AW816828 PR919620

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Kate Bowshell

Associate to Senior Deputy President Williams

Dated 10 July 2002

AW816828 PR919620

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the

Workplace Relations and Other Legislation Amendment Act 1996

(C No. 00650 of 1998)

NATIONAL METAL AND ENGINEERING ON-SITE CONSTRUCTION INDUSTRY AWARD 1989

(ODN C No. 04547 of 1985)

[Print H8482 [AW790722]]

    Various employees

    Building, metal and civil construction industries

   

    SENIOR DEPUTY PRESIDENT WILLIAMS

    MELBOURNE, 1 JULY 2002

Award simplification.

ORDER

A. Further to the Award Simplification decision of the Commission issued on 23 December 1997 [Print P7500] the above award is varied as follows:

By deleting all clauses, schedules and appendices and inserting the following:

PART 1 - APPLICATION AND OPERATION OF AWARD

1. TITLE

This award shall be known as the National Metal and Engineering On-site Construction Industry Award 2002.

2. ARRANGEMENT

Part 1 - Application and operation of award

1. Title

2. Arrangement

3. Anti-discrimination

4. Definitions

5. Commencement date and period of operation

6. Coverage of award

7. Parties bound

8. Relationship with other awards

Part 2 - Award flexibility

9. Enterprise flexibility provisions

Part 3 - Consultation and dispute resolution

10. Settlement of disputes

Part 4 - Employer and employee duties, employment relationship and related matters

11. Employer and employee duties

12. Employment categories

13. Stand down provisions

14. Termination of employment

15. Redundancy

Part 5 - Wages and related matters

16. Weekly wage rates

17. Payment of wages

18. Allowances - all states and ACT

19. Allowances - ACT

20. Fares and travelling allowances

21. Living away from home - distant construction sites

22. Special rates

23. Superannuation

Part 6 - Hours of work, breaks, overtime, shift work, weekend work

24. Hours of work

25. Implementation of 38 hour week

26. Overtime

27. Weekend work

28. Meal break and rest period

29. Shift work

Part 7 - Leave of absence and public holidays

30. Annual leave

31. Personal leave

32. Parental leave

33. Jury service

34. Public holidays and holiday work

Part 8 - Training

35. Training

Appendix A - Lift industry

Appenidx B - Foremen and supervisors

Appendix C - Incidence of award

Appendix D - Outline of classification structure

Schedule A - Translation of existing classifications

Schedule B - Respondents

3. ANTI-DISCRIMINATION

3.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

3.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

3.3 Nothing in this clause is taken to affect:

3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

3.3.2 an employee, employer or registered organisation, pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

3.3.3 the exemptions in s.170CK(3) and (4) of the Act.

4. DEFINITIONS

4.1 On-site construction work shall mean:

4.1.1 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:

4.1.2 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 4.1.1.

4.1.3 Provided that it shall 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, including any such work associated with the installation or servicing of any of the following equipment or systems:

4.2 Air-conditioning and refrigeration

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

4.2.2 Air-conditioning tradesperson means a tradesperson engaged on site on the fabrication and/or installation of duct work and who in addition can fabricate and/or install such items as reducing pieces, lobster backs and other items, the fabrication and/or installation of which requires the application of general trade skill and knowledge.

4.2.3 Air-conditioning employee group 1 means an adult employee who has had twelve months experience in the industry and has attained sufficient skill and experience to enable him/her to perform all the duties on the installation of air conditioning equipment.

4.2.4 Air-conditioning employee group 2 means an employee who has had three months experience in the industry as a worker engaged on the installation of air-conditioning equipment.

4.2.5 Air-conditioning employee group 3 means an employee who, having no previous experience in the industry, is engaged on the installation of air-conditioning equipment.

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

4.2.7 Refrigeration mechanic means a person who has served an apprenticeship, or who is the holder of a tradespersons certificate issued by the appropriate authority as a refrigeration mechanic, who is required to apply general trade experience on refrigeration work (as defined).

4.3 Boilermaker means a tradesman who is required to develop work from drawings or prints, or to make templates, or to apply general trade experience in the fabrication, erection and/or repairing of steel or iron ships, or boilers or other vessels subject to greater pressure than the mass of their contents including iron and steel receivers or retorts, also riveting by hand or machine, caulking, chipping and operating all machines used in connection with the foregoing (other than stationary drilling machines) and carrying out such marking-off, welding or oxy-burning as is incidental to the work of a boilermaker.

4.4 Battery fitter means an adult employee wholly engaged in the erection, overhauling or repairing of storage batteries.

4.5 Cable jointer means an adult workman employed as a jointer of underground cables or employed fixing or repairing underground services in pipes.

4.6 Dogman and/or crane chaser (mobile equipment) means a dogman and/or crane chaser working with mobile cranes.

4.7 Electrical fitter means a fitter mainly engaged in making, fitting or repairing electrical machines, instruments or appliances, who in the course of his/her work applies electrical knowledge.

4.8 Electrical mechanic means a tradesman mainly engaged on electrical installation repair and maintenance work.

4.9 Electrician special class means an electrical fitter or electrical mechanic who is mainly engaged on complex or intricate circuitry or both, the performance of which work requires the use of additional knowledge as herein defined.

4.9.1 For the purpose of this definition additional knowledge means knowledge in excess of that gained by the satisfactory completion of the appropriate technical college trade course which has been acquired by the tradesman by virtue of his/her:

4.9.2 For the purpose of this definition the following courses are deemed to be prescribed post trade courses in industrial electronics:

4.10 Electronics tradesman means an electrical tradesman working at a level beyond electrician special class and who is mainly engaged in applying his/her knowledge and skills to the tasks of installing, repairing, maintaining, servicing, modifying, commissioning, testing, fault finding and diagnosing of various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems utilising integrated circuitry. The application of this skill and knowledge would require an overall understanding of the operating principles of the systems and equipment on which the tradesman is required to carry out his/her tasks.

4.10.1 To be classified as an electronics tradesman a tradesman must have a least three years on-the-job experience as a tradesman in electronic systems utilising integrated circuits and in addition must have satisfactorily completed a post trades course in electronics equivalent to at least two years part-time study.

4.10.2 In addition, to be classified as an electronics tradesman, a tradesman must be capable of:

4.11 Erector means an adult employee engaged in erecting hand rails, fencing and enclosures of any description and who is required to set out and properly align the work.

4.12 Fitter means a tradesman of one or more of the following classes: mechanical fitter, electrical fitter, pipe fitter on refrigeration work and/or high pressure work which includes live steam and hydraulic press work, points and crossings fitter and window frame fitter.

4.13 Inspector means a tradesman who is engaged to inspect components while in production or upon completion as to their conformity with a specified standard of quality and accuracy and who is authorised to exercise and does exercise a discretion to pass components which may not conform to that standard.

4.14 Instrument tradesman means a tradesman who is mainly engaged in installing, repairing, maintaining, servicing, industrial instruments and control systems.

4.14.1 An instrument tradesman will have completed an apprenticeship the greater part of which involved industrial instrumentation, or alternatively can demonstrate a knowledge and understanding of industrial instrumentation and can apply that knowledge and understanding to the tasks assigned by his/her employer. The required knowledge and understanding would have been gained by undertaking a formal training course run by a state education department or technical education department or its equivalent or by at least twelve months on-the-job experience as a tradesman at instrument work.

4.15 Instrument tradesman - complex systems means an instrument tradesman who is mainly engaged in installing, repairing, maintaining, servicing, testing, modifying, commissioning, calibrating and fault finding instruments which make up a complex control system which utilises some combination of electrical, electronic, mechanical, hydraulic and pneumatic principles.

