MA000020 PR538792 |
FAIR WORK COMMISSION |
DETERMINATION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years
Master Builders Australia Limited
(AM2012/48 and others)
BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2010
[MA000020]
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT WATSON |
MELBOURNE, 15 JULY 2013 |
Modern Awards Review 2012 - applications to vary the Building and Construction General On-site Award 2010 - modern award varied.
A. Further to the decision issued on 15 July 2013 [[2013] FWC 4576] it is ordered that the Building and Construction General On-site Award 2010 be varied as follows:
1. By deleting in clause 3.1 the definition of “new construction work on a multistorey building”.
2. By inserting the following new definitions in alphabetical order in clause 3.1:
double time means the ordinary time hourly rate multiplied by 200%
double time and a half means the ordinary time hourly rate multiplied by 250%
ordinary time hourly rate means:
• 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 28.2 or 28.3) divided by 38;
• for employees covered by clause 42 – Lift industry, includes the all purpose amounts specified in clause 42;
• for forepersons and supervisors in the metal and engineering construction sector the relevant weekly rate specified in clause 43.2(a) divided by 38;
• for leading hands includes the amount calculated in accordance with clause 19.2(a) or (b)
time and a half means the ordinary time hourly rate multiplied by 150%
3. By deleting clause 4.2 and inserting the following:
4.2 Without limiting the generality of the exclusion, this award does not cover employers covered by:
(a) the Manufacturing and Associated Industries and Occupations Award 2010;
(b) the Joinery and Building Trades Award 2010;
(c) the Electrical, Electronic and Communications Contracting Award 2010;
(d) the Plumbing and Fire Sprinklers Award 2010;
(e) the Black Coal Mining Industry Award 2010;
(f) the Mining Industry Award 2010;
(g) the Quarrying Award 2010; or
(h) the Pre-Mixed Concrete Award 2010.
4. By deleting clause 13.2 and inserting the following:
13.2 For each ordinary hour worked, a part-time employee will be paid no less than the ordinary time hourly rate for the relevant classification and pro rata entitlements for those hours. An employer must inform a part-time employee of the ordinary hours of work and the starting and finishing times.
5. By deleting clause 15.3(a) and inserting the following:
(a) When overtime and/or shiftwork are worked the relevant penalties and allowances prescribed by the award will apply, based on the applicable ordinary time hourly rate. No apprentice/trainee will work overtime or shiftwork on their own or without supervision.
6. By deleting clause 17.3(c) and inserting the following:
(c) Week’s pay means the ordinary time hourly rate at the time of termination multiplied by 38. Hour’s pay means the ordinary time hourly rate at the time of termination.
7. By deleting clause 19.1(b) and inserting the following:
(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 time hourly rate for an employee’s classification is set out in clause 3.
8. By deleting clause 19.4(a) and inserting the following:
(a) A new employee, if engaged and presenting for work to commence employment and not being required, will be entitled to at least eight hours’ work or payment therefore at ordinary time hourly rates, plus the appropriate allowance prescribed by clause 25—Fares and travel patterns allowance.
9. By deleting clause 21.7 and inserting the following:
21.7 Carpenter-diver allowance
Employees undertaking work normally performed by a carpenter-diver must be paid an additional 4.5% of the hourly standard rate per hour extra which will be regarded as part of the ordinary time hourly rate for all purposes of the award.
10. By deleting clause 21.8(b) and inserting the following:
(b) This allowance must be paid instead of all special rates prescribed in clause 22—Special rates, except clauses 22.2(b) and 22.2(c) and will be regarded as part of the ordinary time hourly rate.
11. By deleting clause 22.2(m) and inserting the following:
(m) Furnace work
An employee engaged in the construction of, or alteration or repairs to, boilers, flues, furnaces, retorts, kilns, ovens, ladels, and similar refractory work must be paid an additional 8.5% of the hourly standard rate per hour. This additional rate will be regarded as part of the ordinary time hourly rate for all purposes.
12. By deleting clause 22.2(n) and inserting the following:
(n) Acid work
An employee required to work on the construction of or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork must be paid an additional 8.5% of the hourly standard rate per hour. This additional rate will be part of the ordinary time hourly rate for all purposes.
