AN120684 – Plumbers and Gasfitters (State) Consolidated Award

AUSTRALIAN INDUSTRIAL REGISTRY CONSOLIDATION

This AIR consolidated award reproduces the former State award Plumbers and Gasfitters (State) Consolidated Award as at 27 March 2006.

About this Award:
Formerly award 539, Serial B7681, of the Industrial Relations Commission of New South Wales.

This award incorporates Serial C5432 (operative on and from 19 December 2005).

Printed by the authority of the Commonwealth Government Printer.

Disclaimer:
Please note that this consolidated former State award is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

AN120684 [Notional AIR Consolidation]

(539) SERIAL B7681

PLUMBERS AND GASFITTERS (STATE) CONSOLIDATED AWARD

AWARD

PART A

1. BASIC WAGE

This award, in so far as it fixes rates of wages, is made by reference and in relation to the adult basic wage as set out in Part B, Monetary Rates.

The said basic wage may be varied by the Industrial Relations Commission of New South Wales under subclause (2) of clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional and Other Provisions, of the Industrial Relations Act 1996.

A reference in this award to the adult basic wage is to be read as a reference to the adult basic wage currently in force under the said clause 15.

2. INTERPRETATION

Plumbing work, without limiting its ordinary meaning, shall be deemed to include plumbers' lead burning, ship's plumbing, chemical plumbing, oxy welding, electric welding and brazing applicable to plumbing work as herein defined, all sanitary work, gas-fitting, maintenance, installation and repair of hot and cold water services, and hotwater and/or steam heating services, air-conditioning plants, the making up, fitting and installation of sewage and sewerage systems in sheet lead, galvanised iron, cast iron or any other material which supersedes the materials usually used by plumbers, the fixing of roofing, curtain walling, spouting, downpipes, gutters, valleys, ridging and flashings in any metal or any material and the fixing, maintenance and repair of metal drain pipes and vent pipes to any houses or building.

Drainage work, without limiting its ordinary meaning, shall be deemed to include all work, including excavation, in connection with the laying and joining of stoneware and/or pipes for sewerage purposes.

Union means The New South Wales Plumbers and Gasfitters Employees' Union.

3. PROPORTION

(i) Proportion of apprentices to tradesperson shall not exceed one apprentice to two tradesperson or fraction thereof.

Such proportion is to be calculated on the average number of tradesperson employed for the preceding six calendar months.

(ii) If through lack of work the services of a tradesperson must be dispensed with, the foregoing proportion shall, as far as possible, be maintained by lessening the number of trainee apprentices employed.

(iii) Should the services of a trainee apprentice be dispensed with by an employer, through lack of work, such trainee shall have preference of employment with such employer when work is available should the trainee be still unemployed.

(iv) This clause shall not affect the proportion of apprentices to tradesperson for whom approval had been granted prior to the operation of this award.

4. HOURS

(i) Except as provided elsewhere in this award, the ordinary working hours shall be 38 per week worked in accord with the following provisions for a four week work cycle:

(a) The ordinary working hours shall be worked as a 19 day four week cycle of eight hours each on Monday to Friday inclusive, between the hours of 7.30 a.m. and 5.00 p.m., provided that, by agreement between the employer and his employees the working day may begin at 6.00 a.m. or at any time between that hour and 8.00 a.m. and the working time shall then begin to run from the time so fixed with a 0.4 of one hour of each day worked accruing as an entitlement to take a leisure day in each cycle as a day off paid for as though worked:

(1) By fixing the fourth Monday as a leisure day on which all employees will be off duty during a particular work cycle; or

(2) By rostering employees off work on the preceding Friday or the Monday following the fixed leisure day during a particular work cycle so that each employee has one regular leisure day during that cycle.

Provided, that, in the service industry by agreement in writing between an employer and his/her employees an alternate day in the four week cycle may be substituted for the fourth Monday as the day off paid as though worked, and where such agreement is reached all provisions of this award shall apply as if such day was the prescribed fourth Monday.

(b) Where such fourth Monday or agreed rostered day prescribed by subparagraph (1) of paragraph (a) of this subclause falls on a public holiday as prescribed in clause 23, Public Holidays (or in respect of an apprentice on a day on which the apprentice is required to attend technical college or registered training organisation), 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, is agreed in writing between the employer and the employees.

(c) Each day of paid leave taken and any public holiday occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

(d) An employee who has not worked, or is not regarded by reason of paragraph (c) of this subclause as having worked a complete 19 day four week cycle, shall receive pro rata accrued entitlements for each day worked or regarded as having been worked in such cycle payable for the rostered day off or, in the case of termination of employment, on termination.

(e) The accrued rostered day prescribed in paragraphs (a) and (b) of this subclause shall be taken as a paid day off; provided that the day may be worked where that is required by the employer and such work is necessary to allow other employees to be employed productively or to carry out out of hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project, in which case, in addition to the accrued entitlement employees shall be paid penalty rates and provisions as prescribed for Saturday work in clause 22, Saturday and Sunday.

(f) There will be a cessation of work and of working time for the purpose of a meal on each day of not less than 30 minutes, to be taken between noon and 1.00 pm.

(ii) There shall be allowed, without deduction of pay, a rest period of ten minutes between 9.00 a.m. and 11.00 a.m., or at such earlier time as may be mutually agreed upon.

5. NIGHT SHIFT

Wherever it may be found necessary in the erection, alteration, renovation or demolition of buildings to work wholly by night; or in two shifts, day and night, the following terms and conditions shall apply:

(i) No employee who is employed during the ordinary hours shall be employed on night shift except on overtime rates or vice versa.

(ii) Reasonable time shall be allowed for a meal or meals during such shift.

(iii) In cases where night shifts are worked and the employment continues for more than one week, employees shall work five shifts per week of eight hours.

Employees on shift work shall accrue 0.4 of one 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 and the appropriate allowance as set out in paragraphs (a), (b), (c) and (d) of subclause (1) of clause 14, Compensation for Travel Patterns, Mobility Requirements of Employees and the Nature of Employment in the Construction Work Covered by this Award.

Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 23, Public Holidays, shall be regarded as shifts worked for accrual purposes.

Except as provided above employees not working a complete four week cycle shall be paid accrued pro rata entitlements for each shift worked on the programmed shift off or, in the case of termination of employment, on termination.

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; provided that such accumulation shall be limited to no more than five such accrued days before they are taken as paid days off, and when taken the days shall be regarded as days worked for accrual purposes in the particular 20 shift cycle.

Once such days have been rostered they shall be taken as paid days off; provided that where an employer, for emergency reasons requires an employee to work on his rostered day off, he/she shall be paid, in addition to his accrued entitlement, the penalty rates prescribe d in subclause (vii) of this clause.

(iv) An employee employed for less than five continuous shifts in any working week shall be paid in accordance with clauses 20, Overtime, and 22, Saturday and Sunday, provided that, in cases where the employee has been employed on night shift for more than one week continuously then in such cases if the job finished during the currency of a week's work the employer shall be at liberty to terminate the engagement and shall pay to such employee the rate fixed for night shift work for the time actually worked, provided also that in cases where less than a full week is worked, due to the action of the employee, then in such cases the rate payable for the actual time worked shall be ordinary night shift rates.

(v) The rate of pay for night shift shall be time and a quarter.

(vi) The starting and finishing hours for night shift work shall be agreed upon mutually between the employer and his/her employees, provided that the starting time for ordinary night shift hours shall not be before 3 p.m.

(vii) Overtime - All time worked on Sundays and the holidays mentioned in the said clauses 22 and 23 shall be paid for at the rate of double time shift rates. All time worked outside the ordinary night shift hours shall be paid for at the rate of time and a half for the first two hours and double time thereafter based upon night shift rates. Where a period of overtime is two hours or more an employee shall be allowed a 20 minutes' meal break which shall be paid for at ordinary rates.

(viii) Notwithstanding the foregoing provisions of this clause employees of contractors and such subcontractors as may be engaged by them on the Snowy Mountains Hydro Electric Undertaking may, in lieu thereof, carry out shift work under the terms and conditions as are prescribed by the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award made 13 July 1998, as varied, from time to time or by any award replacing the said award.

6. WAGES

Building Industry -

1. Unless otherwise expressly stipulated by this award, no employee shall be reduced in status or position nor his/her rate of remuneration reduced or any of his/her conditions of employment adversely affected merely as a consequence of the making of this award.

2. (a) Journeyperson Plumber (other than Ship's Plumber) - The ordinary hourly rates of wages for a journeyperson plumber shall be adjustable with the changes in the adult basic wage, from time to time effective, and shall be the rate calculated as follows:

(i) By multiplying the total sum of the adult basic wage and the margin of skill as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates, plus the industry allowance plus the tool allowance and supplementary payment as set out in Item 1 of Table 2 - Other Rates and Allowances, of the said Part B, plus the arbitrated safety net adjustments by 52 over 48.8 to load the wages to provide payments of 1.6 weeks to follow the job and 1.6 weeks inclement weather.

(ii) By adding to the sum calculated in subparagraph (i) of this paragraph, the special allowance as set out in the said Item 1 and dividing the resultant sum by 38 to reduce it to an hourly rate calculated to the nearest cent, less than half a cent to be disregarded.

(iii) The ordinary rate calculated in accordance with subparagraphs (i) and (ii) of this paragraph is an amount per hour as set out in the said Table 1, plus a registration allowance per hour as set out in Item 1. This allowance shall be paid for all purposes of the award with the exception of clauses 5, Night Shift and 20, Overtime, in which cases it shall be paid as a flat rate and not be subject to penalty addition.

(b) The ordinary hourly rate of wages for the undermentioned classifications shall be calculated by deducting from the hourly rate specified in subparagraph (iii) of paragraph (a) of this subclause for a journeyperson plumber the amount hereunder:

Drainer - An amount as set out in Item 1 of Table 2.

(c) Ship's Plumber - The ordinary hourly rate of wages for a Ship's Plumber shall be adjustable with changes in the adult basic wage, from time to time effective and shall be the rate calculated as follows:

(i) By multiplying the total sum of the basic wage and the margin for skill as set out in Table 1 plus the industry allowance plus the tool allowance and a supplementary payment as set out in Table 1 plus the arbitrated safety net adjustments by 52 over 48.8 to load the wages to provide payments of 1.6 weeks to follow the job and 1.6 weeks inclement weather.

(ii) By adding to the sum calculated in subparagraph (i) of this paragraph special allowance as set out in Item 1 of Table 2 and dividing the resultant total sum by 38 to reduce it to an hourly rate to be calculated to the nearest cent, less than half a cent to be disregarded.

(iii) The ordinary rate calculated in accordance with subparagraphs (i) and (ii) of this paragraph is an amount per hour as set out in Table 1, plus a registration allowance as set out in Item 2 of Table 2.

(iv) (a) The supplementary payment as set out in Item 2 is compensation for the non-incidence of over-award payments in the building industry.

(b) The special allowance as set out in Item 2 where mentioned is compensation for:

(a) excess travelling time incurred by employees in the building industry; and

(b) the removal of loadings consequent upon the introduction of this award.

