Government
Railways (Building Trades Maintenance Staff) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1647 of 2007)
|
Before Commissioner
McLeay
|
20 February 2008
|
REVIEWED
AWARD
Clause No. Subject Matter
1. Anti-Discrimination
2. Definitions
3. Hours
4. Overtime
5. Rates of
Wages, Tool and Special Allowances
6. No Extra
Claims
7. Leading
Hands
8. Special
Rates
9. Annual
Leave Loading
10. Saturday
Work
11. Sunday
Work
12. Night
and/or Shift Work
13. Travelling
Time
14. Home
Passes
15. Living
Allowances
16. Inducement
Allowance
17. Sharpening
Tools
18. Picnic Day
19. Tool
Lockers or Boxes
20. Damage to
Clothing or Tools
21. Union
Notices
22. Notation
23. Terms of
Employment
24. Leave
Reserved
25. Personal/Carer's
Leave
26. Sick Leave
27. Dispute
Resolution Procedure
28. Redundancy
29. Occupational
Health and Safety for Employees of Labour Hire Employers
30. Area,
Incidence and Duration
1. Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
ground of race, sex, marital status, disability, homosexuality, transgender
identity, responsibilities as a carer and age.
(ii) It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with fulfilment of these
obligations for the parties to make application to vary any provision of the
award which, by its terms or operation, has a direct or indirect discriminatory
effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
Notes
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
2. Definitions
In this award "Employer" means the State Rail
Authority or the Rail Infrastructure Corporation or any contractor or subcontractor
engaged by the State Rail Authority or Rail Infrastructure Corporation or their
successor organisations.
3. Hours
Except as provided elsewhere in this award, the ordinary
working hours shall be an average of 38 per week worked in accord with the
following provisions for a four-week work cycle:
(i) Commencing 30
April 1982, the ordinary working hours shall be worked in any of the following
ways:
(a) by fixing one
week day on which all employees will be off during a four-week work cycle (i.e.
the location shuts down for a day once each four weeks and eight hours are
worked on the other 19-week days of those four weeks); or
(b) by rostering
employees off on various days of the week during a four-week work cycle so that
each employee has one day off during that cycle (i.e. as in paragraph (a) above
except that employees take various days off according to a roster so as to
avoid a location shutdown.)
The ordinary working hours of employees who are called
upon to work afternoon and/or night shifts shall be as arranged by the
Employer.
Provided that, by agreement between the Employer and
their employees, an alternate day in the four-week cycle may be substituted for
the rostered day off and paid as though worked and, where such agreement is
reached, all provisions of this award shall apply as if such day was the
prescribed day off.
(ii) Where such
rostered day off falls on a public holiday, the next working day shall be taken
in lieu unless an alternate day in that four-week cycle or the next is agreed.
(iii) Paid leave at
full rates taken during any cycle of four weeks shall be regarded as a day
worked for accrual purposes. The period
of annual leave is inclusive of non-working days and subject to all other
provisions an employee shall be entitled to a maximum of 12 rostered days off
in a calendar year, except where an employee does not take annual leave in that
calendar year.
(iv) Except as in
subclause (iii) of this clause, employees not working a complete 19-day
four-week cycle shall receive pro rata accrued entitlements for each day worked
payable for the programmed day off, or, in the case of termination of
employment, on termination.
(v) An employee
who works on their day off will receive another day in lieu in the same
four-week cycle, but, if this is not practical, it must be cleared in the next
work cycle. Should the employee fail to
clear the day in the first three weeks of the next work cycle, the employer
will nominate the day to be cleared in the fourth week.
(vi) A break of not
less than 30 minutes shall be allowed for a meal each day Monday to Friday both
inclusive to other than employees working on afternoon and/or night
shifts. Meal breaks for employees
working on afternoon and/or night shifts shall be as agreed upon between the Employer
and the employees concerned.
(vii) Notwithstanding
anything contained in this clause, the time worked each day and the times of
commencing and ceasing work on any particular section of work may be varied by
agreement between a majority of the employees and the Employer, subject to a
limit of 10 hours maximum in any one day and 76 hours each fortnight for the
purpose of enabling employees to cease work early to make connection with
transport.
(viii) Notwithstanding
anything contained in this award, the time worked each day and the times of
commencing and ceasing work on any particular section of work may be varied by
agreement between the relevant Unions and the Employer, provided that, where
the parties agree, ordinary hours may be worked in shifts of up to 12 hours'
duration without attracting an overtime penalty.
(Subclause (viii) of this clause inserted matter no.
768/91 op. 27.9.91.)
4. Overtime
(i) All time
worked beyond the ordinary time of work, inclusive of time worked for accrual
purposes as prescribed in clause 3, Hours, shall be paid for at the rate of one
and a half times the ordinary rates for the first two hours thereof and at
double time thereafter.
(ii) When an
employee on day work is required to work during their meal break, they shall be
paid at the rate of time and a half until the employee is allowed the usual
meal interval, unless they are allowed 20 minutes for crib, and is paid
overtime for the balance of the meal interval time worked by them.
(iii) When an
employee is required to work overtime so long as to preclude them having at
least eight consecutive hours off duty between the ordinary ceasing time of one
shift and the ordinary commencing time of the next, they shall be entitled to
be absent, if the exigencies of the service permit, until they have had eight
consecutive hours off duty without deduction of pay for ordinary time off duty
occurring during such absence. If the
exigencies of the service prevent such absence being allowed, the employee
shall be paid at the rate of double time for such portion of the eight hours as
is worked.
