AN150023 - Building Trades (S.A.) Construction Award

This Fair Work Australia consolidated award reproduces the former State award Building Trades (S.A.) Construction Award as at 27 March 2006.

About this Award:
Former award of the Industrial Relations Commission of South Australia.

Printed by 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.


AN150023 [Notional FWA Consolidation]

BUILDING TRADES (S.A.) CONSTRUCTION AWARD

CLAUSE 1. TITLE

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This Award shall be known as Building Trades (S.A.) Construction Award.

CLAUSE 2. ARRANGEMENT

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CLAUSE 3. LOCALITY

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Locality

This Award shall apply throughout the State of South Australia.

CLAUSE 4. PERIOD OF OPERATION

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This award shall come into operation on and from 1 January 1985, and shall remain in force until 31 December 1985.

CLAUSE 5. PREVIOUS AWARDS SUPERSEDED

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In relation to the employment by respondent employers of employees subject to the scope and provisions of this award, this award shall supersede the awards hereinafter set out:

Building Trades (Carpenters and Joiners) Construction Award 1979 No. 152.

Building Trades (Bricklayers and Tuckpointers) Construction Award 1975 No. 76.

Building Trades (Painters and Decoraters) Construction Award 1975 No. 185.

Building Trades (Plasterers and Terrazzo Workers)Construction Award 1975 No. 75

CLAUSE 6. SCOPE AND PERSONS BOUND

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(a) Except as provided in subclause (e) hereof, this award shall be binding on the industry of the occupations of carpenters and/or joiners engaged on shop fitting work on a building site or construction work as defined whether as employers or employees and whether members of an association or not.

(b) Except as provided in subclause (e) hereof, this award shall be binding on the industry of the occupations of bricklaying on construction work (as defined) whether as employers or employees and whether members of an association or not.

(c) Except as provided in subclause (e) hereof this award shall be binding on the industry of the occupations of painters, decorators, signwriters, paperhangers and glaziers who are employed by any employer on construction work (as defined) of the classifications contained in this award, whether as employers or employees and whether members of an association or not.

(d) Except as provided in subclause (e) hereof this award applies to the industry of the occupations of plasterers, tilers, terrazzo workers, assistant terrazzo workers, trainee terrazzo workers and labourers assisting the aforesaid persons, and/or fixing of asbestos and/or persons engaged laying and/or finishing concrete and/or cement floors and/or on concrete a surface dressing consisting of a separate mix, and/or plaster, gyprock, cement or other similar materials on to walls, partitions or ceilings of buildings with a spraying device and/or employed in other work incidental thereto including preparatory work, masking, screeding and trowelling, fixing or finishing of fibrous plaster, gyprock board or similar material, plaster or cement, architectural ornaments of fibrous plaster or plaster or cement on walls or ceilings of buildings and architectural modelling on a building site whether as employers or employees and whether members of an association or not.

(e) Except as provided in subclause (f) hereof this award shall be binding on the industry of the occupations of roof tiler, slater, shingler, ridge or roof fixer on construction work (as defined) whether as employers or employees and whether members of an association or not.

(f) This award shall not be binding on those persons who are for the time being subject to an industrial agreement within the meaning of Schedule 1 Transitional Provisions of the Industrial and Employee Relations Act 1994 or an Enterprise Agreement under the said Act or upon:

(i) persons engaged in the making of implements of agriculture;

(ii) persons engaged in the work of ship carpenters or ship joiners or of seagoing carpenters on articles;

(iii) persons engaged on the construction or repair of wharves, jetties, piers or bridges;

(iv) employees classified in this award who are employed by a mixed enterprise in a maintenance and/or ancillary capacity;

(v) the Broken Hill Proprietary Company Limited or any of its employees;

(vi) the State Transport Authority or its employees;

(vii) the Public Service Board or Public Service employees;

(viii) any district council or council of any municipality or employees of any such council;

(ix) the Broken Hill Associated Smelters Proprietary Limited or any of its employees;

(x) the Flinders University of South Australia or any of its employees.

(xi) The South Australian Health Commission or its employees.

CLAUSE 7. EXEMPTIONS AND MODIFICATIONS

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Where employees bound by this award are employed on a project where the majority of employees are covered by the Australian Workers' Union Construction and Maintenance Consolidated Award, 1969-1974, then the relevant provisions of that award relating to Hours of Work, Shift Work, Rest Periods, Camping Allowance and Accommodation on Distant Jobs, Amenities and First-Aid Provisions shall apply in lieu of similar provisions in this award.

CLAUSE 8. DEFINITIONS

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8.1 'Bricklayer', shall mean an employee employed on bricklaying or tuckpointing work on a building site. Without limiting the generality of the for going, the work of bricklayers may include: Bricklaying, brickcutting, tiling, setting pointed brickwork, firework, setting coke slabs, coke bricks, cutting openings in brickwork, stone setting and the laying of all types of blocks including concrete, masonry, terra cotta, glass, plaster, plastic and synthetic or reconstituted material blocks or bricks, paving bricks, and bricks, blocks or tiles laid in sand.

8.2 'Carpenter and Joiner' means an employee employed as a Carpenter and/or Joiner upon shop fitting work or construction work on a building site as defined in this clause. Without limiting the generality of the foregoing, the work of carpenters may include:

(a) Work in connection with prefabricated units;

(b) The marking out, lining, plumbing and levelling of steel formwork and supports thereto;

(c) The stripping of steel formwork shutters or boxing;

(d) The erection of curtain walling and the fixing of external wall cladding, roofing with galvanised iron or other types of sheet metal, or any other materials which superseded the materials usually fixed by Carpenters as roofing and cladding;

(e) The erection of suspended ceilings except where wet plaster is used.

(f) The erection of metal windows or doors.

(g) The manufacture, installation, alteration and/or repair of shopfronts, showcases, exhibitors' stands, and interior fittings and fixtures in or on buildings, and the erection or installation of partitions including partitions involving wrap-around glazing and the erection or installation of partitions including the insertion of glass panels where the glass is 6.35mm or less in thickness by beads or moulds or other dry glazing methods;

Provided that:

(i) The drawing or shaping of metal is not required in respect of (d), (e), (f) and (g) hereof; and

(ii) Nothing in this definition shall be construed as giving a carpenter an exclusive right to the work specified in (c), (d), (e) and (f) hereof.

8.3 'Glazier' shall mean an employee engaged in any manner whatsoever in glazing, glass cutting, glass processing, cutting and fixing vitrolite or like material, the fixing of glass by any means in any place prepared for its reception, fitting and fixing glazing bars, leadlight and metal glazing including cutting glass, assembling and fixing such glass by means of lead and/or metal sections.

8.4 'Painter' shall mean an employee engaged in any manner whatsoever in the painting and/or decorating of or in connection with all buildings and structures, plant, machinery and equipment, fences and posts (commercial, residential, industrial or otherwise).

The painting of or in connection with prefabricated buildings and structures, plant, machinery and equipment (commercial, residential, industrial or otherwise) and any prefabricated or other parts of prefabricated buildings and structures as aforementioned. Without limiting the generality of the foregoing the work of painters includes the painting of pipe lines, conduits, valves, condensers, cocks, control and/or regulating stations or substations, and/or pumping, suction syphon, syphon or booster stations or substations and/or storage holders, pressure regulating holders and/or trestles, bridges, viaducts, pylons, and any other supports, and all machinery and appurtenances relating to the foregoing on water, land or sea, used or to be used for the purpose of storing and/or regulating and/or conveying liquids or gases including natural oils and gases. Paperhanging, applying and/or fixing wallhangings or coverings, decorating, kalsomining, distempering, plastic relief and texture work, graining, marbling, gilding, enamelling, varnishing and lacquering, and the replacement of glass.

The mixing of and/or application of and/or fixing of paint or like matter or substitute or mixtures or compositions or compounds for texture or plastic coating and finishes or other decorative or protective coatings and/or finishes, or putty, stopping or caulking mixtures, compositions or compounds, oils, varnishes, watercolours, lacquers, stains, wallpapers, wallhanging or coverings, coatings, and/or other materials used in the painting and decorating trade with a brush, spray, roller or other tool or remove paint or like matter or substitutes or mixtures or compositions or compounds for texture or plastic coatings and finishes or other decorative coatings and/or finishes or putty, stopping or caulking mixtures, compositions or compounds, oils, varnishes, watercolours, lacquers, stains, wallpapers, wallhangings or coverings, coatings, or other materials used in the painting and decorating trade by heat, flame, water solvents, electrical, mechanical, air-powered or hand tools or by grit, shot, or other abrasives or by any other means and the preparation of the work and materials required in any of the aforementioned branches of the trade.

8.5(a) 'Plasterer' in this paid rates award applies to the industry of the occupations of plasterers, tilers, terrazzo workers, assistant terrazzo workers, trainee terrazzo workers and labourers assisting the aforesaid persons, and/or fixing of asbestos and/or persons engaged laying and/or finishing concrete and/or cement floors and/or on concrete a surface dressing consisting of a separate mix, and/or in applying plaster, gyprock, cement or other similar materials on to walls, partitions or ceilings of buildings with a spraying device and/or employed in other work incidental thereto including preparatory work, masking, screeding and trowelling, fixing or finishing of fibrous plaster, gyprock board or similar material, plaster or cement, architectural ornaments of fibrous plaster or plaster or cement on walls or ceilings of buildings and architectural modelling on a building site whether as employers or employees and whether members of an association or not.

(b) 'Fixer' means an employee employed on the work of - Fixing or finishing of Fibrous Plaster, Plaster Glass or similar material, Gypsum Plaster board, and other composite boards when flush jointed, or Plaster products and includes the spraying by manual or mechanical means of light weight aggregates when used for decorative and fire prevention purposes. Fixing of Acoustic tiles infill panels and cornices of an earth base including all necessary suspensions and fixing.

(c) 'Assistant to a plasterer' means an employee engaged assisting or labouring and who is otherwise not classified above.

(d) 'Floorlayer Specialist' is an employee employed on the work of the top dressing on concrete work, whether finished in cement, terrazzo, marble, granolithic, bitumen, magnesite and similar substances by manual or mechanical means and all such concrete work incidental to the preparation and laying of such floors, steps or risers.

(e) 'Machinist' means an employee on construction work (as defined) who operates a machine for the sawing, gritting, dressing, facing or polishing of all kinds of stone, composition or reconstituted stone, terrazzo or similar compositions.

8.6 'Signwriter' shall mean an employee who is, in addition to having a knowledge of painting, kalsomining, staining and varnishing, does any of the following work: signwriting, designing and/or lettering of price tickets and showcards. Pictorial and scenic paintings, or production of signs or posters by means of stencils, screens or like methods or any other work incidental thereto including cutout displays of all descriptions, pictorial, scenic or lettering and without limiting the generality of the foregoing shall include:

(a) Lettering of every description, size or shape applied by brush on any surface or material which, without limiting its meaning shall include stone, wood, iron, metal, brick, cement, glass (plain or fancy) canvas, paper, calico, sheeting, bunting, silk, satin, wire blinds;

(b) Designing for windows, posters, show window and theatre displays, honour rolls, illuminated addresses, neon signs, stencils, display banners;

(c) Gilding, i.e. the application of gold, silver, aluminium, or any metal leaf to any surface;

(d) Designing and laying out of cutout displays of all descriptions, either pictorial, scenic or lettering;

(e) Screen process work, i.e. the designing, setting up and the operation for duplication of signs on any material whether of paper, fabric, metal, wood, glass or any similar material.

Without limiting the general meaning signwriting work shall include making of stencils and stencilling by screen or any other method, and the making and/or fixing of transfers. 8.7 Elevated Platform. The operation of an elevated mechanical or hydraulic platform may be carried out by a glazier (as defined), painter (as defined) or signwriter (as defined) when engaged upon work of or in connection with the work of a glazier (as defined), painter (as defined) or signwriter (as defined), respectively.

8.8 'Casual Hand' means an employee engaged in accordance with Clause 9.7 of Schedule 1 Wages.

8.9(a) 'Construction work' in so far as Plasterers and Terrazzo Workers and Bricklayers shall mean all work performed under this award in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the making, preparing, assembling and fixing of any material necessitating the use of tradesmen's tools or machines, and the prefabricating of a building in an open yard.

For the purpose of this definition 'maintenance' is confined to tradesmen employed by building and construction industry employers.

(b) 'Construction work' in so far as the Carpenters and Joiners and the Painters and Decorators shall mean all work performed under this award in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the making, assembling or fixing of woodwork and fittings in connection therewith, the making, preparing, assembling and fixing of any material necessitating the use of tradesmen's tools or machines, and the prefabricating of a building in an open yard.

For the purpose of this definition 'maintenance' is confined to tradesmen employed by employers engaged in the building and construction industry.

8.10 'Employee' means a carpenter, bricklayer, painter, plasterer, or other classification, as defined in this clause and includes an apprentice.

8.11 'Leading Hand' means an employee who is given by the employer, or his agent, the responsibility of directing and/or supervising the work of other persons, or in the case of only one person the specific responsibility of directing and/or supervising the work of that person.

