New south wales industrial gazette

13. Prohibitions
13.1 Improvers Prohibited - No improvers shall be employed in any of the occupations covered by this award for which an apprenticeship is provided.
13.2 Piecework Prohibited - Piecework and/or contracts for labour only or substantially for labour only are prohibited. Such prohibition, however, shall not apply to labour only or substantially labour only contracts where the contractor employs journeymen in accordance with the terms of this award in carrying out the contracts.
13.3 Payment by Results Prohibited - Any system of payment by results in the electrical contracting industry is prohibited: Provided that an employer and the union may agree on any variation to this subclause to apply to the employer's establishment.

14. Special Rates
In addition to the wage rates calculated as prescribed by clause 8, Wage Rates, the following disability rates and allowances and additional rates and allowances shall be paid:
14.1 Section I - Disability Rates -
14.1.1 Dirty Work - Where conditions are unusually offensive or unhealthy or more injurious to clothing than the ordinary workshop conditions, a dirty work allowance, as set out in Item 1 of Table 5, of Part B, Monetary Rates shall be paid.
14.1.1.1 Such conditions (without limiting the definition) may be found in holds, stokeholds, engine rooms, about boilers, forecastles, galleys and other rooms, and on or about mast head lights of ships that have been in commission.
14.1.1.2 Unless it can be shown that the conditions appertaining to any particular job done in connection with such works are no dirtier than the ordinary workshop conditions then the following shall be considered dirty work:
14.1.1.2.1 Work done at the following places: Wool scouring works, tanneries, boiling down works, sugar works, galvanizing works, lead works, paint works, smelting works, converting cyaniding and all dry crushing and/or grinding plants, sanitary works, fertilizer works, chemical works, abattoirs, knackeries, slaughter yards, cement works, mines and/or at pit tops.
14.1.1.2.2 Work done on or in the following: The space between the ceiling and roof of a building that has been occupied.
The space between the ceiling and the floor above of a building that has been occupied.
The space between the earth and the floor above of any building.
14.1.1.2.3 The following work: Operating a power tool to cut or groove (i.e. chase) brickwork, plaster, rockwork, concrete and other masonry work.
On repairs to electrically driven vehicles that have been in use.
On repairs to smoke boxes, fire boxes, uptake funnel, flue, furnace or combustion Chamber of a locomotive, marine or type of boiler.
On repairs in oil tanks or meat digesters.
On repairs to incinerators and/or incinerating devices which have been in use.
14.1.1.3 For ship repair work which a foreman and workman shall agree is of an unusually dirty or offensive nature the dirty work allowance, as set out in Item 2 of the said Table 5 shall be paid.
14.1.2 Confined Spaces - An employee working in a confined space (as defined in clause 2, Definitions) shall be paid a confined space allowance as set out in Item 3, Table 5.
14.1.3 Insulating Material - Temperature, Sound, &c. - An employee handling silicate of cotton, slag wool, rock wool or glass fibre wool for the purpose of insulation or who it is agreed between the employer and the employee is working in the immediate vicinity so as to be affected by the use thereof shall be paid an insulation material allowance as set out in Item 4 of the said Table 5. Such allowance shall be paid for the remainder of the day or shift after the time that it first becomes payable.

