Government
Railways (Building Trades Maintenance Staff) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by Construction, Forestry, Mining and Energy Union
(New South Wales Branch), Industrial Organisation of Employees.
(No. IRC 1105 of 2008)
Before Commissioner Cambridge
|
3 September 2008
|
VARIATION
1. Delete clause 5, Rates of Wages, Tool and Special Allowances,
of the award published 2 May 2008 (365 I.G.890) and insert in lieu thereof the
following:
5. Rates of Wages, Tool and Special Allowances
(i) Employees of the classifications
specified hereunder shall be paid at the following rates of Wages per week:
Classification
|
Base* rate
|
Tool
|
Fixed
|
Fixed
|
Tradespersons'
|
SWC
|
Total
|
|
per wk
|
Allowance
|
Special
|
Additional
|
Allowance
|
2000-
|
per wk
|
|
|
per wk
|
Allowance
|
loading
|
per wk
|
2008
|
|
|
|
|
per wk
|
per wk
|
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
Bricklayer
|
366.00
|
17.50
|
12.88
|
59.87
|
16.25
|
163.44
|
635.94
|
Bridge
|
|
|
|
|
|
|
|
Carpenter
|
366.00
|
24.70
|
12.88
|
59.87
|
16.25
|
163.72
|
642.92
|
Carpenter and
|
|
|
|
|
|
|
|
joiner
|
366.00
|
24.70
|
12.88
|
59.87
|
16.25
|
163.72
|
623.70
|
Painter
|
366.00
|
5.90
|
12.88
|
59.87
|
16.25
|
162.99
|
623.79
|
Signwriter
|
375.80
|
5.90
|
12.88
|
59.87
|
16.25
|
162.98
|
623.58
|
Plaster and
|
|
|
|
|
|
|
|
Fibrous
|
366.00
|
20.40
|
12.88
|
59.87
|
16.25
|
163.56
|
638.56
|
Plaster Fixer
|
|
|
|
|
|
|
|
Plumber and
|
369.10
|
24.70
|
12.88
|
59.87
|
16.25
|
171.85
|
674.15
|
Gasfitter
|
|
|
|
|
|
|
|
* Please note the base
rate includes the now deleted basic wage component of $121.40.
Provided that the
amount shown as additional loading comprehends consideration for over award
payments.
(ii) Without limiting the general meaning,
signwriting work shall include making of stencils and stencilling by screen or
any other method, and the making and/or fixing of transfers.
(iii) The ordinary hourly rates for employees
engaged on leadburning shall be calculated by adding to the hourly rate
prescribed for journeymperson plumbers an amount of 62 cents per hour.
(iv) The ordinary hourly rates for employees in
the following classifications shall be calculated by adding to the hourly rate
prescribed for journeyman plumbers in this clause and subclause (vi) of this
clause, the following rates:
Cents per hour
(a) When required to act on a plumbers licence
- 81 cents
(b) When required to act on a gasfitters
licence - 81 cents
(c) When required to act on a drainers licence
- 69 cents
(d) When required to act on a plumbers and
gasfitters licence - $1.08
(e) When required to act on a plumbers and
drainers licence - $1.08
(f) When required to act on a gasfitters and
drainers licence - $1.08
(g) When required to act on a plumbers
gasfitter and drainers licence - $1.43
(h) When required to act on Pressure Welding
Certificate - 46 cents
Gasfitting licence
shall be deemed to include coal gas, town gas, natural gas, liquid petroleum gas
or any other gas where it is required by any State Act of Parliament or
regulation that the holder of a licence be responsible for the installation of
any such service or services.
(v) 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 60 cents per hour in addition to his ordinary rate of pay.
This allowance
shall be paid for all purposes of the award with the exception of Clause 4
OVERTIME and clause 12, Night and/or Shift Work in which case it shall be paid
at the flat rate and not subject to penalty provisions.
(vi) The allowances contained in subclause (iv)
and (v) of this clause are applicable to employees working a 40 hour week.
Where employees work an average of 38 hours per week in a four week work cycle
the hourly rate indicated is to be multiplied by 40 and divided by 38 to obtain
the appropriate hourly rate.
