CROWN EMPLOYEES (TRADES ASSISTANTS) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices of Award Review pursuant to
section 19 of the Industrial Relations
Act 1996.
(Nos. IRC 3492 and 3493 of 1999)
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Before the Honourable Mr Deputy
President Harrison
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29 May and 29 June
2001
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REVIEWED AWARD
Arrangement
PART A
Clause Number Subject Matter
1. Hours - Day Workers
2. Wages
3. Mixed Functions
4. Special Rates
5. Overtime
6. Shiftwork
7. Holidays And Sunday Work
8. Payment Of Wages
9. Contract Of Employment
10. Expense Related Allowances
11. Special Conditions
12. Hygiene And Safety First-Aid Outfit
13. Conveniences
14. Damage To Clothing Or Tools
15. Special Clothing
16. Excess Fares & Travelling Time
17. Exhibition Of Award
18. Dispute Resolution Procedures
19. Family & Community Service/ Personal Carer’s
Leave
20. Maternity Leave
21. Anti-Discrimination
22. Picnic Day
23. General Leave Conditions And Accident Pay
24. Union Delegate
25. Area Incidence And Duration
PART B
MONETARY RATES
Table 1 ¾
Wages
Table 2 - Other Rates
and Allowances
PART A
1. Hours - Day
Workers
1.1 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:
1.2 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
6.00 a.m. and 6.00 p.m. Employees shall be credited with 0.4 of one hour on
each day worked. This time will accrue
as an entitlement to take the fourth Monday in each cycle as a day off with
pay.
1.3 By agreement
in writing between the employer and the employee(s) an alternate day may be
substituted for the fourth Monday. All provisions of the relevant award will
apply to the alternate day off.
1.4 In the case of
Tool Storepersons who are directly associated with class work in the various
Technical and Further Education (TAFE) Institutes, the rostered day off shall
accumulate and be taken concurrently with recreation leave at a time mutually
convenient to the Institute and employee concerned.
1.5 Where the
fourth Monday or agreed rostered day off falls on a public holiday, 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.
1.6 Each day of
paid, sick or recreation leave taken and any public holidays occurring during
any cycle of four weeks shall be regarded as a day worked for accrual purposes.
1.7 Where an
employee has not worked a complete 4 week cycle, they shall be entitled to
pro-rata accrued entitlements towards a rostered day off for each day (or
fraction thereof) worked or regarded as worked in the cycle. This provision will also apply to their
entitlements on termination of employment.
1.8 In addition to
their accrued entitlements, employees shall be paid at the rates for Saturday
work as provided in Clause 5 Overtime of this award if required by the employer
to work on an accrued RDO. The
requirement to work shall apply in circumstances where it is necessary to
enable other workers to be employed productively, or to carry out maintenance
outside ordinary working hours, or for any other reasons arising from
unforeseen delays and/or emergency circumstances on a project.
1.9 Where an
employee works on his/her rostered day off in accordance with sub-section 1.8,
the employee may elect, where practicable, to have another day off in
substitution before the end of the succeeding work cycle. In such a case the accrued entitlements are
transferred to the substituted day off.
1.10 A paid rest
period of ten minutes shall be provided between 9 a.m. and 11 a.m. or at such
earlier time as may be mutually agreed upon.
Employees will be allowed a tea break during the afternoon period at a
time to be arranged by the employer. The taking of the tea break shall not
involve a complete stoppage of work. Where the majority of employees on a
particular site are covered by awards other than this award, the conditions for
the taking of morning and afternoon rest breaks that apply to the majority
shall be observed by mutual agreement.
2. Wages
The ordinary rates of pay for employees under this award
shall be as set out in Table 1 of Part B of this award.
3. Mixed Functions
Where an employee is engaged for more than two hours daily
or per shift on higher duties, they shall be entitled to a higher duties
allowance or rate allowance for the whole of such day or shift. If the higher duties are undertaken for two
hours or less during one day, payment at the higher rate shall apply only to
hours worked.
4. Special Rates
In addition to the wages prescribed in clause 2 Wages of
this award, the following special rates and allowances shall be paid to
employees:
4.1 Cold
Places-Employees working in places where the temperature is reduced by
artificial means to less than 0 degrees Celsius shall be paid the allowance
rate specified in Item 1 of Part B, Table 2. Where such work continues for more
than two hours, employees shall be entitled to twenty minutes rest after every
two hours work without loss of pay.
4.2 Confined
Spaces- Employees required to work in a confined space shall be paid the
allowance rate specified in Item 2 of Part B, Table 2. Confined space means a place the dimensions
or nature of which necessitate working in a cramped position or without
sufficient ventilation.
4.3 Dirty
Work-Work which is considered by both a supervisor and worker to be of a dirty
or offensive nature by comparison with the work normally encountered in the
trade concerned, and for which no other special rates are prescribed, shall be
paid for by the allowance rate specified in Item 3 of Part B, Table 2.
In the case of disagreement between the supervisor and
worker the latter shall be entitled within twelve hours to ask for a decision
on his/her claim by the employer, industrial officer, manager, superintendent
or engineer. A decision shall be given
on the worker's claim within twenty-four hours of its being asked for (unless
the time expires on a non-working day, in which case it shall be given on the
next working day) or else the said rate shall be paid. In any case where the
union is dissatisfied with the decision of the employer, industrial officer,
manager or engineer, it shall have the right to bring such case before the
Industrial Relations Commission of New South Wales.
4.4 Height
Money-Employees, working at a height of 7.5 metres from the ground, deck, floor
or water shall be paid the allowance rates specified in Item 4 of Part B, Table
2. Height shall be calculated from
where it is necessary for the employee to place his/her hands or tools in order
to carry out the work to such ground, deck, floor or water. For the purpose of
this subclause, deck or floor means a substantial structure that, even though
temporary, is sufficient to protect an employee from falling any further
distance. Water level means in tidal waters mean water level. This subclause
shall not apply to employees working on a suitable scaffold erected in
accordance with the Scaffolding and Lifts Act 1912.
4.5 Hot Places-
Employees working in the shade in places where the temperature is raised by
artificial means to between 46 degrees and 54 degrees Celsius shall be paid the
allowance rate specified in Item 5 of Part B, Table 2. In places where the
temperature exceeds 54 degrees Celsius such employees shall be paid the
allowance rate specified in Item 5 of Part B, Table 2.
Where work continues for more than two hours in temperatures
exceeding 54 degrees Celsius, employees shall also be entitled to twenty
minutes' rest after every two hours work, without deduction of pay. The work supervisor
will decide as to the temperature level, after consultation with the employees
who claim the extra rate.
4.6 Insulation
Material-An employee working in any room or similar area or in any confined
(unventilated) space where pumice or other recognised insulating material of a
like nature is being used in insulating work, shall be paid the allowance rate
specified in Item 6 of Part B, Table
2. If the insulating material is
silicate, they shall be paid an extra hourly amount also set out in Item 8. This additional allowance shall apply
whether the employee is actually handling such material or not, if the
insulating material includes granulated cork. The allowance will not be paid
for the handling of corkboard or materials contained in unbroken packages.
4.7 Smoke-boxes,
etc- Employees working on repairs to smoke-boxes, furnace or flues of boilers
shall be paid an hourly allowance. An employee engaged on repairs to oil fired
boilers, including the casings, uptakes and funnels, or flues and smoke stacks,
shall, while also working inside such boiler, be entitled to a further
allowance. The rates for both
allowances are specified in Item 7 of Part B, Table 2.
