New south wales industrial gazette

2A. Secure Employment
2A.1 Occupational Health and Safety
2A.1.1 For the purposes of this subclause, the following definitions shall apply:
2A.1.1.1 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.
2A.1.1.2 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.
2A.1.2 Any employer which engages 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):
2A.1.2.1 Consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;
2A.1.2.2 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;
2A.1.2.3 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
2A.1.2.4 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.
2A.1.3 Nothing in this subclause (c) 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.
2A.2 Disputes Regarding the Application of this Clause
Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.
2A.3 This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

3. Deleted
4. Margins
4.1 Additional Margins - The additional margins as set out in the items specified in Table 2 - Additional Margins, of Part B, Monetary Rates, shall be paid for all purposes of the award:
4.1.1 Electrical Mechanic's Licence - additional margin to be paid to an employee employed and working as a tradesperson and possessing the New South Wales Electrical Mechanic's Licence as follows:
Qualified Supervisor Certificate (Electrician) - Item 1 of the said Table 2
Certificate of Registration (Electrician) - Item 2 of Table 2
An employee who possesses the New South Wales Electrical Licence, (Qualified Supervisor Certificate), shall be paid per week the amount set out in Item 3 of Table 2 to reimburse for the expense of renewing the above licence. This amount is not to be paid for all purposes of the award. This allowance shall cease to be payable in the event that the Building Services Corporation removes the licence renewal fee.
4.1.2 Leading Hand as defined, additional margin - Item 4 of Table 2
4.1.3 Construction Work
4.1.3.1 Additional margin to be paid to employees on construction work in connection with the erection, maintenance, renovation or demolition of buildings or structures - Item 5 of Table 2
4.1.3.2 The additional margin is in consideration of conditions peculiar to construction work which are:
4.1.3.2.1 Working in the open and thereby being subject to climatic conditions, i.e. from dust blowing in the wind, brick dust, drippings from concrete, etc;
4.1.3.2.2 Sloppy conditions;
4.1.3.2.3 Lack of usual amenities associated with factory work, e.g. meal rooms, change rooms, locker, &c.,
4.1.3.3 This additional margin shall not apply to ship work or to employees on maintenance work in mixed industries.
4.1.4 Special Allowance -
4.1.4.1 Additional margin to be paid to employees on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures - Item 6 of Table 2
4.1.4.2 This additional margin shall not apply to ship work or to employees on maintenance work in mixed industries.
4.1.5 Ship Repair Work
4.1.5.1 Additional margins to be paid to employees engaged on ship repairs:

Tradesperson - Item 7 of Table 2

All other labour - Item 7 of Table 2
4.1.6 Power House Work
4.1.6.1 Tradespersons and their assistants employed in large operating power house (i.e. power house developing more than 8,000 kilowatts) other than those not on the regular staff employed on new construction work shall be paid as set out in Item 8 of Table 2. Such amount shall be deemed to include all special rates prescribed in clause 14, Special Rates. This allowance shall continue to be payable to tradesperson attached to the staffs of such power houses whilst carrying out repairs or maintenance in rotary converter and/or static substations which are in regular operation.
4.1.7 Electrical tradespersons employed at Australian Gypsum Ltd., Camellia, shall be paid as set out in Item 9 of Table 2 in addition to the rates prescribed in the said Table 1.
4.1.8 Supplementary Payments - The supplementary payments prescribed in Table 1 shall be paid to all employees other than employees engaged on construction work.
Such supplementary payments shall, to the extent of its amount, be in substitution for any over-award payment as defined hereunder which would otherwise have been paid and any such overaward payment shall be reduced by that amount.
"Overaward Payment" is defined as the amount (whether it be termed "over-award payment", "attendance bonus", "service increment" or any term whatsoever) which an employee performing weekly ordinary hours of work would receive in excess of the employee's weekly wage rate as defined by subclause (i), Weekly Wage Rate, of Clause 8, Wage Rates.
The supplementary payment shall be paid for all purposes of the award.
4.2 Apprentice Rates -
4.2.1 Indentured Apprentices - As set out in Table 3 - Apprentice Rates, of Part B, Monetary Rates.
4.2.1.1 In addition to the above rates, apprentices engaged on construction work in connection with the erection, repair, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance per week as set out in Item 10 of Table 2. This allowance is in consideration of conditions peculiar to construction work which are:
working in the open and thereby being subjected to climatic conditions, i.e., from dust blowing in the wind, brick dust, drippings from concrete, &c;
sloppy conditions;
lack of usual amenities associated with factory work eg., meal rooms, change rooms, lockers, &c.;
Provided that this allowance shall not apply to ship work or to employees on maintenance work in mixed industries.
4.2.1.2 Apprentices engaged on ship repairs shall be paid an additional margin per week as set out in Item 11 of Table 2.
Provided that where an apprentice is for a period of half a day or longer, away from his/her place of employment for the purpose of receiving tuition, the amount prescribed herein shall be decreased proportionately.
4.2.1.3 In addition to the above rates, apprentices on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance as set out in Item 12 of Table 2

