ELECTRICIANS, &c. (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996.
(Nos. IRC 3954, 3955, 3958, 3963 and 3967 of 1999 and 1761 of 2000)
Before Commissioner
Patterson
|
19 April 2001
|
REVIEWED AWARD
PART A
ARRANGEMENT
Clause No. Subject Matter
1. Anti-Discrimination
2. Definitions
3. Deleted
4. Margins
5. No Extra
Claims
6. Travel
and Expenses
7. Tools
8. Wage
Rates
9. Payment
of Wages
10. Living
Away on Distant Work
11. Contract
of Employment
12. Redundancy
13. Prohibitions
14. Special
Rates
15. Multi‑Storey
Allowances
16. Distant
Places
17. Hours of
Work - Day Workers
18. Deleted
19. Overtime
20. Holiday
and Sunday Work
21. Shift Work
22. Sick Leave
23. Personal/Carer's
Leave
24. Annual
Leave
25. Other
Leave
26. Shop
Stewards
27. Notice
Board
28. Amenities
29. First‑aid
30. Superannuation
31. Miscellaneous
Provisions
32. Deleted
33. Working
Within Skills Competency and Training
34. Consultative
Mechanism
35. Electrical,
Electronic Industry Training Committees
36. Grievance
and Dispute Resolution Procedures
37. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 ¾ Wage Rates
Table 2 ¾ Additional Margins
Table 3 ¾ Apprentice Rates
Table 4 ¾ Expense Related Allowances
Table 5 ¾ Work Related Allowances
1.
Anti-Discrimination
1.1 It is the
intention of the parties bound by this award to seek to achieve the object of
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
1.2 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.
1.3 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 or unlawful discrimination or harassment.
1.4 Nothing in
this clause shall 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.
1.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
2. Definitions
The following definitions shall be applied to this award:
2.1 Classification
Definitions -
2.1.1 Electrical
Mechanic means a tradesman mainly engaged on electrical installation, repair
and maintenance work including the welding, fabrication and erection of
brackets and equipment associated with electrical installation work.
2.1.2 Electrical
Fitter means a fitter mainly engaged in making fitting, or repairing electrical
machines, instruments or appliances and who in the course of his/her work
applies electrical knowledge, including the welding, fabrication, and erection
of brackets and equipment associated with electrical installation work.
2.1.3 Electrical
Instrument Fitter means a tradesman, not necessarily an electrical fitter, who
is required to design, test and/or repair and maintain electrical and/or
electro‑pneumatic measuring and/or recording appliances and/or scientific
electrical instruments.
2.1.4 Electronics
Tradesman means an electrical tradesman who is engaged in applying his/her
knowledge and skills to the task of installing, repairing, maintaining,
servicing, modifying, commissioning, testing, fault finding and 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 tradesman is required to carry out his/her
tasks.
To be classified as an electronics tradesman, a
tradesman must have at least three years on‑the‑job experience as a
tradesman in electronic systems utilising integrated circuits and in addition
must have satisfactorily completed a post‑trades course in electronics
equivalent to at least two years' part‑time study.
In addition, to be classified as an electronics
tradesman, a tradesman 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.
2.1.5 Plant
Electrician means an electrical mechanic or electrical fitter who has
practically complete charge of the general maintenance, alteration and repair
work of an installation and carries out the orders of an employer having no
knowledge of the electrical trade and not carrying on any business in the trade
as a partner or otherwise or carries out the orders of an employer's engineer
or other officer who is not a practical electrician.
2.1.6 Radio Mechanic
or Fitter means an employee engaged on the making, repairing, and/or servicing
of television, radio and sound equipment which requires the application of
general trade experience gained through apprenticeship or equivalent training.
2.1.7 Refrigeration
and/or Air Conditioning Mechanic or Fitter means a tradesman who in the course
of his/her work applies electrical trade experience and is mainly engaged on
the installation, repair and maintenance work in connection with electrically
operated refrigeration and/or air conditioning units.
2.1.8 Battery Fitter
means an adult employee wholly engaged in the erection, overhauling or
repairing of storage batteries.
2.1.9 Electrician in
Charge of Generating Plant means an electrician who has complete charge of the
whole plant, including the prime mover and generator and is required to run the
plant and maintain and attend to the installation generally.
2.1.10 Linesman means
an employee engaged in preparing poles for electric wires, fixing wires or
cables on poles or over buildings or fixing wires to insulators or joining or
insulating such wires or performing any other work required in connection with
the running of overhead wires outside of buildings.
2.1.11 Linesman Special
Class means a linesman who has had three or more years' experience as a
linesman and is qualified and working under the Overhead Line Regulations 1955.
2.1.12 Linesman's
Assistant means an employee assisting a linesman but who shall not work within
1.8 metres of any live conductor and who shall not ascend ladders or climb
poles carrying live conductors.
2.1.13 Tradesman's
Assistant means an employee engaged in assisting a tradesman, provided that
such assistance shall not include the carrying out of work usually regarded as
that of a tradesman.
2.1.14 Leading Hand
means any electrical worker (not being a foreman) who is placed in charge of
work on which 4 or more employees or 2 or more electrical mechanics or fitters
or linesmen, in addition to himself, are engaged. Any worker who receives orders from an officer, and is placed in
charge as herein set out in the absence of such officer, shall be deemed to be
a leading hand whilst so placed in charge of the work carrying out such orders.
2.1.15 Tradesman means
a person who has served the requisite apprenticeship or holds a Certificate of
recognition as a tradesman issued by an Australian apprenticeship authority or
a Tradesman's Certificate issued by the Local Electrical Trades Committee
constituted under the Tradesman's Rights
Regulations Act 1946‑1966.
2.2 Other
Definitions -
2.2.1 Ship Repairs
mean -
(a) All repair
work done on ships.
(b) All work other
than the making of spare parts and stores done in a workshop used for ship
repairs only.
(c) Work done in a
workshop used for both ship repairing, general engineering, metal moulding,
steel construction, and other heavy metal fabrications on which employees are
engaged both on the ship and in the workshop.
2.2.2 Confined Space
means a compartment or space or place the dimensions of which necessitate an
employee working in a stooped or otherwise cramped position or without proper
ventilation and includes such a space -
(a) In the case of
a ship - inside complete tanks, chain lockers and peaks, in bilges, under
engine beds, under engine room and stokehold floors, or under or inside
boilers.
(b) In the case of
a locomotive - inside the barrels or boilers, fire boxes, water spaces of
tenders, side tanks, bunker tanks, saddle tanks, or smoke boxes.
(c) In other cases
- inside boilers, steam drums, mud drums, fire boxes of vertical or road
vehicle boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks,
superheaters, or economizers.
2.2.3 Union means the
Electrical Trades Union of Australia, New South Wales Branch.
2.2.4 Sunday means
all time between midnight Saturday and midnight Sunday.
2.2.5 Distant Work is
that in respect of which the distance or the travelling facilities to and from
such place of work make it reasonably necessary that the employee should live
and sleep at some place other than his/her usual place of residence at the time
of commencing such work.
3. Deleted
4. Margins
4.1 Additional
Margins - The additional margins as set out in the items specified in Table 2 -
Additional Margins, of Part B, Monetary Rates, shall be paid for all purposes
of the award:
4.1.1 Electrical
Mechanic's Licence - additional margin to be paid to an employee employed and
working as a tradesperson and possessing the New South Wales Electrical
Mechanic's Licence as follows:
Qualified Supervisor Certificate (Electrician) - Item 1
of the said Table 2
Certificate of Registration (Electrician) - Item 2 of
Table 2
An employee who possesses the New South Wales
Electrical Licence, (Qualified Supervisor Certificate), shall be paid per week
the amount set out in Item 3 of Table 2 to reimburse for the expense of
renewing the above licence. This amount
is not to be paid for all purposes of the award. This allowance shall cease to be payable in the event that the
Building Services Corporation removes the licence renewal fee.
4.1.2 Leading Hand as
defined, additional margin - Item 4 of Table 2
4.1.3 Construction
Work
4.1.3.1 Additional
margin to be paid to employees on construction work in connection with the
erection, maintenance, renovation or demolition of buildings or structures -
Item 5 of Table 2
4.1.3.2 The
additional margin is in consideration of conditions peculiar to construction
work which are:
4.1.3.2.1 Working
in the open and thereby being subject to climatic conditions, i.e. from dust
blowing in the wind, brick dust, drippings from concrete, etc;
4.1.3.2.2 Sloppy
conditions;
4.1.3.2.3 Lack
of usual amenities associated with factory work, e.g. meal rooms, change rooms,
locker, &c.,
4.1.3.3 This
additional margin shall not apply to ship work or to employees on maintenance
work in mixed industries.
4.1.4 Special
Allowance -
4.1.4.1 Additional
margin to be paid to employees on construction work in connection with the
erection, repair, maintenance, renovation or demolition of buildings or
structures - Item 6 of Table 2
4.1.4.2 This
additional margin shall not apply to ship work or to employees on maintenance
work in mixed industries.
4.1.5 Ship Repair
Work
4.1.5.1 Additional
margins to be paid to employees engaged on ship repairs:
Tradesperson - Item 7 of Table 2
All other labour - Item 7 of Table 2
4.1.6 Power House
Work
4.1.6.1 Tradespersons
and their assistants employed in large operating power house (i.e. power house
developing more than 8,000 kilowatts) other than those not on the regular staff
employed on new construction work shall be paid as set out in Item 8 of Table
2. Such amount shall be deemed to
include all special rates prescribed in clause 14, Special Rates. This allowance shall continue to be payable
to tradesperson attached to the staffs of such power houses whilst carrying out
repairs or maintenance in rotary convertor and/or static substations which are
in regular operation.
4.1.7 Electrical
tradespersons employed at Australian Gypsum Ltd., Camellia, shall be paid as
set out in Item 9 of Table 2 in addition to the rates prescribed in the said
Table 1.
4.1.8 Supplementary
Payments - The supplementary payments prescribed in Table 1 shall be paid to
all employees other than employees engaged on construction work.
Such supplementary payments shall, to the extent of its
amount, be in substitution for any over-award payment as defined hereunder
which would otherwise have been paid and any such overaward payment shall be
reduced by that amount.
"Overaward Payment" is defined as the amount
(whether it be termed "over-award payment", "attendance
bonus", "service increment" or any term whatsoever) which an
employee performing weekly ordinary hours of work would receive in excess of
the employee's weekly wage rate as defined by subclause (i), Weekly Wage Rate,
of Clause 8, Wage Rates.
The supplementary payment shall be paid for all
purposes of the award.
NOTATION:
Increased by order of Industrial Commission of New
South Wales pursuant to section 14 of the Industrial
Relations Act 1996, employers party to this award apply the indexation
increase to an employee's actual rate of pay as defined hereunder.
"Actual Rate of Pay" in respect of this
award, is defined as the total amount an employee would normally receive for
performing 38 hours of ordinary work.
Provided that such rate shall expressly exclude overtime, penalty rates,
disability allowances, shift allowances, special rates, fares and travelling
and any other ancillary payments of a like nature. Provided further that this definition shall not include
production bonuses and other methods of payment by result which by virtue of
their basis of calculation already produce the result intended hereby.
4.2 Apprentice
Rates -
4.2.1 Indentured
Apprentices - As set out in Table 3 - Apprentice Rates, of Part B, Monetary Rates.
4.2.1.1 In
addition to the above rates, apprentices engaged on construction work in
connection with the erection, repair, repair, maintenance, renovation or
demolition of buildings or structures shall be paid an allowance per week as
set out in Item 10 of Table 2 ($18.05 per week). This allowance is in consideration of conditions peculiar to
construction work which are:
working in the open and thereby being subjected to
climatic conditions, i.e., from dust blowing in the wind, brick dust, drippings
from concrete, &c;
sloppy conditions;
lack of usual amenities associated with factory work
eg., meal rooms, change rooms, lockers, &c.;
Provided that this allowance shall not apply to ship
work or to employees on maintenance work in mixed industries.
4.2.1.2 Apprentices
engaged on ship repairs shall be paid an additional margin per week as set out
in Item 11 of Table 2.
Provided that where an apprentice is for a period of
half a day or longer, away from his/her place of employment for the purpose of
receiving tuition, the amount prescribed herein shall be decreased
proportionately.
4.2.1.3 In
addition to the above rates, apprentices on construction work in connection
with the erection, repair, maintenance, renovation or demolition of buildings
or structures shall be paid an allowance as set out in Item 12 of Table 2
4.2.1.4 The
total rate of wages for apprentices in this award shall be calculated to the
nearest 5 cents, any broken part of 5 cents in the result not exceeding half of
5 cents shall be disregarded.
4.2.2 Trainee
Apprentices - As set out in the said Table 3.
4.2.2.1 In
addition to the above rates, apprentices engaged on construction work in
connection with the erection, repair, maintenance, renovation or demolition of
buildings or structures shall be paid an allowance per week as set out in Item
13 of Table 2. This allowance is in
consideration of conditions peculiar to construction work which are
working in the open and thereby being subjected to
climatic conditions, i.e., from dust blowing in the wind, brick dust, drippings
from concrete, etc.;
sloppy conditions;
lack of usual amenities associated with factory work,
e.g., meal rooms, change rooms, lockers, etc.
Provided that this allowance shall not apply to ship
work or to employees on maintenance work in mixed industries.
4.2.2.2 Apprentices
engaged on ship repairs shall be paid an additional margin per week as set out
in Item 14 of Table 2
Provided that where an apprentice is for a period of
half a day or longer, away from his/her place of employment for the purpose of
receiving tuition, the amount prescribed herein shall be decreased
proportionately.
4.2.2.3 The
total rate of wages for apprentices in this award shall be calculated to the
nearest 5 cents, any broken part of 5 cents in the result not exceeding half of
5 cents shall be disregarded.
4.2.2.4 In
addition to the above rates, apprentices on construction work in connection
with the erection, repair, maintenance, renovation or demolition of buildings
or structures shall be paid an allowance set out in Item 15 of Table 2
5. No Extra Claims
It is a term of this award (arising from the decision of the
Industrial Commission of New South Wales in the State Wage Case of 24 May 1991)
that the union undertakes, for the duration of the principles determined by
that decision, not to pursue any extra claims, award or overaward, except when
consistent with those principles.
6. Travel and
Expenses
6.1 General
Conditions -
6.1.1 Commencing on
Job - An employee required to work at a job away from his/her workshop or depot
shall, at the direction of his/her employer, present himself/herself for work
at such job at the usual time of starting work.
6.1.2 Location of
Workshop or Depot - Upon the commencement of this award or the commencement of
a contract of employment, the employer shall notify the employee of the
location of the employee's workshop or depot and such location shall be
recorded in the employee's wages record and/or service record; provided that if
it becomes necessary for the location of the workshop or depot to be changed,
the employer shall give the employee not less that 14 days notice of such
change.
6.1.3 Transportation
- The employer shall provide or arrange transport where reasonable and
necessary for travelling as follows:
6.1.3.1 between
jobs, and
6.1.3.2 between
the employee's workshop or depot and jobs.
6.2 Travel -
6.2.1 Travelling Time
- For the purpose of this clause, all time reasonably spent in travelling shall
be travelling time.
6.2.2 In computing
reasonable travelling time and for the purpose of Excess Travelling Time, the
following shall apply:
6.2.2.1 Where
the employee uses public transport on his/her journey, travelling time shall
include all time reasonably spent:
(1) In waiting
between public transport connections; and
(2) Between
disembarking from public transport and the time of starting work; and
(3) Between
finishing work and embarking on public transport.
6.2.2.2 Where
the employee is required to walk on his/her journey, walking time shall be at
the rate of 12 minutes per kilometre.
6.2.2.3 Where
the employee uses a motor vehicle, other than public transport on his/her
journey, travelling time shall be calculated as follows:
(1) Where the
journey or portion of the journey is within:
48 kilometre radius of the General Post Office,
Sydney;
or 32 kilometre radius of the General Post Office,
Newcastle; or
The boundaries of the Port Kembla-Wollongong District
(see NSW Industrial Gazette, volume 52, Page 783);
At the rate of two minutes for each kilometre of the
journey.
