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accident pay means a weekly payment made to an employee by the employer that is the difference between the amount of workers’ compensation received by the employee and their ordinary hourly rate for 38 hours work, and any RDO accrued entitlements prescribed by clause 16—Ordinary hours of work and rostering arrangements or clause 17—Shiftwork. Where the incapacity caused by the injury which leads to workers’ compensation becoming payable is for a period less than one week, the payment is the difference between the amount of compensation and the ordinary hourly rate for that period. The ordinary hourly rate does not include over award payments, shift rates or overtime.

Act means the Fair Work Act 2009 (Cth).

adult apprentice has the meaning given in clause 14.1(a).

air-conditioning work means the on-site fabrication and/or installation of air-conditioning and/or ventilation systems and all ancillary work, including packaged air conditioning units, thermostatic controls, water recirculation equipment, air volume regulators, diffusers, fans and heat exchange equipment and the like.

all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave.

appurtenances means any structure which is joined to or forms an integral part of a geomembrane installation. Such structures include: concrete and/or steel weirs; pipe collars and the like; concrete and rock walls within the area of the geomembrane, earth, stone and/or concrete covering over the geomembrane, waterfalls, fountains and the like, pipework, pumps, valves and filters when these are specific to a geomembrane.

[Definition of casual employee inserted by PR733839 from 27Sep21; varied by PR777247 from 27Aug24]

casual employee has the meaning given by section 15A of the Act.

NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.

continuous service means the period of service of an employee notwithstanding the employee’s absence from work for any of the following reasons:

· annual leave, personal leave or parental leave;

· illness or accident up to a maximum of 4 weeks after the expiration of paid sick leave;

· jury service;

· injury received during the course of employment and up to a maximum of 26 weeks for which the employee received workers’ compensation;

· where called up for military service for up to 3 months in any qualifying period;

· long service leave; and

· any reason satisfactory to the employer, provided the employee has informed the employer within 24 hours of the time when the employee was due to attend for work, or as soon as practicable thereafter, of the reason for the absence and probable duration.

continuous shiftworker means an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least 6 consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts.

CW means construction workers in the general building and construction and civil construction sectors.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

ECW means engineering construction workers in the metal and engineering construction sector.

employee means national system employee within the meaning of the Act.

[Definition of employee organisation inserted by PR774725 from 01Jul24]

employee organisation has the meaning given by section 12 of Act.

employer means national system employer within the meaning of the Act.

[Definition of enterprise inserted by PR774725 from 01Jul24]

enterprise has the meaning given by section 12 of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

geomembranes are impermeable membrane liners and barriers. They can be either sprayed on a surface or prefabricated and transported to the construction site. Sprayed on geomembranes are either sprayed directly on a surface (earth, concrete, etc.) or onto a geotextile. Geomembranes are usually (but not exclusively) composed of synthetic polymers, elastomers (rubbers) or plastomers (plastics). Some are reinforced with a fabric, and some are composites of natural and synthetic materials.

geotextile means any permeable textile material used with foundation, soil, rock, earth, or any other geotechnical engineering related material, that is an integral part of a man made project, structure or system especially when used in conjunction with geomembranes. Geotextiles include knitted, woven, and unwoven fabrics. Other products such as webs, mats, nets, grids, and formed plastic sheets that have been developed for use in combination with, or in place of, geotextiles are considered to be geotextiles for the purpose of this award.

in charge of plant means:

(a) when 2 or more employees are employed at the plant at the one time, the employee who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility; or

(b) an employee who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility over one or more other employees; or

(c) when an employee is the only person of their class employed on the plant, the employee who does the general repair work of the plant in addition to the work of operating, but not when they merely assist a fitter or engineer to do such work; or

(d) where shifts are worked, the employee who is directed to carry out the general repair work of the plant in addition to the work of operating, but not when they merely assist a fitter or engineer to do such work.

injury, for the purposes of clause 27—Accident pay, has the same meaning as that contained in the applicable workers’ compensation legislation covering the employer in respect of a claim made by the employee.

leading hand means an employee who is required to supervise or direct or be in charge of another employee or other employees.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth).

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

on-site building, engineering and civil construction industry has the meaning given in clause 4.2.

ordinary hourly rate means the hourly rate for an employee’s classification specified in clause 19.1(a) plus the industry allowance. Where an employee is entitled to an additional all-purpose allowance, this allowance forms part of that employee’s ordinary hourly rate.

The ordinary hourly rate is:

· for daily hire employees, the hourly rate calculated in accordance with clause 19.3(a);

· for weekly hire employees, the hourly rate calculated in accordance with clause 19.3(b);

· for apprentices, the weekly rate (determined in accordance with clause 19.7 or 19.8) divided by 38;

· for trainees, the weekly rate (determined in accordance with clause D.4.1(a) or D.4.1(b)) divided by 38;

· for employees covered by clause 42—Lift industry, the all purpose amounts specified in clause 42 are included;

· for forepersons and supervisors in the metal and engineering construction sector, the relevant weekly rate specified in clause 43.2 divided by 38;

· for leading hands the amount calculated in accordance with clause 19.2(a) or 19.2(b) is included.

refrigeration work means the installation, servicing or repairing of refrigeration plant and equipment, and/or ancillary components and equipment on a construction site.

[Definition of regular casual employee inserted by PR733839 from 27Sep21]

regular casual employee has the meaning given by section 12 of the Act.

[Definition of small business employer inserted by PR774725 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

standard rate means either the weekly or hourly minimum rate as stated for a Level 3 (CW/ECW 3) employee in clause 19.1.

traffic management means duties in or in connection with the directing and controlling of traffic.

[Definition of workplace delegate inserted by PR774725 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

[Varied by PR743413]

4.1 This industry award covers employers throughout Australia in the on-site building, engineering and civil construction industry and their employees in the classifications within Schedule A—Classification Definitions to the exclusion of any other modern award.

4.2 For the purpose of clause 4.1, on-site building, engineering and civil construction industry means the industry of general building and construction, civil construction and metal and engineering construction, in all cases undertaken on-site.

4.3 For the purposes of clause 4.2:

(a) general building and construction means:

(i) the construction, alteration, extension, restoration, repair, demolition or dismantling of buildings, structures or works that form, or are to form, part of land, whether or not the buildings, structures or works are permanent and maintenance undertaken by employees of employers covered by clause 4.1 of such buildings, structures or works;

(ii) site clearance, earth-moving, excavation, site restoration, landscaping and the provision of car parks and other access works associated with the activities within clause 4.3(a)(i); and

(iii) the installation in any building, structure or works of fittings and services;

(b) civil construction means:

(i) the construction, repair, maintenance or demolition of:

· civil and/or mechanical engineering projects;

· power transmission, light, television, radio, communication, radar, navigation, observation towers or structures;

· power houses, chemical plants, hydrocarbons and/or oil treatment plants or refineries;

· silos; and/or

· sports and/or entertainment complexes;

(ii) road making and the manufacture or preparation, applying, laying or fixing of bitumen emulsion, asphalt emulsion, bitumen or asphalt preparations, hot pre-mixed asphalt, cold paved asphalt and mastic asphalt;

(iii) the prefabrication and installation of geomembranes, geotextiles and appurtenances;