4.2.1.4 The total rate of wages for apprentices in this award shall be calculated to the nearest 5 cents, any broken part of 5 cents in the result not exceeding half of 5 cents shall be disregarded.

4.2.2 Trainee Apprentices - As set out in the said Table 3.
4.2.2.1 In addition to the above rates, apprentices engaged on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance per week as set out in Item 13 of Table 2. This allowance is in consideration of conditions peculiar to construction work which are
working in the open and thereby being subjected to climatic conditions, i.e., from dust blowing in the wind, brick dust, drippings from concrete, etc.;
sloppy conditions;
lack of usual amenities associated with factory work, e.g., meal rooms, change rooms, lockers, etc.
Provided that this allowance shall not apply to ship work or to employees on maintenance work in mixed industries.
4.2.2.2 Apprentices engaged on ship repairs shall be paid an additional margin per week as set out in Item 14 of Table 2.
Provided that where an apprentice is for a period of half a day or longer, away from his/her place of employment for the purpose of receiving tuition, the amount prescribed herein shall be decreased proportionately.
4.2.2.3 The total rate of wages for apprentices in this award shall be calculated to the nearest 5 cents, any broken part of 5 cents in the result not exceeding half of 5 cents shall be disregarded.
4.2.2.4 In addition to the above rates, apprentices on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance set out in Item 15 of Table 2
5. No Extra Claims
It is a term of this award that the union undertakes, for the duration of the principles determined by the current State Wage Case decision, not to pursue any extra claims, award or over-award, except when consistent with those principles.
6. Travel and Expenses
6.1 General Conditions -
6.1.1 Commencing on Job - An employee required to work at a job away from his/her workshop or depot shall, at the direction of his/her employer, present himself/herself for work at such job at the usual time of starting work.
6.1.2 Location of Workshop or Depot - Upon the commencement of this award or the commencement of a contract of employment, the employer shall notify the employee of the location of the employee's workshop or depot and such location shall be recorded in the employee's wages record and/or service record; provided that if it becomes necessary for the location of the workshop or depot to be changed, the employer shall give the employee not less that 14 days notice of such change.
6.1.3 Transportation - The employer shall provide or arrange transport where reasonable and necessary for travelling as follows:
6.1.3.1 between jobs, and
6.1.3.2 between the employee's workshop or depot and jobs.
6.2 Travel -
6.2.1 Travelling Time - For the purpose of this clause, all time reasonably spent in travelling shall be travelling time.
6.2.2 In computing reasonable travelling time and for the purpose of Excess Travelling Time, the following shall apply:
6.2.2.1 Where the employee uses public transport on his/her journey, travelling time shall include all time reasonably spent:
(1) In waiting between public transport connections; and
(2) Between disembarking from public transport and the time of starting work; and
(3) Between finishing work and embarking on public transport.
6.2.2.2 Where the employee is required to walk on his/her journey, walking time shall be at the rate of 12 minutes per kilometre.
6.2.2.3 Where the employee uses a motor vehicle, other than public transport on his/her journey, travelling time shall be calculated as follows:
(1) Where the journey or portion of the journey is within:
48 kilometre radius of the General Post Office, Sydney;
or 32 kilometre radius of the General Post Office, Newcastle; or
The boundaries of the Port Kembla-Wollongong District (see NSW Industrial Gazette, volume 52, Page 783);
At the rate of two minutes for each kilometre of the journey.
(2) Where the journey or portion of the journey is outside the area prescribed above, at the rate of 1.25 minutes for each kilometre of the journey.
6.2.3 Excess Travelling Time - For the purpose of this clause, excess travelling time is all time reasonably spent by an employee in travelling to or from a job away from his/her workshop or depot in excess of time usually spent by the employee in travelling to or from his/her home and his/her workshop or depot.
6.2.4 Excess Travelling Time Payment - An employee shall be paid for excess travelling time at ordinary time rate except on a holiday or Sunday when payment shall be at the rate of time and a half.
6.2.5 Travelling Time Payment - To or From Distant Work - An employee travelling to or from distant work shall be paid for all time occupied in such travel at ordinary time rates up to a maximum of 12 hours out of every 24 hours, or, where a sleeping berth is provided, a maximum of 8 hours out of every 24 hours.

