Crown Employees (Skilled Trades) Award 2022

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Industrial Relations Secretary.

 

(Case No. 198224 of 2022)

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.        Subject Matter

 

1.        Definitions

2.        Hours - Day Workers

3.        Rates of Pay

4         Allowances

5.        Tool Allowance

6.        Leading Hands

7.        Mixed Functions

8.        Excess Fares and Travelling Time

9.        Overtime

10.      Shift Work

11.      Holidays and Sunday Work

12.      Payment of Wages

13.      Contract of Employment

13A     School Based Apprentices

14.      Distant Work

15.      Chokages

16.      Special Conditions

17.      Hygiene and Safety First-Aid Outfit

18.      Conveniences

19.      Piecework

20.      Damage to Clothing or Tools

21.      Sharpening Tools

22.      Special Tools and Clothing

23.      Insurance of Tools

24.      Exhibition of Award

25.      Anti-Discrimination

26.      Carer’s Leave

27.      Union Delegates

28.      Dispute Resolution

29.      Transport of Employee's Tools

30.      Picnic Day

31.      General Leave Conditions and Accident Pay

32.      Deduction of Union Membership Fees

33.      Work Health and Safety for Employees of Labour Hire Employers

34.      No Extra Claims

35.      Area, Incidence and Duration

 

PART B

 

RATES AND ALLOWANCES

 

Table 1 - Rates of Pay

Table 2 - Tool Allowances

Table 3 - Allowances

 

PART A

 

This award shall be known as the Crown Employees (Skilled Trades) Award 2022.

 

1.  Definitions

 

1.1      For the purpose of this award, the definitions of the various classes specified in clause 3, Rates of Pay, of this award, shall be those which are contained in the respective State Craft Awards in relation to similar classes.

 

1.2      "Plant Mechanic" shall mean a Worker engaged in making, repairing, altering and testing metal parts (including electrics) of engine, frames, tracks, transmissions and auxiliaries of machines used on construction, earthmoving or similar operation.

 

1.3      Mechanical Tradesperson - Special Class means a Mechanical Tradesperson who is mainly engaged in any combination of installing, repairing and maintaining, testing, modifying, commissioning or fault finding on complex machinery and equipment which utilises hydraulic and/or pneumatic principles. They must be able in the course of such work to read and understand hydraulic and/or pneumatic circuitry that controls fluid power systems.

 

To be classified as a Mechanical Tradesperson - Special Class a tradesperson must have had a minimum of two years on-the-job experience as a tradesperson working predominantly on fluid power systems to enable the carrying out of such work with minimum supervision and technical guidance; and

 

Additionally, they must have satisfactorily completed a prescribed post-trades course or reached a comparable standard of skill and knowledge by other means including in-plant training or on-the-job experience.

 

1.4      Electronic Tradesperson - for the purpose of this definition "mainly engaged" means regularly over a period or intermittently during a week.

 

1.4.1   "Electronic Tradesperson" means an electrical tradesperson who is engaged in applying their 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 their tasks.

 

To be classified as an Electronic Tradesperson, the employee 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 electronic tradesperson, a tradesperson must be capable of:

 

(a)       Maintaining and repairing multi-function printed circuitry using circuit diagrams and test equipment;

 

(b)       Working under minimum supervision and technical guidance;

 

(c)       Providing technical guidance within the scope of the work described in this definition;

 

(d)       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.  Hours - Day Workers

 

2.1      Except as provided elsewhere in this Award the ordinary working hours shall be thirty-eight per week and shall be worked in accord with the following provisions for a four-week work cycle:

 

The ordinary working hours shall be worked as a twenty-day four-week cycle Monday to Friday inclusive with nineteen working days of eight hours each between the hours of 6.00a.m. and 6.00p.m. Employees shall be credited with 0.4 of one hour on each day worked.  This time will accrue as an entitlement to take the fourth Monday in each cycle as a day off with pay.

 

By agreement in writing between the employer and the employee(s) an alternate day may be substituted for the fourth Monday. All provisions of the relevant award will apply to the alternate day as to the usual rostered day off (RDO).

 

The agreement regarding the substituted day shall be made at least seven (7) clear days prior to the date of the RDO.

 

Where an employee works on their rostered day off in accordance with this sub-clause, they may elect, where practicable, to have another day off before the end of the succeeding work cycle. In such a case the accrued entitlements are transferred to the substituted day off.

 

Provisions of subclause 2.5 shall not apply where 7 days clear notice is given in accordance with subclause 2.1 of this clause.

 

No later than the 1st December each year the employer organisation and the Unions NSW Building Trades Group of Unions shall meet to program the calendar so as to ensure that where appropriate rostered days off fall together with Public Holidays as prescribed in clause 11, Holidays and Sunday Work, of the award.

 

2.2      Where the fourth Monday or agreed RDO falls on a public holiday, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four-week cycle (or the next four-week cycle) is agreed in writing between the employer and the employee.

 

2.3      Each day of paid, sick or recreation leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

2.4      Where an employee has not worked a complete 4 week cycle, they shall be entitled to pro-rata accrued entitlements towards an RDO for each day (or fraction thereof) worked or regarded as worked in the cycle.  This provision will also apply to their entitlements on termination of employment.

 

2.5      In addition to their accrued entitlements, employees shall be paid at the rates for Saturday work as provided in Clause 9 of this award, if required by the employer to work on an accrued RDO.  The requirement to work shall apply in circumstances where it is necessary to enable other workers to be employed productively, or to carry out maintenance outside ordinary working hours, or for any other reasons arising from unforeseen delays and/or emergency circumstances on a project.

 

2.6      A paid rest period of ten minutes shall be provided between 9a.m. and 11a.m. or at such earlier time as may be mutually agreed upon.  Employees will be allowed a tea break during the afternoon period at a time to be arranged by the employer.  The taking of the tea break shall not involve a complete stoppage of work.  Where the majority of employees on a particular site are covered by awards other than this award, the conditions for the taking of morning and afternoon rest breaks that apply to the majority shall be observed by mutual agreement.

 

2.7      Painters shall be allowed five minutes before lunch and before knock off time to clean and put away their brushes, tools, etc., and bridge and wharf carpenters shall be allowed five minutes before ceasing time to wash and put away gear.

 

3.  Rates of Pay

 

An employee of a classification specified in Part B, Table 1 - Rates of Pay, shall be paid the weekly rate of pay assigned to that classification as shown in Table 1.

 

4.  Allowances

 

4.1      In addition to the wages and tool allowances prescribed in Part B, Table 1 and Item 1 of Table 2 of this Award, the following special rates and allowances as set out in Part B, Table 3 - Allowances shall be paid to employees.

 

4.2      Carpenter Diver: The hourly rate of pay for a Carpenter Diver shall be calculated by adding the allowance rate specified in Item 1 of Part B, Table 3 to the weekly rate for a bridge and wharf carpenter and dividing the result by 31.

 

4.3      The following provisions shall apply when a bridge and wharf carpenter is called upon to work as a diver.

 

(a)       In the period before the lunch break, payment shall be at the carpenter-diver rate for all time worked, with a minimum payment of three hours.

 

(b)      After the lunch break, payment at carpenter-diver rate is for time worked or for three hours, whichever is the greater.

 

(c)       Where the employee undertakes work as a carpenter-diver both before and after the daily meal break on the same day, payment for the whole day of six hours twelve minutes shall be at the carpenter-diver rate.

 

(d)      For any other work on a day during a period when not paid as a carpenter diver they shall receive the rates for a bridge and wharf carpenter.

 

(e)       A carpenter-diver required on any day or shift to work at depths of twelve metres or over shall be paid a minimum of six hours twelve minutes at the Carpenter Divers' rate for such day or shift.

 

4.4      Electricians - An electrician who is the holder of a New South Wales Electrician’s licence shall be paid the allowance rate specified in Item 2 of Part B, Table 3.

 

4.5      Lead Burner - The ordinary rates for lead burners shall be calculated by adding to the rate prescribed for journeyman plumbers in this award the allowance rate specified in Item 3 of Part B, Table 3.

 

4.6      Plumber and Drainer - The ordinary rate of wages for employees in each of the undermentioned classifications shall be calculated by adding to the rate specified in Part B, Table 1 the allowance rate specified in Item 4 of Part B, Table 3:

 

4.6.1   When required to act on their Plumber's licence;

 

4.6.2   When required to act on their Gasfitter's licence;

 

4.6.3   When required to act on their Drainer's licence;

 

4.6.4   When required to act on their Plumber's and Gasfitter's licence;

 

4.6.5   When required to act on their Plumber's and Drainer's licence;

 

4.6.6   When required to act on their Gasfitter's and Drainer's licence;

 

4.6.7   When required to act on their Plumber's, Gasfitter's and Drainer's licence.

 

4.7      Electric Welding - An additional allowance as specified in Item 5 of Part B, Table 3 shall be paid to employees holding a Department of Industrial Relations oxy-acetylene or electric welding certificate and who operate at the skill levels required for the certificate.  The allowance will be paid in addition to the rates for a journeyman/plumber contained in the award for work necessitating the holding of a certificate, supervision by a certificate holder or while supervising such work.

 

4.8      Boot or Shoe Repairer - A boot or shoe repairer who for the major part of the week is required to repair anatomical, surgical or orthopaedic boots or shoes shall be paid the allowance rate specified in Item 6 of Part B Table 3.

 

4.9      Shipwright-Boat builder - The ordinary rate of wages for Liner Off, Lofts person and Model Maker shall be calculated by adding to the rate prescribed in clause 3, Rates of Pay, the allowance rate specified in Item 7 of Part B, Table 3.

 

4.10    Computing Quantities - Employees, excluding leading hands and charge hands, who are regularly required to compute or estimate quantities or materials in respect to the work performed by the other employees shall be paid the allowance rate specified in Item 8 of Part B, Table 3.

 

4.11    Joiners, NSW Public Works: A Joiner employed in the NSW Public Works division of the Department of Finance, Services and Innovation shall be paid the allowance rate specified in Item 9 of Part B, Table 3.  This rate is fixed for all purposes of the award.

 

The provisions of this subclause shall only apply to a joiner when required to work at their regular place of employment.

 

Where a joiner works away from their regular place of employment, a deduction specified in Item 9 of Part B, Table 3 shall be made from the allowance rate so specified for each day so worked.

 

4.12    Registration Allowance - 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 the allowance rate specified in Item 10 of Part B, Table 3.  This allowance shall be paid for all purposes of the award with the exception of Clause 9, Overtime, and Clause 10, Shift Work, of this award.  In this case it shall be paid as a flat rate for all hours worked.

 

4.13    Marking Off/Setting Out - A building tradesperson mainly employed marking and/or setting out work for other employees shall be paid the allowance rate specified in Item 11 of Part B, Table 3.

 

4.14    Cold Places - Employees working in places where the temperature is reduced by artificial means to less than 0 degrees Celsius shall be paid the allowance rate specified in Item 12 of Part B, Table 3. Where such work continues for more than two hours, employees shall be entitled to twenty minutes rest after every two hours work without loss of pay.

 

4.15    Confined Spaces - Employees required to work in a confined space shall be paid the allowance rate specified in Item 13 of Part B, Table 3.  Confined space means a place the dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation.

 

4.16    Dirty Work -

 

4.16.1 Work which is considered by both a supervisor and worker to be of a dirty or offensive nature by comparison with the work normally encountered in the trade concerned, and for which no other special rates are prescribed, shall be paid for by the allowance rate specified in Item 14 of Part B, Table 3.

