(349)

SERIAL C0801

 

GENERAL CONSTRUCTION AND MAINTENANCE, CIVIL AND MECHANICAL ENGINEERING, &C. (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.

 

(No. IRC 4826 of 1999)

 

Before The Honourable Justice Walton, Vice-President	20 August 2001
Mr Deputy President Sams
Commissioner O'Neill
Commissioner O'Neill	23 August 2001

 

 

REVIEWED AWARD

 

PART A

 

Clause No.	Subject Matter
1	Short Title
2	Anti-Discrimination
3	Wages
4	Superannuation
5	Special Rates
6	Hours of Labour
7	Test of Workings
8	Machine Work
9	Ventilation of Workings
10	Wet Weather
11	Rail and Sleeper Lifting and Dolly
12	Tools
13	Reporting for Duty
14	Mixed Functions
15	Protective Clothing
16	Overtime
17	Meal Allowance
18	Sick Leave
18A	Personal/Carer’s Leave
19	Long Service Leave and Annual Holidays
20	Annual Holidays Loading
21	Holidays
22	Change and Shelter Sheds
23	Tea Break and Drinking Wager
24	Camping Area
25	Compensation for Travel Patterns, Mobility Requirements of Employees and the Nature of Employment in the Construction Work Covered by this Award
26	Country Work
27	First Aid
28	Job Representative
29	Payment of Wages and Termination of Employment
30	Redundancy
31	Automation and Mechanization
32	Definitions
32A	Award Modernisation
32B	Structural efficiency Exercise
32C	Enterprise Arrangements
33	Damage to Clothing
34	Bereavement Leave
35	Jury Service
36	Settlement of Disputes
37	Leave Reserved
38	Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

 

1.         SHORT TITLE

 

This award shall be known by the title of General Construction (State) Award.

 

2.         ANTI-DISCRIMINATION

 

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

 

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

 

(3)        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.

 

(4)        Nothing in this clause is 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.

 

(5)        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".

 

3.         WAGES

 

(i)         (a)        Wage rates shown in Column 1 of Table 1 - Wages, of Part B, Monetary Rates, are unloaded rates and shall be adjusted to include industry allowance, follow the job loading (where applicable), sick leave loading and travel pattern loading.

 

(b)        For the purpose of calculating the Total All Purpose Hourly Rate rounded to the nearest cent appearing in Column 2 of the said Table 1, the following formula of calculation shall apply:-

 

The weekly-unloaded rate which includes the Arbitrated Safety Net Adjustments prescribed in subclause (ii) of this clause.

 

Add the Industry Allowance as prescribed in paragraph (b) of subclause (iii) of this clause.

 

Multiply this subtotal by fifty two over fifty point four (52/50.4).

 

Add Sick Leave Loading as prescribed in paragraph (a) of subclause (iii) of this clause.

 

Add to this subtotal the amount prescribed in Clause 25, Compensation for Travel Patterns, Mobility Requirements of Employees and the Nature of Employment in the Construction Work Covered by this Award, as set out in Item 31 of Table 2 - Other Rates and Allowances, of the said Part B, and divide the total by 38 rounded to the nearest cent.

 

(ii)        The rates of pay in this award include the adjustments payable under State Wage Case 2001.  This adjustment may be offset against:

 

(a)        any equivalent overaward payments, and/or

 

(b)        award wage increases since 29 May 1991 other than safety net adjustments and minimum rates adjustments.

 

(iii)

 

(a)        Sick Leave Allowance - the amount per hour for all purposes as set out in Item 1 of the said Table 2, calculated at the rate per week as set out in the said Item 1, shall be added to the hourly rate prescribed. These amounts have been calculated to include a loading for loss due to non-accumulation of sick leave whilst being paid under this clause.

 

(b)        Industry Allowance - Employees working in the open on civil and/or mechanical engineering projects and thereby being subjected to climatic conditions, i.e., dust blowing in the wind, dripping from newly poured concrete, sloppy and muddy conditions, the lack of usual amenities associated with factory work (e.g., meal rooms, change rooms, lockers, etc.) shall be paid an additional amount per hour for all purposes as set out in Item 2 of the said Table 2, calculated at the rate per week as set out in the said Item 2, to the rate prescribed.

 

(iv)       An employee appointed as a leading hand shall be paid an amount per hour as set out in Item 3 of the said Table 2.

 

4.         SUPERANNUATION

 

(i)         Definitions ‑ for the purpose of this Clause:

 

(a)        "The Fund" shall mean any fund which complies with the Commonwealth Operation Standards for Occupational Superannuation Funds and which has received appropriate preliminary listing for Superannuation Funds.

 

(b)        "the Employer" shall mean any Employer engaged in the industry to which Clause 38, Area, Incidence and Duration applies.

 

(c)        "the Employee" shall mean any employee engaged under the terms of this award.

 

(d)        "ordinary time earnings" shall mean the wages and allowances as specified in Clause 3, Wages, and paragraph (b) of sub‑clause (i) of Clause 25. Compensation for Travel Patterns, etc., of this award.

 

(ii)        Contributions

 

(a)        Each employer bound by this award shall sign and execute a Deed of Adherence for the appropriate fund. Upon acceptance of the Deed by the Trustees of the Fund the employer shall, without delay, notify his/her employees who shall sign and execute an application for membership for the appropriate Fund. The employer shall pay to the Trustees of the Fund a weekly contribution, payable monthly, on behalf of each employee who has signed and executed an Application for membership for the appropriate Fund.

 

(b)        The employer shall pay to the Trustees of the Fund on behalf of each employee a contribution in accordance with the Superannuation Guarantee Act 1997 for each week of employment.

 

(c)        Contributions shall be payable from the date on which the employee signs and executes the application for membership referred to in paragraph (a) hereof, provided that the employer shall not be required to make payment to the Trustees of the Fund referred to in paragraph (a) hereof until a period of two (2) weeks has elapsed from the commencement of employment.

 

(d)        The contribution rate will be reviewed in accordance with decisions made from time to time by agreements entered into by the parties to the award.

 

(iii)       Exemptions

 

(a)        Where on‑site work in the construction industry is being performed and employers are contributing, for the period of such work on behalf of their employees to:

 

‑           Building Unions Superannuation Scheme (C+BUS); or

 

‑           Australian Superannuation Savings Employment Trust (A.S.S.E.T.); or

 

(b)        to members of the Metal Trades Industry Association, who are not members of any other Employer Organisation, and who employ a majority of their employees in metal manufacturing work.

 

In which case the Trustees of the Fund will grant an exemption from the terms of this Clause.

 

(iv)       Expenses

 

The expenses incurred in the administration of the Fund shall be paid out of the assets of the Fund not by the employers nor the Unions.

 

5.         SPECIAL RATES

 

(i)         Working in the Rain -

 

(a)        All employees called upon to work in the rain, including tippersons and/or bracepersons employed in connection with underground work, shall be paid an amount per day as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates

 

(b)        All maintenance patrolpersons shall be supplied with oilskins and gumboots, free of charge, by the employer. Such clothing shall be issued in good condition and shall be retained by the employee during the period of his/her employment. It shall be renewed by the employer when required. Patrolmen shall not be entitled to payment of the allowance provided by this clause.

 

(ii)        Wet Places and Slurry ‑

 

(a)

 

(1)        Employers shall pay employees working in wet places an amount per hour as set out in Item 5 of the said table 2 in addition to their ordinary rates, irrespective of the time worked.

 

(2)        For the purpose of this clause a place shall be deemed to be wet when water, other than rain, is falling so that the clothing of the employee shall be appreciably wet and/or when the water in the place where the employee is working is sufficient to saturate the boots of the employee.

 

(3)        In all underground workings which are wet, waterproof overalls shall be provided by the employer, free of charge, if necessary.

 

(4)        When an employee is required to work in water to a depth of ‑

 

(i)         Over 45.7 cm they shall be paid an amount per day as set out in Item 6 of the said Table 2;

 

(ii)        Over 91.4 cm they shall be paid an amount per day as set out in Item 7 of the said Table 2.

 

(b)        Where an employee is called upon to work in slurry he/she shall be paid an amount per hour as set out in Item 8 of the said Table 2, in addition to the ordinary rate, irrespective of the time so worked.

 

(c)        An employee shall not be entitled to wet pay and slurry pay during the same period of time.

 

(d)        The rates prescribed in this clause shall not be payable to an employee who is provided with suitable protective clothing and/or footwear except when working in slurry over 15.2 cm in depth.

 

(iii)       Removal of Snow ‑ employees engaged in the removal of snow shall be paid the following rates in addition to their ordinary rate:

 

Where the snow is 15.2 cm or more in depth ‑ an amount per day as set out in Item 9 of the said Table 2;

 

Where the snow is more than 2.5 cm and less than 15.2 cm in depth ‑ an amount as set out in the said Item 9.

 

(iv)       Confined Space ‑ Employees employed on bridge and wharf and road construction, who work in a place the dimensions of which necessitate working in a cramped position or without sufficient ventilation, shall be paid an allowance per hour as set out in Item 10 of the said Table 2, in addition to their ordinary rates whilst so engaged; provided that the extra rate herein prescribed for confined spaces shall not be payable unless the foreperson in charge of the job certifies that the conditions of the job require that the employees shall work in a stooped or otherwise cramped position or without proper ventilation. Should the foreperson's decision be in dispute the matter shall be referred to the Industrial Committee.

 

In so far as this sub‑clause applies to roads the allowance shall not be payable to employees working inside pipes, conduits, access holes and culverts.

 

(v)        Distant Places ‑

(a)        All employees, working in districts west and north of and excluding State Highway No. 17 from Tocumwal to Gilgandra, State Highway No. 11 from Gilgandra to Tamworth, Trunk Road No. 73 to Yetman and State Highway No. 16 to Boggabilla up to the Western Division boundary and excluding the municipalities through which the road passes, shall be paid an amount per day as set out in Item 11 of the said Table 2; all employees working in the Western Division of the State shall be paid an amount per day as set out in the said Item 11.

 

(b)        All employees, working within the area bounded by and inclusive of the Snowy River, the New South Wales border to Dalgety thence by road directly from Dalgety to Berridale and on the Snowy Mountains Highway at Adaminaby, thence to Blowering, thence by a line drawn from Blowering southwest to Welaregang and on to the Murray River, thence in a southeasterly direction along the New South Wales border to the point of commencement shall be paid an amount per day as set out in Item 12 of the said Table 2.

 

(vi)       Road Construction ‑ Employees engaged on road construction within the area bounded by and inclusive of the Queensland border on the north, State Highway No. 9 from Wallangarra to Bendemeer on the west, State Highway No. 11 from Bendemeer to Port Macquarie on the south and the coastline from Port Macquarie to Tweed Heads on the east, shall be paid an amount per day as set out in Item 13 of the said Table 2.

 

(vii)      Height Money ‑ Employees working on any structure at a height of more than 9.1 metres where an adequate fixed support of not less than 76.2 cm wide is not provided, shall be paid an amount per hour as set out in Item 14 of the said Table 2 in addition to their ordinary rates.

 

(viii)     Explosive Power Tools - employees required to use explosive powered tools shall be paid an amount per day as set out in Item 15 of the said Table 2 for each day used.

 

(ix)       Bricklayers' Labourers Lifting Other than Standard Bricks ‑

 

A bricklayer's labourer required to lift blocks (other than cindcrete blocks for plugging purposes) shall be paid the following additional rates:

 

Where the blocks weigh over 5.5 kg and under 9 kg ‑ an amount per hour as set out in Item 16 of the said Table 2.

 

Where the blocks weigh 9 kg or over up to 18 kg ‑ an amount per hour as set out in the said Item 16.

 

Where the blocks weigh over 18 kg ‑ an amount per hour as set out in the said Item 16.

 

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

 

(x)        Roof Repairs ‑ An employee engaged in the fixing or repairing of a roof in excess of 12.2 metres in height above the nearest floor level shall be paid an amount per hour as set out in Item 17 of the said Table 2. This subclause shall apply in lieu of any payment arising under subclause (vii).

 

(xi)       Applying Obnoxious Substances ‑

 

(a)        an employee engaged in either the preparation and/or the application of epoxy based materials or weedicide or pesticide or materials of a like nature shall be paid an amount per hour  as set out in Item 18 of the said Table 2.

 

(b)        when there is an absence of adequate natural 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.

 

(c)        employees working in close proximity to employees so engaged shall be paid an amount per hour as set out in Item 19 of the said Table 2.

 

(d)        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.

 

(xii)      Cleaning Down Brickwork ‑ An employee required to clean down bricks using acids or other corrosive substances shall be paid an amount per hour as set out in Item 20 of the said Table 2. While so employed employees will be supplied with gloves by the employer.

 

(xiii)     Refractory Brickwork ‑ An employee engaged in the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be paid an amount per hour as set out in Item 21 of the said Table 2 whilst so engaged.

 

(xiv)     Towers Allowance

 

(i)         An employee working on a chimney stack, spire, tower radio or television mast, or tower air shaft, cooling tower, water tower, or silo, where the construction exceeds fifteen metres in height shall be paid for all work above fifteen metres, an amount per hour as set out in Item 22 of the said Table 2, with an amount per hour additional as set out in the said Item 22 for work above each further fifteen metres.

 

(ii)        This allowance shall not apply in addition to height money as prescribed in subclause (vii) of this clause.