(iv) dredging or sluicing work for or at premises provided for persons mentioned in or in connection with work under clause 4.3(b)(i);

(v) batch plants and precast yards at a construction site in or in connection with work under clause 4.3(b)(i);

(vi) traffic management in or in connection with work under clause 4.3(b)(i);

(vii) construction and/or establishment of landscape gardens in or in connection with work under clause 4.3(b)(i), provided that this award does not apply to the:

· maintenance or horticultural establishment work following practical completion of work as specified under the terms of the construction contract or project; and/or

· laying-out, construction, cultivation or keeping in order of gardens in connection with private houses;

(viii) the industry or calling of either or both catering and cleaning for or at premises provided for persons mentioned in clause 4.3(b)(i);

(ix) car parks excepting car park buildings and car parks within the alignment of a building; and

(x) railways, tramways, roads, freeways, causeways, aerodromes, drains, dams, weirs, bridges, overpasses, underpasses, channels, waterworks, pipe tracks, tunnels, water and sewerage works, conduits, and all concrete work and preparation incidental thereto;

(c) metal and engineering construction means:

(i) metal trades work performed in the work of construction, fabrication, erection and/or installation work or work incidental thereto when it is carried out at a construction site which is specifically established for the purpose of constructing, fabricating, erecting and/or installing the following:

· power stations, oil refineries, terminals and depots; chemical, petro-chemical and hydrocarbon plants; and associated plant, plant facilities and equipment;

· major industrial and commercial undertakings and associated plant, plant facilities and equipment including undertakings for the processing and/or smelting of ferrous and non-ferrous metals, the processing of forest products and associated by-products, acid and fertiliser plants, cement and lime works, and other major industrial undertakings of a like nature;

· plant, plant facilities and equipment in connection with the extraction, refining and/or treatment of minerals, chemicals and the like;

· transmission and similar towers, transmission lines and associated plant, plant facilities and equipment;

· lifts and escalators as prescribed in clause 42—Lift industry;

· facilities and equipment in other engineering projects; and

· maintenance and/or repair and/or servicing work carried out on-site by the employees of contractors or subcontractors in connection with contracts for on-site construction work referred to in clause 4.3(c)(i). This does not include any work which is incidental to or of a minor nature in relation to the work normally performed by an employee of an employer not engaged substantially in metal and engineering construction.

4.4 Without limiting the generality of the exclusion, this award does not cover employers covered by:

(a) the Manufacturing and Associated Industries and Occupations Award 2020;

(b) the Joinery and Building Trades Award 2020;

(c) the Electrical, Electronic and Communications Contracting Award 2020;

(d) the Plumbing and Fire Sprinklers Award 2020;

[4.4(e) varied by PR743413 ppc 11Jul22]

(e) the Black Coal Mining Industry Award 2020;

(f) the Mining Industry Award 2020;

(g) the quarrying industry as defined in clause 4.3 of the Cement, Lime and Quarrying Award 2020; or

(h) the Premixed Concrete Award 2020.

4.5 This award covers any employer which supplies labour on an on-hire basis in the on-site building, engineering and civil construction industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 This award covers employers which provide group training services for apprentices and/or trainees engaged in the on-site building, engineering and civil construction industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.

4.7 This award does not cover:

(a) an employee excluded from award coverage by the Act;

(b) employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.8 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

[Substituted by PR763216 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 39—Dispute resolution and/or under section 65B of the Act.

7. Facilitative provisions

[Varied by PR733839, PR743413]

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

[7.2 varied by PR733839, PR743413 ppc 11Jul22]

7.2 Facilitative provisions in this award are contained in the following clauses:

Clause	Provision	Agreement between an employer and:
16.4(a)(iii)	Agreement on taking RDOs	The majority of employees
16.5	Agreement on banking of RDOs	An individual
16.6	Requirement to work on a day that is an RDO	An individual
16.8	Agreement on working other than the rostered day off cycle	The majority of employees
16.9(c)	Hours of work—part-time employees	An individual
16.11(a)	Other conditions for working ordinary hours—Early starts	The employees
18.1	Meal break—day workers	The majority of employees
19.6(a)	Piece rates	An individual
20	Payment of wages	An individual or the majority of employees
21.1(b)(i)	Tools and protective or other clothing or equipment	An individual
21.1(c)(i)	Tools and protective or other clothing or equipment	An individual
24.14(a)	Additional wet weather procedure—remaining on site	The employees
25.6(f)(vi)	Travelling expenses—Rest and recreation—variable return home	An individual
29.13	Time off instead of payment of overtime	An individual
31.4	Annual leave in advance	An individual
31.5	Cashing out of annual leave	An individual
36.2, 36.3	Alternative day for public holiday	An individual

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 Employees under this award will be employed in one of the following categories:

(a) daily hire employees;

(b) full-time weekly hire employees;

(c) part-time weekly hire employees; or

(d) casual employees.

8.2 At the time of engagement an employer will inform each employee, in writing, of the terms of their engagement and, in particular, whether they are to be daily hire, full‑time, part-time or casual employees.

9. Daily hire employees

9.1 A daily hire employee means a tradesperson or labourer engaged subject to the following provisions:

(a) One day’s notice of termination of employment will be given on either side or one day’s pay will be paid or forfeited.

(b) Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day’s work.

(c) A tradesperson will be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools.

9.2 Nothing in clause 9 will affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty.

10. Full-time weekly hire employees

A full-time employee is an employee who works an average of 38 ordinary hours per week.

11. Part-time weekly hire employees

11.1 A part-time employee is an employee who works an average of less than 38 ordinary hours per week and has reasonably predictable hours of work.

11.2 For each ordinary hour worked, a part-time employee will be paid no less than the ordinary hourly rate for the relevant classification and pro rata entitlements for those hours.

11.3 An employer must inform a part-time employee of the ordinary hours of work and the starting and finishing times.

11.4 Before commencing a period of part-time employment the employee and the employer will agree in writing:

(a) that the employee may work part-time;

(b) upon the hours to be worked by the employee, the days upon which the hours will be worked and commencing times for the work;

(c) upon the classification applying to the work to be performed; and

(d) upon the period of part-time employment.

11.5 The terms of an agreement may be varied, in writing, by consent.

11.6 The employer will provide a copy of the agreement and any variation made in accordance with clause 11.5, to the employee.

12. Casual employees

[Varied by PR733839]

[12.1 deleted by PR733839 from 27Sep21]

[12.2 renumbered as 12.1 by PR733839 from 27Sep21]

12.1 A casual employee is entitled to all of the applicable rates and conditions of employment prescribed by this award except annual leave, paid personal/carer’s leave, paid community service leave, notice of termination and redundancy benefits.

[12.3 renumbered as 12.2 and varied by PR733839 from 27Sep21]

12.2 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, and the relevant rate of pay.

[12.4 renumbered as 12.3 by PR733839 from 27Sep21]

12.3 A casual employee is entitled to payment for a minimum of 4 hours’ work per engagement, plus the relevant fares and travel allowance and expenses prescribed by clauses 25—Living away from home—distant work and 26—Travelling time entitlements on each occasion they are required to attend work.