 

In the case of disagreement between the supervisor and worker the latter shall be entitled within twelve hours to ask for a decision on their claim by the employer, their industrial officer, manager, superintendent or engineer.  A decision shall be given on the worker's claim within twenty-four hours of its being asked for (unless the time expires on a non-working day, in which case it shall be given on the next working day) or else the said rate shall be paid.  In any case where the union is dissatisfied with the decision of the employer, their industrial officer, manager or engineer, it shall have the right to bring such case before the Industrial Commission of New South Wales.

 

4.16.2 In addition to the minimum rates of pay specified by this award, a bridge and wharf carpenter shall receive an allowance as specified in Item 14 of Part B, Table 3 when working in the following circumstances:

 

(a)       when using creosote, tar, bitumen, wood preservative or any other material or liquid that is damaging to clothes or unduly objectionable to the employee or damaging to their tools; and

 

(b)       when working with materials which have been treated with any of the said substances in such a way as to pollute the clothes or the person of the employee or damage their tools.

 

4.16.3 Oil or other suitable solvents shall be provided by the employer free of charge to bridge and wharf carpenters to remove tar, bitumen, creosote or similar preparations from their persons.

 

4.16.4 In addition to the minimum rates of pay provided by this award, a special hourly allowance set out at Item 14 of Part B, Table 3 is available to a bridge and wharf carpenter in the following circumstances.  The allowance is payable where the employee is working in such dirty or dusty conditions that they incur damage to their clothing or injuries to their person.  This may include work on, or engagement in, construction, repair, demolition or renovation of coal hoppers or bins, or metal hoppers or bins, or on the repair, demolition or renovation of wharves or gantries, bridges, piers, towers or flying-foxes, jetties, dolphins or works of a like nature.

 

4.16.5 In the event of any dispute arising as to whether any work is of a character entitling a bridge and wharf carpenter to a special payment in terms of paragraphs 4.16.2 and 4.16.4 of this clause, the matter may be referred to the Industrial Relations Commission of New South Wales.  A decision in respect of any claim shall be made by the employer or their engineer within forty-eight hours of the claim being made.

 

4.16.6 A Shipwright Boat builder who is:

 

(a)       stripping, caulking, tarring and sheathing on old work below the waterline;

 

(b)       doing work in connection with coal bunkers and holds in which coal has been carried and dirty steering gear;

 

(c)       doing work in connection with wooden ceilings in hatches, sheathing in holds, replacing timber on ceilings and sheathing in connection therewith (old work only);

 

(d)       doing work where laykold, risqué steel, never reust, adfast, wetted lead, on azote or any similar materials are used by shipwrights;

 

(e)       doing work with a portable sanding machine when an adequate dust catcher is not fitted to such machine;

 

(f)       doing work in places where bulk sugar, scrap iron, hides and cement have been carried;

 

(g)       doing work which is rendered unusually dirty by the presence of coal (other than Indian and South African);

 

shall receive a special hourly rate as set out at Item 15 of Table 3 whilst so employed in addition to the minimum rates of pay provided by this award.

 

4.17    Height Money: - Employees, working at a height of 7.5 metres from the ground, deck, floor or water shall be paid the allowance rates specified in Item 16 of Part B, Table 3.  Height shall be calculated from where it is necessary for the employee to place his/her hands or tools in order to carry out the work to such ground, deck, floor or water.  For the purpose of this subclause, deck or floor means a substantial structure that, even though temporary, is sufficient to protect an employee from falling any further distance.  Water level means in tidal waters mean water level.  This subclause shall not apply to employees working on a suitable scaffold erected in accordance with the Work Health & Safety Act 2011.

 

4.18    Hot Places: - Employees working in the shade in places where the temperature is raised by artificial means to between 46 degrees and 54 degrees Celsius shall be paid the allowance rate specified in Item 17 of Part B, Table 3.  In places where the temperature exceeds 54 degrees Celsius such employees shall be paid the allowance rate specified in Part B, Table 3.

 

Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, employees shall also be entitled to twenty minutes' rest after every two hours work without deduction of pay.  The work supervisor will decide as to the temperature level, after consultation with the employees who claim the extra rate.

 

4.19    Insulation Material: An employee handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognised insulating material of a like nature, shall be paid the allowance rate specified in Item 18 of Part B, Table 3.  This rate shall also apply to employees working in such close proximity so as to be affected by the insulating material.

 

4.20    Smoke-boxes, etc.: - Employees working on repairs to smoke-boxes, furnace or flues of boilers shall be paid an additional hourly allowance. An employee engaged on repairs to oil fired boilers, including the casings, uptakes and funnels, or flues and smoke stacks, shall, while working inside such boiler, be paid entitled to an allowance.  The rates for both allowances are specified in Item 19 of Part B, Table 3.

 

4.21    Wet Places: -

 

4.21.1

 

(a)       An employee working in any place where water is continually dripping on the employee, or where there is water underfoot so that clothing and boots become wet, shall be paid the allowance rate specified in Item 20 of Part B, Table 3.  This extra rate is not payable where an employee is provided with suitable and effective protective clothing and/or footwear.  An employee who becomes entitled to this extra rate shall be paid at that rate for any part of the day or shift that they are required to work in wet clothing or wet boots.

 

(b)       Where a plumber is required to work in the rain he shall be paid the allowance rate specified in Item 20 of Part B, Table 3 for time so worked.

 

4.21.2 An employee who is called upon to work on a raft or open boat, or on a punt or pontoon having a freeboard of 305 mm or less shall be entitled to the allowance rate specified in Item 20 of Part B, Table 3.

 

4.21.3 An employee called upon to work knee-deep in mud or water, shall be paid at the rate of the allowance rate specified in Item 20 of Part B, Table 3.  This subclause shall not apply to an employee who is provided with suitable protective clothing and/or footwear.

 

4.22    Acid furnaces, Stills, etc.:

 

4.22.1 A bricklayer required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork, shall be paid the allowance rate specified in Item 21 of Part B, Table 3.  This additional rate shall be regarded as part of the wage rate for all purposes of the award.

 

4.22.2 An employee engaged on the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be paid the allowance rate specified in Item 21 of Part B, Table 3.  This additional rate shall be regarded as part of the wage rate for all purposes.

 

4.23    Towers Allowance:- An employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft (other than above ground in a multi-storey building), cooling tower, water tower or silo over fifteen metres in height shall be paid the allowance rates specified in Item 22 of Part B, Table 3, for all work above fifteen metres.

 

4.24    Depth Money: - An employee working in tunnels, cylinders, caissons, coffer dams and sewer work, and in underground shafts exceeding 3 metres in depth shall be paid the allowance rate specified in Item 23 of Part B, Table 3.

 

4.25    Swing Scaffolds: - The allowance rates specified in Item 24 of Part B, Table 3 for the first four hours or any portion thereof, and for each hour thereafter on any day shall be made to any persons employed:

 

(a)       on any type of swing scaffold or any scaffold suspended by rope or cable, bosun's 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.

 

4.25.1 Solid plasterers when working off a swing scaffold shall receive an additional hourly payment as set out in Item 24 of Part B, Table 3.

 

4.26    Spray Application: - A painter engaged on all spray applications carried out in other than a properly constructed booth approved by the Department of Industrial Relations shall be paid the allowance rate specified in Item 25 of Part B, Table 3.

 

4.27    An allowance shall be paid as specified in Item 26 of Part B, Table 3 for all work, other than chokages, that is done in connection with lavatories, urinals, soil or waste pipes where used principally for venereal patients in hospitals or ships.  The allowance need not be paid if suitable gloves and (where necessary) suitable boots are supplied to the employee concerned for use during such work.  Gloves and boots remain the property of the employer.

 

4.28    Working Second hand Timber:- If, while working with second hand timber, a Bridge and Wharf Carpenter's tools are damaged by nails, dumps or other foreign matter in the timber, he/she shall be entitled to the allowance rate specified in Item 27 of Part B, Table 3 for each day upon which his/her tools are so damaged. Payment of the allowance is contingent upon the damage being reported immediately to the employer's representative on the job in order that the claim can be proved.

 

4.29    Roof Work:- Employees engaged in the fixing or repairing of a roof or any other work in excess of 12 metres from the nearest floor level shall be paid the allowance rate specified in Item 28 of Part B, Table 3.

 

4.30    Electric Welding - Plumbers: - A plumber engaged on electric welding applicable to plumbing shall be paid the allowance rate specified in Item 29 of Part B, Table 3 for the time so worked.

 

Extra Rate Not Cumulative - When more than one of the above rates provide payment for disabilities of substantially the same nature, then only the highest of such rates shall be payable.

 

Rates not subject to Penalty Provisions - The special rates herein prescribed shall be paid irrespective of the times at which the work is performed and shall not be subject to any premium or penalty conditions.

 

4.31    Explosive Powered Tools -

 

4.31.1 Employees required to use explosive powered tools shall be paid the allowance rate specified in Item 30 of Part B, Table 3.

 

4.31.2 If bridge and wharf carpenters are required to use power driven tools they shall be paid the allowance rate specified in Item 30 of Part B.

 

4.32    Scaffolding Rigging - An employee who is the holder of a scaffolding or rigging certificate issued by the Department of Industrial Relations and undertakes work that requires a person to have such a certificate, shall be paid the allowance rate specified in Item 31 of Part B, Table 3.

 

4.33    Corrective Establishments - An employee of the NSW Public Works division of the Department of Finance, Services and Innovation who is required to work in the maximum security sections of the following Corrective establishments - Cessnock, Goulburn, Lithgow, Mulawa, Parklea, Special Purpose Centre, Metropolitan Remand & Reception Centre, Metropolitan Special Programs Centre, Metropolitan Medical Transient Centre/Long Bay Hospital, Endeavour House and Minda Patterson House) and Bathurst shall be paid the hourly allowance rate specified in Item 32 of Part B, Table 3.

 

4.33.1 Mental Institutions - Employees of the NSW Public Works division of the Department of Finance, Services and Innovation working in mental institutions shall be paid the allowance rate specified in Item 32 of Part B, Table 3 in addition to all other rates payable under this award. This payment is not applicable to overtime or other penalty rates:

 

Payment under this subclause shall not be made in respect of work done in such areas as may be agreed upon between the respective unions and the Industrial Relations Secretary.

 

4.33.2 Geriatric Hospitals - Employees working or required to work in the following geriatric hospitals: namely, Allandale, Garrawarra and Strickland, shall be paid an allowance as set out in Item 32 of Part B, Table 3.  Those working or required to work at Lidcombe Hospital shall be paid the allowance rate specified in Item 32 of Part B, Table 3, in addition to all other rates payable under this Award. This payment is not applicable to overtime or other penalty rates:

 

4.33.3

 

(a)       A Plumber who shall be required to work in hot and/or cold water tanks for the purpose of the control of Legionella Pneumophilia shall be required to use and wear the appropriate respiratory equipment and safety clothing as directed by the Department of Health.  They will be paid the allowance rate specified in Item 32 of Part B, Table 3, per hour or part thereof while undertaking such work.

 

The allowance prescribed by this subclause shall be in lieu of the special rates prescribed in subclauses 4.14, Cold Places, 4.15, Confined Spaces, 4.18, Hot Places and 4.21, Wet Places of this clause.

 

(b)       An employee who is required to assist a plumber in the performance of work described in (a) above shall not be entitled to the allowance as so prescribed but shall be entitled to any other special rates prescribed under clause 4, Allowances, if applicable.