6.3 Fares and Expenses -

6.3.1 Fares and Expenses - The employer shall pay for all fares and/or expenses reasonably incurred by an employee in excess of those usually incurred by the employee in travelling between his/her home and his/her workshop or depot. Such fares and expenses shall include fares and/or expenses incurred in travelling between the workshop or depot and a job and in a travelling between jobs.
6.3.2 Fares and Expenses - Distant Work - The employer shall pay for any fares and/or expenses incurred in conveying an employee and the employee's tools and such personal belongings reasonably required for his/her personal use to and from distant work. Such expenses shall include cost of meals partaken and insurance of personal belongings whilst in transit.
6.3.3 Motor Vehicle Allowance - An employer shall pay to an employee a motor vehicle allowance per kilometre as set out in Item 1 of Table 4 of Part B as compensation for expenses where the employee, by agreement with his/her employer, uses his/her own motor vehicle in the following cases:
6.3.3.1 For the distance of his/her journey which is in excess of the distance of the journey between the employee's home and his/her workshop or depot where the employee starts or finishes work at a job away from his/her workshop or depot; or
6.3.3.2 For the distance of his/her journey where the employee is recalled to work overtime after leaving his/her employer's business; or
6.3.3.3 For the distance of his/her journey in travelling between his/her workshop or depot and a job or between jobs; or
6.3.3.4 For the distance of his/her journey in travelling to or from distance work.
6.4 Travel and Expenses - Construction and Shipping Work -
6.4.1 Scope - This section shall apply to employees covered by this award who are engaged in shipping work or on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, who are required to start and finish work on the job away from the employer's workshop or depot and to employees hired on a construction site for work on that site.
6.4.2 Average Excess Travelling Time - Construction &c. Work -
6.4.2.1 In lieu of the provisions of 6.2.3, Excess Travelling Time and 6.2.4, Excess Travelling Time Payment, an employee to whom this section applies shall be paid 0.8 hour's pay per day, calculated as prescribed by clause 8, Wage Rates. Such payment shall be made as compensation for average excess travelling time to and from a place of work.
6.4.2.2 The average excess travelling payment prescribed in 6.4.2.1 shall be paid in accordance with one of the following payment systems:
(1) Weekly Payment System - Where a weekly payment system applies to an employee his/her average excess travelling time rate shall be 0.8 hour's pay per day: or
(2) Average Payment System.
(i) So as to avoid fluctuating average excess travelling time payments each week, an employee may be paid according to a weekly average of the daily average excess travelling time rate prescribed by this subsection. Such weekly average excess travelling time rate shall be calculated by multiplying the daily average excess travelling time rate by the number of ordinary days of work in his/her work cycle and then dividing by the number of weeks in his/her work cycle.
(ii) Formula and Example:
Weekly Average Excess Travelling Time Rate.

