Government
Railways (Building Trades Construction Staff) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1646 of 2007)
Before Commissioner
McLeay
|
20 February 2008
|
REVIEWED
AWARD
Clause No. Subject Matter
1. Anti-Discrimination
2. Definitions
3. Terms of
Employment
4. Hours
5. Overtime
6. Rates of
Wages, Tool and Special Allowances
6A. No Extra
Claims
7. Charge
Hands
8. Annual
Leave Loading
9. Special
Rates
10. Saturday
Work
11. Sunday
Work
12. Picnic Day
13. Travelling
Time and Fares
14. Distant
Jobs
15. Inducement
Allowances
16. Sick Leave
17. Payment of
Wages
18. Amenities
19. Clothing
and Tools
20. Union
Notices
21. Notation
22. Leave
Reserved
23. Personal/Carer's
Leave
24. Dispute
Settlement Procedure
25. Redundancy
26. Occupational
Health and Safety for Employees of Labour Hire Employers
27. Area,
Incidence and Duration
1.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the ground of race, sex, martial status,
disability, homosexuality, transgender identity, responsibilities as a carer
and age.
(ii) It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by 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 this 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."
2. Definitions
In this award:
"Charge hand" shall be a building tradesperson on
construction who is required to be in charge of one or more employees and who
from time to time may be required to be in charge of a construction
project. Charge hands' duties may also
include the supervision of organisers work and will include all other duties as
directed.
"Employer" means the Rail Infrastructure
Corporation or any contractor or subcontractor engaged by Rail Infrastructure
Corporation or their successor organisations.
3. Terms of
Employment
(i) An employee
leaving their employment shall give the Employer one week's notice thereof.
(ii) Except in the
case of any employee discharged for misconduct, one week's notice of dismissal
by the Employer shall be given.
(iii) The Employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award provided that such duties are not designed to promote
deskilling.
(iv) The 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.
(v) Any direction
issued by an employer pursuant to subclauses (iii) and (iv) of this clause
shall be consistent with the Employer's responsibilities to provide a safe and
healthy working environment.
(Subclauses (iii), (iv) and (v) of this clause inserted
matter no. 769/91 op. 27.9.91.)
4. Hours
Except as provided elsewhere in this award, the ordinary
working hours shall be an average of 38 per week worked in accordance with the
following provisions for a four-week work cycle:
(i) Commencing 30
April 1982, the ordinary working hours shall be worked in any of the following
ways:
(a) by fixing one
week day on which all employees will be off during a four-week work cycle (i.e.
the location shuts down for a day once each four weeks and eight hours are
worked on the other 19 week days or those four weeks); or
(b) by rostering
employees off on various days of the week during a four-week cycle so that each
employee has one day off during that cycle (i.e. as in paragraph (a) above)
except that employees take various days off according to a roster so as to
avoid a location shutdown.
The ordinary working hours of employees who are called
upon to work afternoon and/or night shifts shall be as arranged by the
Employer.
Provided that, by agreement between the Employer and
their employees, an alternative day in the four-week cycle may be substituted
for the rostered day off and paid as though worked and, where such agreement is
reached, all provisions of this award shall apply as if such day was the
prescribed day off.
(ii) Where such
rostered day off falls on a public holiday, the next working day shall be taken
in lieu unless an alternate day in that four-week cycle or the next is agreed.
(iii) Paid leave at
full rates taken during any cycle of four weeks shall be regarded as a day
worked for accrual purposes. The period
of annual leave is inclusive of non-working days and, subject to all other
provisions, an employee shall be entitled to a maximum of 12 rostered days off
in a calendar year, except where an employee does not take annual leave in that
calendar year.
(iv) Except as in
subclause (iii) of this clause, employees not working a complete 19-day four
week cycle shall receive pro rata accrued entitlements for each day worked
payable for the programmed day off or, in the case of termination of
employment, on termination.
(v) An employee
who works on their day off will receive another day in lieu in the same
four-week work cycle but, if this is not practicable, it must be cleared in the
next work cycle. Should the employee
fail to clear the day in the first three weeks of the next work cycle, the
Employer will nominate the day to be cleared in the fourth week.
(vi) A break of not
less than 30 minutes shall be allowed for a meal each day Monday to Friday,
both inclusive, to other than employees working on afternoon and/or night
shifts. Meal breaks for employees
working on afternoon and/or night shifts shall be as agreed upon between the
Employer and the employees concerned.
(vii) Notwithstanding
anything contained in this clause, the time worked each day and the times of
commencing and ceasing work on any particular section of work may be varied by
agreement between a majority of the employees and the Employer, subject to a limit
of 10 hours maximum in any one day and 76 hours each fortnight for the purpose
of enabling employees to cease work early to make connection with transport.
(viii) Notwithstanding
anything contained in this award, the time worked each day and the times of
commencing and ceasing work on any particular section of work may be varied by
agreement between the relevant Unions and the Employer, provided that, where
the parties agree, ordinary hours may be worked in shifts of up to 12 hours'
duration without attracting an overtime penalty.
(Subclause (viii) of this clause inserted matter no.
769/91 op. 27.9.91.)
5. Overtime
(i) All time
worked beyond the ordinary time of work inclusive of time worked for accrual
purposes as prescribed in clause 4, Hours, shall be paid for at the rate of
time and a half times the ordinary rates for the first two hours thereof and at
double time thereafter.
(ii) When more
than one and a half hours' overtime is required to be worked, immediately after
ordinary working hours, or after what would be ordinary working hours if the
employee be working on a day the employee ordinarily has off, an employee
before starting to work such overtime shall be allowed a meal break of 20
minutes which shall be paid for at ordinary rates. The Employer and any employee may agree to any variation of this
provision, provided that the Employer shall not be required to make any
payments in respect of time allowed in excess of 20 minutes.
