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| MA000020 PR729275 |
| FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
s.285—Annual wage review
Annual Wage Review 2020–21
(C2021/1)
BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2020
[MA000020]
Building,metal and civil construction industries | |
JUSTICE ROSS,PRESIDENT | MELBOURNE,25 JUNE 2021 |
Annual Wage Review 2020–21.
A. Further to the decision issued by the Expert Panel in the Annual Wage Review
2020–21 on 16 June 2021 [[2021] FWCFB 3500],the above award is varied as follows:
1. By deleting the table appearing in clause 19.1(a) and inserting the following:
Level | Minimum weekly rate | Minimum hourly rate |
$ | $ | |
Level 9 (ECW 9) | 1052.40 | 27.69 |
Level 8 (CW/ECW 8) | 1034.20 | 27.22 |
Level 7 (CW/ECW 7) | 1009.70 | 26.57 |
Level 6 (CW/ECW 6) | 981.60 | 25.83 |
Level 5 (CW/ECW 5) | 956.10 | 25.16 |
Level 4 (CW/ECW 4) | 927.80 | 24.42 |
Level 3 (CW/ECW 3) | 899.50 | 23.67 |
Level 2 (CW/ECW 2) | 874.00 | 23.00 |
Level 1 (CW/ECW 1)—CW/ECW 1 (level d) | 856.30 | 22.53 |
Level 1 (CW/ECW 1)—CW/ECW 1 (level c) | 840.50 | 22.12 |
Level 1 (CW/ECW 1)—CW/ECW 1 (level b) | 828.70 | 21.81 |
Level 1 (CW/ECW 1)—CW/ECW1 (level a) | 812.00 | 21.37 |
2. By deleting the amount “$21.06”appearing in clause 19.5 and inserting “$21.59”.
3. By deleting the table appearing in clause 19.10(b) and inserting the following:
Item | Stage 1 | Stage 2 | Stage 3 |
$ | $ | $ | |
Base rate | 699.22 | 741.02 | 791.12 |
Industry allowance—civil construction industry | 53.97 | 53.97 | 53.97 |
Total weekly rate | 753.19 | 794.99 | 845.09 |
4. By deleting the table appearing in clause 19.10(c)(i) and inserting the following:
Item | Wage level B | Wage level A |
$ | $ | |
Base rate | 612.52 | 630.52 |
Industry allowance | 53.97 | 53.97 |
Weekly rate | 666.49 | 684.49 |
5. By deleting the table appearing in clause 19.10(c)(ii) and inserting the following:
Item | Wage level B | Wage level A |
$ | $ | |
Base rate | 612.52 | 630.52 |
Industry allowance | 43.18 | 43.18 |
Weekly rate | 655.70 | 673.70 |
6. By deleting the amount “$52.66”appearing in clause 22.1(a) and inserting “$53.97”.
7. By deleting the amount “$42.12”appearing in clause 22.1(b) and inserting “$43.18”.
8. By deleting the amount “$15.80”appearing in clause 23.2(a) and inserting “$16.19”.
9. By deleting the amount “$3.51”appearing in clause 23.2(b) and inserting “$3.60”.
10. By deleting the amounts “$0.74”and “$1.48”wherever they appear in clause 23.3(d) and inserting “$0.76”and “$1.52”respectively.
