HUNTER VALLEY TRAINING COMPANY (SCAFFOLDING TRAINEES) TRAINING (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Hunter Valley Training Company Pty Ltd.

 

(No. IRC 3840 of 2005)

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Title

2.         Definitions

3.         Anti-Discrimination

4.         Coverage of Award

5.         Union Contributions

6.         Training Conditions

7.         Disputes Procedure

8.         Termination of Employment

9.         Rates of Pay

10.       Payment of Wages

11.       Provision of Tools

12.       First Aid Allowance

13.       Fares and Travelling allowance

14.       Accommodation

15.       Special Rates

16.       Superannuation

17.       Hours of Work

18.       Overtime

19.       Holiday and Sunday Work

20.       Reasonable Working Hours

21.       Annual Leave

22.       Annual Leave Loading

23.       Long Service Leave

24.       Sick Leave

25.       Bereavement Leave

26.       Personal Carers Leave

27.       Wage and Allowance Increases

28.       Area, Incidence and Duration

 

PART B

 

Table 1

 

Part A

 

1.  Title

 

This Award shall be referred to as the Hunter Valley Training Company (Scaffolding Trainees) Training (State) Award

 

2.  Definitions

 

"Union" means The Australian Workers Union, New South Wales.

 

"Employer" means The Hunter Valley Training Company Pty Ltd.

 

"Trainee" means a person who is a signatory to a contract of training registered with the relevant New South Wales Training Authority. The Trainee is involved in paid work and structured training, which may be on and/or off the job.

 

An "Adult Trainee" means a person who is over the age of 21 years of age at the time of entering into a contract of training with Hunter Valley Training Company as a Scaffolding Trainee covered by this award.

 

3.  Anti - Discrimination

 

3.1.       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 ground of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

3.2.       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.

 

3.3.       Under the Anti - Discrimination Act 1977, it is unlawful to victimize an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

3.4.       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.

 

3.5.       This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTES

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines o that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

4.  Coverage of Award

 

This award shall apply in the State of New South Wales to Scaffolding Trainees undergoing a General Construction - Scaffolding Certificate III training course, delivered by a registered training organisation and who are employed by Hunter Valley Training Company, engaged on On-Site construction work (as defined in Clause 4 of the National Metal and Engineering On-Site Construction Industry Award 1989) in the Metal and Engineering Construction Industry.

 

5.  Union Contributions

 

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

 

(a)        the employee has authorized the employer to make such deductions in accordance with subclause (5.2) herein;

 

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

 

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

 

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

 

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

 

5.3        Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five percent of the monies deducted.

 

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

 

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

 

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

 

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

5.8        This clause shall take effect from the first full pay period to commence after 15 August 2005.

 

6.  Training Conditions

 

6.1        The trainee shall attend an approved training course or training program prescribed in the Training Contract or as notified to the trainee by the relevant New South Wales Training Authority in an accredited and relevant traineeship.

 

6.2        A Traineeship shall not commence until the relevant training contract, has been signed by the employer and the trainee and lodged for registration with the Relevant New South Wales Training Authority.

 

6.3        The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Training Contract and shall ensure that the Trainee receives the appropriate on-the-job training.

 

6.4        The employer shall provide a level of supervision in accordance with the Training Contract during the traineeship period.

 

6.5        The employer agrees that the overall training program will be monitored by officers of the relevant New South Wales training authority and that training records or work books may be utilised as part of this monitoring process.

 

7.  Disputes Procedure

 

7.1        To ensure the orderly conduct of, and speedy resolution of disagreements, disputes or Occupational Health and Safety concerns, the following Resolution Procedure shall apply.

 

7.2        The object of the procedure is to promote the resolution of issues and disagreements through consultation, co-operation and discussion between employees and the company.

 

This procedure is based upon the recognition and development of the relationship between the Company and its employees.

 

7.3        Procedure Principles

 

The procedure is designed to resolve any disagreement, dispute or occupational health and safety concerns in a fair manner and is based upon the following principles:

 

(a)        Commitment by the parties to observe procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or concern which may give rise to a disagreement or dispute.

 

(b)        Throughout all stages of this procedure, all relevant facts shall be clearly identified and recorded where necessary.

 

(c)        Realistic time limits shall allow for the completion of the various stages of the discussions.