(d) Apprentices -

(i) The minimum rates of wages for indentured apprentices shall be as follows:

Indentured Apprentices - For apprentices employed by employers bound by this award, other than those employed on ship's plumbing, the wage rates shall apply as set out in Table 1 - Rates of Pay of Part B, Monetary Rates.

Note: The special allowance variation will follow principles adopted in the special allowance clause of this award.

(ii) The minimum rate of wages for trainee apprentices shall be as set out in the said Table 1.

Note: The special allowance variation will follow principles adopted in the special allowance clause of this award.

The above rates include all arbitrated safety net adjustments prescribed in this clause.

(iii) (a) In the case of apprentices engaged in ship repairs, the sum as set out in Item 2 of Table 2 - Other Rates and Allowances, of the said Part B, shall be paid in addition to the base rate payable per week. 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.

(b) An apprentice for whom a term of pre-apprenticeship has been approved shall be paid at the rate for a first year apprentice for the first six months of his/her apprenticeship and shall then be paid at the rate fixed for a second-year apprentice for the following 12 months; the third year rate for the 12 months period then following and the 4th year rate for the remaining period of the apprenticeship.

Note: Apprentices may also be entitled to additional amounts in respect of tool allowance, fares, accident pay, overtime and other special rates, including rates for work on ship's plumbing, as provided in this award.)

(c) All wages shall be on a weekly basis, provided that it shall be an implied term in any contract of apprenticeship that an employer shall be at liberty to deduct from the weekly wage of an apprentice an amount proportionate to the time lost by an apprentice arriving late for work.

(e) The rates of pay in this award include the adjustments payable under the State Wage Case of May 2004 and 2005. These adjustments may be offset against:

(i) any equivalent overaward payments; and/or

(ii) award wage increases since 29 May 1991 other than Safety Net, State Wage Case and Minimum Rates adjustments.

Inclement Weather -

Note: For the purpose of this clause, inclement weather shall mean the existence of rain or abnormal climatic conditions such as severe dust storm, high wind, cold, hail, snow, extreme of high temperature or any combination thereof by virtue of which it is either not reasonable or is unsafe for workmen exposed thereto to continue working whilst those conditions prevail.

7. ADDITIONAL WAGE RATES

(i) The ordinary hourly rate of wages for journeyperson plumbers in each of the undermentioned classifications shall be calculated by adding to the hourly rate prescribed in clause 6, Wages, for a journeyman plumber the amount assigned to the appropriate classification:

(a) When required to act on his/her plumber's licence - an amount as set out in Item 3 of Table 2- Other Rates and Allowances, of Part B, Monetary Rates.

(b) When required to act on his/her gasfitter's licence - an amount as set out in Item 4 of the said Table 2.

(c) When required to act on his/her drainer's licence - an amount as set out in Item 5 of Table 2.

(d) When required to act on his/her plumber's and gasfitter's licence - an amount as set out in Item 6 of Table 2.

(e) When required to act on his/her plumber's and drainer's licence - an amount as set out in Item 7 of Table 2.

(f) When required to act on his/her gasfitter's and drainer's licence - an amount as set out in Item 8 of Table 2.

(g) When required to act on his/her plumber's, gasfitter's and drainer's licence - an amount as set out in Item 9 of Table 2.

Note: Gasfitting licence shall be deemed to include coal gas, natural gas, liquid petroleum gas or any other gas that is required by any State Act of Parliament or regulation to be the holder of a licence to be responsible for the installation of any such service or services.

(ii) A licensed drainer who may be required to act on his/her licence during the course of his/her employment shall be paid an amount as set out in Item 10 of Table 2 in addition to the rate prescribed.

An employee who may be required by his/her employer to act on any of his/her licence or licences during the course of his/her employment is entitled to be paid at the rate per hour mentioned in this award for every hour of his /her employment whilst he/she is liable to be called upon by his/her employer to act on his/her licence or licences whether he/she has in any hour in fact acted on such licence or not.

(iii) The ordinary hourly rates for employees in the following classifications shall be calculated by adding to the hourly rate prescribed for journeyperson plumbers in the said clause 6:

(a) Lead burner - an amount as set out in Item 11 of Table 2.

(b) Lead burner employed in chemical works on the making, repairing and maintenance of plants other than repairs to buildings or sheds housing such plant - an amount as set out in Item 12 of Table 2.

(c) (1) An employee being the holder of a WorkCover or Department of Industrial Relations Oxyacetylene or Electric Welding Certificate who may be required by his/her employer to act on either of his/her certificates during the course of his/her employment shall be entitled to be paid for each hour of his/her employment of which the nature of the work is such that it is to be done by or under the supervision of the holder of either certificate, or while not performing but supervising such work, the sum as set out in Item 13 of Table 2 with a minimum payment as set out in the said Item 13 for each certificate in addition to the rates for a journeyperson plumber in the said clause 6.

(2) An employee being the holder of a certificate or certificates as defined in subparagraph (1) of this paragraph and who is required by his/her employer to perform welding, subject to the provision of and in compliance with AS4041-1998 shall be paid an amount as set out in Item 14 of Table 2 per hour with a minimum payment as set out in the said Item 14.

(d) A person shall, if required to compute quantities, or make up estimates, be paid an amount as set out in Item 15 of Table 2 in addition to his/her ordinary rates of pay.

8. TOOL ALLOWANCE - APPRENTICES

(i) Apprentices shall be paid each week a tool allowance as set out in Item 16 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates, provided that where the employer supplies the apprentice with all necessary tools to use in his/her trade (such tools to remain the property of the employer), the provisions of this subclause shall not apply.

(ii) An employer may, by agreement with the apprentice's parent or guardian, elect to provide the apprentice with a kit of tools and, subject to establishing the value of the tools at the time of so providing, deduct the tool allowance until the cost of tools is reimbursed. In the event of an apprentice being dismissed or leaving his/her employment before the cost of the tool kit has been reimbursed the employer shall be entitled to:

(1) deduct from any wages due to the apprentice the remaining cost of the tool kit; or

(2) by agreement retain the tools at the originally nominated value to the amount still owing.

Provided further that where a tool allowance is paid to apprentices the employer may, from time to time, inspect tools provided by an apprentice and if not satisfied that reasonable tools are being provided and kept in serviceable condition, having regard to the quantum of tool allowance paid, may furnish or render serviceable such tools and deduct the cost thereof from the tool allowance payments thereafter becoming due.

(iii) Any question arising out of the provisions of this clause shall be referred to the Industrial Committee for determination.

9. LEADING HANDS

In addition to the ordinary rates of pay an employee appointed as a leading hand in charge of up to two journeyperson shall be paid an amount as set out in Item 17 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates; or of three to five employees, an amount as set out in the said Item 17, or of six to ten employees, an amount as set out in the said Item 17 or of more than ten employees, an amount as set out in Item 17.

10. CHOKAGES

If an employee is employed upon any chokage or oil chokage (other than domestic) and is required to open up any soil pipe, waste pipe or drain pipe conveying offensive material, or scupper containing sewerage, he/she shall be paid an additional amount as set out in Item 18 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, or part of a day.

11. SPECIAL RATES

(i) Wet Work - If an employee is called upon to work in either mud or water, or in the rain, or on a raft, or in an open boat, he/she shall be paid an amount as set out in Item 19 of Table 2 – Other Rates and Allowances, of Part B, Monetary Rates, for time so worked.

Such payment shall also be made when an employee is called upon to work upon a punt, pontoon or catamaran, the freeboard of which is to be 304.8 millimetres or less. No employee shall be permitted to work alone on a punt or raft.

(ii) Insulation Material - An employee who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognised insulating material of a like nature or working in the immediate vicinity so as to be affected by the use thereof, an amount as set out in Item 20 of Table 2 or part thereof.

(iii) Employees employed in temperatures below 0 degrees Celsius shall be paid an amount as set out in Item 21 of Table 2 for time so worked and shall be supplied also with suitable boots when required. Employees working in temperatures below 0 degrees Celsius shall be entitled to 15 minutes rest period after each two hours worked.

(iv) All work, other than chokages hereinbefore mentioned, in connection with WC's, urinals, soil or waste pipes where used principally by venereal patients in hospitals or ships, shall be paid an amount as set out in Item 22 of Table 2, provided that, the extra payment need not be made if suitable gloves and (where necessary) suitable boots, all of which shall remain the property of the employer, are supplied to the employee concerned for his use during such work.

(v) Employees working for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 and 54 degrees Celsius shall be paid an amount as set out in Item 23 of Table 2 in places where the temperature exceeds 54 degrees Celsius an amount as set out in the said Item 23 shall be paid. Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, employees shall also be entitled to 20 minutes rest after every two hours' work without deduction of pay. The temperature shall be decided by the foreman of the work after consultation with the employees who claim the extra rate.

(vi) Work including work performed with second hand materials, which a foreperson and worker agree is of an unusually dirty or offensive nature and for which no other special rates are prescribed, shall be paid for by an additional amount at the rate as set out in Item 24 of Table 2 the rate prescribed by clause 6, Wages. In the case of disagreement between the foreperson and worker, the latter shall be entitled within 12 hours to ask for a decision on his/her claim by the employer, his/her industrial officer, manager or superintendent. In such a case, a decision shall be given on the worker's claim within 24 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, his/her Industrial Officer, Manager or Superintendent, it shall have the right to bring such case before the Industrial Relations Commission of New South Wales.

(vii) An employee of Orica Australia Engineering engaged at its Botany works on maintenance inside buildings where chlorine gas and/or hydrogen sulphide gas are manufactured or handled, shall be paid an amount as set out in Item 25 of Table 2 or part thereof during which such employee is so engaged. Notwithstanding the provisions of subclause (xxviii), of this clause, the rate prescribed by this subclause shall be payable in addition to such rate (if any) as may also be applicable under the provisions of this award, it shall be paid irrespective of the time at which the work is performed and shall not be subject to any premium or penalty additions.

(viii) Employees engaged on electric welding applicable to plumbing, other than those covered by paragraph (c) of subclause (iii) of clause 7, Additional Wage Rates, shall receive an amount as set out in Item 26 of Table 2 for the time so worked.

(ix) An employee who is an authorised operator of explosive powered tools shall be paid an amount as set out in Item 27 of Table 2 for each day when required to use these tools.

(x) (a) An employee who is required to work in maximum security sections of the Corrective Service Establishments, shall be paid an amount as set out in Item 28 of Table 2 for each hour so engaged in addition to the other special rates of this clause.

(b) An employee who is required to work in a geriatric hospital controlled by the Department of Health, N.S.W. shall be paid an amount as set out in Item 29 of Table 2 in addition to other special rates of this clause.

(xi) Employees engaged in fixing or repairing a roof or any other work in excess of 12.2 metres from the nearest floor level shall be paid an amount as set out in Item 30 of Table 2 with a minimum payment as set out in the said Item 30. Examples of such work are work on roofs in churches or stores).

(xii) Employees working in tuberculosis hospitals or homes shall, if they so request, be X rayed at the employer's expense and in his time at termination of employment at such hospitals or homes or each six months, whichever is the lesser.