[12.5 renumbered as 12.4 by PR733839 from 27Sep21]

12.4 A casual employee must be paid a casual loading of 25% for ordinary hours as provided for in this award. The casual loading is paid as compensation for annual leave, personal/carer’s leave, community service leave, notice of termination and redundancy benefits and public holidays not worked.

[12.6 renumbered as 12.5 by PR733839 from 27Sep21]

12.5 A casual employee required to work overtime or weekend work will be entitled to the relevant penalty rates prescribed by clauses 29—Overtime and 30—Penalty rates, provided that:

(a) where the relevant penalty rate is 150%, the employee must be paid 175% of the ordinary hourly rate prescribed for the employee’s classification; and

(b) where the relevant penalty rate is 200%, the employee must be paid 225% of the ordinary hourly rate prescribed for the employee’s classification.

NOTE: The overtime and weekend work penalty rates for casual employees have been calculated by adding the casual loading prescribed by clause 12.4 to the overtime and weekend work penalty rates prescribed by clauses 29.4(a) and 30.1.

[12.7 renumbered as 12.6 by PR733839 from 27Sep21]

12.6 A casual employee required to work on a public holiday prescribed by the NES must be paid 275% of the ordinary hourly rate prescribed for the employee’s classification.

13. Changes to casual employment status

[13—Casual conversion to full-time or part-time employment renamed and substituted by PR733839, 13—Offers and requests for casual conversion renamed and substituted by PR777247 from 27Aug24]

A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 39—Dispute resolution.

14. Apprentices

14.1 Definitions

(a) An adult apprentice is an employee who is 21 years of age or over at the time of signing the contract of training.

(b) An apprentice is an employee who is bound by a contract of training registered with the appropriate State or Territory training authority.

(c) An apprenticeship is a system of structured on-the-job training with an employer and off-the-job training with a Registered Training Organisation accessed through a contract of training.

(d) For the purposes of this award, a construction apprenticeship is a contract of training for the acquisition of tradesperson qualifications.

(e) Registered Training Organisation (RTO) means a training organisation registered by the Australian Skills Quality Authority, the Victorian Registration and Qualifications Authority or the Western Australia’s Training and Accreditation Council.

(f) A contract of training means an approved agreement for training registered with the appropriate State or Territory training authority or under the provisions of the appropriate State or Territory training legislation.

(g) A school-based apprentice is an employee who is undertaking an apprenticeship in accordance with clause 14 while also undertaking a course of secondary education.

14.2 Conditions of employment

(a) Apprentices will be engaged in accordance with the terms of this award, any relevant apprenticeship legislation and/or regulations made by any State or Territory training authority with the responsibility for the apprenticeship. The terms of this award apply to apprentices except where otherwise stated.

(b) An apprentice/trainee will be permitted to be absent from work, without loss of pay or continuity of employment, to attend the off-the-job training in accordance with the contract of training.

(c) Time spent by an apprentice, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 14.2 operates subject to the provisions of Schedule C––School-based Apprentices and the provisions of clause 26.5.

(d) The notice of termination provisions of the NES apply to apprentices.

(e) Redundancy provisions do not apply to apprentices, provided that where the employment of an apprentice by an employer is continued after the completion of the apprenticeship, the period of the apprenticeship will be counted as service for the purposes of the award and long service leave entitlements and in the event that an apprentice is terminated at the end of their apprenticeship and is re-engaged by the same employer within 6 months of such termination, the period of the apprenticeship will be counted as service in determining any future termination entitlements.

14.3 Overtime and shiftwork

(a) When overtime and/or shiftwork are worked the relevant penalties and allowances prescribed by the award will apply, based on the applicable ordinary hourly rate. No apprentice/trainee will work overtime or shiftwork on their own or without supervision.

(b) No apprentice under the age of 18 years will be required to work overtime or shiftwork unless they choose to do so.

(c) No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at the RTO as required by any statute, award, regulation or the contract of training applicable to them.

14.4 Payment by results

An apprentice will not work under any system of payment by results.

14.5 Lost time

(a) Apprentices are required to serve an additional day for each day of absence during each year of their apprenticeship, except in respect of absences due to either paid leave or leave without pay (taken in accordance with clause 31.3). The following year of their apprenticeship does not commence until the additional days have been worked.

(b) In calculating the extra time to be so served, the apprentice will be credited with time which they have worked during the relevant year in excess of their ordinary hours.

14.6 Training costs—fees and textbooks

(a) All fees charged by an RTO and the cost of all prescribed textbooks for the apprenticeship, which are paid by an apprentice, will be reimbursed by the employer within:

(i) 6 months of commencement of the apprenticeship or a stage of the apprenticeship; or

(ii) within 3 months of the commencement of training provided by the RTO,

whichever is the later, unless there is unsatisfactory progress.

(b) An employer may meet its obligations under clause 14.6 by paying any fees and/or cost of textbooks directly to the RTO.

14.7 Adult apprenticeship—application of general conditions of apprenticeship

The provisions of clause 14 will apply to adult apprentices unless specifically provided otherwise by clause 19.8.

14.8 Attendance at block release training

(a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 14.8 will not apply where the apprentice could attend an alternate RTO closer to the apprentice’s usual place of work and the use of the more distant RTO is not agreed between the employer and the apprentice.

(b) For the purposes of clause 14.8(a) excess reasonable travel costs includes the total cost of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, in excess of the fares and travel patterns allowance payable under clause 26.5(a). For the purposes of clause 14.8(a) excess travel costs do not include payment for travelling time or expenses incurred while not in transit.

(c) The amount payable by an employer under clause 14.8(a) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

(d) Clause 14.8 applies instead of the provisions contained in clause 25—Living away from home—distant work.

14.9 Competency based progression

(a) For the purpose of competency based wage progression in clause 19.7 an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:

(i) competency has been achieved in the relevant proportion of the total units of competency specified in clause 19.7 for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan; and

(ii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met; and

(iii) either:

(A) the RTO, the employer and the apprentice agree that the abovementioned requirements have been met; or

(B) the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.

(b) If the employer disagrees with the assessment of the RTO referred to in clause 14.9(a)(iii)(B) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

(c) For the purposes of clause 14.9, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of “competency” utilised for the purpose of the training packages and for the purpose of clause 14.9 is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(d) The apprentice will be paid the wage rate referred to in clause 14.9(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 14.9(a)(iii) or on a date as determined under the dispute resolution process in clause 14.9(b).

15. Classifications

The definitions of the classification levels in clause 19—Minimum rates are contained in Schedule A—Classification Definitions.

Part 3—Hours of Work

16. Ordinary hours of work and rostering arrangements

[Varied by PR747560]

16.1 Except as provided in clause 17—Shiftwork, the ordinary working hours will be 38 per week (averaged over a 20 day 4 week cycle to allow for the accrual and taking of rostered days off (RDO)), worked between 7.00 am and 6.00 pm Monday to Friday in accordance with the procedures in clauses 16.2 to 16.7.

16.2 Hours of work and accrual towards RDOs

[16.2 varied by PR743413 ppc 11Jul22]

Ordinary working hours will be 8 hours in duration each day, of which 0.4 of one hour of each day worked will accrue towards an RDO and 7.6 hours will be paid. An employee will therefore accrue 7.6 hours towards an RDO each 19 days of ordinary hours worked.