(iii) An employee
required to work overtime for more than two hours immediately after ordinary
finishing time without being notified the day before that the employee would be
so required to work shall either be supplied with a meal by the Employer or
paid $10.90 for the first meal and for each subsequent meal. If an employee pursuant to notice has
provided a meal or meals and is not required to work overtime, the employee
shall be paid as herein prescribed for meals so provided.
(iv) When an
employee on day work is required to work during their meal break, the employee
shall be paid at the rate of time and a half until the employee is allowed the
usual meal interval time, unless the employee is allowed 20 minutes for crib,
and is paid overtime for the balance of the meal interval time worked by the
employee.
(v) An employee
who works four hours' overtime after having had the meal break provided for in
subclause (ii) of this clause shall be allowed a further meal break of 20
minutes without deduction of pay if the employee is required to continue
working.
(vi) When any
employee is required to work overtime so long as to preclude their having at
least eight consecutive hours off duty between the ordinary ceasing time of one
shift and the ordinary commencing time of the next, the employee shall be
entitled to be absent, if the exigencies of the service permit, until the
employee has eight consecutive hours off duty without deduction of ordinary pay
for ordinary time of duty occurring during such absence; if the exigencies of
the service prevent such absence being allowed, the employee shall be paid at
the rate of double time for such portion of the eight hours as is worked.
(vii) No employee,
including a night shift worker, shall work for more than 16 hours' overtime in
any one week excepting in case of extreme emergency such as urgent repairs or
delay causing unemployment.
(viii) Subject to
subclause (ix) below, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for in this award.
(ix) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours, which are unreasonable.
(x) For the
purposes of subclause (ix) what is unreasonable or otherwise will be determined
having regard to:
(a) any risk to
employee health and safety;
(b) the employee's
personal circumstances including any family and carer responsibilities;
(c) the needs of
the workplace or enterprise;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) any other
relevant matter.
6. Rates of Wages,
Tools and Special Allowances
(i) Employees of
the classifications specified hereunder shall be paid at the following rates of
wages per week:
Classification
|
Base*
|
Tool
|
Fixed
|
Fixed
|
Tradespersons’
|
SWC
|
Total
|
|
rate
|
Allowance
|
special
|
Additional
|
Allowance
|
2000-
|
per wk
|
|
per wk
|
per wk
|
Allowance
|
loading
|
per wk
|
2007
|
|
|
|
|
per wk
|
per wk
|
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
Bricklayer
|
366.00
|
17.10
|
12.88
|
59.87
|
16.25
|
139.00
|
611.10
|
Bridge
|
|
|
|
|
|
|
|
Carpenter
|
366.00
|
24.20
|
12.88
|
59.87
|
16.25
|
139.00
|
618.20
|
Carpenter and
|
|
|
|
|
|
|
|
joiner
|
366.00
|
24.20
|
12.88
|
59.87
|
16.25
|
139.00
|
618.20
|
Painter
|
366.00
|
5.80
|
12.88
|
59.87
|
16.25
|
139.00
|
599.80
|
Signwriter
|
375.80
|
5.80
|
12.88
|
59.87
|
16.25
|
139.00
|
599.60
|
Plaster and
|
|
|
|
|
|
|
|
Fibrous
|
|
|
|
|
|
|
|
Plaster
|
|
|
|
|
|
|
|
Fixer
|
366.00
|
20.00
|
12.88
|
59.87
|
16.25
|
139.00
|
614.00
|
Plumber and
|
|
|
|
|
|
|
|
Gasfitter
|
369.10
|
24.20
|
12.88
|
59.87
|
16.25
|
121.00
|
623.30
|
* Please note the base rate includes the now deleted basic
wage component of $121.40.
Provided that the amount shown as additional loading
comprehends consideration for over award payments.
(ii) Without
limiting the general meaning, signwriting work shall include making of stencils
and stencilling by screen or any other method, and the making and/or fixing of
transfers.
(iii) The ordinary
hourly rates for employees engaged on leadburning shall be calculated by adding
to the hourly rate prescribed for journeyperson plumbers an amount of 58 cents
per hour.
(iv) The ordinary
hourly rates for employees in the following classifications shall be calculated
by adding to the hourly rate prescribed for journeyperson plumbers in this
clause and subclause (vi) of this clause, the following rates:
(a) When required
to act on a plumbers licence 76 cents
(b) When required
to act on a gasfitters licence 76 cents
(c) When required
to act on a drainers licence 64 cents
(d) When required
to act on a plumbers and gasfitters licence $1.02 cents
(e) When required
to act on a plumbers and drainers licence $1.02 cents
(f) When required
to act on a gasfitters and drainers licence $1.02 cents
(g) When required
to act on a plumbers gasfitter and drainers licence $1.40
(h) When required
to act on a Pressure Welding Certificate 44 cents
Gasfitting licence shall be deemed to include coal gas, town
gas, natural gas, liquid petroleum gas or any other gas where it is required by
any State Act of Parliament or regulation that the holder of a licence be
responsible for the installation of any such service or services.
(v) Tradespeople
covered by this award when employed on large construction projects being
constructed by the Public Transport Commission of NSW shall be paid not less
than the amount paid to tradespersons of the same class under the Building and
Construction Industry (State) Award in respect of wage rate, tool allowance,
industry allowance and special allowance. Any disputes between the parties
concerning construction work being defined as a large construction project
shall be referred to the Industrial Relations Commission of New South Wales for
determination.