 

4.34    Distant Places -

 

4.34.1 All employees working in districts west and north of and excluding:

 

(i)       State Highway No. 17 from Tocumwal to Gilgandra

 

(ii)      State Highway No. 11 from Gilgandra to Tamworth

 

(iii)     Trunk Road No. 63 to Yetman and State Highway No. to Boggabilla up to the Western Division boundary and excluding the municipalities through which the road passes.

 

shall be paid the allowance rate specified in Item 33 of Part B, Table 3.

 

4.34.2 All employees working the in Western Division of the State shall be paid the allowance rate specified in Item 33 of Part B, Table 3.

 

4.34.3 All employees working within the area bounded by and inclusive of:

 

(i)       Snowy River from the New South Wales border to Dalgety, then by road directly from Dalgety to Berridale

 

(ii)      on the Snowy Mountain Highway at Adaminaby to Blowering

 

(iii)     from Blowering southwest to Welaregang and on the Murray River

 

(iv)     in a south-easterly direction along the New South Wales border to the point of commencement.

 

shall be paid the allowance rate specified in Item 3 of Part B, Table 3 extra per day or part thereof.

 

4.34.4 Bridge and Road Construction: - Employees engaged on road and bridge construction and repair within the area bounded by and inclusive of

 

(i)       Queensland border on the north

 

(ii)      State Highway No. 9 from Tenterfield to Bendemeer on the west

 

(iii)     State Highway No. 11 from Bendemeer to Port Macquarie on the south

 

(iv)     the coastline from Port Macquarie to Tweed Heads on the east.

 

shall be paid the allowance rate specified in Item 32 of Part B, Table 3 per day extra.

 

4.35    Morgues - An employee required to work in a morgue shall be paid the allowance rate specified in Item 33 of Part B, Table 3, per hour whilst so employed.

 

4.36    Applying Obnoxious Substances -

 

4.36.1 An employee engaged in either the preparation and/or the application of epoxy based materials or materials of a like nature shall be paid the allowance rate specified in Item 34 of Part B, Table 3.

 

4.36.2 In addition, employees applying such material in buildings which are normally air conditioned shall be paid the allowance rate specified in Item 34 of Part B, Table 3.

 

4.36.3 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. In addition, protective clothing shall be supplied where recommended by the NSW Department of Health.

 

4.36.4 Employees working in close proximity to employees so engaged shall be paid the allowance rate specified in Item 34 of Part B, Table 3.

 

4.36.5 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.

 

4.37    Bricklayers laying other than Standard Bricks - Bricklayers employed laying blocks (other than concrete blocks for plugging purposes) shall be paid the allowance rates specified in Item 35 of Part B, Table 3 in relation to the weight of the blocks.

 

(a)       Where the block weighs over 5.5 kg and under 9 kg.

 

(b)      Where the block weighs 9 kg or over and up to 18 kg.

 

(c)       Where the block weighs over 18 kg.

 

4.37.1             An employee shall not be required to lift a building block in excess of 20 kg in weight unless provided with a mechanical aid or an assistant. An employee shall not be required to manually lift any building block in excess of 20 kg in weight to a height of more than 1.2 metres above the working platform.

 

4.37.2             This subclause shall not apply to employees being paid the extra rate for refractory work.

 

4.38    Bagging - Employees engaged upon bagging bricks or concrete structures shall be paid the allowance rate specified in Item 36 of Part B, Table 3.

 

4.39    Cleaning down Brickwork - A bricklayer required to clean down bricks using acids or other corrosive substances shall be paid the allowance rate specified in Item 37 of Part B, Table 3. Employees will be supplied with gloves by the employer when undertaking such work.

 

4.40    Asbestos - Employees required to work with 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.  Where it is mandatory to wear protective equipment, the employees shall be paid the allowance rate specified in Item 38 of Part B, Table 3 whilst engaged on such work.

 

4.41    Pneumatic Tool Operation - A stonemason in New South Wales using pneumatic tools of 2.75 kilograms or over in weight shall be paid the allowance rate specified in Item 39 of Part B, Table 3 each day on which he uses such a tool.

 

4.42    Brick Cutting Machine - One bricklayer on each site to operate the cutting machine and to be paid the allowance rate specified in Item 40 of Part B, Table 3 per hour or part thereof while so engaged.

 

4.43    Asbestos Eradication -

 

This subclause shall apply to employees engaged in the process of asbestos eradication on the performance of work within the scope of this award.

 

Asbestos eradication is defined as work on or about building, involving the removal or any other method of neutralisation of any materials that consist of, or contain asbestos.

 

All aspects of asbestos eradication work shall be conducted in accordance with the Work Health and Safety Act 2011 concerning construction work involving asbestos and asbestos cement.

 

In addition to the rates prescribed in this Award an employee engaged in asbestos eradication (as defined) shall receive the allowance rate specified in Item 41 of Part B, Table 3.  This is in lieu of special rates as prescribed in Clause 4, Allowances, with the exception of subclauses 4.14, cold places; 4.18, hot places; 4.25, swing scaffold; 4.26, spray application and 4.28, working second hand timber.

 

Other Conditions -

 

The conditions of employment rates and allowances, except so far as they are otherwise specified in this subclause shall be the conditions of employment, rates and allowances of the award as varied from time to time.

 

4.44    Animal Houses -

 

An employee who is required to work in an Animal House shall be paid an additional hourly allowance as set out in Item 42 of Part B Table 3 whilst so employed.

 

4.45    Coal Wash: Employees of the Roads and Traffic Authority involved in road construction work in the Illawarra region working in areas where coal wash is being unloaded, handled or spread shall be paid an hourly allowance as set out in Item 43 of Part B Table 3.  The Illawarra region is defined to represent the area serviced from the Bellambi Works Office

5.  Tool Allowance

 

In addition to the rate of pay as prescribed in Part B, Table 1 - Rate of Pay an employee of a classification specified in Item 1 of Part B, Table 2, clause 5, Tool Allowances, shall be paid a tool allowance as prescribed in that table.  The tool allowance is applicable to both skilled tradespeople and apprentices and is to form part of the ordinary pay for all purposes.

 

6.  Leading Hands

 

Leading hands shall be paid allowances prescribed in Part B, Table 3 - Allowances as follows:

 

6.1      Employees appointed to be in charge of up to and including five employees as per Item 44 of Part B, Table 3.

 

6.2      Employees appointed to be in charge of more than five and up to and including ten employees as per Item 45 of Part B, Table 3.

 

6.3      Employees appointed to be in charge of more than ten employees as per Item 46 of Part B, Table 3.

 

7.  Mixed Functions

 

Where an employee is engaged for more than two hours daily or per shift on higher duties, including duties entitling them to a leading hand allowance, they shall be entitled to a higher duties allowance or rate allowance for the whole of such day or shift.

 

If the higher duties are undertaken for two hours or less during one day, payment at the higher rate shall apply only to hours worked.  If an employee is required to act as leading hand at the commencement of a day or shift, they shall be paid the appropriate allowance for the whole of such day or shift.

 

8.  Excess Fares and Travelling Time

 

8.1      An allowance specified in Item 51 of Part B, Table 3, shall be paid by employers to employees to compensate for excess fares and travelling time to and from places of work:

 

8.1.1   the above stated allowance shall not be payable if the employer provides or offers to provide transport free of charge to the employees in which case the allowance rate specified in Item 52 of Part B, Table 3, shall be paid.

 

8.1.2   An employee is still entitled to the allowance, subject to the foregoing provisions if instead of using public transport they have used other means of travel or walked to their places of work.

 

8.1.3   Entitlement to an allowance under the provisions of this subclause applies only when tradespeople work away from their regular place of employment.

 

8.2      Allowances specified in Item 53 of Part B, Table 3, clause shall be paid to first year apprentices (or probationers) and to 2nd, 3rd, 4th and 5th year apprentices to compensate for excess fares and travelling to and from work.

 

8.2.1   The above stated allowance shall not be payable if the employing Authority provides or offers to provide transport free of charge to the apprentices in which case the allowance rates specified in Item 54 of Part B, Table 3, shall be paid.

 

8.2.2   An apprentice is still entitled to the allowance, subject to the foregoing provisions if instead of using public transport they use other means of travel or walk to their places of work.

 

The provisions of this subclause apply to an apprentice only when working away from his/her regular place of employment and/or workshop.

 

8.3      An employee who is required by their employer to work at a job away from their accustomed workshop shall report for work at the job at their usual starting time. For each day spent on such work, employees will be entitled to an allowance as set out in Item 51 of Part B Table 3 and at Item 52 for apprentices. Where the travel time and fares are in excess of those normally incurred in travelling to their customary workshop, they shall be paid an allowance for the excess travel time and fares as set out in Item 51 of Part B, Table 3.

 

If the employee receives approval from their employer to use their own means of transport to and from outside jobs, they are entitled to payment of excess fares based on public transport rates, unless they have an arrangement with their employer for a regular allowance.

 

8.4      If an employee is sent during working hours to undertake work at one or more different sites to their usual workplace, the employer shall, in addition to the amount they are liable to pay under subclauses 8.1 and/or 8.2 of this clause, pay all travelling time and fares incurred,

 

8.5      Electricians and/or electrical apprentices shall be paid in accordance with the fares and travelling allowances prescribed from time to time, by the Electricians, &c. (State) Award published 14 March 2008 (365 I.G. 181), as varied.

 

8.6      Except as provided by subclause 8.4 of this clause, this clause shall not apply to employees of the Roads and Traffic Authority or the Department of Industry (formerly Department of Land and Water Conservation).  Employees of these organisations shall be paid the rates in respect of fares and travelling time as provided by the General Construction and Maintenance, Civil and Mechanical Engineering &c. (State) Award public sector rates within the (Crown Employees Wages Staff (Rates of Pay) Award 2020.

 

9.  Overtime

 

9.1      Overtime shall be payable for all time worked outside the ordinary hours prescribed in clause 2 for any one day, including accrued time.  The rates of pay shall be time and a half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work.

 

Except as provided in this subclause or subclause 9.2 of this clause, in computing overtime each day's work shall stand alone.

 

9.2      Rest Period after Overtime:  Following completion of overtime, an employee shall either;

 

(a)       Be released from resuming ordinary duty for a period of 10 consecutive hours.  This number of hours does not include time spent travelling; or,

 

(b)      If required to resume or continue working without having had a break of ten (10) consecutive hours, excluding travel, shall be paid at the rate of double time until such a break is given. This break shall be granted without loss of pay for ordinary working time occurring during such absence.

 

(c)       In the case of shift workers, the provisions of this subclause shall apply as if eight hours were substituted for ten hours when overtime is worked: -

 

9.2.1   for the purpose of changing shift rosters; or

 

9.2.2   where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

 

9.2.3   where a shift is worked by arrangement between the employees themselves.

 

9.3      Call Back:

 

9.3.1   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 four hours' work at the appropriate rate for each time recalled. In the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job he/she was recalled to perform is completed within a shorter period. This subclause does not apply:

 

(a)       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

 

(b)       where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

9.3.2   Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause 9.2 of this clause, where the actual time worked is less than three hours on such recall or on each of such recalls.

 

9.3.3   If an employee is required to work in excess of four hours, he/she shall be paid a meal allowance specified in Item 55 of Part B, Table 3, for each subsequent meal.  The employee will be allowed a crib time of 20 minutes without deduction of pay at the end of each four hours' work, provided work is to continue after the said period of four hours.

 

9.4      Saturday Work - Five Day Week:

 

A day worker on a five day week who is required to work on a Saturday shall be paid for not less than four hours' work, except where such overtime is continuous with overtime commenced the previous day. All work performed in the afternoon shall be paid for at double time rates.  Tea Breaks shall be allowed in accordance with subclause 2.2 of clause 2, Hours - Day Workers, of this Award.

