88

MINIMUM CHARGES (labour only) PVA:

 

Laundry

129.66

Bathroom

129.66

Other areas (of total job etc)

74.09

Ardit Z8

74.09

Mastick K10

74.09

ACCESSORIES, TRIM ETC.

 

 

Small - 1m

3.00

 

Large - 1m

2.85

 

To supply adhesive m2

0.96

CANCELLATION CHARGE: travel time to & from employers premises to site

--

at hourly rate

 

SERVICE CHARGE: If layer has to return to site to carry out rectification not

42.46

own fault - hourly rate plus the service charge shown

 

 

3.  Cancellation and Service Charges

 

3.1        If sent to a job which is then cancelled, all travelling time spent travelling from the company premises to the job and back to the company premises shall be paid at the travelling time rate as prescribed under clause 4, Compensation for Travel Patterns, Mobility Requirements of Contract Floor Layers and the Nature of Engagement in the Construction Work Covered by this Award.

 

4.  Compensation for Travel Patterns, Mobility Requirements of Contract Floor Layers and the Nature of Engagement in the Construction Work Covered By This Award.

 

4.1        The following travel allowance shall apply to contract floor layers engaged under the terms and conditions of this award in New South Wales for travel patterns and costs peculiar to the industry, which include mobility requirements of contract floor layers and the nature of engagement on construction work.

 

(a)        Where a contract floor layer travels daily to a job located outside the counties of Cumberland, Northumberland or Camden or from within any such county or from one such county to another or travels daily outside a 50 kilometre radial area from the nearest post office in the town where the principal contractor’s business is established (other than on a construction job) the layer shall be paid travel time of $35.90 per hour for all time spent travelling outside such counties or radial areas with a minimum payment of 15 minutes each way and in 15 minute lots with the next 15 minute period being paid.

 

(b)        In addition to the payments prescribed under paragraph (a) of this clause, 40 cents per kilometre shall also be paid for all travel outside such counties or radial areas prescribed in paragraph (a).

 

5.  Living Away from Home - Distant Work

 

5.1        A contract floor layer shall be entitled to $95.17 per day living away allowance when required to perform work on a job at such distance from the layer's usual place of residence that the layer cannot reasonably return to that place at night.

 

6.  Additional Conditions

 

6.1        When fixing sheet vinyl to walls: the rates herein do not include the cost of scaffolding and all scaffolding required including steps to whatever height shall be paid by the principal contractor in addition to the rates contained herein.

 

6.2        When performing take-ups: removal of rubbish by the layer shall only be required on small installations and in such situations that the layer can bring it back to the principal contractor's depot or tip. The cartage cost is to be paid at the agreed rate under clause 2, Rates of Payment, plus tip fees to be paid by the principal contractor. On large installations the layer is to place the rubbish in an area as directed by the builder, providing such area is adjacent to where the work is being performed or notify the principal contractor that it is ready for pick-up and disposal.

 

7.  Adjustment of Rates

 

7.1        The formula upon which the rates are determined under clauses 2, Rates of Payment, 4 Compensation for Travel Patterns, etc, 5 Living Away from Home - Distant Work and 10 Rectification Work shall be adjusted by the percentage increase to the CW3 Hard Floor Coverer rate in the Building and Construction Industry (State) Award following each State Wage Case.

 

7.2        Should there be an alteration to the conditions of the award, then the rates and conditions contained in this award shall be reviewed accordingly.

7.3        The rates of pay in this award include adjustments payable under the State Wage Case 2004. These adjustments resulting from this clause may be offset against any equivalent overaward payments.

 

8.  New Types of Floor Coverings

 

8.1        Where a new type of floor covering is introduced or work is performed for which no rate is prescribed under this award, the hourly rate shall apply pending an agreement being reached between the CFMEU and the Floor Covering Association of N.S.W. If no agreement can be reached the Industrial Relations Commission of New South Wales shall determine the darg and the rate shall then be set in accordance with the formula contained in clause 17 of this award.

 

9.  Saturday, Sunday and Holiday Work

 

9.1        When a contract floor layer is required and instructed by the principal contractor to work on Saturdays, Sundays or any day which attracts penalty rates under the Building and Construction Industry (State) Award he shall receive contract rates in accordance with clause 2, Rates of Payment.

 

9.2        In addition, the layer shall be paid penalty rates at half ordinary-time rates where the said award prescribes time and a half rates, single ordinary-time rates where the said award prescribes double time rates and time and a half ordinary-time rates where the said award prescribes double time and a half rates.

 

9.3        Such penalties shall be calculated in accordance with the overtime provisions of the award.

 

10.  Rectification Work

 

10.1      The rates prescribed herein are rates, which include the rectification necessary for any work of a deficient nature, occasioned by the work of the contract floor layer but does not include the cost of any materials used in such rectification work, the cost of which materials shall be paid by the principal contractor.

 

10.2      When it is necessary to return to a job to carry out rectifications that are no fault of the contract floor layer, a service charge of $42.96 plus the hourly rate as prescribed under clause 2, Rates of Payment, shall be paid.

 

11.  Payment

 

11.1      All rates, allowances and other monies due shall be paid not later than the cessation of ordinary hours of work on Friday of each working week.

 

11.2      Provided that in any week in which a holiday falls on a Friday rates accrued shall be paid on the previous Thursday. Nothing shall prevent any alternative mutual arrangement between a principal contractor and contract floor layer.

 

11.3      The principal contractor shall not keep more than one week's payment in hand.

 

11.4      Notwithstanding paragraphs 11.1, 11.2 and 11.3 all monies outstanding shall be paid at the completion of each job or not later than the following payday.

 

12.  Workers' Compensation and Accident Pay

 

Principal contractors shall hold current workers compensation insurance policies covering all layers engaged by them, as required by the relevant workers' compensation legislation applying from time to time.

 

13.  Anti-Discrimination

 

13.1      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 responsibility as a carer.

 

13.2      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.

 

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

 

13.4      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.

 

13.5      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."

 

14.  Settlement of Disputes

 

14.1      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.

 

14.2      If not settled at this stage, the matter shall be formally submitted by the State Secretary of the CFMEU or his nominee, to the employer.

 

14.3      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.

 

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

 

14.5      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.

 

14.6      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.

 

14.7      This clause shall not apply to any dispute as to a bona fide safety issue.

 

15.  Posting of Award

 

Section 361 of the Act, which provides for the exhibition of industrial instruments in the workplace shall be a term of this award.

 

16.  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.

 

17.  Area, Incidence and Duration

 

17.1      This award applies to the engagement of contract floor layers (as defined) on floor laying work (as defined) in the state of New South Wales, excluding the county of Yancowinna, by Tayweld Pty Limited.

 

17.2      The award published 4 September 2001 took effect from the beginning of the first pay period to commence on or after the 7 October 1987.

 

17.3      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Building Industry - Contract Floor Layer Minimum Rate Order Award published 30 November 2001 (329 I.G. 1103).

 

17.4      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 Awards made by the Industrial Relations Commission of New South Wales take effect on and from 30 November 2004.

 

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

 

 

 

P. J. SAMS  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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