MA000020  PR740696
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.285—Annual wage review

Annual Wage Review 2021–22
(C2022/1)

BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2020
[MA000020]

Building, metal and civil construction industries

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT ASBURY
COMMISSIONER HAMPTON
MR FERGUSON
PROFESSOR WOODEN
MS LABINE-ROMAIN

MELBOURNE, 28 JUNE 2022

Annual Wage Review 2021–22.

A. Further to the decision issued by the Expert Panel in the Annual Wage Review 2021–22 on 15 June 2022 [[2022] 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)

1100.80

28.97

Level 8 (CW/ECW 8)

1081.80

28.47

Level 7 (CW/ECW 7)

1056.10

27.79

Level 6 (CW/ECW 6)

1026.80

27.02

Level 5 (CW/ECW 5)

1000.10

26.32

Level 4 (CW/ECW 4)

970.50

25.54

Level 3 (CW/ECW 3)

940.90

24.76

Level 2 (CW/ECW 2)

914.20

24.06

Level 1 (CW/ECW 1)—CW/ECW 1 (level d)

896.30

23.59

Level 1 (CW/ECW 1)—CW/ECW 1 (level c)

880.50

23.17

Level 1 (CW/ECW 1)—CW/ECW 1 (level b)

868.70

22.86

Level 1 (CW/ECW 1)—CW/ECW1 (level a)

852.00

22.42

2. By deleting the amount “$21.59” appearing in clause 19.5 and inserting “$22.58”.

3. By deleting the table appearing in clause 19.10(b) and inserting the following:

Item

Stage 1

Stage 2

Stage 3

 

$

$

$

Base rate

732.34

774.14

824.24

Industry allowance—civil construction industry

56.45

56.45

56.45

Total weekly rate

788.79

830.59

880.69

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

645.64

663.64

Industry allowance

56.45

56.45

Weekly rate

702.09

720.09

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

645.64

663.64

Industry allowance

45.16

45.16

Weekly rate

690.80

708.80

6. By deleting the amount “$53.97” appearing in clause 22.1(a) and inserting “$56.45”.

7. By deleting the amount “$43.18” appearing in clause 22.1(b) and inserting “$45.16”.

8. By deleting the amount “$16.19” appearing in clause 23.2(a) and inserting “$16.94”.

9. By deleting the amount “$3.60” appearing in clause 23.2(b) and inserting “$3.76”.

10. By deleting the amounts “$0.76” and “$1.52” wherever they appear in clause 23.3(d) and inserting “$0.79” and “$1.58” 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

0.64

From the 16th to 30th floor level

0.77

From the 31st to 45th floor level

1.19

From the 46th to 60th floor level

1.54

From the 61st floor level onward

1.88

12. By deleting the amount “$0.76” wherever it appears in clause 23.3(f)(i) and inserting “$0.79”.

13. By deleting the amount “$3.17” appearing in clause 23.4(c) and inserting “$3.32”.

14. By deleting the amount “$1.07” appearing in clause 23.5 and inserting “$1.11”.

15. By deleting the amount “$3.24” appearing in clause 23.6(b)(i) and inserting “$3.39”.

16. By deleting the amount “$5.13” appearing in clause 23.6(b)(ii) and inserting “$5.36”.

17. By deleting the amount “$71.06” appearing in clause 23.7 and inserting “$74.33”.

18. By deleting the amount “$28.78” appearing in clause 23.8(a) and inserting “$30.11”.

19. By deleting the amount “$42.28” appearing in clause 23.9(b) and inserting “$44.22”.

20. By deleting the amount “$5.52” appearing in clause 23.10(b)(i) and inserting “$5.77”.

21. By deleting the amount “$0.76” appearing in clause 23.10(c) and inserting “$0.79”.

22. By deleting the amount “$133.13” appearing in clause 42.2(a) and inserting “$139.25”.

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

1010.50

1095.40

General foreperson/supervisor

983.20

1072.30

24. By deleting the amount “$899.50” appearing in clause B.1.1 and inserting “$940.90”.

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

56.45

per week

Civil construction industry allowance*

22.1(a)

6.0

56.45

per week

Metal and engineering construction industry allowance*

22.1(a)

6.0

56.45

per week

Residential building and construction industry*

22.1(b)

4.8

45.16

per week

All sectors

       