(xiii) Employees working in mental institutions shall be paid an amount as set out in Item 31 of Table 2 in addition to all other rates payable under this award. Such additional payment shall not be taken into account in the calculation of overtime or other penalty rates: Provided that payment under this clause shall not be made in respect of work done in such areas as may be agreed upon with The New South Wales Plumbers and Gasfitters Employees' Union.

(xiv) An employee engaged in tunnel and sewer work and in underground shafts exceeding in each case three metres in depth - an amount as set out in Item 32 of Table 2.

(xv) An employee engaged on alterations or repairs to boilers, flues, furnaces, retorts and kilns – an amount as set out in Item 33 of Table 2.

(xvi) An employee required to work in the construction of chimneys and air shafts where the construction exceeds 15 metres in height shall be paid, for all work above 15 metres an amount as set out in Item 34 of Table 2 with an amount as set out in the said Item 34 additional for work above each further 15 metres.

(xvii) An employee required to work in a bosun's chair or on a swinging scaffold shall be paid an amount as set out in Item 35 of Table 2 for the first 4 hours or any portion thereof and an amount as set out in the said Item 35 for each hour thereafter whilst so engaged. An employee shall not be required to raise or lower a swinging scaffold alone.

(xviii) An employee working on any structure at a height of more than 12.2 metres where an adequate fixed support not less than 0.75 metres wide is not provided shall be paid an amount as set out in Item 36 of Table 2. This subclause shall not apply to an employee working on a bosun's chair or on a swinging scaffold.

(xix) Employees working in sanitary works in operation shall be paid an additional amount as set out in Item 37 of Table 2 or part thereof.

(xx) Employees working in slaughtering yards shall be paid at the rate as set out in Item 38 of Table 2.

(xxi) An employee working on a scaffold or bosun's chair set outside a building, irrespective of the state of construction, shall be paid the same rate as would be paid under clause 13, Multi storey Allowance, for work at that level.

(xxii) (a) All employees working in districts west and north of and excluding State Highway No. 17 from Tocumwal to Gilgandra, State Highway No. 11 from Gilgandra to Tamworth, Trunk Road No. 63 to Yetman and State Highway No. 16 to Boggabilla up to the Western Division boundary and excluding the municipalities through which the road passes, shall be paid an amount as set out in Item 39 of Table 2.

(b) All employees in the Western Division of the State shall be paid an amount as set out in Item 40 of Table 2.

(c) 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 southwest to Welaregang and on to the Murray River, thence in a southeasterly direction along the New South Wales border to the point of commencement, shall be paid an amount as set out in Item 41 of Table 2 or part thereof.

(xxiii) An employee who works in a place where the dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation shall be paid an amount as set out in Item 42 of Table 2 or part thereof.

(xxiv) Employees required to use materials containing asbestos or to work in close proximity to employees using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority and, where such safeguards include the mandatory wearing of protective equipment, such employees shall be paid an amount as set out in Item 43 of Table 2 whilst so engaged.

(xxv) Towers Allowance - An employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft, cooling tower, water tower or silo, where construction exceeds 15 metres in height shall be paid for all work above 15 metres, an amount as set out in Item 44 of Table 2 with an amount as set out in the said Item 44 per hour additional for work above each further 15 metres.

(xxvi) Toxic Substances -

(a) Employees 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 material.

(b) Employees using such materials will be provided with and shall use all safeguards as are required by an appropriate Government authority or in the absence of such requirement such safeguards as are defined by a competent authority or person chosen by the union and the employer.

(c) Employees using toxic substances or materials of a like nature shall be paid an amount as set out in Item 45 of Table 2. Employees working in close proximity to employees so engaged shall be paid an amount as set out in the said Item 45.

(d) For the purposes of this subclause toxic substances shall include epoxy resin 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.

(xxvii) An employee required to work in a place where fumes of sulphur or other offensive fumes are present shall be paid such rates as are agreed upon between him/her and the employer: Provided that in default of agreement, the matter may be referred to the Industrial Registrar to be determined by a Commissioner, the Industrial Committee or the Industrial Relations Commission of New South Wales. Any special rate so fixed shall apply from the date the employer is advised of the claim and thereafter shall be paid as and when the fume condition occurs.

(xxviii) Where 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.

(xxix) The above rates shall not, except where expressly provided to the contrary, form part of the ordinary rates of payment for the purpose of calculation of overtime.

(xxx) Asbestos Eradication

(a) Application: This subclause shall apply to employees engaged in the process of asbestos eradication on the performance of work within the scope of this award.

(b) Definition: Asbestos eradication is defined as work on or about building, involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.

(c) Control: refer to the relevant New South Wales Occupational Health and Safety Legislation."

(d) Rate of Pay: In addition to the rates prescribed in this award, an employee engaged in asbestos eradication (as defined) shall receive an amount as set out in Item 46 of Table 2 worked in lieu of special rates as prescribed in this clause, with the exception of subclauses (iii), (v) and (xvii), of this clause.

(e) 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.

12. SPECIAL RATES (SHIP'S PLUMBING)

(i) Employees required to work in ballast tanks, oil tanks and side tanks shall be paid an amount as set out in Item 47 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, whilst so engaged.

(ii) Employees required to work in ship's bilges, or under engine room or boiler room flooring shall be paid an amount as set out in Item 48 of the said Table 2 whilst so engaged.

(iii) Employees required to work in and around diesel engines shall be paid at the rate as set out in Item 49 of Table 2 whilst so engaged:

(iv) Employees required to work in a confined space shall be paid an amount as set out in Item 50 of Table 2 whilst so engaged. Confined space means a compartment, space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation and subject thereto includes such a space inside complete tanks, chain lockers and peaks, in bilges, under engine beds, under engine room and stokehold floors or under or inside boilers.

(v) Plumbers required to work in a submarine which has been in commission shall

(1) If required to work inside the hull, including the fin and external casings, but excepting the compartments referred to in paragraph (2) of this subclause, shall be paid an amount as set out in Item 51 of Table 2.

(2) If required to work in any of the following compartments, be paid an amount as set out in Item 52 of Table 2:

(a) Torpedo tube compartments.

(b) Ballast tanks.

(c) Oil tanks.

(d) Below the main floor plates in main machinery, auxiliary machinery, asdic and battery compartments.

(vi) A plumber who is required to work in a pipe laundry, shall be paid an allowance as set out in Item 53 of Table 2, in consideration of disabilities incurred within the pipe laundry. Such allowance shall be in lieu of all special rates paid within the pipe laundry.

(vii) Where more than one of the above rates or one of the rates prescribed in clause 11, Special Rates, provide payment for disabilities of substantially the same nature, then only the highest of such rates shall be payable.

(viii) The rates prescribed in this clause shall not form part of the ordinary rates of payment for the purpose of calculation of overtime.

13. MUTLI STOREY ALLOWANCE

(i) Eligibility - A multi storey allowance shall be paid to all employees on site engaged in the construction of a multi storey building as defined herein, to compensate for the disabilities experienced in, and which are peculiar to the construction of a multi storey building.

(ii) Definition of Multi storey Building - For the purposes of this award, a multi storey building is a building which will, when complete, consist of five or more storey levels.

For the purposes of this clause, a 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).

(iii) Rates: Except as provided for in subclause (iv) of this clause, an allowance in accordance with the following table 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 when one of the following components of the building-structural steel, reinforcing steel boxing or walls-rises above the floor level first designated in each such allowance scale:

"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 the table of payment.

From commencement of building to fifteenth floor level - An amount as set out in Item 54 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

From sixteenth floor level to thirtieth floor level - An amount as set out in the said Item 54.

From thirty first floor level to forty fifth floor level - An amount as set out in the said Item 54.

From forty sixth floor level to sixtieth floor level - An amount as set out in the said Item 54.

From sixty first floor level onwards - An amount as set out in the said Item 54.

(iv) Service Cores

(a) All employees employed on a service core at more than 15 metres above the highest point of the main structure shall be paid the multi storey rate appropriate for the main structure plus the allowance prescribed in subclause (xxv), of clause 11, Special Rates, calculated from the highest point reached by the main structure to the highest point reached by the service core in any one day period (i.e., for this purpose the highest point of the main structure shall be regarded as though it were the ground in calculating the appropriate towers allowance). Employees employed on a service core no higher than 15 metres above the main structure shall be paid in accordance with the multi storey allowance prescribed herein.

(b) Provided that any section of a service core exceeding 15 metres above the highest point of the main structure shall be disregarded for the purpose of calculating the multi storey allowance applicable to the main structure.

(v) Completion Point of Allowance: Payment of the allowance shall cease when the walls are completed and the employees are working under cover and the lifts or passenger/material hoists are available to employees: Provided that the exclusion of odd wall panels, sections or windows for the purposes of entrance or exit of materials or the anchoring of cranes, external lifting devices or scaffolding shall not prevent the walls of a building being defined as completed.

14. COMPENSATION FOR TRAVEL PATTERNS AND MOBILITY REQUIREMENTS OF EMPLOYEES AND THE NATURE OF EMPLOYMENT IN THE CONSTRUCTION WORK COVERED BY THIS AWARD

(1) The following fares allowance and travelling allowance and conditions shall apply to employees employed under the terms and conditions of the award for travel patterns and costs peculiar to the industry which include mobility requirements on employees and the nature of employment on construction work.

(a) When employed on work located within the Counties of Cumberland, Northumberland or Camden an amount set out in Item 55 of Table 2 C Other Rates and Allowances, of Part B - Monetary Rates.

(b) When employed on a distant job as defined in clause 16, Living Away from Home-Distant Work, the foregoing allowance shall be paid for work performed within a radius of 50 kilometres from the place where, with employer's approval, the employee is accommodated for the distant job.

(c) An employer whose business or branch (other than a construction site) is established in the cities of Penrith, Newcastle or Campbelltown for the purpose of engaging in construction work therefrom, shall pay an amount set out in the said Item 55 per day to employees engaged on work located within a radius of 50 kilometres from the principal post office in such city.

(d) An employer whose business or branch or section thereof is established in any place (other than on a construction site) outside the areas mentioned in paragraphs (a), (b) and (c) of this subclause for the purpose of engaging in construction work therefrom, shall in respect of employees engaged for work for that establishment pay the allowance as set out in paragraph (a) of this subclause, for work located within a radius of 50 kilometres from the post office nearest to that establishment. Where the employer has an establishment in more than one such place, the establishment nearest the employee's residence shall be the establishment that shall be taken into account.

(e) The above-stated allowance 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 is temporarily living.

(f) Subject to the foregoing provisions a fare shall be deemed to have been incurred if the employee has used a bicycle or other means of locomotion or has walked instead of using a public transport.

(g) As required by the employer, employees shall start and cease work on the job at the usual commencing and finishing times within which ordinary hours may be worked and shall transfer from site to site as directed by the employer.

(h) An employee transferred from one site to another during ordinary working hours shall be paid for the time occupied in travelling and, unless transported by the employer, shall be paid reasonable cost of fares by convenient public transport between such sites: Provided that where an employer requests an employee to use his own car to effect such a transfer and such employee agrees to do so the employee shall be paid an amount as set out in Item 56 of the said Table 2.