13. By deleting clause 22.3(l) and inserting the following:
(l) Brewery cylinders—painters
(i) A painter in brewery cylinders or stout tuns must be allowed a 15 minute spell in the fresh air at the end of each hour worked. Such 15 minutes will be counted as working time and will be paid for as such.
(ii) The rate for working in brewery cylinders or stout tuns will be at the rate of time and a half. When an employee is working overtime and is required to work in brewery cylinders and stout tuns the employee must, in addition to the overtime rates payable, be paid one half of the ordinary time hourly rates.
14. By deleting clause 23.7 and inserting the following:
23.7 Where an employee is not able to perform any work at any location because of inclement weather, the employee will receive payment at the ordinary time hourly rate for ordinary hours. Payment for time lost due to inclement weather is subject to a maximum of 32 hours pay in any four week period for each employee. Payment is subject to adherence to the terms of this clause.
15. By renumbering clause 23.8 as clause 23.8(a).
16. By inserting a new clause 23.8(b) as follows:
(b) The first period will be deemed to commence on the first Monday after 28 December 2009 and subsequent periods will commence at four weekly periods thereafter, provided that a calendar that was being used immediately before 15 July 2013 may still apply.”
17. By deleting clause 24.4(a) and inserting the following:
(a) Where 10 or more employees are engaged, the employer will provide a cook. If there are less than 10 employees, the employer must reimburse employees for food reasonably purchased by them for their own use or must reimburse the reasonable cost of meals consumed in the nearest recognised centre, provided this subclause will not apply where the employee is provided with three meals per day in accordance with clause 24.3(a)(ii).
18. By deleting clause 24.7(a)(i) and inserting the following:
(i) An employee must:
19. By deleting clause 25.5 and inserting the following:
25.5 Travelling outside radial areas
Where an employer requires an employee to travel daily from inside one radial area mentioned in clauses 25.2, 25.3 and 25.4, to work on a construction site outside that area, the employee will be entitled to:
(a) the allowance prescribed in clause 25.2 for each day worked; and
(b) in respect of travel from the designated boundary to the job and return to that boundary:
(i) the time outside ordinary working hours reasonably spent in such travel, which will be paid at the ordinary time hourly rate, and calculated to the next quarter of an hour with a minimum payment of one half an hour per day for each return journey; and
(ii) any expenses necessarily and reasonably incurred in such travel, which will be $0.46 per kilometre where the employee uses their own vehicle.
20. By deleting the words “clause C.3.1 of Schedule C” appearing in clause 28.1 and inserting “clause C.5.1 of Schedule C”.
21. By deleting clause 34.1(a) and inserting the following:
(a) Definitions
For the purposes of this clause:
afternoon shift means a shift commencing at or after 1.00 pm and before 3.00 pm
night shift means a shift commencing at or after 3.00 pm and before 11.00 pm
morning shift means a shift commencing at or after 4.30 am and before 6.00 am
early afternoon shift means a shift commencing on or after 11.00 am and before 1.00 pm
22. By deleting clause 34.1(b) and inserting the following:
(b) When an employee is employed continuously (inclusive of public holidays) for five shifts Monday to Friday, the following rates will apply:
(i) afternoon and night shift—ordinary time hourly rate plus 50%;
(ii) morning and early afternoon shifts—ordinary time hourly rate plus 25%.
23. By deleting clause 34.1(d) and inserting the following:
(d) In the case of broken shifts (i.e. less than 38 ordinary hours worked over five consecutive shifts Monday to Friday) the rates prescribed will be time and a half for the first two hours and double time thereafter.
24. By deleting clause 34.1(e) and inserting the following:
(e) The ordinary hours of morning, early afternoon, afternoon and night shift will be eight hours daily inclusive of meal breaks. Provided where shiftwork comprises three continuous and consecutive shifts of eight 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.
25. By deleting clause 34.1(g) and inserting the following:
(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.