4.15.1 To be classified as an instrument tradesman - complex systems a tradesman will have:

4.16 Instrumentation and controls tradesman means an instrument tradesman working at a level beyond that of instrument tradesman - complex systems and who is mainly engaged in applying his/her skills and knowledge to installing, repairing, maintaining, servicing, testing, modifying, commissioning, calibrating, and fault finding industrial instruments which make up a complex control system which utilises some combination of electrical, mechanical, hydraulic and pneumatic principles and electronic circuitry containing complex analogue and/or digital control systems utilising integrated circuitry.

4.16.1 The application of this skill and knowledge would require an overall understanding of the operating mode or principles of the various types of measurement and control devices on which the tradesman is required to perform his/her tasks. To be classified as an instrumentation and controls tradesman a tradesman must have at least three years on-the-job experience as a tradesman - twelve months of which must be at the level of instrument tradesman - complex systems and in addition must have completed a related post-trades course equivalent to at least two years part-time study.

4.16.2 In addition, to be classified as an instrumentation and controls tradesman, a tradesman must be capable of:

4.17 Insulator means an adult employee who operates and controls the applicator gun used in insulation by foam application equipment.

4.18 Leading hand means an employee who is given by the employer, or his/her agent, the responsibility of directing and/or supervising the work of other persons, not including ironworkers directly assisting a tradesman or apprentices.

4.19 Lagger means an adult employee engaged in the mixing or fixing of lagging on the job.

4.20 Linesman means an adult employee engaged in erecting, fixing, maintaining or repairing overhead conductors or electrical apparatus, or fixing service cut-out boxes or supporters for meters.

4.21 Locksmith means a tradesman engaged in the making and/or repairing of locks and the mechanism of safe and strong-room doors.

4.22 Marker off means a fitter the greater part of whose time is occupied in marking off or a boilermaker the greater period of those time in any weekly pay period is occupied in marking off and/or template making.

4.23 Mechanical tradesperson - special class means a mechanical tradesperson who is mainly engaged in any combination of installing, repairing and maintaining, testing, modifying, commissioning or fault finding on complex machinery and equipment which utilises hydraulic and/or pneumatic principles and who, in the course of such work, is required to read and understand hydraulic and/or pneumatic circuitry which controls fluid power systems.

4.23.1 To be classified as a mechanical tradesperson - special class a tradesperson will have:

4.23.2 For the purpose of this definition:

4.24 Motor mechanic means a tradesman engaged in repairing, altering, overhauling, assembling (except for the first time in Australia), or testing metal and/or electrical parts of the engine or chassis of motor cars, motorcycles or other motor vehicles.

4.25 Plant mechanic means a tradesman engaged in repairing and/or overhauling wheeled or tractor type mobile equipment associated with construction equipment, earth moving equipment, or agricultural and industrial mobile equipment such as petrol and/or diesel engines, chassis transmissions, hydraulics, electrical systems and ancillary equipment.

4.26 Rigger and/or splicer means an adult employee who is:

4.26.1 responsible for the rigging involved in the erection, placing in position, dismantling of structural steel, plant, buildings, machinery, equipment and like; or

4.26.2 responsible for the erection of tackle with wire or ropes for lifting; or

4.26.3 engaged on splicing or repairing wires and/or ropes (not including machine splicing); or

4.27 Rigger and/or splicer on construction work shall mean a rigger and/or splicer (as defined herein), engaged (other than in or about workshops, factories and/or adjoining areas) on:

4.27.1 new construction; or

4.27.2 reconstruction during planned shut-down periods; or

4.27.3 major repairs (not including general maintenance);

4.27.4 on site of multi-storey buildings in 20.11, and/or projects which are primarily civil and mechanical engineering structures or installations such as power stations, grain elevators and silos, oil refineries, petrochemical plants, wharves, jetties, piers, bridges, elevated pipelines, water storage towers and in steelworks on coke ovens, sinter plants, blast furnaces, B.O.S. steel making plants, lime kilns, ore bridges, pellet plants and tonnage oxygen plants.

4.28 Sheet metal worker - 1st class means a tradesman working to scaled prints or drawings or applying general trade experience or knowledge to the making of sheet metal products and/or the erection or installation thereof.

4.29 Sheet metal worker - 2nd class means an adult employee working at the bench in the making and/or repairing of sheet metal products not calling for the use of prints or drawings or measurements.

4.30 Structural steel tradesman means a tradesman engaged in assembling, plating, bolting, (temporary or otherwise), riveting by hand or machine, caulking, chipping, staying, reaming, drilling (other than on stationary machines) or such marking-off, welding or oxy-burning as is incidental to the foregoing, or who in the course of his/her work operates machines for punching and shearing, rolling, bending, angle or plate straightening, or hydraulic presses, or nipping and notching machines, in connection with the making and/or repair of tanks, water locks, towers (other than agricultural and pastoral types), wagons, tenders, trucks, rolling stock, bridges, girders, columns, principals (roofs or otherwise), trusses, structural iron and steel work, but not including parts of standardised frame buildings made in quantity.

4.31 Welder - special class means a tradesman using electric arc and/or oxy-acetylene equipment and who is required to, and is competent to, apply general trade experience in welding all the following classes of metals; mild steel, stainless steel, cast iron, aluminium, copper, brass, die-cast metal and magnesium.

4.32 Welder - 1st class means a tradesman using electric arc and/or oxy-acetylene blowpipe and/or coal gas cutting plant or flame hardening who is required to apply general trade experience as a welder or flame hardener respectively.

4.33 Welder - 2nd class means an adult employee using an electric arc or oxy-acetylene blowpipe who is not a welder 1st class.

5. COMMENCEMENT DATE AND PERIOD OF OPERATION

This award shall come into operation on and from the beginning of the first pay period to commence on or after 15 July 2002 and shall remain in force for a period of six months.

6. COVERAGE OF AWARD

6.1 This award shall apply in the States of New South Wales, Victoria, South Australia, Tasmania, Queensland and in the Australian Capital Territory.

6.2 Subject to the exceptions and exemptions specified in this award, this award shall apply to persons employed in the classifications specified in this award on on-site construction work (as defined) who are in the Metal and Engineering Construction Industry as defined in Appendix C subject to the exemptions and exceptions prescribed in 6.3.

6.3 This award shall not apply to:

6.3.1 work carried out within a permanently established place of employment such as a workshop, factory or warehouse where products are manufactured or services rendered; or

6.3.2 for Queensland only:

6.4 Nothing in this award shall operate so as to interfere with the continuation of the practice of regulating wages and conditions on major engineering projects by site agreements registered with either the Australian Industrial Relations Commission or an appropriate state tribunal. The reference to site agreements shall include consent state awards registered by an appropriate state tribunal

6.5 Nothing in this award shall be construed so as to disturb custom and practice and the status quo in the construction industry in relation to work allocation between employees and demarcation between organisations of employees engaged in the construction industry and any of the industries, callings or activities referred to elsewhere in this clause where construction work or work incidental thereto is undertaken. Nor will this award disturb the status quo of such work allocation or the demarking of such work between various organisations of employees, nor shall it affect the right of any person or persons to work in classifications under existing construction awards or agreements or awards or agreements made in lieu thereof.

6.6 Further, the definition of on-site construction work contained in 4.1 shall not, either expressly or impliedly, extend or enlarge or widen the application and incidence of this award and should any demarcation dispute arise as to work allocation and/or award coverage the question of that work which could be done under this award shall be decided by reference to appendix C - Incidence of award.