(vii) The rates of pay in this award include the
adjustments payable under the State Wage Case 2008. These adjustments may be offset against:
(i) any equivalent overaward payments, and/or
(ii) award wage increases since 29 May 1991
other than safety net, State Wage Case, and minimum rates adjustments.
2. Delete clause 7, Leading Hands and insert in lieu thereof the
following:
7. Leading Hands
Leading hand
tradespeople shall be paid at the rate of the following amounts whilst so
employed, in addition to the rates of wages prescribed by clause 5, Rates of
Wages, Tool and Special Allowances of this award, for employees of the same
classification except in respect of the large construction project allowance.
|
Per week
|
|
$
|
When in charge of not
less than three and not more than ten employees
|
27.24
|
When in charge of
more than ten and not more than twenty employees
|
41.28
|
When in charge of
more than twenty employees
|
52.45
|
3. Delete clause 8, Special Rates, and insert in lieu thereof
the following:
8. Special Rates
In addition to the
ordinary rates of wages.
(i) Tunnels: An employee when working in a
tunnel 402.34 metres or over in length or in the Eveleigh Engine dive shall be
paid at the rate of 44 cents per hour extra.
(ii) Wet places: An employee when working in
any place where his clothing or boots become saturated whether by water, oil or
otherwise shall be paid at the rate of 56 cents per hour extra; provided that
this extra rate shall not be payable to an employee who is provided by the
employer with suitable and effective protective clothing and/or footwear;
provided further that any employee who becomes entitled to this extra rate
shall continue to be paid such extra rate for such part of the day or shift as
he is required to work in wet clothing or boots.
(iii) Chokages: A plumber who is employed upon
any chokage or oil chokage (other than domestic and is required to open up any
soil pipe, waste pipe or drain pipe conveying offensive material or scupper
containing sewage shall be paid an additional $5.92 per day or part of a day
thereof.
(iv) Boilers, flues, etc: An employee when
engaged in alteration of repairs to boilers, flues, furnaces, retorts and kilns
shall be paid at the rate of $1.66 per hour extra.
(v) Swinging scaffold - a payment of $4.09 for
the first four hours or any portion thereof and 83 cents for each hour
thereafter on any day shall be made to any person employed -
(a) On any type of swing scaffold or any
scaffold suspended by rope of cable, bosuns chair etc.,
(b) On a suspended scaffold requiring the use
of steel or iron hooks or angle irons at a height of 6 metres or more above the
nearest horizontal plane.
And further provided
that solid plasterers when working off a swing scaffold shall receive an
additional 11 cents per hour.
(vi) An employee who is called upon to handle
charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool, or
other recognised insulation material of a like nature or working in the
immediate vicinity so as to be offended by the use thereof, 72 cents per hour
or part thereof.
(vii) Hotwork: An employee who works in a place
where the temperature has been artificially raised to between 46 degrees and 54
degrees Celsius shall be paid 54 cents per hour or part thereof exceeding 54
degrees Celsius- 72 cents per hour or part thereof.
Where such work
continues for more than two hours the employee shall be entitled to 20 minutes
rest after every two hours work without loss of pay, not including the special
rate provided by this sub-clause.
(viii) An employee who works in a place the
dimensions or nature of which necessitate working in a cramped position or
without sufficient ventilation shall be paid 69 cents per hour extra.
(ix) Roof Repairs: Employees engaged on repairs
to roofs shall be paid 72 cents per hour.
(x) An employee who is an authorised operator
of explosive power tools shall be paid $1.33 for each day on which he uses such
a tool.
(xi) An employee working on any structure at a
height of more than 9.144 metres where an adequate fixed support not less than
.762 metres wide is not provided shall be paid 56 cents per hour in addition to
ordinary rates. This sub-clause shall
not apply to an employee working on a bosun’s chair or swinging stage.