(2) Where the
journey or portion of the journey is outside the area prescribed above, at the
rate of 1.25 minutes for each kilometre of the journey.
6.2.3 Excess
Travelling Time - For the purpose of this clause, excess travelling time is all
time reasonably spent by an employee in travelling to or from a job away from
his/her workshop or depot in excess of time usually spent by the employee in
travelling to or from his/her home and his/her workshop or depot.
6.2.4 Excess
Travelling Time Payment - An employee shall be paid for excess travelling time
at ordinary time rate except on a holiday or Sunday when payment shall be at
the rate of time and a half.
6.2.5 Travelling Time
Payment - To or From Distant Work - An employee travelling to or from distant
work shall be paid for all time occupied in such travel at ordinary time rates
up to a maximum of 12 hours out of every 24 hours, or, where a sleeping berth
is provided, a maximum of 8 hours out of every 24 hours.
6.3 Fares and
Expenses -
6.3.1 Fares and
Expenses - The employer shall pay for all fares and/or expenses reasonably
incurred by an employee in excess of those usually incurred by the employee in
travelling between his/her home and his/her workshop or depot. Such fares and expenses shall include fares
and/or expenses incurred in travelling between the workshop or depot and a job
and in a travelling between jobs.
6.3.2 Fares and
Expenses - Distant Work - The employer shall pay for any fares and/or expenses incurred
in conveying an employee and the employee's tools and such personal belongings
reasonably required for his/her personal use to and from distant work. Such expenses shall include cost of meals
partaken and insurance of personal belongings whilst in transit.
6.3.3 Motor Vehicle
Allowance - An employer shall pay to an employee a motor vehicle allowance per
kilometre as set out in Item 1 of Table 4 of Part B ($0.59) as compensation for
expenses where the employee, by agreement with his/her employer, uses his/her
own motor vehicle in the following cases:
6.3.3.1 For
the distance of his/her journey which is in excess of the distance of the
journey between the employee's home and his/her workshop or depot where the
employee starts or finishes work at a job away from his/her workshop or depot;
or
6.3.3.2 For
the distance of his/her journey where the employee is recalled to work overtime
after leaving his/her employer's business; or
6.3.3.3 For
the distance of his/her journey in travelling between his/her workshop or depot
and a job or between jobs; or
6.3.3.4 For
the distance of his/her journey in travelling to or from distance work.
6.4 Travel and
Expenses - Construction and Shipping Work -
6.4.1 Scope - This
section shall apply to employees covered by this award who are engaged in shipping work or on
construction work in connection with the erection, repair, maintenance,
renovation or demolition of buildings or structures, who are required to start
and finish work on the job away from the employer's workshop or depot and to
employees hired on a construction site for work on that site.
6.4.2 Average Excess
Travelling Time - Construction &c. Work -
6.4.2.1 In
lieu of the provisions of 6.2.3, Excess Travelling Time and 6.2.4 Excess
Travelling Time Payment, an employee to whom this section applies shall be paid
0.8 hour's pay per day, calculated as prescribed by clause 8, Wage Rates. Such payment shall be made as compensation
for average excess travelling time to and from a place of work.
6.4.2.2 The average
excess travelling payment prescribed in 6.4.2.1 shall be paid in accordance
with one of the following payment systems:
(1) Weekly Payment
System - Where a weekly payment system applies to an employee his/her average
excess travelling time rate shall be 0.8 hour's pay per day: or
(2) Average
Payment System.
(i) So as to
avoid fluctuating average excess travelling time payments each week, an
employee may be paid according to a weekly average of the daily average excess
travelling time rate prescribed by this subsection. Such weekly average excess travelling time rate shall be
calculated by multiplying the daily average excess travelling time rate by the
number of ordinary days of work in his/her work cycle and then dividing by the
number of weeks in his/her work cycle.
(ii) Formula and
Example:
Weekly Average Excess Travelling Time Rate.
= Daily average
excess travelling time x Ordinary days of work per work cycle divided by weeks
per work cycle
= 0.8 hours x 19
days ÷ 4
= 3.8 hours
weekly average excess travelling time.
(iii) In such case,
where an employee is absent for the whole of a day, the employee shall lose
average excess travelling time rate for that day calculated by dividing his/her
weekly average excess travelling time rate by five.
6.4.2.3 Provided
that, where an employee's average daily time of journeys to and from the
employee's residence and a place of employment exceeds 3 hours per day, the
employee shall be paid 0.8 hour's pay per day, and, in addition, shall be paid
at ordinary time rate (except on a Sunday or a holiday when the rate shall be
time and a half) for the average daily journey time which exceeds 3 hours per
day.
6.4.2.4 Provided
further that this subsection shall not inhibit the provisions of definition
(v), Distant Work of Section II, Other Definitions of clause 2, Definitions of
the Electricians &c. (State) Award
published 7 August 1992 (270 I.G. 950).
6.4.3 Average Excess
Fares - Construction Work &c.
6.4.3.1 In
lieu of the provisions of subsection 6.3.1 Fares and Expenses and 6.3.3.1 of
6.3.3, Motor Vehicle Allowance employees to whom this subclause applies shall
be paid an allowance per day as set out in Item 2 of Table 4 of Part B as
compensation for average excess fares to and from places of work.
6.4.3.2 The
average excess fares payment prescribed in 6.4.3.1 shall be paid in accordance
with one of the following payment systems:
(1) Weekly Payment
System. Where a weekly payment system
applies to an employee his/her average excess fares shall be paid at an
allowance as set out in Item 2 of Table 4 of Part B; or
(2) Average
Payment System
(i) So as to
avoid fluctuating average excess fares payments each week, an employee may be
paid according to a weekly average of the daily average excess fare rate prescribed
by this subsection. Such weekly average
fares rate shall be calculated by multiplying the daily average excess fares
rate by the number of ordinary days of work in his/her work cycle and then
dividing by the number of weeks in his/her work cycle.
(ii) Formula and
Example
As set out in Item 3 of Table 4 of Part B ($44.65).
(iii) In such case,
where an employee is absent for the whole of a day, the employee shall lose
average excess fares rate for that day calculated by dividing his/her weekly
average excess fares rate by five.
6.4.4 The allowance
prescribed by this subclause 6.4.3 shall not be payable if the employer
provides or offers to provide transport from the employee's home to the job and
return, free of charge to the employee.
The employee's home for this purpose shall include a place where an
employee camps or where he/she is temporarily living.
6.4.5 Provided that
where an employee is engaged on distant work and resides on the site of the job
he/she shall not be entitled to the allowance prescribed inn this subsection.
6.4.6 Workshop - For
the purposes of this section "workshop" shall mean a company head
office, branch office and any established workshop except that which may be
located on the job.
6.5 Government
Works and Camps -
6.5.1 Scope - This
section shall apply to the following:
6.5.1.1 Government
Works - An employee engaged on work in connection with the construction and/or
maintenance of water supply and sewerage works, bridges or water conservation
and irrigation works, harbour and reclamation works carried out by Government
Authorities, or
6.5.1.2 Camps
- An employee who is required to camp either by direction of the employer or
because no reasonable transport facilities are available to him/her to proceed
to and from his/her home each day.
6.5.2 Travelling Time
and Fares - In lieu of the provisions of 6.2.3 - Excess Travelling Time, and
6.2.4 - Excess Travelling Time Payment, and 6.3.1 - Fares and Expenses, and all
of 6.4 - Travel and Expenses - Construction and Shipping Work, of this clause,
employees to whom this section applies shall be paid the rates and allowed the
conditions in respect of travelling time and fares prescribed by the General
Construction and Maintenance, Civil and Mechanical Engineering, &c. (State)
Award published on 15 August 1984 (234 IG 1248) or by any award replacing the
said award.
7. Tools
7.1 Provision of
Tools - Employers shall continue to provide such tools of trade as were
customarily provided at the time of the making of this award.
7.2 Power Tools,
&c. -An employer shall provide for the use of tradesmen and apprentices all
power tools, special purpose tools, precision measuring instruments and
electrical measuring and/or testing instruments where the use of such equipment
is reasonable and necessary.
7.3 Tool Allowance
-
7.3.1 For tools not
customarily provided by the employer at the date of commencement of this award
but which are ordinarily required by tradesmen and apprentices for the
performance of their duties and are supplied by an employee, an allowance as
set out in Item 16 of Table 2 shall be paid subject to the employee maintaining
an adequate kit of tools.
7.3.2 Such allowance
shall be paid for all purposes of the award.
NOTE: A
consideration for the granting of the above allowance is that the obligation
for insuring an employee's tools against theft shall not rest upon the
employer.
7.4 Carrying
Tools, &c. - An employee shall not be required to carry tools and/or
materials exceeding 20 kilograms in weight to or from the job.
7.5 Storing
Employees' Tools - At each workshop or depot and at each job site an employer
shall provide suitable free storage accommodation for employees' tools. An employer shall ensure that such tool
storage accommodation is as secure as practicable against unauthorized entry
outside working hours.
7.6 Damage to
Tools - Compensation to the extent of the damage sustained shall be made where,
in the course of the work, tools are damaged or destroyed by fire, or molten
metal or through the use of corrosive substances; provided that the employer's
liability shall be limited to such tools of trade as are ordinarily required
for the performance of the employee's duties.
8. Wage Rates
Wage rates shall be calculated as prescribed by this clause.
8.1 Weekly Wage
Rate - The ordinary weekly wage rate of any employee to whom this award applies
shall be calculated by adding the amounts prescribed by:
(a) Table 1 of
Part B, Monetary Rates;
(b) The tool
allowance prescribed by subclause 7.3 Tool Allowance of clause 7, Tools; and
(c) the casual
hire rate prescribed by clause 11, Contract of Employment, where such casual
hire rate is applicable.
(d) Any margins
applicable as per Clause 4, Margins
8.2 Hourly Wage
Rate - The ordinary hourly wage rate of any employee to whom this award applies
shall be calculated by dividing the weekly wage rate, prescribed by subclause
8.1, Weekly Wage Rate of this clause, by the weekly ordinary hours per week
prescribed by subclause 17.1 Weekly Ordinary Hours per week of clause 17, Hours
of Work - Day Workers, although more or less than the average weekly ordinary
hours may be worked by the employee in any particular week of his/her work
cycle.
The ordinary hourly wage rate shall be calculated to the
nearest cent other than when the calculation comes to the exact half cent and
in such case the ordinary hourly wage rate shall be calculated to that half
cent.
8.3 All Purpose
Rate - The ordinary hourly wage rate calculated in accordance with subclause
8.2, Hourly Wage Rate, of this clause shall be applied for all purposes of the
award including the calculation of overtime and other penalty rates.
8.4 Tradesman's
Work - Notwithstanding anything elsewhere contained in this award any employee
engaged on tradesmen's work shall be paid the appropriate tradesman's wage rate
whilst so engaged.
8.5 Mixed
Functions - an employee engaged for more than 2 hours during one day or shift
on duties carrying a higher rate than his/her ordinary classification shall be
paid the higher rate for such day or shift; if so engaged for 2 hours or less
during one day or shift he/she shall be paid the higher rate for the time so
worked.
8.6 Extra Rates
Not Cumulative - Extra Rates in this award except rates prescribed in clauses
14, Special Rates; 15, Multi‑storey Allowance; 16, Distant Places and the
rate of payment prescribed by subclause 20.1.2 Payment of Work on a Holiday of
clause 20, Holidays and Sunday Work for work on a holiday are not cumulative so
as to exceed the maximum of double the ordinary rates.
9. Payment of Wages
9.1 General ¾ The
following shall have application to all sections of this clause.
9.1.1 Weekly Payments
- Subject to any custom existing at the time of making this award, wages,
allowances and expenses shall be paid weekly.
9.1.2 Pay Period -
The pay period for the payment of wages, allowances and expenses shall end at
the usual time of ceasing work not more than two clear ordinary working days
prior to the commencement of pay day.
9.1.3 Pay Day ¾
(a) Upon
commencement of this award or the commencement of a contract of employment the
employer shall notify the employee of the day of the week upon which the
employee is to be paid his/her wages, allowances and expenses and such day
shall be recorded in the employee's wages and/or service record as pay day.
(b) Pay day may be
altered as to all or a section of employees in an employer's establishment upon
the employer giving the employees affected and the union 14 days' notice of
such alteration; provided that this paragraph shall not apply to subsection
(iv), Pay Day Falling on a Holiday, of this section.
9.1.4 Pay Day Falling
on a Holiday - Where pay day falls on a holiday and subject to the other
provisions of this clause, an employee shall be paid whatever wages, allowances
and other expenses are due to him on the working day before the holiday. In such cases the substituted day shall be
deemed to be pay day for the week in question.
Provided that an employer and the union may agree on any variation to
this subclause to apply to the employer's establishment.
9.1.5 Pay Day Falling
on a Leisure Day - Where pay day falls on a leisure day (as prescribed by
paragraph (c) of subclause (vi) Systems of Ordinary Hours of Work of clause 17,
Hours of Work, Day Workers, of this award) or on a day which is substituted for
an employee's leisure day (in accordance with the provisions of subclause (ix)
Substitution of Leisure Day of the said clause 17), an employee shall be paid
whatever wages, allowances and other expenses are due to him/her on the working
day before the leisure day. In such
cases the substituted day shall be deemed to be pay for the week in question.
Provided that in any project, undertaking or establishment either:
(a) an employer
and the majority of employees, or
(b) where a
rostered leisure day method (as prescribed by paragraph (b), Average Weekly
Hours Systems of subclause (vi) Systems of Ordinary Hours of Work of the said
clause 17), applies an employer and an employee may agree on any variation to
the operation of this subclause.
9.1.6 Payments to be
Made ¾
(a) Wages due for
time worked during a pay period shall be paid on the first pay day occurring
after the end of that pay period.
(b) Allowances due
and expenses incurred during a pay period shall be paid on the first pay day
occurring after the end of the pay period in which such allowances or expenses
are claimed.
(c) An employer
and the union may agree on any variation to this subclause to apply to the
employer's establishment.
9.1.7 Payment on
Termination of Employment - Upon termination of the employment wages,
allowances and expenses due to an employee shall be paid to him/her on the day
of such termination or forwarded to him/her by post on the next working day.
9.1.8 Waiting for
Payment -
(a) An employee
kept waiting for his/her wages on pay day for more than 15 minutes after the
usual time of ceasing work shall be paid overtime rates after that 15 minutes
with a minimum of 15 minutes.
(b) If wages are
not paid on pay day, except where the default has not been caused by the
employer, a penalty of payment of 2 hours at ordinary rates shall be incurred
and shall be paid together with the normal pay by mid‑day on the next
working day after pay day.
9.1.9 Statement of
Wages Due - On or prior to pay day the employer shall state to each employee,
in writing, the amount of wages, allowances and expenses to which he/she is
entitled, the amount of deduction made therefrom and the net amount being paid
to him.
9.2 Payments
Systems ¾
The payment system to be applied to an employee shall be determined in
accordance with one of the following provisions:
9.2.1 Weekly Payment
System - Where an employee works a fixed weekly hours system of work as
prescribed by paragraph 17.6.1 Fixed Weekly Hours System of subclause 17.6
Systems of Ordinary Hours of Work of the said clause 17, Hours of Work - Day
Workers, the employee's payment system shall be for the actual ordinary hours
worked.
9.2.2 Average Payment
System - Where an employee works an average weekly hours system of work as
prescribed by subclause 17.6.2 Average Weekly Hours Systems of subclause 17.6
Systems of Ordinary Hours of Work of the said clause 17, Hours of Work - Day
Workers, the employee's payment system shall be either:
(a) for the actual
ordinary hours worked, or
(b) so as to avoid
fluctuating wage payments each week, an employee may be paid according to a
weekly average of the ordinary hours in a work cycle, although more or less
than the average weekly ordinary hours may be worked by the employee in any particular
week of his/her work cycle. Provided
that the average payment system to be used is determined by agreement between
an employer and the majority of employees in any project, undertaking, or
establishment.