Overtime worked in the circumstances specified in
subclause (vii) of this clause shall not be regarded as overtime for the
purposes of this subclause where the actual time worked is less than three
hours on such recall or on each such recall.
(iv) When more than
one and a half hours' overtime is required to be worked immediately after
ordinary working hours, or after what would be the ordinary working hours if
the employee be working on a day the employee ordinarily has off, an employee
before starting to work such overtime shall be allowed a meal break of 20
minutes which shall be paid for at ordinary rates. The Employer and an employee may agree to any variation of this
provision, provided that the Employer shall not be required to make any payment
in respect of time allowed in excess of 20 minutes, provided further that this
subclause shall not operate to prevent urgent repairs being effected to
vehicles or locomotives at places, other than workshops, or to equipment to
keep a plant operating.
(v) An employee
who works four hours' overtime after having had the meal break provided for in
subclause (iv) of this clause shall be allowed a further meal break of 20
minutes without deduction of pay if the employee is required to continue
working.
(vi) An employee
required to work overtime for more than two hours immediately after ordinary
finishing time without being notified the day before that the employee would be
so required to work shall either be supplied with a meal by the Employer or
paid $10.50 for the first meal and for each subsequent meal. If an employee
pursuant to notice has provided a meal or meals and is not required to work
overtime, the employee shall be paid as herein prescribed for meals so
provided.
(vii) An employee
called out after working hours shall be paid for not less than three hours at
the appropriate penalty rate.
(viii) No employee,
including a night shift worker, shall work more than 16 hours' overtime in any
one week excepting in case of extreme emergency such as urgent repairs or delay
causing unemployment.
(ix) Subject to
paragraph (x) below, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for in this award.
(x) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours, which are unreasonable.
(xi) For the
purposes of paragraph (x) what is unreasonable or otherwise will be determined
having regard to:
(a) any risk to
employee health and safety;
(b) the employee's
personal circumstances including any family and carer responsibilities;
(c) the needs of
the workplace or enterprise;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) any other
relevant matter.
(Amount in paragraph (iv) varied in Government Railways
(Building Trades - Maintenance Staff 1994 Expense Related Allowances Award
matter no. 4911/97 effective date 30 September 1997.)
5. Rates of Wages,
Tool and Special Allowances
(i) Employees of
the classifications specified hereunder shall be paid at the following rates of
wages per week:
|
Classification
|
Base*
|
Tool
|
Fixed
|
Fixed
|
Tradespersons'
|
SWC
|
Total
|
|
|
rate
|
Allowance
|
Special
|
Additional
|
Allowance
|
2000-
|
per
|
|
|
per wk
|
per wk
|
Allowance
|
loading
|
per wk
|
2007
|
wk
|
|
|
$
|
$
|
per wk
|
per wk
|
|
|
|
|
|
|
|
$
|
$
|
$
|
$
|
$
|
|
Bricklayer
|
366.00
|
17.10
|
12.88
|
59.87
|
16.25
|
139.00
|
611.10
|
|
Bridge
|
|
|
|
|
|
|
|
|
Carpenter
|
366.00
|
24.20
|
12.88
|
59.87
|
16.25
|
139.00
|
618.20
|
|
Carpenter and
|
|
|
|
|
|
|
|
|
joiner
|
366.00
|
24.20
|
12.88
|
59.87
|
16.25
|
139.00
|
618.20
|
|
Painter
|
366.00
|
5.80
|
12.88
|
59.87
|
16.25
|
139.00
|
599.80
|
|
Signwriter
|
375.80
|
5.80
|
12.88
|
59.87
|
16.25
|
139.00
|
599.60
|
|
Plaster and
|
|
|
|
|
|
|
|
|
Fibrous
|
366.00
|
20.00
|
12.88
|
59.87
|
16.25
|
139.00
|
614.00
|
|
Plaster Fixer
|
|
|
|
|
|
|
|
|
Plumber and
|
369.10
|
24.20
|
12.88
|
59.87
|
16.25
|
121.00
|
623.30
|
|
Gasfitter
|
|
|
|
|
|
|
|
* Please note the base rate includes the now deleted basic
wage component of $121.40.
Provided that the amount shown as additional loading
comprehends consideration for over award payments
(ii) Without
limiting the general meaning, signwriting work shall include making of stencils
and stencilling by screen or any other method, and the making and/or fixing of
transfers.
(iii) The ordinary
hourly rates for employees engaged on leadburning shall be calculated by adding
to the hourly rate prescribed for journeyperson plumbers an amount of 62 cents
per hour.
(iv) The ordinary
hourly rates for employees in the following classifications shall be calculated
by adding to the hourly rate prescribed for journeyman plumbers in this clause
and sub-clause (vi) of this clause, the following rates:
Cents per hour
(a) When required
to act on their plumbers licence - 78
(b) When required to
act on their gasfitters licence - 78
(c) When required
to act on their drainers licence - 67
(d) When required
to act on their plumbers and gasfitters licence - $1.04
(e) When required
to act on their plumbers and drainers licence - $1.04
(f) When required
to act on their gasfitters and drainers licence - $1.04
(g) When required
to act on their plumbers gasfitter and drainers licence - $1.38
(h) When required
to act on Pressure Welding Certificate - 45
Gasfitting licence shall be deemed to include coal gas, town
gas, natural gas, liquid petroleum gas or any other gas where it is required by
any State Act of Parliament or regulation that the holder of a licence be
responsible for the installation of any such service or services.