4.8 Wet Places-
(i) An employee
working in any place where water is continually dripping on the employee, or
where there is water underfoot so that clothing and boots become wet, shall be
paid the allowance rate specified in Item 8 of Part B, Table 2. This extra rate
is not payable where an employee is provided with suitable and effective protective
clothing and/or footwear. An employee who becomes entitled to this extra rate
shall be paid at that rate for any part of the day or shift that they are
required to work in wet clothing or wet boots.
(ii) An employee
who is called upon to work on a raft or open boat, or on a punt or pontoon
having a freeboard of 305 mm or less shall be entitled to the allowance rate
specified in Item 9 of Part B, Table 2.
(iii) An employee
called upon to work knee-deep in mud or water, shall be paid at the rate of the
allowance rate specified in Item 10 of Part B, Table 2. This subclause shall
not apply to an employee who is provided with suitable protective clothing
and/or footwear.
4.9 Acid furnaces,
Stills, etc- A bricklayer required to
work on the construction or repairs to acid furnaces, acid stills, acid towers
and all other acid resisting brickwork, shall be paid the allowance rate
specified in Item 11 of Part B, Table 2.
4.10 Towers
Allowance-An employee working on a chimney stack, spire, tower, radio or television
mast or tower, air shaft (other than above ground in a multi-storey building),
cooling tower, water tower or silo over fifteen metres in height shall be paid
the allowance rate specified in Item 12 of Part B, Table 2, for all work above
fifteen metres.
4.11 Depth Money- An
employee working in tunnels, cylinders, caissons, coffer dams and sewer work,
and in underground shafts exceeding 3 metres in depth shall be paid the
allowance rate specified in Item 13 of Part B, Table 2.
4.12 Swing Scaffolds-
The allowance rate specified in Item 14 of Part B, Table 2. for the first four
hours or any portion thereof, and for each hour thereafter on any day shall be
made to any persons employed:
(i) on any type
of swing scaffold or any scaffold suspended by rope or cable, bosun's chair,
etc.
(ii) 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.
Solid plasterers when working off a swing scaffold shall
receive an additional hourly payment as set out in Item 14 of Part B, Table 2.
An employee shall not be required to raise or lower a swing
scaffold by themselves.
4.13 Septic Tanks-If
an employee is required to work in a septic tank in operation he/she shall be
paid an additional amount set out in Item 15 of Table 2 per day or part of a
day.
4.14 Extra Rate Not
Cumulative-When more than one of the above rates provide payment for
disabilities of substantially the same nature, then only the highest of such
rates shall be payable.
4.15 Rates Not
Subject To Penalty Provisions-The special rates herein prescribed shall be paid
irrespective of the times at which the work is performed, and shall not be
subject to any premium or penalty conditions.
4.16 Explosive
Powered Tools-Employees required to use explosive powered tools shall be paid
the allowance rate specified in Item 16 of Part B, Table 2.
4.17 Mental
Institutions-Employees of the Department of Public Works and Services working
in mental institutions shall be paid the allowance rate specified in Item 17 of
Part B, Table 2 in addition to all other rates payable under this award. This
payment is not applicable to overtime or other penalty rates:
Payment under this subclause shall not be made in respect of
work done in such areas as may be agreed upon between the respective unions and
the Public Employment Office.
4.18 Distant Places-
4.18.1 All employees
working in districts west and north of and excluding
(i) State Highway
No. 17 from Tocumwal to Gilgandra
(ii) State Highway
No. 11 from Gilgandra to Tamworth
(iii) Trunk Road
No. 63 to Yetman and State Highway No. to Boggabilla up to the Western Division
boundary and excluding the municipalities through which the road passes.
shall be paid the allowance rate specified in Item 18 of
Part B, Table 2.
4.18.2 All employees
working the in Western Division of the State shall be paid the allowance rate
specified in Item 18 of Part B, Table 2.
4.18.3 All employees
working within the area bounded by and inclusive of
(i) Snowy River
from the New South Wales border to Dalgety, then by road directly from Dalgety
to Berridale
(ii) on the Snowy
Mountain Highway at Adaminaby to Blowering
(iii) from
Blowering southwest to Welaregang and on the Murray River
(iv) in a
south-easterly direction along the New South Wales border to the point of commencement.
shall be paid the allowance rate specified in Item 18 of
Part B, Table 2 extra per day or part thereof.
4.19 Morgues-An
employee required to work in a morgue shall be paid the allowance rate
specified in Item 19 of Part B, Table 2 per hour whilst so employed.
4.20 Applying
Obnoxious Substances-
(i) An employee
engaged in either the preparation and/or the application of epoxy based
materials or materials of a like nature shall be paid the allowance rate
specified in Item 20 of Part B, Table 2.
(ii) In addition,
employees applying such material in buildings, which are normally
air-conditioned, shall be paid the allowance rate specified in Item 20 of Part
B, Table 2.
(iii) 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.
In addition, protective clothing shall be supplied where recommended by the NSW
Department of Health.
(iv) Employees
working in close proximity to employees so engaged shall be paid the allowance
rate specified in Item 20 of Part B, Table 2.
(v) 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.
4.21 Foundry
Allowance-Employees, whilst employed in a foundry, shall be paid an allowance
as set in item 21 of Table 2 for each hour worked to compensate for all
disagreeable features associated with foundry work. This includes heat, fumes, atmospheric conditions, sparks,
dampness, confined spaces and noise. The allowance herein prescribed shall be
in lieu of any payment otherwise due under this clause.
4.22 Asbestos
Eradication-
This subclause shall apply to employees engaged in the
process of asbestos eradication on the performance of work within the scope of
this award.
Asbestos eradication is defined as work on or about
building, involving the removal or any other method of neutralisation of any
materials that consist of, or contain asbestos.
All aspects of asbestos eradication work shall be conducted
in accordance with the NSW Occupational
Health and Safety Act, 1983, the Occupational Health and Safety (Asbestos
Removal Work) Regulation 1996 and the NSW Construction
Safety Act 1912 Regulations concerning construction work involving asbestos
and asbestos cement.
In addition to the rates prescribed in this Award an
employee engaged in asbestos eradication (as defined) shall receive the
allowance rate specified in Item 22 of Part B, Table 2. This is in lieu of special rates as
prescribed in Clause 4 Special Rates, with the exception of subclauses 4.1 cold
places; 4.5 hot places; 4.12 swinging scaffold.
4.23 Other
Conditions-The conditions of employment rates and allowances, except so far as
they are otherwise specified in this subclause shall be the conditions of
employment, rates and allowances of the award as varied from time to time.
5. Overtime
5.1 Overtime shall
be payable for all time worked outside the ordinary hours prescribed in Clause
1 Hours - Day Workers for any one day, including accrued time. The rates of pay shall be time and a half
for the first two hours and double time thereafter, such double time to
continue until the completion of the overtime work.
Except as provided in this subclause or subclause 5.2 of
this clause, in computing overtime each day's work shall stand alone.
5.2 Rest Period
after Overtime: Following completion of overtime, an employee shall either;
5.2.1 Be released
from resuming ordinary duty for an period of 10 consecutive hours. This number of hours does not include time
spent travelling: or,
5.2.2 If required to
resume or continue working without having had a break of ten (10) consecutive
hours, excluding travel, shall be paid at the rate of double time until such a
break is given. This break shall be granted without loss of pay for ordinary
working time occurring during such absence.
5.2.3 In the case of
shift workers, the provisions of this subclause shall apply as if eight hours
were substituted for ten hours when overtime is worked:
(i) for the
purpose of changing shift rosters; or
(ii) where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace such shift worker; or
(iii) where a shift
is worked by arrangement between the employees themselves.