26. By deleting clause 34.1(i) and inserting the following:
(i) All work in excess of shift hours, Monday to Friday, other than holidays must be paid for at double time (excluding shift rates).
27. By deleting clause 34.2(j) and inserting the following:
(j) Shift allowances
A shiftworker whilst on afternoon or night shift other than on a Saturday, Sunday or holiday must be paid their ordinary time hourly rate plus 15%.
28. By deleting clause 34.2(n) and inserting the following:
(n) Permanent night shift
An employee who (except at their own request pursuant to clause 34.2(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 four 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 their ordinary time hourly rate plus 30% for all time worked during ordinary working hours on such night shift.
29. By deleting clause 34.2(o) and inserting the following:
(o) Call outs
A shiftworker called out to work after the expiration of their customary working time and after they have left work for the shift, or is called out to work on a day on which they are rostered off, must be paid for a minimum of three hours work calculated at double time for each occasion the shiftworker is called out. Provided that if called out on a public holiday, payment must be calculated at the rate prescribed in clause 37.9 of this award.
30. By deleting clause 36.5 and inserting the following:
36.5 If an employer requires an employee to work during the time prescribed by clause 35.1 for finishing of work, the employee must be paid at the rate of double time for the period worked between the prescribed time of finishing and the beginning of the time allowed in substitution for the meal break. If the finishing time is shortened at the request of the employee to the minimum of 30 minutes prescribed in clause 35.1 or to any other extent (not being less than 30 minutes) the employer will not be required to pay more than the ordinary time hourly rate of pay for the time worked as a result of such shortening, but such time will form part of the ordinary working time of the day.
31. By deleting clause 37.6 and inserting the following:
37.6 An employee working overtime on Saturday or Sunday must be allowed a paid rest period of 10 minutes between 9.00 am and 11.00 am. This provision operates in place of clause 35.3(a).
32. By deleting clause 37.7 and inserting the following:
37.7 An employee working overtime on a Saturday or working on a Sunday must be allowed a paid crib time of 20 minutes after four hours work, to be paid for at the ordinary time hourly rate of pay but this provision will not prevent any arrangements being made for the taking of a 30 minute meal period, the time in addition to the paid 20 minutes being without pay. This provision operates in place of clause 35.1(a).
33. By deleting clause 37.8 and inserting the following:
37.8 In the event of an employee being required to work in excess of a further four hours, the employee must be allowed to take a paid crib time of 30 minutes which will be paid at the ordinary time hourly rate of pay. This provision operates in place of clause 35.3(a) and (b).
34. By deleting the table appearing in clause 43.2(a) and inserting the following:
Classification |
Supervision of three or more tradespersons, excluding leading hands |
Supervision of other than three or more tradespersons, excluding leading hands |
Foreperson/supervisor |
The average of the weekly wage rates for
|
The average of the weekly wage rates for
|
General foreperson/supervisor |
The highest weekly wage rate paid for 38 ordinary hours of work to a
|
The highest weekly wage
|
35. By inserting a new clause 43.6 as follows:
43.6 Definitions
(a) Foreperson/supervisor shall mean an employee (other than a leading hand) appointed as such or required by his/her employer to be mainly engaged in the direct supervision of employees including those employed as leading hands, covered by this award.
(b) General foreperson/supervisor shall mean an employee appointed as such or required by his/her employer to be mainly engaged in the direct supervision and coordination of the work of at least two forepersons/supervisors as defined in clause 43.6(a) but shall not include site managers, nor departmental heads and the like.
36. By deleting clause B.1.13 and inserting the following:
B.1.13 Work in a technical field includes:
• Production planning, including scheduling, work study, and estimating materials, handling systems and like work;
• Technical, including inspection, quality control, supplier evaluation, laboratory, non-destructive testing, technical purchasing, and design and development work (prototypes, models, specifications) in both product and process areas and like work; and
• Design and draughting and like work.