(vi) A plumber
and/or gasfitter and/or drainer who is or will be required to be the holder of
a certificate of registration shall be paid 59 cents per hour in addition to
his ordinary rate of pay.
This allowance shall be paid for all purposes of the
Award with the exception of Clause 5 Overtime, in which case it shall be paid
at the flat rate and not subject to penalty provisions.
(vii) The allowances
contained in subclause (iv) and (vi) of this Clause are applicable to employees
working a 40 hour week. Where employees work an average of 38 hours per week in
a four week work cycle, the hourly rate indicated is to be multiplied by 40 and
divided by 38 to obtain the appropriate hourly rate.
6A. No Extra Claims
It is a term of this award arising from the decision of the
Commission in Court Session in the State Wage Case of 29 May 1991 that the
Union(s) undertake(s), for the duration of the principles determined by that
decision, not to pursue any extra claims, award or over-award, except when
consistent with those principles.
7. Charge Hands
Charge hand tradesmen shall be paid at the rate of the
following amounts whilst so employed in addition to rates of wages prescribed
by Clause 6, Rates of Wages, Tool and Special Allowances of this Award, for
employees of the same classification except in respect of the large
construction project allowance.
|
Per week
|
|
$
|
When in charge of not less than one and not more than nine
employees
|
76.90
|
When in charge of ten and not more than fifteen employees
|
89.60
|
When in charge of sixteen or more employees
|
103.00
|
8. Annual Leave
Loading
(i) Any employee
who has completed at least one year's service who is regularly on shift work
and rostered to work on Sundays and/or public holidays, when proceeding on
annual leave, shall be paid a loading at the rate of 20 per cent of the
appropriate weekly wage rates prescribed in this award in addition to payment
for such leave of absence.
(ii) Any other
employee who has completed at least one year's service when proceeding on
annual leave shall be paid a loading at the rate of 17 1/2 per cent of the
appropriate weekly wage rate prescribed by this award in addition to payment
for such leave of absence.
9. Special Rates
In addition to the ordinary rates of wages:
(i) High places:
A bridge carpenter when required to work at a height of 7.62 metres from the
ground, deck floor or water level shall be paid at the rate of 53 cents per
hour extra, and 9 cents per hour extra for every additional 3.048 metres. Height shall be calculated from where it is
necessary for the employee to place his hands or tools in order to carry out
the work to the ground deck, floor or water level.
For the purpose of this paragraph "deck" or
"floor" shall mean a substantial structure which, even though
temporary is sufficient to protect an employee from falling any further
distance and "water level" shall mean in tidal waters the mean water
level.
This paragraph shall not apply to workers working on
suitable scaffolding erected in accordance with the regulations under the Occupational
Health and Safety Act 2000 and certified by an inspector as conforming to
that Act.
(ii) An employee
required to work on the construction of chimneys and air shafts where the
construction exceeds 15.24 metres in height, shall be paid for all work above
15.24 metres 50 cents per hour with 11 cents per hour additional for work above
each further 15.24 metres.
(iii) Tunnels and
sewers: In the case of all employees whose craft award contains a similar
provision an employee when engaged in tunnel and sewer work in an underground
shaft exceeding 3.048 metres in depth shall be paid such additional minimum
rate as is provided for in such craft award.
(iv) Second hand
timber: A bridge carpenter or a carpenter and joiner who, whilst working on
secondhand timber has their tools damaged by nails, dumps or other foreign
matter in the timber shall be paid an allowance of $2.07 for each day upon
which his tools are so damaged: Provided
that no allowance shall be payable under this paragraph unless the damage is
immediately reported to the Commission's representative on the job in order
that he may have an opportunity to properly investigate the matter.
(v) Wet places: An
employee when working in any place where his clothing or boots become
saturated, whether by water, oil or otherwise shall be paid at the rate of 53
cents per hour extra: provided that this extra rate shall not be payable to an
employee who is provided by the employer with suitable and effective protective
clothing and/or footwear; provided further that any employee who becomes
entitled to this extra rate shall continue to be paid such extra rate for such
part of the day or shift as he is required to work in wet clothing or boots.
(vi) Chokages: A
plumber who is employed upon any chokage or oil chokage (other than domestic)
and is required to open up any soil pipe, waste pipe or drain conveying
offensive material, or scupper containing sewage shall be paid an additional
$5.56 per day or part of a day thereof.
(vii) Swing
scaffold: A payment of $3.98 for the first four hours or any portion thereof
and 78 cents for each hour thereafter on any day shall be made to any person
employed:
(a) on any type of
swing scaffold or any scaffold suspended by rope or cable, bosuns chair etc.
(b) on a suspended
scaffold requiring the use of steel or iron hooks or angle irons at a height of
6 metres or more above the nearest horizontal plane.
And further provided that solid plasterers when working off
a swing scaffold shall receive an additional 11 cents per hour.
(viii) Insulation:
Employee who is called upon to handle charcoal, pumice, granulated cork,
silicate of cotton, insulwool, slag wool, or other recognised insulation material
of a like nature or working in the immediate vicinity so as to be offended by
the use thereof, 59 cents per hour or part thereof.
(ix) Hotwork: An
employee who works in a place where the temperature has been raised by
artificial means to between 46 degrees and 54 degrees Celsius 47 cents per hour
or part thereof, exceeding 56 degrees Celsius- 67 cents per hour or part
thereof.
Where such work continues for more than two hours the
employee shall be entitled to 20 minutes rest after every two hours work
without loss of pay, not including the special rate provided by this
sub-clause.
(x) An employee
who works in a place the dimensions or nature of which necessitates working in
a cramped position or without sufficient ventilation shall be paid 67 cents per
hour extra.