5.3. Call Back-
5.3.1 An employee
recalled to work overtime after leaving his/her employer's business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of four hours' work at the appropriate rate for each time recalled. In
the case of unforeseen circumstances arising, the employee shall not be
required to work the full four hours if the job he/she was recalled to perform
is completed within a shorter period. This subclause does not apply:
(i) in cases
where it is customary for an employee to return to his/her employer's premises
to perform a specific job outside his/her ordinary working hours or
(ii) where the
overtime is continuous (subject to a reasonable meal break) with the completion
or commencement of ordinary working time.
5.3.2 Overtime worked
in the circumstances specified in this subclause shall not be regarded as
overtime for the purposes of subclause 5.2 of this clause, where the actual
time worked is less than three hours on such recall or on each of such recalls.
5.3.3 If an employee
is required to work in excess of four hours, he/she shall be paid a meal
allowance specified in Item 23 of Part B, Table 2 and allowed a crib time of 20
minutes without deduction of pay at the end of each four hours' work, provided
work is to continue after the said period of four hours.
5.4 Saturday Work
- Five Day Week-
A day worker on a five-day week who is required to work on a
Saturday shall be paid for not less than four hours' work, except where such
overtime is continuous with overtime commenced the previous day. All work
performed in the afternoon shall be paid for at double time rates. Tea Breaks
shall be allowed in accordance with subclause 1.10 of clause 1.
5.5 Standing By-
An employee required to hold himself/herself in readiness to
work after ordinary hours shall, until released, be paid standing-by time at
ordinary rates from the time he/she is advised of the requirement to stand by.
This is subject to any custom now prevailing under which an employee is
required regularly to hold himself in readiness for a call back.
5.6 Meal
Hours-General-
Except as provided in subclause 5.7 of this clause, Meal
Hours - Maintenance Employees, Concrete Pours etc., double time rates shall be
paid for work done during meal hours and thereafter until a meal break is
allowed. An employee shall not be
compelled to work for more than six hours without a break for a meal.
5.7 Meal
Hours-Maintenance Employees, Concrete Pours etc-
5.7.1 Where
breakdowns of plant occur or routine maintenance of plant can only be done
while such plant is idle, an employee employed as a regular maintenance person
shall, whenever instructed to do so, work during meal breaks at the ordinary
rates prescribed herein. This shall be subject to the provisions of subclause
5.6 of this clause.
5.7.2 Where, for
special reasons, it is necessary to alter the time of the recognised meal hours
for the purpose of finishing the pouring of concrete, hot mix, etc. or where
work is affected by tides, the employer may alter the lunch break either
forward or backward by one hour.
5.8. Tea Money-
Tea money - an employee required to work overtime shall be
paid the amount set out in item 23 of Table 2 for Meal Allowance after one and
a half hours overtime. A further
payment as set out in item 23 of Table 2 for Meal Allowance Each Subsequent
Meal shall be made after a further two and a half hours overtime (i.e. after
four hours in total) and then for each subsequent period of four hours
overtime. Such payment need not be made
to employees living in the same locality as their place of work who can
reasonably return home for meals."
5.9. Transport of
Employees-
An employer shall provide transport for an employee where
he/she finishes overtime work or a shift not part of their regular roster at a
time when reasonable means of transport are not available. If transport is not provided the employee
shall be paid at their current rate for the time reasonably occupied in
reaching his/her home. This subclause
shall not apply to an employee who uses his/her own vehicle to travel to and
from his/her place of work).
5.10. Compulsory
Overtime-
An employer may require any employee to work reasonable
overtime at overtime rates and the employee shall work overtime in accordance
with this requirement.
5.11. Cribs-
5.11.1 An employee who
is required to work overtime for two hours or more after the normal ceasing
time shall be allowed, at the expiration of the said two hours, 30 minutes for
a meal or crib and thereafter a similar time allowance after every four 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. For the purposes of this paragraph "normal ceasing time" is at
the end of ordinary hours inclusive of time worked for accrual purposes as prescribed
in Clause 1, Hours, Day Workers and Clause 6, Shift Work, of this award.
5.11.2 Where overtime
is worked on a Saturday, if work continues after 12 noon, a break for a meal of
30 minutes shall be allowed between 12 noon and 1 pm without loss of pay.
5.12. Limitation of
Overtime-
No employee, including a night shift worker, shall work for
more than 16 hours overtime in any week excepting in the case of extreme
urgency such as urgent repairs or delay causing unemployment.
6. Shift Work
6.1 Definitions -
For the purpose of this clause:
"Afternoon Shift" means any shift finishing after
6 pm and at or before midnight.
"Continuous Work" means work carried on with
consecutive shifts of employees throughout the twenty-four hours of each of at
least six consecutive days without interruption except during breakdowns or
meal breaks or due to unavoidable causes beyond the control of the employer.
"Night Shift" means any shift finishing subsequent
to midnight and at or before 8 am.
"Rostered Shift", means a shift of which the
employee concerned has had at least forty-eight hours' notice.
6.2 Hours-General-
6.2.1 Employees on
shift work shall accrue 0.4 of an hour for each eight-hour shift worked to
allow one complete shift to be taken off as a paid shift for every 20-shift
cycle. This 20th shift shall be paid for at the appropriate shift rate as
prescribed by this clause.
6.2.2 Paid leave
taken during any cycle of four weeks and public holidays as prescribed by
Clause 7, Holidays and Sunday Work, of this award shall be regarded as shifts
worked for accrual purposes.
6.2.3 Except as
provided above, employees not working a complete four week cycle shall be paid
accrued pro-rata accrued entitlements for each shift worked on the programmed
shift off, or in the case of termination of employment, on termination.
6.2.4 The employer
and employees shall agree in writing upon arrangements for rostered paid days
off during the 20 day cycle or for accumulation of accrued days to be taken at
or before the end of the particular contract. This accumulation shall be
limited to no more than 5 days before they are taken as paid days off. When taken, the days shall be regarded as
days worked for accrual purposes in the particular 20-shift cycle.
6.2.5 Where an
employer, for emergency reasons requires an employee to work on his/her
rostered day off, the terms and conditions prescribed in subclause 1.8 and 1.9,
of this award shall apply.
6.3.1 Hours-Continuous
Work Shifts This subclause shall apply to shift workers on continuous work as
hereinbefore defined.
The ordinary hours of such shift workers shall not exceed -
(i) eight in any
one day; nor
(ii) forty-eight
in any one week; nor
(iii) eighty-eight
in fourteen consecutive days; nor
(iv) one hundred
and fifty two in twenty-eight consecutive days.
Subject to the following conditions such shift workers shall
work at such times as the employer may require:
(i) a shift
shall consist of not more than eight hours, inclusive of crib time;
(ii) except at the
regular changeover of shifts an employee shall not be required to work more
than one shift in each twenty-four hours;
(iii) twenty
minutes shall be allowed to shift workers each shift for crib which shall be
counted as time worked.
6.3.2 Hours - Other
than Continuous Work This subclause
shall apply to shift workers not on continuous work as hereinbefore defined.
The ordinary hours of such shift workers shall not exceed -
6.3.2.1 forty in any
week to be worked in five shifts of eight hours on Monday to Friday, inclusive;
or
6.3.2.2 eighty in
fourteen consecutive days in which case an employee shall not, without payment
for overtime, be required to work more than eight consecutive hours on any
shift or more than six shifts in any week;
6.3.2.3 one hundred and
twenty-one consecutive days in which case an employee shall not, without
payment of overtime, be required to work more than eight consecutive hours on
any shift or more than six shifts in any week.
Such ordinary hours shall be worked continuously except for
meal breaks at the discretion of the employer. An employee shall not be
required to work for more than six hours without a break for a meal.
6.3.2.4 Rosters-Shift
rosters shall specify the commencing and finishing times of ordinary working
hours of the respective shifts.