(v) A plumber and
or gasfitter and/or drainer who is or will be required to be the holder of a
certificate of Registration shall be paid 58 cents per hour in addition to
their ordinary rate of pay.
This allowance shall be paid for all purposes of the
award with the exception of Clause 4 Overtime and Clause 12, Night and/or shift
work in which case it shall be paid as a flat rate and not subject to penalty
provisions.
(vi) The allowances
contained in sub-clause (iv) and (v) of this clause are applicable to employees
working a 40 hour week. Where employees work an average of 38 hours per week in
a four week work cycle the hourly rate indicated is to be multiplied by 40 and
divided by 38 to obtain an appropriate hourly rate.
(vii) The rates of
pay in this award include the adjustments payable under the State Wage Case
2007. These adjustments may be offset
against:
(i) any
equivalent overaward payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
6. No Extra Claims
It is a term of this award arising from the decision of the
Commission in Court Session in the State Wage Case of 29 May 1991 that the
Union(s) undertake(s), for the duration of the principles determined by that
decision, not to pursue any extra claims, award or over-award, except when
consistent with those principles.
7. Leading Hands
Leading hand tradesmen shall be paid at the rate of the
following amounts whilst so employed, in addition to the rates of wages
prescribed by Clause 5, Rates of wages, Tool and Special Allowances of this
award, for employees of the same classification:
|
|
Per Week
|
|
|
$
|
|
When in charge of not less than three and not more than
ten employees
|
26.20
|
|
When in charge of more than ten and not more than twenty
employees
|
39.70
|
|
When in charge of more than twenty employees
|
50.44
|
8. Special Rates
In addition to the ordinary rates of wages.
(i) Tunnels: An
employee when working in a tunnel 402.34 metres or over in length or in the
Eveleigh Engine dive shall be paid at the rate of 43 cents per hour extra.
(ii) Wet places:
An employee when working in any place where his clothing or boots become
saturated whether by water, oil or otherwise shall be paid at the rate of 54
cents per hour extra; provided that this extra rate shall not be payable to an
employee who is provided by the employer with suitable and effective protective
clothing and/or footwear; provided further that any employee who becomes
entitled to this extra rate shall continue to be paid such extra rate for such
part of the day or shift as he is required to work in wet clothing or boots.
(iii) Chokages: A
plumber who is employed upon any chokage or oil chokage (other than domestic
and is required to open up any soil pipe, waste pipe or drain pipe conveying
offensive material or scupper containing sewage shall be paid an additional
$5.70 per day or part of a day thereof.
(iv) Boilers,
flues, etc: An employee when engaged in alteration of repairs to boilers,
flues, furnaces, retorts and kilns shall be paid at the rate of $1.62 per hour
extra.
(v) Swinging
scaffold - a payment of $3.94 for the first four hours or any portion thereof
and 80 cents for each hour thereafter on any day shall be made to any person
employed -
(a) On any type of
swing scaffold or any scaffold suspended by rope of cable, bosuns chair etc.,
(b) On a suspended
scaffold requiring the use of steel or iron hooks or angle irons at a height of
6 metres or more above the nearest horizontal plane.
And further provided that solid plasterers when working off
a swing scaffold shall receive an additional 11 cents per hour.
(vi) An employee
who is called upon to handle charcoal, pumice, granulated cork, silicate of
cotton, insulwool, slag wool, or other recognised insulation material of a like
nature or working in the immediate vicinity so as to be offended by the use
thereof, 70 cents per hour or part thereof.
(vii) Hotwork: An
employee who works in a place where the temperature has been artificially
raised to between 46 degrees and 54 degrees Celsius shall be paid 54 cents per
hour or part thereof exceeding 54 degrees Celsius- 70 cents per hour or part
thereof.
Where such work continues for more than two hours the
employee shall be entitled to 20 minutes rest after every two hours work
without loss of pay, not including the special rate provided by this
sub-clause.
(viii) An employee
who works in a place the dimensions or nature of which necessitate working in a
cramped position or without sufficient ventilation shall be paid 67 cents per
hour extra.
(ix) Roof Repairs:
Employees engaged on repairs to roofs shall be paid 70 cents per hour.
(x) An employee
who is an authorised operator of explosive power tools shall be paid $1.28 for
each day on which he uses such a tool.
(xi) An employee
working on any structure at a height of more than 9.144 metres where an
adequate fixed support not less than .762 metres wide is not provided shall be
paid 54 cents per hour in addition to ordinary rates. This sub-clause shall not apply to an employee working on a
bosun’s chair or swinging stage.
(xii) An employee
being the holder of a Department of Industrial Relations oxyacetylene or
electric welding certificate or equivalent qualifications recognised by the
Employer when required by the Employer to act on either of his certificates or
equivalent qualifications during the course of his employment shall be entitled
to be paid for every hour of his employment on work the nature of which is such
that it is done by or under the supervision of the holder of a certificate or
while not performing but supervising such work the sum of 47 cents per hour for
each certificate in addition to the rates for journeyperson plumbers.
(xiii) A painter
engaged on all spray applications carried out in other than a properly constructed
booth approved by the Department of Commerce shall be paid 54 cents per hour
extra.