6.7 Electrical Trades - employers in the State of New South Wales as to the employment of persons in connection with wiring contracting and the installation of electric light and power plants are exempt from this award. This exemption shall not apply to employers who are manufacturers or vendors of plant or equipment who install or maintain the said plant and equipment in high and low tension power stations and/or sub-stations for the generation and/or transmission of electric power.

6.8 This subclause records that there is an understanding between the parties that in establishing this award to deal more specifically with provisions to apply to ``on-site construction work'' (as defined) it has been necessary to include award provisions which prior to the making of this award may have been spelt out in whole or in part in agreements applicable to various construction sites where this award applies.

6.9 On established construction sites where the award will apply, and the rates of pay and allowances already determined exceed the rates of pay and allowances prescribed in this award, the parties understand and agree that there will not be any justification for the rates of pay and allowances actually paid on such sites to be increased or decreased as a result of the introduction of this award. Further, it is understood that the composition of the rates of pay and allowances paid on such sites prior to the introduction of this award vary from site to site and it is recognised that each particular case will require discussions between the parties so that the terms of the new award can be implemented, and where necessary, amendments made to the structure of previous agreements which may have applied.

7. PARTIES BOUND

This award shall be binding upon:

7.1 The following organisations of employees and the members thereof respectively:

7.2 All employees, irrespective of whether or not they are members of any organisation of employees listed in 7.1, who are engaged in any of the occupations industries or callings specified in this award.

7.3 The following organisations of employers and the members thereof:

· The Australian Industry Group;

· Victorian Employers' Chamber of Commerce and Industry;

· Metal Industries Association Tasmania;

· Australian Federation of Construction Contractors;

· Confederation of A.C.T. Industry.

7.4 Provided that the Australian Federation of Construction Contractors and its members are not bound by this award in respect of matters which arise under this award and Appendix A - Lift industry in the States of New South Wales, Victoria, South Australia, Tasmania and in the Australian Capital Territory, and only in so far as the following organisations of employees and the members thereof are concerned:

· Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;

· The Australian Workers' Union.

8. RELATIONSHIP WITH OTHER AWARDS

8.1 This award supersedes the National Metal and Engineering On-site Construction Industry Award 1989 [Print H8482 [N0100]] as to work covered by this award, and all variations thereto, but no right, obligation or liability accrued or incurred under such awards or variations shall be affected by such supersession.

8.2 No employee shall be reduced in status or position nor have his/her rate of remuneration reduced or any of his/her conditions of employment adversely affected merely as a consequence of the making of this award with respect to allowable award matters.

PART 2 - AWARD FLEXIBILITY

9. ENTERPRISE FLEXIBILITY PROVISIONS

(See ss.113A and 113B of the Act)

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

9.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

9.2 For the purpose of the consultative process the employees may nominate the Union or another to represent them. Where it is known that a union party to the award holds membership in an enterprise or workplace, the employer will have the responsibility of notifying the union prior to commencing negotiations for an agreement.

9.3 Where agreement is reached an application shall be made to the Commission.

PART 3 - CONSULTATION AND DISPUTE RESOLUTION

10. SETTLEMENT OF DISPUTES

10.1 Settlement of disputes

10.1.1 In the event of any dispute or claim arising between an employer and an employee such dispute or matter shall be dealt with in the following manner:

10.1.2 Where the above procedures are being followed, work shall continue normally. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause. This subclause shall not apply to any dispute involving a bona fide safety issue.

10.1.3 If the dispute is not finalised within seven days of notification the parties shall be free to exercise their rights.

10.1.4 Provided however, that where a separate disputes settlement procedure has been agreed between the parties as part of an on-site agreement, and this has been endorsed by the Commission, that procedure shall prevail over the above.

10.1.5 Each duly appointed union representative shall be granted up to five days paid leave per year to undertake training that will assist them in their settlement of disputes role. The time of taking such leave shall be agreed with the relevant union so as to minimise any adverse affect on the employers operations.

10.2 Board of Reference.

10.2.1 it shall convene a meeting to consider any matter referred to it at the earliest possible date;

10.2.2 decisions of a Board of Reference shall be by majority, but where the employer and employee representatives are divided, the chairperson shall have the power to determine the matter;

10.2.3 a Board of Reference shall not have the power to hear disputes concerning an extension or variation of the provisions of an award, site or other agreement involving wages and conditions of work.

10.3 Posting of award

10.4 Posting of notices

PART 4 - EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED MATTERS

11. EMPLOYER AND EMPLOYEE DUTIES

11.1 An employee shall perform such work as may be reasonably required by the employer from time to time during both ordinary hours and overtime, provided that such work is consistent with the classification in which he/she is usually employed.

11.2 An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

11.3 Any direction issued by an employer shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

12. EMPLOYMENT CATEGORIES

12.1 Weekly employment

12.2 Casual employment

12.2.1 A casual employee is one engaged and paid as such. A casual employee for working ordinary time shall be paid per hour 1/38th of the weekly award wage prescribed herein for the work which he or she performs, plus 20%.

12.2.2 Casual employees shall be engaged for a minimum period of one day and engagement as a casual will not continue for a continuous period beyond four weeks from the date of engagement.

12.2.3 Provided that by agreement the period may be extended for a further continuous period of up to two weeks to meet unforeseen job requirements.

12.3 Part-time employment

12.3.1 This clause shall only apply to employees who are employed on a part time basis.

12.3.2 Subject to the provisions of clauses 24 _ Hours of work, clause 30 _ Annual leave, clause 34 _ Public holidays and holiday work and clause 31 _ Personal leave, the following shall apply to all classifications contained in this award:

12.4 Apprenticeship

12.4.1 An employer shall not employ minors in the following trades or occupations otherwise than under a contract of apprenticeship as hereinafter provided:

12.4.2 Contract of apprenticeship

12.4.3 Apprenticeship authority - definition

12.4.4 Cancellation or suspension of indenture

12.4.5 The provisions of clauses 14 - Termination of employment, and 15 - Redundancy, of this award shall not apply to apprentices.

12.4.6 Instruction in welding

12.4.7 Period of apprenticeship

12.4.8 Probationary period

12.4.9 Wages

12.4.10 Fares and travelling allowance

12.4.11 Overtime and shift work

12.4.12 Payment by results

12.4.13 Lost time

12.4.14 Prohibition of premiums

12.4.15 Attendance at technical schools

12.4.16 Operation of state laws

12.5 Adult apprenticeship

12.5.1 Definition

12.5.2 Application of general conditions of apprenticeship

12.5.3 Contract of indenture

12.5.4 Wage rate

13. STAND DOWN PROVISIONS

The employer may deduct payment for any day upon which an employee cannot be usefully employed because of any strike by or participating in any strike by members of the union; or because of any strike by any members of the union employed by the employer; or because of any strike by or participation in any strike by any other union, organisation or association or by any branch thereof or by any members thereof who are employed by the employer; or because of any stoppage or work for any cause, including breakdown of machinery or failure or lack of power, for which cause the employer is not responsible.

14. TERMINATION OF EMPLOYMENT

14.1 Notice of termination by employer

14.1.1 In order to terminate the employment of a full-time or regular part-time employee the employer shall give to the employee the period of notice specified in the table below:

14.1.2 In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.

14.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

14.1.4 In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.

14.1.5 The period of notice in this clause, shall not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first fourteen days, neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.