8.12 'Marker' or 'Setter Out' means an employee mainly employed marking and/or setting out work for other employees.

8.13 'Operator of explosive-powered tools' means an employee qualified in accordance with the laws and regulations of the State to operate explosive-powered tools.

8.14 'Double Time' means twice the ordinary rate of payment as prescribed in Clause 9. Rates of Pay.

8.15 'Special Class Tradesman' means a tradesman Carpenter and/or Joiner, Bricklayer, Plasterer or Stonemason who is engaged on work of restoration, renovation, preservation, or reconstruction of historical or 'National Trust' type buildings, the performance of which requires the use of complex, high quality trade skills and experience which are not generally exercised in normal construction work. For the purpose of this definition complex and high quality trade skills and experience shall be deemed to be acquired by the tradesmen:

(a) having had not less than 12 months on-the-job experience of such skilled work, and

(b) having, by satisfactory completion of a prescribed post-trade course, or other approved course, or the achievement of knowledge and competency by other means, including the on-the-job experience in paragraph (a) herein, as will enable the tradesman to perform such work unsupervised where necessary and practical, to the required standard of workmanship.

For the purpose of this definition, the following are deemed to be prescribed post-trade courses and recognised throughout the locality of this award:

Certificate of Technology (Building) Tasmania
Diploma in Building Western Australia
Building Certificate Course, Advanced Carpentry and South Joinery Course Australia Technician Certificate Victoria
Certificate Course for Building Technicians (2.03) CN 528 Queensland
Building Certificate Course New South Wales

8.16 "Overaward Payment" is defined as the amount in rates of pay which an employee would receive in excess of the minimum award wage (i.e. base rate, arbitrated safety net and supplementary payment) as prescribed in this award for the classification in which such an employee is engaged. Provided that this definition shall exclude overtime, shift allowances, disability allowances, location allowances, special rates or allowances, responsibility allowances and any other ancillary payments of a like nature prescribed by this award.

8.17 "Roof tiler, slater, shingler, ridger or roof fixer" shall mean an employee of the trade or calling of tiling roofs or fixing roofing sheets of Asbestos Fibro Fibrolite or cement mixtures and accessories, Malthoid, sisalkraft, Pamcotile or bituminous roofing material and all accessories made of the same materials and which without limiting the meaning of the above, shall include terra cotta, glazed, semi glazed roofing tiles, cement tiles, slates, fibro slates, tiles, asbestos, Fibrolite, Fibro, Fibrous mixtures, cement and any mixtures that may replace or be used in conjunction with the foregoing or any materials incidental thereto or in place thereof, and work incidental to the above work including battening for tiles, tying, nailing or carrying tiles, etc. and the laying and/or pointing of ridges and barges.

CLAUSE 9. RATES OF PAY

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The wages payable under this award are set out in Schedule 1 attached hereto.

CLAUSE 9A. AWARD MODERNISATION

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(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 assist 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, but which shall incorporate 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 disputations.

CLAUSE 9B. STRUCTURAL EFFICIENCY EXERCISE

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(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) The parties have established working parties for the testing and/or trialling of various skill levels and to enable proper consultation with both employees and employers in the industry on matters consistent with the objectives of sub-clause (b) herein. The parties shall process any such matters through that working party.

(d) Measures raised for consideration consistent with sub- clause (c) herein 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 measure 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 measure 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 South Australia 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 to acquire additional skills; and
(iii) removing barriers to the utilization of skills acquired

CLAUSE 9C. ENTERPRISE FLEXIBILITY PROVISION

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N.B. For explanation of operative dates see Schedule 1 & 1A hereof

(a) In this clause a “relevant union” means an organisation of employees that:

(i) has an interest in this award; and

(ii) has one or more members employed by the employer to perform work in the relevant enterprise or workplace.

(Note: The failure by an employer to give each relevant union an opportunity to be involved in the consultative process leading to the making of an agreement may result in the Commission adjourning or refusing the application to vary the award.)

(b) At each enterprise or workplace, consultative mechanisms and procedure shall be established comprising representatives of the employer and employees. Each relevant union shall be entitled to be represented.

(c) The particular consultative mechanisms and procedures shall be appropriate to the size, structure and needs of the enterprise or workplace.

(d) The purpose of the consultative mechanisms and procedures is to facilitate the efficient operation of the enterprise or workplace according to its particular needs.

(e) Where agreement is reached at an enterprise or workplace through such consultative mechanisms and procedures, and where giving effect to such agreement requires this award, as it applies at the enterprise or workplace, to be varied, an application to vary shall be made to the Commission. The agreement shall be made available in writing, to all employees at the enterprise or workplace and to the unions having an interest in the award.

(f) When this award is varied to give effect to an agreement made pursuant to this clause the variation shall become a schedule to this award and the variation shall take precedence over any provision of this award to the extent of any expressly identified inconsistency.

(g) The agreement must meet the following requirements to enable the Commission to vary this award to give effect to it.

(i) that the purpose of the agreement is to make the enterprise or workplace operate more efficiently according to its particular needs;

(ii) that the majority of employees covered by the agreement genuinely agree to it;

(iii) that the award variation necessitated by the agreement meets the requirements of the Approval test set out at section 79 of the Industrial and Employee Relations Act 1994 (the Act).

CLAUSE 10. INDUSTRY ALLOWANCE AND UNDERGROUND ALLOWANCE

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10.1 Industry Allowance

In addition to the rates prescribed in Clause 9.1 an employee shall be paid an allowance at the rate of $20.40 per week to compensate for the following disabilities associated with construction work (as defined).

(a) Climatic conditions when working in the open on all types of work.

(b) The physical disadvantage of having to climb stairs or ladders.

(c) The disability of dust blowing in the wind, brick dust, and drippings from newly-poured concrete.

(d) Sloppy and muddy conditions associated with the initial stages of the erection of a building.

(e) The disability of working on all types of scaffolding or ladders other than a swing scaffold, suspended scaffold, or a bosun's chair.

(f) The lack of the usual amenities associated with factory work (e.g. meal rooms, change rooms, lockers).

Provided that the industry allowance for repaint work and signwriting work in a workshop shall be $18.50.

10.2 Underground Allowance

An employee required to work underground shall be paid an allowance of $9.97 per week for all purposes of the award in addition to the allowance prescribed in 10.1 of this clause.

Provided that an employee required to work underground for no more than 4 days or shifts in any ordinary week shall be paid an amount of $1.99 per day or shift in lieu of the underground allowance prescribed in 10.2 of this clause.

Where a shaft is to be sunk to a depth greater than 6 metres the payment of the underground allowance shall commence from the surface.

These allowances shall not be payable to employees engaged upon 'pot and drive' work at a depth of 3.5 metres or less.

CLAUSE 11. TOOL ALLOWANCE

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A tool allowance shall be paid for all purposes of the award in accordance with the following table:

CLAUSE 12. SPECIAL RATES

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12.1 In addition to the rates otherwise prescribed in this award, the following extra rates shall be paid to employees (as defined) in this award:

(a) Insulation

An employee handling 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 57 cents per hour or part thereof.

(b) Hotwork

An employee who works in a place where the temperature has been raised by artificial means to between 46 and 54 Celsius - 46 cents per hour or part thereof, exceeding 54 Celsius - 57 cents per hour or part thereof.

Where such work continues for more than 2 hours, the employee shall be entitled to 20 minutes rest after every 2 hours work without loss of pay, not including the special rate provided by this subclause.

(c) Cold Work

An employee who works in a place where the temperature is lowered by artificial means to less than 0 Celsius shall be paid 46 cents per hour.

Where such work continues for more than 2 hours, the employee shall be entitled to 20 minutes rest after every 2 hours work without loss of pay, not including the special rate provided by this subclause.

(d) Confined Space

An employee required to work in a confined space shall be paid 57 cents per hour or part thereof.

('Confined Space' means a place the dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation).

(e) Swing Scaffold

(i) An employee required to work from any type of swing scaffold by rope or cable, bosuns chair, or a suspended scaffold requiring the use of steel or iron hooks or angle irons shall be paid the appropriate allowance set out below corresponding to the storey level at which the anchors or bracing, from which the stage is suspended, has been erected. Such allowance shall be paid for a minimum of four hours work or part thereof until construction work (as defined) has been completed.

Provided that an apprentice with less than two years' experience shall not use a swing scaffold or bosun's chair, and further provided that solid plasterers when working off a swing scaffold shall receive an additional 12 cents per hour.

(ii) Payment contained in this sub-clause are in recognition of the disabilities associated with the use of swing scaffolds.

(iii) For the purposes of paragraph 12.1 (e)(i) hereof: "Completed" means the building is fully functional and all work which was part of the principal contract is complete.

"Storeys" shall be given the same meaning as a storey level in subclause 13.2 of this award.

(f) Explosive Powered Tools

An operator of explosive powered tools, as defined in this award, who is required to use an explosive powered tool, shall be paid $1.09 for each day on which he uses such a tool.

(g) Wet Work

Employees working in any place where water is continually dripping on the employee so that clothing and boots become wet, or where there is water underfoot, shall be paid 46 cents per hour whilst so engaged.

(h) Dirty Work

An employee engaged on unusually dirty work shall be paid 46 cents per hour.

(i) Towers Allowance

An employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft (other than above ground in a multi-storey building), cooling tower, water tower or silo, where the construction exceeds 15 metres in height shall be paid for all work above 15 metres, 46 cents per hour, with 46 cents per hour additional for work above each further 15 metres.

Provided that any similarly constructed building, or a building not covered by Clause 13.2, which exceeds 15 metres in height may be covered by this subclause, or by Clause 13 by agreement or where no agreement is reached, by determination of the Commission.

(j) Toxic Substances

(i) An employee required to use toxic substances shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.

(ii) Employees using such materials will be provided with and shall use all safeguards as are required by Clause 32 and the 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.

(iii) Employees using toxic substances or materials of a like nature shall be paid 57 cents per hour extra. Employees working in close proximity to employees so engaged shall be paid 46 cents per hour extra.

Where the blocks weigh

Per hour

(iv) For the purpose of this subclause toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two-pack catalyst system shall be deemed to be materials of a like nature.

(k) Fumes

An employee required to work in a place where fumes of sulphur or other acid or other offensive fumes are present shall be paid such rates as are agreed upon between the union and the employer; provided that, in default of agreement, the matter may be referred to a Board of Reference for the fixation of a special rate.

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.

(l) Asbestos

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.

Provided that where safeguards include the mandatory wearing of protective equipment (i.e., combination overalls and breathing equipment or similar apparatus) such employees shall be paid 57 cents per hour extra whilst so engaged.

(m) Furnace Work

An employee engaged in the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be paid $1.22 per hour. This additional rate shall be regarded as part of the wage rate for all purposes.

(n) Acid Work

An employee required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork shall be paid $1.22 per hour. This additional rate shall be regarded as part of the wage rate for all purposes.

(o) Heavy Blocks

Bricklayers laying other than standard bricks

Bricklayers employed laying blocks (other than cindcrete blocks for plugging purposes) shall be paid the following additional rates

An employee shall not be required to lift a building block in excess of 20kg in weight unless such employee is provided with a mechanical aid or with an assisting employee; provided than an employee shall not be required to manually lift any building block in excess of 20kg in weight to a height of more than 4 feet (1.2m) above the working platform.

Provided that this subclause shall not apply to employees being paid the extra rate for refractory work.

(p) Cleaning Down Brickwork

An employee required to clean down bricks using acids or other corrosive substances - 42 cents per hour extra. While so employed employees will be supplied with gloves by the employer.

(q) Bagging

Employees engaged upon bagging brick or concrete structures shall be paid 42 cents per hour.

(r) Bitumen Work

An employee handling hot bitumen or asphalt or dipping materials in creosote, shall be paid 57 cents per hour extra.

(s) Plaster or Composition Spray

An employee using a plaster or composition spray shall be paid an additional 46 cents per hour whilst so engaged.

(t) Slushing

An employee engaged at 'slushing' shall be paid 46 cents per hour.

(u) Dry Polishing of Tiles

Employees engaged on dry polishing of tiles (as defined) where machines are used shall be paid 57 cents per hour or part thereof.

(v) Cutting Tiles

An employee engaged at cutting tiles by electric saw shall be paid 57 cents per hour whilst so engaged.

(w) Second Hand Timber

Where, whilst working with second hand timber, an employee's tools are damaged by nails, dumps or other foreign matter on the timber he shall be entitled to an allowance of $1.81 per day on each day upon which his tools are so damaged, provided that no allowance shall be payable under this clause unless it is reported immediately to the employer's representative on the job in order that he may prove the claim.

(x) Roof Repairs

Employees engaged on repairs to roofs shall be paid 57 cents per hour; provided that in lieu of this rate Roof Slaters and Tilers shall be paid in accordance with the following:

(i) An employee who works on a roof at a height at over 15 metres measured at the loading point of the tiles at ground level to the eaves, shall be paid 42 cents per hour extra.