(xiv) Computing
quantities- Employees who are regularly required to compute or estimate
quantities of materials in respect to the work performed by other employees shall
be paid an additional $3.94 per day or part thereof, provided that, this
allowance shall not apply to an employee classified as a leading hand and
receiving allowance prescribed in clause 7, Leading Hands, of this award.
(xv) Applying
obnoxious substances:
(a) An employee
engaged in either the preparation and/or the application of epoxy based
materials or materials of a like nature shall be paid 69 cents per hour extra.
(b) In addition
employees applying such material in buildings which are normally
air-conditioned shall be paid 43 cents per hour extra for any time worked when
the air-conditioning plant is not operated.
(c) Where there is
an absence of adequate natural ventilation the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator
and in addition protective clothing shall be supplied where recommended by the
WorkCover Authority of New South Wales.
(d) Employees
working in close proximity to employees so engaged shall be paid 54 cents per
hour extra.
(e) For the
purpose of this clause all materials which include or require the addition of a
catalyst hardener and reactive additives or two pack catalyst system shall be
deemed to be materials of a like nature.
(xvii) Cleaning down
brickwork: A bricklayer required to clean down bricks using acids or other
corrosive substances shall be paid 48 cents per hour extra. While so employed
employees will be supplied with gloves.
(xviii) Bricklayers
laying other than standard bricks - bricklayers employed laying blocks (other
than concrete blocks for plugging purposes shall be paid the following
additional rates:
Where the blocks weigh over 5.5 kg and under 9 kg: 54
cents
Where the blocks weigh 9 kg or over up to 18 kg: 98
cents
Where the blocks weigh over 18 kg: $1.37
An employee shall not be required to lift a building
block in excess of 20 kg in weight unless such employee is provided with a
mechanical aid or with an assisting employee; provided that, an employee shall
not be required to manually lift any building block in excess of 20 kg in
weight to a height of more than 1.2 metres above the working platform.
(xix) Plumbers
engaged on electric welding applicable to plumbing other than those covered by
subclause (xii) of this clause shall be paid 16 cents per hour extra for the
time so worked.
(xx) Asbestos:
Employees required to use materials containing asbestos or to work in close
proximity to employees using such materials shall be provided with, and shall
use, all necessary safeguards as required by the appropriate occupational
health authority and where such safeguards include the mandatory wearing of
protective equipment (ie combination overalls and breathing equipment or
similar apparatus) such employees shall be paid 68 cents per hour whilst so engaged.
(xxi) Bagging:
Employees engaged upon bagging brick or concrete structures shall be paid 48
cents per hour.
(xxii) Second hand
timber: A carpenter and joiner who, whilst working on second hand timber has
his tools damaged by nails, dumps or other foreign matter in the timber shall
be paid an allowance of $2.12 for each day upon which his tools are so damaged.
Provided that no allowance shall be payable under this paragraph unless the
damage is immediately reported to the commission's representative on the job in
order that he may have an opportunity to properly investigate the matter.
(xxiii) Marking
setting out- A building tradesperson mainly employed marking and/or setting out
work for other employees shall be paid an additional margin of $20.76 per week.
(xxiv) Rates not
cumulative: Where more than one of the above special rates provide payments for
disabilities of substantially the same nature then only the highest of such
rates shall be payable.
The above rates shall not form part of the ordinary
rates of wages for the purpose of calculation of overtime.
9. Annual Leave
Loading
(i) Any employee
who has completed at least one year's service, who is regularly on shift work
and rostered to work on Sundays and/or public holidays, when proceeding on
annual leave shall be paid a loading at the rate of 20 per cent of the
appropriate weekly wage rate prescribed by this award in addition to payment
for such leave of absence.
(ii) Any other
employee who has completed at least one year's service when proceeding on
annual leave shall be paid a loading at the rate of 17 1/2 per cent of the
appropriate weekly wage rate prescribed by this award in addition to payment
for such leave of absence.
10. Saturday Work
(i) All time
worked with the approval of the Employer between 12 midnight on Friday and 12
midnight on Saturday to make up time lost or to be lost in connection with
weekend home visitation shall be paid for at the rate of single time.
(ii) All time
worked between 12 midnight on Friday and 12 midnight on Saturday which forms
part of the ordinary working hours for the week or the fortnight except time
worked in accordance with subclause (i) of this clause shall be paid for at the
rate of time and one half.
(iii) All time
worked between 12 midnight on Friday and 12 midnight on Saturday which does not
form part of the ordinary working hours for the week or the fortnight and which
is not worked in accordance with subclause (i) hereof shall be paid for at the
rate of time and one half for the first two hours and double time thereafter,
provided that an employee who attends for work as required on Saturday shall be
paid for not less than four hours' work.
11. Sunday Work
All time worked between midnight on Saturday and midnight on
Sunday shall be paid for at the rate of double time; provided that an employee
who attends for work as required shall be paid for not less than four hours'
work.
12. Night and/Or
Shift Work
Employees working night and/or shift work shall continue to
be paid in accordance with present practices.
13. Travelling Time
(i) Employees who
are required to travel in order to undertake duty at another place distant five
miles or more from their home station and further from their home than their
home station, but to and from which they are able to travel daily, shall be
credited with full time at single rate for the difference between the time at
which it would be necessary for them to leave their place of residence for the
temporary location and the time they would leave for their home station to work
a shift commencing at the same time and also the difference between the time at
which they can at the earliest arrive at their place of residence on the
conclusion of their shift and the time they would arrive thereat if the employee
had worked a similar shift at their home station.