11. By deleting the table appearing in clause 23.3(e)(i) and inserting the following
Storeys | $ per hour |
From the commencement of building to 15th floor level | 0.62 |
From the 16th to 30th floor level | 0.73 |
From the 31st to 45th floor level | 1.14 |
From the 46th to 60th floor level | 1.47 |
From the 61st floor level onward | 1.80 |
12. By deleting the amount “$0.74”wherever it appears in clause 23.3(f)(i) and inserting “$0.76”.
13. By deleting the amount “$3.09”appearing in clause 23.4(c) and inserting “$3.17”.
14. By deleting the amount “$1.04”appearing in clause 23.5 and inserting “$1.07”.
15. By deleting the amount “$3.16”appearing in clause 23.6(b)(i) and inserting “$3.24”.
16. By deleting the amount “$5.00”appearing in clause 23.6(b)(ii) and inserting “$5.13”.
17. By deleting the amount “$69.33”appearing in clause 23.7 and inserting “$71.06”.
18. By deleting the amount “$28.08”appearing in clause 23.8(a) and inserting “$28.78”.
19. By deleting the amount “$41.25”appearing in clause 23.9(b) and inserting “$42.28”.
20. By deleting the amount “$5.38”appearing in clause 23.10(b)(i) and inserting “$5.52”.
21. By deleting the amount “$0.74”appearing in clause 23.10(c) and inserting “$0.76”.
22. By deleting the amount “$129.88”appearing in clause 42.2(a) and inserting “$133.13”.
23. By deleting the table appearing in clause 43.2 and inserting the following:
Classification | Supervision of 3 or more tradespersons,excluding leading hands | Supervision of other than 3 or more tradespersons,excluding leading hands |
$ | $ | |
Foreperson/supervisor | 966.10 | 1047.20 |
General foreperson/supervisor | 940.00 | 1025.10 |
24. By deleting the amount “$877.60”appearing in clause B.1.1 and inserting “$899.50”.
25. By deleting the table appearing in clause B.1.1 and inserting the following:
Allowance | Clause | % of weekly standard rate | $ | Payable |
Industry allowances | ||||
General building and construction industry allowance* | 22.1(a) | 6.0 | 53.97 | per week |
Civil construction industry allowance* | 22.1(a) | 6.0 | 53.97 | per week |
Metal and engineering construction industry allowance* | 22.1(a) | 6.0 | 53.97 | per week |
Residential building and construction industry* | 22.1(b) | 4.8 | 43.18 | per week |
All sectors | ||||
Mobile cranes capacity adjustment formula (Level 5 (CW/EW5) and above) | 19.5 | 2.4 | 21.59 | per week for each additional 40 tonnes over max limit |
Underground allowance (other than | 23.2(a) | 1.8 | 16.19 | per week |
Underground allowance—no more than 4 days/shifts in ordinary week | 23.2(b) | 0.4 | 3.60 | per day or shift |
First aid allowance—minimum qualifications | 23.6(b)(i) | 0.36 | 3.24 | per day |
First aid allowance—higher first aid certificate | 23.6(b)(ii) | 0.57 | 5.13 | per day |
Air-conditioning industry and refrigeration industry allowances | 23.7 | 7.9 | 71.06 | per week |
Electrician’s licence allowance* | 23.8(a) | 3.2 | 28.78 | per week |
In charge of plant allowance | 23.9(b) | 4.7 | 42.28 | per week |
Lift industry | ||||
Lift industry allowance* | 42.2(a) | 14.8 | 133.13 | per week |
26. By deleting the amount “$23.09”appearing in clause B.1.2 and inserting “$23.67”.
27. By deleting the table appearing in clause B.1.2 and inserting the following:
Allowance | Clause | % of hourly standard rate | $ | Payable |
All sectors | ||||
Multistorey allowance—structure without regular storey levels—work above 15 metres | 23.3(d) | 3.2 | 0.76 | per hour |
Multistorey allowance—structure without regular storey levels—work above each additional 15 metres | 23.3(d) | 3.2 | 0.76 | per hour for each additional 15 metres |
Multistorey allowance—commencement of building to 15th floor level | 23.3(e)(i) | 2.6 | 0.62 | per hour |
Multistorey allowance—16th to 30th floor level—where structural or reinforcing steel,boxing or walls rise above 16th floor | 23.3(e)(i) | 3.1 | 0.73 | per hour |
Multistorey allowance—31st to 45th floor level—where structural or reinforcing steel,boxing or walls rise above 31st floor | 23.3(e)(i) | 4.8 | 1.14 | per hour |
Multistorey allowance—46th to 60th floor level—where structural or reinforcing steel,boxing or walls rise above 46th floor | 23.3(e)(i) | 6.2 | 1.47 | per hour |
Multistorey allowance—61st floor level onward—where structural or reinforcing steel,boxing or walls rise above 61st floor | 23.3(e)(i) | 7.6 | 1.80 | per hour |
Multistorey allowance—service core—work more than 15 metres above main structure | 23.3(f)(i) | 3.2 | 0.76 | per hour |
Multistorey allowance—service core—work above each additional 15 metres | 23.3(f)(i) | 3.2 | 0.76 | per hour for each additional 15 metres |
Laser safety officer allowance | 23.4(c) | 13.4 | 3.17 | per day or part thereof |
Carpenter-diver allowance1 | 23.5 | 4.5 | 1.07 | per hour |
General building and construction sector | ||||
Computing quantities allowance | 23.10(b)(i) | 23.3 | 5.52 | per day or part thereof |
Scaffolding or rigging certificate allowance | 23.10(c) | 3.2 | 0.76 | per hour |