 

(d)        Emphasis shall be placed on an in-house settlement of issues bought about through consultation. However, if in-house consultation and negotiation is exhausted without resolution of the disagreement or dispute, the parties shall jointly or individually refer the matter to the Industrial Relations Commission for assistance in resolving the dispute.

 

7.4        Resolution Procedure

 

(a)        Stage One

 

The employee and/or employees nominated representative with the issue or concern will discuss the matter with the employee’s immediate supervisor.

 

The supervisor will set aside time to hear the issue of concern in a private discussion with the employee, the employee’s representative and/or a third party observer, and after consideration (3 working days maximum) provide a comprehensive answer to the employee. The issue or concern and the answer provided by the supervisor shall be recorded.

 

(b)        Stage Two

 

In the event of the employee not being satisfied with the answer provided, he/she will advise their supervisor who will arrange a meeting with the Manager (same procedure as Stage One paragraph two). All relevant facts shall be clearly recorded.

 

(c)        Stage Three

 

In the even that the matter is still not being resolved it will be referred to the Company Directors or their representative who will convene a meeting with all the people previously involved in the matter to reconsider the issue or concern and the answers given thus far. All relevant facts shall be clearly recorded.

 

The same procedure as set out in Stage one and Stage two will be adopted with all relevant facts being clearly recorded.

 

(d)        Stage Four

 

If no negotiated settlement can be achieved and the process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Industrial Relations Commission for assistance in resolving the dispute. At any meeting convened by the commission, the parties will use their best endeavours to resolve the matter by conciliation.

 

8.  Termination of Employment

 

8.1        Except for misconduct which justifies summary dismissal, the service of an employee shall be terminated only by the period of notice specified in the table below:

 

Period of continuous service	Period of notice
1 year or less	1 week
Over 1 year and up to the completion of 3 years	2 weeks
Over 3 years and up to the completion of 5 years	3 weeks
Over 5 years	4 weeks

 

8.2        No employee shall, without the consent of the employer, resign from his/her employment without having given the required notice from the above table. Should an employee resign without giving such notice, they will forfeit salary to a maximum amount equal to the ordinary time rate for the period of notice.

 

8.3        Termination of employment will also be in accordance with the Apprenticeship and Traineeship Act 2001.

 

9.  Rates of Pay

 

The rates of pay are provided in Table 1 of Part B.

 

10.  Payment of Wages

 

10.1      Wages shall be paid weekly by electronic funds transfer into an account of  a financial institution nominated by the employee on commencement of employment.

 

10.2      On termination, an employee shall be paid all monies due. Such monies shall be paid during the employee’s working hours on the day of termination, or posted by pre-paid registered post to the employee on the next working day; provided that an employee may elect to return to collect any monies outstanding to the employee on the next working day.

 

11.  Provision of Tools

 

On commencement of employment the employer will procure for each Trainee the tools necessary to enable the Trainee to perform the full duties of a scaffolder. Such tools will become the property of the employee. The employer will provide an interest free loan to enable the Trainee to pay for the purchase of the required tools. The employee will repay this loan by regular weekly deductions being made from the employees pay, of an amount agreed upon between the employee and the employer.

On termination of employment any amount outstanding on the loan will be deducted from the Trainee’s termination payments.

 

12.  First Aid Allowance

 

An employee who is a qualified first aid person and is appointed by the employer to carry out first aid in addition to their normal duties shall be paid an additional rate of $10.35 per week.

 

13.  Fares and Travelling Allowances

 

13.1      The following fares and travelling time allowances shall be paid to an employee working within the prescribed radii of the central post office of the nearest regional/provincial centre, or other than 13.3.3 below, accommodation arranged by the employer.

 

Trainee in 1st year of traineeship:	$5.75 per day
Trainee in 2nd year of traineeship:	$7.60 per day

 

13.2      The allowance shall only be payable if the employee is starting and finishing work on the construction site at the usual starting and finishing times.

 

13.3      Provided that payment shall not be made:

 

13.3.1               For any day which the employee is absent from work for any reason;

 

13.3.2               For any day the employer provides or offers to provide transport from where the employee is living to the construction site and return (including transport from accommodation provided by the employer in accordance with clause 21 - Living away from home - distant construction sites, when such accommodation is not situated at the job site);

 

13.3.3               Where an employer provides or offers to provide accommodation which is located at the construction site.