9.2.3 Alternative
Payment Systems - Where the employer and the majority of employees in a
project, undertaking or establishment agree, an alternative payment system to
those prescribed by this subclause may be introduced.
9.2.4 Absences -
Average Payment Systems - Where an employee is paid in accordance with
paragraph (b) of subsection 9.2.2, Average Payment System of this section the
following shall apply when the employee is absent during ordinary hours of work
other than for annual leave, long service leave, paid sick leave, bereavement
leave or on worker's compensation leave.
(a) Where the
employee is absent for the whole of a day, the employee shall lose average pay
for that day calculated by dividing the employee's average weekly wage payment
by 4.75 (i.e. the average number of days of work per week in a work cycle).
(b) Where during a
pay period the employee is absent from ordinary hours of work for a total time
which exceeds the weekly ordinary hours of work prescribed by subclause (i)
Weekly Ordinary Hours of the said clause 18, (i.e. 38 hours) the employee shall
lose only the employee's average weekly wage payment for that pay period.
Provided that any adjustments to the employee's pay
which may be necessary in respect of that pay period arising from the
application of this paragraph shall be made by equal amounts during the
subsequent pay periods in the work cycle which commences from the beginning of
that pay period.
(c) Where the
employee is absent for part of a day, the employee shall lose average pay for
each hour the employee is absent calculated by dividing his/her average pay for
that day by 7.6 (i.e. the average number of daily ordinary hours in an ordinary
work cycle).
9.2.5 Commencement of
Employment - Average Payment System - An employee to whom an average payment
system is to apply and who commences employment during a work cycle applying
the project, undertaking establishment in which he/she is to work shall be paid
wages due for hours actually worked until the beginning of the first work cycle
which is to apply to him. Thereafter
he/she shall be paid in accordance with the average payment system.
9.2.6 Termination of
Employment - Average Payment Systems - An employee to whom an average payment
system applies and whose employment is terminated during a work cycle applying
in the project, undertaking or establishment in which he/she is working shall
be paid wages due for hours actually worked during the cycle adjusted against
wages paid for that portion of the cycle worked by him.
10. Living Away on
Distant Work
10.1 Board and
Lodging - Living Away Allowance - On distant work the employer shall, subject
to the provisions of 10.4 of this clause provide reasonable board and lodging
or pay a living away allowance per week as set out in Item 5 of Table 4 of Part
B of this award, but such allowance shall not be wages. In the case of broken parts of a week
occurring at the beginning or end of a period of distant work the allowance
shall be all living expenses, actually and reasonably incurred but not
exceeding the said amount.
10.2 Standard of
Board and Lodging - Reasonable board and lodging for the purpose of this Clause
shall mean lodging in a well-kept establishment with adequate furnishing, good
bedding, good floor coverings, good lighting and heating in either a single room
or a twin room if a single room is not available, with hot and cold running
water.
10.3 Regular Return
Home -
10.3.1 Except as
hereinafter provided an employee on distant work shall, where practicable, be
allowed to return home for the weekend at least once a month. Where the employee so returns home, all
reasonable travelling expenses incurred shall be reimbursed by the employer
provided that the employee presented himself/herself for work at the site at
the normal starting time on the next working day.
10.3.2 The travelling
expenses prescribed by this subclause shall not be payable to an employee
receiving the living away allowance prescribed by 10.1, of this Clause.
10.4 Camps -
10.4.1 Scope - Where an
employer is engaged in projects:
10.4.1.1 Which
are located in areas where reasonable board and lodging as defined in subclause
10.2 of this clause is not available; or
10.4.1.2 Where
the size of the work force is in excess of the available accommodation; or
10.4.1.3 Where
there are continuous concrete pour requirements; or
10.4.1.4 Where
the working of shifts necessitates camp accommodation;
His/her employees shall be provided with camp
facilities constructed and maintained in accordance with the requirements of
10.4.2 of this subclause.
10.4.2 Camp Facilities
-
10.4.2.1 Such
an employer shall provide accommodation in single rooms, or twin rooms where
single rooms are not available, fitted with suitable sleeping accommodation
including mattress, pillow and blankets.
Each room shall be of not less than 14 cubic metres per person, and
shall have a timber floor with floor covering provided. Each room shall be fitted with a door and
movable window of reasonable dimensions and shall be furnished with a table or
suitable substitute therefor, a seat or seats and wardrobe for each
person. The windows shall be fitted
with gauze screens. Each room shall be
ceiled and lined. Good artificial lighting shall be provided in each room. Where reasonably required, provision shall
be made for the heating of rooms.
Provision shall be made in the camp for suitable washing facilities
including hot and cold showers.
Suitable provision shall be made for washing of clothes. Toilets shall be adequate and sewered where
possible, situated within reasonable distance from the living quarters, access
to which shall be by properly lighted paths.
Provisions shall be made for the effluent from the kitchen, laundry and
showers to be carried away in closed pipes and dispersed in such a way as to
avoid any risk to health.
10.4.2.2 In
such a camp messing shall be made available by the employer with provision for
a choice of meals.
10.4.2.3 An
employee who is accommodated as prescribed by subparagraph 10.4.2.1 of this
paragraph shall not be eligible for the payment of the allowance prescribed by
subclause 10.1 of this clause.
10.4.3 Camping
Allowance
10.4.3.1 Employees
who are required to camp in accordance with the provisions of paragraph 10.4.1
of this clause, shall be paid a camping allowance as set out in Item 6 of Table
4 of Part B per day for each day that the employee finds it necessary to remain
in camp:
10.4.3.2 Provided
that an employee shall not be entitled to the allowance as prescribed in
subparagraph 10.4.3.1 for any working day on which he/she is absent from duty
except in cases of sickness or for any reason beyond his/her own control.
10.4.3.3 Provided
further that, if an employer elects to provide full board and suitable camp
lodging, the allowance prescribed herein shall not be payable.
10.5 Accommodation Disputes
- Any dispute concerning the standard of accommodation or camp facilities
prescribed by this Clause shall be notified to the employer within one month.
10.6 Distant Work
Defined - For the purpose of this award, distant work is that in respect of which
the distance or the travelling facilities to and from such place of work make
it reasonably necessary that the employee should live and sleep at some place
other than his/her usual place of residence at the time of commencing such
work.
11. Contract of
Employment
11.1 Weekly
Employment -
11.1.1 Weekly
Employment - Except as provided in Section II - Casual Employment of this
clause employment shall be by the week.
Any employee not specifically engaged as a casual employee shall be
deemed to be employed by the week.
11.1.2 Termination of
Employment -
(a) Employment
shall be terminated by a week's notice on either side given at any time during
the week or by the payment or forfeiture of a week's wage as the case may be,
except where the circumstances of termination of employment fall within the
provisions of clause 12, Redundancy, of this award.
(b) Where the
employee has given or been given notice as aforesaid he/she shall continue in
his/her employment until the date of the expiration of such notice. An employee who having given or been given
notice as aforesaid and without reasonable cause (proof of which shall lie on
him) absents himself from work during such period shall be deemed to have
abandoned his/her employment and shall not be entitled to payment for work done
by him within that period.
(c) Provided that
where an employer has given notice as aforesaid, an employee on request shall
be granted leave of absence without pay for one day in order to look for
alternative employment.
(d) Notwithstanding
the provisions of paragraph (a) of this subclause the employer shall have the
right to dismiss any employee without notice for malingering, inefficiency,
neglect of duty or misconduct and in such cases the wages shall be paid up to
the time of dismissal only.
11.2 Part-time
Employment -
11.2.1 An employee may
be engaged on a part time basis. A
part-time employee shall mean a weekly employee engaged to work regular days
and regular hours, either of which are less than the number of days or hours
worked by a full time employee.
11.2.2 A part-time
employee is entitled to a minimum start per occasion of four continuous hours
11.2.3 A part-time
employee will be paid ordinary rates for all work inside of their normal
working hours as defined in their employment contract. Those normal working hours must not exceed
38 per week. All hours outside of the
normal working hours are to be paid at overtime rates.
11.2.4 No employee to
whom this award applies shall be transferred by his/her employer to part-time
employment or terminated with a view to re-employment as a part-time employee
without the consent of the employee.
11.2.5 Part-time
employees shall in respect of ordinary hours of employment be paid at the rate
per hour of one thirty eighth of the prescribed weekly rate for the appropriate
classification.
11.2.6 Subject to this
clause, all the provisions of this award shall apply to a part-time employee on
a pro rata basis.
Section II - Casual Employment ¾
(i) Casual
Employment - A casual employee is one engaged and paid as such.
(ii) Duration of
Casual Employment - Except by mutual agreement between the employer and the
employee a casual employee shall, after 2 weeks' employment, be deemed to be a
weekly employee whose terms of employment shall forthwith be as prescribed by
Section I - Weekly Employment, of this clause.
(iii) Casual
Employment Additional Rate - A casual employee shall be paid 12 per centum of
the weekly rate prescribed by clause 8, Wages Rates (except for paragraph (c)
of subclause (i), Weekly Wage Rate of the said clause) in addition to the
weekly wage rate prescribed by this award for the work which he performs. The casual employment additional rate shall
be paid for all purposes of the award.
(iv) Minimum
Payment - A casual employee who is requested to report for work shall be paid a
minimum of 4 hours' pay.
11.4 General ¾
11.4.1 Scope - This
section shall have application to weekly and casual employees.
11.4.2 Absence from
Duty - An employee (other than an employee who has given or received notice in
accordance with this clause) not attending for duty shall except as provided by
clauses 22, Sick Leave, 23, Personal/Carer's Leave, 24, Annual Leave and 25,
Other Leave, lose his/her pay for the actual time of such non‑attendance.
11.4.3 Standing Down of
Employees - The employer shall have the right to deduct payment for any day the
employee cannot be usefully employed because of any strike or through any
breakdown in machinery or any stoppages of work by any cause for which the
employer cannot reasonably be held responsible.
11.4.4 Abandonment of
Employment ¾
(a) The absence of
an employee from work for a continuous period exceeding 3 working days without
the consent of the employer and without notification to the employer shall be
prima facie evidence that the employee has abandoned his/her employment.
(b) Provided that
if within a period of 14 days from his/her last attendance at work or the date
of his/her absence in respect of which notification has been given or consent
has been granted an employee has not established to the satisfaction of his/her
employer that he/she was absent for reasonable cause he/she shall be deemed to
have abandoned his/her employment.
(c) Termination of
employment by abandonment in accordance with this sub‑clause shall
operate as from the date of the last attendance at work or the last day's
absence in respect of which consent was granted, or the date of the last
absence in respect of which notification was given to the employer, whichever
is the later.
11.4.5 (1) Notwithstanding anything expressed or
implied in this award or in Industrial Agreement No. 6493 and notwithstanding
any term in the contract of employment of any employee, Australian Oil Refining
Pty. Limited shall have the right to stand down for any period and shall be
exempted from liability to pay any employee employed by the company hereunder,
for any such period during which the employee, reasonably, cannot be given work
by reason of:
(a) any strike, or
any ban, limitation or restriction upon the performance of any work at the
Kurnell refineries of the companies; or
(b) the shutdown
of the Kurnell refineries of the aforesaid companies or any part thereof on or
after 26 August 1982.
(2) Notwithstanding
any provision of this award or in Industrial Agreement No. 6493 the standing
down pursuant to this subclause of any employee shall be treated as not having
broken the continuity of employment of that employee and the period or periods
of stand-down shall not be considered a period of absence from duty for the
purpose of any provision of any award or any industrial agreement providing for
or in relation to annual leave or long service leave.
(3) Notwithstanding
any other provision of any award or any industrial agreement any employee stood
down pursuant to the provisions of paragraph (1) above shall be entitled to
terminate his/her employment by giving one day’s notice of such termination or
by forfeiting one day’s pay, and any such employee whose employment is
terminated by his/her giving one day’s notice of such termination shall be
regraded as having had his/her employment terminated by the company without
default of the employee.
(4) For the
purpose of these stand-down provisions "period" shall mean a part of
a day, a day or more than a day as the case may be.
(5) Notwithstanding
any other provision of any award or any industrial agreement:
(a) An employee
who is required to attend for work on any day and who, pursuant to an award or
an industrial agreement binding upon him, works on that day shall be paid
his/her ordinary pay for the time worked or for four hours whichever be the
greater; provided that if he/she works for not less than 75 per cent of the
ordinary hours for the day, he/she shall be paid his/her ordinary pay for a
full day; and
(b) an employee
who is required to attend for work on any day and who attends and who, pursuant
to these stand-down provisions, is not required to work shall be paid for that
day his/her ordinary pay for two hours plus the sum of $1.00.
(6) These
stand-down provisions shall not affect the right of the company to dismiss any
employee without notice for malingering, inefficiency, neglect of duty or
misconduct and in such cases the wages shall be paid up to the time of
dismissal only. These stand-down provisions shall not affect the right of the
company not to pay an employee who is not ready, willing and able to perform
the service for which he/she has contracted in accordance with the lawful and
reasonable directions of the company.
(7) An employee
who, pursuant to these provisions is not required to work for any period shall
be deemed to have worked for the period for all purposes related to leave of
any kind whether prescribed by any Act or award or industrial agreement or
other wise or related to entitlement to any holiday, prescribed by any award or
industrial agreement, provided that an employee who by this clause is deemed to
have worked on a public holiday shall be paid at ordinary time for such day or
days.
(8) An employee
shall not be a part-time employee or a casual employee merely by reason of not
being required to work for any period pursuant to these provisions.
(9) An employee to
whom the company proposes to apply these stand-down provisions may elect to
take any period of an annual holiday in lieu of being stood down. Provided that
this clause shall be read and construed subject to the provisions of the Annual
Holidays Act 1944 to the intent that any provision of this clause inconsistent
with any provision of that Act shall be deemed to be of no force and effect.
(10) Where the usual
pay day of an employee to whom these stand-down provisions are applied occurs
during any period when the employee is stood down the employer may postpone
that pay day of such employee to the next day on which the employee works,
unless the employee, while so stood down, elects to attend on the relevant
usual pay day the place where he/she is usually paid.
(11) The company
shall daily make and preserve and keep a true and accurate record of the name
of each employee to whom the company applies these stand-down provisions and of
the days and times when the employee was, because of the said application of
those provisions, not required to work, and shall make such record available
for inspection by the secretary of the industrial union concerned at an time
that is reasonable in the circumstances.
(12) Leave is
reserved to the company and to an industrial union of employees whose member or
members, being an employee or employees of the company, is or are affected by
the provisions f this clause, to apply at any time in respect of the provisions
of this clause.
12. Redundancy
12.1 Application -
12.1.1 This award shall
apply in respect of full time and part‑time persons employed in the
classifications specified by clause 4, Margins.
12.1.2 In respect to
employers who employ 15 employees or more immediately prior to the termination
of employment of employees, see subclause 12.4, Termination of Employment of
this clause.
12.1.3 Notwithstanding
anything contained elsewhere in this award, this award shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
12.1.4 Notwithstanding
anything contained elsewhere in this award, this award shall not apply where employment
is terminated as a consequence of conduct that justifies instant dismissal,
including malingering, inefficiency or neglect of duty, or in the case of
casual employees, apprentices or employees engaged for a specific period of
time or for a specified task or tasks or where employment is terminated due to
the ordinary and customary turnover of labour.
12.2 Introduction of
Change -
12.2.1 Employers duty to notify -
(1) Where an
employer has made a definite decision to introduce changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(2) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employers workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or location and the
restructuring of jobs.
Provided that where the award specified in clause
12.3.1 makes provision for alteration of any of the matters referred to herein,
an alteration shall be deemed not to have significant effect.
12.2.2 Employer's duty
to discuss change
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a) above,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in paragraph (a) of this
clause.
(3) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees.
Provided that any employer shall not be required to disclose confidential
information, the disclosure of which would adversely affect the employer.