28. By deleting clause D.5 and inserting the following:
D.5 Minimum Wages
D.5.1 Minimum wages for full-time traineeships
Subject to clause D.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause D.7.1 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per week | per week | per week | |
$ | $ | $ | |
School leaver | 347.10 | 382.20 | 455.30 |
Plus 1 year out of school | 382.20 | 455.30 | 529.90 |
Plus 2 years out of school | 455.30 | 529.90 | 616.60 |
Plus 3 years out of school | 529.90 | 616.60 | 706.00 |
Plus 4 years out of school | 616.60 | 706.00 | |
Plus 5 or more years out of school | 706.00 | ||
(b) Wage Level B
Subject to clause D.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause D.7.2 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per week | per week | per week | |
$ | $ | $ | |
School leaver | 347.10 | 382.20 | 443.00 |
Plus 1 year out of school | 382.20 | 443.00 | 509.60 |
Plus 2 years out of school | 443.00 | 509.60 | 597.70 |
Plus 3 years out of school | 509.60 | 597.70 | 681.70 |
Plus 4 years out of school | 597.70 | 681.70 | |
Plus 5 or more years out of school | 681.70 | ||
Subject to clause D.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by clause D.7.3 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per week | per week | per week | |
$ | $ | $ | |
School leaver | 347.10 | 382.20 | 443.00 |
Plus 1 year out of school | 382.20 | 443.00 | 498.80 |
Plus 2 years out of school | 443.00 | 498.80 | 557.30 |
Plus 3 years out of school | 498.80 | 557.30 | 620.70 |
Plus 4 years out of school | 557.30 | 620.70 | |
Plus 5 or more years out of school | 620.70 | ||
(d) AQF Certificate Level IV traineeships
(i) Subject to clause D.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause D.5.3 of this schedule,the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows,provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
D.5.2 Minimum wages for part-time traineeships
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per hour | per hour | per hour | |
$ | $ | $ | |
School leaver | 11.42 | 12.59 | 14.99 |
Plus 1 year out of school | 12.59 | 14.99 | 17.45 |
Plus 2 years out of school | 14.99 | 17.45 | 20.28 |
Plus 3 years out of school | 17.45 | 20.28 | 23.22 |
Plus 4 years out of school | 20.28 | 23.22 | |
Plus 5 or more years out of school | 23.22 | ||
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per hour | per hour | per hour | |
$ | $ | $ | |
School leaver | 11.42 | 12.59 | 14.59 |
Plus 1 year out of school | 12.59 | 14.59 | 16.77 |
Plus 2 years out of school | 14.59 | 16.77 | 19.68 |
Plus 3 years out of school | 16.77 | 19.68 | 22.45 |
Plus 4 years out of school | 19.68 | 22.45 | |
Plus 5 or more years out of school | 22.45 | ||
Subject to clauses D.5.2(f) and D.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by clause D.7.3 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per hour | per hour | per hour | |
$ | $ | $ | |
School leaver | 11.42 | 12.59 | 14.59 |
Plus 1 year out of school | 12.59 | 14.59 | 16.41 |
Plus 2 years out of school | 14.59 | 16.41 | 18.33 |
Plus 3 years out of school | 16.41 | 18.33 | 20.42 |
Plus 4 years out of school | 18.33 | 20.42 | |
Plus 5 or more years out of school | 20.42 | ||
Subject to clauses D.5.2(f) and D.5.3 of this schedule,the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A,B or C by clause D.7 are as follows when the trainee works ordinary hours:
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses D.5.2(f) and D.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses D.5.2(f) and D.5.3 of this schedule,the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows,provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
(f) Calculating the actual minimum wage
(iii) Where the full-time ordinary hours of work are not 38 or an average of 38 per week,the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses D.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(iv) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation,for example at school or at TAFE,the relevant minimum wage in clauses D.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.
(v) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job,the relevant minimum wage in clauses D.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
D.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship,or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship,then the trainee must be paid the next highest minimum wage provided in this schedule,where a higher minimum wage is provided for the new AQF certificate level.
D.5.4 Default wage rate
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by clause D.7 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
B. This determination comes into operation on 1 July 2021. In accordance with s.286(5) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 1 July 2021.
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