Electrical, Electronic and Communications Contracting Industry (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 724 of 2008)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.       Subject Matter

 

PART A

 

1.        Arrangement

2.        Definitions

2A.     Secure Employment

3.        Wages

4.        Travel and Expenses

5.        Tools

6         Payment of Wages

7.        Living Away on Distant Work

8.        Contract of Employment

9.        Working Within Skills Competency and Training

10.      Consultative Mechanism

11.      Redundancy and Technological Change

12.      Superannuation

13.      Prohibitions

14.      Apprentices

15.      Special Rates

16.      Multi-Storey Allowance

17.      Distant Places

18.      Hours of Work

19.      Overtime

20.      Holiday and Sunday Work

21.      Shift Work

22.      Sick Leave

23.      Annual Leave

24.      Other Leave

25.      Shop Stewards

26.      Notice Board

27.      Amenities

28.      First Aid

29.      Miscellaneous Provisions

30.      Anti-Discrimination

31.      Dispute Settlement Procedure

32.      Incidence, Scope And Application

33.      Duration

34.      Leave Reserved

34A.   Traineeships

35.      Deduction of Union Membership Fees

36.      Motor Vehicles

37.      Overpayment Reimbursement to Employer

38.      Training

39.      School Based Apprentices

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Additional Margins

Table 3 - Additional Allowances

Table 4 - Expense Related Allowances

 

Appendix A - Worker Classification Comparison

 

2.  Definitions

 

2.1      Classification Definitions

 

2.1.1   Electrical Mechanic means a tradesperson mainly engaged on electrical installation, repair, and maintenance work including the welding, fabrication, and erection of brackets and equipment associated with electrical installation work.

 

2.1.2   Electrical Fitter means a fitter mainly engaged in making, fitting, or repairing electrical machines, instruments, or appliances, and who in the course of his/her work applies electrical knowledge, including the welding, fabrication, and erection of brackets and equipment associated with electrical installation work.

 

2.1.3   Electrical Instrument Fitter means a tradesperson, not necessarily an electrical fitter, who is required to design, test and/or repair and maintain electrical and/or electro-pneumatic measuring and/or recording appliances and/or scientific instruments.

 

2.1.4   Electronics Tradesperson means:

 

2.1.4.1           An electrical tradesperson who is engaged in applying his/her knowledge and skills to the task of installing, repairing, maintaining, servicing, modifying, commissioning, testing, fault finding and the diagnosing of various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems utilising integrated circuitry. The application of this skill and knowledge would require an overall understanding of the operating principles of the systems and equipment on which the tradesperson is required to carry out his/her tasks.

 

2.1.4.2           To be classified as an electronics tradesperson, a tradesperson must have at least three years on-the-job experience as a tradesperson in electronic systems utilising integrated circuits and in addition, must have satisfactorily completed a post trades course in electronics equivalent to at least two years' part time study. In addition, to be classified as an electronics tradesperson, a tradesperson must be capable of.

 

2.1.4.2.1        Maintaining and repairing multi-function printed circuitry using circuit diagrams and test equipment.

 

2.1.4.2.2        Working under minimum supervision and technical guidance.

 

2.1.4.2.3        Providing technical guidance within the scope of the work described in this definition.

 

2.1.4.2.4        Preparing reports of a technical nature on specific tasks or assignments as directed and within the scope of the work described in this definition.

 

2.1.5   Plant Electrician means an electrical mechanic or electrical fitter who has practically complete charge of the general maintenance, alteration and repair work of an installation and carries out the orders of an employer having no knowledge of the electrical trade and not carrying on any business in the trade as a partner or otherwise or carries out the orders of an employer’s engineer or other officer who is not a practical electrician.

 

2.1.6   Radio Mechanic or Fitter means an employee engaged on the making, repairing, and/or servicing of television, radio and sound equipment which requires the application of general trade experience gained through apprenticeship or equivalent training.

 

2.1.7   Refrigeration and/or Air Conditioning Mechanic or Fitter means a tradesperson who in the course of his/her work applies electrical trade experience and is mainly engaged on the installation, repair and maintenance work in connection with electrically operated refrigeration and/or air conditioning units.

 

2.1.8   Battery Fitter means an adult employee wholly engaged in the erection, overhauling or repairing of storage batteries.

 

2.1.9   Electrician in Charge of Generating Plant means an electrician who has complete charge of the whole plant, including the prime mover and generator and is required to run the plant and maintain and attend to the installation generally.

 

2.1.10 Linesperson means an employee engaged in preparing and/or maintaining poles for electric wires, fixing wires or cables on poles or over buildings or fixing wires to insulators or joining or insulating such wires or performing any other work required in connection with or incidental to the running of overhead wires outside of buildings.

 

2.1.11 Linesperson Special Class means an linesperson who has had three or more years’ experience as a linesperson and is qualified and working under the Overhead Line Regulations, 1955.

 

2.1.12 Linesperson’s Assistant means an employee assisting a linesperson but who shall not work within 1.8 metres of any live conductor and who shall not ascend ladders or climb poles carrying live conductors.

 

2.1.13 Tradesperson’s Assistant means an employee engaged in assisting a tradesperson, provided that such assistance shall not include the carrying out of work usually regarded as that of a tradesperson.

 

2.1.14 Leading Hand means any electrical worker (not being a foreperson) who is placed in charge of work on which 4 or more employees or 2 or more tradespersons, in addition to himself/herself are engaged.  Any worker who receives orders from an officer, and is placed in charge as herein set out in the absence of such officer, shall be deemed to be a leading hand whilst so placed in charge of the work carrying out such orders.

 

2.1.15 Tradesperson means a person who has served the requisite apprenticeship or holds a Certificate of recognition as a tradesperson issued by an Australian apprenticeship authority or a Tradesman’s Certificate issued by the Local Electrical Trades Committee constituted under the Tradesman’s Rights Regulations Act 1946-1966.

 

2.2      Skill Streams Definitions - The Award provides a career path in five broad skill streams within the electrical/electronic industry.

 

2.2.1   Stream One - Electrical

 

2.2.1.1 This includes all electrical work normally associated with the work of an Electrical Mechanic, Electrical Fitter, Electrician - Special Class and Electronic Tradesperson.

 

2.2.1.2 It includes electronic work to the extent that an Electronic Tradesperson undertook electronic work in the previous Award.

 

2.2.2   Stream Two - Electronics/Communications

 

2.2.2.1           The Electronics/Communications Stream will cover all types of electronic work not requiring the full range of skills and training of an electrical tradesperson. It includes, but is not limited to the following:

 

2.2.2.1.1        Computers, peripherals and other electronic equipment;

 

2.2.2.1.2        Fire alarms, security alarm systems and surveillance systems;

 

2.2.2.1.3        Communications equipment and systems;

 

2.2.2.1.4        Radio/television/public address; and

 

2.2.2.1.5        Other areas of work listed in Clause 32, Incidence Scope and Application.

 

2.2.2.2           Communications includes but is not limited to telecommunications.

 

2.2.3   Stream Three - Instrumentation

 

2.2.3.1           This stream includes instrument and instrumentation work normally associated with the work of Instrument Tradespeople, Electrical/Instrument Tradespersons, Instrument Trades-Complex Systems and Instrumentation and Controls Tradespersons.

 

2.2.4   Stream Four - Refrigeration/Air Conditioning

 

2.2.4.1           This stream includes work in or in connection with refrigeration and air conditioning, plant, equipment or systems.

 

2.2.5   Stream Five - Lines/Cable Work (Power Distribution)

 

2.2.5.1           This stream includes all the work normally associated with the work of Linespersons and/or Cable Jointers and work in or in connection with, or incidental to the making, installation and maintenance of electrical distribution lines and systems.

 

2.3      Fire Alarm Systems

 

2.3.1   "Fire Alarm Systems" means the industry and trades which are concerned with the installation, repair, modification, maintenance, testing and servicing of fire alarms, detectors, fire-suppression signs, bells and associated equipment.

 

2.4      Security Alarm Systems

 

2.4.1   "Security Alarm Systems" means the industry and trades which are connected with the installation, maintenance, monitoring, controlling, repairing or testing of any electrical, electronic or acoustic equipment or device, or any combination thereof which includes any intruder alarm systems incorporating closed circuit television, video or photographic systems, electronic, electro-mechanic access control systems, any computer hardware systems and/or computer software including ancillary equipment or any external or internal lighting device used for any commercial, industrial, domestic or governmental purpose.

 

2.5      Worker Definitions

 

2.5.1   Electrical Worker Grade 1 - 80% of Base Rate

 

2.5.1.1           An "Electrical Worker Grade 1" is a labourer not otherwise provided for in this Award, who is doing labouring work and employed as such.

 

2.5.2   Electrical Worker Grade 2 - 85% of Base Rate

 

2.5.2.1           An "Electrical Worker Grade 2" is an employee who is engaged in assisting a tradesperson, provided that such assistance shall not include the work of a tradesperson.

 

2.5.2.1.1        Without limiting the scope of the work, an Electrical Worker Grade 2 may perform the following tasks to the level of his/her training:

 

2.5.2.1.1.1     Unskilled tasks as directed;

 

2.5.2.1.1.2     Cut to specified lengths -ducting, unistrut, conduit and other cable and support systems;

 

2.5.2.1.1.3     Paints cable trays, ducts and conduits;

 

2.5.2.1.1.4     Directly assists a tradespersons installing cable, conduit ducting and other cable enclosures or support systems;

 

2.5.2.1.1.5     Chase walls as marked by a tradesperson.

 

2.5.2.2           Is an adult who is employed on the clearance of vegetation in the vicinity of overhead power distribution lines.

 

2.5.2.3           Is an adult who is employed on the maintenance and inspection of electricity distributions poles.

 

2.5.3   Definitions applying to this Grade of Worker prior to 18.03.93.

 

2.5.3.1 Trades Assistant.

 

2.5.3.2 Lines Assistant.

 

2.5.4   Electrical Worker Grade 3 - 90% of Base Rate

 

2.5.4.1 An "Electrical Worker Grade 3" is an employee who works under direction, may be required to perform the work of an electrical worker Grade 2; and

 

2.5.4.1.1        Without limiting the scope of the work performs the work described below to the level of his/her training;

 

2.5.4.1.1.1     Is engaged in storework; or

 

2.5.4.1.1.2     Is qualified and required to drive or operate the employer’s machinery, plant or equipment incidental to his/her primary task or functions; or

 

2.5.4.1.1.3     Inspects and test fire alarm or security alarm equipment; or

 

2.5.4.1.1.4     Under the supervision of a tradesperson or electronics serviceperson;

 

2.5.4.1.1.4.1   Installs radio, communications and related equipment including antenna; or

 

2.5.4.1.1.4.2   Installs fire alarm or security alarm equipment; or

 

2.5.4.1.1.4.3   Installs data and communication cabling.

 

2.5.4.1.2        Provided that this person shall not undertake tasks requiring skills of a tradesperson.

 

2.5.4.2 Definitions applying to this Grade of worker prior to 18.03.93.

 

2.5.4.2.1        Linesperson.

 

2.5.5   Electrical Worker Grade 4 - 95% of Base Rate

 

2.5.5.1 An "Electrical Worker Grade 4" is an employee who:

 

2.5.5.1.1        Has worked for not less than one year in the industry or holds the equivalent experience and without limiting the scope of the work and to the level of his/her training is an employee who:

 

2.5.5.1.1.1     Is accredited and employed to perform:

 

2.5.5.1.1.1.1   Scaffolding; or

 

2.5.5.1.1.1.2   Rigging; or

 

2.5.5.1.1.2     Is directly in charge of an electrical store and responsible for materials, ordering and purchasing; or

 

2.5.5.1.1.3     Has worked for not less than one year as an electrical worker Grade 3 or has the equivalent experience in the installation of electronics equipment and who, under the minimum supervision of a tradesperson or electronics serviceperson;

 

2.5.5.1.1.3.1   Installs radio, communications and related equipment including antenna; or

 

2.5.5.1.1.3.2   Installs fire alarm or security alarm equipment; or

 

2.5.5.1.1.3.3   Installs, terminates and tests data and communication cabling.

 

2.5.5.1.1.4     Inspects and tests fire alarms or security alarm equipment involving a range of responsibility beyond that of a Grade 3 Electrical worker and works without assistance and supervision.

 

2.5.5.1.2        Provided that this person shall not undertake tasks requiring the skills of a tradesperson.

 

2.5.5.2 Definitions applying to this Grade of worker prior to 18.03.93.

 

2.5.5.2.1        Linesperson Special Class.

 

2.5.6   Electrical Worker Grade 5 - 100% of Base Rate

 

2.5.6.1           An "Electrical Worker Grade 5" is employed to use the skills acquired through the training specified below and is an employee who

 

2.5.6.1.1        Holds a trade certificate or tradesperson’s rights certificate in an electrical trade; or

 

2.5.6.1.2        Has successfully completed an appropriate trade course or who has otherwise reached an equivalent standard of skills and knowledge in electronics; or

 

2.5.6.1.3        Has successfully completed an appropriate instrumentation trade course; or

 

2.5.6.1.4        Holds an appropriate electrical/refrigeration/air conditioning trade certificate; or

 

2.5.6.1.5        Has successful completed an appropriate trade course in linework or cable jointing or who has otherwise reached an equivalent standard of skills and knowledge.

 

2.5.6.2           Included in this grade is the work of:

 

2.5.6.2.1        Electrical Tradesperson Level 1.

 

2.5.6.2.2        Electronic Serviceperson Level 1.

 

2.5.6.2.3        Instrument Tradesperson Level 1.

 

2.5.6.2.4        Refrigeration/Air Conditioning Tradesperson Level 1.

 

2.5.6.2.5        Linesperson/Cable Jointer Level 1.

 

2.5.6.3 Definitions applying to this Grade prior to 18.03.93.

 

2.5.6.3.1        Electrical Mechanic.

 

2.5.6.3.2        Electrical Fitter.

 

2.5.6.3.3        Radio Mechanic or Fitter.

 

2.5.6.3.4        Refrigeration and/or Air Conditioning Mechanic or Fitter.

 

2.5.6.3.5        Battery Fitter.

 

2.5.7   Electrical Worker Grade 6 - 105% of Base Rate

 

2.5.7.1           An "Electrical Worker Grade 6" is an Electrical Worker Grade 5 who in addition:

 

2.5.7.1.1        Has successful completed:

 

2.5.7.1.1.1     3 appropriate training modules or 33% of the qualifications specified for Grade 7 or its equivalent; or

 

2.5.7.1.1.2     Equivalent structured in-house training relevant to the employer’s business or enterprise as agreed between the parties to the Award; or

 

2.5.7.1.1.3     Has acquired an equivalent standard of skills as defined in clause 4.6.1.1 as agreed between the parties to the Award through other means including a minimum of one year’s experience as an Electrical Worker Grade 5.

 

2.5.7.1.1.4     Is employed to use the skills acquired through the training or experience specified.

 

2.5.7.2           Included in the grade in the work of:

 

2.5.7.2.1        Electronic Tradesperson Level 2.

 

2.5.7.2.2        Electronic Serviceperson Level 2.

 

2.5.7.2.3        Instrument Tradesperson Level 2.

 

2.5.7.2.4        Refrigeration/Air-Conditioning Tradesperson Level 2.

 

2.5.7.2.5        Linesperson/Cable Jointer Level 2.

 

2.5.7.3           Definitions applying to this Grade of worker prior to 18.03.93.

 

2.5.7.3.1        Electrical Instrument Fitter.

 

2.5.7.3.2        Electrician in Charge of Plant having a capacity of less than 75KW.

 

2.5.8   Electrical Worker Grade 7 - 115% of Base Rate

 

2.5.8.1           An "Electrical Worker Grade 7" is an Electrical Worker Grade 5 who

 

2.5.8.1.1        Has successfully completed a Post Trade Certificate or 9 appropriate modules towards an Advanced Certificate or its equivalent or has acquired the same standard of skills through other means including a minimum of two year’s experience in the industry; and

 

2.5.8.1.2        Is employed to use the skills acquired through the training and/or experience specified.

 

2.5.8.2           Included in this grade is the work of:

 

2.5.8.2.1        Electrical Tradesperson Level 3.

 

2.5.8.2.2        Electrical Serviceperson Level 3.

 

2.5.8.2.3        Instrument Tradesperson Level 3.

 

2.5.8.2.4        Refrigeration/Air Conditioning Tradesperson Level 3.

 

2.5.8.2.5        Linesperson/Cable Jointer Level 3.

 

2.5.8.3           Definitions applying to this Grade of worker prior to 18.03.93

 

2.5.8.3.1        Electrician in Charge of Plant having a capacity of 75KW or more.

 

2.5.9   Electrical Worker Grade 8 - 125% of Base Rate

 

2.5.9.1 An "Electrical Worker Grade 8" is an Electrical Worker Grade 5 who

 

2.5.9.1.1        Has successfully completed a Post Trade Certificate or 9 appropriate modules towards an Advanced Certificate or its equivalent and in addition has not less than two year’s experience as an Electrical Worker Grade 7; and

 

2.5.9.1.2        Is employed to use the skills acquired through the training and/or experience specified.

 

2.5.9.2 Included in this grade is the work of:

 

2.5.9.2.1        Advanced Electrical Tradesperson Level 1.

 

2.5.9.2.2        Advanced Electronic Serviceperson Level 1.

 

2.5.9.2.3        Advanced Instrument Tradesperson Level 1

 

2.5.9.2.4        Advanced Refrigeration/Air Conditioning Tradesperson Level 1

 

2.5.9.3 Definitions applying to this Grade of worker prior to 18.03.93

 

2.5.9.3.1        Electronic Tradesperson

 

2.5.10 Electrical Worker Grade 9 -130% of Base Rate

 

2.5.10.1         An "Electrical Worker Grade 9" is an Electrical Worker Grade 5 who

 

2.5.10.1.1       Has successfully completed an appropriate Advanced Certificate or its formal equivalent; and

 

2.5.10.1.2       Is employed to use the skills acquired through the training and/or experience specified.

 

2.5.10.2          Included in this grade is the work of:

 

2.5.10.2.1       Advanced Electrical Tradesperson Level 2

 

2.5.10.2.2       Advanced Electronic Serviceperson Level 2

 

2.5.10.2.3       Advanced Instrument Tradesperson Level 2

 

2.5.10.2.4       Advanced Refrigeration/Air Conditioning Tradesperson Level 2

 

2.5.10.3          Definitions applying to this Grade of worker prior to 18.03.93.

 

2.5.10.3.1       No pre-existing classification for this Grade.

 

2.5.11 Electrical Worker Grade 10 - 145% of Base Rate

 

2.5.11.1         An Electrical Worker Grade 10 is an Electrical Contracting Industry Worker Grade 5 who

 

2.5.11.1.1       Has successfully completed an appropriate Associate Diploma or its formal equivalent; and

 

2.5.11.1.2       Is employed to use the skills acquired through the training and/or experience specified.

 

2.5.11.2         Included in this grade is the work of:

 

2.5.11.2.1       Advanced Electrical Tradesperson Level 3

 

2.5.11.2.2       Advanced Electronic Serviceperson Level 3

 

2.5.11.2.3       Advanced Instrument Tradesperson Level 3

 

2.5.11.2.4       Advanced Refrigeration/Air Conditioning Tradesperson Level 3

 

2.6      Other Definitions

 

2.6.1   Ship Repairs means

 

2.6.1.1 All repair work done on ships.

 

2.6.1.2 All work other than the making of spare parts and stores done in a workshop used for ship repairs only.

 

2.6.1.3 Work done in a workshop used for both ship repairing, general engineering, metal moulding, steel construction, and other heavy metal fabrications on which employees are engaged both on the ship and in the workshop.