(ii) An employee who is required to work on a roof at a height over 15 metres measured at the loading point of the tiles at ground level to the eaves and the pitch of which is over 35 degrees or over 40 degrees in lieu of being paid 42 cents per hour extra as provided in 12.1(x) (i) of this proviso, shall be paid the sum of 57 cents and 83 cents respectively.

(y) Computing Quantities

Employees who are regularly required to compute or estimate quantities of materials in respect of the work performed by other employees shall be paid an additional $3.33 per day or part thereof.

Provided that this allowance shall not apply to an employee classified as a leading hand and receiving allowance prescribed in 9.4.

(z) Height Work - Painting Trades

An employee working on any structure at a height of more than 9 metres where an adequate fixed support not less than 0.75 metres wide is not provided, shall be paid 42 cents per hour in addition to ordinary rates. This subclause shall not apply to an employee working on a bosun's chair or swinging stage.

This provision shall not apply in addition to the Towers Allowance prescribed in 12.1(i).

(aa) Brewery Cylinders - Painters

A painter in brewery cylinders or stout tuns shall be allowed 15 minutes spell in the fresh air at the end of each hour worked by him.

Such 15 minutes shall be counted as working time and shall be paid for as such. The rate for working in brewery cylinders or stout tuns shall be at the rate of time and one half. When an employee is working overtime and is required to work in brewery cylinders and stout tuns he shall, in addition to the overtime rates payable, be paid one half of the ordinary rate payable as provided by Clause 9 of this award.

(bb) Power Tools - Painters (not yet decided - ReservedMatter)

(cc) Certificate Allowance

A tradesman who is the holder of a scaffolding certificate or rigging certificate issued by the Department of Administrative and Information Services required to act on that certificate whilst engaged on work requiring a certificated person shall be paid an additional 46 cents per hour.

Provided that this allowance shall not be payable cumulative on the allowance for swing scaffolds.

(dd) Spray Application - Painters

An employee engaged on all spray applications carried out in other than a properly constructed booth, approved by the Department of Administrative and Information Services shall be paid 46 cents per hour extra.

(ee) Brick Cutting Machine

One bricklayer on each site to operate the cutting machine and to be paid 57 cents per hour or part thereof while so engaged.

12.2 Conditions respecting Special Rates

(a) The special rates prescribed in this award shall be paid irrespective of the times at which work is performed and shall not be subject to any premium or penalty conditions.

(b) Where more than one of the above rates provides payments for disabilities of substantially the same nature then only the highest of such rates shall be payable.

CLAUSE 13. MULTI-STOREY ALLOWANCE

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13.1 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.

Provided that where (i) construction work (as defined), or (ii) alteration, demolition and/or renovation work, or (iii) renovation work is performed (other than alteration to demountable partitions) on existing multi-storey buildings (as defined) and such work extends to more than 2 storey levels in the building and at least part of the work to be performed is above the fourth storey level, all employees shall be entitled to the provisions of this clause and the rate for all the work shall be determined in accord with the scale of payment appropriate for the highest floor level affected by such work.

13.2 Definition of Multi-Storey Building

For the purposes of this award, a multi-storey building is a building which will, when complete, consist of 5 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).

13.3 Rates - For Buildings which commenced on or after 1 September 1979

Except as provided for in 13.4 Service Cores, 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 payments.

The allowance payable at the highest point of the building shall continue until completion of the building.

13.4 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 12.1(i) Towers Allowance 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.

CLAUSE 14. MIXED FUNCTIONS

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An employee engaged for more than two hours during one day on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for such day. If for two hours or less during one day he shall be paid the higher rate for the time so worked.

CLAUSE 15. COMPENSATION FOR TRAVEL PATTERNS, MOBILITY REQUIREMENTS OF EMPLOYEES AND THE NATURE OF EMPLOYMENT IN CONSTRUCTION WORK COVERED BY THIS AWARD

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15.1 Metropolitan Radial Areas:

The following fares allowance shall be paid to employees employed under the terms and conditions of this award for travel patterns and costs peculiar to the industry which include mobility requirements on employees and the nature of employment on construction work.

When employed on work located within a radius of 30 kilometres from the G.P.O. Adelaide - $12.40 per day.

15.2 Other Radial Areas:

The respective allowances defined in 15.1 shall be paid for work performed by employees employed on a distant job as defined in Clause 25 hereof, when the work is carried out away from the place where, with the employer's approval, the employee is accommodated for the distant job, in accordance with the following radius: 30 kilometres from the place of accommodation.

15.3 Country Radial Areas:

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 15.1 above for the purpose of engaging in construction work therefrom, shall in respect to employees engaged for work for that establishment, pay the allowances therein mentioned for work located within a radius of 30 kilometres -from the post office nearest the establishment.

Where the employer has an establishment in more than one such place the establishment nearest the employee's nominated residence shall be the establishment that shall be taken into account, and employees shall be entitled to the provisions of subclause 15.4 when travelling to a job outside the radial area of the establishment nearest his residence.

15.4 Travelling Outside Radial Areas:

Where an employee travels daily from inside any radial area mentioned in 15.1, 15.2 or 15.3 to a job outside that area, he shall be paid:

(a) the allowance prescribed in 15.1, 15.2 or 15.3;

(b) in respect of travel from the designated radius to the job and return to that 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 39 cents per kilometre where the employee uses his own vehicle.

Residing Outside Radial Areas:

An employee on such a job whose residence is outside the radial areas prescribed herein shall be entitled to the provisions of (a) above, but not (b) above.

15.5 Travelling between Radial Areas:

The provisions of 15.4 shall also apply to any employee who is required by the employer to travel daily from one of the areas mentioned in 15.1 and 15.3 to any area or another area, mentioned in 15.1 or 15.3.

15.6 Provision of Transport:

The allowances prescribed in this clause, except the additional payment prescribed in 15.4 and 15.5 shall not be payable on any day which the employer provides or offers to provide transport free of charge from the employee's home to his place of work and return; provided that any transport supplied is equipped with suitable seating accommodation and is covered when necessary so as to be weatherproof.

15.7 Work in Fabricating Yard:

When an employee is required to perform prefabricated work in an open yard and is then required to erect or fix on site, the provisions of this clause shall apply.

15.8 Requirement to Transfer:

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.

15.9 Transfers during Working Hours:

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 most 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 allowance at the rate of 73 cents per kilometre.

15.10 Daily Entitlement:

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 and for the paid day off as prescribed in Clause 16 or 22.4.

15.11 Continuation of Practice:

The provisions of subclause 15.1, 15.2, 15.3 and 15.11 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.

15.12 Apprentices: (as prescribed in Clause 45).

An apprentice's entitlement to allowances prescribed under subclauses 15.1, 15.2, 15.3 or 15.11 (a), (b), (c), or (d) herein shall be in accordance with the following scale.

On first year rate -75 per cent of amount prescribed.

On second year rate -85 per cent of amount prescribed.

On third year rate -90 per cent of amount prescribed.

On fourth year rate -95 per cent of amount prescribed.

The foregoing amounts shall be calculated to the nearest 5cents, 2 cents and less to be disregarded.

CLAUSE 16. HOURS

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16.1 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) Commencing 24 May 1982, 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 a.m. and 6 p.m., with .4 of one hour of each day worked accruing as an entitlement to take the fourth Monday in each cycle as a day off paid for as though worked.

Provided that by agreement in writing between an employer and his 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.

Provided further that where such agreement is reached the procedures applying to agreements on alteration of meal breaks as prescribed in Clause 16.4(a), (b), (c) and (d) herein shall apply.

(b) Where such fourth Monday or agreed rostered day prescribed by subparagraph (a) above falls on a Public Holiday as prescribed in Clause 20. Public Holidays and Holiday Work, the next working day shall be taken in lieu of the rostered day off unless an alternate day in that four- week cycle or the next is agreed in writing between the employer and the employee.

(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 subparagraph (c) above 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) 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 accrued entitlements, the employee shall be paid as prescribed for Saturday work in

CLAUSE 19. WEEKEND WORK.

16.2 Meal Break

There shall be a cessation of work and of working time, for the purposes of a meal on each day, of not less than 30 minutes, to be taken between noon and 1 p.m.

16.3 Early Start

Provided that by agreement between the employer, his employees and the appropriate union the working day being at 6.00 a.m. or at any other 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 consequential adjustment to the meal cessation period.

16.4 Variation of Meal Breaks

Provided further that where, because of the area of location of a project, the majority of on-site employees on the said project request, and Site Management agrees to the request, the period of the meal break may be shortened to not less than thirty minutes with a consequential adjustment to the daily time of cessation of work, subject to the following procedure being observed:

(a) The employer shall, within 24 hours from when he reaches agreement with his employees, notify by letter or telegram, the unions registered to represent all the occupations he has working on the site (and who have reached agreement with him) of the site decision to vary the meal break.

(b) The employer shall also inform any registered organisations of employers to which he belongs (and which is respondent to this Award) of this agreement.

(c) A period of five ordinary working days shall be allowed to pass from the day on which the employer informs the unions, before the agreement is implemented.

(d) Such an agreement shall be put into effect after passage of the five days period of notice unless a party to the Award with membership involved in the agreement refers the matter to a Board of Reference (constituted by Clause 46 of this Award) in which event the agreement will not be implemented until a decision is made by such a Board or a further period of five ordinary working days has passed, whichever is the shorter.

CLAUSE 17. REST PERIODS AND CRIB TIME

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17.1 There shall be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 a.m. and 11.00 a.m.

17.2 When an employee is required to work overtime after the usual ceasing time for the day or shift for two hours or more, he shall be allowed to take, without deduction of pay, a crib time of 20 minutes in duration immediately after such ceasing time and thereafter, after each four hours of continuous work, he shall be allowed to take, also without deduction of pay, a crib time of 30 minutes in duration. In the event of an employee remaining at work after the usual ceasing time without taking the crib time of 20 minutes and continuing at work for a period of two hours of more, he shall be regarded as having worked 20 minutes more than the time worked and be paid accordingly.

For the purposes of this subclause 'usual ceasing time' is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clause 16.1 or 22.4.

17.3 Where shift work comprises three continuous and consecutive shifts of eight hours each day inclusive of time worked for accrual purposes as prescribed in clause 22.4, a crib time of 20 minutes in duration shall be allowed without deduction of pay in each shift, such crib time being in lieu of any other rest period or cessation of work elsewhere prescribed by this Award.

17.4 The provisions of subclauses 17.2, 17.3 and 17.4 hereof shall not be applicable to the case of an employee who is allowed the rest periods prescribed by 12.1(b) and (c) of clause 12. Special Rates.

CLAUSE 18. OVERTIME AND SPECIAL RATES

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Overtime and Special Time 18.1 All time worked beyond the ordinary time of work, inclusive of time worked for accrual purposes as prescribed in clause 16.1 or 22.4, as prescribed in clause 16. Hours of this Award shall be paid for at the rate of one and a half times ordinary rates for the first two hours thereof and at double time thereafter.

18.2 An employee recalled to work overtime after leaving his 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 rates for each time he 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 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 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.

18.3 If an employer requires an employee to work during the time prescribed by clause 16. Hours of this Award for cessation of work for the purpose of a meal, he shall allow the employee whatever time is necessary to make up the prescribed time of cessation, and the employee shall be paid at the rate of double time for the period worked between the prescribed time of cessation and the beginning of the time allowed in substitution for the prescribed cessation time; provided however, that the employer shall not be bound to pay in addition for the time allowed in substitution for the said cessation time; and provided also that if the cessation time is shortened at the request of the employee to the minimum of 45 minutes prescribed in Clause 16 of this Award or to any other extent (not being less than 45 minutes) the employer shall not be required to pay more than the ordinary rates of pay for the time worked as a result of such shortening, but such time shall form part of the ordinary working time of the day.

18.4 No apprentice under the age of 18 years shall be required to work overtime or shift work unless he so desires. No apprentice shall, except in an emergency, work or be required to work overtime or shift work at times which would prevent his attendance at Technical School, as required by any statute, award or regulation applicable to him.

18.5 When an employee, after having worked overtime and/or a shift for which he has not been regularly rostered, finishes work at a time when reasonable means of transport are not available the employer shall provide him with conveyance to his home or to the nearest public transport.

18.6 An employee who works so much overtime:

(a) (i) between the termination of his ordinary work day or shift, and the commencement of his ordinary work in the next day or shift, that he has not at least ten consecutive hours off duty between these times;

(ii) or on Saturdays, Sundays and holidays, not being ordinary working days or on a rostered day off, without having had ten consecutive hours off duty in the 24 hours preceding his ordinary commencing time on his next ordinary day or shift, shall, subject to this subclause be released after completion of such overtime until he has had ten 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 or crib times allowed by this Award) for 20 hours shall not be required to continue at or recommence work for at least 12 hours.