6.3.2.5 The method of
working shifts may in any case be varied by agreement between the employer and
the accredited representative of the Union to suit the circumstances of the
establishment.
6.3.2.6 Determined
commencing and finishing times of shifts may be varied by agreement between the
employer and the accredited representative of the Union to suit the
circumstances of the establishment. In
the absence of agreement, variation can occur by the employer giving seven
days' notice of alteration to the employee.
6.3.2.7 Afternoon or
Night Shift Allowances-Shift workers whilst on afternoon or night shifts shall
be paid 15 per cent more than the ordinary rate for such shifts.
Shift workers who work on any afternoon or night shift which
does not continue for at least five successive afternoons or nights shall be
paid at the rate of time and a half for the first three hours and double time
thereafter.
An employee who -
(i) during a
period of engagement on shifts, works night shift only; or
(ii) remains on
night shift for a longer period than four consecutive weeks; or
(iii) works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give him at least one-third of his/her working time off night
shift in each shift cycle;
shall during such engagement, period or cycle be paid 30 per
cent more than his/her ordinary rate for all time worked ordinary working hours
on such night shifts.
Notwithstanding anything elsewhere contained in this
sub-clause, employees of the Department of Education and Training who are
required to work on an afternoon shift, as defined, on an intermittent basis of
from one to five evenings in any week shall be paid 15 per cent more than the
ordinary rates for such shift when the shift ceases not later than 9 pm. Where the shift ceases after 9 pm, the
employee shall be paid 20 per cent more than the ordinary rates for such shift.
6.3.2.8 Saturdays-The
minimum rate to be paid to any shift worker for work performed between midnight
on Friday and midnight on Saturday shall be time and a half. Such extra rate
shall be in substitution for and not cumulative upon the shift premiums
prescribed in the first and second paragraphs of subclause (vii) of this
clause.
6.3.2.9 Overtime-An
employer may require any employee to work reasonable overtime at overtime rates
and such employee shall work in accordance with such requirement.
6.3.2.10 Sundays and
Holidays
(i) Shift workers
on continuous shifts for work on a rostered shift the major portion of which is
performed on a Sunday shall be paid at the rate of time and three
quarters. Shift workers on continuous
shifts for work on a rostered shift the major portion of which is performed on
a public holiday shall be paid at the rate of double time and one half.
(ii) Shift workers
on other than continuous work for all time worked on a Sunday or holiday shall
be paid at the rates prescribed by clause 7, Holidays and Sunday Work, of this
award. Where shifts commence between 11 pm and midnight on a Sunday or a
holiday, the time so worked before midnight shall not entitle the employee to
the Sunday or holiday rate. The time worked by an employee on a shift
commencing before midnight on a Saturday or preceding a holiday and extending
into a Sunday or holiday shall be regarded as time worked on such Sunday or
holiday.
Where the major portion of shifts fall partly on a holiday,
that shift shall be regarded as the holiday shift.
7. Holidays And
Sunday Work
7.1 Employees
shall be entitled to the following public holidays without loss of pay: New Year's Day, Australia Day, Good Friday,
Easter Saturday, Easter Monday, Queen's Birthday, Labour Day, Anzac Day,
Christmas Day, Boxing Day, and all other gazetted holidays proclaimed to
operate throughout the State.
7.2 Except as
provided in subclause 6.3.2.10, Sundays and Holidays of Clause 6, Shift Work,
of this award, an employee not engaged on continuous work shall be paid at the
rate of double time for work done on Sundays, such double time to continue
until relieved from duty, and double time and one half for work done on public
holidays, such double time and one half to continue until relieved from duty.
7.3 An employee
not engaged on continuous work who works on a Sunday or a public holiday and
(except for meal breaks) immediately thereafter continues such work, shall on
being relieved from duty be entitled to be absent until they have had ten
consecutive hours off duty. The 10 hour
break shall be without deduction of pay for ordinary time of duty occurring
during such absence.
7.4 An employee,
other than on shift, who attends for work as required on a Sunday or public
holiday shall be paid for not less than four hours' work.
7.5 Where an
employee is absent from his or her employment on the working day before or the
working day after a public holiday without reasonable excuse or without the
consent of the employer, the employee shall not be entitled to payment for such
holiday.
Where public holidays fall on successive days an employee
who works on either the day preceding or succeeding the holiday, but not on
both, shall be entitled to payment for the holiday closest to the said day. No
payment shall be made if the employee has ceased work without permission on
either of the said days.
7.6 Where an
employee, other than a shift worker, is required to work after 12 noon on a
Sunday or holiday, he/she shall be allowed a meal break of 30 minutes between
12 noon and 1 pm for a crib without loss of pay.
7.7 The provisions
of subclause 1.10, of clause 1, Hours - Day Workers, of this award, shall apply
to employees working on Sundays and Holidays.
8. Payment Of Wages
8.1 Wages shall be
paid fortnightly. For the purpose of any increase to the wages, the wages shall
be made up on a weekly basis.
8.2 Wages shall be
paid into a bank or other account, except in isolated areas where payment will
be made by cheque.
8.3 The employer
shall not keep more than 3 days pay in hand.
8.4 Upon
termination of employment wages shall be paid according to the usual method no
later than the next working day. Where
an employee is summarily dismissed as provided for in Clause 9, Contract of
Employment, of this award, the employer shall provide all monetary entitlements
within 48 hours according to the usual method of payment.
9. Contract Of
Employment
9.1 Weekly
Employment - Except as hereinafter provided, employment shall be by the week.
9.2 Employment
shall be terminated by a week's notice on either side given at any time during
the week or by the payment or forfeiture of a week's wages as the case may be.
This shall not affect the right of the employer to dismiss any employee without
notice for malingering, inefficiency, neglect of duty or misconduct. In such cases the wages shall be paid up to
the time of dismissal only.
9.3 Payment shall
be deducted for any day the employee cannot be usefully employed because of any
strike or through any breakdown in machinery or any stoppage of work that the
employer cannot reasonably be held responsible for. This is not including time lost for wet weather. Where an
employee has given or been given notice in line with subclause 9.2, employment
is continued until the date of the expiration of such notice, except by agreement
between the parties.
An employee who has given or been given notice in line with
this subclause must provide a reasonable explanation for any absences during
the period of notice. Proof of the
reason for such absence must be able to provide by the employee. If no proof is provided, the employee shall
be deemed to have abandoned his/her employment, and shall not be entitled to
payment for work done within the period of notice.
9.4 An employee
(other than an employee who has given or received notice in accordance with
subclause 9.2 of this clause) not attending for duty shall, except as provided
by clause 7, Holidays and Sunday Work, of this award, receive no payment for
the actual time of such non-attendance.
9.5 During the
first week of employment, an employee's services may be terminated by the
giving of one hour's notice on either side.
9.6 Late Comers:
Notwithstanding anything elsewhere contained in this award, employees who
report for duty after their appointed starting time or stop work before their
appointed finishing time may have their wages adjusted by a fraction or decimal
proportion of an hour (not exceeding a quarter of an hour). This sub-clause does not apply where an
employee has a legitimate reason for coming late or leaving early and promptly
advises the employer of such.
An employer who adopts a proportion for the aforesaid
purposes shall apply the same proportion for the calculation of overtime.
10. Distant Work
10.1 Distant work is
defined as work that requires employees to live away from their usual place of
residence. An applicant for a position
involving distant work shall provide the employer with a statement in writing
of their usual place of residence. If
the employee, whilst employed on distant work changes their usual place of
residence one or more times, determination of whether the work can still be
defined as distant work is based on the location of the new place of
residence. The employee must inform the
employer in writing of any change to their usual place of residence.
