AN150029 – Carpenters & Joiners (General) Award 1993

AN150029 – Carpenters & Joiners (General) Award 1993

CLAUSE 47. ALLOWANCES FOR DISTANT JOBS

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1 Qualification

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

2 Employee's Address

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

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

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

3 Entitlement

Where an employee qualifies under 47.1 above, the employer shall either:

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

(b) Pay an allowance of $265.70 per week of seven days but such allowance shall not be in wages. In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job, the allowance shall be $38.00 per day

Provided that the foregoing allowances shall be increased if the employee satisfies the employer that he reasonably incurred a greater outlay than that prescribed. In the event of disagreement, the matter may be referred to a Board of Reference for determination; or

(c) In circumstances prescribed in subclause 7 hereof, provide camp accommodation and messing constructed and maintained in accordance with subclause 10 hereof.

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

4 Travelling Expenses

An employee who is sent by his employer or selected or engaged by an employer or agent to go to a job which qualifies him to the provision of this clause shall not be entitled to any of the allowances prescribed by clause 53 of this award for the period occupied in travelling from his usual place of residence to the distant job, but in lieu thereof shall be paid:

(a) Forward Journey

(i) For the time spent in so travelling, at ordinary rates up to a maximum of 8 hours per day for each day of travel (to be calculated as the time taken by rail or usual travelling facilities).

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

(iii) For any meals incurred while travelling at $7.30 per meal. Provided that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues his employment within two weeks of commencing on the job and who does not forthwith return to his place of engagement.

(b) Return Journey

An employee shall, for the return journey, receive the same time, fares and meal payments as provided in clause 4 (a) above, together with an amount of $13.70 to cover the cost of transporting himself and his tools from the main public transport terminal to his usual place of residence.

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

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

5 Daily Fares Allowance

An employee engaged on a job which qualifies him to the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) shall be paid the allowance prescribed by clause 53 of the award.

6 Weekend Return Home

(a) An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or his representative, no later than Tuesday of each week, of his intention to return to his usual place of residence at the weekend and who returns to his usual place of residence at the weekend, shall be paid an allowance of $23.10 for each occasion.

(b) Paragraph (a) of this subclause shall not apply to an employee who is receiving the payment prescribed in subclause 3 (b) hereof in lieu of board and lodging being provided by the employer or who is receiving a camping allowance as prescribed in subclause 7 (b) hereof.

(c) When an employee returns to his usual place of residence for a weekend or part of a weekend and does not absent himself from the job for any of the ordinary working hours, no reduction of the allowance prescribed in subclause 3 (b) hereof shall be made.

7 Construction Camps

(a) Camp Accommodation - Where an employee is engaged on the construction of projects which are located in areas where suitable board and lodging as defined in subclause 3 hereof, is not available, or where the size of the workforce is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp, such camp shall be constructed and maintained in accordance with subclause 11 hereof.

(b) Camping Allowance - An employee living in a construction camp where free messing is not provided shall receive a camping allowance of $104.00 for every complete week he is available for work. If required to be in camp for less than a complete week he shall be paid $14.90 per day including any Saturday or Sunday if he is in camp and available for work on the working days immediately preceding and succeeding each Saturday and Sunday. If an employee is absent without the employer's approval on any day, the allowance shall not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance shall not be payable for the Saturday and Sunday.

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

8 Rest and Recreation

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

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

(b) Air Travel - Notwithstanding any other provisions contained in (a) above and in lieu of such provisions, the following conditions shall apply to an employee who qualifies under subclause 1 above and where such construction work is located north of Port Augusta or in any other area to which air transport is the only practicable means of travel, an employee may return home after four months continuous service and shall in such circumstances be entitled to two days leave with pay in addition to the weekend.

Thereafter the employee may return to his usual place of residence after each further period of four months continuous service, and in each case he shall be entitled to two days leave of which one day shall be paid leave.

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

Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty-eight days after the expiration of such period of four months as hereinbefore mentioned, then the provisions of this paragraph shall not be applicable.

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

(d) Service Requirements - For the purpose of this subclause service shall be deemed to be continuous notwithstanding an employee's absence from work as prescribed in this clause or as prescribed in the clause 24 - Annual Leave, continuous service provisions.

(e) Variable Return Home - In special circumstances and by agreement with the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual entitlements.

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

9 Alternative Paid Day Off Procedure

By agreement, the paid rostered day off as prescribed in clause 17 may be taken, and paid for, in conjunction with and additional to return home and/or rest and recreation leave as prescribed in subclause (d) and (e) herein, or at the end of the work on the distant job, or on termination whichever comes first.

10 Termination

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

11 Construction Camp standards

(a) Construction camps, as referred to in subclause 7 hereof of this ward, shall comply with the following standards:

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

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

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

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

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

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