37. By deleting clauses B.2.4 to B.2.9 and inserting the following:
B.2.4 Construction worker level 4/Engineering construction worker level 4 (Engineering construction tradesperson level II and Engineering construction technician level I) (CW/ECW 4)
(a) A CW/ECW 4 works in one or more skill streams contained within this award. A CW/ECW 4 will:
(i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 3; or
(ii) have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;
any one of which will qualify the employee as a CW/ECW 4, or is an:
• Engineering construction tradesperson (electrical/ electronic) level II; or
• Engineering construction tradesperson (mechanical) level II; or
• Engineering construction tradesperson (fabrication) level II;
who has completed the following training requirements:
• three appropriate modules in addition to the training requirements of CW/ECW 3 level; or
• three appropriate modules towards an Advanced Certificate; or
• three appropriate modules towards an Associate Diploma; or
• any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
• will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards; or
• tasks which an employee at this level may perform are subject to the employee having the appropriate Trade and Post Trade training to enable them to perform the particular tasks.
(b) Skills and duties
(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.
(ii) An employee at this level may be part of a self-directed WAT, and may be required to perform a range of duties across the skill streams contained within this award.
(iii) An employee at this level:
• exercises skills attained through satisfactory completion of the training/work experience prescribed for this classification;
• exercises discretion within the scope of this grade;
• works under limited supervision either individually or in a team environment;
• understands and implements quality control techniques;
• provides guidance and assistance as part of a work team;
• exercises advanced trades and non-trade skills relevant to the specific requirements of the industry or enterprise at a higher level than CW/ECW 3.
(c) Indicative tasks which an employee may perform at this level include the following:
• exercises precision trade and non-trade skills using various materials and specialised techniques at a higher level than CW/ECW 3;
• operates, and maintains plant and machinery;
• is able to plan construction sequencing.
(d) The CW/ECW 4 classification incorporates the following broadbanded award classifications:
• Bitumen sprayer (driver)
• Compactor—up to but not exceeding 48 kW (65 hp)
• Concrete paver
• Crawler loader (up to and including 15,000 kg mass)
• Crawler tractor not using power operated attachments above class 3
• Crawler tractor using power operated attachments class 3, 4, 5 and 6
• Dumper, rear and bottom (above 2 cubic metres, up to and including 30 cubic metres struck capacity)
• Electrician special class
• Excavator up to and including 0.5 cubic metre capacity
• Floating crane—up to and including 10 ton
• Forklift—up to but not exceeding 48 kW (65 hp)
• Geotextile/geomembrane worker level 4
• Grader, power operated below 35 kW brake power
• Inspector
• Instrument tradesperson complex systems
• Instrument tradesperson
• Joiner special class
• Joiner-setter out
• Letter cutter
• Loader, front end or overhead, up to and including 2.25 cubic metres
• Locomotive (not carrying passengers)
• Marker-setter out
• Mechanical tradesperson special class
• Mobile concrete boom pump operator
• Mobile crane—up to and including 10 ton
• Operator, tractor—up to but not exceeding 48 kW (65 hp)
• Operator, pneumatic tyred tractor—with power operated attachments (above 15 kW, up to and including 150 kW net engine power)
• Operator of mobile crane with lifting capacity in excess of 8 ton and not exceeding 15 ton
• Operator, drilling machine—over 155 mm to 230 mm diameter
• Other cranes—over 5 ton and not exceeding 15 ton road roller
• Shaft or trench sinker
• Pile driver
• Prefab setter
• Roadmarker operator
• Road roller (8 ton and above)
• Road roller, vibrating (4 ton and above)
• Scraper (up to and including 10 cubic metres struck capacity)
• Scraper, self-powered under 10 cubic metres struck capacity
• Signwriter
• Skid steer tractor—up to but not exceeding 48 kW (65 hp)
• Specialist landscaper tradesperson
• Track laying, fixing or levelling machine (railway construction)
• Trench machine (depth up to 2.4 metres, and width up to 450 mm) and bucket wheel trencher with equivalent capacity in cubic metres per hour
• Tunneller 2
• Winding and haulage driver
(e) Engineering Construction Technician Level I
An Engineering construction technician level I being an employee who has the equivalent level of training and/or experience to a CW/ECW 4 tradesperson in the technical fields as defined but is engaged in detail draughting or routine planning or technical tasks requiring technical knowledge.