This clause will not apply to an employee who, after four
weeks employment is appointed to work as a regular employee at a permanent
workshop, while they are employed at such a workshop.
10.2 An employee who
is engaged on distant work shall be transported, with tools, to and from the
work location once per day at the employer’s expense. If the employee is called back to the work site after finishing
their daily duties, they again shall be transported to and fro at the
employer’s expense for each occurrence.
10.3 Return fares
and travelling time need not be paid to an employee who:
(i) leaves their
employment of their own free will; or
(ii) is discharged
for misconduct
before completion of three months employment or before the
job is completed, whichever occurs first; or is discharged for incompetence
within one week of engagement.
10.4 Time occupied
in travelling to and from distant work shall be paid for at ordinary
rates. No employee shall be paid more
than an ordinary day’s wages for any day spent in travelling unless they are on
the same day occupied in working for an employer. An allowance to cover any expenses incurred in reaching home and
for transporting tools is set out in Item 24 of Part B, Table 2.
10.5 On distant work
reasonable board and lodging shall be provided by the employer or a weekly (7
day) allowance as set out in Item 27 of Part B, Table 2. This allowance shall
not be wages. In the case of broken
parts of the week occurring at the beginning or the end of a period of distant
work, the allowance per day for all living expenses actually and reasonably
incurred shall be up to the maximum rate as set out in Item 25 of Part B, Table
2.
10.6 Reasonable
board and lodging shall mean lodging in a well-kept establishment with adequate
furnishing, good bedding and floor coverings, good lighting and heating with
hot and cold running water, in either a single room or twin room if a single
room is not available.
.
10.7 Where an
employee is required to camp either by direction of the employer or because no
reasonable transport facilities are available for the employee to proceed to
and from their home each day, subclause 10.5 and 10.6 of this clause shall not
apply to the following:
Subclauses 10.5 and 10.6 shall not apply to employees of the
Department of Land and Water Conservation, Department of Public Works and
Services or NSW State Forests in respect of the following work;
Construction and/or maintenance of water supply and sewerage
works; roads, bridges, water conservation and irrigation works, harbour and
reclamation works or forest works.
For such employees, the employer shall provide a camp with
accommodation in single cubicles, not less than 14 cubic metres in size. Each
cubicle shall be fitted with a bed with mattress. Each cubicle shall have a timber floor covering, be fitted with a
door and a moveable window of reasonable size, with wire screen covering. The cubicle shall be furnished with a table
or suitable substitute, a seat and a wardrobe. Each cubicle shall be ceiled and
lined and artificial lighting provided.
If reasonably required, the employer shall provide a suitable heating
appliance for each cubicle.
Provision shall be made in the camp for suitable washing
facilities; including hot and cold showers, provided that an adequate water
supply is available. Employees shall
also be provided with sufficient facilities to wash their clothes. Sanitary conveniences shall be adequate,
sewered where reasonably practicable and situated within reasonable distance
from the living quarters. The conveniences
shall have adequate access by properly lighted paths. Effluent from kitchen, laundry and showers should be dispersed in
such a way as to avoid any health risk.
A verandah shall be constructed in front of each room, except where
corridor-type barracks are provided.
The employer shall provide an enclosed galley conforming to
the requirements of the General Construction and Maintenance, Civil and
Mechanical Engineering &c (State) Award, as varied from time to time, or by
any award replacing the said award.
Where the circumstances so require, the employer may, as an
alternative provide caravans for employees.
The caravans should contain as far as practicable, amenities at least
equal to those specified above.
An employee who is required to camp has an entitlement to a
daily allowance as specified in Item 26 of Table 2 for each day they remain in
camp. The allowance is not paid for any working day the employee is absent from
duty, except in such cases of sickness or for any reason beyond the employee’s
control.
Leave is reserved to the employers to apply in respect of
the standards of accommodation under this subclause.
10.8 Employees who
wish to return home for the weekends will be paid an allowance at the rate
shown in Item 27 of Part B Table 2 on each occasion they return home - provided
they:
(i) work as
required during the ordinary working hours, and
(ii) work on the
working day both before and after a weekend, and
(iii) notify the
employer no later than the Tuesday of each week, and
(iv) return home
for the weekend.
Employees in receipt of this allowance will not be entitled
to payment of the camping allowance prescribed in subclause 10.7 of this
clause, for the day or days on which they are absent.
10.9 This subclause
shall not apply to an employee who is receiving the allowance rate specified in
Item 25 of Part B, Table 2 in lieu of board and lodging being provided by the
employer.
10.10 An employee
shall be deemed to have returned home at the weekend only if this involves
him/her 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
week.
10.11 The provisions
of this clause shall apply wherever the employee is engaged.
10.12 An employee on
distant work may return to his/her home at a weekend after three months'
continuous service and thereafter at three monthly intervals. The employee shall be paid any fares
reasonably incurred in so travelling to his/her home and to the place of
work. If the work upon which the
employee is engaged will be completed within twenty-eight days after the
expiration of any such period of three months, then the provisions of this
sub-clause shall not apply.
10.13 The employer
shall obtain and the applicant shall provide the employer with a statement in
writing of his/her usual place of residence.
10.14 The employee
shall inform his/her employer in writing, of any subsequent change in their
usual place of residence.
11. Special
Conditions
11.1 Employees
engaged installing brine or ammonia pipes or repairs to same who have their
clothing or boots destroyed or damaged shall be reimbursed the amount of damage
sustained.
11.2 All rope and
gear shall be of sound material, used or stored in such a way that it does not
come in contact with sharp edges, acids or acid fumes. At all times the
regulation under Scaffolding and Lifts Act,1912, shall be complied with.
11.3 Employees
working in battery room or like places where acids or caustic soda are stored
or used shall be provided with gloves, overalls and rubber boots. These are to be periodically disinfected in
accordance with the requirements of the Department of Health for disinfecting
clothing, while in use and before being issued to another person.
11.4 The employer
shall provide a suitable gas mask at the place of work when the employee is
required to work on a live gas service.
11.5 X-ray-An
employee working in an infectious area of a hospital or home shall be X-rayed
at the employer's expense and in the employer's time after each six months or at
the termination of his employment in such hospital or home, whichever is the
sooner.
12. Hygiene And
Safety First-Aid Outfit
12.1 At a place of
work where there are six or more employees, the employer shall provide and
continuously maintain an efficient first-aid outfit and appliances in line with
the provisions of section 6 and Schedule 1 of the Occupational Health and
Safety (First-Aid) Regulation 1989 of the Occupational
Health and Safety Act 2000.
12.2 In the event of
any accident happening to any employee whilst at work or going to or from work
where the employee is so seriously injured that they cannot travel by their own
means, the employer shall provide transport facilities free of charge to the
nearest hospital or doctor.
12.3 At a place of
work where fifty or more persons are employed, the employer shall provide a
stretcher and, where practicable, include amongst the employees a qualified
first-aid person. Where an employee is
a qualified first-aid person and is employed to carry out the duties of a
qualified first-aid person, he or she shall be paid an additional rate as set
in item 28 of Table 2.
13. Conveniences
13.1 The employer
shall provided on each place of work sanitary conveniences in accordance with
the requirements of the local health authority providing that such conveniences
will at least measure up to the following minimum standard:
13.2 They shall be
at least 1.066 metres wide and 1.371 metres long and 2.34 metres high internal
measurement and shall have a hinge door capable of being fastened both inside
and on the outside.
13.3 The walls and
roof and door shall be of weatherproof material and shall be so constructed as
to ensure privacy.
13.4 Each
convenience shall be provided with a suitable receptacle for, and an adequate
supply of, deodorising or fly-repellent material, blue oil or kerosene or
phenol. It shall also be provided with
a means for disposing of sanitary items.