 

9.5      Standing By:

 

An employee required to hold themself in readiness to work after ordinary hours shall, until released, be paid standing-by time at ordinary rates from the time he/she is advised of the requirement to stand by. This is subject to any custom now prevailing under which an employee is required regularly to hold themself in readiness for a call back,

 

9.6      Meal Hours - General:

 

Except as provided in subclause 9.7 of this clause, work done during meal hours thereafter until a meal-hour break is allowed shall be paid for at double time rates.  An employee shall not be compelled to work for more than six hours without a break for a meal.

 

9.7      Meal Hours - Maintenance Employees, Concrete Pours etc.

 

9.7.1   Where breakdowns of plant occur or routine maintenance of plant can only be done while such plant is idle, an employee employed as a regular maintenance person shall, whenever instructed to do so, work during meal breaks at the ordinary rates prescribed herein.  This shall be subject to the provisions of subclause 9.6 of this clause.

 

9.7.2   Where, for special reasons, it is necessary to alter the time of the recognised meal hours for the purpose of finishing the pouring of concrete, hot mix, etc. or where work is affected by tides, the employer may alter the lunch break either forward or backward by one hour.

 

9.8      Tea Money:

 

An employee required to work overtime for one and a half hours or more without being notified on the previous day or earlier of such requirement shall be supplied with a meal by the employer or paid the allowance rate specified in Item 56 of Part B, Table 3.  After the completion of each four hours on continuous overtime the employee shall be paid the allowance rate specified in Item 56 of Part B, Table 3 for each subsequent meal in addition to his/her overtime payment.  Such payment need not be made to employees living in the same locality as their place of work who can reasonably return home for meals.

 

9.9      Transport of Employees:

 

An employer shall provide transport for an employee who finishes overtime work or a shift not part of their regular roster, at a time when reasonable means of transport are not available.  If transport is not provided the employee shall be paid at their current rate for the time reasonably occupied in reaching their home.  This subclause shall not apply to an employee who uses their own vehicle to travel to and from their place of work).

 

9.10    Compulsory Overtime:

 

An employer may direct any employee to work reasonable overtime at overtime rates provided it is reasonable for the employee to be required to do so.  An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working unreasonable hours.  In determining what is unreasonable, the following factors shall be taken into account:

 

(a)       the employee’s prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study arrangements,

 

(b)      any risk to employee’s health and safety,

 

(c)       the urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services,

 

(d)      the notice (if any) given by the employer regarding the working of the overtime, and by the employee of their intention to refuse overtime, or

 

(e)       any other relevant matter.

 

9.11    Cribs:

 

9.11.1 An employee who is required to work overtime for two hours or more after the normal ceasing time shall be allowed, at the expiration of the said two hours, 30 minutes for a meal or crib and thereafter a similar time allowance after every four hours of overtime worked.  Time for meals or crib through overtime periods shall be allowed without loss of pay, provided that overtime work continues after such break.  For the purposes of this paragraph "normal ceasing time" is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clause 2, Hours, Day Workers and clause 10, Shift Work, of this award.

 

9.11.2 Where overtime is worked on a Saturday, if work continues after 12 noon, a break for a meal of 30 minutes shall be allowed between 12 noon and 1 pm without loss of pay.

 

9.12    Limitation of Overtime:

 

No employee, including a night shift worker, shall work for more than 16 hours' overtime in any week excepting in the case of extreme urgency such as urgent repairs or delay causing unemployment.

 

9.13    Availability Allowance - Roads and Maritime Services (RMS)

 

9.13.1 Notwithstanding the provisions of subclause 9.5 of this clause, an electrical tradesperson employed by the RMS who is rostered to be available in connection with emergency repairs to toll collection equipment shall be paid a daily availability allowance of three hours at ordinary rates of pay for each week night (Monday to Friday) (excluding public holidays) the employee is available between normal ceasing time and commencing time on each day.

 

9.13.2 An employee rostered to be available in connection with emergency repairs to toll collection equipment on a Saturday, Sunday and Public Holidays from 6.00 am Saturday to 6.00 am Sunday and 6.00 am Sunday to 6.00 am Monday and the same hours on a Public Holiday shall be paid 7.6 hours pay at ordinary rates for each twenty-four hours he is actually available.

9.13.3 The allowance set out in paragraphs 9.13.1 and 9.13.2 of this subclause, shall be in compensation for the employee being available for the periods between normal ceasing time and normal commencing time during week days and for being available for twenty-four hours on each Saturday, Sunday or Public Holidays, to answer emergency calls from the toll collection centres.

 

9.13.4 Any overtime worked on a call-out during the time covered by the rostered period shall be paid for in accordance with subclause 9.3 of this clause.

 

10.  Shift Work

 

PART A

 

OTHER THAN CONSTRUCTION WORK

 

(a)       Definitions

 

10.1    For the purpose of this clause

 

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

 

10.1.2 "Continuous Work" means work carried on with consecutive shifts of employees throughout the twenty-four 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.

 

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

 

10.1.4 "Rostered Shift", means a shift of which the employee concerned has had at least forty-eight hours' notice.

 

(b)       Hours - General

 

10.2    Employees on shift work shall accrue 0.4 of an hour for each eight hour shift worked to allow one complete shift to be taken off as a paid shift for every 20 shift cycle.  This 20th shift shall be paid for at the appropriate shift rate as prescribed by this clause.

 

10.3    Paid leave taken during any cycle of four weeks and public holidays as prescribed by Clause 11, Holidays and Sunday Work, of this award shall be regarded as shifts worked for accrual purposes.

 

10.4    Except as provided above, employees not working a complete four week cycle shall be paid accrued pro-rate accrued entitlements for each shift worked on the programmed shift off, or in the case of termination of employment on termination.

 

10.5    The employer and employees shall agree in writing upon arrangements for rostered paid days off during the 20 day cycle or for accumulation of accrued days to be taken at or before the end of the particular contract.  This accumulation shall be limited to no more than 5 days before they are taken as paid days off. When taken, the days shall be regarded as days worked for accrual purposes in the particular 20 shift cycle.

 

10.6    Where an employer, for emergency reasons requires an employee to work on his/her rostered day off, the terms and conditions prescribed in clause 2 Hours - Day Workers, of this award shall apply.

 

Hours

 

(a)       Continuous Work Shifts And

 

(b)       Other Than Continuous Work Shifts

 

Hours - Continuous Work Shifts

 

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

 

10.7.1 The ordinary hours of such shift workers shall not exceed -

 

(a)       eight in any one day; nor

 

(b)       forty-eight in any one week; nor

 

(c)       eighty-eight in fourteen consecutive days; nor

 

(d)       one hundred and fifty two in twenty-eight consecutive days.

 

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

 

a shift shall consist of not more than eight hours, inclusive of crib time;

 

Hours - Other than Continuous Work

 

10.8    This subclause shall apply to shift workers not upon continuous work as hereinbefore defined. The ordinary hours of such shift workers shall not exceed -

 

10.8.1 forty in any week to be worked in five shifts of eight hours on Monday to Friday, inclusive; or

 

10.8.2 eighty in fourteen consecutive days in which case an employee shall not, without payment for overtime, be required to work more than eight consecutive hours on any shift or more than six shifts in any week;

 

10.8.3 one hundred and twenty-one consecutive days in which case an employee shall not, without payment of overtime, be required to work more than eight consecutive hours on any shift or more than six shifts in any week.

 

Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than six hours without a break for a meal.

 

10.8.4 Rosters

 

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

 

10.8.5 Variation by Agreement

 

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.

 

Determined commencing and finishing times of shifts may be varied by agreement between the employer and the accredited representative of the Union to suit the circumstances of the establishment.  In the absence of agreement, variation can occur by the employer giving seven days' notice of alteration to the employee.

 

10.8.6 Afternoon or Night Shift Allowances

 

Shift workers whilst on afternoon or night shifts shall be paid 15 per centum more than the ordinary rate for such shifts.

 

Shift workers who work on any afternoon or night shift which does not continue for at least five successive afternoons or nights shall be paid at the rate of time and a half for the first three hours and double time thereafter.

An employee who -

(i)       during a period of engagement on shifts, works night shift only; or

 

(ii)      remains on night shift for a longer period than four consecutive weeks; or

 

(iii)     works on a night shift which does not rotate or alternate with another shift or with day work so as to give them at least one-third of their working time off night shift in each shift cycle;

 

shall during such engagement, period or cycle be paid 30 per centum more than their ordinary rate for all time worked ordinary working hours on such night shifts.

 

10.8.7 Saturdays

 

The minimum rate to be paid to any 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 the first and second paragraphs of subclause 10.8.6 of this clause.

 

10.8.8 Overtime

 

An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work in accordance with such requirement.

 

10.8.9 Sundays and Holidays

 

(i)       Shift workers on continuous shifts for work on a rostered shift the major portion of which is performed on a Sunday shall be paid at the rate of time and three quarters.  Shift workers on continuous shifts for work on a rostered shift the major portion of which is performed on a public holiday shall be paid at the rate of double time and one half.

 

(ii)      Shift workers on other than continuous work for all time worked on a Sunday or holiday shall be paid at the rates prescribed by clause 11, Holidays and Sunday Work, of this award.  Where shifts commence between 11 pm and midnight on a Sunday or a holiday the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate.  The time worked by an employee on a shift commencing before midnight on a Saturday or preceding a holiday and extending into a Sunday or holiday shall be regarded as time worked on such Sunday or holiday.

 

Where the major portion of shifts fall partly on a holiday, that shift shall be regarded as the holiday shift.

 

10.8.10           Seven Day Shift Workers - A seven day or continuous shift worker is a shift worker who is rostered to work regularly on Sundays and holidays.  When their rostered day off falls on a public holiday prescribed by this clause, they shall, at the discretion of the employer, be paid for that day at the ordinary rate or have an additional day added to their annual leave.  This subclause shall not apply when the holiday on which they are rostered off falls on a Saturday or Sunday.

 

PART B

 

CONSTRUCTION WORK

 

10.9    Notwithstanding the foregoing provisions of this clause, the terms and conditions prescribed by the General Construction and Maintenance Civil and Mechanical Engineering &c. (State) Award may apply in lieu for employees carrying out shift work in the following circumstances:

 

(a)       whenever it may be found necessary in the erection, alteration, renovation or demolition of buildings or on work in connection with the construction

 

(b)      and/or maintenance of water supply and sewerage works, roads, bridges, water conservation and irrigation works or harbour and reclamation and irrigation works to work wholly by night or in a two or three shift system.

 

10.10  An employee employed for less than five continuous shifts in any working week shall be paid in accordance with clause 9, Overtime, of this award.  Where an employee is employed on night shift for more than one week continuously and the job finishes mid-week, the employer may terminate the engagement.  In this instance the employee will be paid the current shift rate for time actually worked. In cases where due to the action of the employee, less than a full week is worked, the employee is paid for the actual time worked at ordinary night shift rates.

 

11.  Holidays and Sunday Work

 

11.1    Employees shall be entitled to the following public holidays without loss of pay:  New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen's Birthday, Labour Day, Anzac Day, Christmas Day, Boxing Day, and all other gazetted holidays proclaimed to operate throughout the State.

 

11.2    Except as provided in paragraph 10.8.9, Sundays and Holidays, of Part A, Other than Construction Work, of clause 10, Shift Work, of this award, an employee not engaged on continuous work shall be paid at the rate of double time for work done on Sundays, such double time to continue until he is relieved from duty, and double time and one half for work done on public holidays, such double time and one half to continue until he is relieved from duty.