(f) An employee at this level may be undergoing training so as to qualify as a CW/ECW 5.
B.2.5 Construction worker level 5/Engineering construction worker level 5 (Special class engineering construction tradesperson level I and Engineering construction technician level II) (CW/ECW 5)
(a) A CW/ECW 5 works in one or more skill streams contained within this award. A CW/ECW 5 will:
(i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 4; or
(ii) have successfully completed, in accordance with RPL principles, a Skills Test equivalent to the requirements,
either of which will qualify the employee for a CW/ECW 5; or a
• Special class engineering construction tradesperson (electrical/electronic) level I;
• Special class engineering construction tradesperson (mechanical) level I; or
• Special class engineering construction tradesperson (fabrication) level I;
who has completed the following training requirements:
• six appropriate modules in addition to the training requirements of CW/ECW 3 level; or
• six appropriate modules towards an Advanced Certificate; or
• six appropriate modules towards an Associate Diploma; or
• any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
• will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.
(b) Skills and duties
(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.
(ii) An employee at this level may be part of a self-directed WAT, and may be required to perform a range of duties across the skill streams contained in this award.
(iii) An employee at this level:
• exercises skills attained through satisfactory completion of the training/work experience prescribed for this classification;
• exercises discretion within the scope of this grade;
• provides trades guidance and assistance as part of a work team;
• assists in the provision of training in conjunction with supervisors and trainers;
• understand and implements quality control techniques;
• works under limited supervision either individually or in a team environment;
• assists in the provision of training in conjunction with supervisors.
(c) Indicative tasks which an employee may perform at this level include the following:
• exercises precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 4;
• operates, and maintains complex plant and machinery;
• is able to plan complex construction sequencing;
• performs operations on a Computer-Aided Design and Computer Aided Manufacturing (CAD/CAM) terminal in the performance of routine modifications to the Numeric Control/Computer Numeric Control (NC/CNC) programs;
• installs, repairs and maintains, tests, modifies, commissions and/or fault finds on complex machinery and equipment which utilises hydraulic and/or pneumatic principles and in the course of such work, is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems;
• works on complex or intricate circuitry which involves examining, diagnosing and modifying systems comprising inter-connected circuits.
(d) The CW/ECW 5 classification incorporates the following broadbanded award classifications:
• Carver
• Compactor—from 48 kW (65 hp),
• Crawler loader (above 15,000 kg mass, up to and including 60,000 kg mass)
• Crawler tractor using power operated attachments class 7, 8 and 9
• Dragline/shovel excavator—up to but not exceeding 3.0 metre capacity
• Dumper, rear and bottom (above 30 cubic metres, up to and including 120 cubic metres struck capacity)
• Dumper—up to but not exceeding 100 ton
• Excavator above 0.5 cubic metres
• Excavator—hydraulic telescopic boom type
• Floating crane—over 10 but not exceeding 100 ton
• Forklift—from 48 kW (65 hp) up to but not exceeding 220 kW (295 hp)
• Geotextile/geomembrane worker level 5
• Grader
• Grader—from 96 kW (130 hp) up to but not exceeding 148 kW (200 hp)
• Loader—front end and overhead, from 48 kW (65 hp) up to but not exceeding 370 kW (500 hp)
• Locomotive (carrying passengers)
• Mobile crane—over 10 but not exceeding 100 ton
• Operator, drilling machine, over 230 mm diameter
• Operator, pneumatic tyred loader (over 105 kW, up to and including 500 kW net engine power)
• Operator, pneumatic tyred tractor using power operated attachments in excess of 110 kW brake power
• Operator, tunnel boring machine; operator, tunnel excavating machine
• Other cranes—over 15 but not exceeding 100 ton
• Refractory bricklayer
• Scraper, self-powered over 10 cubic metres struck capacity
• Side boom/pipe layer—up to but not exceeding 220 kW (295 hp)
• Skid steer tractor—from 48 kW (65 hp)
• Special class trades
• Tractor—from 48 kW (65 hp) up to but not exceeding 370 kW (500 hp)
• Trainee dogger/crane hand (fixed cranes)
• Trenching machine (greater than 2.4 metres depth and 450 mm width) and bucketwheel trencher with equivalent capacity in cubic metres per hour
(e) Engineering Construction Technician Level II
An Engineering construction technician level II is an employee who has equivalent level of training and/or experience to an Engineering construction tradesperson special class level I but is engaged in detail draughting or planning or technical work which requires the exercise of judgment and skill in excess of that required of an employee at CW/ECW 4 under the supervision of technical staff.
