Government Railways (Building Trades Construction Staff) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1646 of 2007)

 

 

REVIEWED AWARD

 

Clause No.         Subject Matter

 

1.         Anti-Discrimination

2.         Definitions

3.         Terms of Employment

4.         Hours

5.         Overtime

6.         Rates of Wages, Tool and Special Allowances

6A.      No Extra Claims

7.         Charge Hands

8.         Annual Leave Loading

9.         Special Rates

10.       Saturday Work

11.       Sunday Work

12.       Picnic Day

13.       Travelling Time and Fares

14.       Distant Jobs

15.       Inducement Allowances

16.       Sick Leave

17.       Payment of Wages

18.       Amenities

19.       Clothing and Tools

20.       Union Notices

21.       Notation

22.       Leave Reserved

23.       Personal/Carer's Leave

24.       Dispute Settlement Procedure

25.       Redundancy

26.       Occupational Health and Safety for Employees of Labour Hire Employers

27.       Area, Incidence and Duration

 

1.  Anti-Discrimination

 

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

 

(ii)        It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

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

 

(iv)       Nothing in this clause is to be taken to affect:

 

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

 

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

 

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

 

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

 

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

 

Notes

 

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

 

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

 

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

 

2.  Definitions

 

In this award:

 

"Charge hand" shall be a building tradesperson on construction who is required to be in charge of one or more employees and who from time to time may be required to be in charge of a construction project.  Charge hands' duties may also include the supervision of organisers work and will include all other duties as directed.

 

"Employer" means the Rail Infrastructure Corporation or any contractor or subcontractor engaged by Rail Infrastructure Corporation or their successor organisations.

 

3.  Terms of Employment

 

(i)         An employee leaving their employment shall give the Employer one week's notice thereof.

 

(ii)        Except in the case of any employee discharged for misconduct, one week's notice of dismissal by the Employer shall be given.

 

(iii)       The Employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling.

 

(iv)       The Employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment.

 

(v)        Any direction issued by an employer pursuant to subclauses (iii) and (iv) of this clause shall be consistent with the Employer's responsibilities to provide a safe and healthy working environment.

 

(Subclauses (iii), (iv) and (v) of this clause inserted matter no. 769/91 op. 27.9.91.)

 

4.  Hours

 

Except as provided elsewhere in this award, the ordinary working hours shall be an average of 38 per week worked in accordance with the following provisions for a four-week work cycle:

 

(i)         Commencing 30 April 1982, the ordinary working hours shall be worked in any of the following ways:

 

(a)        by fixing one week day on which all employees will be off during a four-week work cycle (i.e. the location shuts down for a day once each four weeks and eight hours are worked on the other 19 week days or those four weeks); or

 

(b)        by rostering employees off on various days of the week during a four-week cycle so that each employee has one day off during that cycle (i.e. as in paragraph (a) above) except that employees take various days off according to a roster so as to avoid a location shutdown.

 

The ordinary working hours of employees who are called upon to work afternoon and/or night shifts shall be as arranged by the Employer.

 

Provided that, by agreement between the Employer and their employees, an alternative day in the four-week cycle may be substituted for the rostered day off and paid as though worked and, where such agreement is reached, all provisions of this award shall apply as if such day was the prescribed day off.

 

(ii)        Where such rostered day off falls on a public holiday, the next working day shall be taken in lieu unless an alternate day in that four-week cycle or the next is agreed.

 

(iii)       Paid leave at full rates taken during any cycle of four weeks shall be regarded as a day worked for accrual purposes.  The period of annual leave is inclusive of non-working days and, subject to all other provisions, an employee shall be entitled to a maximum of 12 rostered days off in a calendar year, except where an employee does not take annual leave in that calendar year.

 

(iv)       Except as in subclause (iii) of this clause, employees not working a complete 19-day four week cycle shall receive pro rata accrued entitlements for each day worked payable for the programmed day off or, in the case of termination of employment, on termination.

 

(v)        An employee who works on their day off will receive another day in lieu in the same four-week work cycle but, if this is not practicable, it must be cleared in the next work cycle.  Should the employee fail to clear the day in the first three weeks of the next work cycle, the Employer will nominate the day to be cleared in the fourth week.

 

(vi)       A break of not less than 30 minutes shall be allowed for a meal each day Monday to Friday, both inclusive, to other than employees working on afternoon and/or night shifts.  Meal breaks for employees working on afternoon and/or night shifts shall be as agreed upon between the Employer and the employees concerned.

 

(vii)      Notwithstanding anything contained in this clause, the time worked each day and the times of commencing and ceasing work on any particular section of work may be varied by agreement between a majority of the employees and the Employer, subject to a limit of 10 hours maximum in any one day and 76 hours each fortnight for the purpose of enabling employees to cease work early to make connection with transport.

 

(viii)     Notwithstanding anything contained in this award, the time worked each day and the times of commencing and ceasing work on any particular section of work may be varied by agreement between the relevant Unions and the Employer, provided that, where the parties agree, ordinary hours may be worked in shifts of up to 12 hours' duration without attracting an overtime penalty.

 

(Subclause (viii) of this clause inserted matter no. 769/91 op. 27.9.91.)

 

5.  Overtime

 

(i)         All time worked beyond the ordinary time of work inclusive of time worked for accrual purposes as prescribed in clause 4, Hours, shall be paid for at the rate of time and a half times the ordinary rates for the first two hours thereof and at double time thereafter.