 

2.6.2   Confined Space means a compartment or space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation and includes such a space:

 

2.6.2.1           In the case of a ship - inside complete tanks, chain lockers and peaks, in bilges, under engine beds, under engine room and stokehold floors, or under or inside boilers.

 

2.6.2.2           In the case of a locomotive - inside the barrels or boilers, fire boxes, water spaces or tenders, side tanks, bunker tanks, saddle tanks or smoke boxes.

 

2.6.2.3           In other cases - inside boilers, steam drums, mud drums, fire boxes of vertical or road vehicle boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters or economisers.

 

2.6.3   Union means the Electrical Trades Union of Australia, New South Wales Branch.

 

2.6.4   Sunday means all time between midnight Saturday and midnight Sunday.

 

2.6.5   Distant Work is that in respect of which the distance or the travelling facilities to and from such place of work make it reasonably necessary that the employee should live and sleep at some place other than his/her usual place of residence at the time of commencing such work.

 

2.6.6   ECA means the Electrical Contractors Association of New South Wales

 

2A.  Secure Employment

 

2A.1   Occupational Health and Safety

 

2A.1.1 For the purposes of this subclause, the following definitions shall apply:

 

2A.1.1.1        A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

2A.1.1.2        A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

2A.1.2 Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

2A.1.2.1        consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

2A.1.2.2        provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

2A.1.2.3        provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

2A.1.2.4        ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

2A.1.3 Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

2A.2   Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

2A.3   This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the Department of Education, Employment and Workplace Relations.

 

3.  Wages

 

3.1      The Weekly Minimum Wage Rate is as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

3.1.1   Weekly Minimum Wage Rate Increases: There will be increases to Table 1 - Wages, of Part B, Monetary Rates as follows:-

 

3.1.1.1           The first increase of five percent is incorporated in Table 1 - Wages, of Part B, Monetary Rates;

 

3.1.1.2           The second increase of five percent shall take effect from 1 February 2006; and

 

3.1.1.3           The third increase of five percent shall take effect from 1 February 2007.

 

3.1.2   The ETU, with the agreement of the ECA, reserves the right to apply for State Wage Case increases during the period of operation of the award.

 

3.2      The base rate shall be calculated by applying the wage relativity against the base rate for the Grade 5 Electrical Worker.

 

3.3      Additional Margins - The following additional margins shall be paid for all purposes of the award:

 

3.3.1   Electrical Mechanic's Licence - additional margin to be paid to an employee employed and working as a tradesperson and licensed by the Department of Fair Trading as follows:

 

3.3.1.1           Qualified Supervisor Certificate (Electrician) - Item 1 of Table 2 Additional Margins of Part B, Monetary Rates.

 

3.3.1.2           Certificate of Registration (Electrician) - Item 2 of Table 2 - Additional Margins of Part B, Monetary Rates.

 

3.3.2   Leading Hand as defined, additional margin - Item 3 of Table 2 - Additional Margins of Part B, Monetary Rates.

 

3.3.3   Construction Work

 

3.3.3.1 Additional margin to be paid to employees on construction work in connection with the erection, maintenance, renovation or demolition of buildings or structures - Item 4 of Table 2 - Additional Margins of Part B, Monetary Rates.

 

3.3.3.2 This additional margin is in consideration of conditions peculiar to construction work which are:

 

3.3.3.2.1        Working in the open and thereby being subject to climatic conditions - i.e. from dust blowing in the wind, brick dust, drippings from concrete, &c.;

 

3.3.3.2.2        Sloppy conditions;

 

3.3.3.2.3        Lack of usual amenities associated with factory work, eg - meal rooms, change rooms, locker, etc.

 

3.3.3.3 This additional margin shall not apply to ship work or to employees engaged on workshop, maintenance, service, repair and/or installation work.

 

3.3.4   Special Allowance

 

3.3.4.1           Additional margin to be paid to employees on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures - Item 5 of Table 2 - Additional Margins of Part B, Monetary Rates.

 

3.3.4.2           This additional margin shall not apply to ship work or to employees engaged on workshop maintenance, service, repair and/or installation work.

 

3.3.5   Ship Repair Work. Additional margins to be paid to employees engaged on ship repairs.

 

3.3.5.1           Tradespersons - Item 6 of Table 2 Additional Margins of Part B, Monetary Rates.

 

3.3.5.2           All other labour - Item 6 of Table 2 Additional Margins of Part B, Monetary Rates.

 

3.3.6   Power House Work. Tradespersons and their assistants employed in large operating power house (i.e. - power house developing more than 8,000 kilowatts) other than those not on the regular staff employed on new construction work shall be paid as set out in Item 7 of Table 2 - Additional Margins of Part B, Monetary Rates per week extra; such amount shall be deemed to include all special rates prescribed in Clause 15, Special Rates. This allowance shall continue to be payable to tradespersons attached to the staff of such power houses whilst carrying out repairs or maintenance on rotary converter and/or static substations which are in regular operation.

 

3.4      Wage Rates.  Employees other than apprentices shall be calculated as prescribed hereunder.

 

3.4.1   Weekly Wage Rate - The ordinary weekly wage rate of any employee to whom this award applies shall be calculated by adding the amounts prescribed by:

 

3.4.1.1           Subclause 3. 1, Weekly Minimum Wage Rate, and

 

3.4.1.2           All margins applicable to the employee as prescribed by 3.3, Additional/Margins, and

 

3.4.1.3           The tool allowance prescribed by 5.3, Tool Allowance of Clause 5, Tools, and

 

3.4.1.4           The casual hire rate prescribed by Clause 8, Contract of Employment where such casual hire rate is applicable.

 

3.4.2   Hourly Wage Rate

 

3.4.2.1           The ordinary hourly wage rate of any employee to whom this award applies shall be calculated by dividing the weekly wage rate, prescribed by 3.4.1, Weekly Wage Rate, by the weekly ordinary hours per week prescribed by 18.1, of this award, although more or less than the average weekly ordinary hours may be worked by the employee in any particular week of his/her work cycle.

 

3.4.2.2           The ordinary hourly wage rate shall be calculated to the nearest cent other than when the calculation comes to the exact half cent and in such case the ordinary hourly wage rate shall be calculated to that half cent.

 

3.4.3   All Purpose Rate - The ordinary hourly wage rate calculated in accordance with 3.4.2, Hourly Wage Rate, of this clause shall be applied for all purposes of the award including the calculation of overtime and other penalty rates.

 

3.4.4   Tradesperson's Work - Notwithstanding anything elsewhere contained in this award any employee engaged on tradesperson's work shall be paid the appropriate tradesperson's wage rate whilst so engaged.

 

3.4.5   Mixed Functions - An employee engaged for more than 2 hours during one day or shift on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift; if so engaged for 2 hours or less during one day or shift he/she shall be paid the higher rate for the time so worked.

 

3.4.6   Extra Rates Not Cumulative - Extra Rates in this award except rates prescribed in clauses 15, Special Rates; 16, Multi-storey Allowance; 17, Distant Places and the rate of payment prescribed by subclause 20.1.2 and subclause 20.2.3, of Clause 20, Holidays and Sunday Work for work on a holiday are not cumulative so as to exceed the maximum of double the ordinary rates.

 

3.5      Apprentice Rates

 

3.5.1   Indentured Apprentices

 

3.5.1.1           The minimum weekly rates of wages for apprentices shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

3.5.1.2           In addition to the above rates, apprentices engaged on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance per week as set out in Item 8 of Table 2 - Additional Margins of Part B, Monetary Rates. This allowance is in consideration of conditions peculiar to construction work which are:

 

3.5.1.2.1        Working in the open and thereby being subjected to climatic conditions ie. from dust blowing in the wind, brick dust, dripping from concrete, etc;

 

3.5.1.2.2        Sloppy conditions;

 

3.5.1.2.3        Lack of usual amenities associated with factory work, eg meal rooms, change rooms, lockers, etc.

 

3.5.1.2.4        Provided that this allowance shall not apply to ship work or to employees on maintenance work in mixed industries.

 

3.5.1.3           Apprentices engaged on ship repairs shall be paid an additional margin per week as set out in Item 9 of Table 2 - Additional Margins of Part B, Monetary Rates.

 

Provided that where an apprentice is for a period of half a day or longer, away from his/her place of employment for the purpose of receiving tuition, the amount prescribed herein shall be decreased proportionately.

 

3.5.1.4           In addition to the above rates, apprentices on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance as set out in Item 10 of Table 2 - Additional Margins of Part B, Monetary Rates.

 

3.5.1.5           The total rate of wages for apprentices in this Award shall be calculated to the nearest 5 cents, any broken part of 5 cents in the result not exceeding half of 5 cents shall be disregarded.

 

3.5.2   Trainee Apprentices

 

3.5.2.1           Minimum weekly rates of wages for trainee apprentices shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

3.5.2.2           In addition to the above rates, apprentices engaged on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance per week as set out in Item 11 of Table 2 - Additional Margins of Part B, Monetary Rates. This allowance is in consideration of conditions peculiar to construction work which are:

 

3.5.2.2.1        Working in the open and thereby being subjected to climatic conditions, ie. from dust blowing in the wind, brick dust, drippings from concrete, etc;

 

3.5.2.2.2        Sloppy conditions;

 

3.5.2.2.3        Lack of usual amenities associated with factory work, eg meal rooms, change rooms, lockers, etc.

 

3.5.2.2.4        Provided that this allowance shall not apply to ship work or to employees on maintenance work in mixed industries.

 

3.5.2.3           Apprentices engaged on ship repairs shall be paid an additional margin per week as set out in Item 12 of Table 2 - Additional Margins of Part B, Monetary Rates.

 

Provided that where an apprentice is for a period of half a day or longer, away from his/her place of employment for the purpose of receiving tuition, the amount prescribed herein shall be decreased proportionately.

 

3.5.2.4           The total rate of wages for apprentices in this award shall be calculated to the nearest 5 cents, any broken part of 5 cents in the result not exceeding half of 5 cents shall be disregarded.

 

3.5.2.5           In addition to the above rates, apprentices on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance per week as set out in Item 13 of Table 2 - Additional Margins of Part B, Monetary Rates.

 

3.6      The rates of pay in this award include the adjustments payable under the State Wage Case 2007. These Adjustments may offset against:

 

(a)      Any equivalent over-award payments, and/or

 

(b)      Award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments

 

4.  Travel and Expenses

 

4.1      General Conditions

 

4.1.1   Commencing on Job - An employee required to work at a job away from his/her workshop or depot shall, at the direction of his/her employer, present himself/herself for work at such job at the usual time of starting work.

 

4.1.2   Location of Workshop or Depot - Upon the commencement of this award or the commencement of a contract of employment, the employer shall notify the employee of the location of the employee's workshop or depot and such location shall be recorded in the employee's wages record and/or service record.

 

Provided that if it becomes necessary for the location of the workshop or depot to be changed, the employer shall give the employee not less that 14 days notice of such change.

 

4.1.3   Transportation - The employer shall provide or arrange transport where reasonable and necessary for travelling as follows:

 

4.1.3.1           Between jobs; and

 

4.1.3.2           Between the employee's workshop or depot and jobs.

 

4.2      Travel

 

4.2.1   In computing reasonable travelling time and for the purpose of 4.2.3, Excess Travelling Time, the following shall apply:

 

4.2.1.1 Where the employee uses public transport on his/her journey, travelling time shall include all time reasonably spent:

 

4.2.1.1.1        In waiting between public transport connections; and

 

4.2.1.1.2        Between disembarking from public transport and the time of starting work; and

 

4.2.1.1.3        Between finishing work and embarking on public transport.

 

4.2.1.2 Where the employee is required to walk on his/her journey, walking time shall be at the rate of 12 minutes per kilometre.

 

4.2.1.3           Where the employee uses a motor vehicle, other than public transport on his/her journey, travelling time shall be calculated as follows:

 

4.2.1.3.1        Where the journey or portion of the journey is within:

 

4.2.1.3.1.1     48 kilometre radius of the General Post Office, Sydney, or

 

4.2.1.3.1.2     32 kilometre radius of the General Post Office, Newcastle, or

 

4.2.1.3.1.3     The boundaries of the Port Kembla-Wollongong District (see NSW Industrial Gazette, volume 52, Page 783);

 

4.2.1.3.2        At the rate of 2 minutes for each kilometre of the journey.

 

4.2.1.3.3        Where the journey or portion of the journey is outside the area prescribed above, at the rate of 1.25 minutes for each kilometre of the journey.

 

4.2.2   Excess Travelling Time - For the purpose of this clause, excess travelling time is all time reasonably spent by an employee in travelling to or from a job away from his/her workshop or depot in excess of time usually spent by the employee in travelling to or from his/her home and his/her workshop or depot.

 

4.2.3   Excess Travelling Time Payment - An employee shall be paid for excess travelling time at ordinary time rate except on a holiday or Sunday when payment shall be at the rate of time and a half.

 

4.2.4   Travelling Time Payment - To or From Distant Work - An employee travelling to or from distant work shall be paid for all time occupied in such travel at ordinary time rates up to a maximum of 12 hours out of every 24 hours, or, where a sleeping berth is provided, a maximum of 8 hours out of every 24 hours.

 

4.3      Fares and Expenses

 

4.3.1   The employer shall pay for all fares and/or expenses reasonably incurred by an employee in excess of those usually incurred by the employee in travelling between his/her home and his/her workshop or depot.

 

4.3.1.1           Such fares and expenses shall include fares and/or expenses incurred in travelling between the workshop or depot and a job and in a travelling between jobs.

 

4.3.2   Fares and Expenses - Distant Work

 

4.3.2.1           The employer shall pay for any fares and/or expenses incurred in conveying an employee and the employee's tools and such personal belongings reasonably required for his/her personal use to and from distant work.

 

4.3.2.2           Such expenses shall include cost of meals partaken and insurance of personal belongings whilst in transit.

 

4.3.3   Motor Vehicle Allowance - An employer shall pay to an employee a motor vehicle allowance per kilometre as set out in Item 1 of Table 4 - Expense Related Allowances, of Part B, Monetary Rates, as compensation for expenses where the employee, by agreement with his/her employer, uses his/her own motor vehicle in the following cases:

 

4.3.3.1           For the distance of his/her journey which is in excess of the distance of the journey between the employee's home and his/her workshop or depot where the employee starts or finishes work at a job away from his/her workshop or depot.

 

4.3.3.2           For the distance of his/her journey where the employee is recalled to work overtime after leaving his/her employer's business; or

 

4.3.3.3           For the distance of his/her journey in travelling between his/her workshop or depot and a job or between jobs; or

 

4.3.3.4           For the distance of his/her journey in travelling to or from distant work.

 

4.4      Travel and Expenses - Construction and Shipping Work

 

4.4.1   Scope - This section shall apply to employees of electrical contractors who are engaged in shipping work or on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, who are required to start and finish work on the job away from the employer's workshop or depot and to employees hired on a construction site for work on that site.

 

4.4.2   Average Excess Travelling Time - Construction &c. Work

 

4.4.2.1           In lieu of the provisions of 4.2.3, Excess Travelling Time and 4.2.4 Excess Travelling Time Payment, an employee to whom this section applies shall be paid 0.8 hour's pay per day, calculated as prescribed by Clause 3.4, Wage Rates. Such payment shall be made as compensation for average excess travelling time to and from a place of work.

 

4.4.2.2           The average excess travelling payment prescribed in 4.4.2.1 shall be paid in accordance with one of the following payment systems:

 

4.4.2.2.1        Weekly Payment System

 

An employee shall be paid his/her average excess travelling time at the rate of 0.8 hour's pay per day, except where an employee is absent for the whole of a day; or

 

4.4.2.2.2        Average Payment System.

 

So as to avoid fluctuating average excess travelling time payments each week, an employee may be paid according to a weekly average of the daily average excess travelling time rate prescribed by this subsection. Such weekly average excess travelling time rate shall be calculated by multiplying the daily average excess travelling time rate by the number of ordinary days of work in his/her work cycle and then dividing by the number of weeks in his/her work cycle.

 

4.4.2.2.2.1     Formula and Example

 

	Weekly Average Excess Travelling Time Rate
=	Daily average excess travelling time rate x Ordinary days of work per work cycle.
	Divided by weeks per work cycle
=	0.8 hours x 19 days ÷ 4
	3.8 hours weekly average excess travelling time.

 

In such case, where an employee is absent for the whole of a day, the employee shall lose average excess travelling time rate for that day calculated by dividing his/her weekly average excess travelling time rate by five.

 

4.4.2.3 Provided that, where an employee's average daily time of journeys to and from the employee's residence and a place of employment exceeds 3 hours per day, the employee shall be paid 0.8 hour's pay per day, and, in addition, shall be paid at ordinary time rate (except on a Sunday or a holiday when the rate shall be time and a half for the average daily journey time which exceeds 3 hours per day).

 

4.4.2.4           Provided always that the provisions of 4.4.2.3 shall not apply where:

 

4.4.2.4.1        at the time of employment; or

 

4.4.2.4.2        because an employee changes his/her place or residence after employment;

 

the employees average daily time or journey to and from the employee's residence and a place of employment exceeds 3 hours per day.

 

4.4.2.4.3        in such cases, the employer and the employee must commit to writing an acknowledgment that the provisions of 4.4.2.3 shall not apply.

 

4.4.2.5           Provided further that this subsection shall not inhibit the provisions of definition 2.5.5. Distant Work.

 

4.4.3   Average Excess Fares - Construction Work, etc.

 

4.4.3.1           In lieu of the provisions of paragraph 4.3.1 and subparagraph 4.3.3.1 of this clause, employees to whom this section applies shall be paid an allowance per day as set out in Item 2 of Table 4 - Expense Related Allowances, of Part B, Monetary Rates, as compensation for average excess fares to and from the places of work.