14.1.4 High Places -

14.1.4.1 An employee working on a building or structure of a height of 15 metres or more directly above a substantial level surface shall be paid a height allowance as set out in Item 5 of the said Table 5 and an additional amount as set out in Item 5 of the said Table 5 for each further 15 metres increase in the height at which he/she is working.
14.1.4.2 An employee working on any building or structure in a bosun's chair or swinging scaffold at a height up to 15 metres directly above a substantial level surface shall be paid a height allowance as set out in Item 5 of the said Table 4 and an additional amount as set out in item 5 of the said Table 4 for each further 15 metres increase in the height at which he/she is working.
14.1.5 Wet Places
14.1.5.1 An employee working in any place where his/her clothing or footwear becomes appreciably wet shall be paid a wet places allowance as set out in Item 6 of the said Table 5.
14.1.5.2 Provided that the wet places allowances shall not be payable where the employer provides the employee with suitable protective clothing and footwear.
14.1.5.3 Provided further that any employee who becomes entitled to the wet places allowance shall be paid such allowance for such part of the day or shift he/she is required to work in wet clothing or footwear.
14.1.6 Hot Places -
14.1.6.1 An employee working for more than one hour in the shade in places where the temperature is raised to between 46 degrees Celsius and 54 degrees Celsius shall be paid a hot places allowance as set out in Item 7 of the said Table 5. In places where the temperature exceeds 54 degrees Celsius the hot places allowance shall be as set out in Item 7 of Table 5. Where work continues for more than 2 hours in temperatures exceeding 54 degrees Celsius the employee shall be entitled to 20 minutes rest after every 2 hours' work without deduction of pay.
14.1.6.2 The temperature shall be decided by the foreperson the work after consultation with the employee who claims the hot places allowance.
14.1.7 Cold Places - An employee working for more than one hour in places where the temperature is reduced by artificial means below 0 degrees Celsius shall be paid a cold places allowance as set out in Item 8 of Table 5. Where work continues for more than 2 hours in temperatures below 0 degrees Celsius the employee shall be entitled to a rest period of 20 minutes after every 2 hours' work without deduction of pay.
14.1.8 Explosive Powered Tools - An employee required to use explosive powered tools shall be paid an hourly explosive powered tools allowance of 1/8 of the daily rate with a minimum payment as set out in Item 9 of Table 5.
14.1.9 Toxic Substances -
14.1.9.1 An employee required to use toxic substances shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.
14.1.9.2 Employees using such materials will be provided with and shall use all safeguards as are required by the appropriate Government authority.
14.1.9.3 Employees using toxic substances or materials of a like nature, where such substances or materials are used in quantities of 0.5 kg or over, shall be paid the amount as set out in Item 10 of Table 5.
Employees working in close proximity to employees so engaged so as to be affected by the use of such substances or materials shall be paid the amount as set out in Item 10 of Table 5.
14.1.9.4 For the purpose of this subclause toxic substances shall include epoxy based materials and 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.
14.1.10 Underground Work -
14.1.10.1 An employee required to work underground shall be paid an underground allowance as set out in Item 11 of Table 5.
14.1.10.2 Where a shaft is to be sunk to a depth greater than 6 metres the payment of the underground allowance shall commence from the surface.
14.1.10.3 This allowance shall not be payable to employees engaged upon "pot and drive" work at a depth of 3.5 metres or less.
14.1.10.4 The underground allowance prescribed in subparagraph (14.1.10.1) of this subclause shall be paid for all purposes of the award.
14.1.10.5 In lieu of the underground allowance prescribed by subparagraph (14.1.10.1) of this subclause an employee required to work underground for no more than 4 days or shifts in an ordinary week shall be paid an underground allowance as set out in Item 11 of Table 5.
14.1.10.6 The allowance prescribed by this subclause shall be paid in addition to all applicable margins prescribed by clause 4, Margins, and any other amount prescribed elsewhere in this award.
14.1.11 Submarine Work - Employees required to work in a submarine which has been in commission shall:
14.1.11.1 If required to work inside the hull including the fin and external casing but excepting the compartments referred to in subparagraph (14.1.11.2) of this paragraph, be paid the amount as set out in Item 12 of Table 5.
14.1.11.2 If required to work in any of the following compartments, be paid the amount as set out in Item 12 of Table 5
(1) Torpedo tube compartment
(2) Ballast Tanks
(3) Oil Tanks
(4) Below the main floor plates in main machinery, auxiliary machinery, asdic and battery compartments.
14.1.11.3 Provided that where an employee is required to work inside "D", "O" and "R" tanks removing or installing gauges, switches and related circuitry or in an extended position in the space above batteries in the battery compartment, the rate payable under this subclause shall be paid the amount as set out in Item 12 of Table 5 in respect of time so worked.
14.1.12 Asbestos Eradication -
14.1.12.1 Application - This subclause shall apply to employees carrying out electrical work in conjunction with any process of asbestos eradication as defined.
14.1.12.2 Definition - Asbestos eradication is defined as work on or about buildings, involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.
14.1.12.3 Control - Where an employee is required to carry out electrical work in conjunction with any process of asbestos eradication, then such work shall be conducted in accordance with the relevant Occupational Health and Safety legislation and regulations, as amended from time to time.
14.1.12.4 An employee, to whom this subclause applies, shall be paid the amount as set out in Item 13 of Table 5 which shall be in lieu of special rates prescribed by this section with the exception of paragraph (14.1.4) High Places, (14.1.6) Hot Places and (14.1.7) Cold Places of this section.
14.2 Section II - Additional Rates - Australian Glass Manufacturers Company, Pilkington - A.C.I. Operations Pty. Ltd., Crown Corning Limited, are exempt from subclause 14.1, Disability Rates of this clause, provided that they pay their Electrical Mechanics, Electrical Fitters and Electrical Instrument Fitters, an additional amount as set out in Item 14 of the said Table 5 and their electrical tradesmen's assistants an additional amount as set out in Item 14 of the said Table 5 in addition to the margins provided in clause 4, Margins.
These additional amounts are to cover all special rates and to compensate for additional skill and varying responsibilities.
14.2.1 Australian Iron and Steel Limited, John Lysaght (Australia) Limited and Broken Hill Proprietary Co. Ltd. Construction Sites.
14.2.1.1 Employees of contractors bound by this award engaged on construction work at the construction sites of Australian Iron and Steel Ltd at Port Kembla, John Lysaght (Australia) Ltd at Unanderra and the Broken Hill Proprietary Co. Ltd. at Newcastle shall be paid a construction allowance as set out in Item 15 of the said Table 5. The payment shall be made in compensation for the particular disabilities experienced at these sites.
14.2.1.2 An employee in receipt of the construction allowance prescribed by subparagraph 14.2.1.1 shall not be entitled to any of the special rates prescribed by this clause or of clause 15, Multi Storey Allowances, of this award.
14.2.1.3 The construction allowance prescribed by subparagraph 14.2.1.1 shall be paid for all purposes of the award.
14.2.2 Corrective Establishment - An employee who is required to work in the maximum security sections of the corrective establishments shall be paid an allowance as set out in Item 16 of the said Table 5 for each hour so engaged. Such allowance shall be paid in addition to other special rates applicable to the employee under the terms of this award.
14.2.3 Construction Sites Generally -
14.2.3.1 This subclause shall apply to an employee working on a site on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, and