 

(xv)      Employees involved in road construction work in the Illawarra region working in areas where coal wash is being unloaded, handled or spread shall be paid the amount per hour as set out in Item 23 of the said Table 2.  This allowance shall be paid in substitution for any rate which might otherwise be payable for dirty, wet, confined spaces or similar disability.

 

(xvi)     Employees engaged under the classification "Tow Truck Attendant ‑ Sydney Harbour Bridge Approaches", appearing in Table 1 - wages, of Part B, Monetary Rates shall be paid an allowance per hour as set out in Item 24 of the said Table 2 for each hour or part thereof worked, if any part of this shift is worked on the roadway of the Sydney Harbour Bridge and approaches. Such allowance shall also be paid when the employee is engaged on overtime on the said paid work. The allowance is to compensate for the extra degree of exposure to traffic hazard and shall be paid only to employees engaged under the said classification who actually do the work on the roadway of the Sydney Harbour Bridge and approaches.

 

(xvii)    Dust Allowance ‑ Employees in the classification of weigher and batcher employed in the packaging and ancillary tasks of dry‑mix sand and cement and other materials shall be paid an allowance per week as set out in Item 25 of the said Table 2 in consideration of dust.

 

6.         HOURS OF LABOUR

 

(i)

 

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

 

(1)        The ordinary working hours shall be worked as a twenty‑day four‑week cycle Monday to Friday inclusive with nineteen working days of eight hours each between the hours of 7.00 a.m. and 5.00 p.m., with 0.4 of one hour on each day worked accruing as an entitlement to take the fourth Monday in each cycle as a day off paid for as though worked.

 

Provided that where the majority of employees on any particular section of work agree, and the employer or employer's representative agrees in writing, an alternative day in the four‑week cycle may be substituted for the fourth Monday as the day off paid as though worked, and where such agreement is reached all provisions of this Award shall apply as if such day was the prescribed fourth Monday.

 

Provided further that where such agreement is reached an alternative day in the four‑week cycle shall apply subject to the following procedure being observed:

 

(i)         Within twenty‑four hours of the employer obtaining agreement with his/her employees, he/she shall notify by letter or telegram, the Union as to the existence of the agreement in writing between the employer and the majority of employees for an alternative day in the four‑week cycle.

 

(ii)        The employer shall also inform a registered Industrial Union of Employers, which is a party to this Award

 

(iii)       A period of five working days shall be allowed to pass from the day on which the employer informs the Union, before the agreement is implemented.

 

(iv)       Such an agreement shall be put into effect after the passage of the five day period of notice unless a party notified in accordance with the above provisions, notifies the matter to the Industrial Relations Commission of New South in which event the agreement shall not be implemented until a final decision is made by the Industrial Commission of New South Wales, pursuant to the New South Wales Industrial Relations Act 1996.

 

(2)        Where such fourth Monday or agreed rostered day off prescribed by sub‑paragraph (1) falls on a public holiday as prescribed in Clause 21, Holidays, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four‑week cycle (or the next four week cycle) is agreed in writing between the employer and the employee.

 

(3)        Each day of paid leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

(4)        An employee who has not worked, or is not regarded by reason of sub‑paragraph (3) as having worked, a complete four‑week cycle shall receive pro‑rata accrued entitlements for each day worked (or each fraction of a day worked) or regarded as having been worked in such cycle, payable for the rostered day off or, in the case of termination of employment, on termination.

 

(5)        The accrued rostered day off prescribed in subparagraphs (1) and (2) shall be taken as a paid day off provided that the day may be worked where that is required by the employer and such work is necessary to allow other employees to be employed productively or to carry out maintenance outside ordinary working hours or because of unforeseen delays to a particular project of a section of it or for other reasons arising from unforeseen or emergency circumstances on a project in which case, subject to the provisions of paragraph (6) in addition to accrued entitlements the employee shall be paid, at the rates prescribed for Saturday work in clause 16, Overtime.

 

(6)        Wherever practicable the provision of this subclause shall operate in lieu of sub‑paragraph (5).

 

The accrued rostered day off prescribed in subparagraphs (1) and (2) shall be taken as a paid day off provided that the day may be worked where that is required by the employer and such work is necessary to allow other employees to be employed productively or to carry out maintenance outside ordinary working hours or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project, in which case, the employee shall take one paid day off before the end of the succeeding work cycle, and the employee shall be paid at the rates prescribed for Saturday work in Clause 16, Overtime.

 

(b)        Where the ordinary hours of work of employees are fixed at thirty‑six hours per week, such hours shall be worked in not more than seven hours twelve minutes per day Monday to Friday, inclusive, between the hours of 7.30 a.m. and 4.00 p.m.

 

(c)        Where the ordinary hours of work of employees are fixed at thirty‑five hours per week, such hours shall be worked in not more than seven hours per day, Monday to Friday, inclusive, between the hours of 7.30 a.m. and 4.00 p.m.

 

(d)        Where the ordinary hours of work of employees are fixed at thirty hours per week, such hours shall be worked not more than seven hours per day, Monday to Friday, inclusive, between the hours of 8.00 a.m. to 4.00 p.m.

 

(e)        A majority of the employees concerned and their employers may mutually agree upon starting and ceasing times between the hours of 6.00 a.m. and 6.00 p.m. Notwithstanding anything contained in this sub‑clause the time worked each day and the hours of work on any particular section of work may be varied by agreement between a majority of the employees and the employer, subject to limits of nine hours maximum in any one day and eighty hours each fortnight, for the purpose of enabling employees to cease work early or to make connections with transport.

 

(f)         Notwithstanding the above a majority of employees concerned and their employers may mutually agree to the accumulation of up to 4 Rostered Days Off which may be taken no later than the expiration of the fifth accrual period.

 

(g)        Notwithstanding the above the following arrangements shall be made for the rostering of R.D.O.'s:

 

No later that the 1st of October each year and prior to publishing the next year's R.D.O.'s, the Employer Associations and the A.W.U. will meet to programme the calendar, ensuring R.D.O.'s fall together with public holidays prescribed in Clause 21 and so far as necessary follow the calendar of days offset in the Building Industry.

 

(ii)        Miners shall work the hours prescribed in this Clause, back to back.

 

(iii)       All labourers, including concrete workers, employed for more than half the shift shall work, during tunnelling operations, the same hours as miners.

 

(iv)       Miners, machinepersons and pneumatic pickpersons and any other employee whose work entails them getting wet shall be allowed five minutes immediately before ordinary ceasing time for the purpose of washing and for changing their clothes.

 

(v)        The hourly rates for underground workers are based on a thirty‑eight hour week, when a week of less than thirty‑eight hours is prescribed the hourly rate shall be increased proportionately.

 

(vi)       Shift Work: Where it is necessary that work be performed in shifts the following conditions shall apply:

 

(a)        If two shifts are worked they shall be worked between the hours of 6.00 a.m. and midnight or between the hours to be fixed by agreement between the employer and the majority of the employees concerned. If three shifts are worked, the third (night) shift shall be of 7 hours seventeen minutes duration and shall be paid for at the rate of time and one‑quarter.

 

Employees shall be paid at the rate of time and one‑quarter when working on the second (afternoon) shift on either a two or three‑shift system.

 

(b)        Where employees are required to work on a shift not worked on a two or three‑shift system, which commences at or after 8.00 p.m. and which finishes at or before 6.00 a.m. such shift shall be of no longer duration than eight hours and shall be paid for at the rate of time and one‑half.

 

(c)        Where the arrangement for working shifts provides for shifts on less than five continuous working days then overtime rates shall be applicable; provided also that in cases where less than a full week is worked due to the action of the employee then in such cases the rate payable for the actual time worked shall be ordinary shift rates.

 

(d)        When working shifts exceed four hours, crib time amounting to thirty minutes shall be allowed and shall be paid for on each shift.

 

(e)        An employee shall be given at least 48 hours notice of a requirement to work shift work.

 

(f)         Notice of any alteration to shift hours shall be given to the employee not later than ceasing time of the previous shift.

 

(g)        Work in excess of shift hours, Monday to Friday, other than holidays shall be paid for at double time provided that these rates shall be based in each case on ordinary rates.

 

(h)        Shift work hours shall be worked between Monday to Friday inclusive. Time worked on a Saturday, Sunday or a Public Holiday shall be paid for at overtime rates; provided that an ordinary night shift commencing before, and extending beyond midnight Friday, shall be regarded as a Friday shift.

 

(i)         No employee who is employed during ordinary working hours shall be employed on afternoon or night shifts except at overtime rates.

 

(j)         Employees engaged for work under the terms of the sub‑clause, shall accrue 0.4 of one hour for each shift worked to allow one shift to be taken off as a paid shift for every twenty shift cycle. The twentieth shift shall be paid for at the shift rate(s) prescribed in paragraphs (a), (b) and (c) of this sub‑clause, provided that, no employee shall be disadvantaged in the introduction of this paragraph, as to the receipt of appropriate shift rates in a cycle.

 

(k)        Each shift of paid leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a shift worked for accrual purpose.

 

(l)         An employee who has not worked, or is not regarded by reason of paragraph (k) as having worked a complete four‑week cycle, shall receive pro‑rata accrued entitlements for each shift worked (or fraction of a shift worked) or regarded as having worked in such cycle, payable for the rostered day off or, in the case of termination of employment, on termination.

 

(m)       The employer and employees shall agree in writing upon arrangements for rostered paid days off during the twenty shift cycle or accumulation of accrued days, provided that such accumulation shall be limited to no more than five such accrued days before they are taken as paid days off and when taken the days shall be regarded as days worked for accrual purposes in the particular twenty shift cycle.

 

(n)        Once such shifts have been rostered they shall be taken as paid shifts off provided that where an employer, for emergency reasons requires an employee to work on his/her rostered shift off, the provisions of paragraphs (5) and/or (6) of subclause (i)(a) shall apply as if relating to shift work.

 

(vii)      Employees other than Shift Workers shall be entitled to a meal break each day of not less than thirty minutes in duration and not more than one hour in duration; provided that the said meal break shall be taken between 11.30 a.m. and 1.30 p.m. Such meal break shall not count as time worked.

 

(viii)     Mastic and/or Asphalt Labourers; Labourers employed in heating or preparing compressed or mastic asphalt shall work, when required, not more than eight hours between 6.00 a.m. and 4.00 p.m. Monday to Friday inclusive.

 

(ix)       Cylinder Employees:

 

(a)        The time allowed between shifts shall be eight hours at least.

 

(b)        The ordinary hours of work of air lock workers shall be between 5.45 a.m. and 5.00 p.m. each day, Monday to Friday, inclusive. Work performed between 5.00 p.m. and 12 midnight shall be paid for at the rate of time and one‑quarter, and time worked between midnight and 5.45 a.m. shall be paid for at the rate of time and one‑third. Overtime rates shall be paid for all work performed on a Saturday.

 

(x)        Diver and Diver's Attendant: The ordinary hours of a diver and/or diver's attendant shall be thirty hours per week, worked between the hours of 7.00 a.m. and 5.00 p.m., where single shifts are worked. The diver's attendant shall be required to undertake all necessary incidental work both prior to and after diving as part of the days work without extra payment where same exceed six hours. The starting and stopping times may be varied to suit tidal conditions where necessary, without extra payment; provided that there is not breaks of a total of more than one hour.

 

(xi)       The camp attendant or amenities attendant may be required to commence work at 5.00 a.m. without overtime payment.

 

7.         TEST OF WORKINGS

 

(i)         The employer shall, when required by the Australian Workers' Union, N.S.W. Branch, have all tunnels and other workings in sandstone and indurated shale tested for atmospheric conditions. One copy of the tests taken shall be posted in the shelter shed used by the men working the particular section where the tests are taken.

 

(ii)        A copy of all tests shall be forwarded to the said union and the appropriate division of WorkCover and the tests shall be carried out under his/her direction and control.

 

(iii)       If the tested conditions of the tunnel or other place of work show more than two hundred particles per cubic centimetre of sandstone dust then mechanical means shall be operated to clear the atmosphere of dust to less than two hundred particles per cubic centimetre or work in the said tunnel or other place of work shall cease and all employees engaged therein shall be paid their wages in full for the time they are kept waiting.

 

(iv)       If any rock containing silica, as opposed to free silica, to the amount of 25 per centum or over is being worked and the tested conditions in any tunnel or other place of work show the presence of more than four hundred particles per cubic centimetre of dust then mechanical means shall be operated to clear the atmosphere of dust to less than four hundred particles per cubic centimetre in the said tunnel or other place of work or work shall cease and all employees engaged shall be paid their wages in full for the time they are kept waiting.

 

8.         MACHINE WORK

 

(i)         Where rock drilling and rock guttering and/or channelling machines are used it shall be compulsory for the employer to provide and the employees to use water on all such work; provided that the nature of the material does not render this impracticable. On other than underground work two employees shall be employed when the weight of the machine exceeds 27.2 kg unless suitable support is provided.

 

(ii)        An employee shall not be allowed to use a pneumatic pick over 18.1 kg in weight over waist high in sandstone or indurated shale without suitable support.

 

9.         VENTILATION OF WORKINGS

 

Effective ventilation appliances shall be provided in all under‑ground workings and in all shafts more than 4.6 metres deep.

 

10.       WET WEATHER

 

Inclement Weather

 

(i)         Conference Requirement And Procedure - The employer, or his/her representative, shall when requested by the employees or a representative of the employees, confer (within a reasonable period of time which should not exceed thirty (30) minutes) for the purposes of determining whether or not conditions are inclement. Weather shall not be regarded as inclement unless it is agreed at such conference.