 

4.4.3.2           The average excess fares payment prescribed in subclause 4.4.3.1 shall be paid in accordance with one of the following payment systems:

 

4.4.3.2.1        Weekly Payment System - An employee shall be paid his/her average excess fares at the rate per day as set out in Item 2 of Table 4 - Expense Related Allowances, of Part B, Monetary Rates except where an employee is absent for the whole of a day; or

 

4.4.3.2.2        Average Payment System -

 

4.4.3.2.2.1     So as to avoid fluctuating average excess fares payments each week, an employee may be paid according to a weekly average of the daily average excess fares rate prescribed by this subparagraph. Such weekly average excess fares rate shall be calculated by multiplying the daily average excess fares rate by the number of ordinary days of work in his/her work cycle and then dividing by the number of weeks in his/her work cycle.

 

4.4.3.2.2.2     Formula and Example -

 

	Weekly Average Excess Fares Rate
=	Daily average excess fares rate x ordinary days of work per work cycle divided by weeks per work
	cycle.
=	amount as prescribed in Item 2 of Table 4 - Expense Related Allowances, of Part B, Monetary
	Rates x 19 divided by 4
=	amount as prescribed in Item 3 of Table 4 - Expense Related Allowances, of Part B, Monetary
	Rates, weekly average excess fares (rounded up to nearest cent).

 

In such case, where an employee is absent for the whole of a day, the employee shall lose average excess fares rate for that day, calculated by dividing his/her weekly average excess fares rate by five.

 

4.4.3.3           The allowance prescribed by this paragraph shall not be payable if the employer provides or offers to provide transport from the employee's home or another agreed location to the job and return, free of charge to the employee. The employee's home for this purpose shall include a place where an employee camps or where he/she is temporarily living.

 

4.4.3.4           Provided that where an employee is engaged on distant work and resides on the site of the job or within 10 minutes walking distance of the job, he/she shall not be entitled to the allowance prescribed in this paragraph.

 

4.4.4   Workshop - For the purpose of this section "Workshop" shall mean a company head office, branch office and any established workshop except that which may be located on the job.

 

4.5      Civil Engineering Works and Camps

 

4.5.1   Scope - This section shall apply to the following:

 

4.5.1.1           Government Works - An employee engaged on work in connection with the construction and/or maintenance of water supply and sewerage works, bridges or water conservation and irrigation works, harbour and reclamation works carried out by Government Authorities, or

 

4.5.1.2           Camps - An employee who is required to camp either by direction of the employer or because no reasonable transport facilities are available to him/her to proceed to and from his/her home each day.

 

4.5.2   Travelling Time and Fares - In lieu of the provisions of 4.2.2 - Excess Travelling Time, and 4.2.3 - Excess Travelling Time Payment, and 4.3.1 - Fares and Expenses, and all of 4.4 - Travel and Expenses - Construction and Shipping Work, of this clause, employees to whom this section applies shall be paid the rates and allowed the conditions in respect of travelling time and fares prescribed by the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award published 24 March 2006 (358 I.G. 449), as varied, or by any award replacing the said award.

 

5.  Tools

 

5.1      Provision of Tools - Employers shall continue to provide such tools of trade as were customarily provided at the time of the making of this award.

 

5.2      Power Tools &c - An employer shall provide for the use of tradespersons and apprentices all power tools, special purpose tools, precision measuring instruments and electrical measuring and/or testing instruments where the use of such equipment is reasonable and necessary.

 

5.3      Tool Allowance

 

5.3.1   For tools not customarily provided by the employer at the date of commencement of this award, but which are ordinarily required by the tradespersons and apprentices for the performance of their duties and are supplied by an employee, an allowance per week as set out in Item 14 of Table 2 - Additional Margins of Part B, Monetary Rates shall be paid subject to the employee maintaining an adequate kit of tools.

 

5.3.2   Such allowance shall be paid for all purposes of the award.

 

5.4      Carrying Tools etc - An employee shall not be required to carry tools and/or materials exceeding 20 kilograms in weight to or from the job.

 

5.5      Storing Employee's Tools - At each workshop or depot and at each job site an employer shall provide suitable free storage accommodation for employee's tools. An employer shall ensure that such tool storage accommodation is as secure as practicable against unauthorised entry outside working hours.

 

5.6      Damage to Tools - Compensation to the extent of the damage sustained shall be made where, in the course of the work, tools are damaged or destroyed by fire, or molten metal or through the use of corrosive substances; Provided that the employer's liability shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties.

 

5.7      Compensation for Loss of Tools

 

5.7.1   An employer shall on behalf of the employee replace tools lost by breaking and entering whilst securely stored at the employers direction in a room or building on the employers premises, job, workshop or in a lock-up to a maximum trade value as set out in Item 14 of Table 2 - Additional Margins of Part B, Monetary Rates

 

5.7.2   Provided that this subclause shall not apply if the employer has requested the employee to supply him/her with a list of tools required to be kept on the job and the employee has not supplied such a list. The employer has the right to inspect the employee's tools at regular intervals to ensure that they match the list supplied by the employee and that they match the requirements of the job.

 

5.7.3   In all cases, the employee shall be liable to pay the amount as set out in Item 14 of Table 2 - Additional Margins of Part B, Monetary Rates for each claim for compensation.

 

6.  Payment of Wages

 

6.1      Pay Day

 

6.1.1   Subject to any custom existing at the time of making this award, wages, allowances and expenses shall be paid weekly.

 

6.1.2   The pay period for the payment of wages, allowances and expenses shall end at the usual time of ceasing work not more than 2 clear ordinary working days prior to the commencement of pay day.

 

6.1.3   Provided that in any week in which a public holiday falls on the normal pay day, wages shall be paid in that week one day prior to such public holiday.

 

6.1.4   In the event that an employee, by virtue of the arrangement of his/her ordinary working hours, is to take a day off on a day which coincides with pay day, such employee shall be paid not later than the working day immediately following pay day. Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

 

6.2      Statement of Weekly Wage Rates

 

6.2.1   On or prior to pay day, the employer shall provide each employee with a statement showing all written particulars as required by section 123(2) of the Industrial Relations Act 1996 which are as follows:

 

6.2.1.1           The name of the employee.

 

6.2.1.2           If the remuneration of the employee is set by an industrial instrument - the classification of the employee under that instrument.

 

6.2.1.3           The date on which the payment was made.

 

6.2.1.4           The period of employment to which the payment relates.

 

6.2.1.5           The gross amount of remuneration (including overtime and other payments).

 

6.2.1.6           The amount paid as overtime or such information as will enable the employee to calculate the amount paid as overtime.

 

6.2.1.7           The amount deducted for taxation purposes.

 

6.2.1.8           The amount deducted as employee contributions for superannuation purposes.

 

6.2.1.9           The particulars of all other deductions.

 

6.2.1.10         The net amount paid.

 

Or as otherwise prescribed by section 123 (2) of the Industrial Relations Act 1996.

 

6.3      Calculation of Weekly Wage Rates

 

6.3.1   Weekly Payment System - Where an employee works a fixed weekly hours system of work as prescribed by 18.5.1.1, the employee's payment system shall be for the actual ordinary hours worked.

 

6.3.2   Average Payment System.

 

6.3.2.1           Where an employee works an average weekly hours system of work as prescribed by 18.5.1.2, and, subject to any payment systems utilised by employers at the time of making this award, an employee in any particular week of a work cycle shall be paid wages on the basis of an average of 38 ordinary hours per week in each work cycle so as to avoid fluctuating weekly wage payments.

 

6.3.2.2           In such a case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rate for the employee classification in clause 3 of this award. Under the averaging system, the employee accrues a 'credit' each day he works actual ordinary hours in excess of the daily average which would otherwise be 7 hours 36 minutes.

 

6.3.2.3           As provided in 6.3.2.2 of this subclause, an employee will not accrue a credit for each day he/she is absent from duty other than on annual leave, long service leave, public holidays, paid sick leave, workers compensation or bereavement leave.

 

6.3.3   An employee whose ordinary hours are arranged in accordance with Clause 18.5.1.2 of this award and who is paid wages in accordance with subclause 6.3.2 hereof and is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers compensation or bereavement leave) shall for each day he/she is so absent lose average pay for that day by dividing his/her average weekly rate by 5. An employee who is so absent from duty for part of a day shall lose average pay for each hour or part thereof he/she is absent from duty at an hourly rate calculated by dividing his/her average daily pay rate by 8.

 

6.3.4   Provided when such an employee is absent from duty for a whole day he/she will not accrue a 'credit' as he/she would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which he/she would otherwise have been paid. The amount by which an employee's average weekly pay will be reduced when he/she is absent from duty (on other than an authorised absence) is to be calculated as follows:

 

6.3.4.1           Total of credits not accrued during cycle multiplied by the average weekly pay and divided by 38 hours.

 

6.4      Methods of Payment of Wages

 

6.4.1   Wages may be paid in cash or into one account in the name of the employee (whether or not jointly with another person) at a bank or other financial institution in New South Wales by electronic transfer of funds or other means.

 

6.4.2   Where an employee has their wages paid into an account by electronic transfer of funds or other means, wages shall be deposited by the employer in sufficient time to ensure that wages are available for withdrawal by employees by no later than pay day.

 

6.4.3   Subject to section 117 of the Industrial Relations Act 1996 the method of payment of wages in the establishment may also be varied to include cheque payable to the employee.

 

6.4.4   An employee, whose wages are paid by means other than electronic funds transfer, kept waiting for his/her wages on pay day for more than 15 minutes after the usual time for ceasing work shall be paid at overtime rates after that 15 minutes. Adjustments of wages shall be rectified on the next following pay day.

 

6.4.5   If wages are not paid on pay day, except where the default has not been caused by the employer, a penalty payment of 2 hours at ordinary rates shall be incurred and shall be paid together with the normal pay by mid-day on the next working day pay day.

 

6.4.6   In the event than an employee, by virtue of the arrangement of his/her ordinary working hours, is to take a day off on a day which coincides with pay day, such employee shall be paid not later than the working day immediately following pay day. Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

 

6.5      Payment of Wages on Termination

 

6.5.1   Upon termination of employment wages which are due to an employee shall be paid on the day of such termination or forwarded to him/her by post on the next working day.

 

7.  Living Away on Distant Work

 

7.1      Board and Lodging

 

7.1.1   Living Away Allowance - On distant work the employer shall, subject to the provisions of subclause 7.1.2 of this clause, provide reasonable board and lodging or pay a living away allowance per week as set out in Item 4 of Table 4 - Expense Related Allowances of Part B, Monetary Rates, but such allowance shall not be wages. In the case of broken parts of a week occurring at the beginning or end of a period of distant work the allowance shall be all living expenses, actually and reasonably incurred, but not exceeding the said amount.

 

7.1.2   Standard of Board and Lodging - Reasonable board and lodging for the purpose of this clause shall mean lodging in a well-kept establishment with adequate furnishing, good bedding, good floor coverings, good lighting and heating in either a single room or a twin room if a single room is not available, with hot and cold running water.

 

7.2      Regular Return Home

 

7.2.1   Except as hereinafter provided an employee on distant work shall, where practicable, be allowed to return home for the weekend at least once a month. Where the employee so returns home, all reasonable travelling expenses incurred shall be reimbursed by the employer provided that the employee presenting himself/herself for work at the site at the normal starting time on the next working day.

 

7.2.2   The travelling expenses prescribed by this subclause shall not be payable to an employee receiving the living away from home allowance prescribed by subclause 7.1.1 of this clause.

 

7.3      Camps

 

7.3.1   Scope - Where an employer is engaged in projects:

 

7.3.1.1           Which are located in areas where reasonable board and lodging as defined in subclause 7.1.2 of this clause is not available; or

 

7.3.1.2           Where the size of the workforce is in excess of the available accommodation; or

 

7.3.1.3           Where there are continuous concrete pour requirements; or

 

7.3.1.4           Where the working of shifts necessitates camp accommodation;

 

His/her employees shall be provided with camp facilities constructed and maintained in accordance with the requirements of paragraph 7.3.2 of this subclause.

 

7.3.2   Camp Facilities

 

7.3.2.1           Such an employer shall provide accommodation in single rooms, or twin rooms where single rooms are not available, fitted with suitable sleeping accommodation, including mattress, pillow and blankets. Each room shall be of not less than 14 cubic metres per person, and shall have a timber floor with floor covering provided. Each room shall be fitted with a door and movable window of reasonable dimensions and shall be furnished with a table or suitable substitute therefore, a seat or seats and wardrobe for each person. The windows shall be fitted with gauze screens. Each room shall be ceiled and lined. Good artificial lighting shall be provided, a verandah shall be constructed in front of each room. Where reasonably required, provision shall be made for the heating of rooms. Provision shall be made in the camp for suitable washing facilities, including hot and cold showers. Suitable provision shall be made for 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.

 

7.3.2.2           In such camp, messing shall be made available by the employer with provision for a choice of meals.

 

7.3.2.3           An employee who is accommodated as prescribed by paragraph 7.3.2 of this subclause shall not be eligible for the payment of the allowance prescribed by subclause 7.1.1 of this clause.

 

7.3.3   Camping Allowance

 

7.3.3.1           Employees who are required to camp in accordance with the provisions of paragraph 7.3.1 of this subclause shall be paid a camping allowance per day as set out in as set out in Item 5 of Table 4 - Expense Related Allowances of Part B, Monetary Rates, for each day that the employee finds it necessary to remain in camp.

 

7.3.3.2           Provided that an employee shall not be entitled to the allowance as prescribed in subparagraph 7.3.3.1 of this paragraph for any working day on which he/she is absent from duty except in cases of sickness or for any reason beyond his/her own control.

 

7.3.3.3           Provided further that, if an employer elects to provide full board and suitable camp lodging, the allowance prescribed herein shall not be payable.

 

7.3.4   Accommodation Disputes - Any dispute concerning the standards of accommodation or camp facilities prescribed by this clause shall be notified to the employer within one month.

 

7.4      Distant Work Defined - For the purpose of this award, distant work is that in respect of which the distance or the travelling facilities to and from such place of work make it reasonably necessary that the employee should live and sleep at some place other than his/her usual place of residence at the time of commencing such work.

 

8.  Contract of Employment

 

8.1      Weekly Employment

 

8.1.1   Weekly Employment - Except as provided in 8.2, Casual Employment, of this clause, employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

 

8.1.1A Probationary Employment

 

All weekly employees will be initially engaged for a three month period of probationary employment for the purpose of determining the employee’s suitability for ongoing employment.

 

8.1.1A.1        An employee on probation may be terminated during the probation period by one week’s notice on either side or by payment in lieu thereof.

 

8.1.1A.2        The probation period forms part of an employee’s service for all purposes of this award except where otherwise specified in this award.

 

8.1.2   Termination of Employment

 

8.1.2.1           Employment shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture of a week's wage as the case may be, except where the circumstances of termination of employment fall within the provisions of clause 11, Redundancy and Technological Change.

 

8.1.2.2           Where the employee has given or been given notice as aforesaid he/she shall continue in his/her employment until the date of the expiration of such notice. An employee who having given or been given notice as aforesaid and without reasonable cause (proof of which shall lie on him/her) absents himself/herself from work during such period shall be deemed to have abandoned his/her employment and shall not be entitled to payment for work done by him/her within that period.

 

8.1.2.3           Provided that where an employer has given notice as aforesaid, an employee on request shall be granted leave of absence without pay for one day in order to look for alternative employment.

 

8.1.2.4           Notwithstanding the provisions of 8.1.2.1, the employer shall have the right to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases, the wages shall be paid up to the time of dismissal only.

 

8.2      Casual Employment

 

8.2.1   Casual Employment - A casual employee is one engaged and paid as such.

 

8.2.2   Duration of Casual Employment - Except by mutual agreement between the employer and the employee a casual employee shall, after 2 weeks' employment, be deemed to be a weekly employee whose terms of employment shall forthwith be as prescribed by 8.1.1 - Weekly Employment, of this clause.

 

8.2.3   Casual Employment Additional Rate - A casual employee shall be paid 12 per centum of the weekly rate prescribed by clause 3.4, Wages Rates (except for 3.4.1.3 of the said Clause) in addition to the weekly wage rate prescribed by this award for the work which he/she performs. The casual employment additional rate shall be paid for all purposes of the award.

 

8.2.4   Minimum Payment - A casual employee who is requested to report for work shall be paid a minimum of 4 hours' pay.

 

8.2.5   Bereavement entitlements for casual employees

 

8.2.5.1           Subject to evidentiary and notice requirements in subclause 24.3.2 casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 24.4.1.3.2 of clause 24.4 Personal/Carers Leave.

 

8.2.5.2           The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

8.2.5.3           An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

8.2.6   Personal Carers entitlement for casual employees

 

8.2.6.1           Subject to evidentiary and notice requirement in 24.4.1.2 casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 24.4.1.3.2 who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

8.2.6.2           The employer and employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

8.2.6.3           An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

8.3      General

 

8.3.1   Scope - This section shall have application to weekly and casual employees.

 

8.3.2   Absence from Duty - An employee (other than an employee who has given or received notice in accordance with this Clause) not attending for duty shall except as provided by clauses 22, Sick Leave, 23, Annual Leave and 24, Other Leave, of this award, lose his/her pay for the actual time of such non-attendance.

 

8.3.3   Standing Down of Employees - The employer shall have the right to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppages of work by any cause for which the employer cannot reasonably be held responsible.

 

8.3.4   Abandonment of Employment

 

8.3.4.1 The absence of an employee from work for a continuous period exceeding 3 working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned his/her employment.

 

8.3.4.2 Provided that if within a period of 14 days from his/her last attendance at work or the date of his/her absence in respect of which notification has been given or consent has been granted, an employee has not established to the satisfaction of his/her employer that he/she was absent for reasonable cause he/she shall be deemed to have abandoned his/her employment.

 

8.3.4.3 Termination of employment by abandonment in accordance with 8.3.4 shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.

 

9.  Working Within Skills Competency and Training

 

9.1      An employer may direct an employee to carry out such duties as are within the limits of the employees skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling.

 

9.2      An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

 

9.3      Any direction issued by an employer pursuant to 9,1 and 9.2 shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

 

10.  Consultative Mechanism

 

10.1    Enterprises shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

 

11.  Redundancy and Technological Change

 

11.1    Application

 

11.1.1 This clause shall apply in respect of full time and part-time employees.

 

11.1.2 Further, this clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of Clause 11.4 of this award.

 

11.1.3 Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

11.1.4 Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

11.2    Introduction Of Change

 

11.2.1 Employer’s duty to notify

 

11.2.1.1         Where an employer has made a definite decision to introduce changes in production, programme, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

11.2.1.2         "Significant effects" include termination of employment, major changes in the composition, operation or size of the employers workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or location and the restructuring of jobs.