14.1.6 Continuous service is defined in 30.4.

14.2 Notice of termination by an employee

14.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

14.2.2 If an employee fails to give notice the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

14.3 Time off during notice period

15. REDUNDANCY

15.1 Definition

15.2 Severance pay

15.2.2 Week's pay means the ordinary time rate of pay for the employees concerned.

15.2.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

15.3 Employee leaving during notice period

15.4 Transmission of business

15.4.1 Where a business is before or after the date of this award, transmitted from an employer (in this clause called the transmittor) to another employer (in this clause called the transmittee) and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

15.4.2 In this clause business includes trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

15.5 If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay, such redundancy pay entitlement shall be paid to the estate of the employee.

15.6 Any period of service as a casual shall not entitle an employee to accrue service in accordance with this clause for that period.

15.7 Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the employee completes an apprenticeship and remains in employment with that employer for a further twelve months.

15.8 Service as an employee for the Crown in the Right of the State of New South Wales, for Victorian Statutory Authorities, or the Crown in the Right of the State of Victoria shall not be counted as service for the purpose of this clause.

15.9 An employer bound by this award may utilise a fund to meet all or some of the liabilities created by this clause. Where an employer utilises such a fund:

15.9.1 payments made by a fund designed to meet an employer's liabilities under this clause, to employees eligible for redundancy/severance pay shall be set off against the liability of the employer under this clause, and the employee shall receive the fund payment or the award benefit whichever is the greater but not both; or

15.9.2 where a fund, which has been established pursuant to an agreement between unions and employers, does not make payments in accordance with this clause, contributions made by an employer on behalf of an employee to the fund shall, to the extent of those contributions, be set off against the liability of the employer under this clause, and the payments to the employee shall be made in accordance with the rules of the fund or any agreement relating thereto and the employee shall be entitled to the fund benefit or the award benefit whichever is the greater but not both.

PART 5 - WAGES AND RELATED MATTERS

16. WEEKLY WAGE RATES

16.1 All states and ACT

    Classifications

    Base rate

    Supplementary payment

    Safety net adjustment

    Award rate

 

    $

    $

    $

    $

         

    Electronic tradesman

    $428.60

    $52.10

    $106.00

    $586.70

    Instrumentation and controls tradesman

    $428.60

    $52.10

    $106.00

    $586.70

    Mechanical special class tradesperson

    $389.80

    $52.10

    $108.00

    $549.90

    Electrician special class

    $389.90

    $52.10

    $108.00

    $549.90

    Instrument tradesman complex systems

    $389.90

    $52.10

    $108.00

    $549.90

    Inspector

    $382.50

    $52.10

    $108.00

    $542.60

    Instrument tradesman

    $379.80

    $52.10

    $108.00

    $539.90

    Welder special class

    $370.40

    $52.10

    $108.00

    $530.50

    Marker off

    $370.40

    $52.10

    $108.00

    $530.50

    Fitter

    $364.80

    $52.10

    $108.00

    $524.90

    Boilermaker and/or structural steel tradesman

    $364 80

    $52.10

    $108.00

    $524.90

    Electrical fitter

    $364.80

    $52.10

    $108.00

    $524.90

    Electrical mechanic

    $364.80

    $52.10

    $108.00

    $524.90

    Motor mechanic

    $364.80

    $52.10

    $108.00

    $524.90

    Sheetmetal worker1st clas

    $364.80

    $52.10

    $108.00

    $524.90

    Welder 1st class

    $364.80

    $52.10

    $108.00

    $524.90

    Battery fitter

    $364.80

    $52.10

    $108.00

    $524.90

    Plant mechanic

    $364.80

    $52.10

    $108.00

    $524.90

    Locksmith

    $364.80

    $52.10

    $108.00

    $524.90

    Tradesman (radio)

    $364.80

    $52.10

    $108.00

    $524.90

    Refrigeration mechanic

    $364.80

    $52.10

    $108.00

    $524.90

    Airconditioning tradesman*

    $364.80

    $52.10

    $108.00

    $524.90

    Classifications

    Base rate

    Supplementary payment

    Safety net adjustment

    Award rate

 

    $

    $

    $

    $

         

    Rigger/splicer

    $349.20

    $52.10

    $106.00

    $507.30

    Dogman/crane chaser - mobile equipment

    $342.40

    $52.10

    $106.00

    $500.50

    Cable jointer

    $339.10

    $52.10

    $106.00

    $497.20

    Forklift driver:

        

    (a) lifting capacity up to 4500kg

    $335.70

    $52.10

    $106.00

    $493.80

    (b) lifting capacity over 4500kg

    $341.10

    $52.10

    $106.00

    $499.20

    Ironworker assisting metal tradesman

    $334.20

    $52.10

    $106.00

    $492.30

    Mobile crane driver

    $333.70

    $52.10

    $106.00

    $491.80

    Linesman

    $329.90

    $52.10

    $106.00

    $488.00

    Insulator:

        

    1st six months of experience

    $315.80

    $52.10

    $106.00

    $473.50

    2nd six months of experience

    $321.40

    $52.10

    $106.00

    $479.50

    thereafter

    $328.50

    $52.10

    $106.00

    $486.60

    Sheetmetal worker 2nd class

    $328.50

    $52.10

    $106.00

    $486.60

    Tool and/or Material storeman

    $323.30

    $52.10

    $106.00

    $481.40

    Spraypainter (iron work and/or brush hand)

    $321.40

    $52.10

    $106.00

    $479.50

    Erector (wire mesh)

    $320.10

    $52.10

    $106.00

    $478.20

    Employee directly assisting a tradesman

    $310.90

    $52.10

    $106.00

    $469.00

    Lagger

        

    1st six months of experience

    $310.30

    $52.10

    $106.00

    $468.40

    2nd six months of experience

    $312.20

    $52.10

    $106.00

    $470.30

    thereafter

    $315.80

    $52.10

    $106.00

    $473.90

    Dresser and Grinder - portable machine

    $315.80

    $52.10

    $106.00

    $473.90

    Welder 2nd class

    $315.80

    $52.10

    $106.00

    $473.90

    Dogman crane chaser

    $315.80

    $52.10

    $106.00

    $473.90

    Painter brush hand

    $314.70

    $52.10

    $88.00

    $472.80

    Employees not elsewhere classified

    $292.60

    $52.10

    $88.00

    $450.70

16.1.1 The rates of pay in this award include the arbitrated safety net adjustment payable under Safety Net Review - Wages May 2002 decision [Print PR002002]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

16.1.2 Increases made under previous National Wage Case principles or under the current Statement of principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

16.2 Mixed functions

16.3 Time keeping - latecomers

16.4 Absence from duty

17. PAYMENT OF WAGES

17.1 Wages to be paid during working hours

17.2 Day off coinciding with pay day

17.3 Payment by cheque or electronic funds transfer

17.3.1 Where an employer and employee agree, the employee may be paid his/her wages by cheque or direct transfer into the employee's bank (or other recognised financial institution) account. Notwithstanding this provision, if the employer and the majority of employees agree, all employees may be paid their wages by cheque or direct transfer into an employee's bank (or other recognised financial institution) account, provided that in the case of employees paid by cheque, the employer shall, on pay day, if it is required by the employee, have a facility available during ordinary hours for the ``encashment'' of the cheque.

17.3.2 The parties agree that once an employer has established payment of wages in accordance with this clause it would be appropriate for such practice to have universal application.