 

Provided that if the employer or his/her representative refuses to confer within such reasonable period, employees shall be entitled to cease work for the rest of the day and be paid inclement weather.

 

(ii)        Restrictions On Payments - An employee shall not be entitled for inclement weather as provided for in this clause unless he/she remains on the job until the provisions set out in this clause have been observed.

 

(iii)       Entitlement To Payment - An employee shall be entitled to payment by his/her employer for ordinary time lost through inclement weather for up to thirty‑two (32) hours in every period of four (4) weeks.  For the purpose of this sub‑clause the following conditions shall apply:

 

(a)        The first period shall be deemed to commence on the 20th July 1998 and subsequent periods shall commence at four (4) weekly periods thereafter.

 

(b)        An employee shall be credited with 32 hours at the commencement of each four (4) weekly period.

 

(c)        The number of hours at the credit of any employee at any time shall not exceed 32 hours.

 

(d)        If an employee commences employment during a four (4) weekly period he/she shall be credited 32 hours where he/she commences on any working day within the first week; 24 hours where he/she commences on any working day within the second week; 16 hours where he/she commences on any working day within the third week; 8 hours where he/she commences on any working day within the fourth week.

 

(e)        No employee shall be entitled to receive more than 32 hours inclement weather payment in any period of four (4) weeks.

 

(f)         The number of hours credited to any employee under this clause shall be reduced by the number of hours for which payment is made in respect of lost time through inclement weather.

 

(g)        Payment under this clause shall be weekly.

 

(iv)       Transfers - Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site, or another site, which is not affected by inclement weather subject to the following:

 

(a)        No employee shall be transferred to an area not affected by inclement weather unless there is work available in his/her trade.

 

(b)        Employees may be transferred from one location on a site to work in areas which are not affected by conditions of inclement weather even though there may not be work for all employees in such areas.

 

(c)        Employees may be transferred from one site to another site and the employer provides, where necessary, transport.

 

(v)        Completion Of Concrete Pours And Emergency Work -

 

(a)        Except as provided in this sub‑clause an employee shall not work or be required to work in the rain.

 

(b)        Employees shall not be required to start a concrete pour in inclement weather.

 

(c)        Where a concrete pour has been commenced prior to the commencement of a period of inclement weather employees may be required to complete such concrete pour to a practical stage and for such work shall be paid at the rate of double time calculated to the next hour, and in the case of wet weather shall be provided with adequate wet weather gear.

 

If an employee's clothes become wet as a result of working in the rain during a concrete pour he/she shall, unless he/she has a change of dry working clothes available, be allowed to go home without loss of pay.

(d)        The provision of paragraph (c) herein shall also in the case of emergency work where the employees concerned and their delegate agree that the work is of an emergency nature and can start and/or proceed.

 

(vi)       Cessation And Resumption Of Work

 

(a)        At the time employees cease work due to inclement weather the employer or his/her representatives on site and the employees' representative shall agree and note the time of cessation of work.

 

(b)        After the period of inclement weather has clearly ended the employees shall resume work and the time shall be similarly agreed and noted.

 

(c)        Safety - Where an employee is prevented from working at his/her particular function as a result of unsafe conditions caused by inclement weather, he/she may be transferred to other work in his/her trade on site, until the unsafe conditions are rectified. Where such alternative work is not available and until the unsafe conditions are rectified, the employee shall remain on site. He/she shall be paid for such time without reduction of his/her inclement weather entitlement.

 

(vii)      Additional Wet Weather Procedure

 

(a)        Remaining on Site - Where, because of wet weather, the employees are prevented from working:

 

(i)         for more than an accumulated total of four (4) hours of ordinary time in any one day; or

 

(ii)        after the meal break, as provided in Clause for more than an accumulated total of 50% of the normal afternoon work time; or

 

(iii)       during the final two (2) hours of the normal work day for more than an accumulated total of one hour, the employer shall not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances.

 

Provided that where, by agreement between the employer and/or their representative and the employees' representative the men remain on site beyond the periods specified above, any such additional wet time shall be paid for but shall not be debited against the employees' hours. Provided further that wet time occurring during overtime shall not be taken into account for the purpose of this sub‑clause.

 

(b)        Rain at Starting Time

 

Where the employees are in the sheds, because they have been rained off, or at starting time, morning tea, or lunch time, and it is raining, they shall not be required to go to work in a dry area or to be transferred to another site unless:

 

(i)         the rain stops; or

 

(ii)        a covered walkway had been provided; or

 

(iii)       the sheds are under cover and the employees can get to the dry area without going through the rain; or

 

(iv)      adequate protection is provided. Protection shall, where necessary, be provided for the employees tools.

 

Provided that, for the purposes of the clause, a "dry area" shall mean a work location that has not become saturated by rain or where water would not drip on the employees.

 

11.       RAIL AND SLEEPER LIFTING AND DOLLY

 

(i)         Not less than eight, ten or twelve men shall be employed in actually lifting 27.2, 36.3, 40.8 or 45.4 kg rails of standard length, respectively. On railway construction not less than four men shall handle sleepers.

 

(ii)        On any dolly exceeding 6.35 kg in weight two men shall be employed and if the weight of 12.7 kg is exceeded three men shall be employed.

 

12.       TOOLS

 

All tools required by labourers shall be provided, free of charge, by the employer. Where necessary the employer shall provide masks and goggles to sandblast and cement gun operators.

 

13.       REPORTING FOR DUTY

 

(i)         An hourly employee reporting for work and not being required shall be paid two hours' pay at ordinary rates and all fares incurred unless he/she has received notice the day before that he/she will not be required: Provided that where employees report and are instructed to remain on the job they shall be paid at ordinary rates whilst waiting until such time as otherwise notified.

 

(ii)        Employees directed to report for work on a Saturday and not being required shall be paid for two hours at overtime rates and all fares actually and necessarily incurred in travelling to and from the job.

 

14.       MIXED FUNCTIONS

 

An employee engaged for more than two hours during one day on duties carrying a higher rate than their ordinary classification shall be paid the higher rate for such day; if so engaged for two hours or less during one day he/she shall be paid the higher rate for the time so worked.

 

15.       PROTECTIVE CLOTHING

 

(i)         Bitumen Workers

 

(a)        All employees engaged in connection with tar and/or bitumen shall be supplied with gloves.  Basil aprons shall be supplied by the employer, free of charge, to employees at kettle and/or handling drums. The spray operator shall be provided, when requested, with a suitable respirator.

 

(b)        The employer shall provide, on the job, oil or other suitable solvents, free of charge, to employees for the removal, from his/her person, of tar, bitumen emulsions or similar preparations.

 

(ii)        Contractors Snowy Mountains Area

 

(a)        Employees of contractors in the Snowy Mountains Area shall be supplied with all necessary protective clothing.

 

(b)        Such protective clothing shall remain the property of the employer and shall be produced, when required, by the employee for inspection by the employer.

 

(c)        Loss due to any cause arising out of the neglect or misuse by the employee shall be a charge against the wages of the employee. A deduction at a reasonable rate may be made by the employer from the wages of the employee; provided that no such deduction shall be made for reasonable wear or tear.

 

16.       OVERTIME

 

(i)         Subject to subclause (vi) of clause 6, Hours of Labour, of this award, overtime shall be payable for all time worked outside the ordinary hours prescribed in the said clause 6, or in excess of eight hours in any one day at the rate of time and one‑half for the first two hours and double time thereafter, provided that all work performed after 12 noon on Saturday shall be paid for at double time, provided further that employees who are required to work regular overtime (in accordance with subclause (vi) of the said clause 6) which normally commences after 12 noon on a Saturday shall be paid at the rate of time and one‑half for the first two hours and double time thereafter. The calculation of such overtime shall be on the basis of each complete unbroken period of overtime.

 

(ii)        Double time shall be paid for all time worked on a Sunday and double time and a half shall be paid for all time worked on a holiday.

 

Employees called upon to work during the recognized meal hour shall be paid at ordinary overtime rates for all time worked until they receive a meal break of the usual period, provided that where, for special reasons, it is necessary to alter the time of the recognised meal hour, employees engaged in the construction of concrete and/or hot mix roads and culverts and/or bridges in connection therewith, may be called upon to work for not more than thirty minutes during such recognised meal hours without additional rates of pay, provided further that they receive equivalent meal time.

 

(iii)

 

(a)        Subject to paragraph (b) of this subclause employees who work so much overtime

 

(1)        between the termination of their ordinary work day or shift, and the commencement of their ordinary work in the next day or shift that he/she has not had at least ten consecutive hours off duty between these times; or

 

(2)        on Saturdays, Sundays and holidays, not being ordinary working days or on a rostered day off without having had ten consecutive hours off duty in the twenty‑four hours preceding their ordinary commencing time on their next ordinary day or shift;

 

shall, subject to this subclause, be released after completion of such overtime until they have had ten hours off duty without loss of pay for ordinary working time occurring during such absence: provided that if, on the instructions of their employer, such an employee resumes or continues to work without having had such ten consecutive hours off duty they shall be paid at double rates until he/she is released from duty for such period and they shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(b)        The provisions of paragraph (a) of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked‑

 

(1)        for the purpose of changing shift rosters; or

 

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

 

(3)        where a shift is worked by arrangement between employees themselves.

 

(iv)       No overtime beyond half an hour for completing holes for firing and before firing shall be worked excavating sandstone or underground except in cases of emergency.

 

(v)        Employees shall not be required to report at the place of work earlier than the ordinary starting time or return later than the ordinary ceasing time without the payment of overtime.

 

(vi)       An employee required to work on a Sunday or a public holiday shall be afforded at least 4 hours work or shall be paid 4 hours at the appropriate rate.

 

(vii)      Employees recalled to work ‑ When employees are recalled to work after leaving their job they shall be paid a minimum of 4 hours at overtime rates.

 

(viii)     Cribs

 

(a)        An employee who is required to work overtime for 2 hours or more after the normal ceasing time shall be allowed, at the expiration of the said 2 hours, 30 minutes for a meal or crib and thereafter a similar time allowance after every additional 4 hours of overtime worked. Time for meals or crib through overtime periods shall be allowed without loss of pay, provided that overtime work continues after such break.

 

Provided that where an employee is eligible for a meal(s) or crib break(s) (as defined above) and having regard to statutory requirements an employer and employee may agree for the meal or crib break to be taken at any time.  Where such a crib break is not taken, the employee shall be entitled to be paid for the meal or crib break(s) at the appropriate overtime rate.

 

(b)        Where overtime is worked on a Saturday and work continues after 12 noon, a break for a meal of 30 minutes shall be allowed between 12 noon and 1 p.m. Such meal break shall be taken without loss of pay.

 

(c)        Where employees other than a shift workers are required to work after 12 noon on a Sunday or holiday, they shall be allowed a meal break of 30 minutes between 12 and 1 p.m. without loss of pay.

 

(ix)       Compulsory Overtime ‑ An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.

 

17.       MEAL ALLOWANCE

 

An employee required to work overtime for more than one and one-half hours after the ordinary ceasing time shall be provided with a meal or shall be paid the amount set out in Item 26, of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates for such a meal and after the completion of each four hours on continuous overtime, shall be paid the amount set out in the said Item 26 for each subsequent meal in addition to the overtime payment.

 

18.       SICK LEAVE

 

(i)         Note: Government and quasi-government bodies: See Uniform Leave Conditions for Ministerial Employees or for persons employed under the Public Sector Management Act 1988 the relevant provisions of the Crown Employees (Public Service Conditions of Employment 1997) Award, as varied, or any replacement award.

 

(ii)        An employee who, after not less than three months’ continuous service in his/her current employment, is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity (including incapacity resulting from injury within the Workers’ Compensation Act 1987) not due to his/her own wilful misconduct shall be entitled to be paid ordinary time rate of pay for the time of such non-attendance subject to the following:

 

(a)        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 his/her sick leave or resumes duty.

 

(b)        He/she shall not be entitled to paid sick leave of absence for any period in respect of which he/she is entitled to Workers’ Compensation.  Where a claim for Workers’ Compensation is made by an employee , payment of sick leave under this clause shall not be payable in respect of the period covered by the said claim until such claim has been disposed of.

 

(c)        He/she shall within twenty-four hours of the commencement of such absence inform his/her employer of his/her representative 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 the absence.

 

(d)        He/she shall prove to the satisfaction of his/her employer (or in the event of a dispute, the Industrial Relations Commission of New South Wales) that he/she is or unable on account of such illness or incapacity to attend for duty on the day or days for which payment under this clause is claimed.

 

(e)        Subject to the provisions of paragraph (f) of this subclause, he/she shall not be entitled in any one year of continuous employment to sick pay for more than ten ordinary working days.  Any period of paid sick leave allowed by the employer to an employee in any such year shall be deducted from the period of sick leave which may be allowed or may be carried forward under this award in or in respect of such year.

 

(f)         The rights under this clause shall accumulate from year to year so long as the employment continues with the employer, whether under this or any other award, so that any part of ten days which has not been allowed in any one 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 continuous employment.  Any rights which accumulate pursuant to this subclause shall be available to the employee for a period of six years, but for no longer, from the end of the year in which they accrued.