 

11.2.1.3         Provided that where the award specified in clause 11.1.1 makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

11.2.1.4         Provided further that the normal rights of employers to transfer or relocate employees from site to site, except where that relocation or transfer involves a workshop or depot, shall be deemed not to have a significant effect.

 

11.2.2 Employer's duty to discuss change

 

11.2.2.1         The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause 11.2.1 above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

11.2.2.2         The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in subclause 11.2.1 of this clause.

 

11.2.2.3         For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees. Provided that any employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.

 

11.3    Redundancy

 

11.3.1 Discussions before terminations

 

11.3.1.1         Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to paragraph 11.2.1.1 and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

11.3.1.2         The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of paragraph 11.3.1.1 of this subclause and shall cover, inter alia, any reasons for the proposed termination and measures to mitigate any adverse effects of any termination of the employees concerned.

 

11.3.1.3         For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.

 

11.4    Termination Of Employment

 

11.4.1 Notice for Changes in Production, Programme, Organisation or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with paragraph 11.2.1.1 of this clause.

 

11.4.1.1         In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

11.4.1.2         In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.

 

11.4.1.3         Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

11.4.2 Notice for Technological Change

 

This subclause sets out the notice to be applied to terminations by the employer for reasons arising from "technology" in accordance with paragraph 11.2.1.1 of this clause:

 

11.4.2.1         In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

11.4.2.2         Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

11.4.2.3         The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

11.4.3 Time off During the Notice Period

 

11.4.3.1         During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

 

11.4.3.2         If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

11.4.4 Employee leaving during the notice period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

11.4.5 Statement of Employment

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

11.4.6 Notice to Centrelink

 

Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number of categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

11.4.7 Centrelink Employment Separation Certificate

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Centrelink.

 

11.4.8 Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph 11.2.1.1 of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment has been terminated, and the employer may at the employer's option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

 

11.4.9 Severance Pay

 

Where an employee is to be terminated pursuant to clause 11.4 of this award, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

 

11.4.9.1         If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

11.4.9.2         Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service	45 Years of Age and Over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

11.4.9.3         "Week’s pay" means the ordinary time gross all purpose rate of pay for the employee concerned at the date of termination.

 

11.4.9.4         Service as an apprentice will only be taken into account for the purposes 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 twelve months.

 

11.4.9A         Funding Severance Pay

 

11.4.9A.1       An employer bound by this award may utilise a fund to meet all or some of the liabilities created by clause 11.4.9. Where an employer utilises such a fund, the employer shall be required to make contributions to the fund of the amount notified to the trustee of the fund, or if no amount is notified, at the rate set by the trustee of the fund from time to time in respect of those employees covered by this clause and for the period the employer so remains in the fund.

 

11.4.9A.1.1    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

 

11.4.9A.1.2    where a fund, which has been established pursuant to an agreement between the union and employer(s), does not make payments in accordance with the other provisions of this clause, but makes payments that are greater than the obligation elsewhere in 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 elsewhere 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 be entitled to the fund benefit or the benefit elsewhere in this clause, whichever is greater, but not both.

 

11.4.9A.2       Nothing in subclause 11.4.9A.1 shall be construed so as to reduce or remove the severance payment an employee would be entitled to receive pursuant to this Award.

 

11.4.9A.3       Nothing in subclause 11.4.9A.1 shall be construed so as to reduce or remove the fund benefits an employee would be entitled to receive from a fund which are greater than the severance payment an employee would be entitled to receive pursuant to the other provisions of this Award.

 

11.4.9A.4       Nothing in this clause shall be construed so as to create more than one entitlement to a severance payment for the same service pursuant to this Award.

 

11.4.10          Incapacity to pay

 

11.4.10.1        Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 11.4.9 above.

 

11.4.10.2        The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 11.4.9 above will have on the employer.

 

11.4.11          Alternative Employment

 

11.4.11.1        Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 11.4.9 above if the employer obtains acceptable alternative employment for an employee.

 

12.  Superannuation

 

12.1    Definitions

 

12.1.1 "NESS" means the New South Wales Electrical Superannuation Scheme No. 1

 

12.1.2 "Ordinary Time Earnings" For Superannuation

 

12.1.2.1         For the purposes of the Superannuation Guarantee (Administration) Act 1992, an employee’s ordinary time earnings shall be:

 

(a)      Weekly minimum wage rates prescribed by subclause 3.1

 

(b)      Additional Margins prescribed by subclause 3.3

 

(c)      Tool allowance prescribed by subclause 5.3

 

(d)      Travel time payments prescribed by subclause 4.2

 

(e)      Average excess travelling time - construction &c. work prescribed by subclause 4.4.2

 

(f)       The 12% Casual additional rate prescribed by subclause 8.2.3

 

(g)      Special rates prescribed by Clause 15

 

(h)      Multi-Storey Allowance prescribed by Clause 16

 

(i)       Distant Places Allowance prescribed by Clause 17

 

(j)       Public holiday payments pursuant to Clause 20

 

(k)      Annual leave payments prescribed by subclauses 23.1 and 23.2

 

(l)       Shift allowances prescribed by subclause 21.6

 

(m)     Sick leave paid pursuant to Clause 22

 

(n)      Bereavement Leave prescribed by subclause 24.3.1

 

(o)      First Aid Allowance prescribed by subclause 28.3

 

(p)      Over-Award payments.

 

12.1.2.2         Ordinary time earnings for the purposes of this clause shall not include:

 

(a)      Overtime payments

 

(b)      Living Away Allowance payable pursuant to subclause 7.1.1

 

c)        Fares and excess fares allowances payable pursuant to Clause 4

 

(d)      Workers’ Compensation payments

 

(e)      Annual leave loading payable pursuant to subclause 23.3

 

(f)       Redundancy payments payable pursuant to subclause 11.4.9

 

(g)      Payments in lieu of notice payable pursuant to subclause 11.4.1 and subclause 8.1.2

 

(h)      Entitlements paid upon termination of employment

 

(i)       Fringe benefits tax benefits

 

12.2    Contributions

 

12.2.1 Contributions for Employees: Subject to Clause 12.3 Exemptions, an employer shall make superannuation contributions to NESS on behalf of each employee.

 

12.2.2 Rate of Contribution: An employer shall, on behalf of each employee, make a superannuation contribution equivalent to the rate prescribed by the Relevant superannuation legislation and regulations of such employee's ordinary time earnings each week.

 

12.2.3 Casual Employees:  An employer is not required to make superannuation contributions on behalf of a casual employee whose ordinary time earnings in respect of a calendar month is less than $450.00 or such other monetary amount as is from time to time prescribed under subsection 2 of section 4 of the Relevant superannuation legislation and regulations.

 

12.2.4 Monthly Contributions: Each employer must furnish a contribution return to NESS at the end of each month showing contributions paid for each employee. The contributions are due and payable within fourteen (14) days following the month such contributions were due.

 

12.3    Exemptions

 

12.3.1 The requirement to make superannuation contributions to NESS shall not apply in the following circumstances:

 

12.3.2 To employers who are making superannuation contributions on behalf of their employees to the Construction and Building Unions Superannuation Scheme (C + BUS).

 

12.3.3 To employers who, prior to 8 February 1994, were contributing to a superannuation scheme for their employees where the existing scheme complied with the requirement of the Commonwealth Occupational Superannuation Standards Act 1987 and the Occupational Superannuation Standards Regulations.

 

12.4    Wage Sacrifice to Superannuation

 

12.4.1 An employee may elect in lieu of being paid an amount of wages to have an equivalent amount paid by way of Superannuation contributions.

 

12.4.2 Where an employee has elected to have an amount paid by way of Superannuation contributions in lieu of wages, any allowance, penalty, payment for unused leave entitlements, weekly workers compensation or other payment, other than any payment for leave taken in service to which an employee is entitled under this Award or any applicable award, act or statute which is expressed to be determined by reference to any employee’s wage, shall be calculated by reference to the actual wages paid to the employee and the amount paid under clause 12.4.1 by way of Superannuation contributions.

 

12.4.3 Any superannuation contributions paid under clause 12.4 shall be paid to the superannuation fund to which the employer is required to contribute in accordance with clause 12.2 and 12.3.

 

12.4.4 The employee may make an election to have an amount paid by way of Superannuation contributions in lieu of wages on joining the employer and thereafter may alter the amount paid by way of Superannuation contributions under clause 12.4 with effect from 30 June or 31 December in each year.

 

12.4.5 An election to have superannuation contributions paid in lieu of an amount of wages shall be in writing and may only be made with the consent of both the Employer and Employee.

 

13.  Prohibitions

 

13.1    Improvers Prohibited: No improvers shall be employed in any of the occupations covered by this award for which an apprenticeship is provided.

 

13.2    Piecework Prohibited: Piecework and/or contracts for labour only or substantially for labour only are prohibited. Such prohibition, however, shall not apply to labour only or substantially labour only contracts where the contractor employs tradespersons in accordance with the terms of this award in carrying out the contracts.

 

13.3    Payment by Results Prohibited: Any system of payment by results in the electrical contracting industry is prohibited.

 

13.3.1 Provided that an employer and the union may agree on any variation to this subclause to apply to the employer's establishment.

 

14.  Apprentices

 

14.1    See Apprenticeship and Traineeship Act 2001.

 

14.1.1 Apprenticeship training matters are regulated under the provisions of the abovementioned Act, and regulations, vocational training orders and vocational training directions made under the Act.

 

14.2    Apprentices Wage Rates

 

14.2.1 The minimum rate of wages for apprentices are prescribed in Clause 3.5 of this award.

 

14.2.2 Where an apprentice working under a particular work cycle in accordance with Clause 18.5.1.2.1 or 18.5.1.2.2 is required to attend a registered training organisation on a Rostered Day Off, he/she shall be afforded another ordinary working day off as substitution for the Rostered Day Off. Any substituted day must be taken in the current or next succeeding work cycle.

 

14.2.3 An apprentice to whom clause 20.2 Picnic Day applies and, in accordance with the provisions of this award who is required to attend a registered training organisation on picnic day shall attend a registered training organisation on such day and shall be paid at ordinary rates for the time of such attendance at a registered training organisation.

 

14.2.4 Provided that, within one calendar month of Picnic Day, the apprentice shall be granted time off work without loss of pay equal to the time of attendance at a registered training organisation on Picnic Day, such time to be fixed by mutual agreement between the employer and the apprentice.

 

14.2.5 Provided further that, where the apprentice is not granted time off work in lieu of the equivalent time of attendance at a registered training organisation on Picnic Day, the apprentice shall be paid time and one half extra for such time.

 

14.3    Prohibition of Premiums - No employer shall, either directly or indirectly, or by any pretence or device, receive from any person, or require, or permit any person, to pay or give any consideration, premium, or bonus for the taking or binding of any probationer or apprentice.

 

14.4    Apprenticeship Trades

 

14.4.1 An employer shall not employ juniors in the following trades otherwise than under an indentured apprenticeship or trainee apprenticeship as hereinafter provided.

 

14.4.1.1         Electrical Trade (Mechanic), or

 

14.4.1.2         Electrical Trade (Fitter/Mechanic), or

 

14.4.1.3         Electrical Trade (Fitter), or

 

14.4.1.4         Electrical Trade (Instruments), or

 

14.4.1.5         Electrical Trade (Powerlines), or

 

14.4.1.6         Electronics Trade (Communication), or

 

14.4.1.7         Electronics Trade (Entertainment/Office Equipment), or

 

14.4.1.8         Electronics Trade (Scanning & Detection), or

 

14.4.1.9         Instrument Trade (Industrial/Scientific), or

 

14.4.1.10        Refrigeration/Air-Conditioning Trade (Mechanic) Refrigeration Mechanic and/or Serviceperson, or

 

14.4.1.11        Automotive Trades (Automotive Electrician).

 

14.4.2 Probationary Period - An employer shall not employ a person as a probationary apprentice for a period of, or for periods totalling, more than 3 months, otherwise than with the consent of the Commissioner for Vocational Training.

 

14.5    Proportion

 

14.5.1 An employer shall not employ apprentices in excess of the proportion hereinafter prescribed:

 

14.5.1.1         In the trade of electrical fitter - one apprentice to every three or fraction of three tradespersons.

 

14.5.1.2         In the trade of electrical mechanic - one apprentice to each electrical mechanic licensed as a Qualified Supervisor (Electrical).

 

14.5.1.3         In all other trades - one apprentice to each appropriate tradesperson.

 

14.5.2 It is the intention of the parties to this Award that in such cases the apprentice would be rotated between tradespersons.

 

14.6    Termination of Employment - Trainee Apprentices

 

14.6.1 Termination of employment of trainee apprentices shall be in accordance with the provisions of Clause 8.1.2.

 

14.7    Attendance at a Registered Training Organisation

 

14.7.1 Each apprentice shall be allowed by the employer time off, without loss of pay, during ordinary working hours for the purpose of attending for instruction at a registered training organisation.

 

14.7.2 In no case shall the total time allowed for such instruction exceed 864 hours.

 

14.7.3 Where it is necessary for an apprentice to travel from the workshop to such a registered training organisation, or vice versa, reasonable travelling time shall be allowed without deduction of pay. Where reasonable travelling time is disputed, the employer or employee may submit such case for determination by the Industrial Relations Commission of NSW.

 

14.7.4 Each apprentice who receives time off from work and absents himself from such study or class, shall not be paid for such time lost, except where such absence falls within the provisions of clause 22, Sick Leave.

 

14.7.5 Each apprentice shall conform to any system in operation or which shall be placed in operation at a registered training organisation for the purpose of recording his/her hours of attendance and to produce the following day, on request by the employer, the attendance card or other evidence endorsed by a registered training organisation.

 

14.7.6 Any time occupied by an apprentice during ordinary working hours, including the time occupied by him in travelling from the workshop to such a registered training organisation or vice versa, in attending such a registered training organisation, shall be calculated as part of the time served under his/her apprenticeship.

 

14.7.7 The fees for attending such a registered training organisation or correspondence class shall be paid by the employer by whom the apprentice is employed. Such fees shall be paid at the beginning of each a registered training organisation term.

 

14.7.8 Any time lost by suspension shall be made up by the apprentice at the end of each year of apprenticeship.

 

14.7.9 Notwithstanding the aforementioned, an apprentice with the consent of the employer may attend an appropriate certificate, diploma or degree course, conducted by a Government institution, in lieu of the trade course. The obligation of the employer in regard to:

 

14.7.9.1         Time off to the apprentice for study in any such course shall be limited to the duration of the appropriate trade course.

 

14.7.9.2         Fees payable in respect of an apprentice undergoing study in the certificate, diploma or degree course shall be limited to those prescribed for the appropriate trade course.

 

Where an apprentice is undertaking a course in lieu of the trade course in accordance with this subclause, the employer shall notify the Commissioner for Vocational Training each year of the name of the course and the institution where the apprentice is enrolled and his/her progress in that course.

 

15.  Special Rates

 

15.1    Disability Rates

 

In addition to the wage rates as prescribed by clause 3, Wages, the following disability rates and allowances and additional rates and allowances shall be paid:

 

15.1.1 Dirty Work: Where conditions are unusually offensive or more injurious to clothing than the ordinary workshop conditions, a dirty work allowance as set out in Item 1 of Table 3 - Additional Allowances of Part B, Monetary Rates per hour shall be paid.

 

15.1.1.1         Such conditions (without limiting the definition) may be found in holds, stokeholds, engine rooms, about boilers, forecastles, galleys and other rooms, and on or about mast head lights of ships that have been in commission.

 

15.1.1.2         Unless it can be shown that the conditions appertaining to any particular job done in connection with such works are not dirtier than the ordinary workshop conditions then the following shall be considered dirty work;

 

15.1.1.2.1       Work done at the following places: Wool scouring works, tanneries, boiling down works, sugar works, galvanising works, lead works, paint works, smelting works, converting cyaniding and all dry crushing and/or grinding plants, sanitary works, fertiliser works, chemical works, abattoirs, knackeries, slaughter yards, cement works, mines and/or at pit tops.

 

15.1.1.2.2       Work done on or in the following:

 

15.1.1.2.2.1    The space between the ceiling and roof of a building that has been occupied.

 

15.1.1.2.2.2    The space between the ceiling and the floor above of a building that has been occupied.

 

15.1.1.2.2.3    The space between the earth and the floor above of any building.

 

15.1.1.2.3       The following work:

 

15.1.1.2.3.1    Operating a power tool to cut or groove (ie - chase) brickwork, plaster, rockwork, concrete and other masonry work.

 

15.1.1.2.3.2    On repairs to electrically driven vehicles that have been in use.

 

15.1.1.2.3.3    On repairs to smoke boxes, fire boxes, uptake funnel, flue, furnace or combustion chamber of a locomotive, marine, or other type of boiler.

 

15.1.1.2.3.4    On repairs in oil tanks or meat digesters.

 

15.1.1.2.3.5    On repairs to incinerators and/or incinerating devices which have been in use.

 

15.1.1.2.4       For ship repair work which a foreman and workman shall agree is of an unusually dirty or offensive nature the dirty work allowance per hour shall be as set out in Item 2 of Table 3 -Additional Allowances of Part B, Monetary Rates.

 

15.1.2 Confined Spaces: An employee working in a confined space (as defined in Clause 2, Definitions) shall be paid a confined space allowance per hour as set out in Item 3 of Table 3 - Additional Allowances of Part B, Monetary Rates.

 

15.1.3 Insulating Material - Temperature, Sound etc: An employee handling silicate of cotton, slag wool, rock wool or glass fibre wool for the purpose of insulation or who it is agreed between the employer and the employee is working in the immediate vicinity so as to be affected by the use thereof shall be paid an insulation material allowance per hour as set out in Item 4 of Table 3 - Additional Allowances of Part B, Monetary Rates. Such allowance shall be paid for the remainder of the day or shift after the time that it first become payable.

 

15.1.4 High Places

 

15.1.4.1         An employee working on a building or structure of a height of 15 metres or more directly above a substantial level surface shall be paid a height allowance per hour as set out in Item 5 of Table 3 - Additional Allowances of Part B, Monetary Rates and an additional amount per hour as set out in the said Item 5 for each further 15 metres increase in the height at which he/she is working.

 

15.1.4.2         An employee working on any building or structure in a bosun's chair or swinging scaffold at a height up to 15 metres directly above a substantial level surface shall be paid a height allowance per hour as set out in Item 5 of Table 3 - Additional Allowances of Part B, Monetary Rates and an additional amount per hour as set out in the said Item 5 for each further 15 metres increase in the height at which he/she is working.

