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.