(f) An employee at this level may be undergoing training so as to qualify as a CW/ECW 6.
B.2.6 Construction worker level 6/Engineering construction worker level 6 (Special class engineering construction tradesperson level II and Engineering construction technician level III ) (CW/ECW 6)
(a) A CW/ECW 6 works in one or more skill streams contained within this award. A CW/ECW 6 will:
(i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 6; or
(ii) have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level,
either of which will qualify the employee for a CW/ECW 6; or a
• Special class engineering construction tradesperson (electrical/ electronic) level II; or
• Special class engineering construction tradesperson (mechanical) level II; or
• Special class engineering construction tradesperson (fabrication) level II;
who has completed the following training requirements:
• nine appropriate modules in addition to the requirements of CW/ECW 3 level; or
• nine appropriate modules towards an Advanced Certificate; or
• nine appropriate modules towards an Associate Diploma; or
• any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
• will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.
(b) Skills and duties
(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.
(ii) An employee at this level may be part of a self-directed WAT, and may be required to perform a range of duties across the skill streams contained within this award.
(iii) An employee at this level:
• exercises skills attained through satisfactory completion of the training/work experience prescribed for this classification;
• exercises discretion within the scope of this grade;
• provides trades guidance and assistance as part of a work team;
• provides training in conjunction with supervisors and trainers;
• works under limited supervision either individually or in a team environment;
• understands and implements quality control techniques.
(c) Indicative tasks which an employee may perform at this level include the following:
• operates plant and equipment at a higher level of skill than CW/ECW 5;
• exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 5;
• implements quality control techniques;
• plans complex construction sequencing;
• works on machines or equipment which utilise complex mechanic or hydraulic and/or pneumatic circuitry and controls or a combination thereof;
• works on machinery or equipment which utilises complex electrical/ electronic circuitry and controls;
• works on instruments which make up a complex control system which utilises some combination of electrical/electronic, mechanical or fluid power principles;
• applies advanced computer numerical control techniques in machining or cutting or welding or fabrication;
• exercises intermediate CAD/CAM skills in the performance of routine modifications to programs;
• works on complex or intricate interconnected electrical circuits at a level above CW/ECW 5;
• works on complex radio/communication equipment.
(d) The CW/ECW 6 classification incorporates the following broadbanded award classifications:
• Dumper—from 100 ton struck capacity
• Electronics tradesperson
• Instrumentation and control tradesperson
• Loader—front end and overhead, from 370 kW (500 hp) up to but not exceeding 450 kW (600 hp)
• Mobile crane with lifting capacity in excess of 100 ton and not exceeding 140 ton
• Operator (dragline/shovel excavator—from 3 cubic metres, side boom/pipe layer—from 220 kW (295 hp)
• Operator of mobile crane with lifting capacity in excess of 140 ton and not exceeding 180 ton
• Tractor—from 370 kW (500 hp) up to but not exceeding 450 kW (600 hp)
(e) Engineering Construction Technician Level III
An Engineering construction technician level III is an employee who has equivalent level of training and/or experience to an Engineering construction tradesperson special class level II but is engaged in one of the following areas:
• detail draughting or planning or technical duties requiring judgement and skill in excess of that required of a Technician at CW/ECW 5 level under the supervision of Technical Staff; or
• possesses a level of training and/or experience at CW/ECW 6 level and exercises cross skilling in technical fields as defined.
(f) An employee at this level may be undergoing training so as to qualify as a CW/ECW 7.