A fly-proof cover and seat shall be provided should sewerage
not be accessible or connected to the toilet or convenience. The ratio of such accommodation shall be one
convenience to eight employees or part of eight employees.
13.5 The employer
shall provide at the place of work a suitable and secure weatherproof lock-up
solely for the purpose of storing employees' tools. Where tools are stolen
because no lock-up has been provided, the employee shall be compensated to the
extent of his/her loss.
13.6 Where a total
of fifteen tradespeople are working on site, whether employed under this award or
otherwise, and the job has been or will be of two months' duration or longer,
the employer shall provide for employees at the work site weatherproof
accommodation for changing clothes.
This accommodation shall be not less than .84 square metres to each
employee.
13.7 At permanent
places of work, the employer shall provide weather and dust proof accommodation
for dressing, and lockers securely fixed with suitable locks, solely for the
use of his/her employees.
13.8 At meal times
and rest periods, boiling water shall be provided by the employer at a location
that is reasonably accessible for employees.
13.9 The employer
shall provide for employees an adequate supply of cool, clean drinking water.
14. Damage To
Clothing Or Tools
An employee whose clothing is spoiled by acids or sulphur or
other deleterious substance, due to the circumstances of his employment shall
be recompensed by his employer to the extent of his/her loss.
15. Special Clothing
15.1 Where
necessary, the employer shall provide overalls, boots, goggles, gloves and
masks for the use of employees engaged on the classes of work covered by
subclause 4.7 Smoke-boxes, etc., of clause 4 Special Rates, of this award.
15.2 If, in the
course of his/her employment, an employee is required to use muriatic acid
he/she shall be provided with protective clothing.
15.3 The employer
shall supply to employees rubber gloves when working on any sewerage or
drainage work and protective clothing and goggles when engaged on welding work.
15.4 When working in
cooling or freezing chambers where the temperature is below 4 degrees Celsius,
painters shall be supplied with suitable boots and a clean blanket suit
properly disinfected in accordance with the requirements of the New South Wales
Department of Health.
16. Excess Fares And
Travelling Time
16.1 An employee who
is required by their employer to work at a job away from their accustomed
workshop or depot shall report for work at that job at their usual starting
time. For each day spent on such work, employees will be entitled to be paid
travelling time where the travel time and fares are in excess of those normally
incurred in travelling to their customary workshop or depot.
16.2 The rate of pay
for travelling time shall be ordinary rates, except on Sundays and holidays
when it shall be time and one-half. The maximum travelling time to be paid for
shall be twelve hours out of every twenty-four.
17. Exhibition Of
Award
An up to date copy of this award shall be posted and kept
posted by the employer in a prominent place on the employer’s premises that is
accessible to all employees.
18. Dispute
Resolution Procedures
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following:
18.1 Procedure
relating to a grievance of an individual employee:
18.1.1 The employee
shall notify (in writing or otherwise) the employer as to the substance of the
grievance, request a meeting with the employer for to discuss the grievance and
state the remedy sought.
18.1.2 The grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
18.1.3 Reasonable time
limits must be allowed for discussion at each level of authority.
18.1.4 At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
18.1.5 While a
procedure is being followed, normal work must continue. No party shall be
prejudiced as to the final settlement by the continuation of work in accordance
with this subclause.
18.1.6 The employer may
be represented by an industrial organisation of employers and the employee may
be represented by an industrial organisation of employees for the purpose of
each procedure.
18.2 Procedure for a
dispute between an employer and the employees:
18.2.1 A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
18.2.2 Reasonable time
limits must be allowed for discussion at each level of authority.
18.3 While a
procedure is being followed, normal work must continue. No party shall be
prejudiced as to the final settlement by continuation of work in accordance
with this subclause.
18.4 The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
18.5 Should the
matter still not be resolved within a reasonable time period, it may be
referred to the Industrial Relations Commission of New South Wales by any of
the parties.
19. Family &
Community Services/Personal Carer’s Leave
19.1 The definition
of "family" and "relative" for the purpose of this clause
is the person who needs the employee’s care and support and is referred to as
the "person concerned" and is:
(i) a spouse of
the employee; or
(ii) a de facto
spouse, who in relation to a person, is a person of the opposite sex to 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
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial) 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) 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.
19.2 Family &
Community Services Leave
19.2.1 The Chief
Executive Officer may grant family and community service leave to an employee:
(i) for reasons
related to the family responsibilities of the employee, or
(ii) for reasons
related to the performance of community service by the employee, or
(iii) in a case of
pressing necessity
Family and Community Services Leave replaces Short leave.
19.2.2 The maximum
amount of family and community services leave on full pay that may be granted
to an employee is:
(i) 2.5 working
days during the first year of service and 5 working days in any period of 2
years after the first year of service, or
(ii) 1 working day
for each year of service after 2 years continuous service, minus any period of
family and community service leave already taken by the employee, whichever is
the greater period.
19.2.3 Family and
community service leave is available to part-time employees on a pro rata
basis, based on the number of hours worked.
19.2.4 Where family and
community service leave has been exhausted, additional paid family and
community service leave of up to 2 days may be granted on a discrete `per
occasion’ basis on the death of a person defined in Clause 19.1.
19.3 Use of sick
leave to care for a sick dependant - general
When family and community service leave, as outlined in
clause 19.2 is exhausted, the sick leave provisions under clause 19.4 may be
used by an employee to care for a sick dependant.
19.4 Use of sick
leave to care for a sick dependant - entitlement
19.4.1 The entitlement
to use sick leave in accordance with this clause is subject to:
(i) the employee
being responsible for the care and support of the person concerned, and
(ii) the person
concerned being as defined in clause 20.1
19.4.2 An employee with
responsibilities in relation to a person who needs their care and support shall
be entitled to use sick leave available from that year’s annual sick leave
entitlement minus any sick leave taken from that year’s entitlement to provide
care and support for such persons when they are ill.
19.4.3 Sick leave
accumulates from year to year. In
addition to the current year’s grant of sick leave, sick leave accrued from the
previous 3 years may also be accessed by an employee with responsibilities in
relation to a person who needs their care and support.
19.4.4 In special
circumstances, the Chief Executive Officer may make a grant of additional sick
leave. This grant can only be taken
from sick leave accrued prior to the period referred to in Clause 19.4.3.
19.4.5 If required, a
medical certificate or statutory declaration must be made by the employee to
establish the illness of the person concerned and that the illness is such to
require care by another person.
19.4.6 The employee is
not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration and has the right to choose which
of the two methods to use in the establishment of grounds for leave.
19.4.7 Wherever
practicable, the employee shall give the Chief Executive Officer prior notice
of the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee.
They must also give reasons for taking such leave and the estimated
length of absence. If the employee is
unable to notify the Chief Executive Officer beforehand, notification should be
given by telephone at the first opportunity on the day of absence.
19.4.8 In normal
circumstances, the employee must not take leave under this subclause where
another person has taken leave to care for the same person.
19.5 For persons
covered by this award who are employed under the Technical and Further Education Commission Act 1990, the provisions
of TAFE Determination No. 1 of 1997 - Family and Community Service Leave,
Personal/Carer’s Leave and Flexible Use of Other Service Entitlements -
Non-Teaching/Educational Staff shall apply.
20. Maternity Leave
For employees covered by this award, the following
provisions in respect of maternity leave shall apply.
20.1 Employees
engaged pursuant to the Public Sector
Management Act 1988 - see Public Sector Management (General) Regulation
1996 and the Crown Employees (Public Service Conditions of Employment 1997)
Award, or any replacement award.