16.3 Accrual towards an RDO on days not worked

[16.3 varied by PR743413 ppc 11Jul22; paragraph in 16.3 renumbered as 16.3(a) by PR747560 ppc 14Nov22]

(a) An employee will accrue 0.4 of one hour of each day towards an RDO for any public holiday where an employee is not required to work and for each day of paid leave taken. This will not apply on a day an employee takes an RDO.

[16.3(b) inserted by PR747560 ppc 14Nov22]

(b) If a public holiday is a part-day public holiday, then clause 16.3(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.

16.4 Taking the accrued RDO

(a) An accrued RDO will be taken in one of the following ways:

[16.4(a)(i) varied by PR743413 ppc 11Jul22]

(i) on one day during a 20 day 4 week cycle on which all employees will take an RDO in accordance with a written roster fixed by the employer and issued 7 days before the commencement of that cycle; or

(ii) on a day during a 20 day 4 week cycle during which particular employees will take their RDOs on different days in accordance with a written roster fixed by the employer and issued 7 days before the commencement of that cycle; or

(iii) by any other method that is agreed by the employer and the majority of that employer’s employees and recorded in writing.

(b) The means by which a written roster under clause 16.4 may be issued include but are not limited to the following:

(i) by giving an employee a copy of the written roster; or

(ii) by placing a copy of the written roster on the notice board(s) at the workplace; or

(iii) by sending the written roster to the employee by post in a prepaid envelope to an employee’s usual residential or postal address, by facsimile transmission, or by email or other electronic means; or

(iv) by any other means agreed to by the employer and employee.

(c) A roster issued in accordance with clause 16.4 must not require an employee to take an RDO on a day that is a public holiday.

16.5 RDO banking

An employee and the employer may agree to allow the employee to bank an accrued RDO that would otherwise be taken under one of the ways fixed under clause 16.4(a) and in that event the following will apply:

(a) The number of accrued RDOs banked must not exceed 5 at any time.

(b) If an accrued RDO is banked, an employee is required to work on the day the employee’s RDO was otherwise fixed under clause 16.4(a). In that event clause 16.6 does not apply.

(c) An accrued RDO that is banked will be taken on a day that is agreed between the employer and the employee and on which ordinary working hours may be worked. An employer must not unreasonably withhold agreement for an employee to take a banked RDO on a particular day requested by the employee.

(d) The employer must maintain a record of:

(i) the number of accrued RDOs banked by each employee; and

(ii) the date on which each employee takes a banked accrued RDO.

16.6 Requirement to work on a day that is an RDO

[16.6 varied by PR743413 ppc 11Jul22]

(a) The employer may require an employee to work on an RDO that is fixed in accordance with clause 16.4(a) by agreement with the employee, or upon the provision of not less than 48 hours’ notice where the work to be performed is necessary because of unforeseen delays to a particular project or a section of it or any other reasons arising from unforeseen or emergency circumstances on a project.

(b) An employee who works on a day rostered for the taking of an RDO in accordance with 16.6(a) will be paid penalty rates as prescribed for Saturday work in clause 30—Penalty rates, and will retain the accrued RDO.

16.7 Entitlement on termination of employment

If an employee’s employment is terminated for any reason then, in addition to any other payment to which the employee becomes entitled the employer must pay to the employee:

(a) an amount equal to the payment the employee would have received had the employee taken any accrued RDO yet to be taken and any banked accrued RDO; and

(b) an amount equal to the payment the employee would have received had the employee taken an RDO for the period representing the number of hours and minutes that have accrued towards an RDO.

16.8 Agreement on working other than the rostered day off cycle

Where an employer and the majority of employees employed at a particular enterprise agree that due to the nature of an employer’s operations it is not practicable for an employee to be provided with an RDO in each 4 week cycle, they may agree to an alternate method of arranging working hours, provided that the ordinary hours worked in any one week from Monday to Friday are within the spread of hours set out in clause 16.1 and that no more than 8 ordinary hours are worked in any one day. Any such agreement shall be recorded in writing.

16.9 Hours of work—part-time employees

(a) The daily ordinary hours of work of a part-time employee shall not exceed 8 hours.

(b) Notwithstanding the provisions of clauses 16 and 17—Shiftwork, an employee working on a part-time basis may be paid for actual hours worked and in such instances the employee will not be entitled to accrue time towards an RDO.

(c) An employer and employee may agree that the part-time employee accrues time towards an RDO as provided by clauses 16 and 17—Shiftwork. In such instances, the part-time employee will accrue pro rata entitlements to rostered days off in accordance with clause 16.2.

16.10 Hours of work—casual employees

The daily ordinary hours of work of a casual employee shall not exceed 8 hours.

16.11 Other conditions for working ordinary hours

(a) Early starts

The working day may start at 6.00 am or at any time between that hour and 8.00 am and the working time will then begin to run from the time fixed, and the meal break will be adjusted accordingly. The change to the start time requires agreement between the employer and the employees and their representative(s), if requested.

(b) Washing time

The employer will provide sufficient facilities for washing and 5 minutes will be allowed before lunch and before finishing time to enable employees to wash and put away gear.

The working hours of employees working in compressed air or underground shall be subject to any applicable safety standards.

16A. Employee right to disconnect

[16A inserted by PR777978 from 26Aug24]

16A.1 Clause 16A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.

NOTE:

(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:

(1) their employer outside of the employee’s working hours,

(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.

(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.

(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.

(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.

(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.

16A.2 Clause 16A applies from the following dates:

(a) 26 August 2024—for employers that are not small business employers on this date and their employees.

(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.

16A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

16A.4 Clause 16A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of working hours in circumstances including to notify them of:

(a) an emergency roster change under clause 24—Inclement weather; or

(b) a recall to work under clause 29.5.

17. Shiftwork

[Varied by PR747560]

17.1 General building and construction and metal and engineering construction sectors

(a) Definitions

For the purposes of clause 17.1:

afternoon shift means a shift starting at or after 1.00 pm and before 3.00 pm.

night shift means a shift starting at or after 3.00 pm and before 11.00 pm.

early morning shift means a shift commencing at or after 11.00 pm and before 4.30 am.

morning shift means a shift starting at or after 4.30 am and before 6.00 am.

early afternoon shift means a shift starting on or after 11.00 am and before 1.00 pm.

(b) When an employee is employed continuously (inclusive of public holidays) for 5 shifts Monday to Friday, the following rates will apply:

(i) afternoon, night and early morning shift—150% of the ordinary hourly rate;

(ii) morning and early afternoon shifts—125% of the ordinary hourly rate.

(c) Where a job finishes after proceeding on shiftwork for more than 5 consecutive days or the employer terminates the employee’s services during the week, the employee must be paid at the rate specified in clause 17.1(b) for the time actually worked.

(d) In the case of broken shifts (i.e. less than 38 ordinary hours worked over 5 consecutive shifts Monday to Friday) the rates prescribed will be 150% for the first 2 hours and 200% thereafter.

(e) The ordinary hours of early morning, morning, early afternoon, afternoon and night shift will be 8 hours daily inclusive of meal breaks. Provided where shiftwork comprises 3 continuous and consecutive shifts of 8 hours each per day, that 24 minutes of each shift will accrue towards a rostered off shift and a crib time of 20 minutes duration will be allowed on each shift, and will be paid for as though worked. Such crib time will be instead of any other rest period or cessation of work elsewhere prescribed by this award.