14.2.3.2 A member or members of either the Industrial Commission of New South Wales by award or order prescribes a site allowance for conditions pertaining generally on that site to apply to employees of contractors and/or subcontractors who are employed under the terms of awards other than the Electricians', &c. (State) Award, then

14.2.3.3 The site allowance so prescribed under subparagraph 14.2.3.2 shall be deemed to be an allowance prescribed under this award and an employee to whom this award applies shall be paid the site allowance so prescribed.
Provided that any question arising for this subclause may be referred to the Electricians &c., (State) Industrial Committee for determination.
14.3 Section III - General -
14.3.1 Limits to Accumulation - Where more than one of the rates and allowances prescribed by subclause 14.1, Disability Rates, provides payment for disability of substantially the same nature then only he/she highest of such rates shall be payable.
14.3.2 Rates not Subject to Penalty Addition - Except where otherwise specified, the extra rates herein prescribed shall be paid irrespective of the time at which the work is performed and shall not be subject to any premium or penalty additions.
14.3.3 Disputed Claims - In the case of a disagreement between the foreperson and an employee about the entitlement to any of the disability rates and allowances prescribed by subclause 14.1, Disability Rates, of this clause, the employee shall be entitled within 24 hours to ask for a decision on his/her claim by his/her employer, industrial officer, manager, superintendent or engineer. In such a case a decision shall be given on the employee's claim within 48 hours of its being made (unless the time expires on a non working day, in which case it shall be given on the next working day) or else the special rate, allowance or conditions shall be paid or granted. In any case where the union is dissatisfied with the decision of the employer, industrial officer, manager, superintendent or engineer it shall have the right to bring such case before the Industrial Committee.
15. Multi-Storey Allowances
15.1 Definitions - The following definitions shall be applied to this clause:
15.1.1 "Multi Storey Building" means a building which, when complete, consists of 5 or more storey levels.
15.1.2 "Storey Level" means structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building and shall include basement levels and mezzanine or similar levels (but excluding "half floors" such as toilet blocks or store rooms located between floors).
15.1.3 "Floor Level" means that stage of construction which, in the completed building would constitute the walking surface of the particular floor level referred to in subclause 15.4, Scale of Allowances.
15.2 Eligibility - An employee shall be paid a multi storey allowance, in accordance with the provisions of this clause, to compensate for the disabilities experienced in, and which are peculiar to, work on multi storey buildings where the employee carries out electrical work either;
15.2.1 During a multi storey building's original construction; or
15.2.2 where a multi storey building is being renovated by alteration to the building (except alteration to demountable partitions); and
15.2.2.1 Electrical work is carried out as part of the building's renovation work;