 

(ii)        When more than one and a half hours' overtime is required to be worked, immediately after ordinary working hours, or after what would be ordinary working hours if the employee be working on a day the employee ordinarily has off, an employee before starting to work such overtime shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates.  The Employer and any employee may agree to any variation of this provision, provided that the Employer shall not be required to make any payments in respect of time allowed in excess of 20 minutes.

 

(iii)       An employee required to work overtime for more than two hours immediately after ordinary finishing time without being notified the day before that the employee would be so required to work shall either be supplied with a meal by the Employer or paid $10.90 for the first meal and for each subsequent meal.  If an employee pursuant to notice has provided a meal or meals and is not required to work overtime, the employee shall be paid as herein prescribed for meals so provided.

 

(iv)       When an employee on day work is required to work during their meal break, the employee shall be paid at the rate of time and a half until the employee is allowed the usual meal interval time, unless the employee is allowed 20 minutes for crib, and is paid overtime for the balance of the meal interval time worked by the employee.

 

(v)        An employee who works four hours' overtime after having had the meal break provided for in subclause (ii) of this clause shall be allowed a further meal break of 20 minutes without deduction of pay if the employee is required to continue working.

 

(vi)       When any employee is required to work overtime so long as to preclude their having at least eight consecutive hours off duty between the ordinary ceasing time of one shift and the ordinary commencing time of the next, the employee shall be entitled to be absent, if the exigencies of the service permit, until the employee has eight consecutive hours off duty without deduction of ordinary pay for ordinary time of duty occurring during such absence; if the exigencies of the service prevent such absence being allowed, the employee shall be paid at the rate of double time for such portion of the eight hours as is worked.

 

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

 

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

 

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

 

(x)        For the purposes of subclause (ix) what is unreasonable or otherwise will be determined having regard to:

 

(a)        any risk to employee health and safety;

 

(b)        the employee's personal circumstances including any family and carer responsibilities;

 

(c)        the needs of the workplace or enterprise;

 

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

 

(e)        any other relevant matter.

 

6.  Rates of Wages, Tools and Special Allowances

 

(i)         Employees of the classifications specified hereunder shall be paid at the following rates of wages per week:

 

Classification	Base*	Tool	Fixed	Fixed	Tradespersons’	SWC	Total
	rate	Allowance	special	Additional	Allowance	2000-	per wk
	per wk	per wk	Allowance	loading	per wk	2007
			per wk	per wk
	$	$	$	$	$	$	$
Bricklayer	366.00	17.10	12.88	59.87	16.25	139.00	611.10
Bridge
Carpenter	366.00	24.20	12.88	59.87	16.25	139.00	618.20
Carpenter and
joiner	366.00	24.20	12.88	59.87	16.25	139.00	618.20
Painter	366.00	5.80	12.88	59.87	16.25	139.00	599.80
Signwriter	375.80	5.80	12.88	59.87	16.25	139.00	599.60
Plaster and
Fibrous
Plaster
Fixer	366.00	20.00	12.88	59.87	16.25	139.00	614.00
Plumber and
Gasfitter	369.10	24.20	12.88	59.87	16.25	121.00	623.30

 

* Please note the base rate includes the now deleted basic wage component of $121.40.

 

Provided that the amount shown as additional loading comprehends consideration for over award payments.

 

(ii)        Without limiting the general meaning, signwriting work shall include making of stencils and stencilling by screen or any other method, and the making and/or fixing of transfers.

 

(iii)       The ordinary hourly rates for employees engaged on leadburning shall be calculated by adding to the hourly rate prescribed for journeyperson plumbers an amount of 58 cents per hour.

 

(iv)       The ordinary hourly rates for employees in the following classifications shall be calculated by adding to the hourly rate prescribed for journeyperson plumbers in this clause and subclause (vi) of this clause, the following rates:

 

(a)        When required to act on a plumbers licence 76 cents

 

(b)        When required to act on a gasfitters licence 76 cents

 

(c)        When required to act on a drainers licence 64 cents

 

(d)        When required to act on a plumbers and gasfitters licence $1.02 cents

 

(e)        When required to act on a plumbers and drainers licence $1.02 cents

 

(f)         When required to act on a gasfitters and drainers licence $1.02 cents

 

(g)        When required to act on a plumbers gasfitter and drainers licence $1.40

 

(h)        When required to act on a Pressure Welding Certificate 44 cents

 

Gasfitting licence shall be deemed to include coal gas, town gas, natural gas, liquid petroleum gas or any other gas where it is required by any State Act of Parliament or regulation that the holder of a licence be responsible for the installation of any such service or services.

 

(v)        Tradespeople covered by this award when employed on large construction projects being constructed by the Public Transport Commission of NSW shall be paid not less than the amount paid to tradespersons of the same class under the Building and Construction Industry (State) Award in respect of wage rate, tool allowance, industry allowance and special allowance. Any disputes between the parties concerning construction work being defined as a large construction project shall be referred to the Industrial Relations Commission of New South Wales for determination.

 

(vi)       A plumber and/or gasfitter and/or drainer who is or will be required to be the holder of a certificate of registration shall be paid 59 cents per hour in addition to his ordinary rate of pay.