 

11.3    An employee not engaged on continuous work who works on a Sunday or a public holiday and (except for meal breaks) immediately thereafter continues such work, shall on being relieved from duty be entitled to be absent until he has had ten consecutive hours off duty.  The 10 hour break shall be without deduction of pay for ordinary time of duty occurring during such absence.

 

11.4    An employee, other than on shift, who attends for work as required on a Sunday or public holiday shall be paid for not less than four hours' work.

 

11.5    Where an employee is absent from their employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, they shall not be entitled to payment for such holiday.

 

Where public holidays fall on successive days an employee shall be entitled to payment for the holiday closest to the said day if they have worked on either the day preceding or the day after such holiday but not on both.  No payment shall be made if the employee has ceased work without permission on either of the said days.

 

11.6    Where an employee, other than a shift worker, is required to work after 12 noon on a Sunday or holiday, the employee shall be allowed a meal break of 30 minutes between 12 noon and 1 pm for a crib without loss of pay.

 

11.7    The provisions of clause 2, Hours - Day Workers, of this award shall apply to employees working on Sundays and Holidays.

 

11.8    Where an additional or substitute public holiday is proclaimed by Order in Council or otherwise gazetted by authority of the Australian or a State Government under any Act throughout any State or part thereof, such day shall, within the defined locality, be deemed to be a holiday for the purposes of this Award.  An employee shall not be entitled to the benefit of more than one holiday upon such occasion.

 

12.  Payment of Wages

 

12.1    Wages shall be paid fortnightly. For the purpose of any increase to the wages, the wages shall be made up on a weekly basis.

 

12.2    Wages shall be paid into a bank or other account, except in isolated areas where payment will be made by cheque.

 

12.3    The employer shall not keep more than 3 days pay in hand.

 

12.4    Upon termination of the employment wages shall be paid according to the usual method no later than the next working day.  Where an employee is summarily dismissed, as provided for in clause 13, Contract of Employment, of this award, the employer shall make payment according to the usual method, within 48 hours of dismissal.

 

13.  Contract of Employment

 

13.1    Weekly Employment

 

Except as hereinafter provided, employment shall be by the week.

 

13.2    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 wages as the case may be.  This shall not affect the right of the employer to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct.  In such cases wages shall be paid only up to the time of dismissal.

 

13.3    Payment shall be deducted for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.  This is not including time lost for wet weather.  Where an employee has given or been given notice in line with subclause 13.2, employment is continued until the date of the expiration of such notice, except by agreement between the parties.

 

An employee who has given or been given notice in line with subclause 13.2, must provide a reasonable explanation for any absences during the period of notice.  Proof of the reason for such absence must be able to be provided by the employee.  If no proof is provided, the employee shall be deemed to have abandoned their employment and shall not be entitled to payment for work done within the period of notice.

 

13.4    An employee (other than an employee who has given or received notice in accordance with subclause 13.2, of this clause) not attending for duty shall, except as provided by clause 11, Holidays and Sunday Work, of this award, shall receive no payment for the actual time of such non-attendance.

 

13.5    During the first week of employment, an employee's services may be terminated by the giving of one hour's notice on either side.

 

13.6    Late Comers: Notwithstanding anything elsewhere contained in this award, employees who report for duty after their appointed starting time or stop work before their appointed finishing time may have their wages adjusted by a fraction or decimal proportion of an hour (not exceeding a quarter of an hour).  This subclause does not apply where an employee has a legitimate reason for coming late or leaving early and promptly advises the employer of such. An employer who adopts a proportion for the aforesaid purposes shall apply the same proportion for the calculation of overtime.

 

13A.  School Based Apprentices

 

(a)       Definition

 

A school based apprentice is an employee who is undertaking an apprenticeship under a training contract while also enrolled in the Higher School Certificate.

 

(b)       Wages

 

(i)       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.

 

(ii)      For the purposes of paragraph (i) of this subclause, 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.

 

(iii)     The wages paid for training time may be averaged over the school term or year.

 

(iv)     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.

 

(c)       Progression through the Wage Structure

 

(i)       School based apprentices progress through the wage scale at the rate of 12 months’ progression for each two years of employment as an apprentice.

 

(ii)      The rates of pay are based on a standard apprenticeship of four years. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school based apprentice undertaking the applicable apprenticeship.

 

(d)       Conversion from a school based apprentice 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.

 

(e)       Conditions of Employment

 

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

 

14.  Distant Work

 

14.1    Distant work is defined as work that requires employees to live away from their usual place of residence.  An applicant for a position involving distant work shall provide the employer with a statement in writing of their usual place of residence.  If the employee, whilst employed on distant work changes their usual place of residence one or more times, determination of whether the work can still be defined as distant work is based on the location of the new place of residence.  The employee must inform the employer in writing of any change to their usual place of residence.

 

This clause will not apply to an employee who, after four weeks employment is appointed to work as a regular employee at a permanent workshop, while they are employed at such a workshop.

 

14.2    An employee who is engaged on distant work shall be transported, with tools, to and from the work location once per day at the employer’s expense.  If the employee is called back to the work site after finishing their daily duties, they again shall be transported to and fro at the employer’s expense for each occurrence.

 

14.3    Return fares and travelling time need not be paid to an employee who:

 

(a)       leaves their employment of their own free will; or

 

(b)      is discharged for misconduct

 

before completion of three months employment or before the job is completed, whichever occurs first; or is discharged for incompetence within one week of engagement.

 

14.4    Time occupied in travelling to and from distant work shall be paid for at ordinary rates.  No employee shall be paid more than an ordinary day’s wages for any day spent in travelling unless they are on the same day occupied in working for an employer.  An allowance to cover any expenses incurred in reaching home and for transporting tools is set out in Item 57 of Part B, Table 3.

14.5

 

14.5.1 On distant work reasonable board and lodging shall be provided by the employer or a weekly (7 day) allowance as set out in Item 58 of Part B, Table 3.  This allowance shall not be wages.  In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job, the allowance per day shall be as set out in Item 58 of Part B, Table 3.

 

14.5.2 The foregoing allowances may be increased if an employee can satisfy an employer that they reasonably incurred greater expenses than those covered by such allowances.  In the event of disagreement, the Dispute Resolution procedures contained in clause 28 of the reviewed award should be utilised.  This does not preclude the matter being referred to the Industrial Relations Commission of New South Wales.

 

14.5.3 Reasonable board and lodging shall mean lodging in a well-kept establishment with adequate furnishing, good bedding and floor coverings, good lighting and heating with hot and cold running water, in either a single room or twin room if a single room is not available.

 

14.6    Where an employee is required to camp either by direction of the employer or because no reasonable transport facilities are available for the employee to proceed to and from their home each day, subclauses 14.5.1, 14.5.2 and 14.5.3 of this clause shall not apply to the following:

 

Employees of the Roads and Maritime Services; Department of Investment or NSW State Forests in respect of the following work:

 

Construction and/or maintenance of water supply and sewerage works; roads, bridges, water conservation and irrigation works, harbour and reclamation works or forest works.

 

For such employees, the employer shall provide a camp with accommodation in single cubicles, not less than 14 cubic metres in size.  Each cubicle shall be fitted with a bed with mattress.  Each cubicle shall have a timber floor covering, be fitted with a door and a moveable window of reasonable size, with wire screen covering.  The cubicle shall be furnished with a table or suitable substitute, a seat and a wardrobe. Each cubicle shall be ceiled and lined and artificial lighting provided.  If reasonably required, the employer shall provide a suitable heating appliance for each cubicle.

 

Provision shall be made in the camp for suitable washing facilities; including hot and cold showers, provided that an adequate water supply is available.  Employees shall also be provided with sufficient facilities to wash their clothes.  Sanitary conveniences shall be adequate, sewered where reasonably practicable and situated within reasonable distance from the living quarters.  The conveniences shall have adequate access by properly lighted paths.  Effluent from kitchen, laundry and showers should be dispersed in such a way as to avoid any health risk.  A veranda shall be constructed in front of each room, except where corridor-type barracks are provided.

 

The employer shall provide an enclosed galley conforming to the requirements of the General Construction and Maintenance, Civil and Mechanical Engineering &c (State) Award, as varied from time to time, or by any award replacing the said award.  Where the circumstances so require, the employer may, as an alternative provide caravans for employees.  The caravans should contain as far as practicable, amenities at least equal to those specified above.

 

An employee who is required to camp has an entitlement to a daily allowance as specified in Item 59 of Table 3 for each day they remain in camp. The allowance is not paid for any working day the employee is absent from duty, except in such cases of sickness or for any reason beyond the employee’s control.

 

Leave is reserved to the employers to apply in respect of the standards of accommodation under this subclause.

 

14.7    Employees who wish to return home for the weekends will be paid an allowance at the rate shown in Item 60 of Part B, Table 3 on each occasion they return home provided they:

 

(i)       work as required during the ordinary working hours, and

 

(ii)      work on the working day both before and after a weekend, and

 

(iii)     notify the employer no later than the Tuesday of each week, and

 

(iv)     return home for the weekend.

 

Employees in receipt of this allowance will not be entitled to payment of the camping allowance prescribed in subclause 14.6 of this clause, for the day or days on which they are absent.

 

14.7.1 This subclause shall not apply to an employee who is receiving the allowance rate specified in Item 57 of Part B, Table 3, in lieu of board and lodging being provided by the employer.

 

14.7.2 An employee shall be deemed to have returned home at the weekend only if this involves the employee in being absent from his accommodation for not less than half the hours between ceasing work in the one week and commencing work in the next week.

 

14.8    The provisions of this clause shall apply wherever the employee is engaged.

 

14.9    Where an employee is engaged upon distant jobs and is required to reside elsewhere than on the site of the job they shall be paid the fares and travelling time allowance prescribed by clause 8, Excess Fares and Travelling Time, of this award.

 

14.10  An employee on distant work may return to their home at a weekend after three months' continuous service and thereafter at three monthly intervals.  The employee shall be paid the fares reasonably incurred in so travelling to their home and to the place of work.  If the work upon which the employee is engaged will be completed within twenty-eight days after the expiration of any such period of three months, then the provisions of this subclause shall not apply.

 

14.11  If any employer and employee engaged on distant work agree in writing and subject to the procedure outlined in subclause 2.1 of clause 2, Hours-Day Workers, of this award, the employee may take a paid rostered day off as prescribed in that subclause, at a mutually agreed time.  The agreement shall only provide for a paid day or days off work up to a maximum accrual of five days.

 

15.  Chokages

 

15.1    If an employee is employed upon any chokage and is required to;

 

(i)       open up any soil pipe, waste pipe, drain pipe or pump conveying offensive material

 

(ii)      or a scupper containing sewerage

 

(iii)     or required to work in a septic tank in operation

 

the employee shall be paid the allowance rate specified in Item 47 of Part B, Table 3 per day or part of a day thereof.

 

15.2    Fouled Equipment

 

An employee who is required to work on any pipe line or equipment containing body fluids or body waste and encounters same, shall be paid the allowance rate specified in Item 48 of Part B, Table 3. This allowance shall not apply in circumstances where subclause 15.1 of this clause would normally be paid.

 

16.  Special Conditions

 

16.1    Employees engaged in installing brine or ammonia pipes or repairs to same who have their clothing or boots destroyed or damaged shall be reimbursed the amount of damage sustained.