15.2.2.2 Electrical work is carried out in conjunction with the work of other building trades who are renovating the building;

15.2.2.3 the renovation work extends to more than 2 storey levels; and
15.2.2.4 at least part of the renovation work to be carried out is above the 4th storey level.
15.2.3 The rate for electrical work in the renovation of a multi storey building shall be determined by reference to the scale of payment as prescribed by subclause (15.4) of this clause, appropriate for the highest floor level affected by such work.
15.3 Commencing Point of Measurement - The commencing point of measurement shall be the lowest main floor level (including basement floor levels but excluding lift wells and shafts) of the building.
15.4 Scale of Allowances -
15.4.1 The allowance to be paid to an employee engaged on the construction of a multi storey building shall be as set out in Item 17 of Table 5, Work Related Allowances of Part B, Monetary Rates.
15.4.2 An allowance in accordance with paragraph 15.4.3 shall be paid to all employees on the building site. The second and subsequent allowance scales shall, where applicable, commence to apply to all employees where one of the following components of the building - structural steel, reinforcing steel, boxing or walls, rises above the storey level first designated in each such allowance scale.
15.4.3 Payment shall be as set out in Item 17 of the said Table 5.
15.4.4 Completion Point of Allowance - The allowance payable at the highest point of the building shall continue until completion of the building.
16. Distant Places
16.1 Central Section - All employees working in districts west and north of and excluding Newell Highway No. 39 from Tocumwal to Gilgandra, the Oxley Highway No. 34 from Gilgandra to Tamworth, Trunk Road No. 95 to Yetman and the Bruxner Highway No. 44 to Boggabilla up to the Western Division Boundary and excluding the municipalities through which the road passes, shall be paid an allowance as set out in Item 18 of the said Table 5.
16.2 Western Division - All employees working in the western division of the State shall be paid an allowance as set out in Item 18 of the said Table 5.
16.3 Snowy Mountains Section - All employees working within the area bounded by and inclusive of the Snowy River from the New South Wales border to Dalgety thence by road directly from Dalgety to Berridale and on to the Snowy Mountains Highway at Adaminaby, thence to Blowering, thence by a line drawn from Blowering south east to Welaregang and on to the Murray River, thence in a south easterly direction along the New South Wales border to the point of commencement, shall be paid an allowance as set out in Item 18 of the said Table 5.
16.4 Application of Rates - The above rates shall not form part of the ordinary rates of pay for the purpose of the calculation of overtime.
17. Hours of Work - Day Workers
17.1 Weekly Ordinary Hours - The weekly ordinary hours of work shall be 38 hours per week or an average of 38 hours per week, such average hours per week being calculated over an employee's work cycle.

17.2 Work Cycles - The weekly ordinary hours of work shall be arranged in accordance with one of the following work cycles:

38 hours within a work cycle not exceeding 7 consecutive calendar days; or

76 hours within a work cycle not exceeding 14 consecutive calendar days; or

114 hours within a work cycle not exceeding 21 consecutive calendar days; or

152 hours within a work cycle not exceeding 28 consecutive calendar days.