(ii) Employees
required to travel in order to undertake duty at another place within five
miles of their home station shall not be credited with any time for the time
occupied in travelling unless the employee is obliged to first report at their
home station, in which case the employee shall be credited with the full time
at single rate for the time occupied in travelling from their home station to
the place of duty.
(iii) Employees
covered by subclauses (i) and (ii) of this clause shall not be entitled to free
rail travel between their residence and their home stations.
(iv) An employee
travelling on duty (other than as provided for in subclauses (i) and (ii) of
this clause) or working at a place away from their home station to and from
which they are unable to travel daily shall be paid for all time occupied in
travelling from place to place according to instructions up to a maximum of 12
hours out of every 24 hours or, where a sleeping berth is provided, a maximum
of eight hours out of 24. The said 24
hours shall count from time travel first commenced on a particular day.
The words "place to place" in this subclause
means from job to job and do not include time occupied in travelling to home
stations on home passes. When an
employee travels to their departmental home station on a home pass and
recommences duty at another location, they shall be paid for so much of their
time spent in travelling to the new location as is in excess of what it would have
taken them to return to their former place of work, subject to the limitation
herein prescribed; provided that employees engaged on short duration jobs which
finish on a Friday or a Saturday shall be paid for the travelling time involved
in returning to their home station up to the maximum hereinbefore
mentioned. A short duration job is one
which does not necessitate the employee being engaged in it for more than seven
consecutive days, including non-working Saturdays and Sundays, and does not
include work which progresses along a particular section of the track. Work elsewhere during the currency such
short duration job, which does not necessitate the employee being away from
their temporary location overnight, shall be deemed to be part of such job.
(v) When an
employee has been called upon to commence to travel by a train before 12
midnight to or from work which is performed at a place away from their home
station, and arrives at their destination between 12 midnight and 6.00 am and
the nature of the work will permit, they shall be allowed a reasonable time not
exceeding eight hours for a rest. Any
part of such eight hours which extends into what would otherwise be their
working time shall be paid for subject to a maximum payment for four hours.
(vi) An Employee
Who is temporarily transferred from their home station to another place of
employment because of strike conditions shall not be credited with any
travelling time.
(vii) Where payment
for travelling time is provided for in this award, the rate shall be ordinary
time except on Sundays when the rate shall be time and a half.
(viii) The provisions
of this clause have no application whatsoever to travelling time involved under
clause 14, Home Passes.
14. Home Passes
(i) Employees
working where they can get back at night to their home stations or depots after
knock-off time and be back at work by starting time next morning shall be
allowed passes to enable them to return to their home stations or depots.
(ii) Employees
working away from their home stations shall be allowed passes to enable them to
spend not less than 18 hours at home at weekends, provided such home is within
the boundary of the area in which they are employed and such passes shall be
issued:
(a) every week
where the said time and the time spent travelling involves no loss of time;
(b) once a
fortnight where such time involves any loss of time up to half a day;
(c) once in every
three weeks where such time involves the loss of more than half a day.
Time so lost may be made up on the Saturday or
Saturdays on which the passes are not issued where all employees on the job so
agree or at any other time when the parties agree. When the time is so made up, it shall not count in the ordinary days',
weeks' or fortnights' work, for any purpose, but shall stand by itself and be
paid for at ordinary rates.
(iii) Where
concessions as to home passes differ from these provisions, they shall not be
altered in consequence of this award.
15. Living Allowances
Employees covered by this award shall be paid living
allowances under the conditions as varied from time in clause 15, Living
Allowances, of Part III of the Railways Miscellaneous Grades Award.
16. Inducement
Allowances
16.1 An employee
stationed permanently on the following lines:
West of Euabalong West to Broken Hill
West and north-west of Nevertire to Cobar, Bourke and
Brewarrina
West and north-west of Wee Waa to Walgett and Pokataroo
North and north-west of Edgeroi to Mungindi and Wubbera
shall be paid an allowance as follows:
|
|
Per Week
|
|
|
$
|
|
Employee with
Dependant/s
|
9.00
|
|
Employee without
Dependant/s
|
7.60
|
16.2 An employee
with a spouse or partner who is also entitled to the allowance shall be
regarded as an employee without dependants for the calculation of the
allowance.
16.3 Where at 5
September 2002 an employee was entitled to the allowance at the dependant/s
rate, that employee shall continue to be paid at the dependant/s rate.
16.4 Where an
employee in receipt of an inducement allowance acts temporarily in his/her own
classification or in a lower classification in an area which does not entitle
the employee to an inducement allowance, he/she shall be paid at his/her normal
rate plus the inducement allowance for the area in which he/she is permanently
stationed.
16.5 Where an
employee in receipt of an inducement allowance acts temporarily in a higher
classification in an area which does entitle the employee to an inducement
allowance, he/she shall be paid the acting rate plus the inducement allowance
for the area in which he/she is permanently stationed.
16.6 The allowance
is paid for ordinary time only.
16.7 For the purpose
of this clause, a dependant means a spouse in either a marital or de facto
relationship, including a same sex partner who resides with the officer on a
bona fide domestic basis; or a child or parent of the officer or of the spouse
or partner, who ordinarily resides with the officer and is wholly or
substantially dependant on the officer.