 

15.1.5 Wet Places

 

15.1.5.1         An employee working in any place where his/her clothing or footwear becomes appreciably wet shall be paid a wet place allowance per hour as set out in Item 6 of Table 3 - Additional Allowances of Part B, Monetary Rates.

 

15.1.5.2         Provided that the wet place allowance shall not be payable where the employer provides the employee with suitable protective clothing and footwear.

 

15.1.5.3         Provided further that any employee who becomes entitled to the wet place allowance shall be paid such allowance for such part of the day or shift he/she is required to work in wet clothing or footwear.

 

15.1.6 Hot Places

 

15.1.6.1         An employee working for more than one hour in the shade in places where the temperature is raised to between 46 degrees Celsius and 54 degrees celsius shall be paid a hot places allowance per hour as set out in Item 7 of Table 3 - Additional Allowances of Part B, Monetary Rates.  In places where the temperature exceeds 54 degrees Celsius the hot places allowance shall per hour as set out in the said Item.  Where work continues for more than 2 hours in temperature exceeding 54 degrees Celsius the employee shall be entitled to 20 minutes rest after every 2 hours' work without deduction of pay.

 

15.1.6.2         The temperature shall be decided by the foreperson of the work after consultation with the employee who claims the hot places allowance.

 

15.1.7 Cold Places: An employee working for more than one hour in places where the temperature is reduced by artificial means below 0 degrees Celsius shall be paid a cold places allowance of per hour as set out in Item 8 of Table 3 - Additional Allowances of Part B, Monetary Rates. Where work continues for more than 2 hours in temperature below 0 degrees Celsius the employee shall be entitled to a rest period of 20 minutes after every 2 hours' work without deduction of pay.

 

15.1.8 Explosive Powered Tools: An employee required to use explosive powered tools shall be paid an hourly explosive powered tool allowance of 1/8 of the daily rate with a daily minimum payment as set out in Item 9 of Table 3 - Additional Allowances of Part B, Monetary Rates.

 

15.1.9 Toxic Substances

 

15.1.9.1         An employee required to use toxic substances shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.

 

15.1.9.2         Employees using such materials will be provided with and shall use all safeguards as are required by the appropriate Government authority.

 

15.1.9.3         Employees using toxic substances or materials of a like nature, where such substances or materials are used in quantities of 0.5kg or over, shall be paid per hour extra the amount as set out in Item 10 of Table 3 - Additional Allowances of Part B, Monetary Rates.

 

15.1.9.4         Employees working in close proximity to employees so engaged so as to be affected by the use of such substances or materials shall be paid per hour extra the amount as set out in the said Item 10.

 

15.1.9.5         For the purpose of this subclause toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

 

15.1.10          Underground Work

 

15.1.10.1        An employee required to work underground shall be paid an underground allowance per week as set out in Item 11 of Table 3 - Additional Allowances of Part B, Monetary Rates.

 

15.1.10.2        Where a shaft is to be sunk to a depth greater than 6 metres the payment of the underground allowance shall commence from the surface.

 

15.1.10.3        This allowance shall not be payable to employees engaged upon "pot and drive" work at a depth of 3.5 metres or less.

 

15.1.10.4        The underground allowance prescribed in 15.1.10.1 shall be paid for all purposes of the award.

 

15.1.10.5        In lieu of the underground allowance prescribed by 15.1.10.1, an employee required to work underground for no more than 4 days or shifts in an ordinary week shall be paid an underground allowance of per day or shift as set out in the said Item 11.

 

15.1.10.6        The allowance prescribed by 15.1.10 shall be paid in addition to all applicable margins prescribed by Clause 3, Wages, and any other amount prescribed elsewhere in this award.

 

15.1.11          Submarine Work: Employees required to work in a submarine which has been in commission shall:

 

15.1.11.1        If required to work inside the hull, including the fin and external casing but excepting the compartments referred to in 15.1.11.2, be paid per hour extra the amount as set out in Item 12 of Table 3 - Additional Allowances of Part B, Monetary Rates.

 

15.1.11.2        If required to work in any of the following compartments, be paid an amount per hour as set out in the said Item 12:

 

15.1.11.2.1     Torpedo Tube Compartment.

 

15.1.11.2.2     Ballast Tanks.

 

15.1.11.2.3     Oil Tanks.

 

15.1.11.2.4     Below the main floor plates in main machinery, auxiliary machinery, asdic and battery compartments.

 

15.1.11.3        Provided that where an employee is required to work inside "D", "O" and "R" tanks removing or installing gauges, switches and related circuitry or in an extended position in the space above batteries in the battery compartment, the rate payable under 15.1.11 shall be an amount per hour extra as set out in Item 12 in respect of time so worked.

 

15.1.12          Asbestos Eradication

 

15.1.12.1        Application - 15.1.12 shall apply to employees carrying out electrical work in conjunction with any process of asbestos eradication as defined.

 

15.1.12.2        Definition - Asbestos eradication is defined as work on or about buildings, involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.

 

15.1.12.3        Control - Where an employee is required to carry out electrical work in conjunction with any process of asbestos eradication, then such work shall be conducted in accordance with the New South Wales-

 

15.1.12.3.1     Occupational Health and Safety Act 2000.

 

15.1.12.3.2     Occupational Health and Safety Division 4 Asbestos of the Occupational Health and Safety Regulation 2001.

 

15.1.12.3.3     Occupational Health and Safety Act 2000.

 

15.1.12.3.4     An employee, to whom 15.1.12 applies, shall be paid per hour an amount as set out in Item 13 of Table 3 - Additional Allowances of Part B, Monetary Rates which shall be in lieu of special rates prescribed by 15.1, Disability Rates of this Clause with the exception of 15.1.4 High Places, 15.1.6 Hot Places and 15.1.7 Cold Places of this Clause.

 

15.1.13          Sewerage Ocean Outfall Plants - An employee engaged on electrical installation and maintenance work within the Sydney Water Corporation Sewerage Ocean Outfall Plants at North Head, Bondi and Malabar shall be paid an allowance per hour as set out in Item 14 of Table 3 - Additional Allowances of Part B, Monetary Rates.

 

15.2    Additional Rates

 

15.2.1 Bluescope Steel and Broken Hill Proprietary Co. Ltd Construction Sites.

 

15.2.1.1         Employees of contractors bound by this award engaged on construction work at the construction sites of Bluescope Steel and the Broken Hill Proprietary Co. Ltd at Newcastle shall be paid a construction allowance per week as set out in Item 15 of Table 3 - Additional Allowances of Part B, Monetary Rates. The payment shall be made in compensation for the particular disabilities experienced at these sites.

 

15.2.1.2         An employee in receipt of the construction allowance prescribed by 15.2.3.1 shall not be entitled to any of the other special rates prescribed by this Clause or Clause 16, Multi-Storey Allowance, of this award.

 

15.2.1.3         The construction allowance prescribed by 15.2.1.1 shall be paid for all purposes of the award.

 

15.2.2 Corrective Establishment - An employee who is required to work in a designated maximum security section of a corrective establishment shall be paid per hour as set out in Item 16 of Table 3 - Additional Allowances of Part B, Monetary Rates for each hour so engaged. Such allowance shall be paid in addition to other special rates applicable to the employee under the terms of this award.

 

15.2.3 Construction Sites Generally

 

15.2.3.1         This subclause shall apply to an employee working on a site on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, and

 

15.2.3.2         A member or members of either the Industrial Relations Commission of New South Wales or the Australian Industrial Relations Commission by award or order prescribes a site allowance for conditions pertaining generally on that site to apply to employees of contractors and/or subcontractors who are employed under the terms of an award other than this award, then

 

15.2.3.3         The site allowance so prescribed under 15.2.3.2 shall be deemed to be an allowance prescribed under this award and an employee to whom this award applies shall be paid the site allowance so prescribed.

 

15.2.3.4         Provided that any questions arising from 15.2.3 may be referred to the Industrial Relations Commission of New South Wales for determination.

 

15.3    General

 

15.3.1 Limits to Accumulation: Where more than one of the rates and allowances prescribed by 15.1 Disability Rates, provides payments for disability of substantially the same nature, then only the highest of such rates shall be payable.

 

15.3.2 Rates not Subject to Penalty Addition: Except where otherwise specified, the extra rates herein prescribed shall be paid irrespective of the time at which the work is performed and shall not be subject to any premium or penalty additions.

 

15.3.3 Disputed Claims: In the case of a disagreement between a foreperson and an employee about the entitlement to any of the disability rates and allowances prescribed by 15.1 Disability Rates, of this Clause, the employee shall be entitled within 24 hours to ask for a decision on his/her claim by his/her employer, industrial officer, manager, superintendent or engineer. In such a case, a decision shall be given on the employee's claim within 48 hours of its being made (unless the time expires on a non-working day, in which case it shall be given on the next working day) or else the special rate, allowance or conditions shall be paid or granted. In any case, where the Union is dissatisfied with the decision of the employer, industrial officer, manager, superintendent or engineer it shall have the right to bring such case before the Industrial Relations Commission of New South Wales.

 

16.  Multi-Storey Allowance

 

16.1    Definitions: The following definitions shall be applied to this Clause.

 

16.1.1 "Multi-Storey Building" means a building which, when complete, consists of 5 or more storey levels.

 

16.1.2 "Storey Level" means structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building and shall include basement levels and mezzanine or similar levels (but excluding "half floors" such as toilet blocks or store rooms located between floors).

 

16.1.3 "Floor Level" means that stage of construction which, in the completed building would constitute the walking surface of the particular floor level referred to in 16.4 Scale of Allowances.

 

16.2    Eligibility: An employee shall be paid a multi-storey allowance, in accordance with the provisions of this Clause, to compensate for the disabilities experienced in, and which are peculiar to, work on multi-storey buildings where the employee carries out electrical work either:

 

16.2.1 During a multi-storey building's original construction; or

 

16.2.2 Where a multi-storey building is being renovated by structural alteration to the building (except alteration to demountable partitions), and

 

16.2.2.1         Electrical work is carried out as part of the building's renovation work.

 

16.2.2.2         Electrical work is carried out in conjunction with the work of other building trades who are renovating the building.

 

16.2.2.3         The renovation work extends to more than 2 storey levels, and

 

16.2.2.4         At least part of the renovation work to be carried out is above the 4th storey level.

 

16.2.3 The rate for electrical work in the renovation of a multi-storey building shall be determined by reference to the scale of payment as prescribed by 16.4, of this Clause, appropriate for the highest floor level affected by such work.

 

16.3    Commencing Point of Measurement: The commencing point of measurement shall be the lowest main floor level (including basement floor levels but excluding lift wells and shafts) of the building

 

16.4    Scale of Allowances

 

16.4.1            The allowance to be paid to an employee engaged on the construction of a multi-storey building, shall be in accordance with the scale of allowances prescribed by 16.4.3.

 

16.4.2            An allowance in accordance with 16.4.3 shall be paid to all employees on the building site. The second and subsequent allowance scales shall, where applicable, commence to apply to all employees where one of the following components of the building - structural steel, reinforcing steel, boxing or walls, rises above the storey level first designated in each such allowance scale.

 

16.4.3            Payment shall be as set out in Item 17 of Table 3 - Additional Allowances of Part B, Monetary Rates.

 

16.4.4            Completion Point of Allowance: The allowance payable at the highest point of the building shall continue until completion of the building.

 

17.  Distant Places

 

17.1    Central Section: All employees working in districts west and north of and excluding the Newell Highway No. 39 from Tocumwal to Gilgandra, the Oxley Highway No. 34 from Gilgandra to Tamworth, Trunk Road No. 95 to Yetman and the Bruxner Highway No. 44 to Boggabilla up to the Western Division Boundary and excluding the municipalities through which the road passes, shall be paid extra per day an amount as set out in Item 18 of Table 3 - Additional Allowances of Part B, Monetary Rates.

 

17.2    Western Division: All employees working in the western division of the State shall be paid extra per day an amount as set out in Item 18 of Table 3 - Additional Allowances of Part B, Monetary Rates.

 

17.3    Snowy Mountains Section: All employees working within the area bounded by and inclusive of the Snowy River from the New South Wales border to Dalgety thence by road directly from Dalgety to Berridale and on to the Snowy Mountains Highway at Adaminaby, thence to Blowering, thence by a line drawn from Blowering southeast to Welaregang and on to the Murray River, thence in a southeasterly direction along the New South Wales border to the point of commencement, shall be paid extra per day an amount as set out in Item 18 of Table 3 - Additional Allowances of Part B, Monetary Rates.

 

17.4    Application of Rates: The above rates shall not form part of the ordinary rates of pay for the purpose of the calculation of overtime.

 

18.  Hours of Work

 

18.1    Hours of Work Dayworkers

 

18.1.1 The ordinary hours of work for day workers shall be 38 hours per week or an average of 38 per week to be worked on one of the following bases:

 

18.1.1.1         38 hours within a work cycle not exceeding seven consecutive days; or

 

18.1.1.2         76 hours within a work cycle not exceeding fourteen consecutive days; or

 

18.1.1.3         114 hours within a work cycle not exceeding twenty one consecutive days; or

 

18.1.1.4         152 hours within a work cycle not exceeding twenty eight consecutive days.

 

18.1.2 Provided that a work cycle may differ from those prescribed by this subclause as to all or a section of employees by mutual agreement between an employer and the Union.

 

18.2    Days of Work for Dayworkers

 

18.2.1 The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week Monday to Friday inclusive.

 

18.3    Maximum Daily Hours

 

18.3.1 The daily ordinary hours of work prescribed by this Clause shall not exceed 8 hours on any day. Provided that the daily ordinary hours of work prescribed by this subclause may be altered as to all or a section of employees by mutual agreement between an employer and the Union.

 

18.4    Spread of Hours

 

18.4.1 The ordinary hours of work shall be between 6.00am and 6.00pm at the discretion of the employer and, except for meal breaks, shall be worked continuously.  By agreement between the employer and employee, the ordinary hours of work can be varied during daylight saving to any 12 hour period between 5.00am and 7.00pm.

 

18.4.2 Provided that the usual starting time and usual finishing time within the spread of hours shall not be varied except by agreement of the employer and the majority of the employees.

 

18.4.3 Provided that the spread of hours may be altered as to all or a section of the employees by agreement of the employer and the majority of the employees.

 

18.5    Implementation of 38 Hour Week

 

18.5.1 The ordinary hours of work may be arranged in accordance with one of the following systems:

 

18.5.1.1         Fixed Weekly Hours System: By employees working 38 hours per week; and

 

18.5.1.1.1       Less than 8 ordinary hours each day; or

 

18.5.1.1.2       Less than 8 ordinary hours on one or more days in each week.

 

18.5.1.2         Average Weekly Hours System: By employees working an average of 38 hours per week over a work cycle and;

 

18.5.1.2.1       By fixing one weekday on which all employees will be off during a particular work cycle; or

 

18.5.1.2.2       By rostering employees off on various days of the week during a particular work cycle so that each employee has one day off during that cycle.

 

18.5.2 "Rostered Day Off" for the purpose of this award is the week day, not being a holiday, that an employee has off duty when working in accordance with an average hours system.

 

18.5.3 Any disputes arising from the implementation of the 38 hour week shall be resolved in accordance with Clause 31, Dispute Settlement Procedure.

 

18.6    Notice of Rostered Day Off

 

18.6.1 Except as provided in subclause 18.8, in cases where, by virtue of the arrangement of his/her ordinary working hours, an employee, in accordance with subclause 18.5.1.2.1 and 18.5.1.2.2 is entitled to a day off during his/her work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday he/she is to take off.

 

18.7    RDO Not to Coincide with Public Holiday

 

18.7.1 Where an employee's ordinary hours are arranged in accordance with subclause 18.5.1.2.1 or 18.5.1.2.2, the weekday or part of the weekday taken off shall not coincide with a public holiday as prescribed in Clause 20, Holidays and Sunday Work. Provided that where a public holiday is prescribed after an employee has been given notice of a weekday off, subclause 18.8 shall apply.

 

18.8    Substitution of RDO

 

18.8.1 An employer may substitute the day an employee is to take off, in accordance with subclause 18.5.1.2.1 and 18.5.1.2.2 for another day and require the employee to work on that day off if 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.

 

18.8.2 Provided that if a substitute day off is not granted, then he/she shall be paid, for the day at overtime rates.

 

18.8.3 Where there is an agreement between an individual employee and his/her employer, the employee may substitute the day he/she is to take off for another day.

 

18.8.4 Any substitute day off, referred to in 18.8.1 or 18.8.3 of this subclause, must be taken either in the current work cycle or in the next succeeding work cycle.

 

18.8.5 Where any employee, in accordance with subclause 18.5.1.2.1 or 18.5.1.2.2 is entitled to a day off during his/her work cycle and that day off falls on a Public Holiday, as prescribed in Clause 20, Holiday and Sunday Work, the next working day shall be substituted as the day off unless an alternate day in that work cycle or the next succeeding work cycle is adopted by agreement between the employer and the employee.

 

18.8.6 In this subclause reference to a day or working day shall also be taken as reference to a part day or part working day as the case may be and is appropriate.

 

18.9    Banking of Rostered Days Off

 

18.9.1 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

18.9.2 An employee may elect, with the consent of the employer, to accrue up to 5 rostered days off at any one time for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee.

 

18.9.3 Records of banked rostered days off will be maintained by the employer and provided to the employee upon request.

 

18.9.4 Upon termination of employment, any rostered days off banked by the employee will be paid out at ordinary rates.

 

19.  Overtime

 

19.1    Payment for Working Overtime

 

19.1.1 For all work done outside ordinary hours, including work on a RDO, except where such RDO is substituted for another day, the rates of pay shall be time and a half for the first 2 hours and double time thereafter; such double time to continue until the completion of the overtime work.

 

19.1.2 Except as provided in 19.1 or 19.2, Rest Period after Overtime, of this Clause, in computing overtime each day's work shall stand alone.

 

19.2    Rest Period after Overtime

 

19.2.1 Where overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have a rest period of at least 10 consecutive hours off duty between the work of successive days:

 

Provided that, in the case of shift workers, the rest period shall be 8 consecutive hours off duty when the overtime is worked:

 

19.2.1.1         For the purpose of changing shift rosters; or

 

19.2.1.2         Where the shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

 

19.2.1.3         Where a shift is worked by arrangement between the employees themselves.

 

19.2.2 An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day, that he/she has not had at least the rest period off duty between those times shall, subject to 19.2, be released after completion of such overtime until he/she has had the rest period off duty without loss of pay for ordinary working time occurring during such absence.