=	Daily average excess travelling time x Ordinary days of work per
	work cycle divided by weeks per work cycle
=	0.8 hours x 19 days ÷ 4
=	3.8 hours weekly average excess travelling time.

(iii) In such case, where an employee is absent for the whole of a day, the employee shall lose average excess travelling time rate for that day calculated by dividing his/her weekly average excess travelling time rate by five.

6.4.2.3 Provided that, where an employee's average daily time of journeys to and from the employee's residence and a place of employment exceeds 3 hours per day, the employee shall be paid 0.8 hour's pay per day, and, in addition, shall be paid at ordinary time rate (except on a Sunday or a holiday when the rate shall be time and a half) for the average daily journey time which exceeds 3 hours per day.
6.4.2.4 Provided further that this subsection shall not inhibit the provisions of the definition at paragraph 2.2.5 of clause 2, Definitions.
6.4.3 Average Excess Fares - Construction Work &c.
6.4.3.1 In lieu of the provisions of subclause 6.3.1, Fares and Expenses and 6.3.3.1 of 6.3.3, Motor Vehicle Allowance employees to whom this subclause applies shall be paid an allowance per day as set out in Item 2 of Table 4 of Part B as compensation for average excess fares to and from places of work.
6.4.3.2 The average excess fares payment prescribed in 6.4.3.1 shall be paid in accordance with one of the following payment systems:
(1) Weekly Payment System. Where a weekly payment system applies to an employee his/her average excess fares shall be paid at an allowance as set out in Item 2 of Table 4 of Part B; or
(2) Average Payment System
(i) So as to avoid fluctuating average excess fares payments each week, an employee may be paid according to a weekly average of the daily average excess fare rate prescribed by this subsection. Such weekly average fares rate shall be calculated by multiplying the daily average excess fares rate by the number of ordinary days of work in his/her work cycle and then dividing by the number of weeks in his/her work cycle.
(ii) Formula and Example
As set out in Item 3 of Table 4 of Part B.
(iii) In such case, where an employee is absent for the whole of a day, the employee shall lose average excess fares rate for that day calculated by dividing his/her weekly average excess fares rate by five.

6.4.4 The allowance prescribed by this subclause 6.4.3 shall not be payable if the employer provides or offers to provide transport from the employee's home to the job and return, free of charge to the employee. The employee's home for this purpose shall include a place where an employee camps or where he/she is temporarily living.