 

This allowance shall be paid for all purposes of the Award with the exception of Clause 5 Overtime, in which case it shall be paid at the flat rate and not subject to penalty provisions.

 

(vii)      The allowances contained in subclause (iv) and (vi) of this Clause are applicable to employees working a 40 hour week. Where employees work an average of 38 hours per week in a four week work cycle, the hourly rate indicated is to be multiplied by 40 and divided by 38 to obtain the appropriate hourly rate.

 

6A.  No Extra Claims

 

It is a term of this award arising from the decision of the Commission in Court Session in the State Wage Case of 29 May 1991 that the Union(s) undertake(s), for the duration of the principles determined by that decision, not to pursue any extra claims, award or over-award, except when consistent with those principles.

 

7.  Charge Hands

 

Charge hand tradesmen shall be paid at the rate of the following amounts whilst so employed in addition to rates of wages prescribed by Clause 6, Rates of Wages, Tool and Special Allowances of this Award, for employees of the same classification except in respect of the large construction project allowance.

 

	Per week
	$
When in charge of not less than one and not more than nine employees	76.90
When in charge of ten and not more than fifteen employees	89.60
When in charge of sixteen or more employees	103.00

 

8.  Annual Leave Loading

 

(i)         Any employee who has completed at least one year's service who is regularly on shift work and rostered to work on Sundays and/or public holidays, when proceeding on annual leave, shall be paid a loading at the rate of 20 per cent of the appropriate weekly wage rates prescribed in this award in addition to payment for such leave of absence.

 

(ii)        Any other employee who has completed at least one year's service when proceeding on annual leave shall be paid a loading at the rate of 17 1/2 per cent of the appropriate weekly wage rate prescribed by this award in addition to payment for such leave of absence.

 

9.  Special Rates

 

In addition to the ordinary rates of wages:

 

(i)         High places: A bridge carpenter when required to work at a height of 7.62 metres from the ground, deck floor or water level shall be paid at the rate of 53 cents per hour extra, and 9 cents per hour extra for every additional 3.048 metres.  Height shall be calculated from where it is necessary for the employee to place his hands or tools in order to carry out the work to the ground deck, floor or water level.

 

For the purpose of this paragraph "deck" or "floor" shall mean a substantial structure which, even though temporary is sufficient to protect an employee from falling any further distance and "water level" shall mean in tidal waters the mean water level.

 

This paragraph shall not apply to workers working on suitable scaffolding erected in accordance with the regulations under the Occupational Health and Safety Act 2000 and certified by an inspector as conforming to that Act.

 

(ii)        An employee required to work on the construction of chimneys and air shafts where the construction exceeds 15.24 metres in height, shall be paid for all work above 15.24 metres 50 cents per hour with 11 cents per hour additional for work above each further 15.24 metres.

 

(iii)       Tunnels and sewers: In the case of all employees whose craft award contains a similar provision an employee when engaged in tunnel and sewer work in an underground shaft exceeding 3.048 metres in depth shall be paid such additional minimum rate as is provided for in such craft award.

 

(iv)       Second hand timber: A bridge carpenter or a carpenter and joiner who, whilst working on secondhand timber has their tools damaged by nails, dumps or other foreign matter in the timber shall be paid an allowance of $2.07 for each day upon which his tools are so damaged:  Provided that no allowance shall be payable under this paragraph unless the damage is immediately reported to the Commission's representative on the job in order that he may have an opportunity to properly investigate the matter.

 

(v)        Wet places: An employee when working in any place where his clothing or boots become saturated, whether by water, oil or otherwise shall be paid at the rate of 53 cents per hour extra: provided that this extra rate shall not be payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear; provided further that any employee who becomes entitled to this extra rate shall continue to be paid such extra rate for such part of the day or shift as he is required to work in wet clothing or boots.

 

(vi)       Chokages: A plumber who is employed upon any chokage or oil chokage (other than domestic) and is required to open up any soil pipe, waste pipe or drain conveying offensive material, or scupper containing sewage shall be paid an additional $5.56 per day or part of a day thereof.

 

(vii)      Swing scaffold: A payment of $3.98 for the first four hours or any portion thereof and 78 cents for each hour thereafter on any day shall be made to any person employed:

 

(a)        on any type of swing scaffold or any scaffold suspended by rope or cable, bosuns chair etc.

 

(b)        on a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height of 6 metres or more above the nearest horizontal plane.

 

And further provided that solid plasterers when working off a swing scaffold shall receive an additional 11 cents per hour.

 

(viii)     Insulation: Employee who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool, or other recognised insulation material of a like nature or working in the immediate vicinity so as to be offended by the use thereof, 59 cents per hour or part thereof.

 

(ix)       Hotwork: An employee who works in a place where the temperature has been raised by artificial means to between 46 degrees and 54 degrees Celsius 47 cents per hour or part thereof, exceeding 56 degrees Celsius- 67 cents per hour or part thereof.

 

Where such work continues for more than two hours the employee shall be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided by this sub-clause.

 

(x)        An employee who works in a place the dimensions or nature of which necessitates working in a cramped position or without sufficient ventilation shall be paid 67 cents per hour extra.

 

(xi)       Roof repairs:  Employees engaged on repairs to roofs shall be paid 67 cents per hour.