(f) An employee must be given at least 48 hours’ notice of the requirement to work shiftwork.

(g) The hours for shiftworkers, when fixed, must not be altered except for breakdowns or other causes beyond the control of the employer, provided that notice of such alteration must be given to the employee not later than the ceasing time of their previous shift.

(h) For all work performed on a Saturday or Sunday, the normal rates of pay applicable to weekend overtime must apply. Provided that an ordinary night shift starting before and extending beyond midnight Friday, will be regarded as a Friday shift.

(i) All work in excess of shift hours, Monday to Friday, other than holidays must be paid for at 200% of the ordinary hourly rate (excluding shift rates).

(j) The provisions of this award relating to hours of work and leave will apply to employees working shiftwork.

17.2 Civil construction sector

(a) Definitions

For the purpose of clause 17.2:

shiftwork means any system of work in which operations are being continued by the employment of a group of employees upon work on which another group had been engaged previously

day shift means any shift starting on or after 6.00 am and before 10.00 am

afternoon shift means any shift starting at or after 10.00 am and before 8.00 pm

night shift means any shift starting at or after 8.00 pm and before 6.00 am

rostered shift means a shift of which the employee concerned has had at least 48 hours’ notice.

(b) Roster

Shifts must be worked according to a roster which will:

(i) provide for rotation of shifts unless all the employees concerned agree otherwise;

(ii) provide for not more than 8 shifts to be worked in any 9 consecutive days; and

(iii) specify the starting and finishing times of each shift.

(i) The ordinary hours of work for shiftworkers will not exceed an average of 38 per week over a cycle of 2, 3 or 4 weeks.

(ii) A shift will consist of not more than 8 consecutive hours inclusive of a crib time of 30 minutes which will be counted as time worked.

(d) Rostered off shift

(i) 24 minutes of each 8 hour shift worked during a shift cycle will accrue as an entitlement to take a rostered off shift after each 19 shifts worked.

(ii) The rostered off shift will be paid for as though worked.

(e) Paid leave

[17.2(e) varied by PR747560 ppc 14Nov22]

Each day of paid leave taken and any public holiday occurring during any shift cycle will be regarded as a shift or part-shift worked for accrual purposes.

(f) Pro rata accrued entitlements

(i) A shiftworker who has not worked or is not regarded by reason of clause 17.2(e) as having worked a complete shift cycle will receive pro rata accrued entitlements for each shift worked or regarded as having been worked in that cycle.

(ii) The pro rata entitlements will be payable for the rostered off shift or, in the case of termination of employment, on such termination.

(g) Taking of rostered off shifts

(i) The employer and employees concerned will agree in writing upon arrangements for the taking of rostered off shifts or for their accumulation.

(ii) Accumulation will be limited to not more than 5 shifts before they are taken as rostered off shifts.

(iii) When rostered off shifts are taken they will be regarded as shifts worked for accrual purposes in the particular shift cycle in which they are taken.

(h) Work on a rostered off shift

(i) The rostered off shift prescribed by clause 17.2 will be taken as a paid shift off.

(ii) Where an employer for emergency reasons requires an employee to work on their rostered off shift the employee will, in addition to their accrued entitlements, be paid at overtime rates for all work performed on the rostered off shift.

(i) Overtime

(i) All time worked by a shiftworker in excess of or outside the ordinary hours (inclusive of time worked for accrual purposes), or on a shift other than a rostered shift, must be paid for at the rate of 200% of the ordinary hourly rate.

(ii) Clause 17.2(i)(i) will not apply when the overtime is worked by arrangements between the employees themselves or for the purpose of effecting the customary rotation of shifts.

(j) Shift rates

A shiftworker whilst on afternoon or night shift other than on a Saturday, Sunday or holiday must be paid 115% of the ordinary hourly rate.

(k) Saturdays

An employee who is working a shift between midnight on Friday and midnight on Saturday must be paid 150% of the ordinary hourly rate for ordinary hours of work inclusive of time worked for accrual purposes as prescribed in clause 17.2(e).

(l) Sundays and public holidays

(i) Subject to clause 17.2(l), the provisions of clause 36—Public holidays, will apply to shiftworkers.

(ii) Where shifts start between 11.00 pm and midnight on a Sunday or public holiday, the time so worked before midnight will not entitle the employee to the Sunday or public holiday rate; provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into a Sunday or public holiday will be regarded as time worked on the Sunday or public holiday.

(iii) Where shifts fall partly on a Sunday or a public holiday that shift, the major portion of which falls on a Sunday or a public holiday, will be regarded as the Sunday or public holiday shift.

(m) Five successive shifts

Shiftworkers who work on any afternoon or night shift which does not continue for at least 5 successive afternoons or nights will be paid 150% of the ordinary hourly rate for all ordinary hours of work occurring during the shift.

(n) Permanent night shift

An employee who (except at their own request pursuant to clause 17.2(b)(i)):

(i) during a period of engagement on shift, works night shift only; or

(ii) remains on a night shift for a longer period than 4 successive weeks; or

(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each cycle;

must, during such engagement, period or cycle be paid 130% of the ordinary hourly rate for all ordinary hours of work on night shift.

(o) Call outs

(i) A shiftworker called out to work after finishing their normal working time and after they have left work for the shift, or called out to work on a day on which they are rostered off, must be paid for a minimum of 3 hours’ work calculated at 200% of the ordinary hourly rate for each occasion the shiftworker is called out.

(ii) If called out on a public holiday, payment must be calculated at the rate prescribed in clause 30.1(e) of this award.

(p) Transport after overtime

When a shiftworker, after having worked overtime or a shift for which they have not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer will provide the shiftworker with transport to their usual place of residence or to the nearest appropriate public transport.

18. Meal breaks

18.1 Meal break—day workers

(a) For the purpose of a meal on each day, there must be a cessation of work and of working time of not less than 30 minutes, to be taken between noon and 1.00 pm, or as otherwise agreed between an employer and a majority of employees.

(b) An employee must not be required to work more than 5 hours without a break for a meal.

(c) Where, because of the area or location of a project, the majority of on-site employees on the project request, and agreement is reached, the period of the meal break may be extended to not more than 45 minutes with a consequential adjustment to the daily time of finishing of work.

NOTE: Penalty rates apply in circumstances where an employer requires an employee to work through a meal break – see clause 29.6.

18.2 Meal break—shiftworkers

At no later than 5 hours after the start of each shift there must be a cessation of work of 30 minutes’ duration to allow shiftworkers to take a meal break which will count as time worked.

18.3 Rest periods and crib time

(a) A paid rest period of 10 minutes must be allowed between 9.00 am and 11.00 am.

(b) When an employee is required to work overtime for 2 hours or more after their usual finishing time of the day or shift, the employee must be allowed to take a paid crib time of 20 minutes’ duration immediately after their finishing time and, after each 4 hours of continuous work, a paid crib time of 30 minutes’ duration.

(c) In the event of an employee remaining at work after their usual finishing time without taking the crib time of 20 minutes and continuing at work for a period of 2 hours or more, the employee will be regarded as having worked 20 minutes more than the time worked and be paid accordingly.