12.3 Redundancy -
12.3.1 Discussions
before terminations -
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to sub-paragraph (1) of
paragraph 12.2.1 subclause 12.2 above, and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (1) of
this subclause and shall cover, inter alia, any reasons for the proposed
termination and measures to mitigate any adverse effects of any termination of
the employees concerned.
(3) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out. Provided that any employer shall
not be required to disclose confidential information, the disclosure of which
would adversely affect the employer.
12.4 Termination of
Employment -
12.4.1 Notice for
Changes in Production, Programme, Organisation or Structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from "production", "programme", "organisation"
or "structure" in accordance with clause 4(i)(a) of this award.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of continuous service
|
Period of notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week's notice.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
12.4.2 Notice for
Technological Change - This subclause sets out the notice to be applied to
terminations by the employer for reasons arising from "technology" in
accordance with subclause 12.2.1 (1) of this award:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(2) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955, the
Annual Holidays Act 1944, or any Act amending or replacing either of these
Acts.
12.4.3 Time off during
the notice period -
(1) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
12.4.4 Employee leaving
during the notice period - If the employment of an employee is terminated
(other than for misconduct) before the notice period expires, the employee
shall be entitled to the same benefits and payments under this clause had the
employee remained with the employer until the expiry of such notice. Provided that
in such circumstances the employee shall not be entitled to payment in lieu of
notice.
12.4.5 Statement of
employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
12.4.6 Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify the Centrelink thereof as soon as possible giving
relevant information including the number of categories of the employees likely
to be affected and the period over which the terminations are intended to be
carried out.
12.4.7 Centrelink
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by
Centrelink
12.4.8 Transfer to
lower paid duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph 12.2.1 of subclause 12.2 above, the employee shall
be entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee's employment has been terminated, and the
employer may at the employer's option make payment in lieu thereof of an amount
equal to the difference between the former ordinary time rate of pay and the
new ordinary time rates for the number of weeks of notice still owing.
12.5 Severance Pay -
12.5.1 Where an
employee is to be terminated pursuant to subclause 12.4 of this clause, subject
to further order of the Industrial Relations Commission, the employer shall pay
the employee the following severance pay in respect of a continuous period of
service:
(1) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service Entitlement
|
Under 45 Years of Age
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(2) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
|
45 Years of Age and Over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(3) "Weeks
pay" means the all purpose rate for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with
Clauses 1, Basic Wage; 4, Margins; 7, Tools, 8, Wage Rates, and 21, Shift Work
of this Award.
12.5.2 Incapacity to
pay - Subject to an application by the employer and further order of the Industrial
Relations Commission, an employer may pay a lesser amount (or no amount) of
severance pay than that contained in subclause 12.1 above.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in subclause 12.1
above will have on the employer.
12.5.3 Alternative
Employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in subclause 12.1 above if the employer obtains acceptable
alternative employment for an employee.
13. Prohibitions
13.1 Improvers
Prohibited - No improvers shall be employed in any of the occupations covered
by this award for which an apprenticeship is provided.
13.2 Piecework
Prohibited - Piecework and/or contracts for labour only or substantially for
labour only are prohibited. Such
prohibition, however, shall not apply to labour only or substantially labour
only contracts where the contractor employs journeymen in accordance with the
terms of this award in carrying out the contracts.
13.3 Payment by
Results Prohibited - Any system of payment by results in the electrical contracting
industry is prohibited: Provided that an employer and the union may agree on
any variation to this subclause to apply to the employer's establishment.
14. Special Rates
In addition to the wage rates calculated as prescribed by
clause 8, Wage Rates, the following disability rates and allowances and
additional rates and allowances shall be paid:
14.1 Section I -
Disability Rates -
14.1.1 Dirty Work -
Where conditions are unusually offensive or unhealthy or more injurious to
clothing than the ordinary workshop conditions, a dirty work allowance, as set
out in Item 1 of Table 5, of Part B, Monetary Rates shall be paid.
14.1.1.1 Such
conditions (without limiting the definition) may be found in holds, stokeholds,
engine rooms, about boilers, forecastles, galleys and other rooms, and on or
about mast head lights of ships that have been in commission.
14.1.1.2 Unless
it can be shown that the conditions appertaining to any particular job done in
connection with such works are no dirtier than the ordinary workshop conditions
then the following shall be considered dirty work:
14.1.1.2.1 Work
done at the following places: Wool scouring works, tanneries, boiling down
works, sugar works, galvanizing works, lead works, paint works, smelting works,
converting cyaniding and all dry crushing and/or grinding plants, sanitary
works, fertilizer works, chemical works, abattoirs, knackeries, slaughter
yards, cement works, mines and/or at pit tops.
14.1.1.2.2 Work
done on or in the following: The space between the ceiling and roof of a
building that has been occupied.
The space between the ceiling and the floor above of a
building that has been occupied.
The space between the earth and the floor above of any
building.
14.1.1.2.3 The
following work: Operating a power tool to cut or groove (i.e. chase) brickwork,
plaster, rockwork, concrete and other masonry work.
On repairs to electrically driven vehicles that have
been in use.
On repairs to smoke boxes, fire boxes, uptake funnel,
flue, furnace or combustion Chamber of a locomotive, marine or type of boiler.
On repairs in oil tanks or meat digestors.
On repairs to incinerators and/or incinerating devices
which have been in use.
14.1.1.3 For
ship repair work which a foreman and workman shall agree is of an unusually
dirty or offensive nature the dirty work allowance, as set out in Item 2 of the
said Table 5 shall be paid.
14.1.2 Confined Spaces
- An employee working in a confined space (as defined in clause 2, Definitions)
shall be paid a confined space allowance as set out in Item 3, Table 5.
14.1.3 Insulating
Material - Temperature, Sound, &c. - An employee handling silicate of
cotton, slag wool, rock wool or glass fibre wool for the purpose of insulation
or who it is agreed between the employer and the employee is working in the
immediate vicinity so as to be affected by the use thereof shall be paid an
insulation material allowance as set out in Item 4 of the said Table 5. Such allowance shall be paid for the
remainder of the day or shift after the time that it first becomes payable.
14.1.4 High Places ¾
14.1.4.1 An
employee working on a building or structure of a height of 15 metres or more
directly above a substantial level surface shall be paid a height allowance as
set out in Item 5 of the said Table 5 and an additional amount as set out in
Item 5 of the said Table 5 for each further 15 metres increase in the height at
which he/she is working.
14.1.4.2 An
employee working on any building or structure in a bosun's chair or swinging
scaffold at a height up to 15 metres directly above a substantial level surface
shall be paid a height allowance as set out in Item 5 of the said Table 4 and
an additional amount as set out in item 5 of the said Table 4 for each further
15 metres increase in the height at which he/she is working.
14.1.5 Wet Places
14.1.5.1 An
employee working in any place where his/her clothing or footwear becomes
appreciably wet shall be paid a wet places allowance as set out in Item 6 of
the said Table 5 ($0.38 per hour).
14.1.5.2 Provided
that the wet places allowances shall not be payable where the employer provides
the employee with suitable protective clothing and footwear.
14.1.5.3 Provided
further that any employee who becomes entitled to the wet places allowance
shall be paid such allowance for such part of the day or shift he/she is
required to work in wet clothing or footwear.
14.1.6 Hot Places -
14.1.6.1 An
employee working for more than one hour in the shade in places where the
temperature is raised to between 46 degrees Celsius and 54 degrees Celsius
shall be paid a hot places allowance as set out in Item 7 of the said Table
5. In places where the temperature
exceeds 54 degrees Celsius the hot places allowance shall be as set out in Item
7 of Table 5. Where work continues for
more than 2 hours in temperatures exceeding 54 degrees Celsius the employee
shall be entitled to 20 minutes rest after every 2 hours' work without
deduction of pay.
14.1.6.2 The
temperature shall be decided by the foreperson the work after consultation with
the employee who claims the hot places allowance.
14.1.7 Cold Places - An
employee working for more than one hour in places where the temperature is
reduced by artificial means below 0 degrees Celsius shall be paid a cold places
allowance as set out in Item 8 of Table 5.
Where work continues for more than 2 hours in temperatures below 0
degrees Celsius the employee shall be entitled to a rest period of 20 minutes
after every 2 hours' work without deduction of pay.
14.1.8 Explosive
Powered Tools - An employee required to use explosive powered tools shall be
paid an hourly explosive powered tools allowance of 1/8 of the daily rate with
a minimum payment as set out in Item 9 of Table 5.
14.1.9 Toxic Substances
-
14.1.9.1 An
employee required to use toxic substances shall be informed by the employer of
the health hazards involved and instructed in the correct and necessary
safeguards which must be observed in the use of such materials.
14.1.9.2 Employees
using such materials will be provided with and shall use all safeguards as are
required by the appropriate Government authority.
14.1.9.3 Employees
using toxic substances or materials of a like nature, where such substances or
materials are used in quantities of 0.5 kg or over, shall be paid the amount as
set out in Item 10 of Table 5.
Employees working in close proximity to employees so
engaged so as to be affected by the use of such substances or materials shall
be paid the amount as set out in Item 10 of Table 5.
14.1.9.4 For
the purpose of this subclause toxic substances shall include epoxy based
materials and all materials which include or require the addition of a catalyst
hardener and reactive additives or two pack catalyst system shall be deemed to
be materials of a like nature.
14.1.10 Underground
Work -
14.1.10.1 An
employee required to work underground shall be paid an underground allowance as
set out in Item 11 of Table 5.
14.1.10.2 Where
a shaft is to be sunk to a depth greater than 6 metres the payment of the
underground allowance shall commence from the surface.
14.1.10.3 This
allowance shall not be payable to employees engaged upon "pot and
drive" work at a depth of 3.5 metres or less.
14.1.10.4 The
underground allowance prescribed in subparagraph (14.1.10.1) of this subclause
shall be paid for all purposes of the award.
14.1.10.5 In
lieu of the underground allowance prescribed by subparagraph (14.1.10.1) of
this subclause an employee required to work underground for no more than 4 days
or shifts in an ordinary week shall be paid an underground allowance as set out
in Item 11 of Table 5.
14.1.10.6 The
allowance prescribed by this subclause shall be paid in addition to all
applicable margins prescribed by clause 4, Margins, and any other amount
prescribed elsewhere in this award.
14.1.11 Submarine
Work - Employees required to work in a submarine which has been in commission
shall:
14.1.11.1 If
required to work inside the hull including the fin and external casing but
excepting the compartments referred to in paragraph (b) of this subclause, be
paid the amount as set out in Item 12
of Table 5.
14.1.11.2 If
required to work in any of the following compartments, be paid the amount as
set out in Item 12 of Table 5
14.1.11.2.1 Torpedo
tube compartment
14.1.11.2.2 Ballast
Tanks
14.1.11.2.3 Oil
Tanks
14.1.11.2.4 Below
the main floor plates in main machinery, auxiliary machinery, asdic and battery
compartments.
14.1.11.3 Provided
that where an employee is required to work inside "D", "O"
and "R" tanks removing or installing gauges, switches and related
circuitry or in an extended position in the space above batteries in the
battery compartment, the rate payable under this subclause shall be paid the
amount as set out in Item 12 of Table 5 in respect of time so worked.
14.1.12 Asbestos
Eradication -
14.1.12.1 Application
- This subclause shall apply to employees carrying out electrical work in
conjunction with any process of asbestos eradication as defined.
14.1.12.2 Definition
- Asbestos eradication is defined as work on or about buildings, involving the
removal or any other method of neutralisation of any materials which consist
of, or contain asbestos.
14.1.12.3 Control
- Where an employee is required to carry out electrical work in conjunction
with any process of asbestos eradication, then such work shall be conducted in
accordance with the New South Wales ‑
Occupational Health and Safety Act 1983,
Occupational Health and Safety (Asbestos Dust)
Regulation 1984, and
Construction Safety Act 1912 Regulation
concerning construction work involving asbestos and asbestos cement.
14.1.12.4 An
employee, to whom this subclause applies, shall be paid the amount as set out
in Item 13 of Table 5 which shall be in lieu of special rates prescribed by
this section with the exception of subparagraph (14.1.4) High Places, (14.1.6)
Hot Places and (14.1.7) Cold Places of this section.
14.2 Section II -
Additional Rates - Australian Glass Manufacturers Company, Pilkington - A.C.I.
Operations Pty. Ltd., Crown Corning Limited, are exempt from subclause 14.1,
Disability Rates of this clause, provided that they pay their Electrical
Mechanics, Electrical Fitters and Electrical Instrument Fitters, an additional
amount as set out in Item 14 of the said Table 4 and their electrical
tradesmen's assistants an additional amount as set out in Item 14 of the said
Table 4 in addition to the margins provided in clause 4, Margins.
These additional amounts are to cover all special rates
and to compensate for additional skill and varying responsibilities.
14.2.1 Australian Iron
and Steel Limited, John Lysaght (Australia) Limited and Broken Hill Proprietary
Co. Ltd. Construction Sites.
14.2.1.1 Employees
of contractors bound by this award engaged on construction work at the
construction sites of Australian Iron and Steel Ltd at Port Kembla, John
Lysaght (Australia) Ltd at Unanderra and the Broken Hill Proprietary Co. Ltd.
at Newcastle shall be paid a construction allowance as set out in Item 15 of
the said Table 5. The payment shall be made in compensation for the particular
disabilities experienced at these sites.
14.2.1.2 An
employee in receipt of the construction allowance prescribed by subclause
14.2.1.1 shall not be entitled to any of the special rates prescribed by this
clause or of clause 6, Multi‑Storey Allowances, of this award.
14.2.1.3 The
construction allowance prescribed by subclause 14.2.1.1 shall be paid for all
purposes of the award.
14.2.2 Corrective
Establishment - An employee who is required to work in the maximum security
sections of the corrective establishments shall be paid an allowance as set out
in Item 16 of the said Table 5 for each hour so engaged. Such allowance shall be paid in addition to
other special rates applicable to the employee under the terms of this award.
14.2.3 Construction Sites
Generally -
14.2.3.1 This
subclause shall apply to an employee working on a site on construction work in
connection with the erection, repair, maintenance, renovation or demolition of
buildings or structures, and
14.2.3.2 A
member or members of either the Industrial Commission of New South Wales by
award or order prescribes a site allowance for conditions pertaining generally
on that site to apply to employees of contractors and/or subcontractors who are
employed under the terms of awards other than the Electricians', &c.
(State) Award, then
14.2.3.3 The
site allowance so prescribed under subclause 14.2.3.2 shall be deemed to be an
allowance prescribed under this award and an employee to whom this award
applies shall be paid the site allowance so prescribed.
Provided that any question arising for this subclause
may be referred to the Electricians &c., (State) Industrial Committee for
determination.
14.3 Section III -
General -
14.3.1 Limits to
Accumulation - Where more than one of the rates and allowances prescribed by
subclause 14.1, Disability Rates, provides payment for disability of
substantially the same nature then only he/she highest of such rates shall be
payable.
14.3.2 Rates not
Subject to Penalty Addition - Except where otherwise specified, the extra rates
herein prescribed shall be paid irrespective of the time at which the work is
performed and shall not be subject to any premium or penalty additions.
14.3.3 Disputed Claims
- In the case of a disagreement between the foreperson and an employee about
the entitlement to any of the disability rates and allowances prescribed by
subclause 14.1, Disability Rates, of this clause, the employee shall be
entitled within 24 hours to ask for a decision on his/her claim by his/her
employer, industrial officer, manager, superintendent or engineer. In such a case a decision shall be given on
the employee's claim within 48 hours of its being made (unless the time expires
on a non‑working day, in which case it shall be given on the next working
day) or else the special rate, allowance or conditions shall be paid or
granted. In any case where the union is
dissatisfied with the decision of the employer, industrial officer, manager,
superintendent or engineer it shall have the right to bring such case before
the Industrial Committee.
15. Multi‑Storey
Allowances
15.1 Definitions -
The following definitions shall be applied to this clause:
15.1.1 "Multi‑Storey
Building" means a building which, when complete, consists of 5 or more
storey levels.