(i) Where an employee travels daily to a job located outside the Counties of Cumberland, Northumberland or Camden, or any of the 50 kilometre radial areas mentioned in paragraphs (b), (c) or (d) of this subclause, he/she shall be paid:

(a) the allowance prescribed in paragraphs (a), (b), (c) or (d) of this subclause;

(b) in respect of travel from the designated County boundary or radius to the job and return to the boundary or radius -

(i) the time outside ordinary working hours reasonably spent in such travel calculated at ordinary hourly "on site" rates to the next quarter of an hour with a minimum payment of one-half an hour per day for each return journey;

(ii) any expenses necessarily and reasonably incurred in such travel, which shall be an amount per kilometre as set out in Item 57 of Table 2 where the employee uses their own vehicle.

Residing Outside Radial Areas - An employee on such a job whose residence is outside the radial areas or Counties prescribed therein shall be entitled to the provision of subparagraph (a) of this paragraph, but not this subparagraph.

(j) The provisions of section (i) of subparagraph (b) of paragraph (j) of this subclause shall also apply to an employee who is required by the employer to travel daily from one of the areas mentioned in paragraphs (a) and (c) of this subclause to an area, or another area, mentioned in subclause (1) (a) and (b).

(k) The provisions of this section shall not apply to an employee when required to work at his/her regular place of employment at a plumbing and/or gasfitting shop: Provided, however, that such employee when required to commence work away from his/her regular place of employment shall be entitled to the provisions of this clause.

(l) When in any centre outside the Counties of Cumberland, Northumberland or Camden an employee is required to regularly commence work at a regular place at a plumbing and/or gasfitting shop, the allowance provided in paragraph (a) of this subclause shall not be payable. Provided, however, that if such employee is transported to another location by his/her employer and travel is undertaken before or after the usual working hours then such travel shall be paid for at ordinary rates.

(m) The travelling allowances prescribed in this clause shall not be taken into account in calculating overtime, penalty rates, annual or sick leave, but shall be payable for any day upon which the employee in accordance with the employer's requirements works or reports for work or allocation of work.

(2) Continuation of Practice - The provisions of this clause shall continue to apply to employees working at any workshop, yard or depot (either presently or future existing) in the same manner as applied prior to 31 August 1979.

15. COMPENSATION FOR TRAVEL PATTERNS AND MOBILITY REQUIREMENTS OF APPRENTICES

(i) The following allowance and travelling allowance and conditions shall apply to apprentices employed under the terms and conditions of this award for travel patterns and costs peculiar to the industry which include mobility requirements of apprentices and the nature of employment on construction work:

When employed on work located within the Counties of Cumberland, Northumberland or Camden an amount as set out in Item 58 of Table 2 - Other Rates and Allowances, of Part B – Monetary Rates.

(ii) An employer whose business or branch (other than a construction site) is established in the cities of Penrith, Newcastle or Campbelltown for the purpose of engaging in construction work therefrom, shall pay an amount as set out in Item 59 of the said Table 2.

(iii) Other conditions of employment for apprentices with respect to the above allowances shall be those provided for journeyperson under clause 14, Compensation for Travel Patterns and Mobility Requirements of Employees and the Nature of Employment in the Construction Work covered by this Award.

16. LIVING AWAY FROM HOME C DISTANT WORK

Qualification - An employee shall be entitled to the provisions of this clause when employed on a job or construction work at such a distance from his/her usual place of residence that he/she cannot reasonably return to that place each night.

(i) Employee's Address -

(a) The employer shall obtain, and the applicant shall provide the employer with, a statement in writing of his usual place of residence at the time the employee is engaged and no subsequent change of address shall entitle an employee to the provisions of this clause unless the employer agrees.

(b) The employee shall inform his/her employer in writing of any subsequent change in his usual place of residence.

(c) The address of the employee's usual place of residence and not the place of engagement shall determine the application of this clause.

(ii) Entitlement - Where an employee qualifies under the qualification paragraph above, the employer shall either -

(a) provide the worker with reasonable board and lodging; or

(b) pay an allowance per week of seven days as set out in Item 60 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, but such allowance shall not be wages. In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job the allowance shall be paid as set out in the said Item 60, provided that the foregoing allowance shall be increased if the employee satisfies the employer that he reasonably incurred a greater outlay than that prescribed. In the event of disagreement the matter may be referred to a Commissioner for determination; or

(c) in circumstances prescribed in subclause (vi), of this clause, provide camp accommodation and messing constructed and maintained in accordance with subclause (ix), of this clause.

"Reasonable board and lodging" shall mean lodging in a well-kept establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating and with hot and cold running water, in either a single room or a twin room if a single room is not available.

(iii) Travelling Expenses - An employee who is sent by his/her employer or selected or engaged by an employer or agent to go to a job which qualifies him/her to the provision of this clause, shall not be entitled to any of the allowances prescribed by clause 14, for the period occupied in travelling from his/her usual place of residence to the distant job, but in lieu thereof shall be paid -

(a) Forward Journey -

(i) For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities).

(ii) For the amount of a fare on the most common method of public transport to the job (bus; economy air, second class rail with sleeping berths if necessary, which may require a first class rail fare), and any excess payment due to transporting his tools if such is incurred.

(iii) For any meals incurred while travelling an amount per meal as set out in Item 61 of Table 2.

Provided that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues his/her employment within two weeks of commencing on the job and who does not forthwith return to his/her place of engagement.

(b) Return Journey - An employee shall, for the return journey, receive the same time, fares and meal payments as provided in paragraph (a) of subclause (iii), of this clause, together with an amount as set out in Item 62 of the said Table 2 to cover the cost of transporting himself/herself and his tools from the main transport terminal to his/her usual place of residence.

Provided that the above return journey payments shall not be paid if the employee terminates or discontinues his/her employment within two months of commencing on the job, or if he/she is dismissed for incompetence within one working week of commencing on the job, or is dismissed for misconduct.

(c) Departure Point - For the purposes of this clause, travelling time shall be calculated as the time taken for the journey from the Central or Regional rail, bus or air terminal nearest the employee's usual place of residence to the locality of the work.

(iv) Daily Fares Allowance - An employee engaged on a job which qualifies him/her to the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) shall be paid the allowance prescribed by clause 14.

(v) Weekend Return Home -

(a) An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or his/her representative, no later than Tuesday of each week, and who intends to return to his/her usual place of residence at the weekend, and who returns to his/her usual place of residence for the weekend, shall be paid an allowance as set out in Item 63 of Table 2 for each occasion.

(b) Paragraph (a) of this subclause shall not apply to an employee who is receiving the payment prescribed in subclause (ii), of this clause, in lieu of board and lodging being provided by the employer or who is receiving a camping allowance as prescribed in paragraph (b) of subclause (vi), of this clause.

(c) When an employee returns to his/her usual place of residence for a weekend or part of a weekend and does not absent himself/herself from the job for any of the ordinary working hours, no reduction of the allowances prescribed in paragraph (b) of subclause (ii) of this clause, shall be made.

(vi) Construction Camps -

(a) Camp Accommodation - Where an employee is engaged on the construction of projects which are located in areas where suitable board and lodging as defined in subclause (ii) of this clause, is not available, or where the size of the work force is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp, such camp shall be constructed and maintained in accordance with subclause (ix) of this clause.

(b) Camping Allowance C An employee living in a construction camp where free messing is not provided shall receive a camping allowance of as set out in Item 64 of Table 2 for every complete week he/she is available for work. If required to be in camp for less than a complete week he/she shall be paid an amount as set out in the said Item 64 per day including any Saturday or Sunday if he/she is in camp and available for work on the working days immediately preceding and succeeding each Saturday and Sunday. If an employee is absent without the employer's approval on any day, the allowance shall not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance shall not be payable for the Saturday and Sunday.

(c) Camp Meal Charges - Where a charge is made for meals in a construction camp, such charge shall be fixed by agreement between the parties.

(vii) Rest and Recreation -

(a) Rail or Road Travel - An employee who proceeds to a job which qualifies him/her to the provisions of this clause may, after two months' continuous service thereon and thereafter at three monthly periods of continuous service thereon, return to his/her usual place of residence at the weekend. If he/she does so, he/she shall be paid the amount of a bus or second class return railway fare to the bus or railway station nearest his/her usual place of residence on the pay day which immediately follows the date on which he/she returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend:

Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further 28 days after the expiration of any such period of two or three months as herein before mentioned, then the provisions of this subclause shall not be applicable.

(b) Limitation of Entitlement - Where an employee is entitled to paragraph (a) of this subclause such entitlement shall be established by agreement as soon as practicable after commencing on distant work. The entitlement shall be availed of as soon as reasonably practical after it becomes due and shall lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice shall lie with the employer).

(c) Service Requirements - For the purpose of this subclause, service shall be deemed to be continuous notwithstanding an employee's absence from work as prescribed in this clause or as prescribed in clause 34, Annual Holidays, continuous service provisions of this award.

(d) Variable Return Home - In special circumstances, and by agreement with employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual entitlements.

(e) Non-Payment in Lieu - Payment of fares and leave with pay as provided for in this subclause shall not be made unless availed of by the employee.

(viii) Termination - An employee shall be entitled to notice of termination in sufficient time to arrange suitable transport at termination or shall be paid as if employed up to the end of the ordinary working day before transport is available.

(ix) Construction Camp Standards -

(a) Construction camps, as referred to in subclause (iv) of this clause, Living Away From Home - Distant Work, shall comply with the following standards:

(i) The camp shall provide for accommodation in single rooms, of dimensions not less than 14 cubic metres per person and shall have a timber, aluminium or similar floor with floor covering provided. Each room shall be furnished with reasonable sleeping accommodation including a mattress, pillow and blankets together with a table or reasonable substitute therefore, a seat and a wardrobe for each person.

(ii) Each room shall be fitted with a door and moveable window of reasonable dimensions fitted with a gauze screen. Each room shall be ceiled and lined. Good artificial lighting shall be provided in each room.

(iii) Except where corridor type barracks are provided, a verandah shall be constructed in front of each room. Where reasonably required, provisions shall be made for the heating of rooms or cooling by fan.

(iv) Provisions shall be made in the camp for reasonable washing facilities including hot and cold showers. Reasonable provisions shall be made for the washing of clothes. Toilets shall be adequate and sewered where possible, situated within reasonable distance from the living quarters, access to which shall be by properly lighted paths.

Provisions shall be made for the effluent from the kitchen, laundry and showers to be carried away in closed pipes and dispersed in such a way as to avoid any risk to health. In any such camp messing shall be made available by the employer with provisions of a choice of meals.

(b) Where construction camp accommodation is not provided and the employer provides caravan accommodation the employer and the unions (where applicable) shall confer as to reasonable standards for such accommodation. In the absence of agreement being reached the matter shall be referred to the Industrial Relations Commission.

17. DISTANT WORK - APPRENTICES

(i) For the purpose of this clause, distant work is that in respect of which the distance or the travelling facilities to and from such place of work make it reasonably necessary that the apprentice should live and sleep at some place other than his/her usual place of residence at the time of commencing such work: Provided that if the apprentice whilst employed on distant work changes his usual place of residence such new place of resident or any further change thereof (if made whilst employed on distant work) shall be the usual place of residence for determining whether the work is distant work within the meaning of this clause.