(xi) Roof
repairs: Employees engaged on repairs
to roofs shall be paid 67 cents per hour.
(xii) An employee
who is an authorised operator of explosive power tools shall be paid $1.25 for
each day on which he uses such a tool.
(xiii) An employee
working on any structure at a height of more than 9.144 metres where an
adequate fixed support not less than .762 metres wide is not provided shall be
paid 53 cents per hour in addition to ordinary rates. This sub-clause shall not
apply to an employee working on a bosuns chair or swinging stage.
(xiv) A painter
engaged on all spray application carried out in other than a properly
constructed booth, approved by the Department of Commerce shall be paid 53
cents per hour extra.
(xv) Computing
quantities: Employees who are regularly required to compute or estimate
quantities of materials in respect to the work performed by other employees
shall be paid an additional $3.83 per day or part thereof, provided that, this
allowance shall not apply to an employee classified as a leading hand and
receiving allowance prescribed in Clause 7, Charge Hands of this award.
(xvi) Where an
employee is a qualified first-aid person and is employed to carry out the
duties of a qualified first-aid person the employee shall be paid an additional
rate of $2.29 per day.
(xvii) Applying
obnoxious substances:
(a) An employee
engaged in either the preparation and/or application of epoxy based materials
or materials of a like nature shall be paid 67 cents per hour extra.
(b) In addition
employees applying such material in buildings which are normally
air-conditioned shall be paid 42 cents per hour extra for any time worked when
the air conditioning plant is not operating.
(c) Where there is
an absence of adequate natural ventilation the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator
and in addition, protective clothing shall be supplied where recommended by the
Health Commission of New South Wales.
(d) Employees
working in close proximity to employees so engaged shall be paid 53 cents per
hour extra.
(e) For the
purpose of this clause 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.
(xviii) Marking-setting-out:
A building tradesperson mainly employed marking and/or setting out work for
other employees shall be paid an additional margin of $20.13 per week.
(xix) Cleaning down
brickwork: A bricklayer required to clean down bricks using acids or other
corrosive substances shall be paid 47 cents per hour extra. Whilst so employed
employees will be supplied with gloves.
(xx) Bricklayers
laying other than standard bricks: Bricklayers employed laying block (other
than cindercrete blocks for plugging purposes) shall be paid the following
additional rates:
Where the blocks with over 5.5 kg and under 9 kg - 53
cents per hour.
Where the blocks with 9kg or over up to 18 kg - 96
cents per hour.
Where the blocks weigh over 18 kg - $1.34 per hour.
An employee shall not be required to lift a building
block in excess of 20kg unless such employee is provided with a mechanical aid
or with an assisting employee; provided that, an employee shall not be required
to manually lift any building block in excess of 20kg in weight to a height of
more than 1.2 metres above the working platform.
(xxi) Asbestos:
Employees required to use materials containing asbestos or to work in close
proximity to employees using such materials shall be provided with, and shall
use, all necessary safeguards as required by the appropriate occupational
health authority and where such safeguards include the mandatory wearing of
protective equipment (i.e. combination overalls and breathing equipment or
similar apparatus) such employees shall be paid 67 cents per hour extra while
so engaged.
(xxii) Bagging:
Employees engaged upon bagging brick or concrete structures shall be paid 47
cents per hour.
(xxiii) Rates not
cumulative: Where more than one of the above special rates provides payment for
disabilities of substantially the same nature then only the highest of such
rates shall be payable. The above rates shall not form part of the ordinary
rates of wages for the purpose of calculation of overtime.
10. Saturday Work
(i) Time worked
on Saturday shall be paid for at the rate of time and one half for the first
two hours and double time thereafter; provided that an employee who attends for
work as required on Saturday shall be paid for not less than four hours' work.
(ii) All work
performed after 12 noon on Saturday shall be paid for at the rate of double
time.
(iii) All time
worked with the approval of the Employer between 12 midnight on Friday and 12
midnight on Saturday to make up time lost or to be lost in connection with
weekend home visitation shall be paid for at the rate of single time.
11. Sunday Work
All time worked on Sunday shall be paid for at the rate of
double time; provided that an employee who attends for work as required shall be
paid for not less than four hours' work.
12. Picnic Day
(i) The first
Monday in December of each year shall be the Union Picnic Day.
(ii) All employees
shall as far as practicable be given and shall take this day as Picnic Day and
shall be paid therefore as for eight hours' work at the rate of pay prescribed
in clause 6, Rates of Wages, Tool and Special Allowances. Any employee required to work on this day
shall be paid at the rate of double time and one half; provided that an
employee who attends for work as required on this day shall be paid for not
less than four hours' work.
(iii) The Employer
may require from an employee evidence of attendance or desired attendance at
the picnic and the production of the butt of a picnic ticket purchased for the
picnic shall be sufficient evidence to satisfy this requirement. Where such evidence is requested by the
Employer, payment need not be made unless the evidence is produced.
(iv) Where an
employer holds a regular picnic for their employees on some other working day
during the year, such day may be given and may be taken as a Picnic Day in lieu
of the Picnic Day here fixed.
(v) An employee
who is not required by the Employer to work in the area in which normally
employed on the Picnic Day and who does not purchase a ticket for the picnic
shall be provided with alternative duties on that day. Such duties to be at the discretion of the
Employer.
(vi) The employee
who so elects to work in accordance with subclause (v) of this clause shall not
be entitled to a day's leave in lieu thereof.
(Subclauses (iii), (v) and (vi) of this clause inserted
matter no. 1455/86 op. 5.12.86.)