 

(xii)      An employee who is an authorised operator of explosive power tools shall be paid $1.25 for each day on which he uses such a tool.

 

(xiii)     An employee working on any structure at a height of more than 9.144 metres where an adequate fixed support not less than .762 metres wide is not provided shall be paid 53 cents per hour in addition to ordinary rates. This sub-clause shall not apply to an employee working on a bosuns chair or swinging stage.

 

(xiv)     A painter engaged on all spray application carried out in other than a properly constructed booth, approved by the Department of Commerce shall be paid 53 cents per hour extra.

 

(xv)      Computing quantities: Employees who are regularly required to compute or estimate quantities of materials in respect to the work performed by other employees shall be paid an additional $3.83 per day or part thereof, provided that, this allowance shall not apply to an employee classified as a leading hand and receiving allowance prescribed in Clause 7, Charge Hands of this award.

 

(xvi)     Where an employee is a qualified first-aid person and is employed to carry out the duties of a qualified first-aid person the employee shall be paid an additional rate of $2.29 per day.

 

(xvii)    Applying obnoxious substances:

 

(a)        An employee engaged in either the preparation and/or application of epoxy based materials or materials of a like nature shall be paid 67 cents per hour extra.

 

(b)        In addition employees applying such material in buildings which are normally air-conditioned shall be paid 42 cents per hour extra for any time worked when the air conditioning plant is not operating.

 

(c)        Where there is an absence of adequate natural ventilation the employer shall provide ventilation by artificial means and/or supply an approved type of respirator and in addition, protective clothing shall be supplied where recommended by the Health Commission of New South Wales.

 

(d)        Employees working in close proximity to employees so engaged shall be paid 53 cents per hour extra.

 

(e)        For the purpose of this clause all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

 

(xviii)   Marking-setting-out: A building tradesperson mainly employed marking and/or setting out work for other employees shall be paid an additional margin of $20.13 per week.

 

(xix)      Cleaning down brickwork: A bricklayer required to clean down bricks using acids or other corrosive substances shall be paid 47 cents per hour extra. Whilst so employed employees will be supplied with gloves.

 

(xx)       Bricklayers laying other than standard bricks: Bricklayers employed laying block (other than cindercrete blocks for plugging purposes) shall be paid the following additional rates:

 

Where the blocks with over 5.5 kg and under 9 kg - 53 cents per hour.

 

Where the blocks with 9kg or over up to 18 kg - 96 cents per hour.

 

Where the blocks weigh over 18 kg - $1.34 per hour.

 

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

 

(xxi)      Asbestos: Employees required to use materials containing asbestos or to work in close proximity to employees using such materials shall be provided with, and shall use, all necessary safeguards as required by the appropriate occupational health authority and where such safeguards include the mandatory wearing of protective equipment (i.e. combination overalls and breathing equipment or similar apparatus) such employees shall be paid 67 cents per hour extra while so engaged.

 

(xxii)     Bagging: Employees engaged upon bagging brick or concrete structures shall be paid 47 cents per hour.

 

(xxiii)    Rates not cumulative: Where more than one of the above special rates provides payment for disabilities of substantially the same nature then only the highest of such rates shall be payable. The above rates shall not form part of the ordinary rates of wages for the purpose of calculation of overtime.

 

10.  Saturday Work

 

(i)         Time worked on Saturday shall be paid for at the rate of time and one half for the first two hours and double time thereafter; provided that an employee who attends for work as required on Saturday shall be paid for not less than four hours' work.

 

(ii)        All work performed after 12 noon on Saturday shall be paid for at the rate of double time.

 

(iii)       All time worked with the approval of the Employer between 12 midnight on Friday and 12 midnight on Saturday to make up time lost or to be lost in connection with weekend home visitation shall be paid for at the rate of single time.

 

11.  Sunday Work

 

All time worked on Sunday shall be paid for at the rate of double time; provided that an employee who attends for work as required shall be paid for not less than four hours' work.

 

12.  Picnic Day

 

(i)         The first Monday in December of each year shall be the Union Picnic Day.

 

(ii)        All employees shall as far as practicable be given and shall take this day as Picnic Day and shall be paid therefore as for eight hours' work at the rate of pay prescribed in clause 6, Rates of Wages, Tool and Special Allowances.  Any employee required to work on this day shall be paid at the rate of double time and one half; provided that an employee who attends for work as required on this day shall be paid for not less than four hours' work.

 

(iii)       The Employer may require from an employee evidence of attendance or desired attendance at the picnic and the production of the butt of a picnic ticket purchased for the picnic shall be sufficient evidence to satisfy this requirement.  Where such evidence is requested by the Employer, payment need not be made unless the evidence is produced.

 

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

 

(v)        An employee who is not required by the Employer to work in the area in which normally employed on the Picnic Day and who does not purchase a ticket for the picnic shall be provided with alternative duties on that day.  Such duties to be at the discretion of the Employer.

 

(vi)       The employee who so elects to work in accordance with subclause (v) of this clause shall not be entitled to a day's leave in lieu thereof.

 

(Subclauses (iii), (v) and (vi) of this clause inserted matter no. 1455/86 op. 5.12.86.)

 

 

 

13.  Travelling Time and Fares

 

(i)         All time occupied in travelling in excess of 20 minutes each way between the camp and the place of work shall be paid for at the prescribed rate.  Walking time shall be at the rate of a mile in 20 minutes.