 

13.3.4               For any day employees are required to commence or cease work at the employer’s workshop, yard or depot other than on a construction site.

 

13.4      Where an employee travels each day to a construction site outside the prescribed radial area referred to in 13.1 the employee shall be paid at the ordinary "on-site" rate calculated to the next quarter of an hour, with a minimum payment as for on half hour for each return journey for any time outside ordinary working hours reasonably spent in travelling each day from the designated kilometre radius in addition to the allowance prescribed in 13.1 plus any expenses necessarily and reasonable incurred in so travelling outside such radius. Provided that where the employee uses their own vehicle such expenses shall be reimbursed at the rate of 40 cents per kilometre travelled outside such radius (except in the circumstances provided for in 13.5).

 

13.5      Employees transferred from one job site to another during ordinary working hours shall be paid for time occupied in travelling, and unless transported by the employer, shall be reimbursed the reasonable cost of fares by the most convenient public transport between such job sites. Provided that where the employer requests an employee to use their own vehicle to effect such as transfer, and the employee agrees to do so, the employee shall be paid an allowance of 75 cents per km.

 

14.  Accommodation

 

Where the employer requires the trainee to live away from his normal residence for the purpose of carrying out his duties the employer will provide accommodation to a standard applicable to other employees engaged on On-site construction work.

 

15.  Special Rates

 

The following special rates shall be paid to employees in addition to wages as required.

 

15.1      Special Rates not cumulative

 

Where more than one of the following disabilities exist on the same job, the employer shall be bound to pay only one rate, namely this highest rate so prevailing, other than cold places, confined spaces, dirty work, height money, hot places, or wet places for which the rates are cumulative.

 

15.2      These rates shall not be subject to any premium or any penalty additions

 

15.3      Cold Work

 

An employee who works in a place where the temperature is lowered by artificial means to less than 0ºc shall be paid 48 cents per hour.

 

15.4      Confined Spaces

 

Where an employee is required to work in a confined space where the dimensions necessitate working in a cramped position or without sufficient ventilation to be paid 59 cents per hour.

 

15.5      Dirty Work

 

An employee engaged on usually dirty work shall be paid 48 cents per hour.

 

15.6      Hot Work

 

An employee who works in a place where the temperature is raised by artificial means between 46º and 54ºc to be paid 48 cents, exceeding 54º per hour or part thereof.

 

15.7      Height Money

 

Employees engaged in the construction of buildings at a height of 15 meters or more directly above the nearest horizontal plane to be paid 48 cents per hour.

 

15.8      Wet Places

 

An employee working in any place where their clothing or boots become saturated shall be paid 48 cents per hour. Provided that this rate shall not be payable to an employee who is provided with suitable and effective protective clothing and footwear.

 

15.9      Explosive Powered Tools

 

Employees required to use explosive powered tools shall be paid $1.13 per day.

 

16.  Superannuation

 

The employer will continue to make contributions on behalf of its employees in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth), to a complying superannuation fund chosen by the employee. In the event that the employee does not nominate a complying superannuation fund into which contributions are to be paid on his behalf, such contributions will be paid into CBUS Superannuation. 

 

17.  Hours of Work

 

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

 

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

 

(b)        76 hours within a work cycle not exceeding fourteen consecutive days; or

 

(c)        114 hours within a work cycle not exceeding twenty one consecutive days; or

 

(d)        152 hours within a work cycle not exceeding twenty eight consecutive days.

 

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

 

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

 

17.4      Maximum Daily Hours

 

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

 

17.5      Spread of Hours

 

(a)        The ordinary hours of work shall be between 6.00am and 6.00pm at the discretion of the employer and, except for meal breaks, shall be worked continuously.

 

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

 

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

 

17.6      Implementation of 38-Hour Week

 

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

 

(i)         Fixed Weekly Hours System: By employees working 38 hours per week; and less than 8 ordinary hours each day; or

 

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

 

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

 

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

 

or

 

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

 

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

 

17.8      Notice of Rostered Day Off

 

Except as provided in subclause 16.10, in cases where, by virtue of the arrangement of his/her ordinary working hours, an employee, in accordance with subclause 16.6(ii)  is entitled to a day off during his/her work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday he/she is to take off.