(ii) An apprentice engaged on distant work shall be conveyed, with tools, to and fro at his/her employer's expense. Such conveyance shall be made once only unless the apprentice is recalled and sent again to the place of work when it shall be made each time that this happens: Provided that return fares and travelling time need not be paid to an apprentice who:

(a) leaves his employment of his/her own free will; or
(b) is discharged for misconduct;

before the completion of the job or before being three months in such employment, whichever first happens, or is discharged for incompetence within one week of engagement.

(iii) Time occupied in travelling to and from distant work shall be paid for at ordinary rates, provided that no apprentice shall be paid more than an ordinary day's wages for any day spent in travelling unless he/she is on the same day occupied in working for his/her employer. He/she shall also be paid an amount as set out in Item 65 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, to cover expenses, if any, of reaching his/her home and of transporting his/her tools.

(iv) On distant work the employer shall provide reasonable board and lodging or pay an allowance per week of seven days as set out in Item 66 of Table 2, but such allowance shall not be wages. In the case of broken parts of a week occurring at the beginning or end of a period of distant work the allowance shall be all living expenses actually and reasonably incurred but not exceeding the amount as set out in the said Item 66.

(v) The provisions of this clause shall apply wherever the apprentice is engaged.

(vi) On all jobs carried out as distant jobs, where lost time has occurred, overtime at ordinary rates may, by agreement, be worked so as to make up the time to equal 38 hours per week and by agreement apprentices may work at ordinary rates on holidays other than Christmas Day, Good Friday and Sunday.

(vii) Where an apprentice is engaged upon distant jobs and is required to reside elsewhere than on the site of the job he shall be paid the fares allowance prescribed by clause 15, Compensation for Travel Patterns and Mobility Requirements of Apprentices.

(viii) An apprentice on distant work may, after three months' continuous service and thereafter at three-monthly intervals, return to his/her home at a weekend and shall be paid the fares reasonably incurred in so travelling to his home and to the place of work: Provided however, that if the work upon which the apprentice is engaged will be completed within 28 days after the expiration of any such period of three months as hereinbefore mentioned then the provisions of this subclause shall not be applicable.

(ix) The employer shall obtain and the apprentice shall provide the employer with a statement in writing of his/her usual place of residence.

The apprentice shall inform his/her employer, in writing, of any subsequent change in his place of residence.

18. SHIP’S PLUMBING OUTWORK

In lieu of the foregoing clauses 14, Compensation for Travel Patterns and Mobility Requirements of Employees and the Nature of Employment in the Construction Work covered by this Award, and 16, Living Away from Home - Distant Work, the following provisions shall apply to ship's plumbers.

(i) All employees required to travel to a job during working hours shall be paid for such working hours at ordinary rates, also for such ordinary working hours as they may be kept waiting after arrival.

(ii) All employees required to travel during hours outside ordinary working hours shall be paid the ordinary rates for the actual time so travelled; provided that all time spent in travelling on Sundays and holidays shall be paid for at time and a half ordinary rates and that the maximum number of such hours on each outward or homeward journey to be paid for shall be 12 hours.

(iii) On distant work, the employer shall provide reasonable board and lodging or pay an allowance per week of seven days as set out in Item 67 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, but such allowance shall not be wages. In the case of broken parts of a week occurring at the beginning or end of a period of distant work, the allowance shall be all living expenses actually and reasonably incurred but not exceeding an amount as set out in the said Item 67.

(iv) Employees travelling by boat either interstate or intrastate shall be allowed first-class fare and accommodation.

(v) When travelling by train, first-class accommodation shall be provided and if travelling all night, sleeping berths shall also be provided where available on the day of travel. In addition employees shall be reimbursed the cost of any meals reasonably incurred whilst travelling.

(vi) (a) An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or his/her representative no later than the Tuesday of each week of his intention to return home at the weekend and who returns home for the weekend, shall be paid an allowance as set out in Item 67 for each occasion.

(b) This subclause shall not apply to an employee who is receiving the amount per week as set out in Item 68 of Table 2 in lieu of board and lodging being provided by his/her employer.

(c) An employee shall be deemed to have returned home at the weekend only if this involves him /her in being absent from his/her accommodation for not less than half the hours between ceasing work in the one week and commencing work in the next week.

19. SHIP’S PLUMBING OUTWORK – APPRENTICES

(i) On distant work the employer shall provide reasonable board and lodging or pay an allowance per week of seven days as set out in Item 69 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, but such allowance shall not be wages. In the case of broken parts of a week occurring at the beginning or end of a period of distant work the allowance shall be living expenses actually and reasonably incurred but not exceeding the amount set out in the said Item 69.

(ii) (a) An apprentice who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or his/her representative no later than the Tuesday of each week of his/her intention to return home at the weekend and who returns home for the weekend, shall be paid an allowance as set out in Item 70 of the said Table 2 for each occasion.

(b) This subclause shall not apply to an apprentice who is receiving the amount per week as set out in Item 69 in lieu of board and lodging being provided by his/her employer.

(iii) Other conditions of employment for apprentices with respect to the above allowances shall be those provided for journeyperson as set out in clause 18, Ship's Plumbing Outwork.

20. OVERTIME

(i) Except as provided in clauses 5, Night Shift, 16, Living Away from Home - Distant Work, 22. Saturday and Sunday, and 23, Public Holidays, all time worked outside the ordinary working hours, as defined in clause 4, Hours, shall be paid at the rate of time and a half for the first two hours and double time thereafter.

(ii) An employee who is required to work overtime for at least one and one-half hours after the usual ceasing time shall be paid the sum as set out in Item 71 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as the cost of a meal.

(iii) (a) An employee working overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of overtime worked, if the employee continues work after such crib time: Provided that where a day worker on a five-day week is required to work overtime on a Saturday the first prescribed crib time shall, if occurring between 10 am and 1 pm be paid at ordinary rates.

(b) Unless the period of overtime is less than one and a half hours an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand: provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

(iv) For work done during the agreed meal break, and thereafter until a meal break is allowed, time and a half rates shall be paid. An employee shall not be compelled to work for more than six hours without a meal break.

(v) When an employee works overtime and finishes work at a time when reasonable means of transport are not available the employer shall provide him/her with transport home or pay him/her his/her current wage for the time reasonably occupied in reaching his home.

(vi) (a) Rest Period After Overtime: When overtime is necessary it shall, wherever reasonable practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

(b) An employee who works so much overtime -

(i) Between the termination of his/her ordinary working day or shift, and the commencement of his/her ordinary work in the next day or shift that he/she has not had at least ten consecutive hours off duty between these times.

(ii) Or on Saturdays, Sundays and holidays, not being ordinary working days or on rostered day off, without having had ten consecutive hours off duty in the 24 hours preceding his/her ordinary commencing time on his/her next ordinary day or shift, shall, subject to this subclause be released after completion of such overtime until he has had the hours off duty without loss of pay for ordinary working time occurring during such absence.

(iii) An employee who has worked continuously (except for meal and crib times allowed by this award) for 20 hours shall not be required to continue at or recommence work for at least 12 hours.

(c) If on the instructions of his/her employer such an employee resumes or continues his/her work without having had ten consecutive hours off duty he shall be paid at double rates until he/she is released from duty for such a period, and he/she shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(vii) (a) Call Back: 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 three hours' work at the appropriate rate for each time he /she is so recalled:

provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three hours if the job he/she was recalled to perform is completed within a shorter period. This subclause shall not apply in cases where it is customary for an employee to return to his/her employer's premises to perform a specific job outside his ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

(b) Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause (vi) of this clause, where the actual time worked is less than three hours on such recall or on each of such recalls.

(c) Should the employee be required to work in excess of four hours he/she shall be paid a meal allowance as set out in the said Item 71 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.

(viii) The assignment of overtime by an employer to an employee shall be based on special work requirements and the practice of "one in, all in" overtime shall not apply.

21. OVERTIME - APPRENTICES

(i) No apprentice under the age of 18 years shall be required to work overtime unless he/she so desires.

(ii) No apprentice shall, except in an emergency, work or be required to work overtime or shift work at times which would prevent his/her attendance at technical school or registered training organisation as required by any statute, award or regulation imposed upon him/her.

(iii) An apprentice shall not work overtime except under the direction of a tradesperson.

(iv) Except as provided in clauses 17, Distant Work - Apprentices, 22, Saturday and Sunday, and 23, Public Holidays, all time worked outside the ordinary working hours as defined in clause 4, Hours, shall be paid for at the rate of time and one-half for the first three hours and double time thereafter.

(v) An apprentice who is required to work overtime in excess of one and one-half hours after the usual ceasing time shall be paid the sum as set out in Item 72 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as the cost of a meal.

(vi) Rest Period after Overtime - When overtime is necessary it shall, wherever reasonably practicable, be so arranged that apprentices have at least ten consecutive hours off duty between the work of successive days.

An apprentice who works so much overtime between the termination of his/her ordinary work on one day and commencement of his/her ordinary work on the next day that he has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

If, on the instruction of his/her employer, such an apprentice resumes or continues work without having had such ten consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(vii) Other conditions of employment for apprentices shall be those provided for journeyperson as set out in clause 20, Overtime.

22. SATURDAY AND SUNDAY

(i) Time worked on Saturday shall be paid for at the rate of time and a half for the first two hours and double time thereafter; in respect of apprentices at the rate of time and one half for the first three hours and double time thereafter: Provided that an employee who attends for work as required on Saturday shall be paid for not less than four hours' work: Provided further, that, all work performed after noon on Saturday shall be paid for at double time.

(ii) Employees required to work on Sundays shall be paid for at the rate of double time; provided that an employee required to work on any of these days should be paid for not less than four hours work.

(iii) An employee who works on a Sunday and (except for meal breaks) immediately thereafter continues such work shall on being relieved from duty be entitled to be absent until he/she has had ten consecutive hours off duty, without deduction of pay for ordinary time of duty occurring during such absence.

23. PUBLIC HOLIDAYS

(i) An employee shall be paid a day's ordinary wages for each gazetted public holiday proclaimed to operate throughout the State and which falls on one of the week days, Monday to Friday, inclusive; provided that:

The employee has worked as required by his employer the working day immediately before and the working day immediately after such a holiday or is absent with the permission of his employer or is absent with reasonable cause. Absence arising by termination of employment by the employee shall not be reasonable cause.

(ii) An employer who terminates the employment of an employee except for reasons of misconduct or incompetency (proof of which shall lie upon the employer) shall pay the employee a day's ordinary wages for each public holiday as prescribed in subclause (i) of this clause or each public holiday in a group as prescribed in subclause (iii) of this clause, which falls within ten consecutive days after the day of termination.

(iii) Where any two or more of the holidays prescribed in this award occur within a seven day span, such holidays shall for the purpose of this award be in a group of holidays. If the first day of the group of public holidays falls within ten consecutive days after termination, the whole group shall be deemed to fall within the ten days. Christmas Day, Boxing Day and New Year's Day shall be regarded as a group.