15.1.2 "Storey
Level" means structurally completed floor, walls, pillars or columns, and
ceiling (not being false ceilings) of a building and shall include basement
levels and mezzanine or similar levels (but excluding "half floors"
such as toilet blocks or store rooms located between floors).
15.1.3 "Floor
Level" means that stage of construction which, in the completed building
would constitute the walking surface of the particular floor level referred to
in subclause 15.4, Scale of Allowances.
15.2 Eligibility -
An employee shall be paid a multi‑storey allowance, in accordance with
the provisions of this clause, to compensate for the disabilities experienced
in, and which are peculiar to, work on multi‑storey buildings where the
employee carries out electrical work either;
15.2.1 During a multi‑storey
building's original construction; or
15.2.2 where a multi‑storey
building is being renovated by alteration to the building (except alteration to
demountable partitions); and
15.2.2.1 Electrical
work is carried out as part of the building's renovation work;
15.2.2.2 Electrical
work is carried out in conjunction with the work of other building trades who
are renovating the building;
15.2.2.3 the
renovation work extends to more than 2 storey levels; and
15.2.2.4 at
least part of the renovation work to be carried out is above the 4th storey
level.
15.2.3 The rate for
electrical work in the renovation of a multi‑storey building shall be
determined by reference to the scale of payment as prescribed by subclause
(15.4) of this clause, appropriate for the highest floor level affected by such
work.
15.3 Commencing
Point of Measurement - The commencing point of measurement shall be the lowest
main floor level (including basement floor levels but excluding lift wells and shafts)
of the building.
15.4 Scale of
Allowances -
15.4.1 The allowance to
be paid to an employee engaged on the construction of a multi‑storey
building shall be as set out in Item 17 of Table 5, Work Related Allowances, of
Part B, Monetary Rates.
15.4.2 An allowance in
accordance with subclause 15.4.3 shall be paid to all employees on the building
site. The second and subsequent
allowance scales shall, where applicable, commence to apply to all employees
where one of the following components of the building - structural steel,
reinforcing steel, boxing or walls, rises above the storey level first
designated in each such allowance scale.
15.4.3 Payment shall be
as set out in Item 17 of the said Table 5.
15.4.4 Completion Point
of Allowance - The allowance payable at the highest point of the building shall
continue until completion of the building.
16. Distant Places
16.1 Central Section
- All employees working in districts west and north of and excluding Newell
Highway No. 39 from Tocumwal to Gilgandra, the Oxley Highway No. 34 from
Gilgandra to Tamworth, Trunk Road No. 95 to Yetman and the Bruxner Highway No.
44 to Boggabilla up to the Western Division Boundary and excluding the
municipalities through which the road passes, shall be paid an allowance as set
out in Item 18 of the said Table 5.
16.2 Western
Division - All employees working in the western division of the State shall be
paid an allowance as set out in Item 18 of the said Table 5.
16.3 Snowy Mountains
Section - All employees working within the area bounded by and inclusive of the
Snowy River from the New South Wales border to Dalgety thence by road directly
from Dalgety to Berridale and on to the Snowy Mountains Highway at Adaminaby,
thence to Blowering, thence by a line drawn from Blowering south east to
Welaregang and on to the Murray River, thence in a south easterly direction
along the New South Wales border to the point of commencement, shall be paid an
allowance as set out in Item 18 of the said Table 5.
16.4 Application of
Rates - The above rates shall not form part of the ordinary rates of pay for
the purpose of the calculation of overtime.
17. Hours of Work -
Day Workers
17.1 Weekly Ordinary
Hours - The weekly ordinary hours of work shall be 38 hours per week or an
average of 38 hours per week, such average hours per week being calculated over
an employee's work cycle.
17.2 Work Cycles -
The weekly ordinary hours of work shall be arranged in accordance with one of
the following work cycles:
38 hours within a work cycle not exceeding 7
consecutive calendar days; or
76 hours within a work cycle not exceeding 14
consecutive calendar days; or
114 hours within a work cycle not exceeding 21
consecutive calendar days; or
152 hours within a work cycle not exceeding 28
consecutive calendar days.
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 Daily Ordinary
Hours - The daily ordinary hours of work shall not exceed 8 hours. 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.
17.4 Days of Work -
The ordinary hours of work may be worked on any days or all of the days of the
week, Monday to Friday inclusive.
17.5 Spread of Hours
¾
17.5.1 The spread of
daily ordinary hours of work shall be between 6.00 a.m. and 6.00 p.m. at the
discretion of the employer and, except for meal breaks, shall be worked
continuously.
17.5.2 The spread of
daily ordinary hours of work prescribed by this subclause may be altered:
(1) as to all or a
section of employees by mutual agreement between an employer and the union, or
(2) by mutual
agreement between an employer and his/her employees to permit a 6.00 a.m.
starting time during summer months.
17.5.3 Australasian
Conference Association Ltd - For the purpose of the Australasian Conference
Association Ltd at Cooranbong and at Lewisham, the spread of hours for day
workers shall be so as to permit the 38 hours to be worked within the following
hours:
Monday to Thursday - 7.00 a.m. to 5.00 p.m. with a 45
minute meal break.
Friday - 7.00 a.m. to 1.00 p.m.
17.6 Systems of
Ordinary Hours of Work - The ordinary hours of work may be arranged in
accordance with any one of the following systems:
17.6.1 Fixed Weekly
Hours Systems - By employees working 38 hours each week:
(1) but less than
8 ordinary hours each day (regular daily hours method), or
(2) but less than
8 ordinary hours on one or more days each week (irregular daily hours method).
17.6.2 Average Weekly
Hours Systems - By employees working an average of 38 hours per week over a
work cycle:
(1) and by fixing
one week day as a leisure day on which all employees will be off duty during a
particular work cycle (fixed leisure day method), or
(2) any by
rostering employees off work on various days of the week during a particular
work cycle so that each employee has one leisure day during that cycle (rostered
leisure day method).
17.6.3 "Leisure
Day" for the purpose of this award is the weekday, not being a holiday,
that an employee has off duty when working in accordance with an average weekly
hours system.
17.7 Notice of
Leisure Day - Subject to the provisions of subclause 17.9 Substitution of
Leisure Day of this clause, an employee who is entitled to a leisure day during
that employee's work cycle shall be advised by the employer of the date of the
employee's leisure day at least 4 weeks in advance of it.
17.8 Leisure Day
Falling on a Holiday - Where an employee who is entitled to a leisure day (in
accordance with this clause) and such leisure day falls on a holiday prescribed
by clause 20, Holiday and Sunday Work of this award, such leisure day shall be substituted
for another week day: Provided that the
day to be taken as a substitute leisure day shall be determined by agreement
between the employer and the employee and that it shall be taken during the
work cycle in which the day fell due or during the next succeeding work cycle.
17.9 Substitution of
Leisure Day -
17.9.1 An individual
employee, with the agreement of his/her employer, may substitute his/her
leisure day for another day.
17.9.2 An employer with
the agreement of an individual employee, may substitute the employee's leisure
day for another day.
17.9.3 An employer,
with the agreement of the majority of employees working in a project,
undertaking or establishment, may substitute the employees' leisure day for
another day in case of:
breakdown in machinery, or
failure or shortage of electric power, or
to meet the requirements of the business in the event
of rush orders or some other emergency situation, or
where employees cannot be usefully employed due to any
cause for which the employer cannot reasonably be held responsible.
17.9.4 Provided that
any substituted leisure day referred to in the proceeding paragraphs of this
subclause shall be taken during the work cycle in which the leisure day fell
due or during the next succeeding cycle.
17.10 Work Outside
Ordinary Hours - All work outside the ordinary hours of work prescribed by this
clause, including work on a leisure day except where such leisure day is
substituted for another day, shall be subject to the penalty rates set out in
this award.
18. Deleted
19. Overtime
19.1 Payment for
Working Overtime -
19.1.1 For all work
done outside ordinary hours, including work on a leisure day (as prescribed by
paragraph (c) of subclause 17.6, Systems of Ordinary Hours of Work, of clause
17, Hours of Work - Day Workers, except where such leisure day is substituted
for another day, the rates of pay shall be time and one‑half for the
first 2 hours and double time thereafter; such double time to continue until
the completion of the overtime work.
19.1.2 Except as
provided in this subclause or subclause 19.2, rest period after overtime, of
this clause, in computing overtime each day's work shall stand alone.
19.2 Rest Period
After Overtime ¾
19.2.1 When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have a rest period of at least 10 consecutive hours off duty
between the work of successive days:
provided that, in the case of shift workers, the rest period shall be 8
consecutive hours off duty when the overtime is worked:
(1) for the
purpose of changing shift rosters; or
(2) where the
shift worker does not report for duty and a day worker or a shift worker is
required to replace such shift worker; or
(3) where a shift
is worked by arrangement between the employees themselves.
19.2.2 An employee who
works so much overtime between the termination of his/her ordinary work on one
day and the commencement of his/her ordinary work on the next day that he/she
has not had at least the rest period off duty between those times shall,
subject to this subclause, be released after completion of such overtime until
he/she has had the rest period off duty without loss of pay for ordinary
working time occurring during such absence.
19.2.3 If on the
instructions of his/her employer such an employee resumes or continues work
without having had such rest period of duty he/she shall be paid at double
rates until he/she is released from duty for such rest period and he/she shall
then be entitled to be absent until he/she has had the rest period off duty
without loss of pay for ordinary time occurring during such absence.
19.3 Recall to work ¾
19.3.1 An employee
recalled to work overtime after leaving his/her employer's business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of 4 hours' work or where the employee has been paid for standing by in
accordance with subclause 19.5 standing by, of this clause, shall be paid for a
minimum of 3 hours' work at the appropriate rate for each time he/she is so
recalled.
19.3.2 Provided that,
except in the case of unforeseen circumstances arising, the employee shall not
be required to work the full 4 or 3 hours as the case may be if the job he/she
was recalled to perform is completed within a shorter period.
19.3.3 This subclause
shall not apply in cases where it is customary for an employee to return to
his/her employer's premises to perform a specific job outside his/her ordinary
working hours, or where the overtime is continuous (subject to a reasonable
meal break) with the completion or commencement of ordinary working time.
19.3.4 Overtime worked
in the circumstances specified in this subclause shall not be regarded as
overtime for the purpose of subclause 19.2 rest period after overtime, of this
clause when the actual time worked is less than 3 hours on such recall or on
each of such recalls.
19.4 Saturday work ¾
19.4.1 An employee
required to work after midday on a Saturday shall be paid double time rate for
such work.
19.4.2 A day worker
required to work overtime on a Saturday shall be afforded at least 4 hours'
work or paid for 4 hours at the appropriate rate except where such overtime is
continuous with overtime commenced on Friday.
19.4.3 Where an
employee works overtime which ceases at or after 4.00 am on a Saturday and such
overtime is continuous with ordinary work on Friday, then such employee shall
be paid for an additional 8 hours at ordinary time rate. This provision shall not apply to shift
workers.
19.5 Standing By -
subject to any custom now prevailing under which an employee is required
regularly to hold himself in readiness for a call back, an employee required to
hold himself 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 in readiness.
19.6 Crib Time ¾
19.6.1 An employee
working overtime shall be allowed a crib time of 20 minutes at the appropriate
rate without deduction of pay after each 4 hours of overtime worked if the
employee continues work after such crib time.
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 10.00 am and 1.00 pm be paid at ordinary rates.
19.6.2 Unless the
period of overtime is less than 1 1/2 hours an employee before starting
overtime after working ordinary hours shall be allowed a meal break of 20
minutes which shall be paid for at ordinary rates. An employer and employee may agree to any variation of this
provision to meet the circumstances of the work in hand provided that the
employer shall not be required to make any payment in respect of any time
allowed in excess of 20 minutes.
19.7 Requirement to
Work Reasonable Overtime - It shall be a condition of employment that employees
shall work reasonable overtime to meet the needs of the Industry.
19.8 Meal Allowance,
&c ¾
19.8.1 An employee
required to work overtime for more than 1 1/2 hours without being notified on
the previous day or earlier that he/she will be so required to work, shall
either be supplied with a meal by the employer or paid an amount as set out in
Item 4 of Table 4 of Part B for the first meal and for each subsequent meal.
19.8.2 Unless the
employer advised an employee on the previous day or earlier that the amount of
overtime to be worked will necessitate the partaking of a second or subsequent
meal (as the case may be) the employer shall provide such second and/or
subsequent meal or make payment in lieu thereof as above prescribed.
19.8.3 If an employee
pursuant to notice has provided a meal or meals and is not required to work
overtime or is required to work less than the amount advised, he/she shall be
paid as above prescribed for meals which he/she has provided but which are
surplus.
19.9 Transport of
Employees - when an employee, after having worked overtime, or a shift for
which he/she has not been regularly rostered, finishes work at a time when
reasonable means of transport are not available, the employer shall provide him
with a conveyance to his/her home or pay him his/her current wage rate for the
time reasonably occupied in reaching his/her home.
19.10 Meal Breaks ¾
19.10.1 Maximum
period without meal break - an employee shall not be compelled to work for more
than 5 hours without a break for a meal.
19.10.2 Payment
for work in meal breaks - subject to paragraph (c), Regular Maintenance Man, of
this subclause, for work done during meal hours and thereafter until break is
allowed time and a half rates shall be paid.
19.10.3 Regular
Maintenance Man - subject to the provisions of paragraph 19.10.1, maximum
period without meal break, hereof, an employee employed as a regular
maintenance man shall work during meal breaks at the ordinary rates herein
prescribed, whenever instructed to do so for the purpose of making good
breakdowns of plant or upon routine maintenance of plant which can only be done
whilst such plant is idle: provided
that, if the meal period of a maintenance man has not previously been taken and
does not follow immediately upon resumption of work by other employees after
their meal break, the provisions of paragraph 19.10.2, Payment for Work in Meal
Breaks, hereof, shall apply.
20. Holiday and
Sunday Work
20.1 Holidays ¾
20.1.1 Prescribed
Holidays ¾
20.1.1.1 An
employee on weekly hiring shall be entitled, without loss of pay to public
holidays as follows: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Labour
Day, Christmas Day, Boxing Day, or such other day as is generally observed in
the locality as a substitute for any of the said days respectively and/or
proclaimed or gazetted holiday throughout the state.
20.1.1.2 By
mutual agreement between an employer and employee, other days may be
substituted for the said days or any of them as to such employer's undertaking.
20.1.2 Payment for work
on a holiday -
20.1.2.1 An
employee not engaged on continuous work shall be paid at the rate of double
time and a half for work on a public holiday, such double time and a half to
continue until he/she is relieved from duty:
20.1.2.2 An
employee required to work on a holiday shall be paid for a minimum of 4 hours'
work at double time and a half.
20.1.3 Absence before
or after a holiday - an employee shall not be entitled to payment for a holiday
if he/she is absent from work:
20.1.3.1 without
reasonable excuse; or
20.1.3.2 without
the consent of his/her employer; on the ordinary working day before or the
ordinary working day after a holiday.
20.2 Picnic Day ¾
20.2.1 Prescribed
holiday - employees' picnic day shall be a recognised holiday for employees who
are members of the Electrical Trades Union of Australia, New South Wales
Branch. It shall be observed on the
first Monday in December each year.
20.2.2 Granting of
holiday - all employees in the construction industry to whom this section
applies shall, as far as practicable, be given and shall take this day as
picnic day without loss of pay. In respect of all other employees to whom this
section applies any other day may be substituted for picnic day by mutual
agreement between any employer and employee.
20.2.3 Payment for Work
on Picnic Day ¾
(a) An employee
who is required to work on picnic day or the day substituted therefor shall be
paid at the rate of double time and a half, such rate to continue until he is
relieved from duty.
(b) An employee
required to work on picnic day shall be paid for a minimum of 4 hours work at
double time and a half.
20.2.4 Absence Before or
After Picnic Day - An employee shall not be entitled to payment for picnic day
if he is absent from work:
(a) without
reasonable excuse: or
(b) without the
consent of his employer on the ordinary working day before or the ordinary
working day after picnic day.