B.2.7 Construction worker level 7/Engineering construction worker level 7 (Special class engineering construction tradesperson level III) (CW/ECW 7)
(a) A CW/ECW 7 works in one or more skill streams contained within this award. A CW/ECW 7 will:
(i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 6; or
(ii) have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level,
either of which will qualify the employee for a CW/ECW 7; or is a
• Special class engineering construction tradesperson Level III is a:
• Special class engineering construction tradesperson (electrical/ electronic) Level III; or
• Special class engineering construction tradesperson (mechanical) level III; or
• Special class engineering construction tradesperson (fabrication) level III;
who has completed:
• ten and a half appropriate modules of an Advanced Certificate; or
• ten and a half appropriate modules of an Associate Diploma; or
• ten and a half appropriate modules in addition to the requirements of ECW3
• any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
• will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.
(b) Skills and duties
(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.
(ii) An employee at this level may be part of a self-directed WAT and may be required to perform a range of duties across the skill streams contained within this award.
(iii) An employee at this level:
• exercises skills attained through satisfactory completion of the training prescribed for this classification;
• exercises discretion within the scope of this grade;
• provides training in conjunction with supervisors and trainers;
• understand and applies quality control techniques;
• prepares complex reports;
• contributes to the design of work, and the application of labour;
• assists in the supervision or organisation of WATs;
• is able to provide trade guidance and assistance as part of a work team; and
• works under limited supervision either individually or in a team environment.
(c) Indicative tasks which an employee may perform at this level include the following:
• works on plant and equipment at a higher level of skill than CW/ECW 6;
• exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 6;
• implements quality control techniques;
• plans complex construction sequencing;
• works on machines or equipment which utilise complex mechanic or hydraulic and/or pneumatic circuitry and controls or a combination thereof;
• works on machinery or equipment which utilises complex electrical/ electronic circuitry and controls;
• works on instruments which make up a complex control system which utilises some combination of electrical/electronic mechanical or fluid power principles;
• applies advanced computer numerical control techniques in machining or cutting or welding or fabrication;
• exercises intermediate CAD/CAM skills in the performance of routine modifications to programs;
• working on complex or intricate interconnected electrical circuits at a level above CW/ECW6;
• working on complex radio/communication equipment.
(d) The CW/ECW 7 classification incorporates the following broadbanded award classifications:
• Dogger-crane hand (fixed cranes)
• Mobile crane with lifting capacity in excess of 180 ton and not exceeding 220 ton
• Operator, tower crane driver, operator of tractor—from 450 kW (600 hp)
• Operator, mobile crane with lifting capacity in excess of 220 ton)
• Sub-foreperson
(e) An employee at this level may be undergoing training so as to qualify as a CW/ECW 8.
B.2.8 Construction worker level 8/Engineering construction worker level 8 (Advanced engineering construction tradesperson level I and Engineering construction technician level IV) (CW/ECW 8)
(a) A CW/ECW 8 works in one or more skill streams contained within this award. A CW/ECW 8 will:
(i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 7; or
(ii) have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level,
either of which will qualify the employee for a CW/ECW 8; or is an
• Advanced engineering construction tradesperson (electrical/electronic) level I; or
• Advanced engineering construction tradesperson (mechanical) level I; or
• Advanced engineering construction tradesperson (fabrication) level I;
who has completed:
• 12 appropriate modules of an Advanced Certificate; or
• 12 appropriate modules of an Associate Diploma; or
• 12 appropriate modules in addition to the requirements of CW/ECW 3; or
• any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
• will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards; or is an
(b) Skills and duties
(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.
(ii) An employee at this level may be part of a self-directed WAT, and may be required to perform a range of duties across the three skill streams contained within this award.
(iii) An employee at this level:
• exercises skills attained through satisfactory completion of the training prescribed for this classification;
• exercises discretion within the scope of this grade;
• designs training programs in conjunction with relevant supervisors and trainers;
• understands and applies quality control techniques;
• prepares complex reports;
• contributes to the design of work and the application of labour;
• undertakes quality control and work organisation at a level higher than for CW/ECW7;
• provides trade guidance and assistance as part of a work team;
• assists in the provision of training to employees in conjunction with supervisors/trainers;
• performs maintenance planning and predictive maintenance work not in Technical Fields;
• works under limited supervision either individually or in a team environment;
• prepares reports of a technical nature on specific tasks or assignments as directed;
• exercises broad discretion within the scope of this level.