(iv) No employee shall be entitled to receive payment from more than one employer in respect to the same public holiday or group of holidays.

(a) All time worked on New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day or such other day as may be substituted therefore, together with all other gazetted holidays proclaimed to operate throughout the State shall be paid for at the rate of double time and a half, provided that an employee required to work on any of these days shall be paid for not less than four hours work.

(b) In addition to the holidays prescribed in paragraph (a) of this subclause, one additional public holiday shall apply to employees in the City of Newcastle. This public holiday shall be observed on the local Show Day as gazetted for the City of Newcastle, when that day, in the locality of the employer's premises, occurs on an employee's ordinary working day.

(vi) Where an employee covered by this award is employed in an industry where the general body of the employees are covered by an award or industrial agreement which prescribes a picnic day such employee shall be granted without loss of pay the picnic day so prescribed: Provided that where it is necessary for an employee to work on such a day he/she shall be paid at the overtime rates prescribed herein or shall be granted one day's leave with pay in lieu thereof.

(vii) An employee who works on 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 he/she has ten consecutive hours off duty, without deduction of pay for ordinary time of duty occurring during such absence.

24. PICNIC DAY

(i) The first Monday in December of each year shall be the Union picnic day.

(ii) All employees shall, as far as practicable, be given and shall take this day as picnic day and shall be paid therefor as for eight hours' work at the rates of pay prescribed by clause 6, Wages. Any employee required to work on such day shall be paid at the rate of double time and a half for all time worked and shall be paid for not less than four hours' work.

(iii) An employer may require from an employee evidence of his/her attendance at the picnic and the production of the butt of a picnic ticket, issued for the picnic, shall be sufficient evidence of such attendance. Where such evidence is requested by the employer payment need not be made unless the evidence is produced.

(iv) Where the employer holds or observes 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 the picnic in lieu of the picnic day herein fixed.

(v) The employee who has worked as required by his/her employer the working day immediately before and the working day immediately after such a picnic day or is absent with permission of his/her employer or is absent with reasonable cause shall be paid a day's ordinary wages for such picnic day.

(vi) An employer who terminates the employment of an employee prior to within ten consecutive days of picnic day, except for reasons of misconduct or incompetency (proof of which shall lie on the employer), shall pay the employee a day's ordinary wages.

(vii) This clause shall apply only to employees covered by clause 6, Wages, working within the counties of Cumberland, Camden and Northumberland and in such other areas where a picnic organized by the union is held.

(viii) This subclause shall apply to all apprentices not covered by subclauses (i) to (iv) of this clause:

Where an apprentice covered by this award is employed in an industry where the general body of the employees are covered by an award or industrial agreement which prescribed a picnic day such apprentice shall be granted the picnic day so prescribed; provided that where it is necessary for an apprentice to work on such day he/she shall be paid at the rate of double time for all time worked and shall be paid for not less than four hours' work, or shall be granted one day's leave with pay in lieu thereof.

(ix) The provisions of this clause shall not apply to any apprentice who is required to attend a technical college, school or registered training organisation for the purpose of receiving trade instructions and/or submitting himself/herself for any examination. In such case the employer and the apprentice mutually shall agree that the apprentice shall be allowed another working day off with pay in lieu of the picnic day. Where this is not practicable the apprentice shall be paid at the overtime rates prescribed herein.

25. PAYMENT OF WAGES

Payment of wages shall be in accordance with the Industrial Relations Act 1996."

26. TIME AND WAGES RECORDS

(i) Time, wages and superannuation records will be kept in accordance with the relevant legislation.

(ii) The employer shall record the location of the job if it is outside the radius specified in clause 14, Compensation for Travel Patterns, Mobility Requirements of Employees and the Nature of Employment in the Construction Work Covered by this Award.

27. NOTICE ON LEAVING AND DISMISSAL

An employee leaving his/her employment shall give his/her employer one hour's notice thereof. An employer discharging an employee shall give him/her one hour's notice to enable him/her to put his/her tools in order or shall pay one hour's pay in lieu thereof: Provided that nothing in this clause shall affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty.

28. TERMINATION OF EMPLOYMENT - TRAINEE APPRENTICES

Two weeks' notice of the termination of employment shall be given by either party.

29. EMPLOYEES PRESENTING THEMSELVES AND NOT ENGAGED

Except where reasonable notice is given to an employee by his/her employer or his/her responsible representative not to present himself/herself for work, if an employee attends work but his/her services are not required, such employee shall be paid two hours' pay in addition to fares payable under clause 14, Compensation for Travel Patterns and Mobility Requirements of Employees and the Nature of Employment in the Construction Work Covered by this Award. This clause shall not apply if the employees' services are not required by reason of wet weather.

30. REDUNDANCY

(a) Definition - "Redundancy" means a situation where an employee ceases to be employed by an employer respondent to this award, other than for reasons of misconduct or refusal of duty. "Redundant" has a corresponding meaning.

(b) Redundancy Pay - A redundant employee shall receive redundancy/severance payments, calculated as follows, in respect of all continuous service (as defined by this award) with his or her employer.

Provided that an employee employed for less than 12 months shall be entitled to redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee.

(c) "Week's pay" means the ordinary time rate of pay at the time of termination for the employee concerned.

(d) If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay, such redundancy pay entitlement shall be paid to the estate of the employee.

(e) (i) Any period of service as a casual shall not entitle an employee to accrue service in accordance with this clause for that period.

(ii) Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the employee completes an apprenticeship and remains in employment with that employer for a further 12 months.

(f) An employer bound by this award may utilise a fund to meet all or some of the liabilities created by this clause. Where an employer utilises such a fund:

(i) Payments made by a fund, designed to meet an employer's liabilities under this clause, to employees eligible for redundancy/severance pay shall be set off against the liability of the employer under this clause, and the employee shall receive the fund payment or the award benefit whichever is the greater but not both; or

(ii) Where a fund, which has been established pursuant to an agreement between unions and employers, does not make payments in accordance with this clause, contributions made by an employer on behalf of an employee to the fund shall, to the extent of those contributions, be set off against the liability of the employer under this clause, and payments to the employee shall be made in accordance with the rules of the fund or any agreement relating thereto and the employee shall be entitled to the fund benefit or the award benefit whichever is greater but not both.

(g) Employee leaving during notice An employee whose employment is to be terminated in accordance with this clause may terminate his or her employment during the period of notice and if this occurs, shall be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice: Provided that in such circumstances, the employee shall not be entitled to payment in lieu of notice.

(h) Transmission of business

(i) Where a business is, before or after the operative date of this award, transmitted from an employer (in this subclause called "the transmittor) to another employer (in this subclause called "the transmittee) and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

(1) the continuity of the employment shall be deemed not to have been broken by reason of such transmission; and

(2) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

(ii) In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

31. SICK LEAVE

(i) An employee who is absent from his/her work on account of personal illness or on account of injury by accident, other than that covered by workers' compensation, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

(a) He/she shall within 24 hours of the commencement of such absence inform the employer of his/her inability to attend for duty, and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

(b) He /she shall prove to the satisfaction of his/her employer (or in the event of dispute the Industrial Relations Commission of New South Wales or the Industrial Committee) that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

(c) An employee during his/her first year of employment with an employer shall be entitled to sick leave entitlement at the rate of six hours and forty minutes at the beginning of each calendar month of his employment:

Provided that an employee who has completed one year of continuous employment shall be credited with a further 80 hours' sick leave entitlement at the beginning of his/her second and each subsequent year, which, subject to subclause (v) of this clause, shall commence on the anniversary of engagement.

(ii) In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only, such employee, if in the year he/she has already been allowed paid sick leave on more than one occasion for one day only, shall not be entitled to payment for the day claimed unless he/she produces to the employer a certificate of a duly qualified medical practitioner that in his/her, the medical practitioner's opinion, the employee was unable to attend for duty on account of personal illness or injury: Provided that, an employer may agree to accept from the employee a statutory declaration, stating that the employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate. Nothing in this subclause shall limit the employer's rights under paragraph (b) of subclause (i) of this clause.

(iii) Sick leave with an employer shall accumulate from year to year so that any balance of the period specified in paragraph (c) of subclause (i) of this clause, which in any year has not been allowed to an employee by that employer as paid sick leave, may be claimed by the employee and subject to the conditions herein prescribed shall be allowed by that employer in a subsequent year, without diminution of the sick leave prescribed in respect of that year: Provided that sick leave which accumulates pursuant to this subclause, shall be available to the employee for a period of ten years but for no longer from the end of the year in which it accrues.

(iv) Any sick leave for which an employee may become eligible under this award by reason of service with one employer shall not be cumulative upon sick leave for which the employee may become eligible by reason of subsequent service with another employer.

(v) If an employee is terminated by his employer and is re engaged by the same employer within a period of six months then the employee's unclaimed balance of sick leave shall continue from the date of re engagement. In such case the employee's next year of service will commence after a total of 12 months has been served with that employer excluding the period of interruption in service from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment, as the case may be.

32. SICK LEAVE – APPRENTICES

(i) Each apprentice shall be allowed sick leave up to a maximum of two weeks for each year of apprenticeship. Such sick leave shall be cumulative for the period of apprenticeship; provided that in the event of a transfer to another employer credit shall not be given for any balance of sick leave not taken whilst in the service of the previous employer.

(ii) For absence due to sickness, of two days or less, the parent or guardian shall notify the employer by telephone and confirm the information by letter furnished on the day of resumption. Time lost for such absences shall not be paid for if the absence is not notified in the manner prescribed.

(iii) A medical certificate shall be furnished for absence in excess of two days.

33. BEREAVEMENT LEAVE

(i) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, on each occasion of the death of a person prescribed in subclause (iii) of this clause.

(ii) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death .

(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 38, Personal/Carer's Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

(iv) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of said clause 38. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

(vi) Bereavement entitlements for casual employees

(a) Subject to the evidentiary and notice requirements in 33(ii) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 38(1)(c)(ii) of clause 38, Personal Carer's Leave.

(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

34. ANNUAL HOLIDAYS

(i) Except as otherwise provided in this clause, every employee shall at the end of each year of his/her employment by an employer become entitled to an annual holiday on ordinary pay, such annual holiday shall be four weeks.

(ii) Where the employment of any employee by an employer is terminated at the end of a period of employment of less than one year, the employer shall forthwith pay to the employee, in addition to all other amounts due to him/her an amount equal to 1/12th of his/her ordinary pay for that period of employment.

(iii) Except as where otherwise provided in this clause, the provisions of section 2 to 4 (a) inclusive of the Annual Holidays Act 1944, shall be deemed to be included mutatis mutandis as part of this clause.

35. ANNUAL HOLIDAY LOADING

(i) Before an employee is given and takes his annual holiday or, where by agreement between the employer and employees the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay his/her employee a loading determined in accordance with this clause.

(Note: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance, see subclause (v) of this clause.)

(ii) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Annual Holidays Act 1944.

(iii) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled or, where such a holiday is given and taken in separate periods, then in relation to each such separate period.

(Note: ee subclause (v) of this clause as to holidays taken wholly or partly in advance.)