 

16.2    All rope and gear shall be of sound material, used or stored in such a way that it does not come in contact with sharp edges, acids or acid fumes.  At all times the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011, shall be complied with.

 

16.3    Employees working in battery rooms or like places where acids or caustic soda are stored or used shall be provided with gloves, overalls and rubber boots. These are to be periodically disinfected in accordance with the requirements of the NSW Department of Health for disinfecting clothing while in use and before being issued to another person.

 

16.4    The employer shall provide a suitable gas mask at the place of work when the employee is required to work on a live gas service.

 

17.  Hygiene and Safety First- Aid Kit

 

17.1    The employer shall provide at the place of work and continuously maintain an efficient first-aid kit and appliances in line with the provisions of the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011.

 

17.2    In the event of any serious accident happening to any employee whilst at work or going to or from the camp, the employer shall, at their expense, provide transport facilities to the nearest hospital or doctor.

 

17.3    At a place of work where 50 or more persons are employed the employer shall provide a stretcher and, where practicable, include amongst the employees a qualified first-aid person.  Where an employee is a qualified first-aid person and is employed to carry out the duties of a qualified first-aid person, they shall be paid an additional daily rate as set out in Item 49 of Table 3.

 

18.  Conveniences

 

18.1    The employer shall provide at the place of work sanitary conveniences in accordance with the requirements of the local health authority providing that such conveniences will at least measure up to the following minimum standard:

 

They shall be at least 1.066 metres wide and 1.371 metres long and 2.34 metres high internal measurement and shall have a hinge door capable of being fastened both inside and on the outside.

 

The walls and roof and door shall be of weatherproof material and shall be so constructed as to ensure privacy.

 

Each convenience shall be provided with a suitable receptacle for, and an adequate supply of, deodorising or fly-repellent material, blue oil or kerosene or phenol.  It shall also be provided with a means for disposing of sanitary items.

 

A fly-proof cover and seat shall be provided should sewerage not be accessible or connected to the toilet or convenience: The ratio of such accommodation shall be one convenience to eight employees or part of eight employees.

 

18.2    The employer shall provide at the place of work a suitable and secure weatherproof lock-up solely for the purpose of storing employees' tools.  Where tools are stolen because no lock-up has been provided, the employee shall be compensated to the extent of their loss.

 

18.3    Where a total of fifteen tradespeople are working on site, whether employed under this award or otherwise, and the job has been or will be of two months' duration or longer, the employer shall provide for employees at the work site weatherproof accommodation for changing clothes.  This accommodation shall be not less than .84 square metres to each employee.

 

18.4    At permanent places of work, the employer shall provide weather and dust proof accommodation for dressing, and lockers securely fixed with suitable locks, solely for the use of their employees.

 

18.5    At meal times and rest periods, boiling water shall be provided by the employer at a location that is reasonably accessible to employees.

 

18.6    The employer shall provide for employees an adequate supply of cool and wholesome drinking water.

 

19.  Piecework

 

19.1    Piecework is prohibited.

 

19.2    No employee shall execute any work for profit or reward except at the rates and under the conditions prescribed by this award.

 

20.  Damage to Clothing or Tools

 

An employee whose clothing or tools are spoiled by acids or sulphur or other deleterious substance due to the circumstances of their employment shall be recompensed by their employer to the extent of their loss.

 

21.  Sharpening Tools

 

21.1    The employer shall provide at the place of work a suitable sand grindstone or a carborundum stone for the use of carpenters and/or bridge and wharf carpenters.

 

21.2    Where such a grindstone or carborundum stone is not driven by mechanical power, the employer shall provide assistance in turning the grindstone or carborundum stone.

 

21.3    Saw sharpening and tool grinding may be done by the employee during the progress of work.

 

21.4    Where the provisions of subclauses 21.1 and 21.2 of this clause are not observed by the employer, the employer shall pay for or provide for grinding of the tools.

 

21.5    Bridge and Wharf Carpenters and/or Shipwright Boat Builder shall be supplied with saw files.

 

22.  Special Tools and Clothing

 

22.1    The employer shall provide the following tools and protective clothing when they are required for the work to be performed by the employees:

 

22.1.1 Bricklayers: Scutch combs, hammers (excepting mash and brick hammers), rubber mallets and T squares.

 

22.1.2 Carpenters: Dogs and cramps of all descriptions, bars of all descriptions over 61 cm. 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, dowel plates, trammels, hand thumb screws, and soldering irons.

 

22.1.3 Plasterers shall be provided with overalls when required to brush on to walls and ceilings bondcrete, plaster weld or similar substances. The approved grass brush to perform the work prescribed in this subclause shall be provided by the employer.

 

22.1.4 Plumber: Metal pots, mandrills, long dummies, stock and dies for iron, copper and brass pipes, cutters, tongs, vices, taps and drills, ratchets, files, cramps caulking tools, hacksaw and blades, welding and brazing outfits, goggles where necessary and liquid petroleum gas equipment where necessary, and all shop tools, the usual kit bag of tools only to be supplied by the employee.

 

22.1.5 Shipwright-Boat builder: Beetles, horse irons, cramps, pitch ladles, mops, drift bolts, spanners, stripping bars and punches, all augers 32 mm and over, dowelling bits, plumbs and levels and boring tools for power machines.

 

22.1.6 Sign writers to be supplied with all brushes.

 

22.1.7 All power tools shall be provided where, in the opinion of the employers, they are necessary.

 

22.2    Where necessary, the employer shall provide overalls, boots, goggles, gloves and masks for the use of employees engaged on the classes of work covered by subclause 4.20, of clause 4, Allowances, of this award.

 

22.3    If, in the course of their employment, an employee is required to use any alkaline or acid based products he shall be provided with protective clothing.

 

22.4    The employer shall supply to employees, rubber gloves when working on any sewerage or drainage work and protective clothing and goggles when engaged on welding work.

 

22.5    Painters.  When working in cooling or freezing chambers where the temperature is below 4 degrees Celsius, painters shall be supplied with suitable boots and a clean blanket suit properly disinfected in accordance with the requirements of the NSW Department of Health.

 

22.6    Bricklayers.  A bricklayer required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork and/or engaged to work on the construction or alteration or repairs to boilers, flues, furnaces, retorts or kilns, shall be supplied with gloves, boots and overalls as set out hereunder:

 

22.6.1 Gloves shall be supplied and shall be replaced as required, subject to employees handing in the used gloves.

 

22.6.2 Boots shall be supplied upon request of the bricklayer after six weeks' employment, the cost of such boots to be assessed at a rate set out in Item 61 of Table 2 of Part B.  Employees are to accrue credit at the weekly rate set out in Item 61 of Table 2 of Part B, of this award.

 

A bricklayer leaving or being dismissed before 20 weeks' employment shall pay the difference between the credit accrued and the Item 61 rate.

 

The right to accrue credit shall commence from the date of request for the boots.

 

In the event of boots being supplied and the bricklayer not wearing them while at work, the employer shall be entitled to deduct the cost of the boots if the failure to wear them continues after one warning by the employer.

 

Upon issue of the boots the bricklayer may be required to sign the authority form in or to effect of the Annexure to this clause. Boots shall be replaced each six months dating from the first issue.

 

22.6.3 Overalls will be supplied upon request of the bricklayer and on the condition that they are worn while performing the work.

 

Annexure

 

Authority Form

 

	, acknowledge receipt of one (1) pair of boots provided in accordance with
the provisions of subclause 22.6.2 of clause 22, Special Tools and Clothing of this award.

 

Should the full cost of the boots ($          ) not be met by accumulation of credit (at the rate of $xx    per week) from ----------- I authorise deduction from any moneys due to me by my employer of an amount necessary to meet the difference between the credit accrued and $xx

 

Signed:

 

Date:

 

 

23.  Insurance of Tools

 

23.1    The employer shall insure and keep insured against loss or damage by fire whilst on the employer's premises such tools of the employee as are used by the employee in the course of their employment.

 

23.2    An employee shall be entitled to be reimbursed by their employer for loss of tools up to a value as set out in Item 65 of Table 2, when such tools are lost by theft from a breaking and entering outside ordinary working hours, where the tools are stored at the employer's direction on the job.

 

23.3    The employee shall, if requested so to do, furnish the employer with a list of their tools so used.

 

24.  Exhibition of Award

 

An up to date copy of this award shall be posted and kept posted by the employer in a prominent place on the employer’s premises that is accessible to all employees.

 

25.  Anti-Discrimination

 

25.1    It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

25.2    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.

 

25.3    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.

 

25.4    Nothing in this clause is to be taken to affect:

 

(a)       any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)      offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(d)      a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

25.5    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.

 

25.6    Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

25.7    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."

 

26.  Carer’s Leave

 

26.1    The definition of "family" and "relative" for the purpose of this clause is the person who needs the officer’s care and support and is referred to as the "person concerned" and is:

 

(a)       a spouse of the officer; or

 

(b)      a de facto spouse, who in relation to a person, is a person of the opposite sex to 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 step child, a foster child or an ex nuptial) parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the officer or spouse or de facto spouse of the officer; or

 

(d)      a same sex partner who lives with the officer as the de facto partner of that officer on a bona fide domestic basis; or

 

(e)       a relative of the officer who is a member of the same household, where for the purposes of this paragraph:

 

(i)       'relative' means a person related by blood, marriage or affinity;

 

(ii)      'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(iii)     'household' means a family group living in the same domestic dwelling.

 

26.2    Use of sick leave to care for a sick dependant - entitlement

 

(a)       The entitlement to use sick leave in accordance with this clause is subject to:

 

(i)       the employee being responsible for the care and support of the person concerned, and

 

(ii)      the person concerned being as defined as above.

 

(b)      An employee with responsibilities in relation to a person who needs their care and support shall be entitled to use sick leave available from that year’s annual sick leave entitlement minus any sick leave taken from that year’s entitlement to provide care and support for such persons when they are ill.

 

(c)       Sick leave accumulates from year to year.  In addition to the current year’s grant of sick leave, sick leave accrued from the previous 3 years may also be accessed by an employee with responsibilities in relation to a person who needs their care and support.

 

(d)      In special circumstances, the Chief Executive Officer may make a grant of additional sick leave. This grant can only be taken from sick leave accrued prior to the period referred to in paragraph 26.2 (c).

 

(e)       If required, a medical certificate or statutory declaration must be made by the employee to establish the illness of the person concerned and that the illness is such to require care by another person.

 

(f)       The employee is not required to state the exact nature of the relevant illness on either a medical certificate or statutory declaration and has the right to choose which of the two methods to use in the establishment of grounds for leave.

 

(g)      Wherever practicable, the employee shall give the Chief Executive Officer prior notice of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee.  They must also give reasons for taking such leave and the estimated length of absence. If the employee is unable to notify the Chief Executive Officer beforehand, notification should be given by telephone at the first opportunity on the day of absence.

 

(h)      In normal circumstances, the employee must not take leave under this subclause where another person has taken leave to care for the same person.

 

26.3    Time Off in Lieu of Payment for Overtime

 

26.3.1 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.

 

26.3.2 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.

 

26.3.3 If, having elected to take time as leave in accordance with paragraph 3.1 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.

 

26.3.4 Where no election is made in accordance with the said paragraph 3.1, the employee shall be paid overtime rates in accordance with the award.

 

26.4    Make-up Time

 

26.4.1 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.

 

27.  Union Delegates

 

An employee appointed shop steward in the shop or department in which they are employed shall, upon notification, be recognised by the employer as an accredited representative of the Union.  The union delegate shall be allowed the necessary time during working hours to interview the employer or their representative on matters affecting the employees who are represented by the delegate.