 

(ii)        All fares actually and reasonably incurred by an employee in travelling to and from their place of employment in excess of $1.00 per week or, in the case of employees engaged for less than one week, 20 cents per day, shall be paid by the Employer; provided that, if an employee travels to work by a conveyance of their own, the fares to be allowed shall be calculated as if travel were made in the ordinary way.

 

(iii)       Provided that employees may elect on an annual basis to take a home and duty pass or have the benefit of the provisions of this clause.  Provided further that persons employed after 9 July 1990 shall be issued with a home and duty pass in lieu of the rates in this clause.

 

(Subclause (iii) of this clause inserted matter no. 769/91 op. 27.9.91.)

 

14.  Distant Jobs

 

(i)         For the purpose of this clause, a "distant job" is a job the location of which makes it impracticable for an employee to return from such job to their residence daily.

 

(ii)

 

(a)        An employee sent to a distant job shall be conveyed thereto, with tools, free of charge.

 

(b)        An employee who has been sent to a distant job shall, upon ceasing work at the distant job, be conveyed with tools from the distant job, either to the place whence they were sent or to their residence or to the railway station nearest their residence, whichever be the nearest to the distant job, free of charge; provided that the employee:

 

(1)        is not discharged for incompetence within one week after commencing work on the job;

 

(2)        is not discharged for misconduct within three months after commencing on the job;

 

(3)        does not leave the job of their own volition within three months after commencing on the job.

 

(iii)

 

(a)        An employee who is sent to a distant job shall be paid at the rate of single time for the time occupied in travelling between either the place whence they are sent or their residence or the railway station nearest to their residence, whichever be the nearest to the distant job, and the distant job.

 

(b)        An employee who has been sent to a distant job shall, upon ceasing work at the distant job, be paid at the rate of single time for time occupied in travelling between the distant job and either the place whence they were sent or their residence or the railway station nearest their residence, whichever be the nearest to the distant job, provided that the employee:

 

(1)        is not discharged for incompetence within one week after commencing work on the job; or

 

(2)        is not discharged for misconduct within three months after commencing work on the job; or

 

(3)        does not leave the job of their own volition within three months after commencing on the job.

 

(c)        In no case shall payment for travelling time exceed one day's wages at single time in a period of 24 hours and the said period of 24 hours shall commence when the travelling time first commences in that period, and there shall be only one such commencement in each period of 24 hours.  They shall be paid also an amount of $14.30 to cover the expenses, if any, of reaching their home and of transporting their tools.

 

(iv)       An employee working on a distant job who is provided with the same camping and related facilities as are prescribed by the award applying to the majority of the employees of the Employer on the project shall be deemed to be "in camp" and shall be paid an allowance of $12.90 for each day upon which the location of their work requires the employee to remain in camp.

 

(v)        An employee working on a distant job when not required to camp shall be provided by the Employer with reasonable board and lodging or paid an allowance of $381.10 per week of seven days.  In the case of broken parts of a week occurring at the beginning or end of a period during which and employee is working on a distant job, the allowances shall be all living expenses actually and reasonable incurred, but not exceeding $381.10.

 

(vi)       An employee claiming payment of any allowance under this clause shall produce evidence satisfactory to the Employer that the employee is entitled to the payment claimed.

 

(vii)      Allowances paid, pursuant to this clause, shall not be wages for any purpose of this award.

 

(viii)     Where an employee is travelling to or from distant work, the employee shall be entitled to a meal allowance of $10.90 for each meal incurred.

 

15.  Inducement Allowances

 

(i)         An employee stationed permanently on the following lines:

 

West of Euabalong West to Broken Hill

 

West and north-west of Nevertire to Cobar, Bourke and Brewarrina

 

West and north-west of Wee Waa to Walgett and Pokataroo

 

North and north-west of Edgeroi to Mungindi and Wubbera

 

shall be paid an allowance as follows:

 

 

(ii)        An employee with a spouse or partner who is also entitled to the allowance shall be regarded as an employee without dependants for the calculation of the allowance.

 

(iii)       Where at 5 September 2002 an employee was entitled to the allowance at the dependant/s rate, that employee shall continue to be paid at the dependant/s rate.

 

(iv)       Where an employee in receipt of an inducement allowance acts temporarily in his/her own classification or in a lower classification in an area which does not entitle the employee to an inducement allowance, he/she shall be paid at his/her normal rate plus the inducement allowance for the area in which he/she is permanently stationed.

 

(v)        Where an employee in receipt of an inducement allowance acts temporarily in a higher classification in an area which does entitle the employee to an inducement allowance, he/she shall be paid the acting rate plus the inducement allowance for the area in which he/she is permanently stationed.

 

(vi)       The allowance is paid for ordinary time only.

 

(vii)      For the purpose of this clause, a dependant means a spouse in either a marital or de facto relationship, including a same sex partner who resides with the officer on a bona fide domestic basis; or a child or parent of the officer or of the spouse or partner who ordinarily resides with the officer and is wholly or substantially dependant on the officer.