Mobile cranes capacity adjustment formula (Level 5 (CW/EW5) and above)

19.5

2.4

22.58

per week for each additional 40 tonnes over max limit

Underground allowance (other than Operator classification)*

23.2(a)

1.8

16.94

per week

Underground allowance—no more than 4 days/shifts in ordinary week

23.2(b)

0.4

3.76

per day or shift

First aid allowance—minimum qualifications

23.6(b)(i)

0.36

3.39

per day

First aid allowance—higher first aid certificate

23.6(b)(ii)

0.57

5.36

per day

Air-conditioning industry and refrigeration industry allowances

23.7

7.9

74.33

per week

Electrician’s licence allowance*

23.8(a)

3.2

30.11

per week

In charge of plant allowance

23.9(b)

4.7

44.22

per week

Lift industry

       

Lift industry allowance*

42.2(a)

14.8

139.25

per week

26. By deleting the amount “$23.67” appearing in clause B.1.2 and inserting “$24.76”.

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

0.79

per hour

Multistorey allowance—structure without regular storey levels—work above each additional 15 metres

23.3(d)

3.2

0.79

per hour for each additional 15 metres

Multistorey allowance—commencement of building to 15th floor level

23.3(e)(i)

2.6

0.64

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

0.77

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

1.19

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

1.54

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

1.88

per hour

Multistorey allowance—service core—work more than 15 metres above main structure

23.3(f)(i)

3.2

0.79

per hour

Multistorey allowance—service core—work above each additional 15 metres

23.3(f)(i)

3.2

0.79

per hour for each additional 15 metres

Laser safety officer allowance

23.4(c)

13.4

3.32

per day or part thereof

Carpenter-diver allowance1

23.5

4.5

1.11

per hour

General building and construction sector

       

Computing quantities allowance

23.10(b)(i)

23.3

5.77

per day or part thereof

Scaffolding or rigging certificate allowance

23.10(c)

3.2

0.79

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

(a) Wage Level A

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

363.40

400.10

475.90

Plus 1 year out of school

400.10

475.90

553.90

Plus 2 years out of school

475.90

553.90

644.50

Plus 3 years out of school

553.90

644.50

738.00

Plus 4 years out of school

644.50

738.00

 

Plus 5 or more years out of school

738.00

   

(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

363.40

400.10

463.80

Plus 1 year out of school

400.10

463.80

533.50

Plus 2 years out of school

463.80

533.50

625.80

Plus 3 years out of school

533.50

625.80

713.70

Plus 4 years out of school

625.80

713.70

 

Plus 5 or more years out of school

713.70

   

(c) Wage Level C

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

363.40

400.10

463.80

Plus 1 year out of school

400.10

463.80

524.50

Plus 2 years out of school

463.80

524.50

586.00

Plus 3 years out of school

524.50

586.00

652.70

Plus 4 years out of school

586.00

652.70

 

Plus 5 or more years out of school

652.70

   

(d) AQF Certificate Level IV traineeships

D.5.2 Minimum wages for part-time traineeships

(a) Wage Level A

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 A by clause D.7.1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

11.95

13.16

15.65

Plus 1 year out of school

13.16

15.65

18.22

Plus 2 years out of school

15.65

18.22

21.20

Plus 3 years out of school

18.22

21.20

24.28

Plus 4 years out of school

21.20

24.28

 

Plus 5 or more years out of school

24.28

   

(b) Wage Level B

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 B by clause D.7.2 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

11.95

13.16

15.26

Plus 1 year out of school

13.16

15.26

17.55

Plus 2 years out of school

15.26

17.55

20.59

Plus 3 years out of school

17.55

20.59

23.48

Plus 4 years out of school

20.59

23.48

 

Plus 5 or more years out of school

23.48

   

(c) Wage Level C

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

11.95

13.16

15.26

Plus 1 year out of school

13.16

15.26

17.25

Plus 2 years out of school

15.26

17.25

19.28

Plus 3 years out of school

17.25

19.28

21.47

Plus 4 years out of school

19.28

21.47

 

Plus 5 or more years out of school

21.47

   

(d) School-based traineeships

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:

Year of schooling

Year 11 or lower

Year 12

per hour

per hour

$

$

11.95

13.16

(e) AQF Certificate Level IV traineeships

(f) Calculating the actual minimum wage

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 2022. 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 2022.

PRESIDENT

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