 

28.  Dispute Resolution

 

The procedure for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following:

 

28.1    Procedure relating to a grievance of an individual employee:

 

28.1.1 The employee shall notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

28.1.2 The grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

28.1.3 Reasonable time limits must be allowed for discussion at each level of authority.

 

28.1.4 At the conclusion of the discussion, the employer must provide a response to the employee's grievance if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

28.1.5 While a procedure is being followed, normal work must continue.  No party shall be prejudiced as to the final settlement by the continuation of work in accordance with this subclause.

 

28.1.6 The employer may be represented by an industrial organisation of employers and the employee may be represented by an industrial organisation of employees for the purpose of each procedure.

 

28.2    Procedure for a dispute between an employer and the employees:

 

28.2.1 A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

28.2.2 Reasonable time limits must be allowed for discussion at each level of authority.

 

28.3    While a procedure is being followed, normal work must continue. No party shall be prejudiced as to the final settlement by continuation of work in accordance with this subclause.

 

28.4    The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purpose of each procedure.

 

29.  Transport of Employee's Tools

 

When an employee on construction or maintenance work is required to transfer from one job to another, an employer shall provide transport for the employee's tools to the nearest public conveyance.  On termination of employment, the employer shall provide transport for the employee's tools to the nearest public conveyance except where the employee gives notice or is dismissed for misconduct.

 

30.  Picnic Day

 

30.1    The first Monday in December of each year shall be the Union Picnic Day.

 

30.2    All employees shall, as far as practicable, be given and shall take this day as a picnic day at their ordinary rate of pay including accrual for a rostered day off.  Any employee required to work on such day shall be paid at the rate of double time and one-half for all time worked on such day, with a minimum payment for four hours work.  An employee who is required to work on picnic day and who fails to comply with such requirement shall not be entitled to payment for the day.

 

30.3    An employer may require from an employee evidence of attendance at the picnic.  The production of the butt of a picnic ticket issued for the picnic shall be sufficient evidence of such attendance. Where the employer requests production of the ticket butt, payment need not be made unless the evidence is produced.

 

30.4    Where an employer holds a regular picnic for their employees on some other working day during the year, then such day may be given and may be taken as a picnic day in lieu of the picnic day here fixed.

 

30.5    This clause shall apply to employees working within the Counties of Cumberland, Northumberland and Camden and in such other areas where a picnic is actually held and in respect of which one month's notice is given in writing by the Union to the employer.

 

30.6    In Departments to which the Government Sector Employment Act 2013 applies, employees may take a day designated by their Department Head as a public service holiday during the period between Boxing Day and New Year’s Day in lieu of the Picnic Day prescribed in this clause.

 

31.  General Leave Conditions and Accident Pay

 

31.1    General leave conditions and accident pay of employees engaged by Government bodies under the provisions of the Government Sector Employment Act 2013 shall be bound by the Government Sector Employment Regulation 2014.

 

31.2    General leave conditions and accident pay of employees engaged under Ministerial authority in Government and quasi-government bodies shall be regulated by the Government Uniform Leave Conditions.

 

31.3    In addition to the leave entitlements provided in 31.1 and 31.2, the following provisions shall also apply.

 

(a)       Right to request

(i)       An employee entitled to parental leave may request the employer to allow the employee:

 

(A)      to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(B)      to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(C)      to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(ii)      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.

 

(iii)     Employee’s request and the employer’s decision to be in writing.

 

The employee’s request and the employer’s decision made under subparagraph 31.3(a)(i) and 31.3 (a)(ii) above, must be recorded in writing.

 

(iv)     Request to return to work part-time

 

Where an employee wishes to make a request under 31.3 (a)(i)(C) above, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

(b)      Communication during parental leave

 

(i)       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:

 

(A)      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; and

 

(B)      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.

 

(ii)      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 employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(iii)     The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with subparagraph 31.3 (b)(i).

 

32.  Deduction of Union Membership Fees

 

32.1    The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union's rules.

 

32.2    The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

32.3    Subject to 32.1 and 32.2 above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union's rules, provided that the employee has authorised the employer to make such deductions.

 

32.4    Monies so deducted from employee's pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.

 

32.5    Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

32.6    Where an employee has already authorised the deduction of union membership fees 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 continue.

 

33.  Work 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)      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):

 

(1)      consult with employees of the labour hire business and/or contract business regarding the workplace work health and safety consultative arrangements;

 

(2)      provide employees of the labour hire business and/or contract business with appropriate work 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 Work Health and Safety Act 2011 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 sub 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.

 

34.  No Extra Claims

 

Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, there shall be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to 30 June 2023 by a party to this Award.

 

35.  Area, Incidence and Duration

 

34.1    This award shall apply to: 

 

(a)       all non-executive public service employees as defined in the Government Sector Employment Act 2013 employed in Departments, Public Service executive agencies related to Departments, and separate Public Service agencies, listed in Schedule 1 to the Government Sector Employment Act 2013, except where another industrial instrument or arrangement applies to the employees; and

 

(b)      any officer, Departmental temporary employee and casual employee who, as at 23 February 2014, was employed in a Department listed in Schedule 1, Part 1, of the Public Sector Employment and Management Act 2002 and who was covered by the predecessor to this award on that date, of the classes specified in clause 3, Rates of Pay, of this Award in the employment of the New South Wales Ambulance Board, Roads and Maritime Services and Government organisations to which the Government Sector Employment Act 2013 applies, other than those referred to hereunder. It shall not apply to employees covered by the Sydney Harbour Bridge Employees Award, nor to those employed by the Roads and Maritime Services, and Department of Public Works and Services in Broken Hill, or those employed by the Zoological Parks Board of New South Wales.

 

34.2    This award rescinds and replaces the Crown Employees (Skilled Trades) Award 2021 published on 3 December 2021 (391 I.G. 95) and all variations thereof.

 

34.3    This award has a nominal term of 12 months from 1 July 2022 with any increases to pay and work related allowances effective from the first full pay period on or after 1 July 2022.

 

Part B

 

RATES AND ALLOWANCES

 

Table 1 - Rates of Pay

 

Classification - Clause 3.  All up Rate – includes Industry Allowance, Special Loading, Trade Allowance	Per week as from the first full pay period on or after 1.7.21 (2.04%) $	Per week as from the first full pay period on or after 1.7.22 (2.53%) $
Bespoke Bootmaker	1009.00	1034.50
Blacksmith	1103.70	1131.60
Body Maker, First Class	1092.60	1120.20
Boilermaker and/or Structural Steel Tradesperson	1092.60	1120.20
Boot or Shoe Repairer	990.40	1015.50
Bricklayer	1092.60	1120.20
Bridge and Wharf Carpenter	1092.60	1120.20
Cabinet Maker	1134.00	1162.70
Carpenter and/or Joiner	1092.60	1120.20
Coach and/or Spray Painter	1092.60	1120.20
Drainer	1103.70	1131.60
Electrical Fitter	1165.20	1194.70
Electrical Instrument Fitter	1220.30	1251.20
Electrical Mechanic	1165.20	1194.70
Electrician in Charge of Plant having a capacity of 75 Kilowatts or more	1242.30	1273.70
Electrician in Charge of Plant having a capacity of less than 75 Kilowatts	1186.60	1216.60
Electronics Tradesperson	1186.60	1372.60
Farrier	1103.70	1131.60
Fitter	1092.60	1120.20
Forger and/or Faggoter	1092.60	1120.20
French Polisher	1134.00	1162.70
Machinist, A Grade (Woodworking)	1092.60	1120.20
Machinist, First Class (Metal Trades)	1112.00	1140.30
Marker-off	1103.70	1131.60
Mechanical Tradesperson - Special Class (as defined)	1153.60	1182.80
Motor Mechanic	1092.60	1120.20
Painter	1092.60	1120.20
Panel Beater	1092.60	1120.20
Patternmaker	1125.50	1154.00
Plant Electrician	1230.00	1261.10
Plant Mechanic	1092.60	1120.20
Plasterer	1092.60	1120.20
Plumber and/or Gasfitter	1103.70	1131.60
Radio Mechanic or Fitter	1165.20	1194.70
Refrigeration and/or Air Conditioning	1165.20	1194.70
Saw Doctor	1165.20	1194.70
Sawyer, No. 1 Benchperson	1112.20	1140.30
Scalemaker and/or Adjuster	1092.60	1120.20
Scientific Instrument Maker	1125.50	1154.00
Sewing Machine Mechanic	1092.60	1120.20
Sheetmetal Worker, First Class	1092.60	1120.20
Shipwright and/or Boatbuilder	1092.60	1120.20
Signwriter	1125.50	1154.00
Slater and Tiler	1092.60	1120.20
Stonemason	1092.60	1120.20
Stonemason-Carver	1165.20	1194.70
Tilelayer	1092.60	1120.20
Toolmaker	1125.50	1154.00
Toolsmith	1103.70	1131.60
Trimmer (Motor)	1092.60	1120.20
Turner	1092.60	1120.20
Watchmaker	1072.80	1099.90
Welder, Special Class	1103.70	1131.60
Welder, First Class	1092.60	1120.20

 

WAGES FOR APPRENTICES

 

Apprentices shall receive as minimum weekly rates of pay, the following:

 

(i)

 

Four Year Term	Per week as from the first full pay period on or after 1.7.21 (2.04%) $	Per week as from the first full pay period on or after 1.7.22 (2.53%) $
1st year	472.40	484.40
2nd year	621.40	637.10
3rd year	796.00	816.10
4th year	918.20	941.40

 

Wages for apprentices employed by the Department of Education

 

Four Year Term	Per week as from the first full pay period on or after 1.7.21 (2.04%) $	Per week as from the first full pay period on or after 1.7.22 (2.53%) $
1st year	509.40	522.30
2nd year	670.20	687.20
3rd year	858.50	880.20
4th year	990.40	1015.50

 

(ii)      An apprentice who has passed the prescribed annual technical college examinations for the preceding year shall be paid an additional weekly allowance of $1.25.  Payment of this allowance is subject to a satisfactory report as to conduct, punctuality and workshop progress by his/her supervisor.  Such additional allowance shall be payable from the beginning of the first pay period commencing in January following the examinations.

 

(iii)     An apprentice who, in any year fails to complete a subject or subjects but completes them concurrently with passing the succeeding year’s examinations, shall be deemed to qualify for payment of the allowance specified in this subclause for the succeeding year as if he had not initially failed to complete the subject or subjects

 

(iv)     All wages shall be paid on a weekly basis: It shall be an implied term of any contract of apprenticeship that the employing Authority may deduct from the weekly wage of an apprentice an amount proportionate to the time lost by an apprentice for any reason not considered satisfactory to the employing Authority.

 

(v)       Apprentice patternmakers shall be paid the sum of $1.25 per week in addition to the wage rates prescribed for apprentices in subclause (i).

 

Table 2 - Tool Allowances

 

An employee under this award of a classification as listed underneath shall receive the prescribed tool allowance.  The tool allowance is applicable to both skilled tradespeople and apprentices and is to form part of the ordinary pay for all purposes.