 

17.9      RDO Not to Coincide with Public Holiday

 

Where an employee’s ordinary hours are arranged in accordance with subclause 16.6(ii), the weekday or part of the weekday taken off shall not coincide with a public holiday as prescribed in clause 18, Holidays and Sunday Work. Provided that where a public holiday is prescribed after an employee has been given notice of a weekday off, subclause 16.10 shall apply.

 

17.10    Substitution of RDO

 

(a)        An employer may substitute the day an employee is to take off, in accordance with subclause 16.6(ii) for another day and require the employee to work on that day off if such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project.

 

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

 

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

 

(d)        Any substitute day off, referred to in 16.10(a) or (b) of this subclause, must be taken either in the current work cycle or in the next succeeding work cycle.

 

(e)        Where any employee, in accordance with subclause 16.6(a)(ii) is entitled to a day off during his work cycle and that day off falls on a public holiday, as prescribed in clause 18, Holiday and Sunday Work, the next working day shall be substituted as the day off unless an alternate day in that work cycle or the next succeeding work cycle is adopted by agreement between the employer and the employee.

 

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

 

18.  Overtime

 

18.1      Payment for Working Overtime

 

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

 

(b)        Except as provided in 17.2, Rest Period after Overtime, of this clause, in computing overtime each day’s work shall stand alone.

 

18.2      Rest Period after Overtime

 

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

 

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

For the purpose of changing shift rosters; or

 

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

 

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

 

(c)        An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day, that he/she has not had at least the rest period off duty between those times shall, subject to 17.2, be released after completion of such overtime until he/she has had the rest period off duty without loss of pay for ordinary working time occurring during such absence.

 

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

 

18.3      Recall to Work

 

(a)        An employee recalled to work overtime after leaving his/her employer’s business premises (whether notified before or after leaving the premises) shall be paid for a minimum of 4 hours’ work or where the employee has been paid for standing by in accordance with 17.5, Standing By, of this clause, shall be paid for a minimum of 3 hours’ work at the appropriate rate for each time he/she is so recalled.

 

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

 

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

 

(d)        Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of  17.2, Rest Period After Overtime, of this clause when the actual time worked is less than 3 hours on such recall or on each of such recalls.

 

18.4      Saturday Work

 

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

 

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

 

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

 

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

 

18.6      Crib Time

 

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

 

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

 

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

 

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

 

18.8      Meal Allowance

 

(a)        An employee required to work overtime for more than one and a half hours, shall either be supplied with a meal by the employer or paid an amount of $10.20, for the first meal and for each subsequent meal.

 

(b)        An employee shall be entitled to be paid $10.20 for each meal after the completion of each four hours from the commencement of overtime.

 

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

 

18.10    Meal Breaks

 

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

 

19.  Holiday and Sunday Work

 

Holidays

 

19.1      Prescribed Holidays

 

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

 

19.2      Payment for Work on a Holiday

 

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

 

(b)        An employee required to work on a holiday shall be paid for a minimum of 4 hours’ work at double time and a half.

 

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

 

Without reasonable excuse; or

 

Without the consent of his/her employer; on the ordinary working day before or the ordinary working day after a holiday.

 

19.4      Sundays - Payment for Work on Sundays:

 

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

 

(b)        An employee required to work on a Sunday shall be paid for a minimum of 4 hour’s work at double time.

 

19.5      General

 

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

 

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

 

(b)        Meal Allowance - Holidays and Sundays:

 

An employee not engaged on continuous work, required to work for more than 4 hours on a holiday or a Sunday without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount of $10.20 for the meal taken during his/her first crib break and during each subsequent crib break. Provided that such payment need not be made to employees living in the same locality as their workshops who can reasonably return home for meals.

 

(c)        An employee who, pursuant to notice, has provided a meal or meals and is not required to work on a holiday or Sunday or is required to work for a lesser period of time than advised, shall be paid the rates prescribed in 18.5 (b) of this clause for meals which he/she has provided but which are surplus.

 

19.6      Holidays to be paid on Termination of Employment:

 

(a)        An employer who terminates the employment of an employee engaged on weekly employment on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, shall pay the employee his/her ordinary wages for each holiday in a group as prescribed in 18.8 (b), which falls within 10 consecutive days on and from the date that notice of termination is given.

 

(b)        For the purpose of this award, the following shall be the holidays in a group:

 

(i)         Christmas Day, Boxing Day, New Year’s Day and additional holidays gazetted in connection with those days.