13. Travelling Time
and Fares
(i) All time
occupied in travelling in excess of 20 minutes each way between the camp and
the place of work shall be paid for at the prescribed rate. Walking time shall be at the rate of a mile
in 20 minutes.
(ii) All fares
actually and reasonably incurred by an employee in travelling to and from their
place of employment in excess of $1.00 per week or, in the case of employees
engaged for less than one week, 20 cents per day, shall be paid by the
Employer; provided that, if an employee travels to work by a conveyance of
their own, the fares to be allowed shall be calculated as if travel were made
in the ordinary way.
(iii) Provided that
employees may elect on an annual basis to take a home and duty pass or have the
benefit of the provisions of this clause.
Provided further that persons employed after 9 July 1990 shall be issued
with a home and duty pass in lieu of the rates in this clause.
(Subclause (iii) of this clause inserted matter no.
769/91 op. 27.9.91.)
14. Distant Jobs
(i) For the
purpose of this clause, a "distant job" is a job the location of
which makes it impracticable for an employee to return from such job to their
residence daily.
(ii)
(a) An employee
sent to a distant job shall be conveyed thereto, with tools, free of charge.
(b) An employee
who has been sent to a distant job shall, upon ceasing work at the distant job,
be conveyed with tools from the distant job, either to the place whence they
were sent or to their residence or to the railway station nearest their
residence, whichever be the nearest to the distant job, free of charge;
provided that the employee:
(1) is not discharged
for incompetence within one week after commencing work on the job;
(2) is not
discharged for misconduct within three months after commencing on the job;
(3) does not leave
the job of their own volition within three months after commencing on the job.
(iii)
(a) An employee
who is sent to a distant job shall be paid at the rate of single time for the
time occupied in travelling between either the place whence they are sent or
their residence or the railway station nearest to their residence, whichever be
the nearest to the distant job, and the distant job.
(b) An employee
who has been sent to a distant job shall, upon ceasing work at the distant job,
be paid at the rate of single time for time occupied in travelling between the
distant job and either the place whence they were sent or their residence or
the railway station nearest their residence, whichever be the nearest to the
distant job, provided that the employee:
(1) is not
discharged for incompetence within one week after commencing work on the job;
or
(2) is not
discharged for misconduct within three months after commencing work on the job;
or
(3) does not leave
the job of their own volition within three months after commencing on the job.
(c) In no case
shall payment for travelling time exceed one day's wages at single time in a
period of 24 hours and the said period of 24 hours shall commence when the
travelling time first commences in that period, and there shall be only one
such commencement in each period of 24 hours.
They shall be paid also an amount of $14.30 to cover the expenses, if
any, of reaching their home and of transporting their tools.
(iv) An employee
working on a distant job who is provided with the same camping and related
facilities as are prescribed by the award applying to the majority of the
employees of the Employer on the project shall be deemed to be "in
camp" and shall be paid an allowance of $12.90 for each day upon which the
location of their work requires the employee to remain in camp.
(v) An employee
working on a distant job when not required to camp shall be provided by the
Employer with reasonable board and lodging or paid an allowance of $381.10 per
week of seven days. In the case of
broken parts of a week occurring at the beginning or end of a period during
which and employee is working on a distant job, the allowances shall be all
living expenses actually and reasonable incurred, but not exceeding $381.10.
(vi) An employee
claiming payment of any allowance under this clause shall produce evidence
satisfactory to the Employer that the employee is entitled to the payment
claimed.
(vii) Allowances
paid, pursuant to this clause, shall not be wages for any purpose of this
award.
(viii) Where an
employee is travelling to or from distant work, the employee shall be entitled
to a meal allowance of $10.90 for each meal incurred.
15. Inducement
Allowances
(i) An employee
stationed permanently on the following lines:
West of Euabalong West to Broken Hill
West and north-west of Nevertire to Cobar, Bourke and Brewarrina
West and north-west of Wee Waa to Walgett and Pokataroo
North and north-west of Edgeroi to Mungindi and Wubbera
shall be paid an allowance as follows:
|
Per Week
|
|
$
|
Employee with Dependant/s
|
9.00
|
Employee without Dependant/s
|
7.60
|
(ii) An employee
with a spouse or partner who is also entitled to the allowance shall be
regarded as an employee without dependants for the calculation of the
allowance.
(iii) Where at 5
September 2002 an employee was entitled to the allowance at the dependant/s rate,
that employee shall continue to be paid at the dependant/s rate.
(iv) Where an
employee in receipt of an inducement allowance acts temporarily in his/her own
classification or in a lower classification in an area which does not entitle
the employee to an inducement allowance, he/she shall be paid at his/her normal
rate plus the inducement allowance for the area in which he/she is permanently
stationed.
(v) Where an
employee in receipt of an inducement allowance acts temporarily in a higher
classification in an area which does entitle the employee to an inducement
allowance, he/she shall be paid the acting rate plus the inducement allowance
for the area in which he/she is permanently stationed.
(vi) The allowance
is paid for ordinary time only.
(vii) For the
purpose of this clause, a dependant means a spouse in either a marital or de
facto relationship, including a same sex partner who resides with the officer
on a bona fide domestic basis; or a child or parent of the officer or of the
spouse or partner who ordinarily resides with the officer and is wholly or
substantially dependant on the officer.
16. Sick Leave
An employee who, after not less than three months'
continuous service in their current employment, is unable to attend for duty
during their ordinary working hours by reason of personal illness or personal
incapacity (including incapacity resulting from injury within the Workers
Compensation Act 1987 and or Workplace Injury Management Act 1998)
not due to their own serious and wilful misconduct shall be entitled to be paid
at the rate of single time for the period of such non-attendance, subject to
the following:
(i) Payment in
connection with sick leave is to be made on the next regular pay day after the
employee reports sick and such payment shall continue on regular pay days until
the employee exhausts their sick leave or resumes duty.