 

Clause No.		From the first full pay period on or after 1.7.21 (i.e. 0.9% March 2021 Sydney CPI) $	From the first full pay period on or after 1.7.22 (i.e. 4.4% March 2022 Sydney CPI) $
5.	Tool Allowances
	Blacksmith	33.90	35.40
	Bodymaker, First Class	33.90	35.40
	Boilermaker and/or Structural Steel	34.00	35.50
	Bricklayer	24.20	25.30
	Bridge and Wharf Carpenter and/or Civil Engineering	34.00	35.50
	Construction Carpenter
	Cabinet Maker	13.70	14.30
	Carpenter	33.90	35.40
	Drainer	33.90	35.40
	Farrier	33.90	35.40
	Fitter	33.90	35.40
	Forger and/or Faggoter	33.90	35.40
	Machinist, First Class (Metal Trades)	33.90	35.40
	Machinist (Metal Trades) Special Class	33.90	35.40
	Marker Off	33.90	35.40
	Motor Mechanic	33.90	35.40
	Painter	8.30	8.70
	Panel Beater	33.90	35.40
	Patternmaker	33.90	35.40
	Plant Mechanic	33.90	35.40
	Plasterer	33.90	35.40
	Plumber	33.90	35.40
	Plumber and Gasfitter	33.90	35.40
	Plumber, Gasfitter and Drainer	33.90	35.40
	Sewing Machine Mechanic	33.90	35.40
	Sheetmetal Worker, First Class	33.90	35.40
	Shipwright/Boatbuilder	33.90	35.40
	Signwriter	8.30	8.70
	Slater and Tiler	17.60	18.40
	Stonemason	33.90	35.40
	Stonemason-Carver	33.90	35.40
	Tilelayer	24.20	25.30
	Toolmaker	33.90	35.40
	Toolsmith	33.90	35.40
	Trimmer (Motor)	33.90	35.40
	Turner	33.90	35.40
	Vehicle Builder	33.90	35.40
	Watchmaker	11.10	11.60
	Welder, Special Class	33.90	35.40
	Welder, First Class	33.90	35.40
22.6.2	Supply of boots	40.80	42.60
	Accrual of credit	4.80	5.00
23.2	Reimbursement for loss of tools	1963.00	2049.00

 

Application to employees of Department of Education

 

Clause No.	Brief Description	From the first full pay period on or after 1.7.21 (i.e. 0.9% March 2021 Sydney CPI) $	From the first full pay period on or after 1.7.22 (i.e. 4.4% March 2022 Sydney CPI) $
5	Tool Allowances - Electrical Radio Mechanic and Fitter	23.40	24.40

 

Table 3 – Allowances

 

Clause No	Brief Description	From the first full pay period on or after 1.7.21 (2.04%) $	From the first full pay period on or after 1.7.22 (2.53%) $
4.2	Carpenter Diver (p.w)	318.80	326.90
4.4	Electrician who is holder of a NSW electrician’s licence:
	A Grade Licence (p.w.)	53.10	54.40
	B Grade Licence (p.w.)	28.60	29.30
4.5	Lead Burner (p.h.)	1.09	1.12
4.6	Plumber and Drainer when required to act on:
	plumbers licence (p.h.)	1.38	1.41
	gasfitters licence (p.h.)	1.38	1.41
	drainers licence (p.h.)	1.14	1.17
	plumbers and gasfitters licence (p.h.)	1.85	1.90
	plumbers and drainers licence (p.h.)	1.85	1.90
	gasfitters and drainers licence (p.h.)	1.85	1.90
	plumbers, gasfitters and drainers licence (p.h.)	2.55	2.61
4.7	Holder of Electric Welding (DIRE Certificate) (p.h.)	0.81	0.83
4.8	Boot or Shoe Repairer required to repair anatomical, surgical or orthopaedic boots or shoes (p.w.)	28.80	29.50
4.9	Shipwright-Boatbuilder, for: Liner Off, Loftsperson and Model Maker (p.h.)	1.47	1.51
4.10	Computing quantities (p.d.)	6.24	6.40
4.11	Joiner, Public Works and Education Departments:
	when working at regular place of employment (p.w.)	49.30	50.50
	when working away from regular place of employment (p.d.)	9.92	10.17
4.12	Registration allowance (p.h.)	1.05	1.08
4.13	Building tradesperson - Marking off/Setting out (p.w.)	1.40	1.40
4.14	Cold places:
	below 0 degree Celsius (p.h.)	0.86	0.88
	below minus 7 degrees Celsius (p.h.)	0.99	1.02
4.15	Confined spaces (p.h.)	1.06	1.09
4.16	Dirty work (p.h.)	0.86	0.88
	For Bridge and wharf carpenter who:
	uses material or liquid that is injurious to clothes or damages his/her tools (p.h.)	0.87	0.89
	is engaged in work where dirt or dust or other foreign matter or refuse has accumulated to become damaging to the clothes or tools or objectionable or injurious to the person (p.h.)	0.86	0.88
	Shipwright Boatbuilder engaged in work as set out in subclause 5.16.2 (v) (p.h.)	0.86	0.88
4.17	Height money:
	7.5 metres from ground, deck, floor or water (p.h.)	0.86	0.88
	for every additional 3 metres (p.h.)	0.16	0.17
4.18	Hot places:
	between 46 degrees Celsius and 54 degrees Celsius (p.h.)	0.86	0.88
	exceeds 54 degrees Celsius (p.h.)	1.06	1.09
4.19	Handling insulation material (p.h.)	1.04	1.07
4.20	Smoke boxes:
	repairs to smoke-boxes furnace or flues of boilers (p.h.)	0.54	0.55
	repairs to and while inside oil fired boilers (p.h.)	2.12	2.17
4.21	Wet places:
	- where water other than rain is falling and required to work in wet clothing or boots (p.h.)	0.86	0.88
	- when required to work in the rain (p.h.)	0.86	0.88
	- called upon to work on a raft, open board, punt or pontoon having a freeboard of 305m.m or less (p.d.)	3.26	3.34
	- called upon to work knee-deep in mud or water (p.d.)	6.77	6.94
4.22	Acid furnaces, Stills, etc.:
	Construction or repairs to acid furnaces, stills, towers and all resisting brickwork other acid (p.h.)	4.36	4.47
	Construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work(p.h.)	4.36	4.47
4.23	Towers allowances:
	construction exceeding 15 metres in height, (p.h.) and	0.86	0.88
	for each additional 15 metres (p.h.)	0.86	0.88
4.24	Depth exceeding 3 metres (p.h.)	0.86	0.88
4.25	Swing scaffolds:
	for the first four hours or any portion thereof, (p.h.)	6.30	6.46
	and for each hour thereafter (p.h.)	1.29	1.32
	Solid plasterers when working off a swing scaffold (p.h.)	0.16	0.17
4.26	Spray application (p.h.)	0.84	0.86
4.27	Soil pipes (p.h.)	1.06	1.09
4.28	Working on second-hand timber (p.d.)	3.36	3.45
4.29	Roof work:
	work in excess of 12 metres from the nearest floor level (p.h.)	1.06	1.09
	minimum payment (p.h.)	1.06	1.09
4.30	Electric welding (p.h.)	0.34	0.35
4.31	Explosive powered tools:
	employee required to use explosive powered tools (p.d.)	2.05	2.10
	bridge and wharf carpenter when required to use these tools (p.d.)	2.05	2.10
4.32	Scaffolding rigging (p.h.)	0.86	0.88
4.33	Corrective establishments (p.h.)	2.14	2.19
	Mental institutions (p.h.)	1.64	1.68
	Geriatric hospitals: Allandale, Garrawarra and Strickland Hospitals (p.h.)	0.59	0.60
	Geriatric hospitals: - Lidcombe Hospital (p.h.)	0.54	0.55
	Work in hot/cold water tanks for the purpose of the control of Legionella Pneumophilia (p.h.)	3.99	4.09
4.34	Distant places:
	- in districts as set out in subclause 5.3 (p.d.)	1.62	1.66
	- in western division of the state (p.d.)	2.67	2.74
	- within the area as set out in subclause 5.36.3 (p.d.)	2.67	2.74
	- Bridge and road construction within the area as set out in subclause 4.34.4 (p.d.)	1.52	1.56
4.35	Morgues (p.h.)	0.99	1.02
4.36	Application of epoxy based materials or materials of a like nature (p.h.)	1.06	1.09
	Application of such material in buildings which are normally air conditioned (p.h.)	0.73	0.75
	Working in close proximity to employees so   engaged (p.h.)	0.86	0.88
4.37	Bricklayers laying other than standard bricks where
	block weighs:
	- over 5.5 kg and under 9 kg (p.h.)	0.86	0.88
	- 9 kg or over and up to 18 kg (p.h.)	1.49	1.53
	- over 18 kg (p.h.)	2.37	2.43
4.38	Bagging bricks or concrete structures (p.h.)	0.79	0.81
4.39	Cleaning down brickwork using acids or other corrosive substances (p.h.)	0.79	0.81
4.40	Materials containing asbestos (p.h.)	1.06	1.09
4.41	Operation of pneumatic tools of 2.75 kg or over (p.d.)	4.61	4.73
4.42	Operation of brick cutting machine (p.h.)	1.06	1.09
4.43	Asbestos eradication (p.h.)	2.86	2.93
4.44	Employee required to work in an Animal House (p.h.)	0.52	0.53
4.45	Employee of Roads and Traffic Authority, Illawarra region working in areas where coal wash is being unloaded, handled or spread (p.h.)	0.86	0.88
5.	Tool Allowance
	Electrical Fitter	21.60	22.10
	Electrical Fitter/Mechanic	21.60	22.10
	Electrical Instrument Fitter	21.60	22.10
	Electrical Mechanic	21.60	22.10
	Electrician in charge of plant having a capacity of less 75 kilowatts	21.60	22.10
	Electronic Tradesperson	21.60	22.10
	Electrical Instrument Fitter	21.60	22.10
	Plant Electrician	21.60	22.10
	Radio Mechanic and Fitter	21.60	22.10
	Refrigeration and/or Air Conditioning Mechanic	21.60	22.10
6.1	Employee appointed to be in charge of up to and including five employees (p.w)	54.20	55.60
6.2	Employee appointed to be in charge of more than five and up to and including ten employees (p.w.)	69.50	71.30
6.3	Employee appointed to be in charge of more than ten employees (p.w.)	90.80	93.10
15.1	Chokages pipe or pump (p.d.)	10.02	10.27
15.2	Fouled equipment (p.d.)	10.02	10.27
17.3	First Aid qualifications (p.d.)	3.72	3.81
Clause No.		From the first full pay period on or after 1.7.21 (i.e. 0.9% March 2021 Sydney CPI) $	From the first full pay period on or after 1.7.22 (i.e. 4.4% March 2022 Sydney CPI) $
8.1	Excess fares and travelling time to and from place of work	26.33	27.49
8.1.1	If employer provides or offers to provide transport free of charge	10.49	10.95
8.2	Excess fares and travelling to and from work:
	- first year apprentices (or probationers)	22.10	23.07
	- to all other apprentices	25.63	26.76
8.2.1	If employer provides or offers to provide transport free of charge
	- to first year apprentices	8.78	9.17
	- to all other apprentices	10.39	10.85
9.3.3	Meal allowance:
	- after working in excess of four hours	16.30	17.00
	- for each subsequent meal	14.00	14.60
9.8	Tea Money:
	- required to work overtime for one and a half hours or more without being notified on the previous day or earlier, for a meal	16.37	17.09
	- after each four hours on continuous overtime, for each meal	14.30	14.90
14.4	Expenses of reaching home and of transporting tools from distant work	25.40	26.50
14.5.1	Allowance for board and lodging:
	- while on distant work	551.70	576.00
	- for broken parts of week	78.80	82.27
14.6	Camping allowance	31.58	32.97
14.7	Returning home for the weekend from distant work	43.80	45.70

 

 

 

N. CONSTANT, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.