(b) If, on the instructions of his employer, such an employee resumes or continues to work without having had such 10 consecutive hours off duty he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) The provision of this subclause shall apply in the case of shift workers as if eight hours were substituted for 10 hours when overtime is worked:

(i) for the purpose of changing shift rosters; or

(ii) where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

(iii) where a shift is worked by arrangement between the employees themselves.

18.7 An employer may require any employee to work reasonable overtime.

CLAUSE 19. WEEK-END WORK

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19.1 Overtime work on Saturday shall be paid for at the rate of time and a half for the first two hours and double time thereafter, provided that all overtime worked after 12 noon on Saturday shall be paid for at the rate of double time.

19.2 All time worked on Sundays shall be paid for at the rate of double time.

19.3 An employee required to work overtime on a Saturday or to work on a Sunday shall be afforded at least three hours work on a Saturday or four hours work on a Sunday or shall be paid for three hours on a Saturday or four hours on a Sunday at the appropriate rate.

19.4 An employee working overtime on Saturday, or working on a Sunday, shall be allowed, without deduction of pay, a rest period of ten minutes between 9.00a.m. and 11.00a.m.

19.5 An employee working overtime on a Saturday, or working on a Sunday, shall be allowed a paid crib time of 20 minutes after four hours work, to be paid for at the ordinary rate of pay but this provision shall not prevent any arrangements being made for the taking of a 30 minute meal period, the time in addition to the paid 20 minutes being without pay. In the event of an employee being required to work in excess of a further four hours, he shall be allowed to take a paid crib time of 30 minutes which shall be paid at the ordinary rate of pay.

CLAUSE 20. PUBLIC HOLIDAYS AND HOLIDAY WORK

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20.1 An employee, other than a casual employee (as defined) shall be entitled to the following holidays without deduction of pay. Provided that if any other day be, by a State Act of Parliament or State Proclamation, substituted for any of the said holidays, the day so substituted shall be observed:

Proclamation Day (28 December) shall be observed as a holiday throughout the State, except at Whyalla instead of Boxing Day, or such other day as is generally observed in a locality as a substitute for any of the said days respectively.

20.2 By agreement between any employer and the unions, other days may be substituted for the said days or any of them as to such employers undertaking.

20.3 Where an additional or substitute public holiday is proclaimed by Order in Council or otherwise gazetted by authority of the Australian or a State Government under any Act throughout any State or part thereof, such day shall, within the defined locality, be deemed to be a holiday for the purposes of this Award: provided that an employee shall not be entitled to the benefit of more than one holiday upon such occasion.

20.4 All work performed on any of the holidays prescribed in this clause or substituted in lieu thereof, shall be paid for at the rate of double time and a half.

20.5 The provisions of 18.5 and 18.6 of Clause 18. Overtime and Special Time shall apply in respect of work on a holiday.

20.6 An employee required to work on a holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate.

20.7 Provided that:

(a) 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 holiday prescribed in 20.1 and 20.2 of each holiday in a group as prescribed in 20.9(b) which falls within 10 consecutive days after the day of termination.

(b) Where any two or more of the holidays prescribed in this Award occur within a 7-day span, such holidays shall for the purpose of this Award be a group of holidays. If the first day of the group of holidays falls within 10 consecutive days after termination, the whole group shall be deemed to fall within the 10 consecutive days. Christmas Day, Proclamation Day and New Year's Day shall be regarded as a group.

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

(d) 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 causes. Absence arising by termination of employment by the employee shall not be reasonable cause.

CLAUSE 21. EASTER SATURDAY. (THE DAY FOLLOWING GOOD FRIDAY).

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21.1 All worked performed on the day after Good Friday shall be paid for at the rate of double time and a half.

21.2 An employee required to work on the Saturday following Good Friday shall be afforded at least four hours work or paid for four hours at the appropriate rate.

CLAUSE 22. SHIFT WORK

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Where it is necessary that work is performed in shifts the following conditions shall apply:

22.1 For the purposes of this clause:

‘Afternoon shift' means a shift finishing at or after 9.00 p.m. and at or before 11.00 p.m.

'Night shift' means a shift finishing after 11.00 p.m. and at or before 7.00 a.m.

'Early morning shift' means a shift finishing after 12.30 p.m. before 2.00 p.m.

'Early afternoon shift' means a shift finishing after 7.30 p.m. and before 9.00 p.m.

22.2 Other than work on a Saturday, Sunday or holiday, the rate of pay for afternoon or night shift shall be time and a half and the rate for early morning and early afternoon shift shall be time and a quarter, provided that the employee is employed continuously for five shifts Monday to Friday in any week. The observance of a holiday in any week shall not be regarded as a break in continuity for the purpose of this subclause.

22.3 An employee who is employed for less than five consecutive shifts Monday to Friday shall be paid for each day he works on any of the shifts referred to in clause 22.2 above at the rate of time and a half for the first two hours and double time thereafter provided that when a job finishes after proceeding on shift work for more than one week, or the employee terminates his services during the week, he shall be paid at the rate specified in subclause 22.2 hereof for the time actually worked.

22.4 (a) The ordinary hours of both afternoon and night shift shall be eight hours daily inclusive of meal breaks. Provided that where shift work comprises three continuous and consecutive shifts of eight hours each per day, a crib time of 20 minutes in duration shall be allowed without deduction of pay in each shift, such crib time being in lieu of any other rest period of cessation of work elsewhere prescribed by this Award. Employees on shift work shall accrue .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 under clause 15.1, 2 and 3 and 15.11(a), (b), (c) and (d).

Paid leave taken during any cycle of four weeks and public holidays as prescribed by Clause 20. Public Holidays and Holiday Work, 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 accrued 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 shall be paid, in addition to his accrued entitlement, the penalty rates prescribed in clause 22.8.

(b) For the purpose of this clause an employee shall not be required to work for more than five hours without a meal break.

22.5 An employee shall be given at least 48 hours notice of a requirement to work shift work.

22.6 The hours for shift workers when fixed, shall not be altered except for breakdowns or other causes beyond the control of the employer, provided that notice of such alteration shall be given to the employee not later than ceasing time of the previous shift.

22.7 For all work performed on a Saturday, Sunday or holiday, the provisions of clauses 18, 19 and 20 shall be applicable in lieu of the rates prescribed in
this clause.

22.8 Work in excess of shift hours, Monday to Friday, other than holidays, shall be paid for at double time, provided that these rates shall be based in each case on ordinary rates.

22.9 Shift work hours shall be worked between Monday and Friday inclusive provided that an ordinary night shift commencing before, and extending beyond midnight Friday, shall be regarded as a Friday shift.

22.10 Notwithstanding the foregoing provisions employees of (a) contractors and (b) subcontractors on civil engineering undertakings shall work shift work in accordance with the provisions of the following award as varied where they apply:

The Australian Workers' Union Construction and Maintenance Consolidated Award, 1975.

CLAUSE 23. INCLEMENT WEATHER

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23.1 Definition -Inclement Weather

'Inclement Weather' shall mean the existence of rain or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme of high temperature or the like of any combination thereof) by virtue of which it is either not reasonable or not safe for workmen exposed thereto to continue working whilst the same prevail.

23.2 Conference requirement and procedure

The employer, or his representative, shall, when requested by the employees or a representative of the employees, confer (within a reasonable period of time which should not exceed 30 minutes) for the purposes of determining whether or not conditions are inclement. Weather shall not be regarded as inclement unless it is agreed at such conference.

Provided that if the employer or his representative refuses to confer within such reasonable period, employees shall be entitled to cease work for the rest of the day and be paid inclement weather.

23.3 Restrictions on Payments

An employee shall not be entitled to payment for inclement weather as provided for in this clause unless he remains on the job until the provisions set out in this clause have been observed.

23.4 Entitlement to Payment

An employee shall be entitled to payment by his employer for ordinary time lost through inclement weather for up to 32 hours in every period of four weeks.

For the purpose of this subclause the following conditions shall apply:

(a) The first period shall be deemed to commence on 3 December 1984, and subsequent periods shall commence at four-weekly periods thereafter.

(b) An employee shall be credited with 32 hours at the commencement of each four-weekly period.

(c) The number of hours at the credit of any employee at any time shall not exceed 32 hours.

(d) If an employee commences employment during a four-weekly period he shall be credited 32 hours where he commences on any working day within the first week; 24 hours where he commences on any working day within the second week; 16 hours where he commences on any working day within the third week; and eight hours where he commences on any working day within the fourth week.

(e) No employee shall be entitled to receive more than 32 hours inclement weather payment in any period of four weeks.

(f) The number of hours credited to any employee under this clause shall be reduced by the number of hours for which payment is made in respect of lost time through inclement weather.

(g) Payment under this clause shall be weekly.

23.5 Transfers

Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site, or another site, which is not affected by inclement weather subject to the following:

(a) No employee shall be transferred to an area not affected by inclement weather unless there is work available in his trade.

(b) Employees may be transferred from one location on a site to work in areas which are not affected by conditions of inclement weather even though there may not be work for all employees in such areas.

(c) Employees may be transferred from one site to another site and the employer provides, where necessary, transport.

23.6 Completion of Concrete Pours and Emergency Work

(a) Except as provided in this subclause an employee shall not work or be required to work in the rain.

(b) Employees shall not be required to start a concrete pour in inclement weather.

(c) Where a concrete pour has been commenced prior to the commencement of a period of inclement weather employees may be required to complete such concrete pour to a practical stage and for such work shall be paid at the rate of double time calculated to the next hour, and in the case of wet weather shall be provided with adequate wet weather gear.

If an employee's clothes become wet as a result of working in the rain during a concrete pour he shall, unless he has a change of dry working clothes available, be allowed to go home without loss of pay.

(d) The provision of paragraph (c) herein shall also apply in the case of emergency work where the employees concerned and their delegate agree that the work is of an emergency nature and can start and/or proceed.

23.7 Cessation and Resumption of Work

(a) At the time employees cease work due to inclement weather the employer or his representative on site and the employees' representative shall agree and note the time of cessation of work.

(b) After the period of inclement weather has clearly ended the employees shall resume work and the time shall be similarly agreed and noted.

(c) Safety:

Where an employee is prevented from working at his particular function as a result of unsafe conditions caused by inclement weather, he may be transferred to other work in his trade on site, until the unsafe conditions are rectified. Where such alternative work is not available, and until the unsafe conditions are rectified, the employee shall remain on site. He shall be paid for such time without reduction of his inclement weather entitlement.

23.8 Additional Wet Weather Procedure

(a) Remaining on Site:

Where, because of wet weather, the employees are prevented from working:

(i) for more than an accumulated total of four hours of ordinary time in any one day; or

(ii) after the meal break, as provided in clause 16, for more than an accumulated total of 50 per cent of the normal afternoon work time; or

(iii) during the final two hours of the normal work day for more than an accumulated total of one hour, the employer shall not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances.

Provided that where, by agreement between the employer and/or his representative and the employees' representative the men remain on site beyond the periods specified above, any such additional wet time shall be paid for but shall not be debited against the employees' hours.

Provided further that wet time occurring during overtime shall not be taken into account for the purposes of this subclause.

(b) Rain at Starting Time

Where the employees are in the sheds, because they have been rained off, or at starting time, morning tea, or lunch time, and it is raining, they shall not be required to go to work in a dry area or be transferred to another site unless:

(i) the rain stops; or

(ii) a covered walk-way has been provided; or

(iii) the sheds are under cover and the employees can get to the dry area without going through the rain; or

(iv) adequate protection is provided. Protection shall, where necessary, be provided for the employees' tools.

Provided that, for the purposes of the clause, a 'dry area' shall mean a work location that has not become saturated by rain or where water would not drip on the employees.

CLAUSE 24. MEAL ALLOWANCE

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An employee required to work overtime for at least one and a half hours after working ordinary hours inclusive of time worked for accrual purposes as prescribed in Clause 16.1 or 22.4 shall be paid by his employer an amount of $9.90 to meet the cost of a meal.

Provided that this clause shall not apply to an employee who is provided with reasonable board and lodging or who is receiving a distant job allowance in lieu thereof as provided for in subclause 25.3(a) and is provided with a suitable meal.

CLAUSE 25. LIVING AWAY FROM HOME - DISTANT WORK

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25.1 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 usual place of residence that he cannot reasonably return to that place each night.

25.2 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 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.

25.3 Entitlement:

Where an employee qualifies under 25.1 above the employer shall either:

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

(b) pay an allowance of $338.60 per week of 7 days 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 $48.40.

Provided that the foregoing allowances 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 Board of Reference for determination; or

(c) in circumstances prescribed in 25.7, provide camp accommodation and messing constructed and maintained in accordance with 25.11.

'Reasonable board and lodging' shall mean lodging in a well kept establishment with 3 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.

25.4 Travelling Expenses:

An employee who is sent by his employer or selected or engaged by an employer or agent to go to a job which qualifies him to the provisions of this clause shall not be entitled to any of the allowances prescribed by Clause 15, of this award for the period occupied in travelling from his 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 8 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 at $9.90 per meal.

Provided that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues his employment within 2 weeks of commencing on the job and who does not forthwith return to his place of engagement.

