Government Railways (Building Trades Construction Staff) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1646 of 2007)
Before Commissioner McLeay / 20 February 2008REVIEWED AWARD
Clause No.Subject Matter
1.Anti-Discrimination
2.Definitions
3.Terms of Employment
4.Hours
5.Overtime
6.Rates of Wages, Tool and Special Allowances
6A.No Extra Claims
7.Charge Hands
8.Annual Leave Loading
9.Special Rates
10.Saturday Work
11.Sunday Work
12.Picnic Day
13.Travelling Time and Fares
14.Distant Jobs
15.Inducement Allowances
16.Sick Leave
17.Payment of Wages
18.Amenities
19.Clothing and Tools
20.Union Notices
21.Notation
22.Leave Reserved
23.Personal/Carer's Leave
24.Dispute Settlement Procedure
25.Redundancy
26.Occupational Health and Safety for Employees of Labour Hire Employers
27.Area, Incidence and Duration
1. Anti-Discrimination
(i)It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.
(ii)It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(iii)Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(iv)Nothing in this clause is to be taken to affect:
(a)any conduct or act which is specifically exempted from anti-discrimination legislation;
(b)offering or providing junior rates of pay to persons under 21 years of age;
(c)any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977
(d)a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(v)This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.
Notes
(a)Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b)Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
2. Definitions
In this award:
"Charge hand" shall be a building tradesperson on construction who is required to be in charge of one or more employees and who from time to time may be required to be in charge of a construction project. Charge hands' duties may also include the supervision of organisers work and will include all other duties as directed.
"Employer" means the Rail Infrastructure Corporation or any contractor or subcontractor engaged by Rail Infrastructure Corporation or their successor organisations.
3. Terms of Employment
(i)An employee leaving their employment shall give the Employer one week's notice thereof.
(ii)Except in the case of any employee discharged for misconduct, one week's notice of dismissal by the Employer shall be given.
(iii)The Employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling.
(iv)The Employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment.
(v)Any direction issued by an employer pursuant to subclauses (iii) and (iv) of this clause shall be consistent with the Employer's responsibilities to provide a safe and healthy working environment.
(Subclauses (iii), (iv) and (v) of this clause inserted matter no. 769/91 op. 27.9.91.)
4. Hours
Except as provided elsewhere in this award, the ordinary working hours shall be an average of 38 per week worked in accordance with the following provisions for a four-week work cycle:
(i)Commencing 30 April 1982, the ordinary working hours shall be worked in any of the following ways:
(a)by fixing one week day on which all employees will be off during a four-week work cycle (i.e. the location shuts down for a day once each four weeks and eight hours are worked on the other 19 week days or those four weeks); or
(b)by rostering employees off on various days of the week during a four-week cycle so that each employee has one day off during that cycle (i.e. as in paragraph (a) above) except that employees take various days off according to a roster so as to avoid a location shutdown.
The ordinary working hours of employees who are called upon to work afternoon and/or night shifts shall be as arranged by the Employer.
Provided that, by agreement between the Employer and their employees, an alternative day in the four-week cycle may be substituted for the rostered day off and paid as though worked and, where such agreement is reached, all provisions of this award shall apply as if such day was the prescribed day off.
(ii)Where such rostered day off falls on a public holiday, the next working day shall be taken in lieu unless an alternate day in that four-week cycle or the next is agreed.
(iii)Paid leave at full rates taken during any cycle of four weeks shall be regarded as a day worked for accrual purposes. The period of annual leave is inclusive of non-working days and, subject to all other provisions, an employee shall be entitled to a maximum of 12 rostered days off in a calendar year, except where an employee does not take annual leave in that calendar year.
(iv)Except as in subclause (iii) of this clause, employees not working a complete 19-day four week cycle shall receive pro rata accrued entitlements for each day worked payable for the programmed day off or, in the case of termination of employment, on termination.
(v)An employee who works on their day off will receive another day in lieu in the same four-week work cycle but, if this is not practicable, it must be cleared in the next work cycle. Should the employee fail to clear the day in the first three weeks of the next work cycle, the Employer will nominate the day to be cleared in the fourth week.
(vi)A break of not less than 30 minutes shall be allowed for a meal each day Monday to Friday, both inclusive, to other than employees working on afternoon and/or night shifts. Meal breaks for employees working on afternoon and/or night shifts shall be as agreed upon between the Employer and the employees concerned.
(vii)Notwithstanding anything contained in this clause, the time worked each day and the times of commencing and ceasing work on any particular section of work may be varied by agreement between a majority of the employees and the Employer, subject to a limit of 10 hours maximum in any one day and 76 hours each fortnight for the purpose of enabling employees to cease work early to make connection with transport.