 

(g)        For the purposes of this clause "continuous service" shall be deemed not to have broken by:

 

(1)        any absence from work on leave granted by the employer;  or

 

(2)        any absence from work by reason of personal illness, injury or other reasonable cause (proof thereof shall be in each case be upon the employee); provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

 

(h)        Service with his/her employer before the date of coming into force of this clause shall be counted as service for the purpose of qualifying thereunder.  Provided that employers, not being government departments or quasi-government bodies shall be exempted from payment of the sick leave prescribed in this award, except as provided in paragraph (a) of subclause (iii) of clause 3, Wages.

 

18A.    PERSONAL/ CARER’S LEAVE

 

(1)        Use of Leave

 

(a)        An employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall subject to subclause (3) be entitled to use, in accordance with this subclause, any leave entitlement, provided for in this clause, for absences to provide care and support, for such persons when they are ill.

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

 

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

 

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

 

(ii)        the person concerned being:

 

(A)       a spouse of the employee; or

 

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

 

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

 

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

 

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

 

(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.

 

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

 

(2)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave

 

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

 

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

 

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

 

(4)        Time Off in Lieu of Payment for Overtime

 

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

 

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

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

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

 

(5)        Make-up Time

 

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

 

(b)        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 a later time), at the shift work rate which would, have been applicable to the hours taken off.

 

(6)        Rostered Days Off

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        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.

 

(d)        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 or its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

19.       LONG SERVICE LEAVE AND ANNUAL HOLIDAYS

 

See Long Service Leave Act, 1955, the Building and Construction Industry Long Service Payments Act 1986 and Annual Holidays Act 1944.

 

Note: Government and quasi-government bodies: See Uniform Leave Conditions for Ministerial Employees or for persons employed under the Public Sector Management Act 1988 the relevant provisions of the Crown Employees (Public Service Conditions of Employment 1997) Award, as varied, or any replacement award.

 

20.       ANNUAL HOLIDAYS LOADING

 

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

 

(ii)        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 employees a loading determined in accordance with this clause. (Note: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance ‑ see subclause (vi)).

 

(iii)       The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act.

 

(iv)       The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled, or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (Note: See subclause (vi) as to holidays taken wholly or partly in advance.)

 

(v)        The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday.

 

(vi)       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 the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause applying the award rate of wages payable on that day. 

 

(vii)      Where, in accordance with the Act, the employers' establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned ‑

 

(a)        an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (v) of this clause;

 

(b)        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 the employee under the Act such proportion of the loading that would have been payable to the employee under this clause if the employee 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.

 

 (viii)

 

(a)        When the employment of an employee is terminated by the 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 the employee became entitled the employee shall be paid a loading calculated in accordance with subclause (v) for the period not taken.

 

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

 

(ix)       This clause extends to an employer who is given and takes an annual holiday and who would have worked as a shift worker if the employee had not been on holiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

21.       HOLIDAYS

 

(i)         Payment to the amount which ordinarily would have been paid had the day been a working day, shall be made for the following days, viz., New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Christmas Day, Boxing Day, Eight Hour Day or Labour Day, whenever celebrated and any other gazetted Federal and State holidays.  Reasonable time off shall be allowed by the employer for voting on election and referendum days; provided that in any district where Eight Hour Day is not celebrated the Sydney Eight Hour Day shall be observed in such district and thereafter the employees shall not be entitled to any further holidays during the year on account of Eight Hour Day.

 

(ii)        The first Monday in December each year shall be a holiday as the Picnic Day of The Australian Workers' Union, New South Wales Branch.

 

(iii)       Employees not required to work on the said Picnic Day shall be paid for the holiday at the ordinary rates of pay prescribed in clause 3, Wages.

 

(iv)       Employees required to work on the Picnic Day shall be paid at the rate of double time and one‑half for a minimum of 4 hours.

 

(v)        Employers may require from their employees the butt of the ticket as evidence of their attendance at the picnic.

 

(vi)       The provisions for a picnic day shall apply to employees working in the County of Cumberland, County of Northumberland and the County of Camden and in such other areas where a picnic organised by the union is held, and shall not apply to employees of an employer engaged in a mixed enterprise as defined in subclause (xviii) of clause 32, Definitions, unless the industry of such mixed enterprise itself is subject to a picnic day by award or industrial agreement in which case the picnic day as prescribed shall apply to employees covered by this award.

 

(vii)      Where an employer, not being an employer engaged in a mixed enterprise holds a regular picnic day for his/her employees on some other working day during the year, then such day may be given and may be taken as a picnic day in lieu of the picnic day hereinbefore fixed.

 

(viii)     Where an additional or substitute public holiday is proclaimed by Order in Council or otherwise gazetted by authority of the Australian or a State Government under any acts throughout any state or part thereof. Such a day shall within the defined locality be deemed to be a holiday for the purposes of this award provided that an employee shall not be entitled to the benefit of more than one holiday upon such occasion.

 

(ix)       Provided that ‑

 

(a)        An employer who terminates the employment of an employee except for reasons of misconduct or incompetency (proof of which shall be upon the employer) shall pay the employee a day's ordinary wages for each holiday prescribed in subclauses (i), (ii) and (viii) of this Clause or each holiday in a group as prescribed in subclause (b) below which falls within 10 consecutive calendar days after the day of termination.

 

(b)        Where any two or more of the holidays prescribed in this Award occur within a 7 day span, such holidays shall for the purpose of this Award be a group of holidays. If the first day of the group of holidays falls within 10 consecutive calendar days after termination, the whole group shall be deemed to fall within the 10 consecutive calendar days.  Christmas Day, Boxing Day and New Years' Day shall be regarded as a group.

 

(c)        No employee shall be entitled to receive payment from more than one employer in respect to the same public holiday or group of holidays.

 

22.       CHANGE AND SHELTER SHEDS

 

A change and/or shelter shed for employees shall be provided on all works, and shall be used exclusively for that purpose. At all underground works a change shed, equipped with hot and cold showers, shall be provided by the employer. Each isolated gang shall be provided with a shelter shed. Change and shelter sheds shall be erected in a location beyond risk of injury to employees from blasting operations.

 

23.       TEA BREAK AND DRINKING WATER

 

(i)         A tea break, during the morning period of not more than twenty minutes duration shall be allowed to each individual employee, at a time to be arranged by the employer, without deduction from their wages. Provided that an employer may grant a tea break of not more than ten minutes duration during both the morning and afternoon periods of the working day, under the same conditions as above. Where an afternoon tea break is to be taken the employer may direct that it be taken immediately prior to normal closing time.

 

The taking of the morning tea break shall not necessarily involve a complete stoppage of work.

 

(ii)        The employer shall provide the necessary facilities and labour to brew tea for employees.

 

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

 

24.       CAMPING AREA

 

(i)         When camping areas are necessary for employees such shall be provided by the employer, free of charge.

 

(ii)        No camps shall be erected within 33 km of the General Post Office, Sydney not 16 km of the General Post Office, Newcastle.

 

(iii)       The employer shall provide the minimum facilities, conditions and standards for all camps as set out hereunder:

 

(a)        Accommodation (Bedroom) Facilities

 

(1)        Accommodation shall be provided in single cubicles.

 

(2)        There shall be one employee only accommodated in each single cubicle.

 

(3)        The minimum size of each cubicle shall be not less than 14.2 cubic metres.

 

(4)        Each cubicle shall be lined and ceiled.

 

(5)        Each cubicle shall be fitted with a bedstead and innerspring or rubber mattress.

 

(6)        Each cubicle shall have a timber floor and there shall be provided a suitable floor covering for each cubicle.

 

(7)        Each cubicle shall be fitted with a door and a fly proof screen door and a moveable window of reasonable dimension which is fitted with fly proof gauze.

 

(8)        Facilities for locking each cubicle shall be provided by the employer and cubicles shall not be keyed alike.

 

(9)        Each cubicle shall be fitted with a table, a seat and a wardrobe which can be locked.

 

(10)      Each cubicle shall be supplied with electric or L.P. Gas lighting.

 

(11)      Provision shall be made for the heating of cubicles by means of electricity, L.P. Gas or liquid fuel supplied by the employer.

 

(12)      Each cubicle shall be fitted with an electric fan where a suitable electricity supply is available.

 

(13)      There shall be overhead shelter provided along properly lighted pathways between the accommodation cubicles and the bathroom or bathhouse.  Provided that shelters shall only apply to camps established on or after 19 February 1986.

 

(b)        Kitchen Area

 

(1)        A room or building area of not less than the following dimensions shall be provided for sole use as a kitchen (including use for cooking, refrigeration and preparation of food to be consumed by employees actually camped):

 

(i)         3000mm x 3000mm x 2200mm in camps accommodation up to 8 employees.

 

(ii)        3000mm x 7200 x 2200mm in camps accommodating 9 to 16 employees;

 

(iii)       space as in (i) above for each additional 8 employees.  Provided that the foregoing dimensions shall only apply to camps established on or after 19 February 1986 or when existing buildings become unserviceable or require renovation.

 

(2)        The kitchen room or building referred to in paragraph 1 above shall be separated from the dining room and erected and maintained as a separate and distinct room.  The kitchen shall be fully lined and ceiled.  Provided that this subclause shall only apply to camps established on or after 19 February 1986 or when existing buildings become unserviceable or require renovation.

 

The requirements of the above paragraph shall be satisfied if the employer erects a ceiling to floor partition wall between the kitchen room and dining room.

 

(3)        In a case where the kitchen is divided from the dining room by of a ceiling to floor partition, there shall be a standard doorway on such partition wall with a door fitted.

 

(4)        Where an external entrance/exit for any building is through the kitchen room, there shall be an alternative external exit.  Each external entrance shall be fitted with a door and a fly screen door.

 

(5)        All windows in the kitchen shall be fitted with fly proof gauze.

 

(6)        The floor of the kitchen shall be covered with vinyl or similar substance, so as to completely cover the kitchen floor.

 

(7)        The kitchen room shall be fitted with cooking facilities and cupboard space which shall include:

 

(i)         The number of cooking stoves provided shall be on the ratio of one cooking unit for each four employees camped.

 

(ii)        A "cooking stove" shall mean a cooking unit which contains hot plates and one oven of average size.  The unit shall be powered or fuelled by electricity or gas supplied by the employer.

 

(iii)       There shall be provided sufficient food storage cupboards and bench place in the kitchen room for the number of employees actually camped to store and prepare foodstuffs and cooking utensils and equipment.

 

(iv)       The cupboards described in paragraph (iii) shall be designed to prevent the contamination of food.

 

(v)        The employer shall provide 0.4 cubic metres of refrigeration space per employee camped; provided that adequate facilities for the freezing of food are included.

All refrigeration units shall be maintained and operated in good working order by the employer.

 

(vi)       Subject to a suitable electricity supply being available, there shall be provided by the employer one exhaust fan (wall or roof mounted) for each cooking stove.

 

The exhaust fan shall be located immediately above the cooking stove or on the wall immediately adjacent to the cooking stove.

 

(vii)      There shall be one stainless steel sink supplied for each stove installed in the kitchen.

 

(viii)     A hot or cold water supply shall be provided to each stainless steel sink.

 

(ix)       Sufficient electric or gas urns shall be supplied in order to provide boiling water at meal times to all employees camped.

 

(c)        Dining Room

 

(1)        A room area of not less than the following dimensions shall be provided for use as a dining room:

 

(i)         3000mm x 4200mm x 2200mm in camps accommodating up to 8 employees.

 

(ii)        3000mm x 7200mm x 2200mm in camps accommodating 9 to 16 employees.

 

(iii)       space as in (i) above for each additional 8 employees.  Provided that the foregoing dimensions shall only apply to camps established on or after 19 February 1986 or when existing buildings become unserviceable or require renovation.

 

(2)        The dining room referred to in paragraph (1) above shall be separate from the kitchen room and erected and maintained as a separate and distinct room.  The dining room shall be fully lined and ceiled.  The requirements of the above paragraph shall be satisfied if the employer erects a sealing to floor partition wall between the kitchen room an dining room.

 

(3)        All windows in the dining room shall be fitted with fly proof gauze and external entrances shall be fitted with fly proof screen doors.

 

(4)        The floor of the dining room shall be covered with vinyl or similar substance, so as to completely cover the dining room floor.

 

(5)        The dining room shall include the following facilities:

 

(i)         One table of a length of at least 1200mm, shall be provided for each four employees camped, provided that no more than four tables shall be placed in a dining room of dimensions 3000mm x 7200mm.

 

(ii)        For each table provided in the dining room there shall be supplied four chairs with back rests.

 

(iii)       The dining room shall be fitted with ceiling or wall fans of sufficient number and capacity, so as to adequately cool the dining room; provided that a suitable electricity supply is available.  Provided that in Dining Rooms situated at locations on the boundary line of and within the Distant Place Allowance zone as defined in clause 5 (v) (a) of the Parent Award as defined, reverse cycle air-conditioning units shall be installed in lieu of ceiling or wall fans.

 

(iv)       The dining room shall be fitted with electric or gas heaters of sufficient number and capacity to heat the entire dining room.

 

(d)        Bathroom or Bathhouse

 

(1)        There shall be provided a lined and sealed bathroom or bathhouse.

 

(2)        The bathroom or bathhouse shall be fitted with showers.  The ratio of showers shall be three to each sixteen employees camped with a minimum of two showers for camps of up to eight employees.  Provided that the ratio of showers and minimum of showers prescribed in this subclause shall only apply to camps established on or after 19 February 1986 or when existing buildings become unserviceable or require renovation.