(xii) An employee being the holder of a
Department of Industrial Relations oxyacetylene or electric welding certificate
or equivalent qualifications recognised by the Employer when required by the
Employer to act on either of his certificates or equivalent qualifications
during the course of his employment shall be entitled to be paid for every hour
of his employment on work the nature of which is such that it is done by or
under the supervision of the holder of a certificate or while not performing
but supervising such work the sum of 48 cents per hour for each certificate in
addition to the rates for journeyperson plumbers.
(xiii) A painter engaged on all spray applications
carried out in other than a properly constructed booth approved by the
Department of Commerce shall be paid 56 cents per hour extra.
(xiv) Computing quantities- Employees who are
regularly required to compute or estimate quantities of materials in respect to
the work performed by other employees shall be paid an additional $4.09 per day
or part thereof, provided that, this allowance shall not apply to an employee
classified as a leading hand and receiving allowance prescribed in clause 7,
Leading Hands, of this award.
(xv) Applying obnoxious substances:
(a) An employee engaged in either the
preparation and/or the application of epoxy based materials or materials of a
like nature shall be paid 71 cents per hour extra.
(b) In addition employees applying such
material in buildings which are normally air-conditioned shall be paid 44 cents
per hour extra for any time worked when the air-conditioning plant is not
operated.
(c) Where there is an absence of adequate natural
ventilation the employer shall provide ventilation by artificial means and/or
supply an approved type of respirator and in addition protective clothing shall
be supplied where recommended by the WorkCover Authority of New South Wales.
(d) Employees working in close proximity to
employees so engaged shall be paid 56 cents per hour extra.
(e) For the purpose of this clause all
materials which include or require the addition of a catalyst hardener and
reactive additives or two pack catalyst system shall be deemed to be materials
of a like nature.
(xvii) Cleaning down brickwork: A bricklayer
required to clean down bricks using acids or other corrosive substances shall
be paid 49 cents per hour extra. While so employed employees will be supplied
with gloves.
(xviii) Bricklayers laying other than standard bricks
- bricklayers employed laying blocks (other than concrete blocks for plugging
purposes shall be paid the following additional rates:
Where the blocks
weigh over 5.5 kg and under 9 kg: 56 cents
Where the blocks
weigh 9 kg or over up to 18 kg: 1.01 cents
Where the blocks
weigh over 18 kg: $1.42
An employee shall
not be required to lift a building block in excess of 20 kg in weight unless
such employee is provided with a mechanical aid or with an assisting employee;
provided that, an employee shall not be required to manually lift any building
block in excess of 20 kg in weight to a height of more than 1.2 metres above
the working platform.
(xix) Plumbers engaged on electric welding
applicable to plumbing other than those covered by subclause (xii) of this
clause shall be paid 16 cents per hour extra for the time so worked.
(xx) Asbestos: Employees required to use
materials containing asbestos or to work in close proximity to employees using
such materials shall be provided with, and shall use, all necessary safeguards
as required by the appropriate occupational health authority and where such
safeguards include the mandatory wearing of protective equipment (ie
combination overalls and breathing equipment or similar apparatus) such
employees shall be paid 70 cents per hour whilst so engaged.
(xxi) Bagging: Employees engaged upon bagging
brick or concrete structures shall be paid 49 cents per hour.
(xxii) Second hand timber: A carpenter and joiner who,
whilst working on second hand timber has his tools damaged by nails, dumps or
other foreign matter in the timber shall be paid an allowance of $2.20 for each
day upon which his tools are so damaged. Provided that no allowance shall be
payable under this paragraph unless the damage is immediately reported to the
commission's representative on the job in order that he may have an opportunity
to properly investigate the matter.
(xxiii) Marking setting out- A building tradesperson
mainly employed marking and/or setting out work for other employees shall be
paid an additional margin of $21.59 per week.
(xxiv) Rates not cumulative: Where more than one of
the above special rates provide payments for disabilities of substantially the
same nature then only the highest of such rates shall be payable.
The above rates
shall not form part of the ordinary rates of wages for the purpose of
calculation of overtime.
4. This variation shall take effect from the beginning of the
first pay period to commence on or after 10 July 2008.
I. W. CAMBRIDGE, Commissioner
____________________
Printed by the authority of the Industrial
Registrar.