(d) For the purposes of clause 18.3, usual finishing time is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clauses 16—Ordinary hours of work and 17—Shiftwork.

(e) Where shiftwork comprises 3 continuous and consecutive shifts of 8 hours per day inclusive of time worked for accrual purposes as prescribed in clauses 16—Ordinary hours of work and 17—Shiftwork, paid crib time of 20 minutes’ duration must be allowed in each shift. Crib time in each shift will be instead of any other rest period or cessation of work elsewhere prescribed by this award.

(f) The provisions of clauses 18.3(b), 18.3(c), and 18.3(e) will not apply to an employee who is entitled to the rest periods prescribed in clauses 18.6 and 18.7.

18.4 Working with toxic materials

(a) Where an employee is using toxic materials and the work continues to the employee’s meal break, the employee will be entitled to take washing time of 10 minutes immediately prior to the meal break.

(b) Where this work continues to the finishing time of the day or is finalised at any time prior to the finishing time of the day, washing time of 10 minutes will be granted.

(c) The washing time break or breaks will count as time worked.

18.5 Shaft or trench sinkers, etc.

Where shaft or trench sinkers or timberpersons are working at a depth of over 1.8 metres and where employees are driving at any depth in a tunnel or are engaged on similar work, the prescribed ordinary hours will include a daily crib time of 30 minutes which will count as time worked.

18.6 Hot work

Where an employee works for more than 2 hours in a place where the temperature has been raised by artificial means to 46 C and above, the employee is entitled to 20 minutes rest after every 2 hours work without loss of pay.

18.7 Cold work

Where an employee works for more than 2 hours in a place where the temperature is lowered by artificial means to less than 0 C, the employee is entitled to 20 minutes rest after every 2 hours work without loss of pay.

Part 4—Wages and Allowances

19. Minimum rates

[Varied by PR729275, PR733839, PR740696, PR745634, PR762129, PR773904]

19.1 General

[19.1(a) varied by PR729275, PR740696, PR762129, PR773904 ppc 01Jul24]

(a) An employee within a level specified in the following table will be paid not less than the rate assigned to the appropriate classification, as defined in Schedule A—Classification Definitions, in which the employee is working:

Level	Minimum weekly rate	Minimum hourly rate
	$	$
Level 9 (ECW 9)	1207.80	31.78
Level 8 (CW/ECW 8)	1186.90	31.23
Level 7 (CW/ECW 7)	1158.70	30.49
Level 6 (CW/ECW 6)	1126.50	29.64
Level 5 (CW/ECW 5)	1097.30	28.88
Level 4 (CW/ECW 4)	1064.80	28.02
Level 3 (CW/ECW 3)	1032.30	27.17
Level 2 (CW/ECW 2)	1003.10	26.40
Level 1 (CW/ECW 1)—CW/ECW 1 (level d)	983.30	25.88
Level 1 (CW/ECW 1)—CW/ECW 1 (level c)	966.00	25.42
Level 1 (CW/ECW 1)—CW/ECW 1 (level b)	953.20	25.08
Level 1 (CW/ECW 1)—CW/ECW1 (level a)	934.80	24.60

(b) The rates in clause 19.1(a) prescribe minimum classification rates only. The payment of additional allowances is required by other clauses of this award in respect of both weekly and hourly payments. The ordinary hourly rate for an employee’s classification is set out in clause 2—Definitions.

(c) CW refers to construction workers in the general building and construction and civil construction sectors. ECW refers to engineering construction workers in the metal and engineering construction sector.

19.2 Leading hands

(a) A person specifically appointed to be a leading hand must be paid at the rate of the following percentages of the weekly rates in clause 19.1(a) of the highest classification supervised, or the employee’s own rate, whichever is the higher, in accordance with the number of persons in the employee’s charge.

In charge of:	% of the appropriate weekly rate per week
1 person	2.4
2 - 5 persons	5.3
6 - 10 persons	6.7
More than 10 persons	9.0

(b) For daily hire employees, the hourly rate payable is calculated by multiplying the amount prescribed in clause 19.2(a) by 52 over 50.4 (52/50.4) and dividing by 38 and the said amount will apply for all purposes of this award (provided that in the case of a carpenter-diver the divisor will be 31).

19.3 Hourly rate calculation

(a) Daily hire employees—follow the job loading

(i) The calculation of the hourly rate will take into account a factor of 8 days in respect of the incidence of loss of wages for periods of unemployment between jobs.

(ii) For this purpose the hourly rate, calculated to the nearest cent (less than half a cent to be disregarded), will be calculated by multiplying the sum of the appropriate amounts prescribed in:

· clause 19.1—Minimum rates;

· clause 22—Industry allowances;

and where applicable,

· clause 21.1—Tools and protective or other clothing or equipment;

· clause 23.2—Underground allowance,

by 52 over 50.4 (52/50.4) rounded to the nearest cent and dividing the total by 38.

(iii) Provided that in the case of a carpenter-diver, the divisor will be 31.

(b) Weekly hire employees

The hourly rate will be calculated by adding the amounts prescribed in:

· Clause 19.1—Minimum rates;

· clause 22—Industry allowances;

and, where applicable:

· clause 21.1—Tools and protective or other clothing or equipment;

· clause 23.2—Underground allowance;

· clause 23.7—Air-conditioning industry and refrigeration industry allowances;

· clause 23.8—Electrician’s licence allowance; and

· clause 23.9—In charge of plant;

and dividing the total by 38.

19.4 Presenting for work but not required

(a) Clause 19.4 does not apply to casual employees.

(b) A new employee, if engaged and presenting for work to commence employment and not being required, will be entitled to at least 8 hours’ work or payment for 8 hours at the ordinary hourly rate, plus the appropriate allowance prescribed by clause 26—Travelling time entitlements.

(c) However, if the services of any employee are not required by reason of inclement weather, then the provision of clause 24—Inclement weather, will apply.

19.5 Mobile cranes capacity adjustment formula

[19.5 varied by PR729275, PR740696, PR762129, PR773904 ppc 01Jul24]

For each additional 40 tonnes over a maximum lifting capacity of 100 tonnes, an amount of $24.78 per week must be added to the base rate for Level 5 (CW/EW5) and above.

19.6 Piece rates

(a) An employer and an employee may agree to remunerate the employee in whole or in part by piece rates, instead of (in whole or in part) the rates and allowances provided for in this award.

(b) The agreement must be made without coercion or duress.

(c) The employer must record a piece rate agreement made under clause 19.6 in writing and provide a copy to the employee and must keep the agreement as a time and wages record.

(d) The piece rate agreement must set out the following information:

(i) the parties to the agreement;

(ii) the date the agreement commences to operate; and

(iii) the basis on which the piece rate payment is made and how piecework will be measured.

(e) An employee working under a piece rate agreement must:

(i) be paid no less than the amount which the employee would have been entitled to receive under the rates and allowances prescribed by this award if the piece rate agreement had not been made; and

(ii) not disadvantage the employee in relation to their terms and conditions of employment.

(f) For the purpose of the NES, the base rate of pay for a pieceworker is the base rate of pay as defined in the NES.

(g) For the purpose of the NES, the full rate of pay for a pieceworker is the full rate of pay as defined in the NES.