Provided that a work cycle may differ from those prescribed by this subclause as to all or a section of employees by mutual agreement between an employer and the union.
17.3 Daily Ordinary Hours - The daily ordinary hours of work shall not exceed 8 hours. Provided that the daily ordinary hours of work prescribed by this subclause may be altered as to all or a section of employees by mutual agreement between an employer and the union.
17.4 Days of Work - The ordinary hours of work may be worked on any days or all of the days of the week, Monday to Friday inclusive.
17.5 Spread of Hours -
17.5.1 The spread of daily ordinary hours of work shall be between 6.00 a.m. and 6.00 p.m. at the discretion of the employer and, except for meal breaks, shall be worked continuously.
17.5.2 The spread of daily ordinary hours of work prescribed by this subclause may be altered:
17.5.2.1 as to all or a section of employees by mutual agreement between an employer and the union, or
17.5.2.2 by mutual agreement between an employer and his/her employees to permit a 6.00 a.m. starting time during summer months.
17.5.3 Australasian Conference Association Ltd - For the purpose of the Australasian Conference Association Ltd at Cooranbong and at Lewisham, the spread of hours for day workers shall be so as to permit the 38 hours to be worked within the following hours:
Monday to Thursday - 7.00 a.m. to 5.00 p.m. with a 45 minute meal break.
Friday - 7.00 a.m. to 1.00 p.m.
17.6 Systems of Ordinary Hours of Work - The ordinary hours of work may be arranged in accordance with any one of the following systems:
17.6.1 Fixed Weekly Hours Systems - By employees working 38 hours each week:
17.6.1.1 but less than 8 ordinary hours each day (regular daily hours method), or
17.6.1.2 but less than 8 ordinary hours on one or more days each week (irregular daily hours method).
17.6.2 Average Weekly Hours Systems - By employees working an average of 38 hours per week over a work cycle:
17.6.2.1 and by fixing one week day as a leisure day on which all employees will be off duty during a particular work cycle (fixed leisure day method), or

17.6.2.2 any by rostering employees off work on various days of the week during a particular work cycle so that each employee has one leisure day during that cycle (rostered leisure day method).

17.6.3 "Leisure Day" for the purpose of this award is the weekday, not being a holiday, that an employee has off duty when working in accordance with an average weekly hours system.
17.7 Notice of Leisure Day - Subject to the provisions of subclause 17.9, Substitution of Leisure Day of this clause, an employee who is entitled to a leisure day during that employee's work cycle shall be advised by the employer of the date of the employee's leisure day at least 4 weeks in advance of it.
17.8 Leisure Day Falling on a Holiday - Where an employee who is entitled to a leisure day (in accordance with this clause) and such leisure day falls on a holiday prescribed by clause 20, Holiday and Sunday Work of this award, such leisure day shall be substituted for another week day: Provided that the day to be taken as a substitute leisure day shall be determined by agreement between the employer and the employee and that it shall be taken during the work cycle in which the day fell due or during the next succeeding work cycle.
17.9 Substitution of Leisure Day -
17.9.1 An individual employee, with the agreement of his/her employer, may substitute his/her leisure day for another day.
17.9.2 An employer with the agreement of an individual employee, may substitute the employee's leisure day for another day.
17.9.3 An employer, with the agreement of the majority of employees working in a project, undertaking or establishment, may substitute the employees' leisure day for another day in case of:
17.9.3.1 breakdown in machinery, or
17.9.3.2 failure or shortage of electric power, or
17.9.3.3 to meet the requirements of the business in the event of rush orders or some other emergency situation, or
17.9.3.4 where employees cannot be usefully employed due to any cause for which the employer cannot reasonably be held responsible.
17.9.4 Provided that any substituted leisure day referred to in the proceeding paragraphs of this subclause shall be taken during the work cycle in which the leisure day fell due or during the next succeeding cycle.
17.10 Work Outside Ordinary Hours - All work outside the ordinary hours of work prescribed by this clause, including work on a leisure day except where such leisure day is substituted for another day, shall be subject to the penalty rates set out in this award.