(viii)Notwithstanding anything contained in this award, the time worked each day and the times of commencing and ceasing work on any particular section of work may be varied by agreement between the relevant Unions and the Employer, provided that, where the parties agree, ordinary hours may be worked in shifts of up to 12 hours' duration without attracting an overtime penalty.
(Subclause (viii) of this clause inserted matter no. 769/91 op. 27.9.91.)
5. Overtime
(i)All time worked beyond the ordinary time of work inclusive of time worked for accrual purposes as prescribed in clause 4, Hours, shall be paid for at the rate of time and a half times the ordinary rates for the first two hours thereof and at double time thereafter.
(ii)When more than one and a half hours' overtime is required to be worked, immediately after ordinary working hours, or after what would be ordinary working hours if the employee be working on a day the employee ordinarily has off, an employee before starting to work such overtime shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. The Employer and any employee may agree to any variation of this provision, provided that the Employer shall not be required to make any payments in respect of time allowed in excess of 20 minutes.
(iii)An employee required to work overtime for more than two hours immediately after ordinary finishing time without being notified the day before that the employee would be so required to work shall either be supplied with a meal by the Employer or paid $10.90 for the first meal and for each subsequent meal. If an employee pursuant to notice has provided a meal or meals and is not required to work overtime, the employee shall be paid as herein prescribed for meals so provided.
(iv)When an employee on day work is required to work during their meal break, the employee shall be paid at the rate of time and a half until the employee is allowed the usual meal interval time, unless the employee is allowed 20 minutes for crib, and is paid overtime for the balance of the meal interval time worked by the employee.
(v)An employee who works four hours' overtime after having had the meal break provided for in subclause (ii) of this clause shall be allowed a further meal break of 20 minutes without deduction of pay if the employee is required to continue working.
(vi)When any employee is required to work overtime so long as to preclude their having at least eight consecutive hours off duty between the ordinary ceasing time of one shift and the ordinary commencing time of the next, the employee shall be entitled to be absent, if the exigencies of the service permit, until the employee has eight consecutive hours off duty without deduction of ordinary pay for ordinary time of duty occurring during such absence; if the exigencies of the service prevent such absence being allowed, the employee shall be paid at the rate of double time for such portion of the eight hours as is worked.
(vii)No employee, including a night shift worker, shall work for more than 16 hours' overtime in any one week excepting in case of extreme emergency such as urgent repairs or delay causing unemployment.
(viii)Subject to subclause (ix) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.
(ix)An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours, which are unreasonable.
(x)For the purposes of subclause (ix) what is unreasonable or otherwise will be determined having regard to:
(a)any risk to employee health and safety;
(b)the employee's personal circumstances including any family and carer responsibilities;
(c)the needs of the workplace or enterprise;
(d)the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(e)any other relevant matter.
6. Rates of Wages, Tools and Special Allowances
(i)Employees of the classifications specified hereunder shall be paid at the following rates of wages per week:
Classification / Base* / Tool / Fixed / Fixed / Tradespersons’ / SWC / Totalrate / Allowance / special / Additional / Allowance / 2000- / per wk
per wk / per wk / Allowance / loading / per wk / 2007
per wk / per wk
$ / $ / $ / $ / $ / $ / $
Bricklayer / 366.00 / 17.10 / 12.88 / 59.87 / 16.25 / 139.00 / 611.10
Bridge
Carpenter / 366.00 / 24.20 / 12.88 / 59.87 / 16.25 / 139.00 / 618.20
Carpenter and
joiner / 366.00 / 24.20 / 12.88 / 59.87 / 16.25 / 139.00 / 618.20
Painter / 366.00 / 5.80 / 12.88 / 59.87 / 16.25 / 139.00 / 599.80
Signwriter / 375.80 / 5.80 / 12.88 / 59.87 / 16.25 / 139.00 / 599.60
Plaster and
Fibrous
Plaster
Fixer / 366.00 / 20.00 / 12.88 / 59.87 / 16.25 / 139.00 / 614.00
Plumber and
Gasfitter / 369.10 / 24.20 / 12.88 / 59.87 / 16.25 / 121.00 / 623.30
* Please note the base rate includes the now deleted basic wage component of $121.40.
Provided that the amount shown as additional loading comprehends consideration for over award payments.
(ii)Without limiting the general meaning, signwriting work shall include making of stencils and stencilling by screen or any other method, and the making and/or fixing of transfers.
(iii)The ordinary hourly rates for employees engaged on leadburning shall be calculated by adding to the hourly rate prescribed for journeyperson plumbers an amount of 58 cents per hour.