 

(3)        The shower shall have the floor covered with tiles or similar suitable covering.

 

(4)        The bathroom or bathhouse shall be fitted with wash basins.  The ratio of wash basins shall be three to each sixteen employees camped with a minimum of two for camps of up to eight employees.

 

(5)        Hot and cold running water shall be available for use in showers and wash basins.

 

(6)        Adequate drainage from the floor of the room or building shall be provided.

 

(7)        The entrance to the bathroom or bathhouse shall be a door attached and additionally, there shall be attached a fly proof screen door.

 

(8)        A reasonable number of exhaust fans shall be fitted in the roof or walls of the bathroom or bathhouse wherever a suitable electricity supply is available.

 

(e)        Laundry

 

(1)        There shall be provided an adequate washhouse or laundry.  The walls and ceiling of the washhouse shall be lined and ceiled.

 

(2)        The washhouse or laundry shall be equipped with washing tubs, electric or gas coppers and an adequate supply of hot and cold water.  There shall be supplied one washtub to every ten employees camped and adequate coppers to meet the employees' needs.  Provided that the washtub ration prescribed shall only apply to camps established on or after 19 February 1986 or when existing buildings become unserviceable or require renovation.

 

(3)        The employer shall provide an adequate clothesline to enable all employees camped to dry their clothes.

 

(f)         Sanitary Conveniences

 

(1)        There shall be installed fly proof sanitary conveniences.  The ratio of seats shall be three to each sixteen employees camped with a minimum of two seats for camps of up to eight employees.  Provided that the seat ratio and minimum number of seats prescribed in this subclause shall only apply to camps established on or after 19 February 1986 or when existing buildings become unserviceable or require renovation.

 

(2)        Each sanitary convenience seat shall be partitioned off.

 

(3)        The employer shall keep these conveniences in a clean condition and with sufficient covering to ensure decency.

 

(4)        The sanitary conveniences shall be erected so as to provide shade and complete protection from the weather.

 

(5)        Wherever practicable, sanitary conveniences shall be sewered in camps established for an expected period of at least 12 months.  Where sewerage is not available or is not practicable for connection to the camp, mutually acceptable alternative sanitary conveniences shall be provided.

 

(6)        The sanitary conveniences shall be situated within a reasonable distance from the living quarters with access by properly lighted paths.

 

(7)        The sanitary conveniences shall be so situated as to preclude possibility of contamination of the water supply and/or foodstuffs.

 

(8)        There shall be supplied sufficient and proper material to keep the sanitary conveniences in an hygienic condition.

 

(g)        Fuel, Electricity, Water Supply and Drainage

 

(1)        All fuel/electricity as appropriate for lighting, heating, cooking and refrigeration shall be supplied free of charge to employees.

 

(2)        An adequate water supply shall be provided, reasonably convenient to all parts of the camp.  Such water supply shall be stored to prevent pollution, in a covered receptacle, with a tap attached.  Such receptacles shall be inspected frequently and when necessary be cleaned out.

 

(3)        The employer shall provide adequate drainage in all camps.

 

(4)        Provision shall be made for the effluent from the mess room, wash-house or laundry and bathhouse or bathroom to be carried away and dispersed in such a way to avoid any risk to health.

 

(h)        Recreation Rooms Or Recreation Buildings

 

(1)        In camps accommodating up to 16 employees, the dining room may be used as a recreation area by employees camped.

 

(2)        In camps accommodating between 17 and 32 employees, the employer shall erect a separate recreation room/building.  This recreation room or building shall be lined and ceiled, with adequate ventilation by means of gauzed windows and doors.  It shall be erected separately from all other rooms or buildings in the camp.  Provided that the need for a separate recreation room from the dining room shall only apply to camps established on or after 19 February 1986 or when existing buildings become unserviceable or require renovation.

 

(3)        The recreation room or building shall be of sufficient size to enable the game of table tennis to be played as well as other recreational activities such as a dart game.

 

(4)        For each additional 16 employees in excess of 32 employees camped, the employer shall provide an additional recreation room or building.  Provided that this subclause shall only apply to camps established on or after 19 February 1986 or when existing buildings become unserviceable or require renovation.

 

(5)        There shall be doors and fly proof screen doors attached to the entrance way to the recreation room or building.  All external windows shall have fly proof screens attached.

 

(6)        There shall be supplied in all camps, the following recreation facilities:

 

(i)         A table tennis table (or table tennis tables in cases where more than one recreation room or building is erected).

 

(ii)        One dart board for each recreation room or building erected by the employer.

 

(iii)       One hookey board for each recreation room or building.

 

(7)        In Recreation Rooms or Buildings situated at locations on the boundary line of and within the Distant Place Allowance zone as defined in Clause 5(v)(a) of this Award, reverse cycle air-conditioning units shall be installed in lieu of ceiling or wall fans.

 

(i)         Camp Maintenance and Security

 

(1)        The employer shall maintain the camp in a clean and sanitary condition.

 

(2)        Proper provision shall be made for the disposal of garbage and any night soil.

 

(3)        The camping area shall at all times be kept in a clean and tidy state, free from undergrowth, long grass, dangerous trees and vermin.

 

(4)        In all camps a Camp Attendant shall be provided as necessary to keep the camp clean and tidy and to meet the requirements of this clause.  Where the employees in camp exceed 30 a Camp Attendant shall be employed full-time within the camp area.

 

(5)        Wherever a camp is established for an expected period of at least 12 months a chain wire fence of at least 1.8 metres in height shall be erected around the camp and lockable gates shall be attached to this fence so that the camp may be completely enclosed.

 

(6)        Wherever it is practicable to do so, a telephone shall be connected at a camp.  The telephone shall be available for use by all employees accommodated at the camp provided that the cost of the use of the telephone (other than installation and rental costs) shall be paid for by each employee using the telephone.

 

(j)         Caravans

 

(1)        Caravans shall not be used to provide camping accommodation in the following circumstances:

 

(i)         In the case of employees working in construction gangs, where a camp is established for an expected period of at least six months.

 

(ii)        In the case of maintenance gangs, where the gang regularly camp in fixed camp locations in the course of a maintenance run.

 

(2)        Without limiting the terms of the above caravans be constituted as follows:

 

(i)         No more than two employees shall be accommodated in a caravan.

 

(ii)        Single sleeping cubicles in caravans shall each have a floor space of not less than 4.18 sq.m.

 

(iii)       Two berth caravans shall be a minimum of 4.87 metres in length.

 

(iv)       Caravans shall be fitted with an electric or porta gas stove.

 

(v)        Hot and cold water shall be included or supplied to all caravans which shall be equipped with shower and bathing facilities.

 

(vi)       The caravans shall be fitted with beds, with innerspring or rubber mattresses.

 

(vii)      All caravans shall be heated by means of electricity or L.P. Gas.

 

(viii)     The dining and sleeping areas of caravans shall be fitted with wall mounted electric fans.  Provided that each caravan allocated for sleeping accommodation at locations on the boundary line and within the Distant Place Allowance zone as defined in clause 5(v)(a) of this Award, one reverse cycle air-conditioning unit shall be installed in lieu of wall mounted electric fans.

 

(k)        Camping Allowance

 

(1)        An employee, who works as required during the ordinary hours of work on the working day before an the working day after a weekend and who notifies the employer or the employer's representative no later than the Tuesday of each week of an intention to return home at the weekend and who returns home for the weekend, shall be paid an allowance of the amount set out in Item 27 of Table 2 - Other rates and Allowances, of Part B, Monetary Rates for each such occasion.  An employee who receives an allowance in accordance with this paragraph shall be paid the amount set out in the said Item 27 for each 10km or part thereof in excess of 100km.

 

The payment of this allowance shall disentitle an employee to payment of the camping allowance prescribed in paragraph (4) below of this clause, for the weekend in question for the day or days on which the employee is absent.

 

(2)        This subclause shall not apply to an employee where a conveyance is provided by the employer to transport the employee to and from the place of work and the established centre from which the organisation is based.

 

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

 

(4)        Employees who are required to camp, either by the direction of the employer or because no reasonable transport facilities are available to enable them to proceed to and from their homes each day, shall be paid a camping allowance of the amount set out in Item 28 of the said Table 2   each day that the employee finds it necessary to remain in camp; provided that the employee shall not be entitled to the allowance prescribed in this subclause for any working day on which the employee is absent from duty except in cases of sickness or for any reason beyond the employee's control.

 

(5)        All time occupied in travelling in excess of 20 minutes each way between the camp or place of residence at a construction site and the place of work shall be paid for at the prescribed rate.  Employees shall not be required to leave camp earlier than is reasonably necessary to get them to work at starting time.

 

(l)         Provision For Stores

 

(1)        Where a store is not available at the camp to supply commodities to the employees and where trades people do not call, the employer shall provide free transport up to three times per week, if necessary, to enable commodities to be obtained from the nearest town by an elected delegate of the employees.

 

(2)        Except where otherwise indicated in (1) above, this variation shall take effect on and from 19 February 1986.

 

25.       COMPENSATION FOR TRAVEL PATTERNS, MOBILITY REQUIREMENTS OF EMPLOYEES AND THE NATURE OF EMPLOYMENT IN THE CONSTRUCTION WORK COVERED BY THIS AWARD

 

(i)

 

(a)        An allowance of an amount per day as set out in Item 29 of Table 2 - Other rates and Allowances,of Part B, Monetary Rates shall be paid by employers to compensate for excess fares and travelling time to and from places of work, provided that: the above stated allowance shall not be payable if the employer provides or offers to provide transport free of charge to any employee from and to a point established at a distance of not more than 3.2km from the employee's residence in which case an allowance of an amount per day as set out in Item 30 of the said Table 2 shall be paid.  Provided further that the provisions of this subclause shall not apply to any employee when required to report to a fixed establishment or fixed place of reporting such not being a construction site.

 

(b)        In addition to the above, a travelling pattern loading of an amount per week as set out in Item 31 of the said Table 2 shall be paid for all purposes of the Award to compensate employees of private contractors for excess travelling time incurred in the civil and mechanical engineering industry.

 

(ii)        General Provisions

 

(a)        Time taken by the vehicles provided by the employer shall not be more than reasonable, allowing for the speed of the vehicle and the condition of the road.  In all cases where vehicles are provided by the employer they shall leave promptly on cessation of work and an employee shall not be required to travel a further distance than is required.  Explosives shall not be carried on vehicles which are used for the conveyance of employees.

 

(b)        Where employees are required to travel to and from work in the employer's vehicle the employer shall provide the vehicle with suitable seating accommodation together with a cover to protect the employees from the weather.

 

(c)        Where employees are sent during working hours from job to job the employer shall pay all travelling time and fares incurred in addition to the amounts they may be liable to pay under subclause (i) of this clause.

 

(d)        Where employees are not notified by the employer the day before of a transfer the employer shall be required, if requested by the employee, to return them to the point from which they were transferred by time of cessation of work - provided that this provision shall only apply on the first day of transfer.

 

(iii)       The provisions of this Clause shall not apply to laboratory testing assistants except when employed on a construction site.

 

(iv)       The provisions of this Clause shall not apply to an employee camped or resident at the place of work.  Such an employee shall be paid in accordance with the provisions of subclause (k) of Clause 24, Camping Area, of this award.

 

26.       COUNTRY WORK

 

(i)         Country work shall mean employment at a place which requires employees to live away from their usual place of residence.

 

(ii)        All employees sent by the employer from the city to the country or from one country centre to another country centre or from the country to the city shall have their fares provided by the employer and on remaining until the completion of the job or until the special work which they were sent to perform is completed and no other work is provided by the employer, shall be entitled to fares back to the place of engagement.

 

(iii)       Any person selected for work and sent by an employer or the employer's, including a national service officer, a government employment bureau or a private employment agency, from the city to the country or from one country centre to another or from a country centre to the city, shall have the necessary fares provided by the employer.

 

(iv)

 

(a)        Where employees are sent from one place to another, as prescribed by this clause, the employer shall provide reasonable board and lodging or shall pay an allowance of the amount as set out in Item 32of Table 2 - Other rates and Allowances, of Part B, Monetary Rates per week of seven days but such allowance shall not be wages.

 

(b)        In the case of broken parts of a week the allowance shall be all living expenses actually and reasonably incurred but not exceeding an allowance per week as set out in the said Item 32:  Provided that the foregoing allowance shall not be paid by the employer where camping facilities are provided.

 

(c)

 

(1)        Employees who work as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or the employer's representative no later than the Tuesday of each week of their intention to return home at the weekend and who returns home for the weekend by private transport, shall be paid an allowance of the amount as set out in Item 33 of the said Table 2  for each such occasion.  Any employee who receives an allowance in accordance with this subclause, shall be paid, in addition, an allowance as set out in the said Item 33for each 10km or part thereof in excess of 100kms.

 

(2)        This subclause shall not apply to an employee;

 

(i)         who is receiving payment of an allowance in lieu of board and lodgings being provided by the employer;

 

(ii)        where a conveyance is provided by the employer to transport the employee to and from the place of work and the established centre from which the organisation is based.

 

(3)        Employees shall be deemed to have returned home at the weekend only if this involves them in being absent from their accommodation for not less than half the hours between ceasing work in the one week and commencing work in the next.

 

(v)        Time occupied in travelling to and from country work shall be paid for at ordinary rates in addition to wages otherwise earned, provided that no employee shall be paid more than an ordinary day's wages for any time not exceeding 24 hours spent in travelling.