17.4 Waiting time penalties

17.5 Payment on termination

17.5.1 When notice is given of termination, all moneys due to the employee shall be paid at the time of termination.

17.5.2 Where this is not practicable the employer shall have two working days to send moneys due by registered post.

17.6 Part-time employees

17.7 Particulars of details of payment to each employee shall be included on the envelope including the payment, or in a statement handed to the employee at the time payment is made, and shall contain the following information:

·_ the number of hours employed in the period at the ordinary rate;

18. ALLOWANCES - ALL STATES AND ACT

All purpose payments

18.1 The amounts prescribed in this clause, with the expection of clause 18.11 and 18.12, shall be paid for all purposes of this award.

18.2 Tool allowance

18.2.1 A tradesman shall be paid an allowance of $11.30 per week for supplying and maintaining tools ordinarily required in the performance of his/her work as a tradesman;

18.2.2 Notwithstanding 18.2.1, an employer shall provide for the use of tradesmen all necessary power tools, special purpose tools, precision measuring instruments and for sheetmetal workers, snips used in the cutting of stainless steel, monel metal and similar hard metals;

18.2.3 A tradesman shall replace or pay for any tools supplied by his/her employer if lost through negligence.

18.3 Industry allowance

18.3.1 climatic conditions when working in the open on all types of work;

18.3.2 the physical disadvantage of having to climb stairs or ladders;

18.3.3 the disability of dust and fumes blowing in the wind, dust and drippings from newly poured concrete;

18.3.4 sloppy and muddy conditions associated with the initial stages of on-site construction work;

18.3.5 the disability of working on all types of scaffolding; and

18.3.6 the lack of usual permanent amenities associated with factory work.

18.4 Leading hands allowance

18.5 Underground allowance

18.5.1 An employee required to work underground shall be paid an allowance of $9.70 per week for all purposes of the award in addition to the allowance prescribed in 18.3.

18.5.2 Provided that an employee required to work underground for no more than four days or shifts in any ordinary week shall be paid an amount of $1.85 per day or shift in lieu of the underground allowance prescribed elsewhere in this clause, and in addition to the allowance prescribed in 18.3.

18.5.3 Where a shaft is to be sunk to a depth greater than six metres, the payment of the underground allowance shall commence from the surface.

18.5.4 These allowances shall not be payable to employees engaged upon ``pot and drive'' work at a depth of 3.5 metres or less.

18.6 Air conditioning industry and refrigeration industry allowances

18.6.1 In addition to the award wage prescribed in 16.1, an air-conditioning tradesman (as defined) and a refrigeration mechanic (as defined) shall be paid an allowance at the rate of $41.40 per week as compensation for the various disabilities and peculiarities associated with on-site air-conditioning work (as defined) or on-site refrigeration work (as defined).

18.6.2 An employee in receipt of this allowance shall not be entitled to the provisions of 22.1, 22.3, 22.4, 22.5, 22.6, 22.7, 22.8, 22.9 and 22.13.

18.7 Special allowance

18.8 Electrician's licence allowance

18.8.1 An employee engaged and working as an electrical tradesman and who holds an appropriate electrician's licence shall be paid an additional $27.50 per week for all purposes of this award.

18.8.2 An appropriate electrician's licence for the purpose of this subclause shall be:

18.8.3 The above allowance shall not apply to employees employed in the State of Queensland.

18.9 Disability allowance - Australian Iron and Steel Proprietary Limited, Port Kembla

18.9.1 Employees of contractors who are members of the Australian Industry Group engaged on work covered by this award at the sites of Australian Iron and Steel Proprietary Limited at Port Kembla and Commonwealth Steel Company Limited at Unanderra shall be paid an allowance of $31.40 per week. This payment shall be made in compensation for the particular disabilities experienced on these sites.

18.9.2 An employee in receipt of the disability allowance prescribed in 18.9.1 shall not be entitled to any of the other special rates prescribed by clause 22 of this award.

18.9.3 The disability allowance prescribed by 18.9.1 shall be paid for all purposes of the award.

18.10 Disability allowance - BHP Company Limited Newcastle

18.10.1 Employees of contractors who are members of the Australian Industry Group engaged on work covered by this award at the site of the Broken Hill Proprietary Company Limited at Newcastle shall be paid an allowance of $31.40 per week. This payment shall be made in compensation for the particular disabilities experienced on this site.

18.10.2 An employee in receipt of the disability allowance prescribed in 18.10.1 shall not be entitled to any of the other special rates prescribed in clause 22 _ Special rates of this award.

18.10.3 The disability allowances prescribed by 18.10.1 shall be paid for all purposes of the award.

18.11 Compensation for clothes and tools

18.11.1 An employee whose clothes, spectacles, hearing aids or tools have been accidentally spoilt by acid, sulphur or other deleterious substances, shall be paid such amount to cover the loss thereby suffered by him/her as may be agreed upon between him/her and his/her employer.

18.11.2 An employee shall be reimbursed by his/her employer to a maximum of $1146.00, 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 in a lock-up as provided or if the tools are lost or stolen whilst 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.

18.11.3 Provided that an employee transporting his/her own tools shall take all reasonable care to protect those tools and prevent theft or loss.

18.11.4 Where an employee is absent from work because of illness or accident and has advised the employer in accordance with clause 31 - Personal leave, the employer shall ensure that the employee's tools are securely stored during his/her absence.

18.11.5 Where an employer requires an employee to wear spectacles with toughened glass lenses the employer will reimburse the cost of the toughening process.

18.11.6 Provided that for the purposes of this clause:

18.12 First Aid allowance

19. ALLOWANCES - ACT

19.1 Parity allowance

19.2 Canberra on-site allowance

19.3 Electrician's licence allowance

19.4 All purpose payments

19.5 Disputes as to rates of pay

19.6 Absorption of interstate differentials and broadbanding adjustment

20. FARES AND TRAVELLING ALLOWANCES

20.1 The following fares and travelling time allowance shall be paid to an employee working within the prescribed radii of the GPO in each capital city or where appropriate the Central Post Office of the nearest regional/provincial centre or other than provided in 20.3.3, from accommodation arranged by the employer.

 

    Per day

 

    $

   

    New South Wales, Victoria, Queensland and ACT - within a 50 kilometre radius

    13.30

    South Australia and Tasmania - (other than provided for below) within a 30 kilometre radius

    12.40

    Air-conditioning industry - South Australia - within a 50 kilometre radius

    13.30

    Lift industry - within a 50 kilometre radius

    13.30

20.2 Payment of the allowance prescribed in 20.1 shall be subject to the employee starting and finishing work on the construction site at the usual starting and finishing times.

20.3 Provided that payment shall not be made:

20.3.1 for any day on which the employee is absent from work for any reason;

20.3.2 for any day the employer provides or offers to provide transport from where the employee is living to the construction site and return (including transport from accommodation provided by an employer in accordance with clause 21 _ Living award from home _ distant construction sites, when such accommodation is not situated at the job site);

20.3.3 where an employer provides or offers to provide accommodation which is located at the construction site;

20.3.4 for any day employees are required to commence or cease work at the employer's workshop, yard or depot other than on a construction site.

20.4 Where an employee travels each day to a construction site located outside the prescribed radial areas referred to in 20.1, he/she shall be paid at the ordinary ``on site'' rate calculated to the next quarter of an hour, with a minimum payment as for one half-hour for each return journey for any time outside ordinary working hours reasonably spent in travelling each day from the designated kilometre radius in addition to the allowance prescribed in 20.1 plus any expenses necessarily and reasonable incurred in so travelling outside such radius. Provided that where the employee uses his/her own vehicle such expenses shall be reimbursed at the rate of 37 cents per kilometre travelled outside such radius (except in the circumstances provided for in 20.5).