(b) Return Journey:

An employee shall, for the return journey, receive the same time, fares and meal payments as provided in 25.4(a) above, together with an amount of $16.10 to cover the cost of transporting himself and his tools from the main public transport terminal to his usual place of residence.

Provided that the above return journey payments shall not be paid if the employee terminates or discontinues his employment within 2 months of commencing on the job, or if he 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.

25.5 Daily Fares Allowance:

An employee engaged on a job which qualifies him 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 fares allowance prescribed by Clause 15. Compensation for travel patterns, mobility requirements of employees and the nature of employment in the construction work covered by this award.

25.6 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 representative, no later than Tuesday of each week, of his intention to return to his usual place of residence for the weekend, shall be paid an allowance of $27.10 for each occasion.

(b) Paragraph (a) of this subclause shall not apply to an employee who is receiving the payment prescribed in subclause 25.3 in lieu of board and lodging being provided by the employer or who is receiving a camping allowance as prescribed in subclause 25.7(b).

(c) When an employee returns to his usual place of residence for a weekend or a part of a weekend and does not absent himself from the job for any of the ordinary working hours, no reduction of the allowance prescribed in 25.3(b) shall be made.

25.7 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 25.3 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 25.11.

(b) Camping Allowance:

An employee living in a construction camp where free messing is not provided shall receive a camping allowance of $135.60 for every complete week he is available for work. If required to be in camp for less than a complete week he shall be paid $19.50 per day including any Saturday or Sunday if he 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.

25.8 Rest and Recreation:

(a) Rail or Road Travel:

An employee who proceeds to a job which qualifies him to the provisions of this clause, may, after 2 months continuous service thereon and thereafter at 3 monthly periods of continuous service thereon, return to his usual place of residence at the weekend. If he does so, he shall be paid the amount of a bus or second class return railway fare to the bus or railway station nearest his usual place of residence on the pay day which immediately follows the date on which he 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 2 or 3 months as hereinbeforementioned, then the provisions of this subclause shall not be applicable.

(b) Air Travel:

(i) Notwithstanding any other provisions contained in (a) above, and in lieu of such provisions, the following conditions shall apply to an employee who qualifies under 25.1 above and where such construction work is located north of Port Augusta or in any other area to which air transport is the only practicable means of travel, an employee may return home after 4 months continuous service and shall in such circumstances be entitled to 2 days leave with pay in addition to the weekend. Thereafter the employee may return to his usual place of residence after each further period of 4 months continuous service, and in each case he shall be entitled to 2 days leave of which one day shall be paid leave.

Payment for leave and reimbursement for any economy air fare paid by the employee shall be made at the completion of the first pay period commencing after the day of return to the job.

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 such period of 4 months as hereinbeforementioned, then the provisions of this paragraph shall not be applicable.

(c) Limitation of Entitlement:

An employee shall be entitled to either paragraph (a) or paragraph (b) herein and such option 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 2 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 2 months later. (Proof of such written notice shall lie with the employer).

(d) 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 26.6. Annual Leave, continuous service provisions.

(e) Variable Return Home:

In special circumstances, and by agreement with the 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.

(f) 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.

25.9 Alternative Paid Day Off Procedure:

If the employer and the employee so agree in writing, the paid rostered day off as prescribed in Clause 16.1. Hours of Work, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in subclause 25.8 herein, or at the end of the project, or on termination whichever comes first.

25.10 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.

25.11 Construction Camp Standards:

(a) Construction Camps, as referred to in Clause 25.7 of this award, 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 man 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 provision 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. Provision 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 for a choice of meals.

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

CLAUSE 26. ANNUAL LEAVE

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26.1 Period of Leave

Subject to the provisions of subclauses 26.2, 26.4 and 26.5 of this clause, a period of 28 consecutive days, exclusive of any public holidays occurring during the period, shall be given and taken as leave annually to all employees, other than casual employees, after 12 months continuous service (less the period of annual leave) with an employer.

Provided that where a rostered day off, as prescribed in clause 16.1 or 22.4, falls during the period Annual Leave is taken, payment of accrued entitlements for such day shall be made in addition to Annual Leave payments prescribed in subclause 26.7.

26.2 Method of Taking Leave

(a) Either 28 consecutive days, or two separate periods of not less than seven consecutive days in all cases exclusive of any public holidays occurring therein, shall be given and taken within six months from the date when the right to annual leave accrued.

(b) Where an employee requests that leave be allowed in one continuous period such request shall not be unreasonably refused. In the event of lack of agreement between the parties the matter shall be referred to a Board of Reference for decision.

(c) In the circumstances where a public holiday falls within one day of a weekend or another public holiday the provision of 26.2 (a) may be altered by agreement between the employer and a majority of employees affected under this Award to provide that a day of annual leave entitlement may be granted on the day between the said public holidays and/or weekend if an employee, or employer, requests it.

(d) Where annual leave is proposed to be given and taken in two periods, one of which is to be in conjunction with the Christmas and New Year holidays, representatives of the employers and employees, parties to this Award, shall meet not later than 31 July in each year in order to fix the commencing and finishing dates for the following Christmas-New Year period of leave. Where no agreement can be reached between the representatives the matter shall be referred to the Commission for determination.

26.3 Leave Allowed before Due Date

(a) An employer may allow an employee to take his annual leave prior to the employee's right thereto. In such circumstances the qualifying period of further annual leave shall not commence until the expiration of 12 months in respect of which the leave so allowed was taken.

(b) Where an employer has allowed an employee to take his annual leave pursuant to subclause (a) hereof and the employee's services are terminated (by whatsoever cause) prior to the employee completing the 12 months continuous service for which leave was allowed in advance, the employer may for each complete week of the qualifying period of 12 months not served by the employee, deduct from whatever remuneration is payable upon the termination of the employment 1/52 of the amount of wages paid on account of the annual leave.

(c) Notwithstanding anything contained in this subclause an employee who has worked for 12 months in the industry with a number of different employers without taking annual leave shall be entitled to take annual leave and be paid 1/12 of an ordinary weeks wages in respect of each completed 40 hours of continuous service with his current employer.

26.4 Proportionate Leave on Termination

Where an employee has given five working days or more continuous service, inclusive of any day off as prescribed by Clause 16.1 (a) or Clause 22.4 (excluding overtime), and he either leaves his employment or his employment is terminated by the employer he shall be paid 1/12 of an ordinary week's wages in respect of each completed five working days of continuous service with his current employer for which leave has not been granted or paid for in accordance with this Award.

26.5 Broken Service

Where an employee breaks his continuity of service by an absence from work for any reason other than a reason set out in 26.6 hereof, the amount of leave to which he would have been entitled under 26.1 hereof shall be reduced by 1/48 for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which he would have been entitled under 26.4 hereof shall be reduced by 1/12 of a week's pay for each week or part thereof during which any such absence occurs.

Provided, however, that no reduction shall be made in respect of any absence unless the employer informs the employee in writing of his intention so to do within 14 days of termination of the absence.

26.6 Calculation of Continuous Service

For the purposes of this clause service shall be deemed to be continuous notwithstanding an employee's absence from work for any of the following reasons:

(a) illness or accident up to a maximum of four weeks after the expiration of paid sick leave;

(b) bereavement leave;

(c) jury service;

(d) injury received during the course of employment and up to a maximum of 26 weeks for which he received workers compensation;

(e) where called up for military service for up to three months in any qualifying period;

(f) long service leave;

(g) if any reason satisfactory to the employer or in the event of dispute to the appropriate Board of Reference. Provided that the reason shall not be deemed satisfactory unless the employee has informed the employer within 24 hours of the time when he was due to attend for work or as soon as practicable thereafter of the reason for the absence and probable duration thereof.

26.7 Leave Payment

(a) Payment for period of leave

Each employee, before going on leave, shall be paid in advance the wages which would ordinarily accrue to him during the currency of the leave.

(b) Annual Leave Loading

In addition to the payment prescribed in paragraph (a) hereof an employee shall receive during a period of annual leave a loading of 17 1/2 per centum calculated on the rates, loadings, and allowances prescribed by Clauses 9, 10, 11 and 15, and leading hand rates as prescribed by Clause 9 if applicable. The loading prescribed above shall also apply to proportionate leave on lawful termination.

26.8 Service under Previous Award

For the purposes of calculating annual leave the service of the employee prior to the operative date of this Award shall be taken into account but an employee shall not be entitled to leave (or payment in lieu thereof) for any period in respect of which leave (or payment in lieu thereof) has been allowed or made under any previous Awards (as rescinded upon the making of this award).

26.9 Annual Close Down

Notwithstanding anything contained in this Award an employer giving any leave in conjunction with the Christmas-New Year holidays may, at his option, either:

(a) stand off without pay during the period of leave any employee who has not yet qualified under 26.1 hereof, or

(b) stand off for the period of leave any employee who has not qualified under 26.1 hereof and pay him (up to the period of leave then given) at a rate of 1/12 of an ordinary week's wages in respect of each 38 hours continuous service (excluding overtime).

Provided that where an employer at his option decides to close down his establishment at the Christmas-New Year period for the purpose of giving the whole of the annual leave due to all, or the majority of his employees then qualified for such leave, he shall give at least two months notice to his employees of his intention so to do.

26.10 Commencement of Leave -Distant Jobs

If an employee is still engaged on a distant job when annual leave is granted and the employee returns to the place of engagement, or if employed prior to going to country work the place regarded as his headquarters, by the first reasonable means of transport his annual leave shall commence on the first full working day following his return to such place of engagement or headquarters as the case may be.

26.11 Prohibition of Alternative Arrangements

An employer shall not make payment to an employee in lieu of his annual leave or any part thereof except as is provided for in this clause and no contract, arrangement, or agreement shall annul, vary, or vititate the provisions of this clause whether entered into before or after the commencement of this Award.

26.12 Illness during period of Annual Leave

(a) Where an employee, other than a casual employee is ill, while on annual leave and the illness is such as would, if he were not on annual leave, have rendered him unable to attend at his place of employment for a period of not less than three consecutive days, the employee shall, subject to compliance with the terms and conditions prescribed by clause 27 hereof, be granted paid sick leave by his employer not exceeding the sick leave credit of the employee.

(b) Leave granted to an employee under placitum (a) hereof shall not count as annual leave, but the said leave shall be debited against the sick leave credit of the employee to whom it is granted.

(c) The annual leave in credit arising from this subclause shall be taken at a time which is agreed upon between the employer and the employee and shall not be subject to the provisions of subclause 26.2 (a) and 26.7 (b) of this Award.

CLAUSE 27. SICK LEAVE

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(i) Every full-time employee who is unable to attend or remain working at his place of employment by reason of illness and who complies with the conditions prescribed by paragraph (ii) hereof shall be granted by his employer paid leave not exceeding the sick leave credit of that employee computed in accordance with this subclause.

(ii) The said leave shall be granted and the employee shall be entitled to pay in respect thereof on compliance with the following conditions -

(a) within 24 hours after the commencement of the absence the employee shall inform his employer of his inability to attend for duty and, as far as practicable, of the nature of the illness and the estimated duration of the absence; and (b) if so required by his employer, the employee shall produce to the employer a medical certificate or other reasonable evidence to prove that he was unable to attend for duty on the day or days in respect of which he claims sick leave.

(iii) For the purposes of this clause the word 'illness' includes personal injury but does not include any injury for which compensation is payable under the Workers Compensation Act, 1971, as amended.

(iv) For the purpose of paragraph (i) of this subclause the sick leave credit of an employee with an employer shall be determined by adding to the accumulation of the sick leave, if any, standing to the credit of that employee with that employer, (pursuant to this or any other award or industrial agreement relating to the industry of the occupations to which this award relates) immediately before 4 January 1973, the amount of leave that the employee is entitled to be granted by the employer pursuant to this clause, and deducting from the total so obtained the amount of sick leave that has, pursuant to this clause, been so granted by the employer.

(v) In the first year of service with an employer that follows 4 January 1973, a full-time employee shall be entitled to a grant of leave by that employer on his normal rate of pay under this award on the basis of 1/26 of the weekly ordinary hours of work, for each week of service, and in the succeeding years of continuous service with that employer, such an employee shall, on or after the commencement of each such year, be entitled to a grant of leave under this clause by that employer equal to ten days of his normal rate of pay under this award.

(vi) In respect of:

(i) the first year of service with an employer that follows 4 January 1973, a full-time employee shall be entitled to a grant of leave on full pay under this clause by that employer of 1.54 hours per week; and

(ii) Provided further that as from 24 May 1982, a full-time employee shall be entitled to a grant of leave on full pay under this clause by that employer of 1.46 hours per week.

(iii) the succeeding years of continuous service with that employer, such an employee shall, on or after the commencement of each such year, be entitled to a grant of leave under this clause by that employer equal to 76 hours on full pay.

(vii) In the calculation of the quantum of leave at the commencement of each succeeding year (see subclause (e)(i) and (ii) hereof) of continuous service the hours then worked by the employee or which are agreed to be worked, each week shall be the basis of the calculation.