 

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

 

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

 

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

 

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

 

(e)        An employee shall not be entitled to the payment referred to in 21.8(a) for the holidays prescribed by 21.8(b) where his/her employer dismisses him/her without notice for malingering, inefficiency, neglect of duty or misconduct.

 

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

 

20.  Reasonable Working Hours

 

Reasonable Overtime

 

(a)        Subject to paragraph (b) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours, which are unreasonable.

 

(c)        For the purposes of paragraph (b) what is unreasonable or otherwise will be determined having regard to:

 

(i)         Any risk to employee health and safety;

 

(ii)        The employee's personal circumstances including any family and carer responsibilities;

 

(iii)       The needs of the workplace or enterprise;

 

(iv)       The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(v)        Any other relevant matter.

 

21.  Annual Leave

 

See Annual Holidays Act (NSW)1944

 

22.  Annual Leave Loading

 

22.1      In this clause, the Annual Holidays Act (NSW)1944 is referred to as "the Act".

 

22.2      Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and the employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay the employee a loading determined in accordance with this clause.

 

22.3      The loading is payable in addition to the pay for the period of holiday accrued and taken under the Act and this award.

 

22.4      The loading is to be calculated in relation to any period of annual holiday to which the employee becomes entitled under the Act and this award, or, where such a holiday is given and taken in separate periods then in relation to each such separate period.

 

22.5      The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) of this clause, at the rate per week of 17½ per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday, together with the allowances, if any, payable under subclause (iii) of Clause 1 - Salaries.

 

22.6      No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause, applying the award rates and wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance.

 

22.7

 

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

 

(b)       Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

 

23.  Long Service Leave

 

See Long Service Leave Act (NSW) 1955.

 

24.  Sick Leave

 

24.1      Permanent employees shall, be entitled to ten (10) days sick leave during the first year and subsequent years of service on full pay.

 

24.2      The payment of sick leave shall be subject to the production of a medical certificate or other evidence satisfactory to the company (which may include a statutory declaration).

 

24.3      Employees shall inform their supervisor, where practical, within two (2) hours of the employee’s normal commencement time of such inability to attend for duty, and as far as practicable state the nature of the illness/injury and the estimated duration of absence.

 

24.4      Where the employee does not notify the company of their inability to attend for duty in accordance with this clause, the employee may not, at the discretion of the Company be entitled to payment for the first day of such absence.

 

25.  Bereavement Leave

 

25.1      An employee, other than a casual employee, shall be entitled to a maximum of three days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person in Australia as prescribed in subclause (iii) of this clause.

 

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

 

25.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carers leave as set out in subparagraph (2) of paragraph (c) of subclause (i) of Clause 7 - Personal Carer's Leave, provide that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

25.5      Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv) and (v) of the said Clause 7. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

26.  Personal Carers Leave

 

26.1      Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in below who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in Clause 21 - Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step-child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

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

 

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

 

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

 

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

 

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

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

26.2      Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (2) of paragraph (c) of subclause (i) who is ill.

 

26.3      Annual Leave

 

(a)        An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

26.4      Time Off in Lieu of Payment for Overtime

 

(a)        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.

 

(b)        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.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) 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.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with this award.

 

26.5      Make-Up Time

 

(a)        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.  Wage and Allowance Increases

 

Wages will be increased in accordance with adjustments to the National Training Wage 2000. Expense related allowances will be increased in accordance with the National Metal and Engineering On-Site Construction Industry Award 1989

 

28.  Area, Incidence and Duration

 

This award shall apply to employees of Hunter Valley Training Company, employed as Scaffolding Trainees, covered by this award and who are engaged in on-site construction work as defined by clause 4 - Coverage of this award.

 

This award shall take effect from the beginning of the first pay period to commence on or after 15 August 2005 and shall remain in force for a period of 3 years.

 

Part B

 

Table 1

 

	Highest Level of Schooling Achieved
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	196.00	235.00	284.00
Plus 1 year out of school	235.00	284.00	330.00
Plus 2 years	284.00	330.00	384.00
Plus 3 years	330.00	384.00	439.00
Plus 4 years	384.00	439.00
Plus 5 years	439.00
Adult trainees are to be paid $439.00

 

 

 

P. J. CONNOR, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.