 

(vi)       Where employees are sent from one place to another, as prescribed by this clause, they shall be allowed an amount as set out in Item 34of the said Table 2for each meal hour whilst travelling or waiting en route and if required to spend the night at some place en route shall be allowed an amount as set out in Item 35 of the said Table 2 for a bed.  These provisions also shall apply to the return journey.

 

(vii)      If employees are transferred to another job, at their own request, they shall not be entitled to fares or any allowances under this clause.

 

(viii)     If an employer and employee engaged on country work agree in writing and subject to the procedure outlined in sub-paragraph (i) of paragraph (a) of subclause (i) of clause 6, Hours of Labour of this Award, the paid rostered day off prescribed in that subclause may be taken and paid for at a time mutually agreed.  The agreement shall only provide for a paid day or days off work up to a maximum accrual of five days.

 

27.       FIRST AID

 

(i)         See the appropriate Occupational Health and Safety Regulation.

 

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

 

(iii)       An employee appointed by the employer to perform first‑aid duty in any gang shall be paid an amount per day as set out in Item 36 of Table 2 - Other Rates and Allowances, of Part B, Monetary rates in addition to their ordinary rate.

 

28.       JOB REPRESENTATIVE

 

A job representative appointed by the employees shall be allowed the necessary time, during working hours, to interview the engineer or officer‑in‑charge on matters affecting the employees whom he/she represents.

 

29.       PAYMENT OF WAGES AND TERMINATION OF EMPLOYMENT

 

Unless otherwise agreed between the employer and employees, wages shall be paid by cash or into the employee's bank account subject to the following conditions:

 

(i)         One day of each pay period shall be recognized as the payday for each job. It shall not be later than the same day in each period. In the event that a scheduled day off falls on pay day the employer shall pay wages to the employee or deposit them into a bank account of the employee's choice on the following working day. Subject to the employer being able to make payment the wages may be paid or deposited as aforesaid on the working day preceding the scheduled day off: Provided that where the scheduled day off falls on a pay day which is a Friday the employer shall pay or deposit the wages (as aforesaid) on the working day prior to the day off.

 

(ii)        When or before payment of wages is made by either cash or bank deposit to an employee he/she 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/her earnings. Wages shall be paid or deposited into the employee's bank account during ordinary working hours. If they are paid by cash during the usual mealtime such time occupied shall be added to the actual mealtime.  Any employee required to wait for more than fifteen minutes after his/her ordinary ceasing time to receive his/her wages or have his/her wages deposited into his/her bank account shall be paid at overtime rates for all time he/she is kept waiting for such wages.

 

(iii)       When employees are discharged, except for misconduct, they shall be paid all wages due to them or have such wages deposited into their bank account at the time of their discharge. In the case of discharge for misconduct or of resignation they shall be paid all wages or have such wages deposited into their bank account within twenty‑four hours after discharge or after the timekeeper and/or ganger is notified of resignation by the employee.

 

(iv)       In the case of any delay, beyond the time herein stated, the employees shall be paid at ordinary rates for all working time they are kept waiting. The pay period shall close not more than three working days before the recognised payday.

 

(v)        The employer will give favourable consideration to paying employees in cash where they can demonstrate special hardship when paid by account.

 

30.       REDUNDANCY

 

(i)         This award is designed to cater for the unique nature and peculiarities of the construction industry in New South Wales and shall only by used in negotiations or proceedings concerning areas of employment within the construction industry in New South Wales, unless it is determined by the Industrial Relations Commission of New South Wales that the provisions of the clause reflect a "Test Case" standard.

 

(ii)       

 

(a)        This clause shall apply to all those persons contained in clause 38, Area, Incidence and Duration excluding those persons who are not engaged upon on‑site civil/mechanical construction work.

 

(b)        Service with a New South Wales Government Department or Quasi‑Government body, shall not be counted as service for the purposes of this clause.

 

(iii)       Definitions

 

(a)        "Redundancy" means a situation where a weekly employee ceases to be employed by an employer, other than for reasons of misconduct or refusal of duty. "Redundant" has a corresponding meaning.

 

(b)        For the purposes of this clause only, a "weekly" employee means a labourer engaged for a continuous period of one week.

 

(iv)       Redundancy Pay

 

(a)        A redundant employee shall receive redundancy/severance payments, calculated as follows, in respect of all continuous service (as defined by this Award) with his/her or her employer provided that any service prior to 22 March, 1989 shall not be counted as service unless the employee is made redundant by the Employer.

 

Period of continuous service with an employer	Redundancy/Severance Pay
1 year or more but less than 2 years	2.4 weeks pay plus, for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay
2 years or more but less than 3 years	4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay
3 years or more but less than 4 years	7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay
4 years or more	8 weeks pay

 

Provided that an employee employed for less than twelve (12) months shall be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee.

 

(b)        "Week's pay" means the ordinary time rate of pay at the time of termination for the employee concerned.

 

(c)        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.

 

(v)        Redundancy Schemes - 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:

 

(a)        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

 

(b)        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.

 

(vi)       Employee leaving during notice - An employee whose employment is to be terminated in accordance with this clause may terminate his or her 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.

 

(vii)      Transmission of Business

 

(a)        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:

 

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

 

(ii)        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.

 

(b)        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.

 

31.       AUTOMATION AND MECHANISATION

 

Where, on account of the introduction or proposed introduction by an employer of mechanisation or technological changes in the industry in which he/she is engaged, the employer terminates the employment of an employee who has been employed by him/her for the preceding twelve months he/she shall give the employee three months' notice of the termination of his/her employment; provided that, if he/she fails to give such notice in full, (a) he/she shall pay the employee at the ordinary rate of pay applicable under this award for a period equal to the difference between three months and the period of the notice given, and (b) the period of notice required by this clause to be given shall be deemed to be service with the employer for the purpose of the Long Service Leave Act, 1955, the Building and Construction Industry Long Service Payments Act, the Annual Holidays Act, 1944, or any Act amending or replacing either of those Acts, and provided further that the right of the employer summarily to dismiss an employee for malingering, inefficiency, neglect of duty or misconduct, shall not be prejudiced by the fact that the employee has been given notice pursuant to this clause of the termination of his/her employment.

 

32.       DEFINITIONS

 

(i)         Air Lock Attendant shall mean a labourer engaged to control an air lock. He/she shall have experience in air lock working or shall be trained specially before taking up his/her duties.  He/she shall not be required to attend to more than one air lock and shall be stationed near the lock entrance.

 

(ii)        Camp or Amenities Attendant shall mean a labourer appointed to maintain the camp area, camp service and/or job amenities in a clean condition. He/she shall light and shall attend to fires and shall boil water, where required by this award, for employees living in the camp or working on the job.

 

(iii)

 

(a)        Concrete Finisher means an employee, other than a concrete floater, who is engaged in the hand finishing of concrete or cement work.

 

(b)        Concrete Kerb Finisher and Patcher means an employee engaged in concrete or cement work when using a steel or wooden or rubber or mechanical trowel to finish or patch kerbs laid by kerb extruding machines but does not include screeders or bagging off or broom finishing.

 

(iv)       Concrete Floater means an employee engaged in concrete or cement work and when using a wooden or rubber or mechanical trowel or wooden float or engaged in bagging off or broom finishing or patching.

 

(v)        Leading Hand shall mean an employee who shall be in charge of any number of employees and who shall, if required, keep a record of the times of employees under his/her control.

 

(vi)       Maintenance Labourer shall mean a labourer in a gang engaged in the various classes of work necessary in connection with the maintenance to reconditioning or minor improvements of existing roads excepting a bituminous gang labourer as defined.

 

(vii)      Maintenance Patrolman shall mean a labourer regularly engaged, and usually working alone in the maintenance of any given length of road whose duties shall necessitate working in all weathers.

 

(viii)     Bituminous Gang Labourer shall mean a labourer employed in a gang which is engaged on a regular basis in spraying including flush sealing, priming, application or precoated or other aggregate, laying and spreading of bituminous material.

 

(ix)       Pipelayer and/or Joiner shall mean a labourer actually laying and/or jointing pipes and/or fittings but shall not include a labourer assisting.

 

(x)        Shaft Miner shall mean an employee excavating a shaft, earth or rock, having an inclination to the horizontal of 15 degrees or more but does not include an employee excavating pier holes or other foundations provided the pier holes or other foundations do not exceed 15.2 metres in depth from the nearest horizontal plane.

 

(xi)       Timberperson shall mean a labourer directly engaged in timbering any trench or other excavation not being a tunnel or shaft when such timbering is for the purpose of the excavation.

 

(xii)      Trench Labourer Excavating shall mean a labourer engaged in excavating trenches or foundations for bridges, culverts or keyways for foundations for dams and shall include a labourer shovelling excavated material from a platform or bench in a trench. When excavating in cylinders and/or coffer dams the depth shall be measured from the top of the cylinder, coffer dam or the ground level, whichever gives the greatest depth.

 

(xiii)     Weekly Hand shall mean a labourer engaged and paid by the week in a classification in section (ii), Weekly Employees of Table 1 - Wages of Part B, Monetary Rates.

 

(xiv)     Daily Hand shall mean a labourer engaged by the day in a classification in section (i) Daily Employees of Table 1 - Wages of Part B Monetary Rates. A daily hand shall be entitled to a day's pay for every day he/she reports for work except when notified not later than the day before that he/she is not so to report. When a labourer is discharged for misconduct or absents himself from work or where work commences late due to weather conditions, except where otherwise provided for herein, he/she shall be paid proportionately for the time worked.

 

(xv)      Sandstone shall mean and shall include ‑

 

(a)        sandstone indurated shale, conglomerate, quartz, quartzite, cherts and any other rock containing more than 50 per centum of free silica;

 

(b)        granite, porphyry, gneiss, schist, slate and any other rock containing 50 per centum or more of silica, as opposed to free silica, and 20 per centum of free silica when worked in a tunnel cutting with head, shaft, driver, trench, 91 or more centimetres deep, quarry, whilst being worked with at least two faces, or other confined space and the rock is in hard formation requiring the use of percussion tools.

 

(xvi)     Pipe Liner‑hand shall mean a labourer working inside a pipe, lining joints.

 

(xvii)    Rotary Earth Digger Operator shall mean an operator of a mobile truck mounted or self‑ propelled machine incorporating cutting bits or augers for boring shafts, piers, and caissons of various diameters and depths.

 

(xviii)   Mixed Enterprise means an employer's enterprise carried on for the purpose of production, treatment, distribution or provision of articles, goods, merchandise materials, the production, treatment, distribution or provision whereof is not attributable to or mainly dependent on the work performed by employees covered by this award but in which the work performed by such employees is subsidiary and is auxiliary to the carrying on of the enterprise.

 

(xix)      Storeperson ‑ shall mean an employee who is required to carry out all the duties of a Storeperson associated with the issue and receipt of stores on the Computerised Stock System, including the allocation, checking and verification of catalogue numbers on documents emanating from the Stores such as invoices, delivery dockets, stores issue dockets and day book.

 

(xx)       Inclement Weather means wet weather and/or abnormal climatic conditions such as hail, cold, high winds, severe dust storms, extreme high temperatures or any combination thereof.

 

(xxi)      Labourer placing precast blocks and metal strips in reinforced earth construction shall mean a labourer in a gang engaged in various works necessary in connection with placing, laying or other process of reinforced earth construction using precast retaining blocks lifted by mechanical means.

 

32A.    AWARD MODERNISATION

 

(a)        The parties are committed to modernising the terms of the award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

 

(b)        The parties commit themselves to the following principles as part of the Structural Efficiency process and have agreed to participate in a testing process in accordance with the provisions of this clause:

 

(i)         Acceptance in principle that the new award skill level definitions will be more suitable for the needs of the industry, sometimes more broadly based, in other matters more truly reflective of the different skill levels of the tasks now performed but which shall incorporate the ability for an employee to perform a wider range of duties where appropriate.

 

(ii)        The parties will create a genuine career path for employees which allows advancement based on industry accreditation and access to training.

 

(iii)       Co‑operation in the transition from the old structure to the new structure in an orderly manner without creating false expectations or disputation.

 

(c)        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.

 

32B.    STRUCTURAL EFFICIENCY EXERCISE

 

(a)       

 

(i)         An 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 to this award provided that such duties are not designed to promote de‑skilling.

 

(ii)        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.

 

(iii)       Any direction issued by an employer shall be consistent with the employers responsibilities to provide a safe and healthy working environment.

 

(b)        The parties to this award are committed to co‑operating positively to increase the efficiency, productivity and international competitiveness of the civil construction industry and to enhance career opportunities and job security of employees in the industry.

 

(c)        Measures raised for consideration shall be related to implementation of a new classification structure, any facilitative provisions contained in this award and matters concerning training.

 

(d)        Award restructuring should be given its wider meaning, and award restructure should not be confined to the restructuring of classifications but may extend to the review of other restrictive provisions which currently operate. To that end, such restrictive provisions will be reviewed on an ongoing basis.

 

(e)        The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

 

(i)         developing a more highly skilled workforce;

 

(ii)        providing employees with career opportunities through appropriate training to acquire additional skills, and

 

(iii)       removing barriers to the utilisation of skills acquired.

 

(f)         Any disputes arising in relation to the implementation of this clause shall be subject to the provisions of the settlement of disputes clause.