17. Sharpening Tools
Grindstones shall be provided for the use of
carpenters. When the grindstone is not
driven by steam or other mechanical power, assistance shall be supplied to turn
it.
Saw sharpening and tool grinding may be done by the
employees during working hours. Files
for sharpening saws shall also be provided for the use of carpenters.
18. Picnic Day
(i) An employee
shall be granted a day's leave, without deduction of pay each calendar year, to
attend an approved picnic applying generally throughout the area of the
Employer in which they work. Such
employee if required by the Employer to work in this day shall be granted a
day's leave, without deduction of pay in lieu thereof.
(ii) The Employer
may require from an employee evidence of attendance or desired attendance at
the approved picnic referred to in subclause (i) and the production of the butt
of a picnic ticket purchased for the picnic shall be sufficient evidence to
satisfy this requirement. Where such
evidence is requested by the Employer, neither payment nor a day in lieu need
be given unless the evidence is produced.
(iii) An employee
who is not required by the Employer to work in the area in which normally
employed on the Picnic Day and who does not purchase a ticket for the picnic
shall be provided with alternative duties on that day. Such duties to be at the discretion of the
Employer.
(iv) An employee
who so elects to work in accordance with the subclause (iii) of this clause
shall not be entitled to a day's leave in lieu thereof.
(This clause varied matter no. 1458/86 op. 5.12.86.)
19. Tool Lockers Or
Boxes
A weatherproof and suitable lock-up shall be provided for
the storage of carpenters’ tools.
20. Damage to
Clothing and Tools
An employee whose clothing or tools are damaged by acid or
sulphur or other deleterious substances due to the circumstances of their
employment shall be recompensed by the Employer to the extent of their loss,
provided that this clause shall not apply if it be proved that such damage was
caused by the employee's negligence.
21. Union Notices
The Secretary of any of the Unions whose members are
provided for in this award shall be entitled to post Union notices not
exceeding 14 inches by 9 inches in a suitable place agreed upon with the
Employer; provided that any officer of the Employer may be entitled to remove
any notice which the Employer thinks should be removed on the ground that it is
offensive of objectionable.
22. Notation
The rates of wages prescribed by this award are subject to
alteration during the currency of the award in the event of the Industrial
Relations Commission making a determination pursuant to the Industrial
Relations Act 1996.
23. Terms of
Employment
(i) Payment of
wages shall be by electronic funds transfer to account. In cases where hardship may occur due to
inaccessibility of facilities, consideration will be given to payment by
cheque.
(ii) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
(b) the Union
shall advise the employer of the amount to be deducted for each pay period
applying at the employer's workplace and any changes to that amount;
(c) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months' service (continuous or otherwise).
(e) The employee's
authorisation shall be in writing and shall authorise the deduction of an
amount of Union fees (including any variation in that fee effected in
accordance with the Union rules) that the Union advises the employer to deduct.
Where the employee passes any such written authorisation to the Union, the
Union shall not pass the written authorisation on to the employer without first
obtaining the employee's consent to do so. Such consent may form part of the
written authorisation.
(f) Monies so
deducted from employees' pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
(g) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five per cent of the monies deducted; and
(h) where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(i) Where an
employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(j) The Union
shall advise the employer of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly, or quarterly as the case may be. The Union shall give the employer a minimum
of two months' notice of any such change.
(k) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(l) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of union membership fees to cease.
(m) In the case of
employers which currently deduct union membership fees, or whose payroll
facilities are carried out by way of an outsourcing arrangement, or whose
payroll calculations are made through the use of computerised means, from the
beginning of the first pay period to commence on or after 14th May 2004.
(n) In the case of
employers who do not fall within subparagraph (m) above, but who currently make
deductions, other than union membership fee deductions or mandatory deductions
(such as for taxation instalments or superannuation contributions) from
employees' pay, or have in place facilities to make such deductions, from the
beginning of the first pay period to commence on or after 14th August 2004.
(o) For all other
employers, from the beginning of the first pay period to commence on or after
14th November 2004.
(iii) 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 of this award provided that such duties are not designed to promote
deskilling.
(iv) 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.
(v) Any direction
issued by an employer pursuant to subclauses (ii) and (iii) shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
(This clause inserted matter no. 768/91 op. 27.9.91).
24. Leave Reserved
Leave is reserved in relation to the issue of part-time,
temporary and casual work.
25. Personal/Carer's
Leave
1.1 Use of Sick
Leave
1.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph 1.1.3(ii) of this subclause who needs the
employee’s care and support, shall be entitled to use, in accordance with this
subclause, any current or accrued sick leave entitlement, for absences to
provide care and support, for such persons when they are ill. Such leave may be taken for part of a single
day.
1.1.2 The employee
shall, if required, establish, either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under this
subclause where another person has taken leave to care for the same person.
1.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first-mentioned person who lives with the first-mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
1.1.4 An employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the Employer by telephone of such absence at the first
opportunity on the day of absence.
1.2 Unpaid Leave
for Family Purpose
1.2.1 An employee may
elect, with the consent of the Employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
subparagraph 1.1.3(ii) above who is ill.
1.3 Annual Leave
1.3.1 An employee may
elect, with the consent of the Employer, subject to the Annual Holidays Act
1944 (NSW), to take annual leave not exceeding five days in single-day periods
or part thereof, in any calendar year at a time or times agreed by the parties.