(viii) Sick leave shall accumulate from year to year so that any balance of the period specified which has in any year not been allowed to an employee may be claimed in a subsequent year.

(ix) At the completion of the employee's first 12 months of service or on the termination of the employee's services by the employer (except for misconduct which would justify instant dismissal) or by the employee after giving proper notice, if such occurs during such period, an employee shall be paid for any absence for which he has not been paid pursuant to this subclause to the extent that he subsequently became entitled to be paid during the first year of service.

CLAUSE 28. BEREAVEMENT LEAVE

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An employee shall on the death within Australia of a wife, husband, father, mother, brother, sister, child, stepchild, mother-in-law or father-in-law, be entitled on notice to leave up to and including the day of the funeral of such relation, and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days of work.

Proof of such death shall be furnished by the employee to the satisfaction of his employer.

Provided that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of leave.

For the purposes of this clause the words 'wife' and 'husband' shall include a person who lives with the employee as a de facto wife or husband.

Provided further that, with the consent of the employer, which consent shall not be unreasonably withheld, an employee shall, in addition to this entitlement to paid bereavement leave, be entitled to reasonable unpaid bereavement leave up to ten working days in respect of the death within Australia or overseas of a relation to whom the clause applies, and that any dispute as to the granting of unpaid bereavement leave may be referred to a Board of Reference.

CLAUSE 28A. FAMILY LEAVE

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(a) Subject to the terms of the Industrial and Employee Relations Act 1994; employees are entitled to Family Leave. The leave provisions are set out in Schedule 5 of the Act and include Maternity Leave, Adoption Leave and Paternity Leave.

(b) Subject to the provisions of the Schedule an employee may work part-time in connection with the birth or adoption of a child.

(c) The provisions of the Act require an employer to notify an employee of their rights to the various forms of leave on becoming aware that an employee, or an employee's spouse is pregnant, or that an employee is adopting a child. An employer bound by this Award shall display a copy of Schedule 5 in a prominent place.

CLAUSE 28B. TRADE UNION TRAINING LEAVE

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(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 5 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 purposes of this clause an "accredited representative of the union" shall mean a job steward recognised by the employer in accordance with clause 38 of this award.

(c) The following scale shall apply:

(d) The application for leave shall be given to the employer at least 6 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 the time for which the leave is sought (including course dates and the daily commencing and finishing times), and

(iii) The title, general description and 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 payment's where applicable.

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

(i) An employee on request by their employer shall provide proof of their attendance at any course within 7 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 moneys due to the employees.

(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 provisions of clause 27 of this award.

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

(l) 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.

CLAUSE 29. TIME RECORDS

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Each employer shall keep a record, from which can be readily ascertained the name of each employee and his classification, the hours worked each day, and the wages and allowances paid each week. The time and wages records shall be open for inspection to a duly accredited Union official during the usual office hours, at the employer's office, or other convenient place.

Provided that:

(a) an inspection shall not be demanded unless the State Secretary of the relevant Union suspects that a breach of this Award has been committed;

(b) that the employer shall record the location of the job if it is outside the radius specified in Clause 15. Compensation for Travel Patterns etc.

CLAUSE 30. PROTECTION OF EMPLOYEES

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30.1 The employer shall comply with the provisions of the Industrial Safety Health and Welfare Act, 1972, as amended, concerning the installation and maintenance of guards for machinery.

30.2 Suitable asbestos sheets and/or coloured glasses shall be provided by the employer for the protection of employees working at oxyacetylene or electric arc welding.

30.3 Where electric arc operators are working, suitable screens shall be provided in order to protect employees from flash, in accordance with the provisions of the Industrial Safety Health and Welfare Act, 1972, as amended.

30.4 The employer shall provide gas masks for employees engaged upon work where gas is present, in accordance with the provisions of the Industrial Safety Health and Welfare Act, 1972, as amended.

30.5 Employees employed on refractory brickwork shall be x-rayed, if they so require, at the employer's expense and in his time, once in each period of six months.

30.6 Employees working in tuberculosis hospitals and homes shall, if a request is made by them, be x-rayed at the employer's expense and in his time, on termination of employment at such tuberculosis hospital or home or each six months, whichever is the sooner.

30.7 An employee shall not be required to use a roller in excess of 30.5 centimetres in width on the painting of ceilings or walls.

30.8 An employee shall not raise or lower a swinging scaffold (other than a bosun's chair) alone and an employer shall not require an employee to raise or lower a swinging scaffold alone.

30.9 An employee shall not be required to carry paint or other materials, the property of the employer, from job to job. By arrangement, brushes may be taken to and from a job by the employee. This provision shall not apply where paint or materials are carried to or from a job in a vehicle belonging to the employer.

30.10 The employer shall provide sufficient facilities for washing and five minutes shall be allowed before lunch and before finishing time to enable employees to wash and put away gear.

30.11 No employee shall be required to use a paint brush exceeding 12.7 centimetres in width or 227 grams in weight or a kalsomine brush exceeding 20.3 centimetres in width.

30.12 Hand protective paste - every employer of painter, signwriter, plasterer or glazier employees shall at the request of any such employee provide hand protective paste for the use of such employee.

30.13 The employer shall observe the following procedures when employees are required to use toxic substances covered by 12.1(j). Where there is an absence of adequate natural ventilation the employer shall provide ventilation by artificial means and supply an approved type of respirator and/or an approved type of hood with airline attached and in addition the employer shall supply protective clothing as approved by the Health Department; proper washing facilities together with towels, soap and a plentiful supply of hot water shall be available when required.

Where an employer is using materials of the types mentioned in this subclause and such work continues to his meal break he shall be entitled to take washing time of ten minutes immediately prior to his meal break. Where this work continues to the ceasing time of the day or is finalised at any time prior to the ceasing time of the day, washing time of ten minutes shall be granted. The washing time break or breaks shall be counted as time worked.

CLAUSE 31. AMENITIES

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The employer shall provide reasonably accessible boiling water at meal times and rest periods and cool, clean drinking water shall be provided at all times in accordance with the Industrial Safety Health and Welfare Act, 1972, as amended.

CLAUSE 32. FIRST-AID EQUIPMENT

OPDATE 30:09:2003 1st pp on or after

(1) A first-aid kit, such as is required by the Occupational Safety, Health and Welfare Act, 1986, shall be provided and maintained by the employer on each job.

(2) An employee who is a qualified first-aid man and is appointed by his employer to carry out first-aid duties in addition to his usual duties shall be paid an additional rate of $1.96 per day.

CLAUSE 33. SPECIAL TOOLS AND PROTECTIVE CLOTHING

OPDATE 30:09:2003 1st pp on or after

33.1 Special Tools and Protective Clothing

The employer shall provide the following tools and protective clothing when they are required for the work to be performed by the employees:

(a) Bricklayers
Scutch Combs
Hammers (excepting mash and brick hammers)
Rubber Mallets
'T' Squares.

(b) Carpenters and Joiners
Dogs and Cramps of all descriptions
Bars of all descriptions
Augers of all sizes
Star Bits and Bits not ordinarily used in a brace
Hammers (except claw hammers)
Glue Pots and Glue Brushes Dowell Plates
Trammels
Hand and Thumb Screws
Spanners
Soldering Irons.

(c) Plasterers

(i) The employer shall supply all floating rules, trammels, centres, buckets and sieves. Stands for plasterers' mortar boards not less than 750mm from the ground or where practicable and safe from a scaffold level shall be provided for the plasterer by the employer when requested.

(ii) Plasterers shall be provided with overalls when required to brush on to walls and ceilings, bondcrete, plasterweld or similar substances.

(iii) The approved brush and roller to perform the work in paragraph (i) of this subclause shall be provided by the employer.

33.2 Special conditions to apply to bricklayers engaged on construction or repairs to refractory brickwork:

Supply of Overalls, Gloves, Boots.

(a) Gloves shall be supplied when employees are engaged on repair work and shall be replaced as required, subject to employees handing in the used gloves.

(b) Boots shall be supplied upon request of the employee after 6 weeks employment, the cost of such boots to be assessed at $62.60 and employees to accrue credit at the rate of $3.10 per week.

Employees leaving or being dismissed before 20 weeks employment shall pay the difference between the credit accrued and the $62.60. The right to accrue credit shall commence from the date of request for the boots.

In the event of boots being supplied and the employee not wearing them while at work, the employer shall be entitled to deduct the cost of the boots if the failure to wear them continues after one warning by the employer. Upon issue of the boots, employees may be required to sign the authority form in or to the effect of the Annexure to this clause. Boots shall be replaced each 6 months, dating from the first issue.

(c) Where necessary, when bricklayers are engaged on work covered by 12.1(m) and 12.1(n) of Clause 12. Special Rates, overalls will be supplied upon request of the employee and on the condition that they are worn while performing the work.Annexure to Clause 33.2 The employee claiming the supply of boots in accordance with paragraph (b) of this subclause may be required to sign a form giving an authority to the employer in accordance with the following:

Deduction Form, acknowledge receipt of one pair of boots provided in accordance with the provisions subclause 33.2 of this award. Should the full cost of the boots ($62.60) not be met by accumulation of credit (at the rate of $3.10 per week) from...........................................

I authorise deductions from any moneys due to me by my employer ......................................................of an ...................................................amount necessary to meet the difference between the credit accrued and $62.60.

Signed...................................................... Date

33.3 All Employees.

(a) All power tools and steel tapes over 6 metres.

(b) Gloves, and at the request of the employee, hand protective paste, shall be provided by the employer for employees engaged in handling hot bitumen, creosote, oiled formwork and in washing down brickwork.

(c) If in the course of his employment an employee is required to use muriatic acid he shall be provided with protective clothing.

(d) The employer shall make available for the use of carpenters and joiners, during working hours, a suitable grindstone or wheel together with power (hand or mechanically driven) for turning it. If a grindstone or wheel is not made available the employer shall pay to each carpenter or joiner $4.90 per week in lieu of same.

(e) An employer shall provide on all construction jobs in towns and cities, and elsewhere where reasonably necessary and practicable, (or if requested by the employee) a suitable and secure waterproof lock-up solely for the purpose of storing employees' tools, and on multi-storey and major project jobs the employer shall provide, where possible, a suitable lock-up for employees' tools within a reasonable distance of the work area of large groups of employees.

CLAUSE 34. COMPENSATION FOR CLOTHES AND TOOLS

OPDATE 30:09:2003 1st pp on or after

34.1 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 upon between him and his employer or, in default of agreement, as may be fixed by the appropriate Board of Reference.

34.2 (a) An employee shall be reimbursed by his employer to a maximum of $1,283.00 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 as provided in this award or if the tools are lost or stolen while being transported by the employee at the employer's direction, or if the tools are accidently lost over water or if tools are lost or stolen during an employee's absence after leaving the job because of injury or illness.

Provided that an employee transporting his own tools shall take all reasonable care to protect those tools and prevent theft or loss.

(b) Where an employee is absent from work because of illness or accident and has advised the employer in accordance with Clause 27. Sick Leave, the employer shall ensure that the employee's tools are securely stored during his absence.

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

34.4 Provided that for the purpose of this clause:

(a) Only tools used by the employee in the course of his employment shall be covered by this clause.

(b) The employee shall, if requested to do so, furnish the employer with a list of tools so used.

(c) Reimbursement shall be at the current replacement value of new tools of the same or comparable quality.

(d) The employee shall report any theft to the police prior to making a claim on the employer for replacement of stolen tools.

CLAUSE 35. PAYMENT OF WAGES

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35.1 Pay Day and Methods:

(a) All wages, allowances and other moneys due shall be paid in cash not later than the cessation of ordinary hours of work on Thursday of each working week.

(b) Provided that in any week in which a holiday falls on a Friday wages accrued shall be paid on the previous Wednesday and provided further that when a holiday occurs on any Thursday wages accrued may be paid on the following Friday. Nothing shall prevent any alternative mutual arrangement between an employer and an employee.

(c) The employer shall not keep more than two days wages in hand.

35.2 Payment On Termination:

When notice is given in accordance with Clause 37. Termination of Employment, all moneys due to the employee shall be paid at the time of termination; where this is not practicable the provisions of 35.6 and/or 35.7 of this clause shall apply.

35.3 Payment During Inclement Weather:

Where, on any pay day, work ceases for the day because of inclement weather an employee shall be paid all wages, allowances and other moneys due without undue delay.

35.4 Waiting Time Penalties:

An employee kept waiting for his wages on pay day for more than a quarter of an hour after the usual time of ceasing work shall be paid at overtime rates after that quarter hour with a minimum of a quarter of an hour.

37.5 Pay Packet Details:

Particulars of details of payment to each employee shall be included on the envelope including the payment, or in a statement handed to the employee at the time payment is made and shall contain the following information:

(a) Date of payment.

(b) Period covered by such payment.

(c) The amount of wages paid for work at ordinary rates.

(d) The number of hours paid at overtime rates and the amount paid therefore.

(e) The amount of allowances or special rates paid and the nature thereof.