 

32C.    ENTERPRISE ARRANGEMENTS

 

(i)

 

(a)        As part of the Structural Efficiency exercise and as an ongoing process, improvements in productivity and efficiency, discussions should take place at an enterprise to provide more flexible working arrangements, improvement in the quality of working life enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultation mechanisms across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi‑union/union award workplaces. Union delegates at the place of work may be involved in such discussions.

 

(b)        The terms of any proposed genuine arrangement reached between an employer and employee(s) in any enterprise shall, after due processing, substitute for the provisions of this award to the extent that they are contrary provided that:

 

(1)        A majority of employees affected genuinely agree.

 

(2)        such agreement is consistent with the current State Wage Case principles.

 

(c)

(1)        Before any arrangement requiring variation to the award is signed and processed in accordance with subclause (ii), details of such arrangements shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member.  A union or an employer association may, within 14 days thereof, notify the employer or the Public Employment Industrial Relations Authority in writing of any objection to the proposed arrangements including the reasons for such objection.

 

(2)        When an objection is raised, the parties are to confer in an effort to resolve the issue.

 

(ii)        Such enterprise arrangements shall be processed as follows :‑

 

(a)        All employees will be provided with the current prescriptions (e.g. award, industrial agreement or enterprise arrangement) that apply at the place of work.

 

(b)        The authorised representative of employees at an enterprise may include a delegate, organiser or official of the relevant union if requested to be involved by the majority of employees at the establishment.

 

(c)        The arrangement shall be signed by the employer, or the employer's duly authorised representative, and the employees, or their authorised representative with whom agreement was reached.

 

(d)        Where an arrangement is objected to in accordance with subparagraph (c) (1) of subclause (i) and the objection is not resolved, an employer, may make application to the Industrial Relations Commission of NSW to vary the award to give effect to the arrangement.

 

(e)        The union and/or the employer association shall not unreasonably withhold consent to the arrangements agreed upon by the parties.

 

(f)         If no party objects to the arrangement, then a consent application shall be made to the Industrial Relations Commission of NSW to have the arrangement approved and the award varied in the manner specified in paragraph (g).

 

Such applications are to be processed in accordance with the appropriate State Wage Case principles.

 

(g)        Where an arrangement is approved by the Industrial Relations Commission of NSW and the arrangement is contrary to any provisions of the award, then the name of the enterprise to which the arrangement applies, the date of operation of the arrangement, the award provisions from which the said enterprise is exempt, and the alternative provisions which are to apply in lieu of such award provisions, (or reference to such alternative provisions), shall be set out in a schedule of the award.

 

(h)        Such arrangement when approved shall be displayed on a notice board at each enterprise affected.

 

(i)         No existing employee shall suffer a reduction in entitlement to earnings, award or overaward, for working ordinary hours of work as the result of any award changes made as part of the implementation of the arrangement.

 

33.       DAMAGE TO CLOTHING

 

An employee whose clothing is spoiled by acid or sulphur or any other deleterious substance, due to the circumstances of his/her employment shall be recompensed by his/her employer to the extent of his/her loss.

 

34.       BEREAVEMENT LEAVE

 

(i)         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 (c) of this subclause.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(iii)       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 (ii) of paragraph (c) of subclause (1) of Clause 18 - Personal/Carers Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       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.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses  (2), (3), (4), (5) and (6) of the said Clause 18   In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

Note: Government and quasi-government bodies: See Uniform Leave Conditions for Ministerial Employees or for persons employed under the Public Sector Management Act 1988 the relevant provisions of the Crown Employees (Public Service Conditions of Employment 1997) Award, as varied, or any replacement award.

 

35.       JURY SERVICE

 

An employee on weekly hiring required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have been paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

 

An employee shall notify his/her employer as soon as practicable of the date upon which he/she is required to attend for jury service, and shall provide his/her employer with proof of his/her attendance, the duration of such attendance, and the amount received in respect thereof.

 

Note: Government and quasi-government bodies: See Uniform Leave Conditions for Ministerial Employees or for persons employed under the Public Sector Management Act 1988 the relevant provisions of the Crown Employees (Public Service Conditions of Employment 1997) Award, as varied, or any replacement award.

 

36.       SETTLEMENT OF DISPUTES

 

(a)        Subject to the provisions of the NSW Industrial Relations Act, 1996, any dispute shall be dealt with in the following manner:

 

(i)         Where a dispute arises at a particular job location, which cannot be resolved between the employee or his/her representative and the supervising staff, it shall be referred to the Industrial Officer or other officer nominated by the employer who will then arrange for the matter to be discussed with the Union or Unions concerned;

 

(ii)        Failing settlement of the issue at this level the matter should be referred to senior management and if appropriate the assistance of an officer of the relevant employer organisation requested;

 

(iii)       If the matter remains unresolved it should be referred to the Industrial Relations Commission of NSW under Section 130, of the Industrial Relations Act, 1996.

 

(iv)       Whilst these procedures are continuing, no stoppage of work or any other form of limitation of work shall be applied;

 

(v)        The right is reserved to the parties to vary this procedure where a safety factor is involved.

 

(b)        Demarcation Disputes

 

(i)         The parties agree that there shall be no stoppage or other interruption to the continuity of work whilst demarcation issues or disputes are being processed in accordance with the following procedure.

 

(ii)        The employer shall be advised immediately a demarcation issue arises.

 

(iii)       The shop stewards of the unions involved in the demarcation dispute shall advise their union office of the dispute at the earliest convenient time through the relevant official.

 

(iv)       Officials of the unions involved will confer as early as possible with the aim of resolving the dispute.

 

(v)        If the dispute is capable of being resolved at this level the union officials will advise the employer of the details of the resolution.

 

(vi)       If the dispute is not resolved in accordance with the above procedure then the union will refer the matter to the New South Wales Labour Council for their assistance.

 

(vii)      Whilst this procedure is being followed the status quo will be maintained without prejudice to any of the parties.

 

(viii)     The employer shall be kept advised of the outcomes of all discussions and will retain the right to refer the dispute to the Industrial Relations Commission of NSW if necessary.

 

37.       LEAVE RESERVED

 

Leave is reserved to the parties to make application by consent for amendments to the form of clause 32C, Enterprise Arrangements.

 

38.       AREA, INCIDENCE AND DURATION

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award published 15 September 2000 (318 IG 720) and all variations thereof.

 

It shall apply to all employees of the classes specified in clause 3, Wages, of this award in the State excluding the County of Yancowinna, within the jurisdiction of the Labourers, Railway and Road Construction, &c. (State) Conciliation Committee.

 

The award published 15 September 2000 took effect from the first pay period to commence on or after 13 July 1998 and shall remain in force for a period of 12 months.

 

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 Award made by the Industrial Relations Commission of New South Wales on 18 December 1998 (30 IG 307) take effect on and from 23 August 2001.

 

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

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

(State Wage Case 2001 effective from the first full pay period to commence on or after 7 September 2001)

 

Classification	Column 1	Column 2
	Unloaded Hourly	Total All-
	Rate	purpose
	(3(i)(a))	Hourly Rate
	$	(3(i)(b)) ($)
(i) Daily Employees
Civil Construction Worker Grade 1 -	11.5865	13.24
Construction Worker ‑ Other
Adzeperson, augerperson or sawperson
Assistant depotperson
Axeperson
Ballast ‑ labourer discharging from punt
Bridge foundations ‑ labourer engaged in boring for (except
machineperson)
Compressed and/or mastic asphalt labourer;
Caulker
Crusher feeder and sand roller attendant
Divers' pumper
Flying fox ‑ labourer
Forest devil ‑ labourer
Incinerator attendant (Cockatoo Dockyard)
Labourer destroying rabbits (if required to provide transport $1.55
per day extra and $1.11 cents per week extra shall be paid for each
dog not exceeding two dogs)
Pole erecting ‑ labourers erecting telegraph poles, electric lights
and/or power poles
Signalperson ‑ cable way
Turfing, cutting and/or laying ‑ including landscaping on civil
engineering construction ‑ labourers engaged in
Underground Trench & Excavation
Trench labourer 0.9m‑3m (when required to use pneumatic
machines shall be paid at least machineperson's rates).
Irrigation
Labourer ‑ boring test or other holes by hand
Labourer cutting noxious weeds with hoe
Layer‑on of hot mastic asphalt compounds in supply channels,
expansion joints or cracks in concrete channels
Maintenance persons ‑ in channels
Painter or layer of bitumen, colfix, laykol or any similar substance
Railway Construction
Group (A):
Back Bolter
Boxer‑up
Drakesperson, spragger or spragsperson
Cutting and/or breaking rails ‑ labourer
Erector of grade indicators
Fettler
Heelperson
Jackperson (two to be paid alike)
Labourer erecting stanchions for the overhead wiring for railways
and tramways
Linker‑in
Leverperson
Loading, unloading and / or stacking rails and / or sleepers and / or
new material ‑ labourer
Packer on metal roads and/or in yards
Packers (two) with leverperson on metal roads and/or in yards in
gangs of eight or more employees
Packers (two) with leverpersons on muck roads in gangs of eight or
more employees
Punchperson, hydraulic and/or crowperson
Rail pressing ‑ labourer
Re‑railing and/or re‑sleepering ‑ labourer
Sleeper spacer and squarer
Straightening gang ‑ labourer in
Road Construction and Maintenance
Tar and/or bituminous labourer ‑ other
Land and Water Conservation & Irrigation
Labourer cleaning silt pits‑‑irrigation area
Cylinder Sinking
Employees working in cylinders or caissons without air pressure
excavating earth other than rock, concrete, sandstone and/or strata
other than earth less than 6.1 metres deep
(26 cents per shift extra for each additional 6.1 metres of depth or
part thereof)
Cylinder sinking ‑ Benoto process ‑ attendant
Civil Construction Worker ‑ Grade 2	11.7876	13.45
Railway Construction
Group (B):
Fastener, fisher‑up and/or ratchet borer
Lifting ganger's offsider
Rail welder's assistant
Road Construction & Maintenance
Maintenance labourer
Bituminous gang labourer
All other attendants at stone handling plant
Maintenance patrolperson
Land and Water Conservation & Irrigation
Helper ‑ Hand Boring Plant
Test Well Borer
Construction Worker Other
Bankperson ‑ in connection with dredges including employees
laying or removing pipes between dredge and shore
Construction Worker Group 1
Amenities attendant (including camp)
Sanitary and/or garbage labourer
Clerical work ‑ labourer
Labourer tarring bridge and/or other woodwork
Fencer
Traffic controller
General labourer ‑ not otherwise classified
Greaser
Labourer ‑ bending, reinforcing steel
Labourer ‑ planting, spraying and/or lopping trees
Labourer ‑ loading, unloading and/or stacking materials
other than cement
Machineperson's assistant
Motor and/or pump attendant
Pile driver ‑ topperson
Pile pointer, ringer and/or shoer
Scabbler
Temporary building ‑ labourer erecting
Tipperson and/or loading tallyperson
Tradeperson's labourer ‑ on construction work
Civil Construction Worker Grade 3	12.5158	14.20
Construction Worker Other
Barring down ‑ labourers
Bridge carpenters' labourer (including demolition work)
Laboratory testing assistant
Pipe ‑ cement monier and/or concrete labourer engaged in the
manufacture of
Pipe layer and/or joiner
Pipe liner hand working inside pipe
Sand blast operator
Underground & Trench Excavation
Trench labourer 3m‑6m
Irrigation
Labourer using hand trowels on cement or concrete channels
Labourer using shovel for constructing cement channels ‑
known as laying on
Road Construction and Maintenance
Manual kerb extruding machine operator
Labourers engaged in the erection and placement of steel wire
mattresses
Land & Water Conservation & Irrigation
Spray Operator
Railway Construction
Group (C):
Leader linker‑in
Rail welder
Operators of track laying renewal machines as follows:
(i)         Sleeper gantry operator
(ii)        Sleeper feed operator
(iii)       Sleeper pick‑up operator
(iv)       Rail alignment operator
Assistant operator of track tamping machine
Operator of "Pan Driver" machine or similar
Group (D):
Operator Ballast Regulating Machine
Concrete Construction
Central Motor Batch Plant Operator (this rate is inclusive of any
extra payment)
Concrete Worker ‑ including floater form erector and/or stripper,
jazzerperson and/or tamperperson, concrete cutting or drilling
machine operator, kerb and/or gutter layer
Labourer bending, reinforcing steel to pattern or plan
Cement gun operator ‑ other
Assistant concrete pump operator
Pressure grouter's assistant
Construction Worker ‑ Group 2
Bricklayer's labourer
Cement ‑ labourer loading, unloading and/or stacking
Crane chaser
Erector structural steel
Greaser attending machinery cable way above ground level
Worker ‑ placing precast blocks and metal strips in reinforced earth
constructions
Machine drill and/or tool sharpener
Machineperson and/or pneumatic pickperson
Timberperson up to 6.1m in depth
Pegperson and/or employee boning
Powder monkey's assistant
Preload wire winding machine operator
Rigger's assistant and/or hemp rope splicer
Storeperson
Civil Construction Worker ‑ Grade 4	12.8157	14.51
Construction Worker Other
Wharf Preservation Operator ‑ this rate is inclusive of any extra
payment for the use of creosote and working afloat in a scow
Concrete Construction
Central concrete batch plant ‑ weigher and batcher (this rate is
inclusive of any extra payment)
Cement Gun Operator ‑ wet ‑ underground
Manhole builder
Concrete finisher
Concrete kerb finisher & patcher (steel, wooden, rubber or
mechanical trowels)
Labourer placing and/or tack welding, reinforcing steel
Pressure grouter
Underground & Trench Excavation
Tunnel miner ‑ assisting
All other labour in tunnelling crew
Trench labourer over 6.1‑12.2m
Road Construction & Maintenance
Hot mix plant operator, other
Field assistant
Storeperson
Stone handling plant attendant
Labourers engaged in the erection and placement of steel wire box
gabions
Land and Water Conservation & Irrigation
Driller - hand boring plant
Construction Worker Group 3
Augerperson ‑ pneumatic or electrically powered augers and/or
timber boring machines
Frankipile operator
Pile driver
Powder monkey
Scaffolder (certificated)
Timberperson over 6.1m in depth
Wire rope splicer (not being a certified rigger)
Civil Construction Worker ‑ Grade 5	13.2213	14.93
Construction Worker Other
Pile driver ‑ loading on sheer legs or pile frame up to 30.5 tonnes
lift
Operator of mobile track drill independent rotation
Concrete Construction
Cement gun operator ‑ dry ‑ underground
Road Construction & Maintenance
Hot mix operator ‑ plant with capacity of under 1474.2kg per batch
Pug Mill Rated Capacity 1474.2kg per batch or equivalent
Land and Water Conservation & Irrigation
Gemco drill operator
Trainee channel attendant
Railway Construction
Group E:
Operator track tamping machine
Construction Worker Group 4
Dogperson
Rigger (certificated) and wire rope splicer
Civil Construction Worker ‑ Grade 6
Construction Worker Other
Pile driver ‑ loading on sheer legs or pile frame over 30.5 tonnes lift
Road Construction & Maintenance
Pug mill rated capacity 1474.7kg but less than 6000kg
Underground & Trench Excavation
Tunnel miner
Shaft miner
Concrete liner in tunnel
Mechanical miner operator
Civil Construction Worker ‑ Grade 7	13.6768	15.40
Road Construction & Maintenance
Pug mill rated capacity of 6000kg or more
Land & Water Construction & Irrigation
Percussion Drill Operator ‑ Research
Civil Construction Worker ‑ Grade 8	13.7320	15.46
Construction Worker Other
Labourer ‑ using boat for the recovery of flotsam and jetsam
Civil Construction Worker ‑ Grade 9	14.0652	15.80
Underground & Trench Excavation
Miner attending tunnel boring machine
Civil Construction Worker ‑ Grade 10	14.6105	16.36
Underground & Trench Excavation
Miner operating tunnel boring machine
Youths
% of Civil Construction
Worker Grade 2
At 15 years of age                               50.5	5.95	7.43
At 16 years of age                               61.5	7.25	8.77
At 17 years of age                               71.5	8.43	9.99
Cylinder Sinking
Air lock Attendant	88.88	101.50
Employee working in cylinders or caissons with air pressure in	88.07	100.67
earth other than rock, concrete, sandstone and/or strata other than
earth less than 6.1 metres deep (26 cents per shift extra for each
additional 6.1 metres of depth or part thereof)
Employee working in cylinders or caissons with air pressure in
rock, concrete, sandstone and/or strata other than earth less than 6.1	95.30	108.13
metres deep (26 cents per shift extra for each additional 6.1 metres
of depth or part thereof)
Construction Worker - Other
Diver ‑ six hour day	105.00	118.13
Diver's attendant - six hour day	93.90	106.68
(ii)   Weekly Employees
Rotary Earth Digger (auger type) Operator ‑ from 48.5 to 74.6kw	472.20	520.60
Rotary Earth Digger Operator ‑ from 74.6 to 111.9kw	481.80	530.20
Rotary Earth Digger Operator ‑ over 111.9kw	490.90	539.30
Rotary Earth Digger Operator ‑ assistant	417.20	465.60
Driller ‑ Operator ‑ Shot Drilling Machine ‑ Large ‑	489.50	537.90
38 hours and 35 hours per week
Driller ‑ Operator ‑ Diamond and/or Shot Drilling ‑	476.40	524.80
Machine ‑ Small
Driller ‑ Operator's Assistant‑‑Diamond and/or Shot	454.60	503.00
Drilling Machine ‑ Large
Driller ‑ Operator's Assistant ‑ Diamond and/or	454.20	502.60
Shot Drilling Machine ‑ Small
Driller Operator Shot Drilling ‑ Tamrock D.N.A.	533.70	582.10
800 Drill Operator
(Note: Operator setting diamonds and/or keeping safe custody of
diamonds shall be paid 5 cents per hour in addition to the above
rates.)
Premix and asphalt, central asphalt depot
Senior operator	559.20	607.60
Automatic kerb extruding, trimmer and paver machine operator‑
(i)         48.5kw and under	486.50	534.90
(ii)        over 48.5kw but less than 97kw	406.90	555.30
Slipform concrete paving machine operator	522.30	570.70
Curing and texture machine operator	488.90	537.30
Traffic line marking ‑ operator or machine attendant	485.20	533.60
Other attendant	469.30	519.70
Tow Truck Attendant ‑ Sydney Harbour Bridge	482.20	530.60
Artesian and Sub Artesian Bores:
Assistant cable tool rigs	441.20	489.60
Helpers - cable tool rigs	438.40	486.80
Assistants ‑ rotary hammer drill rigs	474.80	523.20
Helpers ‑ rotary hammer drill rigs	473.00	521.40