(c) Indicative tasks which an employee may perform at this level include the following:
• works on plant and equipment at a higher level of skill than CW/ECW 7;
• exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 7;
• implements quality control programs;
• plans complex construction sequencing;
• works on combinations of machines or equipment which utilises complex electrical or electronic, mechanical or fluid power principles;
• works on instruments which make up a complex control system which utilises some combination of electrical, electronic, mechanical or fluid power principles and electronic circuitry containing complex analogue and/or digital control systems utilising integrated circuitry;
• applies computer integrated manufacturing techniques involving a higher level of computer operating and programming skills than for CW/ECW 7;
• works on various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems using integrated circuitry.
(d) The CW/ECW 8 classification incorporates the following broadbanded award classifications:
• Carpenter-diver
• Foreperson (as defined)
(e) Engineering Construction Technician Level IV
Engineering Construction Technician level IV means an employee who has equivalent level of training and skills to an Advanced engineering construction tradesperson level II but is engaged in one of the following areas to the extent of that training:
• detail draughting involving originality of thought which requires the exercise of judgment and skill in excess of that required of an Engineering construction technician at CW/ECW 7 level under the supervision of Technical and/or Professional staff; or
• is engaged in planning or technical duties requiring judgment and skill in excess of that required of a Technician at CW/ECW 7 level under the supervision of Technical and/or Professional staff; or
• exercises a level of cross skilling in technical fields.
B.2.9 Engineering construction worker level 9 (Advanced engineering construction tradesperson level II and Engineering construction technician level V) (ECW 9)
(a) An Advanced engineering construction tradesperson level II is an:
• Advanced engineering construction tradesperson (electrical/electronic) level II; or
• Advanced engineering construction tradesperson (mechanical) level II; or
• Advanced engineering construction tradesperson (fabrication) level II;
who has completed:
• an Advanced Certificate; or
• 15 appropriate modules of an Associate Diploma; or
• 15 appropriate modules in addition to the requirements of CW/ECW 3; or
• any training which a registered provider (e.g. TAFE) or by a State training authority has been recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
• will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.
(b) An Advanced engineering construction tradesperson level II works above and beyond a Tradesperson at CW/ECW 8 and to the level of their training:
• provides technical guidance or advice within the scope of this level;
• prepares reports of a technical nature on specific tasks or assignment as directed or within the scope of discretion at this level;
• has an overall knowledge and understanding of the operating principle of the systems and equipment on which the tradesperson is required to carry out their task;
• assists in the provision of on-the-job training in conjunction with supervisors and trainers.
(c) Indicative tasks which an employee may perform at this level, subject to the employee having the appropriate Trade and Post Trade Training to enable the employee to perform them, are:
• through a systems approach able to exercise high level diagnostic skills on complex forms of machinery, equipment or instruments which utilise some combination of electrical, electronic, mechanical or fluid power principles;
• set up, commission, maintain and operate sophisticated maintenance, production and test equipment and/or systems involving the application of computer operating skills at a higher level than a CW/ECW8;
• works on various forms of machinery and equipment electronically controlled by complex digital and/or analogue control systems using integrated circuitry;
• works on complex electronics or instruments or communications equipment or control systems which utilise electronic principles and electronic circuitry containing complex analogue and/or digital control systems using integrated circuitry.
(d) Engineering Construction Technician Level V
An Engineering construction technician level V has the level of training and skills to an Advanced engineering construction tradesperson level II but is engaged in one of the following areas:
• undertakes draughting or planning which requires the exercise of judgment and skill in excess of that required of an Engineering technician level IV at CW/ECW 8; or
• exercises a level of cross skilling in technical fields as defined, consistent with the training and experience at this grade.
B. This determination will come into operation on the first full pay period commencing on or after 15 July 2013.
SENIOR DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code G>