(iv) The loading is the amount payable for the period or the separate period, as the case may be stated in subclause (iii) of this clause at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the day labour classification immediately prior to the employee commencing his/her annual holiday together with the following award allowances where applicable, namely clause 7, Additional Wage Rates, leading hand allowances, tool allowance, industry allowance, special allowance, travelling allowance, and allowance for "follow the job", but shall not include any allowances, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award.

(v) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he would have become entitled under the Annual Holidays Act 1944, or this award to an annual holiday the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause, applying the award rates of wages payable on that day.

(vi) Where, in accordance with the Annual Holidays Act 1944, or clause 34, Annual Holidays, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned

(a) An employee who is entitled under the Annual Holidays Act 1944, and this award to an annual holiday and who is given and takes a holiday shall be paid the loading, calculated in accordance with subclause (iv) of this clause;

(b) An employee who is not entitled under the Annual Holidays Act 1944, or this award, to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him under this award such proportion of the loading that would have been payable to him /her under this clause if he/she had become entitled to an annual holiday prior to the closedown as his/her qualifying period of employment in completed weeks bears to 52.

(vii) (a) When the employment of an employee is terminated by his/her employer, for a cause other than misconduct (proof of which shall lie upon the employer) and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled he/she shall be paid a loading calculated in accordance with subclause (v) of this clause for the period not taken.

(b) Where an employee is not entitled to an annual holiday and his/her employment is terminated by the employer for any reason other than misconduct (proof of which shall be upon the employer) or by the employee for any reason, the employee shall be paid in addition to the amount payable to him/her under the Annual Holidays Act 1944, or clause 34, Annual Holidays, an amount of 17.5 per cent of one twelfth of such earnings.

36. LONG SERVICE LEAVE

See Long Service Leave Act 1955, and Building and Construction Long Service Leave Payments Act 1986.

37. PARENTAL LEAVE

(1) Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

(2) An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

(a) the employee or employee's spouse is pregnant; or

(b) the employee is or has been immediately absent on parental leave.

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

(3) Right to request

(a) An employee entitled to parental leave may request the employer to allow the employee:
(i) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

(ii) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

(iii) to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

(b) The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

(c) Employee's request and the employer's decision to be in writing

The employee's request and the employer's decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

(d) Request to return to work part-time

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

(4) Communication during parental leave

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

(b) The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).

38. PERSONAL/CARER'S LEAVE

(1) Use of sick leave -

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 38(1)(c)(ii) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 31, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

(b) The employee shall, if required,

(1) establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

(2) establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

(c) The entitlement to use sick leave in accordance with this subclause is subject to:

(i) the employee being responsible for the care of the person concerned; and

(ii) the person concerned being:

(a) a spouse of the employee; or

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(f) a relative of the employee who is a member of the same household, wherefore the purposes of this subparagraph:

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.

(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

Where the parties are unable to reach agreement the disputes procedure at clause 52, Settlement of Disputes, should be followed.

(2) Unpaid Leave for Family Purpose -

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 38(1)(c)(ii) above who is ill or who requires care due to an unexpected emergency.

(3) Annual Leave -

(a) An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

(d) An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

(4) Time Off in Lieu of Payment for Overtime -

(a) For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of subclause (iv) of clause 20, Overtime, the following provisions shall apply.

(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

(e) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

(5) Make-up Time -

(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours take off.

(6) Rostered Days Off (RDO) -

(a) An employee may elect, with the consent of the employer, to take a RDO at any time.

(b) An employee may elect, with the consent of the employer, to take RDO's in part day amounts.

(c) An employee may elect, with the consent of the employer, to accrue some or all RDO's for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

(7) Personal Carers Entitlement for casual employees -

(1) Subject to the evidentiary and notice requirements in 38(1)(b) and 38(1)(d) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 38(1)(c)(ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

(2) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(3) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

39. TRADE UNION TRAINING LEAVE

(a) Subject to all qualifications in this clause, an employee appointed or elected as an accredited representative of the union (as defined) to which he/she belongs shall, upon application in writing to the employer, be granted up to five days leave with pay each calendar year non cumulative, to attend courses conducted or approved by the Australian Trade Union Training Authority.

(i) Such courses shall be designed and structured with the objective of promoting good industrial relations within the building and construction industry.

(ii) Consultation may take place between the parties and the Australian Trade Union Training Authority, where appropriate, in the furtherance of this objective.

(b) For the purpose of this clause an "accredited representative of the union" shall mean a job steward recognised by the employer in accordance with clause 50, Union Steward.

(c) The following scale shall apply:

(d) The application for leave shall be given to the employer at least six weeks in advance of the date of commencement of the course. The application for leave shall contain the following details:

(i) the name of the employee seeking the leave;

(ii) the period of time for which the leave is sought (including course dates and the daily commencing and finishing times); and

(iii) the title, general description, structure of the course to be attended and the location of where the course is to be conducted.

(e) The employer shall advise the union within seven clear working days (Monday to Friday) of receiving the application as to whether or not the application for leave has been approved.

(f) The time of taking leave shall be arranged so as to minimise any adverse effect on the employer's operations. The onus shall rest with the employer to demonstrate an inability to grant leave when an eligible employee is otherwise entitled.

(g) An employer shall not be liable for any additional expenses associated with an employee's attendance at a course other than the payment of ordinary time earnings for such absence. For the purpose of this clause ordinary time earnings shall be defined as the relevant award classification rate, including supplementary payments, shift work loadings where relevant plus overaward payments where applicable.

(h) Leave rights granted in accordance with this clause will not result in additional payment or alternative time off to the extent that the course attended coincided with an employee's day off in the 19 day month work cycle or with any concessional leave.

(i) Employees on request by their employer shall provide proof of their attendance at any course within seven days. If an employee fails to provide such proof, the employer may deduct any amount already paid for attendance from the next week's pay or from any other monies due to the employee.

(j) Where an employee is sick during a period when leave pursuant to this clause has been granted proof of attendance at the course is not required for that period and the employee shall receive payment, if entitled, under the provision of clause 31, Sick Leave.

(k) Leave of absence granted pursuant to this clause shall count as service for all purposes of this award.

(I) This clause shall not apply to respondent government authorities in New South Wales.

(m) Any dispute as to any aspect of the operation of this clause shall be resolved in accordance with the dispute settlement procedure of this award.

40. JURY SERVICE

An employee required to attend for jury service shall be entitled to have his/her pay made up by the employer to equal his/her ordinary pay as for eight hours per day plus fares whilst meeting this requirement. The employee shall give his/her employer proof of such attendance and the amount received in respect of such jury service.

41. CONVENIENCES

(i) The employer shall provide on each place of work sanitary conveniences in accordance with the requirements of the local health authority providing that such conveniences shall at least measure up to the following minimum standard:

(a) They shall be at least one metre wide and one and a half metres long and two metres high internal measurement and shall have a hinge door capable of being fastened both inside and on the outside.

(b) The walls and roof and door shall be of weatherproof material and shall be so constructed as to ensure privacy.

(c) Each convenience shall be provided with a suitable receptacle for, and adequate supply of deodorising or fly repellent material, blue oil or kerosene or phenol.

(d) A fly proof cover and seat shall be provided should sewerage not be accessible or connected to the toilet or conveniences.

(e) Provided that the ratio of such accommodation shall be one convenience to eight employees or part of eight employees.

(ii) The employer shall provide at the place of work a suitable and secure weather proof lock up solely for the purpose of storing employee's tools. Where such lock up is not provided and tools are stolen by reason of the employer's default he shall compensate the employee to the extent of his loss.

(iii) Provided further that if an employer notifies the secretary of The New South Wales Plumbers and Gasfitters Employees' Union, in writing in respect of any place of work that he will assume the responsibility for making good the loss of tools of his employees or any of them, the provisions of subclause (ii) of this clause shall not apply to such employer in respect of such place of work, but the employer shall make good any and all such loss of the employees.

(iv) Where there is a total of 15 employees of all trades, whether under this award or otherwise, employed at the one time and the job has been or will be of two months' duration or longer the employer shall provide at the place of work solely for the use of the employees weatherproof accommodation for dressing; the area of such accommodation shall be not less than three square metres to each employee.

(v) At the permanent places of work the employer shall provide solely for the use of the employees weather and dust proof accommodation for dressing and lockers securely fixed with suitable locks.

42. PROVISION FOR BOILING AND DRINKING WATER

(i) At meal times and rest periods the employer shall provide boiling water that is reasonably accessible.

(ii) Cool drinking water shall be provided by the employer in a reasonably accessible place.

43. FIRST-AID

(i) The employer shall as soon as is reasonably possible supply means, free of charge, to convey to the nearest hospital or doctor at which or by whom, the employee is to be treated, any employee so seriously injured that it is not reasonably possible for such employee to travel independently of such conveyance.

(ii) Where an employee covered by this award is appointed by the employer as a qualified first-aid person he/she shall be paid an additional rate as set out in Item 73 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

44. SPECIAL CONDITIONS

(i) Apprentices -

(a) When an apprentice is called upon to do work in connection with new buildings, tool sheds or tool boxes, adequate sanitary conveniences and hot water for meals shall be provided by the employer unless the same shall have been provided for and made available to the apprentice by the building contractor by arrangement with the employer.

(b) TAFE fees - The fees due by an apprentice for attending the plumbing trade course shall be paid by the employer at the time such fees become due.

45. OCCUPATIONAL HEALTH AND SAFETY

(i) Employers and Employees have obligations regarding safety under the Occupational Health and Safety Legislation as amended from time to time."

46. PROTECTIVE CLOTHING

The employer shall supply to employees rubber gloves when working on any sewage or drainage work, and protective clothing when engaged on electric welding.

47. DAMAGE TO CLOTHING AND TOOLS

An employee whose clothing or tools are damaged or destroyed by fire or spoiled by acids or sulphur or other deleterious substances due to the circumstances of his/her employment shall be recompensed by his/her employer to the extent of his/her loss.

48. INSURANCE OF TOOLS AND CLOTHING

(a) An employee whose clothes, spectacles, hearing aids or tools have been accidentally spoilt by acid, sulphur or other deleterious substances, shall be paid such amount to cover the loss thereby suffered by him as may be agreed between him/her and his/her employer or, in default of agreement, as may be fixed by the Industrial Committee.

(b) (i) An employee shall be reimbursed by his employer amount as set out in Item 74 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for loss of tools or clothes by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or in a lock-up, or if the tools are lost or stolen while being transported by the employee at the employer's direction, or if the tools are lost over water or if the tools are lost or stolen during an employee's absence after leaving the job because of injury or illness.

(ii) Where an employee is absent from work because of illness or accident and had advised the employer in accordance with clause 31, Sick Leave, the employer shall ensure that the employee's tools are securely stored during his absence.

(c) When an employer requires an employee to wear spectacles with toughened glass lenses the employer will pay the cost of the toughening process.

(d) Provided that for the purpose of this clause:

(i) only tools used by the employee in the course of his/her employment shall be covered by this clause;

(ii) the employee shall, if requested to do so, furnish the employer with a list of tools used;

(iii) reimbursement shall be at the current replacement value of new tools of the same or comparable quality;

(iv) the employee shall report any theft to the police prior to making a claim on the employer for replacement of stolen tools outside the ordinary working hours while the tools are stored at the employer's discretion on the job.