(f) The gross amount of wages and allowances paid.

(g) The amount of each deduction made and the nature thereof.

(h) The net amount of wages and allowances paid.

(i) Any annual holiday payments.

35.6 Employee Terminating:

Where an employee gives notice in accordance with Clause 37. Termination of Employment, and moneys due are not paid on termination the employer shall have two working days to send moneys due by registered post provided that if the moneys are not posted within that time then time spent waiting beyond the two working days shall be paid for at ordinary rates, such payment to be at the rate of eight hours per day up to a week's pay when the right to waiting time shall terminate.

35.7 Employer Terminating -Daily Penalties:

Where an employer gives notice in accordance with Clause 37. Termination of Employment, all moneys due shall be paid at termination; where this is not practicable the employer shall forward the moneys due by registered post within two working days of termination and shall pay waiting time up to the time of posting at the rate of eight hours ordinary time per day up to a maximum of one week's pay.

CLAUSE 36. PRESENTING FOR WORK BUT NOT REQUIRED

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A new employee, if engaged and presenting for work to commence employment and not being required shall be entitled to at least eight hours work or payment therefore at ordinary rates, plus the appropriate allowance prescribed by Clause 15. Compensation for Travel etc. of this Award.

Provided that this clause shall not apply if the services of an employee are not required by reason of inclement weather in which case the provisions of Clause 23. Inclement Weather Weather -shall apply.

CLAUSE 37. TERMINATION OF EMPLOYMENT

OPDATE 19:10:89 1st pp on or after

1. Subject to Clause 38 (Job Steward) one day's notice of termination of employment shall be given on either side or one day's pay shall be paid or forfeited.

2. Subject to the Termination provisions of Clause 25 'Living Away from Home - Distant Work',notice given at or before the usual starting time of any ordinary working day shall be deemed to expire at the completion of that day's work.

3. A tradesperson shall be allowed one hour prior to termination to gather, clean, sharpen, pack and transport his/her tools.

4. The employer shall provide to the employees a written statement specifying the period of his/her employment and the classification of or the type of work performed by the employee.

5. Nothing in this clause shall affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty.

6. (a) Termination of employment by an employer shall not be harsh, unjust or unreasonable.

(b) For the purposes of this clause, termination of employment shall include termination with or without notice.

(c) Without limiting the above except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.

(d) Provided that any dispute or claim arising out of sub- clause (a), (b) and (c) hereof shall be dealt with in accordance with the Dispute Settlement Procedures contained within this Award.

CLAUSE 38. JOB STEWARDS

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

38.2 Prior to dismissal or transfer two days notice shall be given to any job steward and his 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 service of the job steward, he shall remain on the job during which time the Board of Reference as provided in clause 46 hereof shall deal with the matter.

The appropriate Union shall, within three working days of notifying the management that it disputes the decision to transfer or terminate the Job Steward, request the Registrar or Deputy Registrar in writing to appoint a Board of Reference to deal with the matter.

The Union and the employer shall do all things necessary to enable the Board to sit within 10 working days of the Management decision to transfer or terminate the Job Steward. If the Board cannot sit within 10 working days because of the employer's failure to nominate representatives, or their unavailability to sit on the Board, the decision to transfer or terminate the Job Steward shall be null and void.

If the Board cannot sit within 10 working days because of the Unions failure to nominate representatives, or their unavailability to sit on the Board, the Job Steward's transfer or termination shall automatically take effect at the expiry of the period of 10 working days.

Provided that nothing in this subclause shall prevent the parties proceeding by agreement to have the matter settled by the Commission.

CLAUSE 39. RIGHT TO DEDUCT PAY

OPDATE 1:1:85 on and from

The employer may deduct payment for any day upon which an employee cannot be usefully employed because of any strike by, or participation in any strike by, members of the Union; or because of any strike by any members of the Union employed by the employer; or because of any strike by, or participation in any strike by, any other Union, Organisation or Association or by any branch thereof or by any members thereof who are employed by the employer; or because of any stoppage of work (other than for inclement weather within the allowance prescribed by clause 23) for any cause, including breakdown of machinery or failure or lack of power, for which cause the employer is not responsible.

CLAUSE 40. POSTING OF AWARD

OPDATE 1:1:85 on and from

A copy of this Award, with all variations thereof, shall be posted and kept posted by the employer in a prominent place on the employer's premises accessible to the employees.

CLAUSE 41. POSTING OF NOTICES

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An employer shall not prevent an official of the Union authorised in writing in that behalf, from posting on an employer's premises or job a copy of any official notice of the Union provided such notice is of reasonable size.

CLAUSE 42. RIGHT OF ENTRY

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42.1 The State Secretary or any other duly accredited representative of the relevant Union shall, on production of his authority to the employer or his representative, have the right to enter any place or any premises where employees are employed at any time, during normal working hours or when overtime is being worked, for the purpose of interviewing employees, checking overtime is being worked, for the purpose of interviewing employees, checking on wage rates, award breaches or safety conditions or regulations so long as they do not unduly interfere with the work being performed by any employee during working time.

42.2 A representative of the Union shall be a duly accredited representative if he is the holder for the time being of a certificate signed by the General Secretary of that Organisation and bearing the seal of that Organisation in the following form, or in a form not materially differing therefrom:

This is to certify that. ......................................................... (name of Organisation) is a duly accredited representative of the abovenamed Organisation for all purposes of this Award made under the Industrial and Employee Relations Act 1994.

(Seal)..........................................General Secretary

Specimen signature of Holder,
Strictly not transferable.

CLAUSE 43. JURY SERVICE

OPDATE 14:09:89 1st pp on or after

An employee required to attend for jury service shall be entitled to have his pay made up by the employer to equal his ordinary pay as for eight hours, (inclusive of accrued entitlements prescribed by sub-clause 16.1 or 22.4), per day plus fares whilst meeting this requirement. The employee shall give his employer proof of such attendance and the amount received in respect of such jury service.

CLAUSE 44. BOARD OF REFERENCE

OPDATE 1:1:85 on and from

(a) A board of Reference is hereby appointed for the purposes of this award.

(b) Such Board shall be constituted of the Commissioner to whom the industry to which this award relates, has been assigned or to a Commissioner appointed by the President of the Industrial Relations Commission of South Australia.

(c) The functions of the Board of Reference shall be to deal with those matters specifically assigned to it by this award.

(d) A decision of the Board of Reference shall be binding upon the parties before the Board; provided that any party to the award or an employee concerned may appeal against a decision or order of the Board of Reference in the manner provided by section 208 of the Industrial and Employee Relations Act 1994.

CLAUSE 45. APPRENTICESHIP

OPDATE 30:09:2003 1st pp on or after

45.1 Pursuant to the provisions of the Industrial and Commercial Training Act, 1981, as amended and in accordance with the provisions of this Award an employer shall not undertake to train a person to any vocation or classification other than the following nor otherwise than under a contract of training (indenture of apprenticeship):

Bricklaying Carpentry and/or Joinery
Glazing
Painting and Decorating and/or Signwriting Plastering (Solid and/or Fibrous)
Roof Tiling
Stone Masonry and/or Carving and/or Letter Cutting
Tiling (Wall and Floor)

45.2 Except where inconsistent with the Industrial and Commercial Training Act, 1981, as amended, the general provisions of this Award shall apply to apprentices employed on work within the scope of this Award and in particular the following provisions shall so apply:

(a) The proportion of apprenticed junior employees to journeymen shall not exceed two to three or a fraction of three after any full multiple of three.

(b) (i) Rates of Pay: The minimum ordinary rate of pay to be paid to apprentices shall be in accordance with the percentages set out in the table herein applied to the sum of the appropriate tradespersons weekly base rate, supplementary payment and arbitrated safety and net adjustment prescribed in Clause 9.2 Weekly Award Rates and the special allowance prescribed in Clause 9.4 Special Allowance.

The foregoing minimum rates shall be calculated in multiples of 10 cents per week, any fraction not exceeding 5 cents to be disregarded.

(ii) In addition to the above rate apprentices shall receive the appropriate amounts prescribed in Clause 10. Industry Allowance and Underground Allowance, and Clause 11. Tool Allowance, as part of the ordinary weekly wage for all purposes.

Provided that 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 the kit of tools is reimbursed.

In the event of an apprentice being dismissed or leaving his 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 tools at the originally nominated value to the amount still owing.

(c) An employee who is under 21 years of age on the expiration of his apprenticeship and thereafter works as a minor in the occupation to which he has been apprenticed, shall be paid the adult rate for that classification. Adult rate for the purpose of this subclause means the appropriate rate of pay prescribed in clause 9 of this Award.

(d) (i) Should an apprentice at the time of being apprenticed produce a certificate from a technical school that he has attended a technical school in two of the three following subjects, viz.: building construction, joinery or architecture, for one year prior to being apprenticed, the employer will pay to the apprentice a further sum of 44 cents per week in addition to the wages prescribed by 45.2 (b) hereof.

(ii) Should an apprentice during the third or any subsequent year of his apprenticeship produce a certificate from the examiners that he has attended a two- year course and passed an examination at a technical school in two out of the three following subjects, viz.: building construction, joinery or architecture, he shall be entitled to be paid an additional sum of 43 cents per week in addition to the wages prescribed at 45.2 (b) hereof and in addition to the 44 cents prescribed in 45.2 (d)(i) hereof, where applicable for the remainder of his apprenticeship.

(iii) Should an apprentice attain a pass at credit standard for the first annual examination in the required course of instruction at a College of Technical and Further Education he shall receive the sum of $1.61 per week additional to the rates prescribed in this clause. Should he receive a pass at credit standard in his second annual examination in the course he shall receive $1.82 per week additional to the rates prescribed in this clause for the next following year of his apprenticeship. For a similar pass in any subsequent annual examination, he shall receive $2.07 per week additional to the rates prescribed in this clause for the next following year of his apprenticeship.

CLAUSE 46. SETTLEMENT OF DISPUTES

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46.1 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 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.

46.2 If not settled at this stage, the matter shall be formally submitted by the State Secretary of the Union to the Employer.

46.3 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.

46.4 If the matter is still not settled, it shall be submitted to the Commission.

46.5 Where the above procedures 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.

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

46.7 This clause shall not apply to any dispute as to a bona fide safety issue.

46.8 In connection with any dispute concerning a job steward this clause shall be subject to the provisions of subclause 38.1 of this Award.

CLAUSE 47. FEDERAL AWARD NEXUS

OPDATE 01:01:1985 on and from

(a) The wages and conditions of this Award are directly related to the National Building Trades Construction 2 years or more but 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay Award of the Australian Conciliation and Arbitration Commission.

(b) The wage rates and conditions contained in this Award shall only be varied upon application to this Commission to reflect changes which have been made to the accepted parent award unless the Commission is satisfied that the nexus with the Federal award is no longer appropriate or desirable or that special and significant circumstances exist which warrant a departure from the parent award may be made where the parties bound by the award agree that a variation should be made to reflect conditions as may be expressed in the Industrial and Employee Relations Act 1994.

(c) Notwithstanding the provisions of paragraph (b) hereof, the Union, party to this Award and the Public Service Board shall be at liberty to negotiate any matter peculiar to the employment of persons to whom the Award applied, which from time to time arises.

CLAUSE 48. NO EXTRA CLAIMS

OPDATE 01:09:88 1st pp on or after

It is a term of this Award (arising from the decision of the South Australian Industrial Commission in the State Wage Case of 31 August 1988, the terms of which are set out in Print I. 68 of 1988) that the Amalgamated Society of Carpenters and Joiners of Australia (South Australian Branch) undertakes until 1 July 1989, not to pursue any extra claims, award or overaward, except when consistent with the State Wage Principles.

CLAUSE 49. REDUNDANCY

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(a) Definition

"Redundancy" means a situation where an employee ceases to be employed by an employer, bound by 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 any service prior to 22 March, 1989 shall not be counted as service unless the employee is made redundant by the employer.

Period of Continuous service Redundancy with an employer /Severance Pay 1 year or more but less than 2 years 2.4 weeks pay plus, for all service in excess of 1 year, less than 3 years 4.8 weeks pay plus, for allservice in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay 3 years or more but less than 4 years 7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to maximum of 8 weeks pay 4 years or more 8 weeks' pay

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

(c) Definition of a week's pay

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

(d) Death of an Employee

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) Apprentices and Casual Employees

(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 twelve months.

(f) Redundancy Funds

An employer bound by this award may utilize a fund to meet all or some of the liabilities created by this clause. Where an employer utilizes 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 date of this award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called the "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 of the employee 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.

CLAUSE 50. SUPERANNUATION

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50.1 Definitions

(a) "Eligible Employee" shall mean any employee who has been employed under this award by the Employer during at least five consecutive days and who has worked a minimum of 40 hours during that period. After completion of the above qualifying period, superannuation contributions shall then be made in accordance with subclause 50.2 hereof effective from the commencement of that qualifying period.