20.5 Employees transferred from one job site to another during ordinary working hours shall be paid for the time occupied in travelling, and unless transported by the employer, shall be reimbursed the reasonable cost of fares by the most convenient public transport between such job sites. Provided that where the employer requests an employee to use his/her own vehicle to effect such a transfer, and the employee agrees to do so the employee shall be paid an allowance at the rate of 69 cents per kilometre.

20.6 An employee who by agreement with his/her employer uses his/her own motor vehicle on the employer's business shall be paid an allowance of 69 cents per kilometre travelled.

20.7 The travelling allowances prescribed in this clause shall not be taken into account in calculating overtime, penalty rates, annual or sick leave but shall be payable for any day upon which the employee in accordance with the employer's requirements works or reports for work or allocation of work and for the rostered day off as prescribed in clauses 24 - Hours of work or 29 - Shift work of this award.

21. LIVING AWAY FROM HOME - DISTANT CONSTRUCTION SITES

21.1 For the purposes of this clause a distant construction site is one where the location of the on-site construction work (as defined) is such that because of its distance or because of the travelling facilities available to and from the location it is reasonably necessary for an employee to live and sleep at some place other than his/her usual place of residence.

21.2 When an employee is sent other than at his/her own request to work at a distant construction site as defined in 21.1 the employer shall:

21.3 Payment for travelling

21.3.1 Where an employee is sent from his/her usual locality to another in accordance with 21.2 he/she shall whilst necessarily travelling be paid travelling time and expenses as follows:

21.3.2 Definition of expenses

21.3.3 Engagement of labour

21.3.4 Weekend return home and rest and recreation

21.4 Alternate paid day off procedure

21.5 Termination

22. SPECIAL RATES

Subject to 22.1 and 22.2, in addition to the wages prescribed in clause 16 _ Weekly wage rates, the following special rates and allowances shall be paid to employees including apprentices.

22.1 Special rates not cumulative

22.2 Rates not subject to penalty additions

22.3 Cold work

22.3.1 An employee who works in a place where the temperature is lowered by artificial means to less than 0o Celsius shall be paid 45 cents per hour.

22.3.2 Where such work continues for more than two hours, the employee shall be entitled to twenty minutes rest after every two hours work without loss of pay, not including the special rate provided by this 22.3.1.

22.4 Confined space

22.4.1 Confined space means a place the dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation.

22.4.2 An employee required to work in a confined space shall be paid 55 cents per hour or part thereof.

22.5 Dirty work

22.6 Hot work

22.6.1 An employee who works in a place where the temperature has been raised by artificial means to between 46o and 54o Celsius 45 cents per hour or part thereof, exceeding 54o Celsius - 55 cents per hour or part thereof.

22.6.2 Where such work continues for more than two hours, the employee shall be entitled to twenty minutes rest after every two hours work without loss of pay, not including the special rate provided by this subclause.

22.7 Height money

22.8 Insulation

22.8.1 An employee handling charcoal, pumice, cork, silicate of cotton, insulwool, slag wool, limpet fibre, vermiculite, in loose or granulated form, shall be paid 55 cents per hour.

22.8.2 This allowance shall also apply to other employees working in the immediate vicinity and who are affected by dust or residues of these materials.

22.9 Wet places

22.10 Explosive powered tools

22.11 Multi-storey buildings

22.11.1 An employee, other than an apprentice engaged on new construction work on a multi-storey building (as defined herein) shall be paid $18.20 per week extra. Where such work is performed for part of a day or shift the provisions of 16.3, shall apply.

22.11.2 The provisions of 22.7 and 22.9, shall not apply to employees paid in accordance with the provisions of this subclause.

22.11.3 The extra amounts applicable to apprentices when engaged on new construction work on a multi-storey building are set out in 12.4.10(c).

22.11.4 New construction work on a multi-storey building means work performed under this award on a building construction site in connection with the construction of a multi-storey building in the course of erection but shall not include work associated with the installation of internal blinds, curtains, moveable furniture and the like. For the purposes of this definition a ``multi-storey building'' means:

22.12 Swing scaffold

22.12.1 An employee required to work from any type of swing scaffold or any scaffold suspended by rope or cable, bosuns chair, or a suspended scaffold requiring the use of steel or iron hooks or angle irons shall be paid the appropriate allowance set out below corresponding to the storey level at which the anchors or bracing, from which the stage is suspended, has been erected. Such allowance shall be paid for a minimum of four hours work or part thereof until construction work (as defined) has been completed.

22.12.2 Provided that an apprentice with less than two years experience shall not use a swing scaffold or bosun's chair.

22.12.3 Payments contained in this subclause are in recognition of the disabilities associated with the use of swing scaffolds.

22.12.4 For the purposes of this clause completed means the building is fully functional and all work which was part of the principal contract is complete.

22.13 Asbestos eradication

22.13.1 Definition

22.13.2 Rate of pay

22.13.3 Suspended perimeter work platform

22.13.4 The allowance payable shall be 55 cents per hour and shall be paid in lieu of swinging stage and multi-storey allowance for all employees working on suspended perimeter work platform systems.

23. SUPERANNUATION

23.1 Definitions

23.1.1 Superannuation legislation

23.1.2 "Fund" means a complying superannuation fund as that term is used in the superannuation legislation.

23.1.3 "Ordinary time earnings" (which for the purposes of the Superannuation Guarantee (Administration) Act 1992 will operate to provide a notional earnings base) shall mean the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowance, industry allowance, trade allowance, electrician's licence allowance, lift industry allowance, shift loading, special rates, qualification allowances (e.g. first aid, laser safety officer), multi-storey allowance, district/location allowance, piecework rates, underground allowance, award site allowances, asbestos eradication allowance, leading hand allowances, in charge of plant allowance and supervisory allowances where applicable. The term includes any regular over-award pay as well as casual rates received for ordinary hours of work. All other allowances and payments are excluded.

23.1.4 "Eligible employee" shall mean an employee who is entitled to receive employer superannuation contributions in accordance with the Superannuation legislation.

23.2 Contributions

23.2.1 Employer contributions

23.2.2 Voluntary employee contributions

23.2.3 Employee contributions to the Fund deducted by the employer at an employee's request shall be held on the employee's behalf and subject to individual agreement shall meet the following conditions:

23.2.4 The amount of contributions shall be expressed in whole dollars.

23.2.5 An employee shall have the right to adjust the level of contribution made on his or her own behalf from the first of the month following the giving of three months' written notice to the employer.

23.2.6 Contributions deducted under this clause shall be forwarded to the Fund at the same time as contributions under clause 8.

23.3 Superannuation Fund

23.3.1 An employer must, in accordance with the governing rules of the relevant Fund, make superannuation contributions to any of the following Funds:

23.3.2 Any Fund agreed between an employer and an employee. If the employee is a member of a union bound by this award, the employee may be represented by that union in meeting and conferring with the employer about the matter and the employer must give the union a reasonable opportunity to meet and confer about the matter. (Note: the consent of the union is not required to any agreement between the employer and the employee). The agreement must be recorded in the time and wages records kept by the employer in accordance with Division 1 of Part 9A of the Workplace Relations Regulations. If a dispute or difficulty arises over the implementation or continued operation of this provision, it must be handled in accordance with dispute resolution procedure in Clause 10.1 _ Settlement of Disputes, of this Award; or

23.3.3 Any Fund which has application to employees in the principal business of an employer, where employees covered by this award are a minority of award-covered employees.