20.2 Employees
engaged under Ministerial authority in Government and quasi-Government bodies
shall be regulated by the Government Uniform Leave Conditions.
20.3 Employees
engaged pursuant to the Technical and
Further Education Commission Act 1990 - Department of Education and
Training/TAFE policies in regard to maternity leave shall apply.
21. Anti‑Discrimination
21.1 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
and age.
21.2 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.
21.3 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.
21.4 Nothing in this
clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti‑ discrimination
legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti‑Discrimination
Act 1977;
(iv) a party to
this award from pursuing matters of unlawful discrimination
in any State or federal jurisdiction.
21.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
21.6 Employers and
employees may also be subject to Commonwealth anti- discrimination legislation.
Section 56(d) of the Anti-Discrimination
Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
22. Picnic Day
22.1 The first
Monday in December of each year shall be the Union Picnic Day.
22.2 All employees
shall, as far as practicable, be given and shall take this day as a picnic day
at their ordinary rate of pay including accrual for a rostered day off. Any employee required to work on such day
shall be paid at the rate of double time and one-half, for all time worked on
such day, with a minimum payment for four hours work. An employee who is
required to work on picnic day and who fails to comply with such requirement
shall not be entitled to payment for the day.
22.3 An employer may
require from an employee evidence of attendance at the picnic. The production of the butt of a picnic
ticket issued for the picnic shall be sufficient evidence of such attendance.
Where the employer requests production of the ticket butt, payment need not be
made unless the evidence is produced.
22.4 Where an
employer holds a regular picnic 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 here fixed.
22.5 This clause
shall apply to employees working within the Counties of Cumberland,
Northumberland and Camden and in such other areas where a picnic is actually
held and in respect of which one month's notice is given in writing by the
Union to the employer.
22.6 In Departments
to which the Public Sector Management Act
1988 applies, employees may take a day designated by their Department Head as a
public service holiday during the period between Boxing Day and New Year’s Day
in lieu of the Picnic Day prescribed in this clause.
23. General Leave
Conditions And Accident Pay
23.1 General leave
conditions and accident pay of employees engaged by Government departments
under the provisions of the Public Sector
Management Act 1988 shall be bound by the Public Sector Management
(General) Regulation 1996. For
employees employed under the provisions of the Technical and Further Education Commission Act 1990, general leave
conditions and accident pay will be regulated by Department of Education and
Training/TAFE policies on these issues.
23.2 General leave
conditions and accident pay of employees engaged under Ministerial authority in
Government and quasi-government bodies shall be regulated by the Government
Uniform Leave Conditions.
24. Union Delegate
An employee appointed union delegate in the shop or
department in which he/she is employed shall, upon notification, be recognised
by the employer as an accredited representative of the Union. The union delegate shall be allowed the
necessary time during working hours to interview the employer or his/her
representative on matters affecting the employees who are represented by the
delegate.
25. Area, Incidence
And Duration
25.1 This award
shall apply to all employees of the classes specified in clause 2, Wages, of
this award who are employed in departments to which Schedule 1 of the Public Sector Management Act 1988
applies; employed under the provisions of the Technical and Further Education Commission Act 1990 or engaged
under Ministerial authority in Government and quasi-government bodies. It shall not apply to those persons employed
under the above provisions that are employed in Broken Hill.
25.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Tradesmen’s Assistants) Award published 4 May 1983 and reprinted 20
December 1991 (266 IG 785) and all variations thereof. It also rescinds and replaces the Crown Employees
(Tradesmen’s Assistants) Expense Related Allowance Award published 27 August
1993 (276 IG 378).
25.3 The changes
made to the award in relation 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 18 December 1998 (308 IG 307) are
set out in the attached Schedule B and take effect on 29 May 2001.
25.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
Monetary Rates
Table 1-Wages
|
Classification
|
Rate Per Week
|
|
|
As At
|
As At
|
As At
|
|
|
1/1/99 ($)
|
1/1/00 ($)
|
1/1/01 ($)
|
|
Blacksmith's striker
|
503.00
|
513.10
|
523.40
|
|
Cold saw operator
|
507.20
|
517.30
|
527.60
|
|
Driller (stationary machines)
|
503.00
|
513.10
|
523.40
|
|
Dresser and grinder (portable machines)
|
512.00
|
522.20
|
532.60
|
|
Dresser, shot blast or sand blast-
|
|
|
|
|
(a) who
operates from outside a properly enclosed cabin
|
507.20
|
517.30
|
527.60
|
|
(b) other
|
528.60
|
539.20
|
550.00
|
|
Dogman and/or crane chaser
|
512.00
|
522.20
|
532.60
|
|
Forger's assistant
|
503.00
|
513.10
|
523.40
|
|
Fork Lift Driver (Dept. of Technical and Further
Education)
|
542.30
|
553.10
|
564.20
|
|
Assistant Furnaceman
|
507.20
|
517.30
|
527.60
|
|
General assistant assisting tradespersons or employed in a
metal
|
503.00
|
513.10
|
523.40
|
|
And/or electrical workshop (Dept. of Technical and Further
|
|
|
|
|
Education)
|
|
|
|
|
General assistant, other (Dept. of Technical And Further
|
528.60
|
539.20
|
550.00
|
|
Education)
|
|
|
|
|
General assistant/tool storeperson assisting tradespersons
or
|
512.00
|
522.20
|
532.60
|
|
employed in a metal and/or electrical workshop (less than 20
|
|
|
|
|
hpw toolstore duties) (Dept. of Technical and Further
Education)
|
|
|
|
|
General assistant/tool storeperson, other (less than 20 hpw
|
538.00
|
548.80
|
559.80
|
|
toolstore duties)
(Dept. of Technical and Further Education)
|
|
|
|
|
Hammer driver
|
507.20
|
517.30
|
527.60
|
|
Heat treater operative
|
512.00
|
522.20
|
532.60
|
|
Machinist second class (Metal Trades)
|
533.90
|
544.60
|
555.50
|
|
Operator of straight line oxy-acetylene Cutting machine
|
512.00
|
522.20
|
532.60
|
|
Pipe fitter
|
533.90
|
544.60
|
555.50
|
|
Rigger and/or splicer (other than construction work)
|
551.60
|
562.60
|
573.90
|
|
Rigger and/or splicer (construction work)
|
561.70
|
572.90
|
584.40
|
|
Spray painter (ironwork) and/or brush hand
|
512.00
|
522.20
|
532.60
|
|
Tool and/or material storeman
|
528.60
|
539.20
|
550.00
|
|
Tool Storeperson (Classroom only, Dept. of Technical and
|
551.60
|
562.60
|
573.90
|
|
Further Education
|
|
|
|
|
Trades assistant (Metal Trades)
|
503.00
|
513.10
|
523.40
|
|
Trades assistant (Electrical Trades)
|
516.80
|
527.10
|
537.60
|
|
Trades assistant on Lifts in Dept. of Public Works
(Electrical Trades)
|
533.90
|
544.60
|
555.50
|
|
Cupola furnaceman (foundries)
|
533.90
|
544.60
|
555.50
|
|
Dresser and grinder (portable machine
|
512.00
|
522.20
|
532.60
|
|
Trades Asssistant
|
507.20
|
517.30
|
527.60
|
Table 2-Other Rates and Allowances
|
Item
|
Clause No.
|
Brief Description
|
As at
|
|
No.