20.2.5 Evidence of
Attendance at Picnic - An employer may require from an employee evidence of his
attendance at the picnic and the production of the butt of the employee's
picnic ticket shall be sufficient evidence of such attendance. Where such evidence is requested by the
employer payment need not be made unless the evidence is produced.
20.3 Sundays -
Payment for Work on Sundays ¾
20.3.1 An employee who
works on a Sunday, shall be paid at the rate of double time for such work, such
double time to continue until he/she is relieved from duty.
20.3.2 An employee
required to work on a Sunday shall be paid for a minimum of 4 hours' work at
double time.
20.4 General - The
following shall have application to all other sections of this clause:
20.4.1 Rest Period
After Holiday or Sunday Work - An employee, not engaged on continuous work, who
works on a holiday or a Sunday and (except for meal breaks) immediately
thereafter continues such work shall, on being relieved from duty be entitled
to be absent until he/she has had 10 consecutive hours off duty without
deduction of pay for ordinary time occurring during such absence.
20.4.2 Meal Allowance -
Holidays and Sundays ¾
20.4.2.1 An
employee not engaged on continuous work, required to work for more than 4 hours
on a holiday or a Sunday without being notified on the previous day or earlier
that he/she will be so required to work, shall either be supplied with a meal
by the employer or paid an amount as set out in Item 4 of Table 4 of Part B for
the meal taken during his/her first crib break and during each subsequent crib
break. Provided that such payment need
not be made to employees living in the same locality as their workshops who can
reasonably return home for meals.
20.4.2.2 An
employee who, pursuant to notice, has provided a meal or meals and is not
required to work on a holiday or Sunday or is required to work for a lesser
period of time than advised, shall be paid the rates prescribed in 4.1 for
meals which he/she has provided but which are surplus.
20.4.3 Holidays to be
Paid on Termination of Employment:
20.4.3.1 An
employer who terminates the employment of an employee engaged on weekly
employment on construction work in connection with the erection, repair,
maintenance, renovation or demolition of buildings or structures, shall pay the
employee his/her ordinary wages for each holiday in a group as prescribed in
paragraph of this subclause, which falls within 10 consecutive days on and from
the date that notice of termination is given.
20.4.3.2 For the purpose of this award, the following shall be
the holidays in a group:
(1) Christmas Day,
Boxing Day, New Year's Day and additional holidays gazetted in connection with
those days.
(2) Good Friday,
Easter Saturday (where it is applicable as a holiday for the employee), Easter
Monday and additional holidays gazetted in connection with those days.
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 the 10 days.
20.4.3.3 An
employee shall not be entitled to receive payment from more than one employer
in respect of the same holiday or group of holidays. An employee shall, on request by his/her employer, make a statutory
declaration or other written statement satisfactory to his/her new employer, of
the payments made by any other employer for the holidays referred to in this
subsection where any of such holidays occurs within 10 consecutive days after
the commencement of his/her employment with that employer.
20.4.3.4 An
employee shall not be entitled to the payment referred to in paragraph (a) of
this subclause, for the holidays prescribed by this subclause where his/her
employer dismisses him without notice for malingering, inefficiency, neglect of
duty or misconduct in accordance with the provisions of paragraph 20.4.3
Termination of Employment, of Section I ‑ Weekly Employment, of clause
11, Contract of Employment.
20.5 Maximum Period
Without Meal Break - An employee shall not be compelled to work for more than 5
hours without a break for a meal.
21. Shift Work
21.1 Definitions -
For the purposes of this clause:
21.1.1 "Afternoon
Shift" means any shift finishing after 6.00 p.m. and at or before
midnight.
21.1.2 "Continuous Work" means work carried on with
consecutive shifts of employee’s throughout the 24 hours of each of at least 6
consecutive days without interruption except during breakdowns or meal breaks
or due to unavoidable causes beyond the control of the employer.
21.1.3 "Night
Shift" means any shift finishing subsequent to midnight and at or before
8.00am.
21.1.4 "Rostered
Shift" means a shift of which the employee concerned has had at least 48
hours notice.
21.2 Hours -
Continuous Work Shifts: This subclause shall apply to shift workers on
continuous work as hereinbefore defined.
21.2.1 The weekly
ordinary hours of shift workers shall average 38 hours per week inclusive of
crib time and shall not exceed 152 hours in 28 consecutive days. Provided that a shift cycle may differ from
that prescribed by this subclause as to all or a section of employees by mutual
agreement between an employer and a majority of employees concerned.
21.2.2 Subject to the
following conditions such shift workers shall work at such times as the
employer may require:
(1) A shift shall
consist of not more than 8 hours, inclusive of crib time;
(2) except at the
regular changeover of shifts an employee shall not be required to work more
than one shift in each 24 hours;
(3) 20 minutes
shall be allowed to shift workers each shift for crib which shall be counted as
time worked:
(4) an employee
shall not be required to work for more than 5 hours without a break for a meal.
21.3 Hours - Other
Than Continuous Work ¾
21.3.1 This subclause
shall apply to shift workers not upon continuous work as hereinbefore defined.
21.3.2 The weekly
ordinary hours of work shall be an average of 38 hours per week, the average
hours per week being calculated over a shift cycle.
21.3.3 The weekly
ordinary hours of work shall be arranged in accordance with one of the
following shift cycles:
38 hours within a period not exceeding 7 consecutive
calendar days; or
76 hours within a period not exceeding 14 consecutive
calendar days; or
114 hours within a period not exceeding 21 consecutive
calendar days; or
152 hours within a period not exceeding 28 consecutive
calendar days.
Subject to the following conditions such shift workers
shall work at such times as the employer may require:
(1) A shift shall
not exceed 8 hours of ordinary time work.
Provided that the ordinary time of work of a shift may be altered as to
all or a section of employees by mutual agreement between an employer and the
union.
(2) Such ordinary
hours shall be worked continuously except for meal break at the discretion of
the employer.
(3) Except at the
regular change‑over of shifts an employee shall not be required to work
more than one shift in each 24 hours.
(4) An employee
shall not be required to work for more than 5 hours without a break for a meal.
21.4 Rosters - Shift
rosters shall specify the commencing and finishing times of ordinary working
hours of the respective shifts.
21.5 Variations by
Agreement - 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.
The time of commencing and finishing shifts once having
been determined may be varied by agreement between the employer and the accredited
representative of the union to suit the circumstances of the establishment or,
in the absence of agreement, by 7 days' notice of alteration given by the
employer to the employees.
21.6 Afternoon or
Night Shift Allowances ¾
21.6.1 A shift worker
whilst on afternoon or night shift shall be paid for such shifts 15 per cent
more than his/her ordinary rate.
21.6.2 A shift worker
who works on an afternoon or night shift which does not continue for at least 5
successive afternoons or nights shall be paid for each such shift 50 per cent
for the first 2 hours thereof and 100 per cent for the remaining hours thereof
in addition to his/her ordinary rate.
21.6.3 An employee who,
during a period of engagement on shift:
(1) works night
shift only; or
(2) remains on
night shift for a longer period than 4 consecutive weeks; or
(3) works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give him at least one‑third of his/her working time off
night shift in each shift cycle,
Shall during such engagement, period or cycle be paid
30 per cent more than his/her ordinary rate for all time worked during ordinary
working hours on such night shift.
21.7 Saturday Shifts
- The minimum rate to be paid to a shift worker for work performed between
midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for
and not cumulative upon the shift premiums prescribed in subclause 21.6 of this
clause.
21.8 Overtime -
Shift workers for all time worked in excess of or outside the ordinary working
hours prescribed by this award or on a shift other than a rostered shift shall:
21.8.1 if employed on
continuous work be paid at the rate of double time; or
21.8.2 if employed on
other shift work be paid at the rate of time and a half for the first 2 hours
and double time thereafter, except in each case when the time is worked:
(1) by arrangement
between the employees themselves; or
(2) for the
purpose of effecting the customary rotation of shifts; or
(3) on a shift to
which an employee is transferred on short notice as an alternative to standing
the employee off in circumstances which would entitle the employer to deduct
payment for a day in accordance with subsection 11.4.3 Standing Down of
Employees, of Section 11.4, General, of clause 11, Contract of Employment, of
this award.
21.8.3 When not less
than 7 hours 36 minutes notice has been given to the employer by a relief man
that he/she will be absent from work and the employee whom he/she should
relieve is not relieved and is required to continue to work on his/her rostered
day off, the unrelieved employee shall be paid double time.
21.9 Holiday and
Sunday Work ¾
21.9.1 Payment for Work
on a Holiday or a Sunday: Shift workers
shall be paid for all time worked on a holiday or a Sunday at the rates
prescribed by clause 20, Holiday and Sunday Work.
21.9.2 Rostered Off
Duty - A shift worker whose ordinary rostered shift includes a holiday
prescribed by the said clause 20, Holiday and Sunday Work, and who is rostered
off duty on a holiday and who does not work shall:
(1) be paid one
day's pay additional to his/her weekly wage for each such holiday he/she is
rostered off duty; or
(2) in lieu of
such payment and by mutual agreement with his/her employer he/she shall:
(A) have one
additional day of annual leave; or
(B) be granted an
ordinary working day off duty without loss of pay.
21.9.3 Holiday and
Sunday Shifts - Where shifts commence between 11.00pm and midnight on a holiday
or a Sunday, the time so worked before midnight shall not entitle the employee
to the holiday or Sunday rate: Provided that the time worked by an employee on
a shift commencing before midnight on the day preceding a holiday or Sunday and
extending into a holiday or Sunday shall be regarded as time worked on such
holiday or Sunday. Where shifts fall
partly on a holiday, that shift the major portion of which falls on a holiday
shall be regarded as the holiday shift.
21.10 Establishments,
Projects, Undertakings ¾ Notwithstanding the other provisions of this clause,
where employees are working shift work in a project, undertaking or
establishment in association with other employees, the applicable shift work
provisions shall be those applying to the majority of such other employees
working shift work.
22. Sick Leave
22.1 Entitlement to
Sick Leave - An employee on weekly hiring who is unable to attend for duty
during his/her ordinary working hours by reason of personal illness, or
personal incapacity not due to his/her own wilful misconduct, shall be entitled
to leave of absence without deduction of pay subject to the following
conditions and limitations:
22.1.1 Subject to the
provisions of the Workers' Compensation Act 1987, he/she shall not be entitled
to paid leave of absence for any period in respect of which he/she is entitled
to workers' compensation;
22.1.2 He shall within
24 hours of the commencement of such absence inform his/her employer of his/her
inability to attend for duty and as far as possible state the nature of his/her
illness or incapacity, and the estimated duration of same;
22.1.3 He shall prove to
the satisfaction of his/her employer (or, in the event of a dispute, of the
Industrial Commission), that he/she was unable on account of such illness or
injury to attend for duty on the day or days for which sick leave is claimed;
22.1.4 Subject to the
provisions of subclause 22.2, Calculation of Sick Leave Entitlement, hereof,
he/she shall not be entitled to leave in excess of the following:
(1) After 3
months' continuous service with an employer; 24 hours of ordinary working time;
provided that for any absence or absences not exceeding 24 hours during the
first 3 months for which the employee would otherwise have qualified for
payment in accordance with paragraphs 22.1.1, 22.1.2 and 22.1.3 of this
subclause, the employee shall be paid for such absence or absences upon the
employee's application for payment after such 3 months.
Provided further that where at the commencement of
employment it is agreed that the period of employment shall not exceed 3 months
the employee shall be entitled to the provisions of this paragraph from the
commencement of employment.
(2) After 6
months' continuous service with that employer, an additional 16 hours of
ordinary working time; provided that for any absence or absences not exceeding
40 hours during the first 6 months for which the employee would otherwise have
qualified for payment in accordance with paragraphs 22.1.1, 22.1.2 and 22.1.3
of this subclause, and subject to his/her having an untaken balance of sick
leave standing to his/her credit, the employee shall be paid for such absence
or absences upon the employee's application for payment after such 6 months;
(3) on the
anniversary date of his/her first and each subsequent year of service with that
employer an additional 64 hours of ordinary working time.
22.2 Cumulative Sick
Leave - Sick leave shall accumulate from year to year so that any balance of
the period specified in paragraph 22.1.4 of subclause 22.1, Entitlement to Sick
Leave, of this clause, which has in any year not been allowed to an employee by
an employer as paid sick leave, may be claimed by the employee and, subject to
the conditions hereinbefore prescribed, shall be allowed by the employer in a
subsequent year without diminution of the sick leave prescribed in respect of
that year: Provided that sick leave
which accumulates shall be available to the employee for a period of 12 years
from the end of the year in which it accrues.
22.3 More Favourable
Sick Leave - Subclause 22.1 Entitlement to Sick Leave, 22.2, and 22.2
Cumulative Sick Leave, hereof, shall not apply to employees whose employers
grant more favourable sick leave conditions that herein provided.
23. Personal/Carer’s
Leave
23.1 Use of Sick
Leave -
23.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph 23.3.2 of paragraph 23.3, 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 23, 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.
23.1.2 The employee shall,
if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
23.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
23.1.3.1 the
employee being responsible for the care of the person concerned; and
23.1.32 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:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
23.1.4 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
23.2 Unpaid Leave
for Family Purpose -
23.2.1 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
23.3 Annual Leave -
23.3.1 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.
23.3.2 Access to annual
leave, as prescribed in paragraph 23.3.1 of this subclause, shall be exclusive
of any shutdown period provided for elsewhere under this award.
23.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
23.4 Time Off in
Lieu of Payment for Overtime -
23.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
23.4.2 Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
23.4.3 If, having
elected to take time as leave in accordance with paragraph 23.4 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.
23.4.4 Where no
election is made in accordance with the said paragraph 23.4 the employee shall
be paid overtime rates in accordance with the award.
23.5 Make‑up
Time -
23.5.1 An employee may
elect, with the consent of the employer, to work "make‑up
time", under which the employee takes time off ordinary hours, and works
those hours at a later time, during the spread of ordinary hours provided in
the award, at the ordinary rate of pay.
23.5.2 An employee on
shift work may elect, with the consent of the employer, to work "make‑up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
23.6 Rostered Days
Off -
23.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
23.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
23.6.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
23.6.4 This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
24. Annual Leave
24.1 Day Workers -
24.1.1 Annual Leave
Entitlements - For annual leave entitlement provisions, see Annual Holidays
Act 1944.
24.1.2 Leisure Day in
relation to Annual Leave - For each 4-week period which accrues or falls due to
an employee, pursuant to the provisions of the Annual Holidays Act 1944, and:
where the employee's ordinary hours of work are
arranged in accordance with an average weekly hours system as prescribed by
paragraph 17.6.2 Average Weekly Hours Systems, of subclause 17.6 Systems of
Ordinary Hours of Work, of clause 17, Hours of Work ‑ Day Workers, of
this award; and irrespective of whether the employee has his/her annual holiday
in either one consecutive period or 2, 3 or 4 separate periods; then only one
such period shall include a leisure day.
An employee's leisure days are not holidays or special award holidays
for the purpose of this award.
24.2 Shift Workers -
In addition to the benefits prescribed by the Annual Holidays Act, 1944,
shift workers shall be granted the following:
24.2.1 Payment for
Period of Annual Leave ‑ An employee before going on annual leave shall
be paid the wages he/she would have received in respect of the ordinary time
he/she would have worked had he/she not been on leave during the relevant
period. An employee shall have the
amount of wages to be received for annual leave calculated by including the
following where applicable:
(1) his/her
"ordinary pay" as prescribed by the Annual Holidays Act 1944;
and
(2) the rate
payable pursuant to subclause (e), Mixed Functions, of clause 8, Wage Rates, of
the said award, calculated on a daily basis, which the employee would have
received for ordinary time during the relevant period whether on a shift roster
or otherwise;
24.2.2 Seven‑day
Shift Workers - A seven‑day shift worker is an employee whose ordinary
working period includes holidays and Sundays on which he/she may be regularly
rostered for work.