(b) "Fund" means a Superannuation Fund as defined in the Occupational Superannuation Standards Act 1987 and satisfying the superannuation fund conditions in relation to a year of income, as specified in that Act and complying with the operating standards as prescribed by the Regulations made under the Act. In the case of a newly established Fund, the term shall include a Superannuation Fund that has received a notice of preliminary listing from the Insurance and Superannuation Commissioner.

(c) "Ordinary Time Earnings" shall mean the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowance, industry allowance, registration allowance, trade allowance, shift loading and leading hand, in charge or supervisory allowances where applicable. The regular over-award pay as well as casual rates received for ordinary hours of work. All other allowances and payments are excluded.

(d) "Act" means the Occupational Superannuation Standards Act 1987, and "Regulations" means the Occupational Superannuation Standards Regulations made pursuant to that Act from time to time.

(e) "The Relevant Fund" means the fund selected in respect of an employee pursuant to sub-clause 50.4 hereof.

50.2 Contributions

(a) In accordance with this clause and subject to the Trust Deed of the relevant Fund, on behalf of each eligible employee an employer shall contribute to a relevant superannuation fund a superannuation contribution, equivalent to three per cent of such eligible employee's ordinary time earnings each week, (rounded to the nearest ten (10) cents), provided that:

(i) upon completion of the qualifying period specified in subclause 50.1 hereof, contributions on behalf of each eligible employee shall apply from the date of commencement of employment of such employee;

(ii) the contribution rate of an existing Fund of which the eligible employee is a member may be improved to the extent that it is equivalent to that prescribed in paragraph (a) of this subclause and is in accordance with the Act and Regulations.

(b) The contributions required herein shall be made to the relevant Fund in the manner and at the times specified by the terms of the Fund or any agreement between the employer and Trustees of the Fund.

(c) No Employer shall be required to pay superannuation contributions on behalf of any eligible employee whether full time, part time or casual in respect of any week during which such employee receives less than 10 hours pay in ordinary time earnings.

50.3 Employee Contributions

(a) Subject to the rules of the Fund, employees of a respondent employer who wish to make contributions to the Fund additional to those being paid pursuant to sub- clause 50.2 hereof, shall be entitled to do so. Such employees may either forward their own contribution directly to the Fund administrators or, where it is practicable to do so, authorise the employer to pay into the Fund from the employee's wages, amounts specified by the employee.

(b) Employee contributions to the Fund deducted by the employer at the employee's request shall be held in Trust on the employee's behalf and be subject to the following conditions:

(i) The amount of contributions shall be expressed in whole dollars.

(ii) Employees shall have the right to adjust the level of contribution made on their own behalf from the first of the month following the giving of three months' written notice to the employer. Provided that by agreement with the employer, employees may vary their additional contribution in extenuating circumstances at other times.

(iii) Contributions deducted under this clause shall be forwarded to the Fund at the same time as contributions under subclause 50.2 hereof.

50.4 Superannuation Fund

(a) The employer shall make superannuation contributions, or improvements pursuant to this clause, to any of the following funds:

(i) BUSS, AUST, BEST, ACE, ARF, ASSET, CTRF, STA, ECASF, STATEWIDE;

(ii) any fund agreed between the employer and eligible employees, and the Union or Unions, where applicable; or

(iii) any fund which has application to employees in the principal business of the employer, where eligible employees covered by this Award are in a minority of award-covered employees; or

(iv) any other approved occupational superannuation fund to which an employer or eligible employee who is a member of the religious fellowship known as The Exclusive Brethren elects to contribute.

(b) Provided that an employer shall not be required to contribute to more than one fund in respect of eligible employees employed under this Award.

(c) Subject to the terms of this clause, where there is a dispute over the choice of fund in respect of one or more employees, the matter shall be referred to the Industrial Relations Commission for determination.

50.5 Fund Membership

(a) The employer shall make an eligible employee aware of his/her entitlements under this clause and shall arrange for such eligible employee the opportunity to become a member of the relevant Fund. An eligible employee shall, within a period of 30 days from commencement of employment, complete the necessary application forms to become a member of the relevant Fund, to the satisfaction of the Trustees of that Fund, in order to be entitled to the contributions prescribed in subclause 50.2 hereof.

50.6 Exemption

(a) This clause shall be deemed to be satisfied by an employer, who as at 1 December 1991 or at the date of becoming respondent to this Award, is already satisfying and continues to satisfy the requirements of subclause 50.2 hereof by providing superannuation contributions equivalent to at least three per cent of ordinary time earnings.

(b) Leave is reserved to any employer to apply for exemption from this clause on the grounds of the standards of existing superannuation arrangements provided by the employer, or the employer's financial capacity to pay.

50.7 Absence from Work

Subject to the Trust Deed to the Fund of which an employee is a member, the following provisions shall apply:

(a) Paid Leave

Contributions shall continue whilst a member of a Fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave or other paid leave.

(b) Unpaid Leave

Contributions shall not be required in respect of any period of absence from work without pay of one day or more.

(c) Work Related Injury or Illness

In the event of an eligible employee's absence from work being due to work related injury or work related illness, contributions at the normal rate shall continue for the period of the absence provided that:-

(i) the member of the fund is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this Award;

(ii) the person remains an employee of the employer.

CLAUSE 51. RESERVED MATTERS (B.W.I.U.)

OPDATE 01:12:91 on and from

(a) The parties rights are reserved in respect of

1. Foreman Classification.

2. Piecework.

3. Demarcation e.g. Bricklayer (Mixing own materials).

4. Major Projects.

5. Refractory Work.

6. Afternoon Rest Period.

7. Anzac Day Holiday.

8. Asbestos Eradication. Reserved Matters (A.S.C. & J.)

(b) The parties rights are reserved in respect of:

1. Camping Allowance.

2. 35-Hour Week.

3. Foreman Classification.

4. Piecework.

5. Major Projects.

6. Mixed Enterprise' Definition.

7. Apprenticeship.

8. Asbestos Eradication. Reserved Matters (O.P.D.U.)

(c) The parties rights are reserved in respect of:

1. Elevated Platform - special rate.

2. Asbestos Eradication.

Reserved Matters (O.P.P.W.F.A.)

(d) The parties rights are reserved in respect of:

1. 35-Hour Week.

2. Foreman Classification.

3. Piecework.

4. Major Projects.

5. 'Mixed Enterprise' Definition.

6. Apprenticeship.

SCHEDULE 1. WAGES

OPDATE 14:11:2003 1st pp on or after

This schedule shall operate from the first pay period to commence on or after 14th November, 2003.

9. Rates of Pay

9.1 Except as elsewhere provided in this Award the rates of pay payable to an adult employee (other than an adult apprentice) shall be that prescribed herein calculated as an hourly rate in accordance with subsclause 9.5 of this schedule.

9.2 Weekly Award Rates

(a) The following amounts shall be applied for the purposes of the calculation in subclause 9.4 of the hourly rate to apply under this Award.

(b) Safety Net Adjustments:

The rates of pay in this award include the arbitrated safety net adjustment payable under the State Wage Case decision of July 2003 [[2003] SAIRComm 40]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous State Wage Case principles or under the current Declaration, excepting those resulting from enterprise agreements, or award variations to give effect to enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

The rates of pay in this award also contain safety net wage adjustments as determined by previous State Wage Case decisions. The absorption arrangements applying in relation to those adjustments continue to apply.

9.3 District Allowance

The base rates prescribed in 9.2(a) herein shall be increase by an amount of $1.00 per week when employees are employed in the districts of Whyalla and Iron Knob.

9.4 Special Allowance

Employees shall be paid a special allowance of $7.70 per week to compensate for the following matters:

(a) Excess travelling time incurred by employees in the building industry.

(b) The removal of loadings from the various building awards consequent upon the introduction of this paid rates award in this industry.

9.5 Hourly Rate Calculation - Follow the Job Loading

The calculation of the hourly rate shall take into account a factor of eight days in respect of the incidence of loss of wages for periods of unemployment between jobs.

For this purpose the hourly rate, calculated to the nearest cent (less than half a cent to be disregarded) shall be calculated by multiplying the sum of the appropriate amounts prescribed in 9.2 and 9.3 herein, clause 10 and clause 11 by 52/50.4 rounded to the nearest cent, adding to that subtotal the amount prescribed in 9.4 herein and dividing the total by thirty-eight (38).

9.6 Leading Hands

A person specifically appointed to be a Leading Hand (as defined) shall be paid at the rate of the undermentioned additional hourly amounts above the hourly rates of the highest classification supervised, or his/her own rate, whichever is the highest in accordance with the number of persons in his/her charge.

The hourly rate prescribed herein is calculated to the nearest cent (less than half a cent to be disregarded), by multiplying the weekly rate by 52/50.4 and dividing by 38 and the said amount shall apply for all purposes of this Award.

9.7 Casual Employment

9.7.1 As casual employee is one engaged and paid in accordance with the provisions of this clause. A casual employee shall be entitled to all of the applicable rates and conditions of employment prescribed by this Award except annual leave, personal leave, parental leave, jury service, public holidays and redundancy.

9.7.2 An employer when engaging a person for casual employment must inform the employee in writing that the employee is to be employed as a casual, stating by whom the employee is employed, the job to be performed, the classification level, the actual or likely number of hours to be worked, and the relevant rate of pay.

9.7.3 A casual employee may be employed by a particular employer on a regular and systematic basis for any period not exceeding six (6) weeks. If the employment is to continue on a regular and systematic basis beyond six (6) weeks the employee must then be employed as a daily hired employee.

9.7.4 The provisions of 9.7.3 shall not apply to a casual employee who has been engaged by a particular employer to perform work on an occasional basis and whose work pattern is not regular and systematic.

9.7.5 On each occasion a casual employee is required to attend work the employee shall be entitled to payment for a minimum of four (4) hours work, plus the relevant fares and travel allowance prescribed by Clause 15.

9.7.6 A casual employee for working ordinary time shall be paid 125 per cent of the hourly rate prescribed by Clause 9.5 of this Schedule for the employees classification.

9.7.7 A casual employee required to work overtime or weekend work shall be entitled to the relevant penalty rates prescribed by Clause 18 Overtime and Special Rates and Clause 19 Weekend Work.

9.7.8 (a) Where the relevant penalty rate is time and a half, the employee shall be paid 175 per cent of the hourly rate prescribed by Clause 9.5 of this Schedule for the employees classification; and

(b) Where the relevant penalty rate is double time, the employee shall be paid 225 per cent of the hourly rate prescribed by Clause 9.5 for the employees classification.

9.7.9 A casual employee required to work on a public holiday prescribed by Clause 20 shall be paid 275 per cent of the hourly rate prescribed by Clause 9.5 of this Schedule for the employees classification.

9.7.10 Termination of all casual engagements shall require one hours notice on either side or the payment or forfeiture of one hours pay, as the case may be.

SCHEDULE 2. PIECEWORK

OPDATE 30:09:2003 1st pp on or after

(A) PIECEWORK PRICES

(i) A person engaged in the fixing of wall tiles, floor tiles, tile fittings, internal coves and skirtings shall be paid the following appropriate piecework rates for such work. Such rates shall be applicable to the labour content of the work only.

Urinal Steps, Hobs, Thresh Holds, Steps and other small areas not covered by the above rates, including bath rises $33.33 per hour. This rate shall also apply in lieu of the m2 rate where the area of work in total on a site is less than six square metres.

(ii) The rates set out in (i) above shall apply to "finished work". "Finished work" shall mean work that is grouted and polished to an acceptable trade standard.

(iii) The rates prescribed in this Schedule include compensation for work performed on a Saturday or Sunday, other than when such day is a public holiday.

(iv) The rates prescribed in this Schedule shall be deemed to take into consideration compensation for annual leave, sick leave, bereavement leave, public holidays, rostered days off, inclement weather, redundancy, overtime, meal allowance, protective clothing, superannuation, long service leave, workers compensation premiums, public risk insurance and fares and travel allowance prescribed for travel within the 30 kilometre radius.

(B) CALCULATION OF PIECEWORK RATES

Working Time Calculations

-----------
207 days
-----------

Analysis

1573.2 hours worked for overall payment of $47,673.92 = $30.30 p/hr. Plus Profit of 10% ($30.30+ 10%) = $33.33 per hour = $253.31 per day of 7.6 hours.

(C) NON-APPLICATION OF AWARD PROVISIONS TO PIECEWORKERS

The following provisions of the Award herein shall not apply to an employee engaged on piecework as provided by this Award.

Clause 10 Industry Allowance and Underground Allowance

Clause 11 Tool Allowance

Clause 15 Compensation for Travel Patterns, etc. Clause 16 Hours

Clause 17 Rest Periods and Crib Time

Clause 18 Overtime and Special Rates

Clause 19 Weekend Work

Clause 20 Public Holidays and Holiday Work

Clause 23 Inclement Weather

Clause 24 Meal Allowance

Clause 26 Annual Leave

Clause 27 Sick Leave

Clause 28 Bereavement Leave

Clause 34 Compensation For Clothes or Tools

Given under my hand and seal this day of 2003.


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