(h) An agreement made under clause 19.6 may be terminated by written agreement between the employer and the employee or by either party giving 4 weeks’ notice in writing to the other party and the agreement will cease to operate at the end of the notice period.

19.7 Apprentice rates

(a) A person who has completed a full apprenticeship must not be paid less than the standard rate.

(b) An apprentice will be paid a minimum rate of pay calculated on the total of the percentage of the standard rate in the following tables, and the allowances prescribed in clause 19.7(c):

(i) Apprentices who commence a contract of training on or after 1 January 2014 (excluding apprentices covered by the Electrotechnology Training Package)

(A) Four year apprenticeship (nominal term)

Stage of apprenticeship	Minimum training requirements on entry	Have not completed year 12	Have completed year 12
Stage of apprenticeship	Minimum training requirements on entry	% of the standard rate
Stage 1	On commencement and prior to the attainment of the minimum training requirements specified for Stage 2	50	55
Stage 2	On attainment of 25% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 12 months after commencing the apprenticeship, whichever is the earlier.	60	65
Stage 3	On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 12 months after commencing Stage 2, whichever is the earlier.	75	75
Stage 4	On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 12 months after commencing Stage 3, whichever is the earlier.	90	90

(B) Three year apprenticeship (nominal term)

Stage of apprenticeship	Minimum training requirements on entry	% of the standard rate
Stage 1	On commencement and prior to the attainment of the minimum training requirements specified for Stage 1	55
Stage 2	On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 12 months after commencing the apprenticeship, whichever is the earlier.	75
Stage 3	On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification; or 12 months after commencing Stage 2, whichever is the earlier.	90

(ii) Apprentices who commence a contract of training on or after 1 January 2014 (apprentices covered by the Electrotechnology Training Package)

Year of apprenticeship	Have not completed year 12	Have completed year 12
	% of the standard rate
1st year	50	55
2nd year	60	65
3rd year	75	75
4th year	90	90

(iii) Apprentices who commenced a contract of training before 1 January 2014:

Four year apprenticeship	% of the standard rate
1st year	45
2nd year	55
3rd year	75
4th year	90

Three year apprenticeship	% of the standard rate
1st year	55
2nd year	75
3rd year	90

(c) In addition to the above rates apprentices will be paid amounts prescribed in:

· clause 21.1—Tools and protective or other clothing or equipment;

· clause 22—Industry allowances;

and, where applicable,

· clause 23.2—Underground allowance

as part of the ordinary weekly rate for all purposes.

(d) Notwithstanding the nominal period, the apprenticeship (excluding apprentices covered by the Electrotechnology Training Package) is completed in a shorter period when:

(i) the qualification specified in the contract of training is successfully completed; and

(ii) the apprentice has the necessary practical experience to achieve competency in the skills covered by the contract of training, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination; and

(iii) the requirements of the relevant State/Territory training authority and any requirements of the Australian Industry and Skills Committee with respect to demonstration of competency and any minimum necessary work experience requirements are met; and

(iv) with respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met.

19.8 Adult apprenticeship

(a) Where a person was employed by an employer immediately prior to becoming an adult apprentice with that employer, such person will not suffer a reduction in the ordinary hourly rate of pay by virtue of entering into the contract of training.

[19.8(b) varied by PR733839 from 27Sep21]

(b) Provided that for employees engaged in the general building and construction, and civil construction sectors, the provision in 19.8(a) will only apply to employees who have been employed by the employer for at least 6 months as a full-time weekly or daily hire employee, or 12 months as a part-time or regular casual employee immediately prior to commencing the apprenticeship.

(c) For the purpose of fixing a rate of pay only, the adult apprentice will continue to receive the ordinary hourly rate of pay that is applicable to the classification or class of work specified in clause 19.1, and in which the adult apprentice was engaged immediately prior to entering into the contract of training.

(d) Subject to clauses 19.8(a) and 19.8(c), the rate of pay of an adult apprentice will be the ordinary hourly rate prescribed for the lowest paid classification in clause 19.1 or the ordinary hourly rate prescribed by clause 19.7 for the relevant year of apprenticeship, whichever is the greater.

19.9 School-based apprentices

For employees undertaking an apprenticeship while also undertaking a course of secondary education, see Schedule C––School-based Apprentices.

[19.10 deleted by PR745634 ppc 01Nov22]

19.10 Higher duties

[19.11 renumbered as 19.10 by PR745634 ppc 01Nov22]

An employee engaged for more than 2 hours, during one day on duties carrying a higher rate than the employee’s ordinary classification, must be paid the higher rate for the whole day. Otherwise the employee must be paid the higher rate for the time worked at the higher classification.

20. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

20.1 All wages, allowances and other monies must be paid in cash, or by cheque, bank cheque, electronic funds transfer (EFT) or similar transfer or any combination.

20.2 An employee paid by cheque must be allowed reasonable time, as agreed between the employer and the employee, to attend the branch of the employee’s bank nearest the workplace to cash cheques during working hours.

20.3 Subject to clause 20.4, payments must be paid and available to the employee not later than the end of ordinary hours of work on Thursday of each working week.

20.4 Where an employer made payment less frequently in compliance with:

(a) a relevant award or award-based transitional instrument, prior to the making of this award on 1 January 2010; or

(b) a Division 2B State award, prior to 1 January 2011,

the employer may continue to make payment at that frequency, subject to the agreement of employees and/or a majority of employees if required by the relevant award, award-based transitional instrument or Division 2B State award.

20.5 If an employee is paid wages by cash or cheque and is kept waiting for their wages more than 15 minutes after the usual time of finishing work on pay day (for reasons not beyond the control of the employer), the employee is to be paid at overtime rates after that 15 minutes for the period they are kept waiting, with a minimum payment of 15 minutes.

20.6 Payment on termination of employment

(a) If the employment of an employee terminates, the employer must pay the employee the following amounts in accordance with clause 20.6:

(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii) all other amounts that are due to the employee under this award and the NES.

(b) Where notice of termination is given by an employer or employee in accordance with the terms of this award or the NES the amounts described at clause 20.6(a)(i) must be paid to the employee:

(i) on the day of termination; or

(ii) where this is not practicable the employer will have two working days to send monies due to an employee by registered post or, where the employee is paid by EFT, transfer the monies into the employee’s account.

(c) The amounts described at clause 20.6(a)(ii), and where notice is not given by an employer or employee in accordance with the terms of this award or the NES the amounts described at clause 20.6(a)(i), must be paid to the employee:

(i) on the day of termination; or

(ii) forwarded by electronic funds transfer by no later than 7 days after the day on which the employee’s employment terminates.

(d) The requirement to pay wages and other amounts under clause 20.6(a) is subject to the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

21. Expense-related allowances

[Varied by PR729462, PR740868, PR762292, PR774073]

NOTE 1: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

NOTE 2: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances.