In addition to the benefits prescribed by section 3 of
the Annual Holidays Act 1944, with regard to an annual holiday an employee who,
during the year of his/her employment with respect to which he/she becomes
entitled to the said annual holiday gives service as a seven‑day shift
worker, under this award shall be entitled to the additional leave as specified
below.
(1) If during the
year of his/her employment he/she has served continuously as a seven‑day
shift worker the additional leave with respect to that year shall be one week.
(2) Subject to
subparagraph (4) of this paragraph if during the year of his/her employment
he/she has served for only portion of it as a seven‑day shift worker the
additional leave shall be one day for every 36 ordinary shifts worked as a
seven‑day shift worker.
(3) Subject to
subparagraph (4) of this paragraph the employee shall be paid for such
additional leave in accordance with the provisions prescribed by paragraph (i),
Payment for Period of Annual Leave, of this subclause.
(4) Where the
additional leave calculated under this subclause is or includes a fraction of a
day such fraction shall not form part of the leave period and any such fraction
shall be discharged by payment only.
(5) In this clause
reference to "one week" and "one day" includes holidays and
non‑working days.
24.3 Payment on
Termination of Employment - Where the employment of a worker has been
terminated and he/she thereby becomes entitled under section 4 of the Annual
Holidays Act 1944, to payment in lieu of an annual holiday, payment of 3 1/2
hours at such ordinary rate of wages shall be made with respect to each 21
shifts of service as a seven‑day shift worker which he/she had rendered
during such period of employment.
24.4 Annual Holidays
Loading ¾
24.4.1 In this
subclause the Annual Holidays Act 1944, is referred to as "the
Act".
24.4.2 Before an
employee is given and takes his/her annual holiday, or, where by agreement
between the employer and 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 his/her employee a loading determined in accordance with
this subclause. (NOTE: The obligation
to pay in advance does not apply where an employee takes an annual holiday
wholly or partly in advance ‑ see paragraph 24.4.6 of this subclause:)
24.4.3 The loading is
payable in addition to the pay for the period of annual holiday given and taken
and due to the employee under the Act and this award.
24.4.4 The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled under the Act and this award (but
excluding days added to compensate for holidays (prescribed by clause 20, Holiday
and Sunday Work, of this award) worked or such holidays falling on an
employee's rostered day off and not worked) and where such annual holiday is
given and taken in separate periods, then in relation to each such separate
period.
24.4.5 The loading is
the amount payable for the period or the separate period, as the case may be,
stated in paragraph (e) of this subclause at the rate per week of 17 1/2 per
cent of the appropriate ordinary weekly wage rate calculated in accordance with
the provisions of subclause (i), Weekly Wage Rate, of clause 8, Wage Rates, for
the classification in which the employee was employed immediately before
commencing his/her annual holiday but shall not include any other allowances,
penalty or disability rates, commissions, bonuses, incentive payments, overtime
rates or any other payments prescribed by this award.
24.4.6 No loading is
payable to an employee who takes an annual holiday wholly or partly in
advance: Provided that, if the
employment of such an employee continues until the day when he/she would have
become entitled under the Act to an annual holiday, the loading then becomes
payable in respect of the period of such annual holiday and is to be calculated
in accordance with paragraph (f) of this subclause applying the award rates of
wages payable on that day.
24.4.7 Where in
accordance with the Act the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employee concerned
(1) an employee
who is entitled under the Act to an annual holiday and who is given and takes
such annual holiday shall be paid the loading calculated in accordance with
paragraph (f) of this subclause:
(2) an employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable to him
under the Act such proportion of the loading that would have been payable to
him under this subclause if he/she had become entitled to an annual holiday
prior to the close‑down as his/her qualifying period of employment in
completed weeks bears to 52.
24.4.8 -
24.4.8.1 When
the employment of an employee is terminated by his/her employer for a cause
other than misconduct and at the time of the termination the employee has not
been given and has not taken the whole of an annual holiday to which he/she
became entitled he/she shall be paid a loading calculated in accordance with
paragraph (f) of this subclause for the period not taken.
24.4.8.2 Except
as provided by subparagraph (1) of this paragraph no loading is payable on the
termination of an employee's employment.
24.4.9 Notwithstanding
the provisions of paragraph (f) of this subclause an employee who is given and
takes an annual holiday and who would have worked as a shift worker if he/she
had not been on such annual holiday, shall be paid whichever is the greater of
either the said annual holidays loading or the shift work allowances and
weekend penalty rates, where applicable, for the ordinary time (not including
time on a holiday prescribed by clause 20, Holiday and Sunday Work, which
he/she would have worked during the period of the annual holiday.
25. Other Leave
25.1 Long Service
Leave - For long service provisions see Long Service Leave Act 1955.
25.2 Building and
Construction Industry Long Service Payments - For employees performing building
and construction work as defined by the Building and Construction Industry
Long Service Payments Act 1974, see Building and Construction Industry
Long Service Payments Act 1974.
25.3 Bereavement
Leave -
25.3.1 An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in paragraph 25.3.3 of this subclause.
25.3.2 The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
25.3.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph 23.1.3.2 of clause 23, Personal/Carer’s Leave, provided that, for
the purpose of bereavement leave, the employee need not have been responsible
for the care of the person concerned.
25.3.4 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.
25.3.5 Bereavement
leave may be taken in conjunction with other leave available under subclauses
23.2, 23.3, 23.4, 23.5 and 23.6 of the said clause 23. 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. Shop Stewards
26.1 Accredited Shop
Steward - An employee appointed shop steward in the shop or department in which
he/she is employed shall upon notification thereof to his/her employer, be
recognised as the accredited representative of the union. An accredited shop steward shall be allowed
the necessary time during working hours to interview the employer or his/her
representative on matters affecting employees whom he/she represents.
26.2 Interviewing
Union Official - Subject to the prior approval of the employer an accredited
shop steward shall be allowed at a place designated by the employer a
reasonable period of time during working hours to interview a duly accredited
official of the union on legitimate union business.
27. Notice Board
The employer shall permit a notice board of reasonable
dimensions to be erected in a prominent position in each of his/her
establishments or plants or job sites where his/her employees are working or in
separate buildings in each establishments or plant or job site so that such
notice boards are reasonably accessible to all his/her employees working under
the award at the establishment or plant or job site.
Accredited union representatives shall be permitted to put
on the notice board or boards formal union notices, signed or countersigned by
the representative so placing them. Any
notice posted on such notice board or boards not so signed or countersigned may
be removed by an accredited union representative or the employer.
28. Amenities
28.1 Workshop and
Depot ¾
28.1.1 The employer
shall ensure that the prescribed amenities are kept clean.
28.1.2 The employer
shall provide at his/her workshop or depot a suitable locker or suitable
hanging facilities which will provide adequate protection for an employee's
clothing and his/her personal effects.
NOTE: The
amenities for workshops and depots are those prescribed by the Factories,
Shops and Industries Act 1962, and by the Regulations made under the
Act. The amenities prescribed include
change room, meal room, dining tables, chairs, clothes lockers, tool lockers,
food storage space, meal heating facilities, garbage bins, showers, hand wash
basins and sanitary conveniences.
28.2 Construction
and Installation, &c., Sites: The
employer shall ensure that the prescribed amenities are kept clean.
NOTE: The
amenities for construction site work are those prescribed by the Construction
Safety Act 1912, and by the Regulations made under the Act. The amenities prescribed include change room,
meal room, tool storage, dining tables, chairs or forms, coat books, food
storage space, garbage bins, sanitary and washing facilities.
28.3 Water Supply -
An employer shall provide at each of his/her workshops and depots and job sites
an adequate supply of:
28.3.1 Pure, cool
drinking water which shall be available for use at any time during working
hours, and
28.3.2 boiling water
for beverages which shall be available for use during meal and crib breaks.
29. First‑Aid
29.1 Attendant - An
employee shall endeavour to have at least one person who has been trained to
render first-aid in attendance when work is performed at an establishment.
29.2 First-aid
Outfit - In each workshop, depot and job site where employees are regularly
employed, the employer shall provide and continuously maintain at a place or
places reasonably accessible to all employees an efficient first-aid outfit.
29.3 First-Aid
Allowance - An employee who has been trained to render first-aid and who is the
current holder of appropriate first-aid qualifications approved by the
WorkCover Authority of NSW shall be paid an allowance as set out in Item 19 of
the said Table 5 if he/she is appointed by his/her employer to perform
first-aid duty.
30. Superannuation
The subject of superannuation legislation is dealt with
extensively by federal legislation including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Industry
(Supervision) Act 1993 (Cth), the Superannuation (Resolution of
Complaints Act 1993 (Cth), and s124 of the Industrial Relations Act
1996. This legislation, as varied from time to time, governs the superannuation
rights and obligations of the parties.
31. Miscellaneous
Provisions
31.1 Protective
Clothing - Where employees are required to wear overalls and/or dust coats they
shall be supplied by the employer.
31.2 Damage to
Clothing, Spectacles and Hearing Aids - Compensation to the extent of the
damage sustained shall be made where in the course of the work clothing,
spectacles or hearing aids are damaged or destroyed by fire or molten metal or
through the use of corrosive substances:
Provided that this subclause shall not apply when an employee is
entitled to Workers' Compensation in respect of the damage.
31.3 Gas Masks ¾
31.3.1 The employer
shall ensure that sufficient gas masks are available to enable each employee,
when engaged on repairs to refrigeration plants outside the employer's
premises, to take one with him.
31.3.2 Employers shall
provide respirators or gas masks for electric arc or oxy‑acetylene
operators working in places where fresh air cannot freely circulate.
31.4 Gloves -
Suitable canvas or leather gloves shall be provided by employers for operators
of pneumatic tools and/or punch and shearing machines and where necessary for
employees manually hauling underground cables or ring mains and similar cables
and suitable gloves or pads for such other work as the foreman and employee may
agree. In the case of disagreement
between the foreman and the workman, the workman or a shop steward on his/her
behalf shall be entitled within 24 hours, to ask for a decision on the
workman's claim by the employer's industrial officer (if there be one) or
otherwise by the employer or the executive officer responsible for the
management or superintendence of the plant concerned. In such case a decision shall be given on the workman's claim
within 48 hours of its being asked for (unless that time expires on a non‑working
day, in which case it shall be given during the next working day), or else the
said equipment shall be provided. In
any case where the union alleges that an employer or his/her representative is
persistently unreasonable or capricious in relation to such claims, it may
bring such case before the Conciliation Committee.
31.5 Goggles -
Suitable mica or other goggles shall be provided by the employer for each
employee using emery wheels or where used by more than one employee such
goggles shall be sterilized before being used by another employee. An employee when working on emery wheels
shall wear the goggles provided for his/her protection.
Goggles containing celluloid shall not be considered
suitable for the purposes of this provision.
31.6 Masks - Where
necessary suitable masks shall be provided for employees required to use
compressed air for blowing dust from electrical machinery or equipment. An employee when performing such work shall
wear the mask provided for his/her protection.
Masks containing celluloid shall not be considered suitable for the
purposes of this provision.
31.7 Protective
Equipment - Welding - Employers shall provide a sufficient supply of the
undermentioned equipment to enable each tradesman and his/her assistant when
engaged on work necessitating its use:
31.7.1 suitable
asbestos sheets;
31.7.2 hand screens or
helmets, fitted with coloured glass (or in the case of oxy‑acetylene
operators protective glasses with side shields);
31.7.3 anti‑flash
goggles;
31.7.4 aprons, leather
sleeves and leggings (or coveralls of flameproof material) and gauntlet gloves,
and
31.7.5 gum or other
insulating boots when working in places so damp that danger of electric shock
exists.
An employee who is pursuant to this paragraph supplied
with any of the equipment specified herein shall wear or use as the case may be
such equipment in such a way as to achieve the purpose for which it is
supplied. Where electric arc operators
are working screens which shall be suitable and sufficient for the purpose
shall be provided by the employer for the protection of employees from flash.
31.8 Safety Gear for
Live Work - Adequate safety gear (including insulating gloves, mats and/or
shields where necessary) shall be provided by employers for employees required
to work on live electrical equipment.
31.9 Case Hardened
Prescription Lenses - An employer who requires an employee to have his/her
prescription lenses case hardened shall pay for the cost of such case
hardening.
32. Deleted
33. Working Within
Skills Competency and Training
33.1 An employer may
direct an employee to carry out such duties as are within the limits of the
employees skill, competence and training consistent with the classification
structure of this award provided that such duties are not designed to promote
deskilling.
33.2 An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required provided that the employee has been properly trained in the use
of such tools and equipment.
33.3 Any direction
issued by an employer pursuant to subclause (i) and (ii) shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
34. Consultative
Mechanism
Enterprises shall establish a consultative mechanism and
procedures appropriate to their size, structure and needs for consultation and
negotiation on matters affecting their efficiency and productivity.
35. Electrical
Electronic Industry Training Committees
National Electrical, Electronic Industry Training Committee
- Subject to the Industrial and Commercial Training Act 1989, the
National and State Electrical and Electronic Industry Training committees shall
have the responsibility for development of training standards for consideration
and endorsement by the National Training Board and the provision of advice and
assistance to the National Training Board and State and Territory Training
Authorities in respect of matters relating to training in the industries and
callings covered by this award including, but not limited to, the following:
(a) training and
skill standards;
(b) curriculum
development;
(c) training
courses;
(d) articulation
and accreditation requirements both on and off‑the‑job;
(e) on‑the‑job
training guidelines.
36. Grievance and
Dispute Resolution Procedures
36.1 Procedures
relating to grievances of individual employees
36.1.1 The employee is
required to 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.
36.1.2 A 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.
36.1.3 Reasonable time
limits must be allowed for discussion at each level of authority.
36.1.4 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.
36.1.5 While a
procedure is being followed, normal work must continue.
36.1.6 The employee may
be represented by an industrial organisation of employees.
36.2 Procedures
relating to disputes etc. between employers and their employees -
36.2.1 A question,
dispute or difficulty must initially be dealt with as close to its course as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
36.2.2 Reasonable time
limits must be allowed for discussion at each level of authority.
36.2.3 While a
procedure is being followed, normal work must continue.
36.2.4 The employer may
be represented by an industrial organisation of employers and the employer may
be represented by an industrial organisation of employees for the purposes of
each procedure.
37. Area, Incidence and Duration
37.1 This award has
been made pursuant to the s19 of the Industrial Relations Act 1996. It shall
commence from the first full pay period to commence on or after 19 April 2001,
and shall remain in force for 12 months.
This award rescinds and replaces:
(a) the
Electricians, &c. (State) Award published 28 August 1974, and reprinted 3
February 1982, and further reprinted 7 August 1992 (270 I.G. 950) and all
variations thereof.
(b) the
Electricians &c., Redundancy and Technological Change (State) Award
published 24 November 1995 (289 I.G. 617).
(c) the
Electricians Superannuation Award published 3 April 1992 (268 I.G. 917).
(d) the
Electricians &c Family Leave (State) Award published 15 December 1995 (289
I.G. 1276).
(e) the
Electricians &c. (State Wage Case) (State) Award 1996 published 24 October
1997 (301 I.G. 1059), and all variations thereof.
(f) the
Electricians &c. (State) Expense Related Allowances Award 1996 published 14
June 1996 (293 I.G. 331), and all variations thereof.