|
|
|
29/05/01
|
|
|
|
|
Amount $
|
|
1
|
4.1
|
Cold places allowances
|
0.46per
|
|
|
|
|
hour
|
|
2
|
4.2
|
Confined spaces allowance
|
0.57per
|
|
|
|
|
hour
|
|
3
|
4.3
|
Dirty work allowance
|
0.46per
|
|
|
|
|
hour
|
|
4
|
4.4
|
Height money:
|
|
|
|
|
at a height of 7.5 metres
|
0.46per hour
|
|
|
|
for every additional 3 metres
|
0.12 per hour
|
|
|
|
|
|
|
5
|
4.5
|
Hot places allowance:
|
|
|
|
|
46 C - 54 C
|
0.46per hour
|
|
|
|
Above 54 C
|
0.57per hour
|
|
|
|
|
|
|
6
|
4.6
|
Pumice or other recognised insulator
|
0.46 per hour
|
|
|
|
silicate
|
0.57 per hour
|
|
|
|
|
|
|
7
|
4.7
|
Smoke boxes, etc., allowance
|
|
|
|
|
|
|
|
|
|
Working on repairs to smoke boxes, furnaces, etc.
|
0.30per hour
|
|
|
|
Working on repairs inside oil-fired boilers
|
1.13per hour
|
|
|
|
|
|
|
8
|
4.8 (i)
|
Wet places allowances
|
0.46per hour
|
|
|
|
|
|
|
9
|
4.8 (ii)
|
Working on a boat or punt
|
1.76per day
|
|
10
|
4.8 (iii)
|
Working knee deep in mud or water
|
3.57per day
|
|
11
|
4.9
|
Acid, furnaces, stills, etc., allowance
|
2.31per hour
|
|
|
|
|
|
|
12
|
4.10
|
Towers allowance
|
0.46per hour
|
|
|
|
|
|
|
13
|
4.11
|
Depth money
|
0.46per hour
|
|
|
|
|
|
|
14
|
4.12
|
Swing scaffolds allowance:
|
|
|
|
|
|
|
|
|
|
First four hours
|
3.33fixed rate
|
|
|
|
Each hour thereafter
|
0.68per hour
|
|
|
|
Solid plasterers
|
0.12 per hour
|
|
|
|
|
|
|
15
|
4.13
|
Septic tanks allowance
|
5.40per day
|
|
16
|
4.16
|
Explosive powered tools allowance
|
1.08 per day
|
|
|
|
|
|
|
17
|
4.17
|
Mental institutions allowance
|
0.86 per hour
|
|
|
|
|
|
|
18
|
4.18
|
Distant places allowance
|
|
|
|
|
Area described in paragraph 4.18.1
|
0.87 per day
|
|
|
|
Area described in paragraph 4.18.2
|
1.43 per day
|
|
|
|
Area described in paragraph 4.18.3
|
1.43 per day
|
|
|
|
|
|
|
19
|
4.19
|
Morgues allowance
|
0.53 per hour
|
|
|
|
|
|
|
20
|
4.20 (i)
|
Epoxy materials allowance
|
0.57 per hour
|
|
|
4.20 (ii)
|
Applying to air-conditioned buildings
|
0.39 per hour
|
|
|
4.20 (iv)
|
Employees in close proximity
|
0.46 per hour
|
|
|
|
|
|
|
21
|
4.21
|
Foundry allowances
|
0.33 per hour
|
|
|
|
|
|
|
22
|
4.22
|
Asbestos eradication allowance
|
1.52 per hour
|
|
|
|
|
|
|
|
|
|
As at 29/05/01
|
|
23
|
5.3
|
Meal allowance
|
8.30 fixed rate
|
|
|
|
Meal allowance each subsequent meal
|
6.90 fixed rate
|
|
|
|
|
|
|
24
|
10.4
|
Distant work allowance
|
15.30 per day
|
|
|
|
|
|
|
25
|
10.5
|
Distant work - Board and lodging allowance
|
303.00 per week
|
|
|
|
|
|
|
26
|
10.7
|
Camping allowance
|
16.80 per day
|
|
|
|
|
|
|
27
|
10.8
|
Return home at weekend allowance
|
25.70 per occasion
|
|
|
|
|
|
|
28
|
12.3
|
First Aid Allowance
|
As at1/1/01
|
|
|
|
|
1.98 per day
|
|
|
|
|
|
|
|
|
|
|
SCHEDULE A
Award and Variations Incorporated
|
Award
|
Award/Variation
Serial No.
|
Date of Publication
|
Date of taking
Effect
|
Industrial Gazette
Vol.
Page
|
|
Crown Employees (Tradesmen’s Assistants) Award
|
B0391
|
20 December 1991
|
First pay period from 1 July 1982 & Variations from
date of effect
|
266
|
785
|
SCHEDULE B
Changes made on Review
|
Award
|
Clause
|
Previous Form of
Clause Last Published at
IG Vol
Page
|
Comment
|
|
Crown Employees (Tradesmens Assistants) Award
|
20 December 1991
|
266
|
785
|
Title page reformatted
with pro forma for s19 award review process.
|
|
Crown Employees (Tradesmens Assistants) Award
|
20 December 1991
|
266
|
785
|
Rates of Pay/Margins set out in Table 1 of Part B Monetary
Rates
|
|
Crown Employees (Tradesmen’s Assistants) Expense Related
Allowances Award
|
27 August 1993
|
276
|
378
|
This award is rescinded by Clause 26 Area, Incidence and
Duration of the Reviewed Award
|
Provisions Removed:
|
Award
|
Clause
|
Previous Form of
Clause Last Published at
IG Vol
Page
|
Comment
|
|
Crown Employees (Tradesmens Assistants) Award
|
1 Basic Wage
|
266
|
785
|
Obsolete - deleted
|
|
|
2.(v)(a)(i)
Hours - Day Workers
|
266
|
785
|
Subsection (i) of this subclause has been deleted as it
refers to provisions that no longer apply
|
|
Crown Employees (Tradesmens Assistants) Award
|
3. Hours - Department of Technical and Further Education
|
266
|
785
|
In compliance with the provisions of Clause 30 General
this subclause has been removed. Cl.30 provided that once the 38 hr week was
introduced the provisions of Cl 3 Hours - Dept of TFE would not apply as from
1.1.83.
|
|
Crown Employees (Tradesmens Assistants) Award
|
5. No Extra Claims
|
266
|
785
|
Not relevant
|
|
Crown Employees (Tradesmens Assistants) Award
|
6. Structural
Efficiency Principle Implementa-tion
|
266
|
785
|
No longer relevant
|
|
Crown Employees (Tradesmens Assistants) Award
|
7. Additional Wage Rates
|
266
|
785
|
Ship Repair Allowance deleted - work no longer undertaken
|
|
Crown Employees (Tradesmens Assistants) Award
|
8. Industry Allowance
|
266
|
785
|
This allowance was incorporated into an all up rate
incorporated into CE Common Wage Points Award
|
|
Crown Employees (Tradesmens Assistants) Award
|
26. Preference of
Employment
|
266
|
785
|
Removed in line with requirements of Ch5 Part 1, Cl.211 of
the IR Act 1996
|
|
Crown Employees (Tradesmens Assistants) Award
|
30. General
|
266
|
785
|
No longer relevant
|
New Provisions
|
Award
|
Clause
|
Comment
|
|
Crown Employees (Trades Assistants) Award
|
Anti-Discrimination
|
New clause inserted as required by the State Wage Case
1999 Decision of the Full Bench of IRC of NSW Dated 3 June 1999 (IRC 1915 of
1999)
|
|
Crown Employees (Trades Assistants) Award
|
Clause 20 Maternity Leave
|
New clause inserted
|
|
Crown Employees (Trades Assistants) Award
|
Clause 19 Family
& Community Service/PersonalCarer’s Leave
|
New clause inserted as required by the State Personal
Carer’s Leave Case Decision of Full Bench of IRC of NSW in August 1996 (IRC2
of 1996)
|
R. W. HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.