 

Table 2 - Other Rates and Allowances

 

Item	Clause	Brief Description	Amount
			$
1	3(iii)(a)	Sick Leave -    per week	20.80
		per hour	0.5474
2	3(iii)(b)	Industry Allowance -             per week	19.10
		per hour	0.5026
3	3(iv)	Leading hand in charge of -
		More than 2 and up to 5 employees	0.43 per hour
		More than 5 and up to 10 employees	0.63 per hour
		More than 10 employees	0.80 per hour
4	5(i)(a)	Working in Rain	2.16 per day
5	5(ii)(a)(1)	Wet Places	0.43 per hour
6	5(ii)(a)(4)(i)	Water over 45.5cm	2.87 per day
7	5(ii)(a)(4)(ii)	Water over 91.4cm	3.48 per day
8	5(ii)(b)	Work in Slurry	0.40 per hour
9	5(iii)	Snow over 15.2cm	3.48 per day
		Snow over 2.5cm and less than 15.2 cm	2.34 per day
10	5(iv)	Confined Space	0.53 per hour
11	5(v)(a)	Distant Places	0.92 per day
		Distant Places - western division	1.50 per day
12	5(v)(b)	Distant Places - Snowy River, etc.	1.50 per day
13	5(vi)	Road Construction - Distant Places	0.92 per day
14	5(vii)	Height Money	0.43 per hour
15	5(viii)	Explosive Power Tools	0.99 per day
16	5(ix)	Heavy Blocks -
		Over 5.5 kg and up to 9 kg	0.43 per hour
		Over 9 kg and up to 18 kg	0.77 per hour
		Over 18 kg	1.09 per hour
17	5(x)	Roof Repairs	0.43 per hour
18	5(xi)(a)	Epoxy Materials	0.53 per hour
19	5(xi)(c)	Working in close proximity to the above	0.43 per hour
20	5(xii)	Cleaning Down Brickwork	0.40 per hour
21	5(xiii)	Refractory Brickwork	1.30 per hour
22	5(xiv)(i)	Towers Allowance -
		Above 15 metres	0.43 per hour
		Each further 15 metres	0.43 per hour
23	5(xv)	Coal Wash	0.43 per hour
24	5(xvi)	Tow Truck Attendant	0.57 per hour
25	5(xvii)	Dust Allowance	9.56 per week
26	17	Meal Allowance	9.20
		each subsequent meal	7.65
27	24(iii)(k)(1)	Return Home Allowance	37.35
		each additional 10km	1.60
28	24(iii)(k)(4)	Camping Allowance	17.30 per day
29	25(i)(a)	Excess Fares	12.60 per day
30	25(i)(a)	Excess Fares - transport provided	4.80 per day
31	25(i)(b)	Travel Pattern Loading	8.50 per week
32	26(iv)(a)&(b)	Country Allowance - Unbroken week	313.50
33	26(iv)(c)(1)	Return Home Allowance	37.35
		each additional 10km	1.60
34	26(vi)	Meal whilst travelling	9.20
35	26(vi)	Bed Allowance whilst travelling	44.55
36	27(iii)	First Aid Allowance	1.95

 

 

LABOURERS, RAILWAY AND ROAD CONSTRUCTION, &c. (STATE)

CONCILIATION COMMITTEE

 

Industries and Callings

 

Labourers engaged in the construction and/or maintenance of railways, tramways, roads, bridges, water conservation and irrigation works, and harbour and reclamation works; construction work on civil and/or mechanical engineering projects; cement mixers, concrete workers, plate layers, hammer and drill persons, timberers, pipe layers, manhole builders, tool sharpeners, navvies with or without horses and drays, rockchoppers, sewer miners, and all labourers and assistants, employed in connection with any such callings; persons operating, attending, fuelling, greasing, cleaning and maintaining (excepting work usually performed by skilled tradespersons) mobile and stationery machines, cranes, winches and other motors, and mechanical equipment and appliances used in construction work on the surface or underground and in excavation work and also all juniper persons, pick, shovel, axe, and moyle person, scabblers, spawlers, knappers, fencers, grubbers, and clearers, excepting persons of the foregoing occupations who are engaged as general farm or station hands, or in and about gravel and sand pits; cleaners and sweepers employed by the Maritime Services Board of New South Wales on roads and wharves, and maintenance employees on racecourses; and excepting also all herdspersons and rangers and fence repairers who are employees of shire and municipal councils which are trustees of commons, and all employees of sanitary and garbage contractors with such councils in the State excluding the Municipality of Broken Hill;

 

Excepting employees of:

 

The Commissioner for Railways;

The Commissioner for Government Transport and the Commissioner for Motor Transport;

The Metropolitan Water Sewerage and Drainage Board;

The Hunter District Water Board;

South Maitland Railways Pty. Limited;

The Council of the City of Sydney The Sydney County Council;

Shire and Municipal Councils;

Electricity Commission of New South Wales;

 

The Electrolytic Refining and Smelting Company of Australia Proprietary Limited, the Metal Manufacturers Limited, the Australian Fertilizers Limited, and the Austral Standard Cables Proprietary Limited, at Port Kembla; including employees employed by Australian Fertilizers Limited on the bone‑crushing and fertilizer‑mixing and bagging plant at Granville; and in connection with the manufacture of acids, chemicals and fertilizers at Villawood;

 

The Commonwealth Portland Cement Company Limited;

The Kandos Cement Company Limited;

Southern Portland Cement Limited;

Australian Iron and Steel Limited, within the jurisdiction of the Iron and Steel Works employees (Australian Iron & Steel Limited) Conciliation Committee and the Quarries (Australian Iron & Steel Limited) Conciliation Committee;

 

The Australian Gas Light Company;

The North Shore Gas Company Limited;

 

The Broken Hill Proprietary Company Limited, at the Iron and Steel Works at Port Waratah;

Rylands Brothers (Australia) Proprietary Limited, at its works at Port Waratah near Newcastle;

Commissioner for Main Roads engaged in the maintenance of the Sydney Harbour Bridge.

 

Electric Light and Power Supply Corporation Limited;

Parramatta‑Granville Electric Supply Company Limited;

The Council of the City of Newcastle;

 

And excepting 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.

 

And excepting also ‑

 

Surveyors' labourers;

 

Labourers employed in or in connection with the manufacture of cement, monier and/or concrete pipes by hand or machine in factories;

 

Carters, grooms, stablepersons, yardpersons and drivers of motor and other power‑propelled vehicles;

Labourers employed in the maintenance of privately‑owned railways;

 

Employees within the jurisdiction of the following Conciliation Committees:

 

Race Clubs, &c., Employees (Cumberland & Newcastle);

Race Clubs, &c., Employees (Country);

 

Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited);

 

Labourers, Pastures Protection Boards and Dingo Destruction Boards (State);

 

Tubemakers of Australia Limited, Newcastle;

Showgrounds, &c., Employees (State);

Shortland County Council;

Smelting and Fertilizer Manufacturing (Sulphide Corporation Pty. Limited and Greenleaf Fertilizers Limited);

 

John Lysaght (Australia) Pty. Ltd. Newcastle;

 

John Lysaght (Australia) Pty. Ltd., Port Kembla;

 

Wire Rope Makers (Australian Wire Rope Works Proprietary Limited);

Commonwealth Steel Company Limited, Unanderra;

 

Building and Construction Industry Labourers on Site (State) Award;

 

Building Tradesmen on Construction (State) Award;

 

Tubemakers of Australia Limited, Yennora;

 

Sugar Manufacturers (State);

 

Cement Workers (Australian Portland Cement Limited);

 

Shoalhaven Scheme;

 

Googong Dam Project;

 

And excepting also‑‑

 

Persons within the jurisdiction of the Engine Drivers, &c., Australian Iron and Steel Limited), Engine Drivers, &c. (Broken Hill Proprietary Company Limited), Engine Drivers, &c. Coal Mining (State), Engine Drivers, &c. (Lysaghts Newcastle Works Limited), Engine Drivers, &c.

Metalliferous Mining (State) and Engine Drivers (Natural Oil Proprietary Limited) Industrial Committees

 

 

M. J. WALTON J, Vice-President

P. J. SAMS D.P.

B. W. O'NEILL, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.