Electricians, &c. (State) Industrial Committee
Industries
and Callings
This Award shall apply to all persons employed in the
classifications specified in clause 8, Wage Rates, within the following
industries and callings;
Makers, fitters, repairers and installers of electrical
apparatus and installations and persons assisting therein, and employees
engaged in the maintenance of electrical apparatus and installations and
persons assisting therein, or in running electrical plant, and in connection
with such industries, all oxy‑acetylene and electric welders in the
State, excluding the County of Yancowinna;
excepting employees of -
State Transit Authority of New South Wales;
State Rail Authority of New South Wales;
The Roads and Traffic Authority;
The Water Board;
The Hunter District Water Board;
South Maitland Railways Pty Limited;
Southern Copper Limited, Metal Manufactures Limited,
Incitec Limited;
The Broken Hill Proprietary Company Limited at
Newcastle;
Australian Iron and Steel Proprietary Limited, within
the jurisdiction of the Iron and Steel Works Employees (Australian Iron &
Steel Proprietary Limited) Conciliation Committee and Quarries (Australian Iron
and Steel Pty Limited) Conciliation Committee;
Blue Circle Southern Cement Limited;
The Council of the City of Sydney;
Sydney Electricity;
The Electricity Commission of New South Wales (Pacific
Power);
Municipal, shire and county councils, or of person or
corporations supplying electricity to the said councils, or to the public under
agreement with the said councils;
Australian Wire Industries Pty Ltd at its Sydney
Wiremill;
Australian Wire Industries Pty Ltd at its Newcastle
Wiremill;
The Council of the City of Newcastle;
The Australian Gas Light Company;
and excepting also employees -
In or about coal mines north of Sydney, in or about
coal mines in the South Coast district, in or about coal and shale mines west
of Sydney;
In or about metalliferous and limestone mines; in or in
connection with mining for minerals other than coal or shale; and in or about
diamond and gembearing mines, mining dredges, ore cluicing process, ore
smelting, refining, treatment and reduction works;
and excepting also
¾
All person employed in or in connection with hospitals,
mental hospitals, public charitable institutions or ambulance work;
Persons employed in or by The United Dental Hospital of
Sydney;
and excepting also employees within the jurisdiction
of the -
Australian Wire Industries Pty Ltd - Newcastle Ropery
Industrial Committee;
Breweries, &c. (State) Industrial Committee;
Cement Workers, &c. (State) Industrial Committee;
Crown Employees (Skilled Tradesmen) Industrial
Committee)
Electrical Contracting Industry (State) Industrial
Committee;
John Lysaght (Australia) Limited Newcastle Industrial
Committee;
John Lysaght (Australia) Limited Port Kembla Industrial
Committee;
John Lysaght (Australia) Limited Unanderra Industrial
Committee;
Milk Treatment, &c., and Distribution (State)
Industrial Committee;
Public Hospital (Skilled Tradesmen) Industrial
Committee;
Smelting and Fertilizer Manufacturing Industrial
Committee;
Special Steels and Steel Products Manufacture
(Commonwealth Steel Company Limited) Industrial Committee;
Tubemakers of Australia Limited, Newcastle Industrial
Committee;
Tubemakers of Australia Limited, Yennora Industrial
Committee.
and excepting also employees in the following
organisations meeting the appropriate criteria -
Australian Consolidated Press Ltd and Conpress Printing
are exempted from this award so long as they observe the terms and conditions
of Industrial Agreement No. 4066 filed 16 June 1970 and any variation or
substitution therefor.
Subject to the provisions of clauses 14 and 15 of
Industrial Agreement No. 4058 filed 2 June, 1970 John Fairfax & Sons Pty
Ltd is exempt from this award so long as it observes the terms and conditions
of the said Industrial Agreement No. 4058 or of any other industrial agreement
in variation thereof or in substitution therefor.
Subject to the provisions as to temporary employees
contained in clause 14 of Industrial Agreement No. 4067, filed 17 June 1970
Mirror Newspapers Limited is exempt from this award so long as it observes the
terms and conditions of the said Industrial Agreement No. 4067 or of any other
industrial agreement in variation thereof or in substitution therefor.
Subject to the provisions of clauses 14 and 15 of
Industrial Agreement No. 4065, filed 10 June 1970 Sungravure Limited is exempt
from this award so long as it observes the terms and conditions of the said
Industrial Agreement No. 4065 or of any other industrial agreement in variation
thereof or in substitution therefor.
Board of Fire Commissioners of New South Wales is
exempt from this award so long as it observes the terms and conditions of
Industrial Agreement No. 4822, filed 10 August 1973 or of any other industrial
agreement in variation thereof or in substitution therefor.
Electrical tradesman's assistants employed under the
provisions of the Crown Employees (Tradesman's Assistants) Award are exempt
from the provisions of this award.
The State Dockyard, Newcastle, is exempt from the
provisions of clauses 22, Sick Leave, 24, Annual Leave, and subclauses 25.1,
Long Service Leave, and 25.3, Bereavement Leave, of clause 25, Other Leave, so
long as it observes the provisions of the New South Wales Government Uniform
Leave Conditions in force from time to time.
Koppers Australia Proprietary Limited is exempt from
subclause 17.5, Spread of Hours, of clause 17, Hours of Work - Day Workers, of
this award, so long as the company and the union observe the terms and
conditions of the agreement ratified by the Industrial Commission of New South
Wales on 24 February 1988 in Matter No. 16 of 1988 or any variation or
substitution therefor.
Appendix
The following margins per week will apply to the male employees
in the classifications listed hereunder of A.W. Goodwin Limited and Tulloch
Limited being employees within the Engineering, Metal Working and Fabrication
Sections of the Rolling Stock Industry:
(i) Weekly Wage
Rates of Pay -
Classification
|
Margin
per week
$
|
|
|
Electrical Fitter/Mechanic
|
114.70
|
Electrical Fitter/Mechanic's Assistant
|
78.80
|
(ii) Conditions of
Employment - Shall be those prescribed by the Electricians, &c. (State)
Award except as varied herein.
(iii) Accumulated
Sick Leave: Payment will be made for all accumulated sick leave on termination
for any reason other than serious misconduct.
(iv) Compassionate
Leave - Three days of paid leave of absence to employees suffering a
bereavement within immediate family, i.e. father, mother, father‑in‑law,
mother‑in‑law, wife, son, daughter, brother or sister.
(v) Washing Time -
Every employee is allowed six minutes washing time each shift except on the
normal pay day when a total of ten minutes is allowed.
(vi) Leading Hands
- In addition to the rates prescribed herein an additional rate of $16.40 per
week shall be paid to those employees classified as leading hands.
(vii) Service
Allowance - A service allowance will be paid after the first year of continuous
service in accordance with the following scale and conditions: 2 years to 5 years (inclusive) - 2 days per
completed year of service.
Conditions ¾
(a) Service
allowance will not be paid when an employee attains entitlement for his/her
appropriate Long Service Leave.
(b) A service
allowance is not to be paid for any other reason than retrenchment due to the
slackness in trade.
(c) Service
allowance to be looked upon as Long Service Leave in Advance. The actual cash payment is to be deducted
from any further long service leave payment should an employee qualify for long
service leave following some later period of employment.
(viii) Extended Sick
leave - Accruals - Employees absent on authorized extended sick leave, not
being sickness in respect of which any such employee is entitled to workers'
compensation, will be entitled to have annual leave accrued for the first six
months of such extended sick leave.
(ix) Sickness Fund
- The employer agrees to maintain the current non‑contributory sickness
benefits at present applicable to its employees.
(x) Life Assurance
¾
The employer agrees to maintain the current non‑contributory life
assurance at present applicable to its employees.
(xi) Increments -
The Weekly Rates set out in subclause (i) hereof shall be increases for each
and every classification by $3.00 per week from first pay period on or after 20
June 1973.
(xii) Duration -
This appendix shall remain in force for a period of 18 months from the date
appearing herein, except and unless determined by both parties hereto, in writing.
(xiii) Date of
Operation - From the first pay period to commence on or after 18 March 1972.
PART B
MONETARY RATES
Table 1 ¾ Wage Rates
|
Former
Margin
Per Week
$
|
SWC 2000
Adjustment
$
|
New
Total
Per Week
$
|
Supplementary
Payment
Per Week
(N/C)
$
|
Electrical Mechanic
|
453.00
|
15.00
|
468.00
|
30.10
|
Electric Fitter
|
453.00
|
15.00
|
468.00
|
30.10
|
Electrical Instrument Fitter
|
474.80
|
15.00
|
489.80
|
32.40
|
Electronics Tradesperson
|
520.10
|
15.00
|
535.10
|
55.60
|
Plant Electrician shall
be paid the same rate of pay as a Leading Hand Electrical Mechanic
Note: The margin for a Plant Electrician, calculated as
prescribed above, is
|
482.60
|
15.00
|
497.60
|
32.70
|
Radio Mechanic of Fitter
|
453.00
|
15.00
|
468.00
|
30.10
|
Refrigeration and/or
Air Conditioning Mechanic or Fitter
|
453.00
|
15.00
|
468.00
|
30.10
|
Battery Fitter
|
453.00
|
15.00
|
468.00
|
30.10
|
Electrician in charge
of plant having a capacity of less than 75kw
|
462.10
|
15.00
|
477.10
|
31.30
|
Electrician in charge of plant having a capacity of 75kw
or more
|
484.50
|
15.00
|
499.50
|
33.00
|
Linesworker
|
424.20
|
15.00
|
439.20
|
27.90
|
Linesworker special class
|
444.40
|
15.00
|
459.40
|
29.40
|
Tradesperson and/or
Linesworkers Assistant
|
382.60
|
15.00
|
397.60
|
24.40
|
*Note: The
supplementary payment prescribed shall be paid to all employees other than
employees engaged on construction work.
Table 2 ¾ Additional Margins
Item No.
|
Clause
No.
|
Brief Description
|
Amount
Per Week
$
|
1
|
4.1.1
|
Qualified Supervisor Certificate (Electrician)
|
25.25
|
2
|
4.1.1
|
Certificate of Registration (Electrician)
|
13.60
|
3
|
4.1.1
|
Licence Reimbursement Allowance - NSW "Qualified
Supervisor Certificate"
|
0.45(N/C)
|
4
|
4.1.2
|
Leading Hand Allowance
|
34.15
|
5
|
4.1.3.1
|
Construction Work - In conditions peculiar to such work,
i.e. dust blowing in the wind, etc
|
18.05
|
6
|
4.1.4.1
|
Construction Work - Special Allowance
|
63.80
|
7
|
4.1.5
|
Ship Repair Work -
Tradespersons
All other labour
|
10.10
8.15
|
8
|
4.1.6
|
Tradespersons and their assistants employed in large
operating power houses
|
13.30
|
9
|
4.1.7
|
Electrical Tradespersons employed at Australian Gypsum
Ltd, Camellia
|
16.00
|
10
|
4.2.1.1
|
Apprentices engaged on construction work - in conditions
peculiar to such work, i.e. dust blowing in the wind, etc
|
18.05
|
11
|
4.2.1.2
|
Apprentices engaged on ship repairs
|
10.10
|
12
|
4.2.1.3
|
Apprentices engaged on construction work -
Year of Apprenticeship
1st year
2nd year
3rd year
4th year
|
17.65
25.80
33.35
39.55
|
13
|
4.2.2.1
|
Trainee Apprentices engaged on construction work in
conditions peculiar to such work, i.e. dust blowing in the wind, etc
|
18.05
|
14
|
4.2.2.2
|
Trainee Apprentices engaged on ship repairs
|
10.10
|
15
|
4.2.2.3
|
Trainee Apprentices engaged on construction work -
Year of Apprenticeship
1st year
2nd year
3rd year
4th year
|
18.75
28.75
36.35
41.10
|
16
|
7.3.1
|
Tool Allowance
|
10.50
|
Table 3 ¾ Apprentice Rates
|
(i) Indentured
Apprentices
(A) The Minimum
Weekly Rates Of Wages For Apprentices Shall Be As Follows:
|
|
Former Rate
Per Week
$
|
SWC 2000 Adjustment
$
|
New Total
Per Week
$
|
|
1st year
|
172.85
|
5.35
|
178.20
|
|
2nd year
|
234.65
|
7.30
|
241.95
|
|
3rd year
|
338.90
|
10.50
|
349.40
|
|
4th year
|
389.10
|
12.05
|
401.15
|
|
Trainee Apprentices
(a) the
minimum weekly rates of wages for trainee apprentices shall be as follows:
|
|
1st year
|
199.25
|
6.20
|
205.45
|
|
2nd year
|
266.95
|
8.30
|
275.25
|
|
3rd year
|
373.40
|
11.60
|
385.00
|
|
4th year
|
409.70
|
12.70
|
422.40
|
|
|
|
|
|
|
|
Table 4 ¾ Expense Related Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
1
|
6.3.3
|
Motor Vehicle Allowance
|
0.59/km
|
2
|
6.4.3.1 & 6.4.3.2.1
|
Daily Average Excess Fares Construction Work &c.
Allowances
|
9.40 per day
|
3
|
6.4.3.2.2.3
|
Formula & Example
Weekly Average Excess Fares Rate
= Daily
Average excess fares rate x Ordinary days of work per work cycle.
÷ by weeks
per work cycle
= $44.65
|
44.65
|
4
|
19.8 & 20.4.2.1
|
Meal Allowance
|
7.95
|
5
|
10.1
|
Living Away From Home Allowance
|
314.75
per week
45.05 per day
|
6
|
10.4.3.1
|
Camping Allowance
|
12.40 per day
|
Table 5 - Work Related Allowances
Item No.
|
Clause
No.
|
Brief Description
|
Amount
$
|
1
|
14.1.1
|
Dirty Work Allowance
|
0.38 (p/h)
|
2
|
14.1.1.3
|
Ship Repair - Dirty Work Allowance
|
0.47 (p/h)
|
3
|
14.1.2
|
Confined Space Allowance
|
0.47 (p/h)
|
4
|
14.1.3
|
Insulation Material Allowance
|
0.47 (p/h)
|
5
|
14.1.4.1
14.1.4.2
|
Height Allowance
for each further 15 metres increase in height
Bosun’s chair or swinging scaffold allowance
for each further 15 metres increase in height
|
0.41 (p/h)
0.41 (p/h)
0.41 (p/h)
|
6
|
14.1.5.1
|
Wet Allowance
|
0.38 (p/h)
|
7
|
14.1.6.1
|
Hot Places Allowance
-46 degrees Celsius to 54 degrees Celsius
-Where temperature exceeds 54 degrees Celsius
|
0.38 (p/h)
0.47(p/h)
|
8
|
14.1.7
|
Cold Places Allowance
|
0.38(p/h)
|
9
|
14.1.8
|
Explosive Powered Tool Allowance -
minimum payment per day
|
0.99(p/d)
|
10
|
14.1.9.3
|
Toxic Substance Allowance
Employees working in close proximity to employees so
engaged with such substances
|
0.48(p/h)
0.41(p/h)
|
11
|
14.1.10.1
14.1.10.5
|
Underground Work Allowance (per week)
Underground Work Allowance maximum 4 days or shifts per
week (per say or shift)
|
8.56(p/w)
1.71(p/d) or shift
|
12
|
14.1.11.1
14.1.11.2
14.1.11.3
|
Submarine Allowance for work inside hull
For work in other compartments listed in 4.1.11.2
For work inside "D", "O" and
"R" tanks
|
0.68(p/h)
1.12(p/h)
1.32(p/h)
|
13
|
14.1.12.4
|
Asbestos Allowance
|
1.32(p/w)
|
14
|
14.2.1
|
Pilkington - A.C.I. Operations Pty Ltd
Electrical Workers Allowance (per week)
Electrical Tradesmen’s Assistants Allowance
|
22.68 (p/w)
20.50 (p/w)
|
15
|
14.2.1.1
|
AIS, JLA and BHP Construction Allowance
|
35.26(p/w)
|
16
|
14.2.2
|
Corrective Establishment Allowance
|
1.00 (p/h)
|
17
|
15.4.1
15.4.3
|
Up to and including 4 storey levels
From 5 storey levels up to and including 15 storey levels
From 16 storey levels up to and including 30 storey levels
From 31 storey levels up to and including 45 storey levels
From 46 storey levels up to and including 60 storey levels
From 61 storey levels and above
|
Nil
0.33 (p/h)
0.37 (p/h)
0.43 (p/h)
0.51 (p/h)
0.58 (p/h)
|
18
|
16.1
16.2
16.3
|
Distant Places Allowance
Central Section
Western Division
Snowy Mountains Section
|
0.82 (p/d)
1.37 (p/d)
1.37 (p/d)
|
19
|
29
|
First-Aid Allowance
|
1.90 (p/d)
|
R. J. PATTERSON, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.