6.4.5 Provided that where an employee is engaged on distant work and resides on the site of the job he/she shall not be entitled to the allowance prescribed inn this subsection.
6.4.6 Workshop - For the purposes of this section "workshop" shall mean a company head office, branch office and any established workshop except that which may be located on the job.
6.5 Government Works and Camps -
6.5.1 Scope - This section shall apply to the following:
6.5.1.1 Government Works - An employee engaged on work in connection with the construction and/or maintenance of water supply and sewerage works, bridges or water conservation and irrigation works, harbour and reclamation works carried out by Government Authorities, or
6.5.1.2 Camps - An employee who is required to camp either by direction of the employer or because no reasonable transport facilities are available to him/her to proceed to and from his/her home each day.
6.5.2 Travelling Time and Fares - In lieu of the provisions of 6.2.3 - Excess Travelling Time, and 6.2.4 - Excess Travelling Time Payment, and 6.3.1 - Fares and Expenses, and all of 6.4 - Travel and Expenses - Construction and Shipping Work, of this clause, employees to whom this section applies shall be paid the rates and allowed the conditions in respect of travelling time and fares prescribed by the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award published on 15 August 1984 (234 IG 1248) or by any award replacing the said award.
7. Tools
7.1 Provision of Tools - Employers shall continue to provide such tools of trade as were customarily provided at the time of the making of this award.
7.2 Power Tools, &c. -An employer shall provide for the use of tradesmen and apprentices all power tools, special purpose tools, precision measuring instruments and electrical measuring and/or testing instruments where the use of such equipment is reasonable and necessary.
7.3 Tool Allowance -
7.3.1 For tools not customarily provided by the employer at the date of commencement of this award but which are ordinarily required by tradesmen and apprentices for the performance of their duties and are supplied by an employee, an allowance as set out in Item 16 of Table 2 shall be paid subject to the employee maintaining an adequate kit of tools.
7.3.2 Such allowance shall be paid for all purposes of the award.
NOTE: A consideration for the granting of the above allowance is that the obligation for insuring an employee's tools against theft shall not rest upon the employer.
7.4 Carrying Tools, &c. - An employee shall not be required to carry tools and/or materials exceeding 20 kilograms in weight to or from the job.
7.5 Storing Employees' Tools - At each workshop or depot and at each job site an employer shall provide suitable free storage accommodation for employees' tools. An employer shall ensure that such tool storage accommodation is as secure as practicable against unauthorized entry outside working hours.

7.6 Damage to Tools - Compensation to the extent of the damage sustained shall be made where, in the course of the work, tools are damaged or destroyed by fire, or molten metal or through the use of corrosive substances; provided that the employer's liability shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties.

8. Wage Rates
Wage rates shall be calculated as prescribed by this clause.
8.1 Weekly Wage Rate - The ordinary weekly wage rate of any employee to whom this award applies shall be calculated by adding the amounts prescribed by:
8.1.1 Table 1 of Part B, Monetary Rates;
8.1.2 The tool allowance prescribed by subclause 7.3, Tool Allowance of clause 7, Tools; and
8.1.3 the casual hire rate prescribed by clause 11, Contract of Employment, where such casual hire rate is applicable.
8.1.4 Any margins applicable as per Clause 4, Margins
8.2 Hourly Wage Rate - The ordinary hourly wage rate of any employee to whom this award applies shall be calculated by dividing the weekly wage rate, prescribed by subclause 8.1, Weekly Wage Rate of this clause, by the weekly ordinary hours per week prescribed by subclause 17.1, Weekly Ordinary Hours per week of clause 17, Hours of Work - Day Workers, although more or less than the average weekly ordinary hours may be worked by the employee in any particular week of his/her work cycle.
The ordinary hourly wage rate shall be calculated to the nearest cent other than when the calculation comes to the exact half cent and in such case the ordinary hourly wage rate shall be calculated to that half cent.
8.3 All Purpose Rate - The ordinary hourly wage rate calculated in accordance with subclause 8.2, Hourly Wage Rate, of this clause shall be applied for all purposes of the award including the calculation of overtime and other penalty rates.
8.4 Tradesman's Work - Notwithstanding anything elsewhere contained in this award any employee engaged on tradesmen's work shall be paid the appropriate tradesman's wage rate whilst so engaged.
8.5 Mixed Functions - an employee engaged for more than 2 hours during one day or shift on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift; if so engaged for 2 hours or less during one day or shift he/she shall be paid the higher rate for the time so worked.
8.6 Extra Rates Not Cumulative - Extra Rates in this award except rates prescribed in clauses 14, Special Rates; 15, Multi storey Allowance; 16, Distant Places and the rate of payment prescribed by subclause 20.1.2, Payment of Work on a Holiday of clause 20, Holidays and Sunday Work for work on a holiday are not cumulative so as to exceed the maximum of double the ordinary rates.
8.7 The rates of pay in this award include the adjustments payable under the State Wage Case 2007. These adjustments may be offset against:
8.7.1 any equivalent overaward payments; and/or
8.7.2 award wage increases since 29 May 1991, other than safety net, State Wage Case, and minimum rates adjustments.