 

16.  Sick Leave

 

An employee who, after not less than three months' continuous service in their current employment, is unable to attend for duty during their ordinary working hours by reason of personal illness or personal incapacity (including incapacity resulting from injury within the Workers Compensation Act 1987 and or Workplace Injury Management Act 1998) not due to their own serious and wilful misconduct shall be entitled to be paid at the rate of single time for the period of such non-attendance, subject to the following:

 

(i)         Payment in connection with sick leave is to be made on the next regular pay day after the employee reports sick and such payment shall continue on regular pay days until the employee exhausts their sick leave or resumes duty.

 

(ii)        They shall not be entitled to be paid leave of absence for any period in respect of which they are entitled to workers compensation.

 

(iii)       They shall, within 24 hours of the commencement of such absence, inform the Employer or their representative of their inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of same.

 

(iv)       They shall prove to the satisfaction of the Employer (or in the event of a dispute the Industrial Relations Commission) that the employee is or was unable on account of such illness or incapacity to attend for duty on the days or days for which payment under this clause is claimed.

 

(v)        An employee shall not be entitled in respect of any year of continued employment to sick pay for more than 76 ordinary working hours.  Any period of paid sick leave allowed by the Employer to any employee in any such year shall be deducted from the period of sick leave which may be allowed or carried forward under this award in or in respect of such year.  Each hour of sick leave paid shall count for accrual purposes for clearance of accrued day off.

 

(vi)       The rights under this clause shall accumulate from year to year so long as their employment continues with the Employer so that any part of 76 hours which has not been allowed in any year may be claimed by the employee and shall be allowed by the Employer subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.  Any rights which accumulate pursuant to this subclause shall be allowed by the Employer in any subsequent year of employment.

 

(vii)      For the purpose of this clause, "continuous services" shall be deemed not to have been broken by:

 

(a)        any absence from work no leave granted by the Employer; or

 

(b)        any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall in each case be upon the employee).

 

Provided that any such absence as aforesaid shall not be counted in computing the qualifying period of three months.

 

(viii)     Service with the Employer before the date of coming into operation of this award shall be counted as service for the purpose of qualifying thereunder.

 

17.  Payment of Wages

 

(i)         One day of each period shall be recognised as pay day for each job. It shall be not later than the same day in each period. When or before payment of wages is made to an employee they shall be issued with a docket showing at least the gross amount of wages and the amount of any deductions which are made from his earnings. Employees shall be paid during ordinary working hours. If they are paid during the usual mealtime such time so occupied shall be added to the actual mealtime.

 

(ii)        Any employee required to wait after their ordinary ceasing time to receive his wages shall be paid at ordinary rates for all time kept waiting to be paid. When employees are discharged, except for misconduct they shall be paid all wages due to them at the time of their discharge. In the case of discharge for misconduct or of resignation they shall be paid all wages due to them within twenty-four hours after discharge or the timekeeper and/or ganger is notified of resignation by the employee. In the case of any delay beyond the time herein stated they shall be paid at ordinary rates for all working time they are kept waiting.

 

(iii)       Provided that payment of wages shall be by electronic funds transfer to account.  In cases where hardship may occur due to inaccessibility of facilities, consideration will be given to payment by cheque.

 

(3rd subclause of Clause 15 inserted matter no. 769/91 op. 27.9.91)

 

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

 

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

 

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

 

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

 

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

 

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

 

(f)         Monies so deducted from employees' pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:

 

(g)        where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

 

(h)        where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

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

 

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

 

(k)        An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

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

 

(m)       In the case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 14th May 2004.

 

(n)        In the case of employers who do not fall within subparagraph (m) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees' pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 14th August 2004.

 

(o)        For all other employers, from the beginning of the first pay period to commence on or after 14th November 2004.

 

18.  Amenities

 

(i)         The Employer shall provide, at all camps, sanitary conveniences in accordance with the requirements of the local health authorities but, in any case, not of a lower standard than the following:

 

(a)        the sanitary conveniences shall be so located as to preclude the possibility of contamination of the water supply and/or foodstuffs of the employees;

 

(b)        the conveniences shall be fly-proof and shall have sufficient covering to provide for shade and protection from weather and to ensure decency;

 

(c)        one seat shall be provided for each 10 employees and each seat shall be separately partitioned off;

 

(d)        sufficient and proper material shall be supplied to render the conveniences innocuous;

 

(e)        the conveniences shall be maintained in a clean condition.

 

(ii)        The Employer shall provide adequate drainage for all camps.

 

(iii)       The Employer shall on all jobs:

 

(a)        make reasonable provision to enable employees to eat their lunch, to change and keep their clothes and to shelter;

 

(b)        provide clean, fresh and, as far as reasonably practicable, cool drinking water at all times;

 

(c)        provide within easy access, sufficient boiling water for the use of employees at meal breaks and at rest periods;

 

(d)        provide sanitary conveniences reasonably accessible to all employees.

 

19.  Clothing and Tools

 

(i)         A bricklayer who in the course of their work is required to use muriatic acid shall be provided by the Employer with protective clothing.