1.3.2 Access to
annual leave, as prescribed in paragraph 1.3.1 above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
1.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single-day absences until at least five consecutive annual leave days are
taken.
1.4 Time Off in
Lieu of Payment for Overtime
1.4.1 An employee may
elect, with the consent of the Employer, to take time off in lieu of payment
for overtime at a time or times agreed with the Employer within 12 months of
the said election.
1.4.2 Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
1.4.3 If, having
elected to take time as leave in according with paragraph 1.4.1 above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the 12-month period or on termination.
1.4.4 Where no
election is made in accordance with paragraph 1.4.1 above, the employee shall
be paid overtime rates in accordance with the award.
1.5 Make-up Time
1.5.1 An employee may
elect, with the consent of the Employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award at
the ordinary rate of pay.
1.5.2 An employee on
shift work may elect, with the consent of the Employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time at a later time) at the shift work rate which would
have been applicable to the hours taken off.
1.6 Rostered Days
Off
1.6.1 An employee may
elect, with the consent of the Employer, to take a rostered day off at any
time.
1.6.2 An employee may
elect, with the consent of the Employer, to take rostered days off in part-day
amounts.
1.6.3 An employee may
elect, with the consent of the Employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the Employer and employee, or subject to reasonable notice by
the employee or the Employer.
1.6.4 This subclause
is subject to the Employer informing each Union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the Unions to participate in negotiations.
26. Sick Leave
An employee who, after not less than three months'
continuous service in their current employment, is unable to attend for duty
during their ordinary working hours by reason of personal illness or personal
incapacity (including incapacity resulting from injury within the Workers
Compensation Act 1987 and or Workplace Injury Management Act 1998)
not due to their own serious and wilful misconduct shall be entitled to be paid
at the rate of single time for the period of such non-attendance, subject to
the following:
(i) Payment in
connection with sick leave is to be made on the next regular pay day after the
employee reports sick and such payment shall continue on regular pay days until
the employee exhausts their sick leave or resumes duty.
(ii) They shall
not be entitled to be paid leave of absence for any period in respect of which
they are entitled to workers' compensation.
(iii) They shall,
within 24 hours of the commencement of such absence, inform the Employer or
their representative of their inability to attend for duty and, as far as
possible, state the nature of the illness or incapacity and the estimated
duration of same.
(iv) They shall
prove to the satisfaction of the Employer (or in the event of a dispute the
Industrial Relations Commission) that the employee is or was unable on account
of such illness or incapacity to attend for duty on the days or days for which
payment under this clause is claimed.
(v) The employee
shall not be entitled in respect of any year of continued employment to sick
pay for more than 76 ordinary working hours.
Any period of paid sick leave allowed by the Employer to any employee in
any such year shall be deducted from the period of sick leave which may be
allowed or carried forward under this award in or in respect of such year. Each hour of sick leave paid shall count for
accrual purposes for clearance of accrued day off.
(vi) The rights
under this clause shall accumulate from year to year so long as their
employment continues with the Employer so that any part of 76 hours which has
not been allowed in any year may be claimed by the employee and shall be
allowed by the Employer subject to the conditions prescribed by this clause, in
a subsequent year of such continued employment. Any rights which accumulate pursuant to this subclause shall be
allowed by the Employer in any subsequent year of employment.
(vii) For the
purpose of this clause, "continuous services" shall be deemed not to
have been broken by:
(a) any absence
from work no leave granted by the Employer; or
(b) any absence
from work by reason of personal illness, injury or other reasonable cause,
(proof whereof shall in each case be upon the employee).
Provided that any such absence as aforesaid shall not
be counted in computing the qualifying period of three months.
(viii) Service with
the Employer before the date of coming into operation of this award shall be
counted as service for the purpose of qualifying thereunder.
27. Dispute
Resolution Procedure
(1) Any grievance,
claim or dispute which arises shall, subject to the delegation of the
supervisor concerned and provided the grievance, claim or dispute relates to a
local matter only and its resolution will not have a repercussive impact on
other locations, be settled where possible at the workplace between the
employee concerned and their immediate supervisor.
(2) If the problem
is not resolved at this level, it is to be discussed between the employees
concerned, the accredited local Union representative and the local controlling
officer.
(3) Should the
problem be incapable of resolution at the local level, the Employer and the
Union involved will confer and prompt arrangements shall be made for accredited
representatives of the Union to discuss the matter with the line manager or
their representative, together with officers of the Industrial Relations and/or
Human Resource sections.
(4) If the problem
remains unresolved, the General Manager, Employee Relations, or their nominee
and the President or Secretary of the State or Federal Branch of the Union
concerned or their nominee, whichever is appropriate, should confer and take
appropriate action to arrive at an agreement on the matters in dispute.
(5) At any stage
of the procedures, the parties may, by agreement, seek the assistance of a member
of the appropriate industrial tribunal or a mutually acceptable neutral
arbitrator for the purpose of endeavouring to conciliate or, by agreement,
arbitrate on the matter.
(6) In the event
of failure to resolve the matters by Steps (1) to (5) and where the parties are
unable to agree that the matters be determined by the appropriate industrial
tribunal, the Union(s) concerned, before taking any action which would affect
the operation of the service or members of other unions, shall forthwith notify
Unions New South Wales of the existence of the dispute, following upon which a
cooling-off period of 72 hours, excluding weekends and public holidays, shall
apply to enable Unions New South Wales to assist in the resolution of the
dispute. A copy of the notification
shall be forwarded to the Employer.