49. TOOLS OF TRADE

The following tools shall be provided by the employer: metal pots, mandrills, long dummies, stock and dies for iron, copper and brass pipes, cutters, tongs, vices, taps and drills, ratchets, files, clamps, caulking tools, hacksaw and blades, welding and brazing outfits, goggles where necessary and liquid petroleum gas equipment where necessary, and all shop tools, the usual kit bag of tools only to be supplied by the employee.

50. RIGHT OF ENTRY

See section 298 of the Industrial Relations Act 1996.

51. UNION STEWARD

(a) An employee appointed as a job steward upon notification by the union to the employer be recognised as the accredited representative of the union to which he/she belongs and he/she shall be allowed all necessary time during working hours to submit to the employer matters affecting the employees he/she represents and further shall be allowed reasonable time during working hours to attend to job matters affecting his/her union. A job steward shall notify the principal contractor's representative and his/her union prior to the calling of any stop work meeting.

(b) Prior to dismissal or transfer two days' notice shall be given to any shop steward and his/her appropriate union. Payment in lieu of notice shall not be given. In the event of the union disputing the decision of management to transfer or terminate the services of the job steward he/she shall remain on the job during which time the Industrial Relations Commission of New South Wales shall deal with the matter.

52. SETTLEMENT OF DISPUTES

(1) Where an employee or the job steward has submitted a request concerning any matter directly connected with employment to a foreman or a more senior representative of management and that request has been refused, the employee may, if he/she so desires, ask the job steward to submit the matter to management and the matter shall then be submitted by the job steward to the appropriate executive of the employer concerned.

(2) If not settled at this stage, the matter shall be formally submitted by the State secretary of the union to the employer.

(3) If not settled at this stage, the matter shall then be discussed between such representatives of the union as the union may desire and the employer, who may be accompanied by or represented by such officers or representatives of an association of employers as the employer may desire, including, where agreed, processing the dispute through locally organised boards or committees set up by the parties for this purpose.

(4) If the matter is still not settled, it shall be submitted to the Industrial Relations Commission of New South Wales.

(5) Where the above procedure are being followed, work shall continue normally. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause.

(6) Notwithstanding anything contained in the previous five subclauses, the respondents shall be free to exercise their rights if the dispute is not finalised within seven days of notification.

(7) This clause shall not apply to any dispute as to a bonafide safety issue.

(8) In connection with any dispute concerning a job steward this clause shall be subject to the provisions of subclause (b) of clause 50, Union Steward.

53. PROHIBITION OF BANS, LIMITATIONS AND RESTRICTIONS

(a) An employee shall perform such work as may be lawfully required by the employer provided that such work is consistent with:

(i) The classification in which the employee is usually employed; and

(ii) The relevant State laws relating to occupational health and safety.

(b) An employee who refuses or fails to perform such work shall not be entitled to payment of any wages or allowances for the period of non performance of such work.

(c) Where an employee acts in accordance with any bans, limitations or restrictions on the performance of normal work or engages in strike action for all or any part of a day such employee shall be suspended and work shall be deemed to be non performance.

54. ANTI-DISCRIMINATION

(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, age and responsibilities as a carer.

(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.

(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.

(4) 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.

(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.

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 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."

55. EXHIBITION OF AWARD

A copy of this award (with all variations included) will be kept by the employer in a prominent place on the employer's premises where it is readily accessible to employees.

56. LEAVE RESERVED

The parties rights are reserved in respect of:

(1) Allowance re working with "Compo", etc.

(2) 35 hour week.

(3) Foreman classification.

(4) Demarcation, e.g., bricklayer (mixing own materials).

(5) Major projects.

57. PIECEWORK

(1) Piecework is prohibited.

(2) Engagement of plumbers to execute any plumbing and/or gasfitting, and/or drainage for profit or reward shall be paid at the rates and under the conditions prescribed by this award.

58. AWARD MODERNISATION

(a) The parties are committed to modernising the terms of the award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

(b) The parties commit themselves to the following principles as part of the structural efficiency process and have agreed to participate in a testing process in accordance with the provisions of this clause.

(i) Acceptance in principle that the new award skill level definitions will be more suitable for the needs of the industry, sometimes more broadly based in other matters more truly reflective of the different skill levels of the tasks now performed incorporating the ability for an employee to perform a wider range of duties where appropriate.

(ii) The parties will create a genuine career path for employees which allows advancement based on industry accreditation and access to training.

(iii) Co-operation in the transition from the old structure to the new structure in an orderly manner without creating false expectations or disputation.

(c) The parties agree that the working party will continue to meet the aim of modernising the award.

59. STRUCTURAL EFFICIENCY EXERCISE

(a) (i) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

(ii) Any direction issued by an employer shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

(b) The parties to this award are committed to co operating positively to increase the efficiency, productivity and international competitiveness of the building and construction industry and to enhance the career opportunities and job security of employees in the industry.

(c) Working parties have been established under federal awards for the testing and/or trailing of various skill levels and to enable proper consultation with both employees and employers in the industry on matters consistent with the objectives of subclause (b) of this clause.

The rights of all parties at a state level shall be reserved in relation to the decision of the federal working party.

(d) Measures raised for consideration consistent with subclause (c) of this clause shall be related to implementation of a new classification structure, any facilitative provisions contained in this award and matters concerning training.

(e) Without limiting the rights of either an employer or a union to arbitration, any other measures designed to increase flexibility on a site or within an enterprise sought by any party shall be notified to the relevant working party and by agreement of the parties involved shall be implemented subject to the following requirements:

The changes sought shall not affect provisions reflecting National Standards.

The working party will consider the implications of the proposed measures for existing on site arrangements.

The majority of employees affected by the change at the site or enterprise must genuinely agree to the change.

No employee shall lose income as a result of the change.

The relevant union or unions must be a party to the agreement.

Any agreement shall be subject, where appropriate, to approval by the Industrial Relations Commission of New South Wales and, if approved, shall operate as a schedule to this award and take precedence over any provision of this award to the extent of any inconsistency.

(f) Award restructuring shall be given its wider meaning, and award restructure should not be confined to the restructuring of classifications but may extend to the review of other restrictive provisions which currently operate. To that end, such restrictive provisions will be reviewed on an ongoing basis.

(g) The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(i) develop a more highly skilled workforce;

(ii) providing employees with career opportunities through appropriate training, and acquire additional skills; and

(iii) removing barriers to the utilization of skills acquired.

(h) Any disputes arising in relation to the implementation of this clause shall be subject to the provisions of clause 51, Settlement of Disputes.

60. AREA, INCIDENCE AND DURATION

This award rescinds and replaces the Plumbers and Gasfitters (State) Award published 12 September 1997 (300 I.G. 1237) and all variations thereof.

It shall apply to all employees in the State, excluding the County of Yancowinna, within the jurisdiction of the Plumbers and Gasfitters (State) Industrial Committee.

The changes made to the Award pursuant to the Award Review under 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 (85 IR 38) take effect on and from 21 October 2004.

This award remains in force until varied or rescinded, the period for which it was made already having expired.

FOR EFFECTIVE DATE PLEASE REFER TO SCHEDULE OF AWARD VARIATIONS TABLE.

PLUMBERS AND GASFITTERS (STATE) INDUSTRIAL COMMITTEE

Industries and Callings

Plumbers, gasfitters and drainers, and all persons (other than assistants) employed on the fixing of asbestos cement pipes for venting or for water services from street mains, in the State, excluding the County of Yancowinna;

Excepting employees of -

State Rail Authority of New South Wales;
Roads and Traffic Authority of New South Wales;
The Commissioner for Motor Transport;
The Water Board;
The Electrolytic Refining and Smelting Company of Australia Proprietary Limited, Metal
Manufactures Limited, Australian Fertilizers Limited and Austral Standard Cables Proprietary Limited, at Port Kembla;
Australian Iron and Steel Proprietary Limited, within the jurisdiction of the Iron and Steel Works Employees (Australian Iron & Steel Proprietary Limited) Industrial Committee;
Blue Circle Southern Cement Limited;
The Council of the City of Sydney and Shire and Municipal Councils;
Sydney Electricity;
The Electricity Commission of New South Wales (Pacific Power);
The Australian Gas Light Company;
Australian Wire Industries Pty Ltd at its Sydney Wiremill;
Commissioner for Main Roads, engaged in the maintenance of the Sydney Harbour Bridge;
The Hunter District Water Board;
South Maitland Railways Pty Limited;
The Broken Hill Proprietary Company Limited at Newcastle;
Australian Wire Industries Pty Ltd at its Newcastle Wiremill;
Prospect Electricity;
The Council of the City of Newcastle;

and excepting also employees -

In or about coal mines north of Sydney, in or about coal mines in the South Coast district, in or about coal and shale mines west of Sydney;

In or about metalliferous and limestone mines, in or in connection with mining for minerals other than coal or shale, in or about diamond and gembearing mines, mining dredges, ore sluicing processes, ore smelting, refining, treatment and reduction works;

and excepting also employees within the jurisdiction of the following Industrial Committees -

Special Steel and Steel Products Manufacture (Commonwealth Steel Company Limited); Tubemakers of Australia Limited, Newcastle; County Councils (Electricity Undertakings) Employees; John Lysaght (Australia) Limited Port Kembla; John Lysaght (Australia) Limited Newcastle; Australia Wire Industries Pty Ltd - Newcastle Ropery; John Lysaght (Australia) Limited Unanderra; Tubemakers of Australia Limited, Yennora; Smelting and Fertilizers Manufacturing (Sulphide Corporation Pty Limited and Greenleaf Fertilizers); Milk Treatment, &c., and Distribution (State); Cement Workers, &c. (State); Breweries, &c. (State); Tubemakers of Australia Limited Newcastle;

and excepting also;

Persons coming within the jurisdiction of Crown Employees (Skilled Tradesmen) Industrial Committee;

Persons within the jurisdiction of the University Building Maintenance Employees (State) Industrial Committee;

All persons employed in fixing or applying to or in connection with roofs, malthoid and all bituminous materials and all accessories, and all persons employed as fixers of corrugated asbestos cement sheets, whether fixed to walls or roofs, together with all asbestos cement accessories, including asbestos cement ridging, guttering and downpipes, and including all persons assisting them;

Persons coming within the jurisdiction of the Public Hospital (Skilled Tradesmen) Industrial Committee.

PART B – MONETARY RATES
TABLE 1 - RATES OF PAY

(i) Wages -

Effective first full pay period on or after 13 December 2005

(ii) Wages Apprentices

Indentured Apprentices – For apprentices employed by employers bound by this award, other than those employed ship’s plumbing, the following wage rates shall apply:

Trainee Apprentices

(i) Wages -

Effective first full pay period on or after 26 March 2006

(ii) Wages Apprentices

Indentured Apprentices – For apprentices employed by employers bound by this award, other than those employed ship’s plumbing, the following wage rates shall apply:

Trainee Apprentices

TABLE 2 - OTHER RATES AND ALLOWANCES

**end of text**