 

19.2.3 If on the instructions of his/her employer such an employee resumes or continues work without having had such rest period off duty, he/she shall be paid at double rates until he/she is released from duty for such rest period and he/she shall then be entitled to be absent until he/she has had the rest period off duty without loss of pay for ordinary time occurring during such absence.

 

19.3    Recall to Work

 

19.3.1 An employee recalled to work overtime after leaving his/her employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of 4 hours' work or where the employee has been paid for standing by in accordance with 19.5, Standing By, of this Clause, shall be paid for a minimum of 3 hours' work at the appropriate rate for each time he/she is so recalled.

 

19.3.2 Provided that, except in the case of unforseen circumstances arising, the employee shall not be required to work the full 4 or 3 hours as the case may be if the job he/she was recalled to perform is completed within a shorter period.

 

19.3.3 Shall not apply in cases where it is customary for an employee to return to his/her employer's premises to perform a specific job outside his/her ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

19.3.4 Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of 19.2, Rest Period After Overtime, of this Clause when the actual time worked is less than 3 hours on such recall or on each of such recalls.

 

19.4    Saturday Work

 

19.4.1 An employee required to work after midday on a Saturday shall be paid double time rate for such work.

 

19.4.2 A day worker required to work overtime on a Saturday shall be afforded at least 4 hours' work or paid for 4 hours at the appropriate rate except where such overtime is continuous with overtime commenced on Friday.

 

19.4.3 Where an employee works overtime which ceases at or after 4.00am on a Saturday and such overtime is continuous with ordinary work on Friday, then such employee shall be paid for an additional 8 hours at ordinary time rate. This provision shall not apply to shift workers.

 

19.5    Standing By: Subject to any custom now prevailing under which an employee is required regularly to hold himself/herself in readiness for a call back, an employee required to hold himself/herself in readiness to work after ordinary hours shall until released be paid standing-by time at ordinary rates for the time from which he/she is so told to hold himself/herself in readiness.

 

19.5.1A         On Call Allowance

 

19.5.1A.1       Notwithstanding the provisions of Clause 19.5 of this Award, an employer and employee may agree that an employee remain on-call outside of ordinary working hours.  Where this agreement occurs, the employee shall:

 

19.5.1A.1.1    Make themselves contactable via telephone and/or mobile telephone and/or pager (as specified by the Company) for the whole time they are on-call or standing by; and

 

19.5.1A.1.2    Be at all times ready, willing and able to attend to any and all call-outs they may receive or be directed by the Company to attend.  An employee on-call or standing by shall at all times be ready, willing and able to drive a motor vehicle and hence shall not be over the legal driving limit for alcohol or under the influence of any other driving impairing drugs or substances.

 

19.5.1A.2       An employee on-call shall be paid an on-call allowance as set out in Item 20 of Table 3 - Additional Allowances of Part B, Monetary Rates for every part of a 24 hour period outside of ordinary working hours but between ordinary shifts that the employee remains on-call.

 

19.5.1A.3       An employee on-call shall be paid an on-call allowance as set out in Item 21 of Table 3 - Additional Allowances of Part B, Monetary Rates for every part of a 24 hour period outside of ordinary working hours that the employee remains on-call.

 

19.5.1A.4       An employee on-call shall be paid an on-call allowance as set out in Item 22 of Table 3 - Additional Allowances of Part B, Monetary Rates for every full 24 hour period outside of ordinary working hours that the employee remains on-call.

 

19.5.1A.5       An employee on-call shall be paid an on-call allowance as set out in Item 23 of Table 3 - Additional Allowances of Part B, Monetary Rates for every week that the employee remains on-call whilst also working ordinary hours.

 

19.6    Crib Time

 

19.6.1 An employee working overtime shall be allowed a crib time of 20 minutes at the appropriate rate without deduction of pay after each 4 hours of overtime worked, if the employee continues work after such crib time.

 

19.6.2 Provided that where a day worker on a five day week is required to work overtime on a Saturday, the first prescribed crib time shall, if occurring between 10.00am and 1.00pm, be paid at ordinary rates.

 

19.6.3 Unless the period of overtime is less than 1½ hours, an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

 

19.7    Requirement to Work Reasonable Overtime: It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of the Industry.

 

19.8    Meal Allowance, &c.

 

19.8.1 An employee required to work overtime for more than one and a half hours without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set out in Item 6 of Table 4 - Expense Related Allowances of Part B, Monetary Rates, for the first meal and for each subsequent meal.

 

19.8.2 Unless the employer advised an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer shall provide such second and/or subsequent meal or make payment in lieu thereof as above prescribed.

 

19.8.3 If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, he/she shall be paid as above prescribed for meals which he/she has provided but which are surplus.

 

19.9    Transport of Employees: When an employee, after having worked overtime, or a shift for which he/she has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide him/her with a conveyance to his/her home or pay him/her his/her current wage rate for the time reasonably occupied in reaching his home.

 

19.10   Meal Breaks

 

19.10.1          Maximum Period Without Meal Break: An employee shall not be compelled to work for more than 5 hours without a break for a meal.

 

19.10.2          Payment for Work in Meal Breaks: Subject to 19.10.3, Regular Maintenance Person, for work done during meal hours and thereafter until a meal break is allowed, time and a half rates shall be paid.

 

19.10.3          Regular Maintenance Person: Subject to the provisions of 19.10.1, Maximum Period Without Meal Break, hereof, an employee employed as a regular maintenance person shall work during meal breaks at the ordinary rates herein prescribed, whenever instructed to do so for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done whilst such plant is idle. Provided that, if the meal period of a maintenance person has not previously been taken and does not follow immediately upon resumption of work by other employees after their meal break, the provision of 19.10.2, Payment for Work in Meal Break, hereof, shall apply.

 

19.11   Time Off in Lieu of Overtime

 

19.11.1          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.

 

19.11.2          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.

 

19.11.3          If having elected to take time as leave in accordance with 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.

 

19.11.4          Where no election is made, the employee shall be paid overtime rates in accordance with the award.

 

20.  Holiday and Sunday Work

 

20.1    Holidays

 

20.1.1 Prescribed Holidays

 

20.1.1.1         An employee on weekly hiring shall be entitled, without loss of pay, to public holidays as follows: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Six Hour Day (or Labour Day), Christmas Day, Boxing Day or such other day as is generally observed in the locality as a substitute for any of the said days respectively, and/or proclaimed or gazetted holiday throughout the State.

 

20.1.1.2         By mutual agreement between an employer and employee, other days may be substituted for the said days or any of them as to such employer's undertaking.

 

20.1.2 Payment for Work on a Holiday

 

20.1.2.1         An employee not engaged on continuous work shall be paid at the rate of double time and a half for work on a public holiday, such double time and a half to continue until he/she is relieved from duty.

 

20.1.2.2         An employee required to work on a holiday shall be paid for a minimum of 4 hours' work at double time and a half.

 

20.1.3 Absence Before or After a Holiday: An employee shall not be entitled to payment for a holiday if he/she is absent from work:

 

20.1.3.1         Without reasonable excuse; or

 

20.1.3.2         Without the consent of his/her employer;

 

on the ordinary working day before or the ordinary working day after a holiday.

 

20.2    Industry Picnic Day

 

20.2.1 Prescribed Holiday: In addition to holidays prescribed in subclause 20.1.1.1, an additional public holiday to be known as an industry picnic day shall apply to weekly hire employees. It shall be observed on the first Monday in December each year.

 

20.2.2 Granting of Holiday

 

20.2.2.1         All employees in the construction industry to whom this section applies shall, as far as practicable, be given and shall take this industry picnic day without loss of pay.

 

20.2.2.2         In respect of all other employees to whom 20.2 applies, any other day may be substituted for the industry picnic day by mutual agreement between any employer and employee.

 

20.2.3 Payment for Work on Picnic Day

 

20.2.3.1         An employee who is required to work on the industry picnic day or the day substituted therefore shall be paid at the rate of double time and a half, such rate to continue until he/she is relieved from duty.

 

20.2.3.2         An employee required to work on the industry picnic day,  or the day substituted therefore shall be paid for a minimum of 4 hours work at double time and a half.

 

20.2.4 Absence Before or After Industry Picnic Day: An employee shall not be entitled to payment for the industry picnic day or the day substituted therefore if he/she is absent from work:

 

20.2.4.1         Without reasonable excuse; or

 

20.2.4.2         Without the consent of his or her employer;

 

on the ordinary working day before or the ordinary working day after the industry picnic day or substituted therefore.

 

20.2.5 Evidence of Attendance at The Industry Picnic Day: An employer may require from an employee evidence of his/her attendance at the picnic and the production of the butt of the employee's picnic ticket 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.

 

20.3    Sundays - Payment for Work on Sundays:

 

20.3.1 An employee who works on a Sunday, shall be paid at the rate of double time for such work, such double time to continue until he/she is relieved from duty.

 

20.3.2 An employee required to work on a Sunday shall be paid for a minimum of 4 hour's work at double time.

 

20.4    General

 

The following shall have application to all other sections of this Clause:

 

20.4.1 Rest Period After Holiday or Sunday Work: An employee, not engaged on continuous work, who works on a holiday or a Sunday and (except for meal breaks) immediately thereafter continues such work shall, on being relieved from duty be entitled to be absent until he/she has had 10 consecutive hours off duty without deduction of pay for ordinary time occurring during such absence.

 

20.4.2 Meal Allowance - Holidays and Sundays:

 

20.4.2.1         An employee not engaged on continuous work, required to work for more than 4 hours on a holiday or a Sunday without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set in Item 6 of Table 4 - Expense Related Allowances of Part B, Monetary Rates, for the meal taken during his/her first crib break and during each subsequent crib break. Provided that such payment need not be made to employees living in the same locality as their workshops who can reasonably return home for meals.

 

20.4.2.2         An employee who, pursuant to notice, has provided a meal or meals and is not required to work on a holiday or Sunday or is required to work for a lesser period of time than advised, shall be paid the rates prescribed in 20.4.2.1 of this Clause for meals which he/she has provided but which are surplus.

 

20.4.3 Holidays to be Paid on Termination of Employment:

 

20.4.3.1         An employer who terminates the employment of an employee engaged on weekly employment on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, shall pay the employee his/her ordinary wages for each holiday in a group as prescribed in 20.4.3.2, which falls within 10 consecutive days on and from the date that notice of termination is given.

 

20.4.3.2         For the purpose of this award, the following shall be the holidays in a group:

 

20.4.3.2.1       Christmas Day, Boxing Day, New Year's Day and additional holidays gazetted in connection with those days.

 

20.4.3.2.2       Good Friday, Easter Saturday (where it is applicable as a holiday for the employee), Easter Monday and additional holidays gazetted in connection with those days.

 

20.4.3.3         Where the first day of the group of holidays falls within 10 consecutive days on and from the date that notice of termination is given, the whole group shall be deemed to fall within 10 days.

 

20.4.3.4         An employee shall not be entitled to receive payment from more than one employer in respect of the same holiday or group of holidays.

 

An employee shall, on request by his/her employer, make a statutory declaration or other written statement satisfactory to his/her new employer, of the payments made by any other employer for the holidays referred to in this subsection where any of such holidays occurs within 10 consecutive days after the commencement of his/her employment with that employer.

 

20.4.3.5         An employee shall not be entitled to the payment referred to in 20.4.3.1 for the holidays prescribed by 20.4.3 where his/her employer dismisses him/her without notice for malingering, inefficiency, neglect of duty or misconduct in accordance with the provisions of 8.1.2.4, of Clause 8, Contract of Employment.

 

20.4.4 Maximum Period without Meal Break: An employee shall not be compelled to work for more than 5 hours without a break for a meal.

 

21.  Shift Work

 

21.1    Definitions

 

21.1.1            For the purposes of this Clause:

 

21.1.1.1         "Afternoon Shift" means any shift finishing after 6 pm and at or before midnight.

 

21.1.1.2         "Continuous Work" means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

 

21.1.1.3         "Night Shift" means any shift finishing subsequent to midnight and at or before 8am.

 

21.1.1.4         "Rostered Shift" means a shift of which the employee concerned has had at least 48 hours notice.

 

21.2    Hours - Continuous Shift Work

 

21.2.1 This subclause shall only apply to shift workers on continuous work as hereinbefore defined.

 

21.2.1.1         The weekly ordinary hours of such shift workers shall average 38 hours per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days.

 

21.2.1.2         Provided that a shift cycle may differ from that prescribed by this subclause as to all or a section of employees by mutual agreement between an employer and a majority of employees concerned.

 

21.2.1.3         Subject to the following conditions, such shift workers shall work at such times as the employer may required:

 

21.2.1.3.1       A shift shall consist of not more than 8 hours, inclusive of crib time;

 

21.2.1.3.2       Except at the regular change over of shifts an employee shall not be required to work more than one shift in each 24 hours;

 

21.2.1.3.3       20 minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked;

 

21.2.1.3.4       An employee shall not be required to work for more than 5 hours without a break for a meal.

 

21.3    Hours - Other Than Continuous Work

 

21.3.1 This subclause shall apply to shift workers not upon continuous work as hereinbefore defined.

 

21.3.2 The weekly ordinary hours of work shall be an average of 38 per week, the average hours per week being calculated over a shift cycle.

 

21.3.3 The weekly ordinary hours of work shall be arranged in accordance with one of the following shift cycles;

 

38 hours within a period not exceeding 7 consecutive calendar days; or

 

76 hours within a period not exceeding 14 consecutive calendar days; or

 

114 hours within a period not exceeding 21 consecutive calendar days; or

 

152 hours within a period not exceeding 28 consecutive calendar days

 

21.3.4 Subject to the following conditions, such shift workers shall work at such times as the employer may require:

 

21.3.4.1         A shift shall not exceed 8 hours of ordinary time work. Provided that the ordinary time of work of a shift may be altered as to all or a section of employees by mutual agreement between an employer and the Union.

 

21.3.4.2         Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer.

 

21.3.4.3         Except at the regular change-over of shifts, an employee shall not be required to work more than one shift in each 24 hours.

 

21.3.4.4         An employee shall not be required to work for more than 5 hours without a break for a meal.

 

21.4    Rosters - Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

 

21.5    Variations by Agreement

 

21.5.1 The method of working shifts may in any case be varied by agreement between the employer and the accredited representative of the Union to suit the circumstances of the establishment.

 

21.5.2 The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the accredited representative of the Union to suit the circumstances of the establishment or, in the absence of agreement, by 7 days' notice of alteration given by the employer to the employees.

 

21.6    Afternoon or Night Shift Allowances

 

21.6.1 A shift worker whilst on afternoon or night shift shall be paid for such shift 15 per cent more than his/her ordinary rate.

 

21.6.2 A shift worker who works on an afternoon or night shift which does not continue for at least 5 successive afternoons or nights shall be paid for each such shift 50 percent for the first 2 hours thereof and 100 percent for the remaining hours thereof in addition to this ordinary rate.

 

21.6.3 An employee who, during a period of engagement on shift:

 

21.6.3.1         Works night shift only, or

 

21.6.3.2         Remains on night shift for a longer period than 4 consecutive weeks; or

 

21.6.3.3         Works on a night shift which does not rotate or alternate with another shift or with day work so as to give him at least one third of his/her working time off night shift in each shift cycle,

 

21.6.3.4         Shall during such engagement, period or cycle be paid 30 percent more than his/her ordinary rate for all time worked during ordinary working hours on such night shift.

 

21.7    Saturday Shifts - The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in 21.6

 

21.8    Overtime - Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift shall:

 

21.8.1 If employed on continuous work be paid at the rate of double time; or

 

21.8.2 If employed on other shift work be paid at the rate of time and a half for the first 2 hours and double time thereafter.

 

21.8.3 Except in each case where the time is worked:

 

21.8.3.1         By arrangement between the employees themselves; or

 

21.8.3.2         For the purpose of effecting the customary rotation of shifts; or

 

21.8.3.3         On a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with 8.3.3 Standing Down of employees of Clause 8, Contract of Employment of this award.

 

21.8.4 When not less than 7 hours 36 minutes notice has been given to the employer by a relief man that he/she will be absent from work and the employee whom he should relieve is not relieved and is required to continue to work on his rostered day off, the unrelieved employee shall be paid double time.

 

21.9    Holiday and Sunday Work

 

21.9.1 Payment for Work on a Holiday or a Sunday - Shift workers shall be paid for all time worked on a holiday or a Sunday at the rates prescribed by Clause 20, Holiday and Sunday Work.

 

21.9.2 Rostered Off Duty - A shift worker whose ordinary rostered shift includes a holiday prescribed by Clause 20, Holiday and Sunday Work, and who is rostered off duty on a holiday and who does not work shall:

 

21.9.2.1         Be paid one day's pay additional to his/her weekly wage for each such holiday he/she is rostered off duty; or

 

21.9.2.2         In lieu of such payment and by mutual agreement with his employer he/she shall:

 

21.9.2.2.1       Have one additional day off annual leave; or

 

21.9.2.2.2       Be granted an ordinary working day off duty without loss of pay.

 

21.9.3 Holiday and Sunday Shifts - Where shifts commence between 11.00pm and midnight on a holiday or a Sunday, the time so worked before midnight shall not entitle the employee to the holiday or Sunday rate.

 

21.9.3.1         Provided that the time worked by an employee on a shift commencing before midnight on the day preceding a holiday or Sunday and extending into a holiday or Sunday shall be regarded as time worked on such holiday or Sunday. Where shifts fall partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.

 

21.10   Establishments, Projects, Undertakings - Notwithstanding the other provisions of this Clause, where employees are working shift work in a project, undertaking or establishment in association with other employees, the applicable shift work provisions shall be those applying to the majority of such other employees working shift work.

 

22.  Sick Leave

 

22.1    An employee on weekly hiring who is absent from his/her work on account of personal illness or injury or on account of injury by accident arising out of or in the course of his/her employment, shall be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations:

 

22.1.1 He/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.

 

22.1.2 He/she shall, where practicable, inform the employer of his/her inability to attend for duty prior to the commencement of the shift and as far as practicable state the nature of the injury or illness and the estimated duration of the absence.  Where it is not practicable to inform the employer of his/her inability to attend for duty prior to the commencement of the shift, he/she shall do so within 2 hours of the commencement of the shift.

 

22.1.3 He/she shall prove to the satisfaction of his/her employer that he/she was unable on account for such illness or injury to attend for duty on the day or days for which sick leave is claimed or in the event of a dispute the matter shall be referred under the terms of Clause 31 of this Award.

 

22.2    Sick Leave Entitlement - An employee shall not be entitled to leave in excess of the following:

 

22.2.1 After 3 months continuous service with an employer; 24 hours of ordinary working time; provided that for any absence or absences not exceeding 24 hours during the first 3 months for which the employee would otherwise have qualified for payment in accordance with subclause 22.1 of this subclause, the employee shall be paid for such absence or absences upon the employee's application for payment after such 3 months.