(ii) They shall
not be entitled to be paid leave of absence for any period in respect of which
they are entitled to workers compensation.
(iii) They shall,
within 24 hours of the commencement of such absence, inform the Employer or
their representative of their inability to attend for duty and, as far as
possible, state the nature of the illness or incapacity and the estimated
duration of same.
(iv) They shall
prove to the satisfaction of the Employer (or in the event of a dispute the
Industrial Relations Commission) that the employee is or was unable on account
of such illness or incapacity to attend for duty on the days or days for which
payment under this clause is claimed.
(v) An employee
shall not be entitled in respect of any year of continued employment to sick
pay for more than 76 ordinary working hours.
Any period of paid sick leave allowed by the Employer to any employee in
any such year shall be deducted from the period of sick leave which may be
allowed or carried forward under this award in or in respect of such year. Each hour of sick leave paid shall count for
accrual purposes for clearance of accrued day off.
(vi) The rights
under this clause shall accumulate from year to year so long as their
employment continues with the Employer so that any part of 76 hours which has
not been allowed in any year may be claimed by the employee and shall be
allowed by the Employer subject to the conditions prescribed by this clause, in
a subsequent year of such continued employment. Any rights which accumulate pursuant to this subclause shall be
allowed by the Employer in any subsequent year of employment.
(vii) For the
purpose of this clause, "continuous services" shall be deemed not to
have been broken by:
(a) any absence
from work no leave granted by the Employer; or
(b) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall in each case be upon the employee).
Provided that any such absence as aforesaid shall not
be counted in computing the qualifying period of three months.
(viii) Service with
the Employer before the date of coming into operation of this award shall be
counted as service for the purpose of qualifying thereunder.
17. Payment of Wages
(i) One day of
each period shall be recognised as pay day for each job. It shall be not later
than the same day in each period. When or before payment of wages is made to an
employee they shall be issued with a docket showing at least the gross amount
of wages and the amount of any deductions which are made from his earnings.
Employees shall be paid during ordinary working hours. If they are paid during
the usual mealtime such time so occupied shall be added to the actual mealtime.
(ii) Any employee
required to wait after their ordinary ceasing time to receive his wages shall
be paid at ordinary rates for all time kept waiting to be paid. When employees
are discharged, except for misconduct they shall be paid all wages due to them
at the time of their discharge. In the case of discharge for misconduct or of
resignation they shall be paid all wages due to them within twenty-four hours
after discharge or the timekeeper and/or ganger is notified of resignation by
the employee. In the case of any delay beyond the time herein stated they shall
be paid at ordinary rates for all working time they are kept waiting.
(iii) Provided that
payment of wages shall be by electronic funds transfer to account. In cases where hardship may occur due to
inaccessibility of facilities, consideration will be given to payment by
cheque.
(3rd subclause of Clause 15 inserted matter no. 769/91
op. 27.9.91)
(iv) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
(b) 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;
(c) 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
(d) there shall be
no requirement to make deductions for casual employees with less than two
months' service (continuous or otherwise).
(e) 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.
(f) 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:
(g) 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
(h) 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.
(i) 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.
(j) 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.
(k) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(l) 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.
(m) 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 14th May 2004.
(n) In the case of
employers who do not fall within subparagraph (m) 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 or after 14th August 2004.
(o) For all other
employers, from the beginning of the first pay period to commence on or after
14th November 2004.
18. Amenities
(i) The Employer
shall provide, at all camps, sanitary conveniences in accordance with the
requirements of the local health authorities but, in any case, not of a lower
standard than the following:
(a) the sanitary
conveniences shall be so located as to preclude the possibility of
contamination of the water supply and/or foodstuffs of the employees;
(b) the
conveniences shall be fly-proof and shall have sufficient covering to provide
for shade and protection from weather and to ensure decency;
(c) one seat shall
be provided for each 10 employees and each seat shall be separately partitioned
off;
(d) sufficient and
proper material shall be supplied to render the conveniences innocuous;
(e) the
conveniences shall be maintained in a clean condition.
(ii) The Employer
shall provide adequate drainage for all camps.
(iii) The Employer
shall on all jobs:
(a) make
reasonable provision to enable employees to eat their lunch, to change and keep
their clothes and to shelter;
(b) provide clean,
fresh and, as far as reasonably practicable, cool drinking water at all times;
(c) provide within
easy access, sufficient boiling water for the use of employees at meal breaks
and at rest periods;
(d) provide
sanitary conveniences reasonably accessible to all employees.
19. Clothing and
Tools
(i) A bricklayer
who in the course of their work is required to use muriatic acid shall be
provided by the Employer with protective clothing.
(ii) The Employer
shall provide for the use of employees tools, as herein prescribed, when such
tools are required for the work to be performed by the employees:
(a) For
bricklayers -
Scutch combs
Hammers excepting mash and brick hammers
Rubber mallets
T-squares
(b) For carpenters
-
Dogs and cramps of all descriptions
Bars of all descriptions over 24 inches long
Augers of all sizes
Star bits and bits not ordinarily used in a brace
Hammers except claw hammers and tack-hammers glue pots
and glue brushes
Dowell plates
Trammels
Hand and thumb screws
(c) For plumbers -
Metal pots
Mandrills
Long dummies
Stock and dies for iron, copper and brass pipes
Cutters
Tongs
Tops and drills
Vices
Ratchets
Cramps
Caulking tools
Hacksaws and blades
Files
Welding and brazing outfits, including goggles where
necessary
Soldering irons of 1 1/2 lbs or over
All shop tools (the usual kitbag of tools only to be
supplied by the employees)
(iii)
(a) Saw-sharpening
and tool-grinding may be done by employees during working hours.