(7) During the
progress of all Steps (1) to (6), as indicated above (i.e. until the expiration
of a 72-hour notice of dispute) no changes will be implemented that are in
dispute and work shall continue as normal, except where there is a bona fide
safety issue involved.
(8) Should a
dispute still remain after the above procedures have been followed, either
party shall be free to take the course they consider appropriate, including
referral of the matter to the Australian Industrial Relations Commission for
conciliation or arbitration within the Commission's jurisdiction.
(9) Where a Union
lodges a claim or is in dispute with the Employer over the claim, the parties
shall follow the procedures set out herein.
(10) In the event of
any breach or threatened breach of the procedures outlined in Steps (1) to (6)
by either party or in the event of a dispute existing, Unions New South Wales
and the Employer will confer immediately and take whatever action is necessary
to resolve the matter.
(11) In the event of
a demarcation dispute arising, the above procedures shall be observed and work
shall continue as normal where it is agreed there is an existing custom;
otherwise work shall be continued at the instruction of the Employer.
(12) Stoppages
directed by Unions New South Wales or the ACTU and generally applying in
industry are exempted from this provision.
(13) Nothing
contained herein shall preclude either the Employer or Unions New South Wales
from entering into direct negotiations on any matter.
28. Redundancy
28.1 Definition
"Redundancy" means:
(a) a situation
where an employee who has less than 12 months' employment with their current
employer and ceases to be employed by an employer, other than for reasons of misconduct
or refusal of duty or termination of employment by the employee;
(b) a situation
where an employee who has more than 12 months' employment with their current
employer and ceases to be employed by an employer, respondent to the award,
other than for reasons of misconduct or refusal of duty.
"Redundant" has a corresponding meaning.
28.2 Redundancy Pay
A redundant employee shall receive redundancy/severance
payments, calculated as follows, in respect of all continuous with their
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, where the employee is terminated by the
Employer for reasons other than misconduct or refusal of duty and the employee
has been employed for less than 12 months' continuous service, then the
employee shall be entitled to a redundancy/severance payment of 1.75 hours per
week of service.
28.3 "Week's
pay" means the ordinary-time rate of pay at the time of termination for
the employee concerned.
28.4 If an employee
dies with a period of eligible service which would have entitled that employee
to redundancy pay, such redundancy pay entitlement shall be paid to the estate
of the employee.
28.5
(i) Any period of
service as a casual employee shall not entitle an employee to accrue service in
accordance with this clause for that period.
(ii) Service as an
apprentice will entitle an employee to accumulate credits towards the payment
of a redundancy benefit in accordance with this clause if the employee
completes an apprenticeship and remains in employment with that employer for a
further 12 months.
28.6 An employer
bound by this award may utilise a fund to meet all or some of the liabilities
created by this clause. Where an
employer utilises such a fund:
(i) payments made
by a fund designed to meet an employer's liabilities under this clause, to
employees eligible for redundancy/severance pay, shall be set off against the
liability of the Employer under this clause, and the employee shall receive the
fund payment or the award benefit whichever is the greater but not both; or
(ii) where a fund
which has been established pursuant to an agreement between unions and
employers does not make payments in accordance with this clause, contributions
made by an employer on behalf of an employee to the fund shall, to the extent
of those contributions, be set off against the liability of the employer under
this clause, and payments to the employee shall be made in accordance with the
rules of the fund or any agreement relating thereto and the employee shall be
entitled to the fund benefit or the award benefit whichever is greater but not
both.
28.7 Service as an
employee for Crown in the Right of the State of New South Wales shall not be
counted as service for the purpose of this clause.
28.8 Employee
Leaving during Notice
An employee whose employment is to be terminated in
accordance with this clause may terminate their employment during the period of
notice and, if this occurs, shall be entitled to the provisions of this clause
as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the
employee shall not be entitled to payment in lieu of notice.
28.9 Transmission of
Business
(i) Where a
business is, before or after the date of this award, transmitted from an
employer (in this subclause called "the transmittor") to another
employer (in this subclause called "the transmittee") and an employee
who at the time of such transmission was an employee of the transmittor in that
business becomes an employee of the transmittee:
(a) the continuity
of the employment of the employee shall be deemed not to have been broken by
reason of such transmission; and
(b) the period of
employment which the employee has had with the transmittor or any prior
transmittor shall be deemed to be service of the employee with the transmittee.
(ii) In this
subclause "business" includes trade, process, business or occupation
and includes part of any such business and "transmission" includes
transfer, conveyance, assignment or succession whether by agreement or by
operation of law and "transmitted" has a corresponding meaning.
29. Occupational
Health and Safety for Employees of Labour Hire Employers
29.1 Occupational
Health and Safety for employees of labour hire employers
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) The employer
engaging a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(iv) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this sub clause, the matter shall be dealt with pursuant to
the disputes settlement procedure of this award.
(v) This sub
clause has no application in respect of organisations which are properly
registered as Group Training Organisations under the Apprenticeship and
Traineeship Act 2001 (or equivalent interstate legislation) and are deemed
by the relevant State Training Authority to comply with the national standards
for Group Training Organisations established by the ANTA Ministerial Council.
30. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the
Government Railways (Building Trades Maintenance Staff) Award published 13 May
2005 (350 I.G. 1052) and all variations thereof.
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 20 February 2008.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.