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)
Before Commissioner
Stanton
|
11 September 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.