(b) The Employer
shall provide for the use of carpenters and joiners and bridge carpenters files
for sharpening saws and grindstones. If
the grindstone is not driven by steam or other mechanical power, assistance
shall be provided to turn it.
(iv)
(a) A suitable
lock-up place for tools shall be provided by the Employer at each depot.
(b) A suitable
lock-up place for tools shall be provided by the Employer at each place of work
except where a place of work is in close proximity to the depot and provision
is made for employees to deposit their tools in the lock-up at the depot within
working hours.
(c) Lock-up places
for tools shall be such as to provide for protection against fire and inclement
weather and security against theft.
(v) In the case of
an employee whose craft award contains a similar provision, the Employer shall
insure and keep insured against loss of damage by fire of theft whilst on their
premises such tools of the employee as are used by the employee in the course
of their employment.
The employee if requested so to do shall furnish to the
Employer a list of all their tools so used by them.
(vi) An employee
whose clothing or tools are damaged by acids or sulphur or other deleterious
substance due to the circumstances of their employment shall be recompensed by
the Employer to the extent of their loss; provided that this subclause shall
not apply if it be proved that such damage was caused by the employee's
negligence.
20. Union Notices
The Secretary of any of the Unions whose members are
provided for in this award shall be entitled to post Union notices not
exceeding 14 inches by 9 inches in a suitable place agreed upon with the
Employer; provided that any representative of the Employer shall be entitled to
remove any notice which the Employer thinks should be removed on the ground that
it is offensive or objectionable.
21. Notation
The rates of wages prescribed by this award are subject to
alteration during the currency of the award in the event of the Industrial
Relations Commission making a determination pursuant to the Industrial Relations
Act 1996.
22. Leave Reserved
Leave is reserved to the Unions to apply in respect of the
following matters:
(a) For an extra
rate for applying obnoxious substances.
(b) Travelling
Time. Sick Leave.
23. Personal/Carer's
Leave
1.1 Use of Sick
Leave
1.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph 1.1.3(ii) of this clause 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, for absences to
provide care and support, for such persons when they are ill. Such leave may be taken for part of a single
day.
1.1.2 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.
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.
1.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first-mentioned person who lives with the first-mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
1.1.4 An employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the Employer by telephone of such absence at the first
opportunity on the day of absence.
1.2 Unpaid Leave
for Family Purpose
1.2.1 An employee may
elect, with the consent of the Employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
subparagraph 1.1.3(ii) above who is ill.
1.3 Annual Leave
1.3.1 An employee may
elect with the consent of the Employer, subject to the Annual Holidays Act
1944 (NSW), to take annual leave not exceeding five days in single-day periods
or part thereof, in any calendar year at a time or times agreed by the parties.
1.3.2 Access to
annual leave, as prescribed in paragraph 1.3.1 above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
1.3.3 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.
1.4 Time Off in
Lieu of Payment for Overtime
1.4.1 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.
1.4.2 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.
1.4.3 If, having
elected to take time as leave in according with paragraph 1.4.1 above, 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.
1.4.4 Where no
election is made in accordance with paragraph 1.4.1 above, the employee shall
be paid overtime rates in accordance with the award.
1.5 Make-up Time
1.5.1 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.
1.5.2 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 a later time) at the shift work rate which would
have been applicable to the hours taken off.
1.6 Rostered Days
Off
1.6.1 An employee may
elect, with the consent of the Employer, to take a rostered day off at any
time.
1.6.2 An employee may
elect, with the consent of the Employer, to take rostered days off in part-day
amounts.
1.6.3 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.
1.6.4 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 Unions to participate in negotiations.
24. Dispute
Resolution Procedure
(1) Any grievance,
claim or dispute which arises shall, subject to the delegation of the
supervisor concerned and provided the grievance, claim or dispute relates to a
local matter only and its resolution will not have a repercussive impact on
other locations, be settled where possible at the workplace between the
employee concerned and their immediate supervisor.
(2) If the problem
is not resolved at this level, it is to be discussed between the employees
concerned, the accredited local Union representative and the local controlling
officer.
(3) Should the
problem be incapable of resolution at the local level, the Employer and the
Union involved will confer and prompt arrangements shall be made for accredited
representatives of the Union to discuss the matter with the line manager or
their representative, together with officers of the Industrial Relations and/or
Human Resource sections.
(4) If the problem
remains unresolved, the General Manager, Employee Relations, or their nominee
and the President or Secretary of the State or Federal Branch of the Union
concerned or their nominee, whichever is appropriate, should confer and take
appropriate action to arrive at an agreement on the matters in dispute.
(5) At any stage
of the procedures, the parties may, by agreement, seek the assistance of a
member of the appropriate industrial tribunal or a mutually acceptable neutral
arbitrator for the purpose of endeavouring to conciliate or, by agreement,
arbitrate on the matter.
(6) In the event
of failure to resolve the matters by Steps (1) to (5) and where the parties are
unable to agree that the matters be determined by the appropriate industrial
tribunal, the Union(s) concerned, before taking any action which would affect
the operation of the service or members of other Unions, shall forthwith notify
Unions New South Wales of the existence of the dispute, following upon which a
cooling-off period of 72 hours, excluding weekends and public holidays, shall
apply to enable the Unions New South Wales to assist in the resolution of the
dispute. A copy of the notification
shall be forwarded to the Employer .