23.3.4 Any other approved occupational superannuation fund to which an employer or eligible employee who is a member of the religious fellowship known as The Exclusive Brethren elects to contribute.

23.3.5 An employer is not required to contribute to more than one fund in respect of employees employed under this award.

23.3.6 Subject to the terms of this clause, where there is a dispute over the choice of fund in respect of one or more employees, the matter shall be referred to the Australian Industrial Relations Commission for determination.

23.4 Fund Membership

23.5 Exemption

23.6 Absence from work

23.6.1 Paid leave

23.6.2 Unpaid Leave

23.6.3 Work related injury or illness

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

24. HOURS OF WORK

24.1 Day workers

24.1.1 Subject to clause 25 - Implementation of 38 hour week and subject to the exceptions hereinafter provided, the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:

24.1.2 The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week, Monday to Friday.

24.1.3 The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks, at the discretion of the employer between 6.30 a.m. and 6.00 p.m. Provided that the spread of hours may be altered by mutual agreement between an employer and the majority of employees on the site or section or sections concerned.

24.1.4 The ordinary hours of work prescribed herein shall not exceed ten hours on any day. Provided that in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees on the site or section or sections concerned.

24.2 Hours of work - part-time employees

This clause shall only apply to employees who are employed on a part-time basis.

24.2.1 Notwithstanding the provisions of this clause and clause 25 _ Implementation of 38 hour week, an employee working on a part-time basis may be paid for actual hours worked and in such instances the employee shall not be entitled to accrue time towards a rostered day off, and further provided that such employee shall not work on the nominated industry rostered day off.

24.2.2 Provided further, an employer and employee may agree that the part-time employee accrues time towards a rostered day off as provided by this clause and clause 25. In such instances the part-time employee shall accrue pro rata entitlements to rostered days off in accordance with this clause and clause 25.

24.2.3 The actual ordinary hours of part-time work shall be arranged or varied as applicable by mutual agreement between the employer and the employee from time to time.

25. IMPLEMENTATION OF 38 HOUR WEEK

25.1 Ordinary hours of work shall be an average of 38 per week as provided in clause 24 - Hours of work, and clause 29 - Shift work.

25.2 Except as provided in 25.5 and 25.6, the method of implementation of the 38 hour week may be any one of the following:

25.2.1 by employees working less than eight ordinary hours each day; or

25.2.2 by employees working less than eight ordinary hours on one or more days each week; or

25.2.3 by fixing one weekday on which all employees will be off during a particular work cycle; or

25.2.4 by rostering employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle.

25.3 At each site, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned, the objective being to reach agreement on the method of implementation.

25.4 In the absence of agreement at site level in respect to the implementation of 38 hour week, the matter shall be settled in accordance with clause 10 - Settlement of disputes.

25.5 Subject to the provisions of clause 24 - Hours of work, the employer and the majority of employees at the site or section or sections concerned may agree that the ordinary working hours are to exceed eight on any day, thus enabling a weekday off to be taken more frequently than would otherwise apply.

25.6 Circumstances may arise where different methods of implementation of a 38 hour week apply to various groups or sections of employees on the site or establishment concerned.

25.7 Notice of days off

25.8 Substitute days

25.8.1 An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with 25.2.3 and 25.2.4, for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

25.8.2 An individual employee, with the agreement of his/her employer, may substitute the day he/she is to take off for another day.

25.9 Flexibility in relation to rostered days off

25.9.1 Notwithstanding any other provision in this clause, where the hours of work of a site are organised in accordance with 25.2.3 and 25.2.4 an employer, the majority of his/her employees at the site concerned may agree to accrue up to a maximum of five rostered days off in special circumstances such as where there are regular and substantial fluctuations in work requirements in any year.

25.9.2 Where such agreement has been reached the accrued rostered days off must be taken within twelve months.

25.9.3 Where a project is estimated to be of less than five months duration or in the case of estimated last five months of a project this may by agreement of the parties be deemed to be special circumstances for the purpose of accrual of up to five rostered days off.

25.9.4 Where there are union members employed at the enterprise, and the majority of the members request the union to be consulted, that consultation will take place at least five days prior to its introduction''

25.10 Rostered day off falling on a public holiday

26. OVERTIME

26.1 Payment for working overtime (other than shift work)

26.1.1 For all work done outside ordinary hours the rates of pay shall be time and a half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work.

26.1.2 Except as provided in this clause or 26.3 in computing overtime each day's work shall stand alone.

26.1.3 For the purposes of this clause ordinary hours shall mean the hours worked fixed in accordance with clause 24 _ Hours of work.

26.1.4 The hourly rate, when computing overtime, shall be determined by dividing the appropriate weekly rate by 38, even in cases when an employee worked more than 38 ordinary hours in a week.

26.2 Requirement to work reasonable overtime

26.2.1 An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.

26.2.2 The assignment of overtime by an employer to an employee shall be based on specific work requirements and the practice of ``one in, all in'' overtime shall not apply.

26.3 Rest Period after overtime

26.3.1 When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

26.3.2 An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working occurring during such absence.

26.3.3 If on the instructions of his/her employer such an employee resumes or continues work without having had such ten consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absence until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

26.4 Call back

26.4.1 An employee recalled to work overtime after leaving the site (whether notified before or after leaving the site) shall be paid for a minimum of four hours work or where the employee has been paid for standing by in accordance with 26.7, shall be paid for a minimum of three hours work at the appropriate rate for each time he/she is so recalled; provided that, except in the case of unforseen circumstances arising the employee shall not be required to work the full three or four hours as the case may be if the job he/she was recalled to perform is completed within a shorter period. This subclause shall not apply in cases where it is customary for an employee to return to his/her employer's site to perform a specific job outside his/her ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

26.4.2 Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of 26.3 when the actual time worked is less than three hours on such recall or on each of such recalls.

26.5 Crib time

26.6 Meal allowance

26.6.1 An employee required to work overtime for at least one and a half hours after working ordinary hours shall be paid by the employer an amount of $8.30 to meet the cost of a meal.

26.6.2 An employee shall be entitled to be paid $8.30 for each meal after the completion of each four hours from the commencement of overtime.

26.6.3 Provided that this clause shall not apply to an employee who is provided with reasonable board and lodging or who is receiving a distant job allowance in lieu thereof as provided for in clause 21 _ Living away from home _ distant construction sites, and is provided with a suitable meal.

26.7 Standing by

26.8 Transport of employees

27. WEEKEND WORK

27.1 Overtime work on Saturday shall be paid for at the rate of time and a half for the first two hours and double time thereafter, provided that all overtime worked after midday on Saturday shall be paid for at the rate of double time.

27.2 All time worked on Sundays shall be paid for at the rate of double time.

27.3 An employee required to work overtime on a Saturday or to work on a Sunday shall be afforded at least three hours work on a Saturday or four hours work on a Sunday or shall be paid for three hours on a Saturday or four hours on a Sunday at the appropriate rate.

27.4 An employee working overtime on Saturday, or working on a Sunday, shall be allowed, without deduction of pay, a rest period of ten minutes between 9.00 a.m. and 11.00 a.m.

27.5 An employee working overtime on a Saturday, or working on a Sunday, shall be allowed a paid crib time of twenty minutes after four hours work, to be paid for at the ordinary rate of pay but this provision shall not prevent any arrangements being made for the taking of a 30 minute meal period, the time in addition to the paid twenty minutes being without pay.

27.6 In the event of an employee being required to work in excess of a further four hours, he/she shall be allowed to take a paid crib time of 30 minutes which shall be paid at the ordinary rate of pay.