(iv)The ordinary hourly rates for employees in the following classifications shall be calculated by adding to the hourly rate prescribed for journeyperson plumbers in this clause and subclause (vi) of this clause, the following rates:
(a)When required to act on a plumbers licence 76 cents
(b)When required to act on a gasfitters licence 76 cents
(c)When required to act on a drainers licence 64 cents
(d)When required to act on a plumbers and gasfitters licence $1.02 cents
(e)When required to act on a plumbers and drainers licence $1.02 cents
(f)When required to act on a gasfitters and drainers licence $1.02 cents
(g)When required to act on a plumbers gasfitter and drainers licence $1.40
(h)When required to act on a Pressure Welding Certificate 44 cents
Gasfitting licence shall be deemed to include coal gas, town gas, natural gas, liquid petroleum gas or any other gas where it is required by any State Act of Parliament or regulation that the holder of a licence be responsible for the installation of any such service or services.
(v)Tradespeople covered by this award when employed on large construction projects being constructed by the Public Transport Commission of NSW shall be paid not less than the amount paid to tradespersons of the same class under the Building and Construction Industry (State) Award in respect of wage rate, tool allowance, industry allowance and special allowance. Any disputes between the parties concerning construction work being defined as a large construction project shall be referred to the Industrial Relations Commission of New South Wales for determination.
(vi)A plumber and/or gasfitter and/or drainer who is or will be required to be the holder of a certificate of registration shall be paid 59 cents per hour in addition to his ordinary rate of pay.
This allowance shall be paid for all purposes of the Award with the exception of Clause 5 Overtime, in which case it shall be paid at the flat rate and not subject to penalty provisions.
(vii)The allowances contained in subclause (iv) and (vi) of this Clause are applicable to employees working a 40 hour week. Where employees work an average of 38 hours per week in a four week work cycle, the hourly rate indicated is to be multiplied by 40 and divided by 38 to obtain the appropriate hourly rate.
6A. No Extra Claims
It is a term of this award arising from the decision of the Commission in Court Session in the State Wage Case of 29 May 1991 that the Union(s) undertake(s), for the duration of the principles determined by that decision, not to pursue any extra claims, award or over-award, except when consistent with those principles.
7. Charge Hands
Charge hand tradesmen shall be paid at the rate of the following amounts whilst so employed in addition to rates of wages prescribed by Clause 6, Rates of Wages, Tool and Special Allowances of this Award, for employees of the same classification except in respect of the large construction project allowance.
Per week$
When in charge of not less than one and not more than nine employees / 76.90
When in charge of ten and not more than fifteen employees / 89.60
When in charge of sixteen or more employees / 103.00
8. Annual Leave Loading
(i)Any employee who has completed at least one year's service who is regularly on shift work and rostered to work on Sundays and/or public holidays, when proceeding on annual leave, shall be paid a loading at the rate of 20 per cent of the appropriate weekly wage rates prescribed in this award in addition to payment for such leave of absence.
(ii)Any other employee who has completed at least one year's service when proceeding on annual leave shall be paid a loading at the rate of 17 1/2 per cent of the appropriate weekly wage rate prescribed by this award in addition to payment for such leave of absence.
9. Special Rates
In addition to the ordinary rates of wages:
(i)High places: A bridge carpenter when required to work at a height of 7.62 metres from the ground, deck floor or water level shall be paid at the rate of 53 cents per hour extra, and 9 cents per hour extra for every additional 3.048 metres. Height shall be calculated from where it is necessary for the employee to place his hands or tools in order to carry out the work to the ground deck, floor or water level.
For the purpose of this paragraph "deck" or "floor" shall mean a substantial structure which, even though temporary is sufficient to protect an employee from falling any further distance and "water level" shall mean in tidal waters the mean water level.
This paragraph shall not apply to workers working on suitable scaffolding erected in accordance with the regulations under the Occupational Health and Safety Act 2000 and certified by an inspector as conforming to that Act.
(ii)An employee required to work on the construction of chimneys and air shafts where the construction exceeds 15.24 metres in height, shall be paid for all work above 15.24 metres 50 cents per hour with 11 cents per hour additional for work above each further 15.24 metres.
(iii)Tunnels and sewers: In the case of all employees whose craft award contains a similar provision an employee when engaged in tunnel and sewer work in an underground shaft exceeding 3.048 metres in depth shall be paid such additional minimum rate as is provided for in such craft award.
(iv)Second hand timber: A bridge carpenter or a carpenter and joiner who, whilst working on secondhand timber has their tools damaged by nails, dumps or other foreign matter in the timber shall be paid an allowance of $2.07 for each day upon which his tools are so damaged: Provided that no allowance shall be payable under this paragraph unless the damage is immediately reported to the Commission's representative on the job in order that he may have an opportunity to properly investigate the matter.