 

(ii)        The Employer shall provide for the use of employees tools, as herein prescribed, when such tools are required for the work to be performed by the employees:

 

(a)        For bricklayers -

 

Scutch combs

 

Hammers excepting mash and brick hammers

 

Rubber mallets

 

T-squares

 

(b)        For carpenters -

 

Dogs and cramps of all descriptions

 

Bars of all descriptions over 24 inches long

 

Augers of all sizes

 

Star bits and bits not ordinarily used in a brace

 

Hammers except claw hammers and tack-hammers glue pots and glue brushes

 

Dowell plates

 

Trammels

 

Hand and thumb screws

 

(c)        For plumbers -

 

Metal pots

 

Mandrills

 

Long dummies

 

Stock and dies for iron, copper and brass pipes

 

Cutters

 

Tongs

 

Tops and drills

 

Vices

 

Ratchets

 

Cramps

 

Caulking tools

 

Hacksaws and blades

 

Files

 

Welding and brazing outfits, including goggles where necessary

 

Soldering irons of 1 1/2 lbs or over

 

All shop tools (the usual kitbag of tools only to be supplied by the employees)

 

(iii)

 

(a)        Saw-sharpening and tool-grinding may be done by employees during working hours.

 

(b)        The Employer shall provide for the use of carpenters and joiners and bridge carpenters files for sharpening saws and grindstones.  If the grindstone is not driven by steam or other mechanical power, assistance shall be provided to turn it.

 

(iv)

 

(a)        A suitable lock-up place for tools shall be provided by the Employer at each depot.

 

(b)        A suitable lock-up place for tools shall be provided by the Employer at each place of work except where a place of work is in close proximity to the depot and provision is made for employees to deposit their tools in the lock-up at the depot within working hours.

 

(c)        Lock-up places for tools shall be such as to provide for protection against fire and inclement weather and security against theft.

 

(v)        In the case of an employee whose craft award contains a similar provision, the Employer shall insure and keep insured against loss of damage by fire of theft whilst on their premises such tools of the employee as are used by the employee in the course of their employment.

 

The employee if requested so to do shall furnish to the Employer a list of all their tools so used by them.

 

(vi)       An employee whose clothing or tools are damaged by acids or sulphur or other deleterious substance due to the circumstances of their employment shall be recompensed by the Employer to the extent of their loss; provided that this subclause shall not apply if it be proved that such damage was caused by the employee's negligence.

 

20.  Union Notices

 

The Secretary of any of the Unions whose members are provided for in this award shall be entitled to post Union notices not exceeding 14 inches by 9 inches in a suitable place agreed upon with the Employer; provided that any representative of the Employer shall be entitled to remove any notice which the Employer thinks should be removed on the ground that it is offensive or objectionable.

 

21.  Notation

 

The rates of wages prescribed by this award are subject to alteration during the currency of the award in the event of the Industrial Relations Commission making a determination pursuant to the Industrial Relations Act 1996.

 

22.  Leave Reserved

 

Leave is reserved to the Unions to apply in respect of the following matters:

 

(a)        For an extra rate for applying obnoxious substances.

 

(b)        Travelling Time.  Sick Leave.

 

23.  Personal/Carer's Leave

 

1.1        Use of Sick Leave

 

1.1.1     An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph 1.1.3(ii) of this clause who needs the employee’s care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

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

 

1.1.3     The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

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

 

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

 

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

 

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

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family group living in the same domestic dwelling.

 

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

 

1.2        Unpaid Leave for Family Purpose

 

1.2.1     An employee may elect, with the consent of the Employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph 1.1.3(ii) above who is ill.

 

1.3        Annual Leave

 

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

 

1.3.2     Access to annual leave, as prescribed in paragraph 1.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

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

 

1.4        Time Off in Lieu of Payment for Overtime

 

1.4.1     An employee may elect, with the consent of the Employer, to take time off in lieu of payment for overtime at a time or times agreed with the Employer within 12 months of the said election.

 

1.4.2     Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.

 

1.4.3     If, having elected to take time as leave in according with paragraph 1.4.1 above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

1.4.4     Where no election is made in accordance with paragraph 1.4.1 above, the employee shall be paid overtime rates in accordance with the award.

 

1.5        Make-up Time

 

1.5.1     An employee may elect, with the consent of the Employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award at the ordinary rate of pay.

 

1.5.2     An employee on shift work may elect, with the consent of the Employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time at a later time) at the shift work rate which would have been applicable to the hours taken off.

 

1.6        Rostered Days Off

 

1.6.1     An employee may elect, with the consent of the Employer, to take a rostered day off at any time.

 

1.6.2     An employee may elect, with the consent of the Employer, to take rostered days off in part-day amounts.

 

1.6.3     An employee may elect, with the consent of the Employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the Employer and employee, or subject to reasonable notice by the employee or the Employer.

 

1.6.4     This subclause is subject to the Employer informing each Union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Unions to participate in negotiations.

 

24.  Dispute Resolution Procedure

 

(1)        Any grievance, claim or dispute which arises shall, subject to the delegation of the supervisor concerned and provided the grievance, claim or dispute relates to a local matter only and its resolution will not have a repercussive impact on other locations, be settled where possible at the workplace between the employee concerned and their immediate supervisor.

 

(2)        If the problem is not resolved at this level, it is to be discussed between the employees concerned, the accredited local Union representative and the local controlling officer.

 

(3)        Should the problem be incapable of resolution at the local level, the Employer and the Union involved will confer and prompt arrangements shall be made for accredited representatives of the Union to discuss the matter with the line manager or their representative, together with officers of the Industrial Relations and/or Human Resource sections.

 

(4)        If the problem remains unresolved, the General Manager, Employee Relations, or their nominee and the President or Secretary of the State or Federal Branch of the Union concerned or their nominee, whichever is appropriate, should confer and take appropriate action to arrive at an agreement on the matters in dispute.