 

22.2.2 Provided further that where at the commencement of employment it is agreed that the period of employment shall not exceed 3 months, the employee shall be entitled to the provisions of this paragraph from the commencement of employment.

 

22.2.3 After 6 months continuous service with that employer, an additional 16 hours of ordinary working time; provided that for any absence or absences not exceeding 40 hours during the first 6 months for which the employee would otherwise have qualified for payment in accordance with 22.1, and subject to his/her having an untaken balance of sick leave standing to his/her credit, the employee shall be paid for such absence or absences upon the employee's application for payment after such 6 months.

 

22.2.4 On the anniversary date of his/her first and each subsequent year of service with that employer, an additional 64 hours of ordinary working time.

 

22.3    Cumulative Sick Leave

 

22.3.1  Sick Leave shall accumulate from year to year so that any balance of the period specified in Clause 22.2 hereof which has in any year not been allowed to any employee by an employer as paid sick leave may be claimed by the employee and subject to the conditions prescribed, shall be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.

 

22.3.2  Provided that sick leave which accumulates shall be available to the employee for a period of 12 years from the end of the year in which it accrues.

 

22.4    Where an Employee is Sick or Injured on the Weekday

 

22.4.1 Where an employee is sick or injured on the weekday he/she is to take off in accordance with 18.5.1.2.1 or 18.5.1.2.2, he/she shall not be entitled to sick pay in addition to his/her normal weekly pay nor will his/her sick leave entitlement be reduced as a result of his/her sickness or injury that day.

 

23.  Annual Leave

 

Annual Leave Entitlements. For annual leave entitlement provisions see Annual Holidays Act 1944.

 

23.1    Day Workers

 

23.1.1 RDO in relation to Annual Leave

 

23.1.1.1         For each 4 week period which accrues or falls due to an employee, pursuant to the provisions of the Annual Holidays Act 1944, and

 

23.1.1.2         Where the employer's ordinary hours of work are arranged in accordance with a 19 day four consecutive week cycle as prescribed by sub clause 18.5.1 of this award, and

 

23.1.1.3         Irrespective of whether the employee has his/her annual holiday in either one consecutive period or 2, 3, or 4 separate periods,

 

23.1.1.4         Then only one such period shall include a RDO.

 

23.1.1.5         An employee's RDO's are not holidays or special award holidays for the purpose of this award.

 

23.2    Shift Workers - In addition to the benefits prescribed by the Annual Holidays Act 1944, shift workers shall be granted the following:

 

23.2.1 Payment for Period of Annual Leave - An employee before going on annual leave shall be paid the wages he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on leave during the relevant period. An employee shall have the amount of wages to be received for annual leave calculated by including the following where applicable:

 

23.2.1.1         His/her "ordinary pay" as prescribed by the Annual Holidays Act 1944; and

 

23.2.1.2         The rate payable pursuant to 3.4.5, Mixed Functions, of Clause 3, Wages, calculated on a daily basis, which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise.

 

23.2.2 Seven-day Shift Workers

 

23.2.2.1         A seven-day shift worker is an employee whose ordinary working period includes holidays and Sundays on which he/she may be regularly rostered for work.

 

23.2.2.2         In addition, to the benefits prescribed by Section 3 of the Annual Holidays Act 1944, with regard to an annual holiday an employee who, during the year of his/her employment with respect to which he/she becomes entitled to the said annual holiday gives service as a seven-day shift worker, under this award shall be entitled to the additional leave as specified below.

 

23.2.2.2.1       If during the year of his/her employment he/she has served continuously as a seven-day shift worker the additional leave with respect to that year shall be one week.

 

23.2.2.2.2       Subject to 23.2.2.4 if during the year of his/her employment he/she has served for only portion of it as a seven-day shift worker the additional leave shall be one day for every 36 ordinary shifts worked as a seven-day shift worker.

 

23.2.2.2.3       Subject to 23.2.2.4, the employee shall be paid for such additional leave in accordance with the provisions prescribed by 23.2.1, Payment for Period of Annual Leave.

 

23.2.2.2.4       Where the additional leave calculated under 23.2.2 is or includes a fraction of a day such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

 

23.2.2.2.5       In this Clause, reference to "one week" and "one day" includes holidays and non-working days.

 

23.2.3 Payment on Termination of Employment - Where the employment of a worker has been terminated and he/she thereby becomes entitled under Section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday, payment of 3½ hours at such ordinary rate of wages shall be made with respect to each 21 shifts of service as a seven-day shift worker which he/she has rendered during such period of employment.

 

23.3    Annual Holidays Loading

 

23.3.1 In this subclause the Annual Holidays Act 1944, is referred to as "the Act".

 

23.3.2 Before an employee is given and takes his/her annual holiday, the employer shall pay his/her employee a loading determined in accordance with 23.3.

 

(NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - 23.3.6).

 

23.3.3 The loading is payable in addition to the pay for the period of annual holiday given and taken and due to the employee under the Act and this award.

 

23.3.4 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award (but excluding days added to compensate for holidays (prescribed by Clause 20, Holiday and Sunday Work) worked or such holidays, falling on an employee's rostered day off and not worked).

 

23.3.5 The loading is the amount payable for the period at the rate per week of 17½ per cent of the appropriate ordinary weekly wage rate calculated in accordance with the provisions of 3.4.1, Weekly Wage Rate, of Clause 3, Wages, for the classification in which the employee was employed immediately before commencing his/her annual holiday but shall not include any other allowances, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award.

 

23.3.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance, provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such annual holiday and is to be calculated in accordance with 23.3.5 applying the award rates of wages payable on that day.

 

23.3.7 Where in accordance with the Act the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employee concerned:

 

23.3.7.1         An employee who is entitled under the Act to an annual holiday and who is given and takes such annual holiday shall be paid the loading calculated in accordance with 23.3.6;

 

23.3.7.2         An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him/her under the Act such proportion of the loading that would have been payable to him/her under 23.3 if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

 

23.3.8            When the employment of an employee is terminated by his/her employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled he/she shall be paid a loading calculated in accordance with 23.3.6 for the period not taken.

 

23.3.9            Except as provided by 23.3.8, no loading is payable on the termination of an employee's employment.

 

23.3.10          Notwithstanding the provisions of 23.3.5 an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/she had not been on such annual holiday, shall be paid whichever is the greater of either the said annual holidays loading or the shift work allowances and weekend penalty rates, where applicable, for the ordinary time (not including time on a holiday prescribed by Clause 20, Holiday and Sunday Work) which he/she would have worked during the period of the annual holiday.

 

24.  Other Leave

 

24.1    Long Service Leave: For long service leave provisions see Long Service Leave Act 1955.

 

24.2    Building and Construction Industry Long Service Payments: For employees performing building and construction work as defined by the Building and Construction Industry Long Service Payments Act 1986, see the Building and Construction Industry Long Service Payments Act 1986.

 

24.3    Bereavement Leave

 

24.3.1 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 paragraph 24.3.3 of this subclause.

 

24.3.2 The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

24.3.3 Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subclause 24.4.1.3.2 provided that, for the purposes of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

24.3.5 Bereavement leave may be taken in conjunction with other leave available under subclauses 24.4.2, 24.4.3, 24.4.4, 24.4.5 and 24.4.6. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

24.4    Personal/Carer's Leave

 

24.4.1 Use Of Sick Leave

 

24.4.1.1         An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 24.4.1.3.2, 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 22, Sick Leave, for absences to provide care and support for such persons when they are ill or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

24.4.1.2         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, or establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee. 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.

 

24.4.1.3         The entitlement to use sick leave in accordance with this subclause is subject to:

 

24.4.1.3.1       The employee being responsible for the care of the person concerned; and

 

24.4.1.3.2       The person concerned being:

 

24.4.1.3.2.1    A spouse of the employee; or

 

24.4.1.3.2.2    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

 

24.4.1.3.2.3    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

 

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

 

24.4.1.3.2.5    A relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

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

 

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

 

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

 

24.4.1.3.2.6    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 their 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.

 

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take into account of the employer’s and employee’s requirements.

 

Where the parties are unable to reach agreement the disputes procedure at Clause 31 should be followed.

 

24.4.2 Unpaid Leave For Family Purpose

 

24.4.2.1         An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to member of a class of person set out in subclause 24.4.1.3.2 above who is ill or who requires care due to an unexpected emergency.

 

24.4.3 Annual Leave

 

24.4.3.1         An employee may elect with the consent of the employer, to take annual leave not exceeding 10 days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

24.4.3.2         Access to annual leave, as prescribed in subclause 24.4.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

24.4.3.3         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.

 

24.4.3.4         An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

24.4.4 Time Off In Lieu Of Payment Of Overtime

 

24.4.4.1         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.

 

24.4.4.2         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.

 

24.4.4.3         If having elected to take time as leave in accordance with paragraph 24.4.4.1 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.

 

24.4.4.4         Where no election is made in accordance with said paragraph 24.4.4.1, the employee shall be paid overtime rates in accordance with the award.

 

24.4.5 Make-Up Time

 

24.4.5.1         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.

 

24.4.5.2         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 which would have been applicable to the hours taken off.

 

24.4.6 Rostered Days Off

 

24.4.6.1         An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

24.4.6.2         An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

24.4.6.3         An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

24.4.6.4         This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

24.5    Parental Leave

 

24.5.1 Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

24.5.2 An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

24.5.2.1          The employee or employee’s spouse is pregnant; or

 

24.5.2.2          The employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

24.5.3 Right to request

 

24.5.3.1         An employee entitled to parental leave may request the employer to allow the employee:

 

24.5.3.1.1       To extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

24.5.3.1.2       To extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months; to assist the employee in reconciling work and parental responsibilities.

 

24.5.3.1.3       The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

24.5.3.1.4       Employee’s request and the employer’s decision to be in writing

 

The employee’s request and the employer’s decision made under 24.5.3.1.2 must be recorded in writing.

 

24.5.3.2         Communication during parental leave

 

24.5.3.2.1       Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

24.5.3.2.1.1    make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave;

 

24.5.3.2.1.2    provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

24.5.3.2.2       The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employer intends to return to work on a part-time basis.

 

24.5.3.2.3       The employer shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph 24.5.3.2.1.

 

25.  Shop Stewards

 

25.1    Accredited Shop Steward: An employee appointed shop steward in the shop, site or department in which he/she is employed shall upon notification thereof to his/her employer, be recognised as the accredited representative of the Union. An accredited shop steward shall be allowed the necessary time during working hours to interview the employer or his/her representative on matters affecting employees whom he/she represents.

 

25.2    Interviewing Union Official: Subject to the prior approval of the employer an accredited shop steward shall be allowed at a place designated by the employer a reasonable period of time during working hours to interview a duly accredited official of the Union on legitimate union business.

 

26.  Notice Board

 

26.1    The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position in each of his/her establishments or plants or job sites where his/her employees are working or in separate buildings in each establishments or plant or job site so that such notice boards are reasonably accessible to all his/her employees working under the award at the establishment or plant or job site.

 

26.2    Accredited union representatives shall be permitted to put on the notice board or boards formal union notices, signed or countersigned by the representative so placing them. Any notice posted on such board or boards not so signed or countersigned may be removed by an accredited union representative or the employer.

 

27.  Amenities

 

27.1    Workshop and Depot

 

27.1.1 The employer shall ensure that the prescribed amenities are kept clean.

 

27.1.2 The employer shall provide at his/her workshop or depot a suitable locker or suitable hanging facilities which will provide adequate protection for an employee's clothing and his/her personal effects.

 

Note: The amenities for workshops and depots include change room, meal room, dining tables, chairs, clothes lockers, tool lockers, food storage space, meal heating facilities, garbage bins, showers, hand wash basins and sanitary conveniences.

 

27.2    Construction and Installation, &c. Sites: The employer shall ensure that the prescribed amenities are kept clean.

 

Note: The amenities for construction site work are those prescribed by the Occupational Health and Safety Act 2000, and by the Regulations made under the Act.  The amenities prescribed include change room, meal room, tool storage, dining tables, chairs or forms, coat hooks, food storage space, garbage bins, sanitary and washing facilities.

 

27.3    Water Supply: an Employer Shall Provide at Each of His/Her Workshops and Depots and Job Sites an Adequate Supply of:

 

27.3.1 Pure, cool drinking water which shall be available for use at any time during working hours, and

 

27.3.2 Boiling water for beverages which shall be available for use during meal and crib breaks.

 

28.  First Aid

 

28.1    Attendant: An employer shall endeavour to have at least one person who has been trained to render first aid in attendance when work is performed at an establishment.

 

28.2    First Aid Outfit: In each workshop, depot or job site where employees are regularly employed, the employer shall provide and continuously maintain at a place or places reasonably accessible to all employees an efficient first aid outfit.

 

28.3    First Aid Allowance: An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications approved by the WorkCover Authority of NSW shall be paid a daily allowance as set out in Item 19 of Table 3 - Additional Allowances of Part B, Monetary Rates if he/she is appointed by his/her employer to perform first aid duty.

 

29.  Miscellaneous Provisions

 

29.1    Protective Clothing: Where employees are required to wear overalls and/or dust coats they shall be supplied by the employer.

 

29.2    Damage to Clothing, Spectacles and Hearing Aids: Compensation to the extent of the damage sustained shall be made where in the course of the work clothing, spectacles or hearing aids are damaged or destroyed by fire or molten metal or through the use of corrosive substances. This shall not apply when an employee is entitled to Workers' Compensation in respect of the damage.

 

29.3    Gas Masks

 

29.3.1 The employer shall ensure that sufficient gas masks are available to enable such employee, when engaged on repairs to refrigeration plants outside the employer's premises, to take one with him/her.

 

29.3.2 Employers shall provide respirators or gas masks for electric arc or oxy-acetylene operators working in places where fresh air cannot freely circulate.

 

29.4    Gloves

 

29.4.1 Suitable canvas or leather gloves shall be provided by employers for operators of pneumatic tools and/or punch and shearing machines and where necessary for employees manually hauling underground cables or ring mains and similar cables and suitable gloves or pads for such other work as the foreperson and employee may agree.

 

29.4.2 In the case of disagreement between the foreperson and the employee, the employee or a shop steward on his/her behalf shall be entitled within 24 hours, to ask for a decision on the employee's claim by the employer. In such case, a decision shall be given on the employee's claim within 48 hours of its being asked for (unless that time expires on a non-working day, in which case it shall be given during the next working day), or else the said equipment shall be provided.

 

29.4.3 In any case where the Union alleges that an employer or his/her representative is persistently unreasonably or capricious in relation to such claims, it may bring such case before the Industrial Relations Commission of New South Wales.

 

29.5    Goggles

 

29.5.1 Suitable mica or other goggles shall be provided by the employer for each employee using emery wheels or where used by more than one employee, such goggles shall be sterilised before being used by another employee. An employee when working on emery wheels shall wear the goggles provided for his/her protection.

 

29.5.2 Goggles containing celluloid shall not be considered suitable for the purposes of this provision.

 

29.6    Masks: Where necessary suitable masks shall be provided for employees required to use compressed air for blowing dust from electrical machinery or equipment. An employee when performing such work shall wear the mask provided for his/her protection. Masks containing celluloid shall not be considered suitable for the purposes of this provision.

 

29.7    Protective Equipment - Welding:

 

29.7.1 Employers shall provide a sufficient supply of the undermentioned equipment to enable each tradesperson and his/her assistant when engaged on work necessitating its use:

 

29.7.1.1         Suitable fibrous cement sheets;

 

29.7.1.2         Hand screens or helmets, fitted with coloured glass (or in the case of oxy-acetylene operators protective glasses with side shields);

 

29.7.1.3         Anti-flash goggles;

 

29.7.1.4         Aprons, leather sleeves and leggings (or coveralls of flameproof material) and gauntlet gloves; and

 

29.7.2 An employee who is supplied with any of the equipment specified herein shall wear or use as the case may be such equipment in such a way as to achieve the purpose for which it is supplied. Where electric arc operators are working sufficient suitable screens, shall be provided by the employer for the protection of employees from flash.

 

29.8    Safety Gear for Live Work: Adequate safety gear (including insulating gloves, mats and/or shields where necessary) shall be provided by employers for employees required to work on live electrical equipment.

 

29.9    Case Hardened Prescription Lenses: An employer who requires an employee to have his/her prescription lenses case hardened shall pay for the cost of such case hardening.

 

30.  Anti-Discrimination

 

30.1    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 and age and responsibilities as a carer.

 

30.2    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.

 

30.3    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.

 

30.4    Nothing in this Clause is to be taken to affect:

 

30.4.1 Any conduct or act which is specially exempted from anti-discrimination legislation;

 

30.4.2 Offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

30.4.4 A party to this award from pursing matters of unlawful discrimination in any State or Federal jurisdiction.

 

30.5    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."

 

31.  Dispute Settlement Procedure

 

31.1    The parties have considered the question of dispute settling procedures with a view to placing a maximum emphasis on the peaceful settlement of disputes and minimisation of lost time within the industry.

 

31.2    In the event of any dispute between an employer and one or more of its employees, it is agreed that the following procedure shall be adhered to:

 

31.2.1 The employee/s or accredited employees representative wishing to raise any matter affecting the employee/s shall:

 

31.2.1.1         Initially raise the matter with the employee/s immediate supervisor/foreperson. If agreement is not reached at this level, the employee/s or representative shall then:

 

31.2.1.2         Raise the matter with the company manager or his/her representative. If agreement is not reached at this level and an employee representative has been involved, the employee representative will then:

 

31.2.1.3         Be provided with telephone facilities to speak to any official of the relevant union and request representation at a further conference to be held at a date and time mutually acceptable.

 

31.2.2 Should negotiations as prescribed in 31.2.1 above fail, the matter (where appropriate) shall be referred to the relevant employer organisation and the state secretary of the union within five working days, at which level a conference of the parties shall be convened without delay.

 

31.2.3 In the absence of agreement, either party may refer the matter to the Industrial Relations Commission of New South Wales for resolution.

 

31.2.4 Whilst the above procedure is being effected, work shall continue normally.

 

32.  Incidence, Scope and Application

 

32.1    This award shall apply to the provision of electrical services by electrical, electronic and communications contractors and their employees.

 

32.2    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Electrical, Electronic and Communications Contracting Industry (State) Award published 17 March 2006 (358 I.G. 1), as varied.

 

32.3    For the purpose of this Clause:

 

32.3.1 "Electrical contractor" means any entity who or which contracts to provide "electrical services".