21.1 Tools and protective or other clothing or equipment

[21.1(a) varied by PR729462, PR740868, PR762292, PR774073 ppc 01Jul24]

(a) An allowance in recognition of the maintenance and provision of the standard tools of trade must be paid for all purposes of the award in accordance with the following table:

Classification	Tool allowance $ per week
Artificial stoneworker, carpenter and/or joiner, carpenter-diver, carver, bridge and wharf carpenter, floor sander, letter cutter, marble and slate worker, stonemason or tilelayer	38.67
Caster, fixer, floorlayer specialist or plasterer	31.99
Refractory bricklayer or bricklayer	27.45
Roof tiler, slate-ridger or roof fixer, tradespersons in the metals and engineering construction sector	20.25
Signwriter, painter or glazier	9.28

(b) Where any other tools are required by the employer for the performance of work by a tradesperson covered by clause 21.1(a), or where in the case of any other employee any tools are required for the performance of work, the employer shall:

(i) by agreement with the employee, reimburse the employee for provision of the tools; or

(ii) provide the tools.

(c) Where any protective or other clothing or equipment, other than safety boots, is required by the employer for the performance of work, the employer shall:

(i) by agreement with the employee, reimburse the employee for provision of the clothing or equipment; or

(ii) provide the clothing or equipment.

(d) Where employees are required either by the employer or by legislation to wear steel toe capped safety boots the employer will reimburse employees for the cost of purchasing such boots on commencement of work. Subject to fair wear and tear, boots will be replaced each 6 months if required and sooner if agreed.

21.2 Meal allowance

[21.2(a) varied by PR729462, PR740868, PR762292, PR774073 ppc 01Jul24]

(a) An employee required to work overtime for at least 1.5 hours after working ordinary hours inclusive of time worked for accrual purposes as prescribed in clauses 17—Shiftwork, or 16—Ordinary hours of work and rostering arrangements, must be paid by the employer an amount of $18.51 to meet the cost of a meal.

(b) Clause 21.2 will not apply to an employee who is provided with reasonable board and lodging or who is receiving a distant job allowance as provided for in clause 25—Living away from home—distant work, and is provided with a suitable meal.

[21.2(c) varied by PR729462, PR740868, PR762292, PR774073 ppc 01Jul24]

(c) An operator employee will be entitled to be paid $18.51 for each meal after the completion of each 4 hours from the commencement of overtime.

21.3 Compensation for clothes and tools

(a) An employee whose clothes, spectacles, hearing aids or tools have been accidentally spoilt by acid, sulphur or other deleterious substances, fire, molten metal or corrosive substances, must be paid such amount to cover the loss suffered by the employee as may be agreed upon between the employee and the employer.

[21.3(b) varied by PR729462, PR740868, PR762292, PR774073 ppc 01Jul24]

(b) An employee must be reimbursed by the employer to a maximum of $2242 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 if the tools are lost or stolen while being transported by the employee at the employer’s direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee’s absence after leaving the job because of injury or illness, or where the employee does not report for work because of illness or accident and has advised the employer of such absence.

(c) An employee transporting their own tools must take all reasonable care to protect those tools and prevent theft or loss.

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

(e) For the purposes of clause 21.3:

(i) only tools used by the employee in the course of their employment will be covered by clause 21.3;

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

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

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

22. Industry allowances

[Varied by PR729275, PR740696, PR762129, PR773904]

NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances.

22.1 The following industry allowances must be paid, in addition to the employee’s weekly rate prescribed in clause 19—Minimum rates, for work in each of these sectors:

[22.1(a) varied by PR729275, PR740696, PR762129, PR773904 ppc 01Jul24]

(a) General building and construction industry, civil construction industry and metal and engineering construction industry—an allowance of $61.94 per week;

[22.1(b) varied by PR729275, PR740696, PR762129, PR773904 ppc 01Jul24]

(b) Residential building and construction industry—an allowance of $49.55 per week.

22.2 For the purposes of determining the applicable industry allowance:

(a) the definitions of general building and construction, civil construction and metal and engineering construction in clause 4.3 will apply.

(b) residential building and construction industry means the activities identified in clause 4.3(a) undertaken in relation to a single occupancy or dual occupancy residential building which is not a multistorey building as defined in clause 23.3(c).

22.3 The industry allowances payable under clause 22 are to be paid for all purposes of the award.

23. Other allowances

[Varied by PR729275, PR740696, PR762129, PR773904]

NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances.

23.1 An employer must pay an employee the allowances they are entitled to under clause 23 in addition to the applicable industry allowance under clause 22—Industry allowances.

23.2 Underground allowance

[23.2(a) varied by PR729275, PR740696, PR762129, PR773904 ppc 01Jul24]

(a) An employee, other than an employee in an Operator classification, who is required to work underground must be paid an additional allowance of $18.58 per week for all purposes of the award.

[23.2(b) varied by PR729275, PR740696, PR762129, PR773904 ppc 01Jul24]

(b) Provided that an employee required to work underground for no more than 4 days or shifts in any ordinary week must be paid an additional $4.13 per day or shift.

(c) Where a shaft is to be sunk to a depth greater than 6 metres, the payment of the underground allowance will commence from the surface.

(d) These allowances will not be payable to employees engaged upon pot and drive work at a depth of 3.5 metres or less.

23.3 Multistorey allowance

(a) A multistorey allowance must be paid to all employees on-site whilst engaged in construction or renovation of a multistorey building to compensate for the disabilities experienced in, and which are peculiar to construction or renovation of a multistorey building.

(b) Provided that for the purposes of clause 23.3 renovation work is work performed on existing multistorey buildings and such work involves structural alterations which extend to more than 2 storey levels in a building, and at least part of the work to be performed is above the 4th floor storey level in accordance with the scale of payments appropriate for the highest floor level affected by such work.

(c) In clause 23.3:

multistorey building means a building which will, when complete, consist of 5 or more storey levels.

complete means the building is fully functional and all work which was part of the principal contract is complete.

storey level means structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building and will include basement levels and mezzanine or similar levels (but excluding half floors such as toilet blocks or store rooms located between floors), and a plant room situated on the top of a building if the plant room occupies 25% of the total roof or an area of 100 square metres, whichever is the lesser.

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.

[23.3(d) varied by PR729275, PR740696, PR762129, PR773904 ppc 01Jul24]

(d) In respect of any building or structure (including a tower) which does not have regular storey levels and which exceed 15 metres in height, an allowance of $0.87 per hour will be paid for all work above 15 metres, with an additional $0.87 per hour for work above each additional 15 metres. For example, an employee working at a height of 31 metres is paid an allowance of $1.74 per hour.

(e) Rates

[23.3(e)(i) varied by PR729275, PR740696, PR762129, PR773904 ppc 01Jul24]

(i) Except as provided for in clauses 23.3(d) or 23.3(f), an allowance in accordance with the following table must be paid to all employees on the building site. The higher allowances presented in respect of work on the 16th and subsequent floors will be paid 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 the allowance scale:

Storeys	$ per hour
From the commencement of building to 15th floor level	0.71
From the 16th to 30th floor level	0.84
From the 31st to 45th floor level	1.30
From the 46th to 60th floor level	1.68
From the 61st floor level onward	2.06

(ii) The allowances payable at the highest point of the building will continue until completion of the building.

(f) Service cores

[23.3(f)(i) varied by PR729275, PR740696, PR762129, PR773904 ppc 01Jul24]

(i) All employees employed on a service core at more than 15 metres above the highest point of the main structure must be paid the multistorey rate appropriate for the main structure plus an additional $0.87 per hour, with an add

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Building and Construction General On-site Award 2020