(7) During the
progress of all Steps (1) to (6), as indicated above (i.e. until the expiration
of a 72-hour notice of dispute), no changes will be implemented that are in
dispute and work shall continue as normal, except where there is a bona fide
safety issue involved.
(8) Should a
dispute still remain after the above procedures have been followed, either
party shall be free to take the course they consider appropriate, including
referral of the matter to the Australian Industrial Relations Commission for
conciliation or arbitration within the Commission's jurisdiction.
(9) Where a Union
lodges a claim or is in dispute with the Employer over the claim, the parties
shall follow the procedures set out herein.
(10) In the event of
any breach or threatened breach of the procedures outlined in Steps (1) to (6)
by either party or in the event of a dispute existing, Unions New South Wales and
the Employer will confer immediately and take whatever action is necessary to
resolve the matter.
(11) In the event of
a demarcation dispute arising, the above procedures shall be observed and work
shall continue as normal where it is agreed there is an existing custom;
otherwise work shall be continued at the instruction of the Employer.
(12) Stoppages
directed by Unions New South Wales or the ACTU and generally applying in
industry are exempted from this provision.
(13) Nothing
contained herein shall preclude either the Employer or Unions New South Wales
from entering into direct negotiations on any matter.
25. Redundancy
25.1 Definition
"Redundancy" means:
(a) a situation
where an employee who has less than 12 months' employment with their current
employer and ceases to be employed by an employer, other than for reasons of
misconduct or refusal of duty or termination of employment by the employee;
(b) a situation
where an employee who has more than 12 months' employment with their current
employer and ceases to be employed by an employer, respondent to the award,
other than for reasons of misconduct or refusal of duty.
"Redundant" has a corresponding meaning.
25.2 Redundancy Pay
A redundant employee shall receive redundancy/severance
payments, calculated as follows, in respect of all continuous service with
their employer.
Period of
continuous service with an employer
|
Redundancy/Severance
Pay
|
1 year or more but less than 2 years
|
2.4 weeks' pay plus, for all service in excess of 1
|
|
year, 1.75 hours' pay per completed week of
|
|
service up to a maximum of 4.8 weeks' pay
|
2 years or more but less than 3 years
|
4.8 weeks' pay plus, for all service in excess of
|
|
2 years, 1.6 hours' pay per completed week of
|
|
service up to a maximum of 7 weeks' pay.
|
3 years or more but less than 4 years
|
7 weeks' pay plus, for all service in excess of 3
|
|
years, 0.73 hours' pay per completed week of
|
|
service up to a maximum of 8 weeks' pay.
|
4 years or more
|
8 weeks' pay
|
Provided that, where the employee is terminated by the
Employer for reasons other than misconduct or refusal of duty and the employee
has been employed for less than 12 months' continuous service, then the
employee shall be entitled to a redundancy/severance payment of 1.75 hours per
week of service.
25.3 "Week's
pay" means the ordinary-time rate of pay at the time of termination for
the employee concerned.
25.4 If an employee
dies with a period of eligible service which would have entitled that employee
to redundancy pay, such redundancy pay entitlement shall be paid to the estate
of the employee.
25.5
(i) Any period of
service as a casual employee shall not entitle an employee to accrue service in
accordance with this clause for that period.
(ii) Service as an
apprentice will entitle an employee to accumulate credits towards the payment
of a redundancy benefit in accordance with this clause if the employee
completes an apprenticeship and remains in employment with that employer for a
further 12 months.
25.6 An employer
bound by this award may utilise a fund to meet all or some of the liabilities
created by this clause. Where an
employer utilises such a fund:
(i) 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
(ii) where a fund
which has been established pursuant to an agreement between unions and
employers does not make payments in accordance with this clause, contributions
made by an employer on behalf of an employee to the fund shall, to the extent
of those contributions, be set off against the liability of the Employer under
this clause, and payments to the employee shall be made in accordance with the
rules of the fund or any agreement relating thereto and the employee shall be
entitled to the fund benefit or the award benefit, whichever is greater but not
both.
25.7 Service as an
employee for Crown in the Right of the State of New South Wales shall not be
counted as service for the purpose of this clause.
25.8 An employee
whose employment is to be terminated in accordance with this clause may
terminate their employment during the period of notice and, if this occurs,
shall be entitled to the provisions of this clause as if the employee remains
with the Employer until expiry of such notice.
Provided that, in such circumstances, the employee shall not be entitled
to payment in lieu of notice.
25.9 Transmission of
Business
(i) Where a
business is, before or after the date of this award, transmitted from an
employer (in this subclause called "the transmittor") to another
employer (in this subclause called "the transmittee") and an employee
who at the time of such transmission was an employee of the transmittor in that
business becomes an employee of the transmittee:
(a) the continuity
of the employment of the employee shall be deemed not to have been broken by
reason of such transmission; and
(b) the period of
employment which the employee has had with the transmittor or any prior
transmittor shall be deemed to be service of the employee with the transmittee.
(ii) In this
subclause "business" includes trade, process, business or occupation
and includes part of any such business and "transmission" includes
transfer, conveyance, assignment or succession whether by agreement or by
operation of law and "transmitted" has a corresponding meaning.
26. Occupational
Health and Safety for Employees of Labour Hire Employers
26.1 Occupational
Health and Safety for employees of labour hire employers
(i) For the
purposes of this subclause, the following definitions shall apply:
(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.
(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.
(ii) The employer
engaging 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):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(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;
(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
(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.
(iii) Nothing in
this subclause 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.
(iv) 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.
(v) 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 ANTA Ministerial Council.
27. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the
Government Railways (Building Trades Construction Staff) Award published 13 May
2005 (350 I.G. 1070).
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 20 February 2008.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.