 

(5)        At any stage of the procedures, the parties may, by agreement, seek the assistance of a member of the appropriate industrial tribunal or a mutually acceptable neutral arbitrator for the purpose of endeavouring to conciliate or, by agreement, arbitrate on the matter.

 

(6)        In the event of failure to resolve the matters by Steps (1) to (5) and where the parties are unable to agree that the matters be determined by the appropriate industrial tribunal, the Union(s) concerned, before taking any action which would affect the operation of the service or members of other Unions, shall forthwith notify Unions New South Wales of the existence of the dispute, following upon which a cooling-off period of 72 hours, excluding weekends and public holidays, shall apply to enable the Unions New South Wales to assist in the resolution of the dispute.  A copy of the notification shall be forwarded to the Employer .

 

(7)        During the progress of all Steps (1) to (6), as indicated above (i.e. until the expiration of a 72-hour notice of dispute), no changes will be implemented that are in dispute and work shall continue as normal, except where there is a bona fide safety issue involved.

 

(8)        Should a dispute still remain after the above procedures have been followed, either party shall be free to take the course they consider appropriate, including referral of the matter to the Australian Industrial Relations Commission for conciliation or arbitration within the Commission's jurisdiction.

 

(9)        Where a Union lodges a claim or is in dispute with the Employer over the claim, the parties shall follow the procedures set out herein.

 

(10)      In the event of any breach or threatened breach of the procedures outlined in Steps (1) to (6) by either party or in the event of a dispute existing, Unions New South Wales and the Employer will confer immediately and take whatever action is necessary to resolve the matter.

 

(11)      In the event of a demarcation dispute arising, the above procedures shall be observed and work shall continue as normal where it is agreed there is an existing custom; otherwise work shall be continued at the instruction of the Employer.

 

(12)      Stoppages directed by Unions New South Wales or the ACTU and generally applying in industry are exempted from this provision.

 

(13)      Nothing contained herein shall preclude either the Employer or Unions New South Wales from entering into direct negotiations on any matter.

 

25.  Redundancy

 

25.1      Definition

 

"Redundancy" means:

 

(a)        a situation where an employee who has less than 12 months' employment with their current employer and ceases to be employed by an employer, other than for reasons of misconduct or refusal of duty or termination of employment by the employee;

 

(b)        a situation where an employee who has more than 12 months' employment with their current employer and ceases to be employed by an employer, respondent to the award, other than for reasons of misconduct or refusal of duty.

 

"Redundant" has a corresponding meaning.

 

25.2      Redundancy Pay

 

A redundant employee shall receive redundancy/severance payments, calculated as follows, in respect of all continuous service with their employer.

 

 

Provided that, where the employee is terminated by the Employer for reasons other than misconduct or refusal of duty and the employee has been employed for less than 12 months' continuous service, then the employee shall be entitled to a redundancy/severance payment of 1.75 hours per week of service.

 

25.3      "Week's pay" means the ordinary-time rate of pay at the time of termination for the employee concerned.

 

25.4      If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay, such redundancy pay entitlement shall be paid to the estate of the employee.

 

25.5

 

(i)         Any period of service as a casual employee shall not entitle an employee to accrue service in accordance with this clause for that period.

 

(ii)        Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the employee completes an apprenticeship and remains in employment with that employer for a further 12 months.

 

25.6      An employer bound by this award may utilise a fund to meet all or some of the liabilities created by this clause.  Where an employer utilises such a fund:

 

(i)         payments made by a fund designed to meet an employer's liabilities under this clause, to employees eligible for redundancy/severance pay shall be set off against the liability of the Employer under this clause, and the employee shall receive the fund payment or the award benefit, whichever is the greater but not both; or

 

(ii)        where a fund which has been established pursuant to an agreement between unions and employers does not make payments in accordance with this clause, contributions made by an employer on behalf of an employee to the fund shall, to the extent of those contributions, be set off against the liability of the Employer under this clause, and payments to the employee shall be made in accordance with the rules of the fund or any agreement relating thereto and the employee shall be entitled to the fund benefit or the award benefit, whichever is greater but not both.

 

25.7      Service as an employee for Crown in the Right of the State of New South Wales shall not be counted as service for the purpose of this clause.

 

25.8      An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and, if this occurs, shall be entitled to the provisions of this clause as if the employee remains with the Employer until expiry of such notice.  Provided that, in such circumstances, the employee shall not be entitled to payment in lieu of notice.

 

25.9      Transmission of Business

 

(i)         Where a business is, before or after the date of this award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

 

(a)        the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

 

(b)       the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

 

(ii)        In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

 

26.  Occupational Health and Safety for Employees of Labour Hire Employers

 

26.1      Occupational Health and Safety for employees of labour hire employers

 

(i)         For the purposes of this subclause, the following definitions shall apply:

 

(1)        A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(2)        A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

(ii)        The employer engaging a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

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

 

(2)        provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(3)        provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(4)        ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(iii)       Nothing in this subclause is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(iv)       Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

(v)        This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

27.  Area, Incidence and Duration

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Government Railways (Building Trades Construction Staff) Award published 13 May 2005 (350 I.G. 1070).

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 20 February 2008.

 

This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

 

 

J. McLEAY, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.