 

32.3.2 "Electrical services" includes:

 

32.3.2.1         The maintenance of electric power distribution lines and all associated work; and/or

 

32.3.2.2         The installation of electric light and power, all classes of assembly, wiring, repair and maintenance of high, low and extra low voltage electrical installations and appliances including, without in any way limiting the generality of the foregoing, the assembling, installing, diagnosing, servicing and rectifying of faults in any of the following:

 

32.3.2.2.1       Electronic products (eg television receivers, video cassette recorders, audio equipment/systems, home computers, etc) and any combination of these products together with ancillary devices and/or equipment;

 

32.3.2.2.2       Radio and television transmitting devices (including LF, HF, VHF and UHF); CB radios;

 

32.3.2.2.3       Telemetry systems and ancillary equipment;

 

32.3.2.2.4       Multiple access television distribution systems;

 

32.3.2.2.5       Computers and their peripherals;

 

32.3.2.2.6       Microwave and associated equipment;

 

32.3.2.2.7       Electrically operated refrigeration and air conditioning equipment;

 

32.3.2.2.8       Telephone communications devices;

 

32.3.2.2.9       Fibre optic transmission lines and associated equipment;

 

32.3.2.2.10     Public address systems;

 

32.3.2.2.11     Domestic satellite television receivers;

 

32.3.2.2.12     Maritime electronic equipment (including depth sounders, radars, etc)

 

32.3.2.2.13     Security alarm systems;

 

32.3.2.2.14     Fire alarm systems;

 

32.3.2.2.15     Superconductivity systems and associated equipment;

 

32.3.2.2.16     Electromagnetic devices;

 

32.3.2.2.17     Electrical instrumentation.

 

32.4    Any entity who or which operates a business the primary purpose of which is the manufacture and/or vending of plant and equipment shall be exempt from this award solely in respect of those parts or divisions of the business which are predominantly engaged in the manufacture and/or vending of plant and equipment or the installation, assembly, refurbishment and maintenance of that plant and equipment.

 

32.5    Provided further that the award does not apply to employees of the Broken Hill Proprietary Company Limited or Tubemakers of Australia Limited or a related body corporate (within the meaning of the Corporations Law) of either company.

 

32.6    Provided further that the award shall apply only to employees who are members of or are eligible to be members of the Electrical Trades Union of Australia, New South Wales Branch.

 

33.  Duration

 

33.1    This award shall take effect from the first pay period on or after 22 June 2005 and shall remain in force thereafter until 31 January 2008.

 

33.2    The Changes to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 11 September 2008.

 

33.3    This award shall remain in force until varied or rescinded, the period for which it was already made having expired.

 

34.  Leave Reserved

 

34.1    Licence Reimbursement Allowance - In the event that the Department of Fair Trading imposes a licence fee on persons for the holding of a Qualified Supervisor Certificate (Electrician) or a Certificate of Registration or a Certificate of Registration (Electrician) the parties to this award will not oppose an application made by the Union to reimburse the holders of the said licence fee on a weekly basis.

 

34.2    Wage Rate Increases: Leave is reserved for any party to this Award to make formal application to vary weekly wage rates in Table 1 - Wages, of Part B, Monetary Rates in accordance with subclause 3.1.2 of this Award.  Any such application shall not be opposed by the ECA.

 

34A.  Traineeships

 

As to traineeships for persons covered by this award, see the Training Wage (State) Award 2002 published 26 September 2003 (341 I.G. 569) or any successor thereto.

 

35.  Deduction of Union Membership Fees

 

35.1    The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

35.1.1 The employee has authorised the employer to make such deductions in accordance with subclause 35.2 herein;

 

35.1.2 The Union shall advise the employer of the amount to be deducted for each pay period applying at the employer’s workplace and any changes to that amount.

 

35.1.3 Deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

35.1.4 There shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).

 

35.2    The employee’s authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union rules) that the Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee’s consent to do so.  Such consent may form part of the written authorisation.

 

35.3    Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:

 

35.3.1 Where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

 

35.3.2 Where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

35.4    Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this Clause taking effect, nothing in this Clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

35.5    The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year.  Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be.  The Union shall give the employer a minimum of two months’ notice of any such change.

 

35.6    An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

35.7    Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

 

35.8    The above variations shall take effect:

 

35.8.1  In the case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 1 February 2003.

 

35.8.2  In the case of employers who do not fall within sub-paragraph 35.1 above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on 1 May 2003.

 

35.8.3  For all other employers, from the beginning of the first pay period to commence on or after 1 August 2003.

 

36.  Motor Vehicles

 

36.1    Use of Motor Vehicles

 

36.1.1 Where an employee drives a motor vehicle supplied by the employer, it is the employee’s responsibility to operate and park the employer’s motor vehicle in a legal manner.  The driver of the vehicle will be responsible for the payment of any traffic infringements incurred.

 

36.1.2 If an employer’s motor vehicle is involved in an infringement whereby the driver is not identified (eg speed or red light camera), it will be referred to the employee to whom the vehicle is assigned.  For this reason no other person should be permitted to drive the vehicle.  In the unavoidable event that another person be required to drive the vehicle, such use should be noted and is the responsibility of the individual to whom the vehicle is assigned.

 

36.1.3 No person other than an employee of the employer who holds a valid Australian Drivers’ Licence shall be permitted to drive the employer’s motor vehicle, without the express permission of the employer.

 

37.  Overpayment Reimbursement to Employer

 

37.1    Overpayment Reimbursement to Employer

 

37.1.1 An employee agrees to reimburse the employer for any overpayment of wages made to the employee in error by the employer.

 

37.1.2 Upon written notification of an overpayment to the employee, an employee authorises the employer to deduct from any wages or any other entitlements payable, or owing to the employee on termination, any overpayments made in error to the employee by the employer.

 

37.1.3 Any disputes in relation to this clause shall be dealt with in accordance with Clause 31 Dispute Settlement Procedure of this Award.

 

38.  Training

 

38.1    Training

 

38.1.1 This clause shall not apply to apprentices or trainees. For apprentices and trainees see clause 14 of this award.

 

38.1.2 The employer will pay for the reasonable costs of an employee undertaking training or further education subject to the following conditions:

 

38.1.2.1         Employees may be directed by the employer to attend training or further education during ordinary working hours and/or outside of ordinary working hours and/or in addition to ordinary working hours.

 

38.1.2.2         Where the employer directs employees to attend training or further education, employees will attend such training or further education either during ordinary working time and/or outside of ordinary working time and/or in addition to ordinary working time.  The employer will pay all the costs of this training or further education and pay employees at ordinary time rates for their time spent in attendance.  Notwithstanding anything else in this Award to the contrary, under no circumstances will an employee receive overtime payments for attendance at any employer directed training or further education and nor shall employees be entitled to receive overtime payments merely by virtue of the fact that such training or further education is concurrent or continuous with ordinary working time.

 

38.1.2.3         Where the employer does not direct an employee to attend training or further education, the decision as to whether or not payment for training or further education will be made for the training or further education itself, or for the employees attendance at such training or further education, is at the sole discretion of the employer.

 

38.1.2.4         Where an employee requests the employer pay for training or further education which the employer considers is not relevant to its needs, the employer may still agree to pay for such training or further education, however the employee shall attend the training or further education outside of their own ordinary working time and the employee will not be paid any wages or other monies by the employer for their attendance at such training or further education.

 

39.  School Based Apprentices

 

39.1    Objective

 

The objective of this clause is to assist in the establishment of a system of school based apprenticeship as part of the Higher School Certificate. The school based apprenticeship may commence upon the completion of the Year 10 School Certificate exams. Such school based apprenticeships are undertaken at minimum Certificate III Australian Qualifications Framework (AQF) qualification level as specified in the relevant Vocational Training Order pursuant to the Apprenticeship and Traineeship Act 2001.

 

39.2    Wages

 

(a)      The hourly rates for full time apprentices as set out in this Award shall apply to school based apprentices for total hours worked including time deemed to be spent in off-the job training.

 

(b)      For the purposes of subclause (a) of this clause, where a school based apprentice is a full time school student, the time spent in off-the-job training for which the school based apprentice is paid is deemed to be 25 per cent of the actual hours worked on-the-job each week. The wages paid for training time may be averaged over the school term or year.

 

(c)      Where this Award specifies a weekly rate for full time apprentices the hourly rate shall be calculated by dividing the applicable weekly rate by 38.

 

39.3    Conversion from a school based to a full time apprenticeship

 

Where an apprentice converts from a school based to a full-time apprenticeship, all time spent as a full time apprentice counts for the purpose of progression through the wage scale set out in this Award. This progression applies in addition to the progression achieved as a school based apprentice.

 

39.4    Conditions of Employment

 

Except as otherwise provided by this Award, school based apprentices are entitled to pro rata entitlements of all other conditions of employment contained in this Award.

 

39.5    Disputes and Disciplinary Matters

 

The provisions of the Apprenticeship and Traineeship Act 2001 shall apply for the resolution of disputes and disciplinary matters. 

 

39.6    Leave Reserved

 

In relation to matter IRC No. 42 of 2007 leave is reserved to have the matter re-listed urgently if any variation to the Vocational Training Order applying to a school based apprentice covered by this award occurs that is not with the consent of the parties to this award.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification	Relativity	Former Rate	SWC 2004	Minimum	Minimum
		Per Week	Safety Net	Weekly Wage	Weekly Wage
			Adjustment		including 5%
					increase from
					22 June, 2005
					$
Grade 1	80%	461.50	19.00	480.50	504.55
Grade 2	85%	482.65	19.00	501.65	526.75
Grade 3	90%	503.80	19.00	522.80	548.95
Grade 4	95%	524.95	19.00	543.95	571.15
Grade 5	100%	548.10	19.00	567.10	595.45
Grade 6	105%	569.25	19.00	588.25	617.65
Grade 7	115%	609.55	19.00	628.55	660.00
Grade 8	125%	651.85	19.00	670.85	704.40
Grade 9	130%	673.00	19.00	692.00	726.60
Grade 10	145%	736.50	19.00	755.50	793.30

 

Indentured Apprentices

 

	Former Rate	SWC 2004	Total Per Week	Minimum Weekly
	Per Week	Arbitrated Safety		Wage including 5%
		Net Adjustmen		increase from
		t		22 June, 2005
	$	$	$	$
1st year	196.10	6.85	202.95	213.10
2nd year	266.15	9.30	275.45	289.20
3rd year	384.40	13.45	397.85	417.75
4th year	441.35	15.45	456.80	479.65

 

Trainee Apprentices

 

	Former Rate	SWC 2004	Total Per Week	Minimum Weekly
	Per week	Arbitrated Safety		Wage including
		Net Adjustment		5% increase from
				22 June, 2005
	$	$	$	$
1st year	226.00	7.90	233.90	245.60
2nd year	302.80	10.60	313.40	329.05
3rd year	423.60	14.80	438.40	460.30
4th year	464.70	16.25	480.95	505.00

 

Table 2 - Additional Margins

 

To take effect from the first pay period to commence on or after the 8th August 2007.

 

Item No.	Clause No.	Brief Description	Amount
			$
1	3.3.1.1	Qualified Supervisor Certificate (Electrician)	32.05 per week
2	3.3.1.2	Certificate of Registration (Electrician)	17.25 per week
3	3.3.2	Leading Hand Allowance	43.25 per week
4	3.3.3	Construction Work - In conditions peculiar to such work,
		i.e., dust blowing in the wind, etc.	22.90 per week
5	3.3.4.1	Construction Work - Special Allowance	36.75 per week
6	3.3.5	Ship Repair Work -
		Tradespersons	12.80 per week
		All other labour	10.40 per week
7	3.3.6	Tradesperson and their assistants employed in large
		operating power houses	16.85 per
			week
8	3.5.1.2	Apprentices engaged on construction work - In	22.90 per week
		conditions
		peculiar to such work, i.e., dust blowing in the wind, etc.
9	3.5.1.3	Apprentices engaged on ship repairs	12.80 per week

 

10	3.5.1.4	Apprentices engaged on construction work -
		Year of Apprenticeship
		1st year	22.45
		2nd year	32.75
		3rd year	42.35
		4th year	50.20
11	3.5.2.2	Trainee apprentices engaged on construction work in
		conditions peculiar to such work, i.e., dust blowing in the
		wind, etc.	22.90 per week
12	3.5.2.3	Trainee Apprentices engaged on ship repairs	12.80 per week
13	3.5.2.5	Trainee apprentices engaged on construction work -	Per week
		Year of Apprenticeship:
		1st year	23.80
		2nd year	36.50
		3rd year	46.10
		4th year	52.20
14	5.3	Tool Allowance	13.30 per week
14	5.6	Loss of Tools - maximum compensation	439.80
14	5.7	Employee liable to pay on each claim for compensation	The first 71.40

 

Table 3 -Additional Allowances

 

To take effect from the first pay period to commence on or after the 8th August 2007.

 

Item No.	Clause No.	Brief Description	Amount
			$
1	15.1.1	Dirty Work Allowance	0.47 per hour
2	15.1.1.2.4	Ship Repair - Dirty Work Allowance	0.60 per hour
3	15.1.2	Confined Space Allowance	0.59 per hour
4	15.1.3	Insulation Material Allowance	0.60 per hour
5	15.1.4.1	Height Allowance -	0.51 per hour
		for each further 15 meters increase in height	0.51 per hour
	15.1.4.2	Working in bosun’s chair or swinging scaffold at height of
		-15m	0.51 per hour
		-for each additional 15m	0.51 per hour
6	15.1.5	Wet Allowance	0.47 per hour
7	15.1.6	Hot Places Allowance
		- 46 degrees Celsius to 54 degrees Celsius	0.47 per hour
		- Where temperature exceeds 54 degrees Celsius	0.60 per hour
8	15.1.7	Cold Places Allowance	0.47 per hour
9	15.1.8	Explosive Powered Tool Allowance
		- minimum payment per day	1.26 per day
10	15.1.9	Toxic Substance Allowance	0.61 per hour
	15.1.9.4	Employees working in close proximity to employees so
		engaged with such substances	0.51 per hour
11	15.1.10	Underground Work Allowance	10.83 per week
	15.1.10.5	Underground Work Allowance maximum 4 days or	2.17 per day
		shifts per week	or shift
12	15.1.11.1	Submarine Allowance - for work inside hull	0.85 per hour
	15.1.11.2	For work in other compartments listed in 4.1.11.2	1.41 per hour
	15.1.11.3	For work inside "D", "O" and "R" tanks	1.67 per hour
13	15.1.12.4	Asbestos Allowance	1.68 per hour
14	15.1.13	Sewerage Ocean Outfall Plants Allowance	0.86 per hour

 

15	15.2.2.1	On construction work at the construction sites of
		Australian Iron and Steel Ltd and others -
		Compensation for disabilities experienced at these sites	44.73 per week
16	15.2.2	Corrective Establishment Allowance	1.27 per hour
17	16.4.3	5 storey levels up to and including 15 storey levels	0.43 per hour
		From 16 storey levels up to and including 30 storey levels	0.51 per hour
		From 31 storey levels up to and including 45 storey levels	0.78 per hour
		From 46 storey levels up to and including 60 storey levels	1.00 per hour
		From 61 storey levels and above	1.26 per hour
18	17	Distant Places Allowance -
	17.1	Central Section	1.05 per day
	17.2	Western Division	1.74 per day
	17.3	Snowy Mountains Section	1.74 per day
19	28.3	First-aid Allowance	2.40 per day
20	19.5.1A.2	On Call Allowance - every part of 24 hour period outside
		of ordinary working hours between shifts	1.81 per hour
21	19.5.1A.3	On Call Allowance - every part of 24 hour period outside
		of ordinary working hours between shifts	1.81 per hour
22	19.5.1A.4	On Call Allowance - every full 24 hour period	43.26 per day
23	19.5.1A.5	On Call Allowance - every week	216.32 per week

 

Table 4 - Expense Related Allowances

 

To take effect from the first pay period to commence on or after 26th August 2007

 

Item No.	Clause No.	Brief Description	Amount
			$
1	4.3.3	Motor Vehicle Allowance	0.64 per Km
2	4.4.3.1	Daily Average Excess Fares, Construction Work etc,
		Allowance	11.40 per week
3	4.4.3.2.2.2	Weekly Average Excess Fares Rate	54.10 per week
4	7.1.1	Living Away from Home Allowance	527.65 per week
5	7.3.3.1	Camping Allowance	14.95 per day
6	19.8.1 &	Meal Allowance	9.60 per meal
	20.4.2.1

 

APPENDIX A

 

WORKER CLASSIFICATION COMPARISON

 

WORKER CLASSIFICATIONS	PRE EXISTING CLASSIFICATIONS
Electrical Worker Grade 1	No pre-existing classification at this level
Electrical Worker Grade 2	Trades Assistant
	Lines Assistant
Electrical Worker Grade 3	Linesperson
Electrical Worker Grade 4	Linesperson Special Class
Electrical Worker Grade 5
Electrical Tradesperson Level 1	Electrical Mechanic
Electronic Serviceperson Level 1	Electrical Fitter
Instrument Tradesperson Level 1 Refrigeration/	Radio Mechanic or Fitter
Air Conditioning	Refrigeration and/or Air Conditioning
Linesperson/Cable Jointer Level 1	Tradesperson Level Mechanic or Fitter
	Battery Fitter

 

Electrical Worker Grade 6
Electrical Tradesperson Level 2	Electrical Instrument Fitter
Electronic Serviceperson Level 2	Electrician in Charge of Plant having a capacity
	of
	less than 75KW
Instrument Tradesperson Level 2
Refrigeration/Air-Conditioning Tradesperson Level 2
Linesperson/Cable Jointer Level 2
Electrical Worker Grade 7
Electrical Tradesperson Level 3	Electrician in Charge of Plant having a capacity
	of
	75KW or more
Electronic Serviceperson Level 3
Instrument Tradesperson Level 3
Refrigeration/Air-Conditioning Tradesperson Level 3
Linesperson/Cable Jointer Level 3
Electrical Worker Grade 8
Advanced Electrical Tradesperson Level 1	Electronic Tradesperson
Advanced Electronic Serviceperson Level 1
Advanced Instrument Tradesperson Level 1
Advanced Refrigeration/Air-Conditioning
Tradesperson Level 1
Electrical Worker Grade 9
Advanced Electrical Tradesperson Level 2	No pre-existing classification at this level
Advanced Electronic Serviceperson Level 2
Advanced Instrument Tradesperson Level 2
Advanced Refrigeration/Air-Conditioning
Tradesperson Level 2
Electronic Worker Grade 10
Advanced Electrical Tradesperson Level 3	No pre-existing classification at this level
Advanced Electronic Serviceperson Level 3
Advanced Instrument Tradesperson Level 3
Advanced Refrigeration/Air-Conditioning
Tradesperson Level 3

 

 

 

J.D. STANTON, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.