28. MEAL BREAK AND REST PERIOD

28.1 An employee shall not be required to work for more than five hours without a break for a meal. Provided that in cases where facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours an employee shall not be required to work for more than six hours without a meal break.

28.2 An employee who is directed to work through his/her normal meal break shall be paid time and a half rates for all work done during the meal time and thereafter until a meal break is allowed.

28.3 Notwithstanding the provisions of 28.2, and subject to the provisions of 28.1, an employee employed as a regular maintenance man shall work during meal breaks at the ordinary rates herein prescribed whenever instructed to do so for the purpose of making good of plant breakdowns or upon routine maintenance of plant which can only be done while such plant is idle.

28.4 There shall be allowed without deduction of pay a rest period of ten minutes during the ordinary hours of each day or shift.

29. SHIFT WORK

29.1 Definitions

29.1.1 Where it is necessary that work is performed in shifts other than in accordance with the spread of hours specified in clause 24 - Hours of work, the following conditions shall apply for the purposes of this clause:

29.2 Hours

29.2.1 Subject to clause 25 - Implementation of 38 hour week, the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:

29.2.2 The ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than five hours without a break for a meal. Except at regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.

29.2.3 Provided that the ordinary hours of work prescribed herein shall not exceed ten hours on any day. Provided further that in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned.

29.3 Rosters

29.3.1 Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

29.3.2 An employee shall be given at least 48 hours notice of the requirements to work on shift.

29.4 Variation by agreement

29.4.1 Subject to 29.2, the method of working shifts may in any case be varied by agreement between the employer and the majority of employees concerned.

29.4.2 The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the majority of employees concerned to suit the circumstances of the site or in the absence of agreement by seven days notice of alteration given by the employer to the employees.

29.5 Shift allowances

29.5.1 Other than work on a Saturday, Sunday or holiday, the rate of pay for afternoon or night shift shall be time and a half and the rate for early morning and early afternoon shift shall be time and a quarter, provided that the employee is employed continuously for five shifts Monday to Friday in any week. The observance of a holiday in any week shall not be regarded as a break in continuity for the purpose of this subclause.

29.5.2 Notwithstanding the foregoing provisions employees of contractors and subcontractors on civil engineering undertakings shall work shift work in accordance with the provisions of the following awards as varied where they apply:

29.5.3 An employee who is employed for less than five consecutive shifts Monday to Friday shall be paid for each day he/she works on any of the shifts referred to in 29.1 at the rate of time and a half for the first two hours and double time thereafter provided that when a job finishes after proceeding on shift work for more than one week, or the employee terminates his/her services during the week, he/she shall be paid at the rate specified in 29.5.1, for the time actually worked.

29.6 Overtime

29.6.1 Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award on Monday to Friday shall be paid at the rate of double time except in each case when the time is worked:

29.6.2 Provided that when not less than 7 hours 36 minutes notice has been given to the employer by a relief man that he/she will be absent from work and the employee whom he/she should relieve is not relieved and is required to continue to work on his/her rostered day off the unrelieved employee shall be paid double time.

29.7 Weekends and holidays

29.7.1 Shift workers for all time worked on a weekend or holiday shall be paid at the rates prescribed by clauses 27 - Weekend work, or 34 _ Public holidays and holiday work of this award. Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as time worked on such Sunday or holiday.

29.7.2 Where shifts fall partly on a holiday, that shift, the major portion of which falls on a holiday shall be regarded as the holiday shift. Provided that an ordinary night shift commencing before and extending beyond midnight Friday shall be regarded as a Friday shift.

29.8 Daylight saving

29.8.1 Notwithstanding anything contained elsewhere in this award, in any area where by reason of the legislation of a state summertime is prescribed as being in advance of the standard time of that state the presented length of any shift:

29.8.2 In this subclause the expressions standard time and summertime shall bear the same meaning as are prescribed by the relevant state legislation.

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

30. ANNUAL LEAVE

30.1 Period of leave

30.1.1 A period of 28 consecutive days leave, including non-working days, shall be allowed annually to an employee after twelve months continuous service (less the period of annual leave) as an employee on weekly hiring in any one or more of the occupations to which the award applies.

30.1.2 An employee on weekly hiring shall accrue annual leave at a rate of 2.923 hours for each 38 ordinary working hours worked.

30.2 Annual leave exclusive of public holidays

30.2.1 Subject to this clause the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by clause 34 _ Public holidays and holiday work and, if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to the period of annual leave time equivalent to the ordinary time which the employee could have worked if such day had not been a holiday.

30.2.2 Where a holiday falls as aforesaid and the employee fails without reasonable cause, proof whereof shall be upon him/her, to attend for work at his/her ordinary starting time on the working day immediately following the last day of the period of his/her annual leave he/she shall not be entitled to be paid for any such holiday.

30.3 Broken leave

30.3.1 The annual leave shall be given and taken in one or two continuous periods. If the annual leave is given in two continuous periods, one of those two periods must be of at least 21 consecutive days, including non-working days.

30.3.2 Provided that, if the employer and an employee so agree, his/her annual leave entitlement may be given and taken in two separate periods neither of which is at least 21 consecutive days, including non-working days, or in three separate periods.

30.4 Calculation of continuous service

30.4.1 For the purpose of this clause service shall be deemed to be continuous notwithstanding:

30.4.2 In cases of personal sickness or accident or absence with reasonable cause the employee to become entitled to the benefit of this subclause shall inform the employer, in writing if practicable, within 24 hours of the commencement of such absence of his/her inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of his/her absence. A notification given by an employee pursuant to clause 34 _ Public holidays and holiday work shall be accepted as a notification under this subclause.

30.5 Broken service

30.5.1 Where an employee breaks his/her continuity of service by an absence from work for any reason other than a reason set out in 30.4.1(a), 30.4.1(b) and 30.4.1(c), the amount of leave to which he/she would have been entitled under 30.1, shall be reduced by 1/48th for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which he/she would have been entitled under 30.12, shall be reduced by one-twelfth of a week's pay for each week or part thereof during which any such absence occurs.

30.5.2 Provided, however, that no reduction shall be made in respect of any absence unless the employer informs the employee in writing of his/her intention so to do within fourteen days of the termination of the absence.

30.5.3 In calculating the period of twelve months continuous service the following absences shall be taken into account and counted as time worked:

30.5.4 Other absences from work shall not be taken into account and shall not count as time worked in calculating the period of twelve months continuous service.

30.5.5 Provided that for the purpose of this clause in calculating continuous service for periods of less than twelve months such absences due to sickness or accident shall be taken and counted as time worked on a pro rata basis of 152 ordinary working hours for twelve months service.

30.6 Calculation of service

30.6.1 Service before the date of this award shall be taken into consideration for the purpose of calculating annual leave but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or a payment in lieu thereof has been allowed. The period of annual leave to be allowed under this subclause shall be calculated to the nearest day, any broken part of a day in the result not exceeding half a day to be disregarded.

30.6.2 Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer's predecessor at the time when he/she became such successor or assignee or transmittee the employee in respect of the period during which he/she was in the service of the predecessor shall for the purpose of this clause be deemed to be in the service of the employer.

30.7 Leave to be taken

30.8 Time of taking leave

30.9 Leave allowed before due date

30.9.1 An employer may allow an employee to take annual leave either wholly or partly in advance before the right thereto has accrued due. In such case a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which the annual leave or part thereof had been taken before it accrued.

30.9.2 Where annual leave or part thereof has been granted pursuant to 30.9.1, before the right thereto has accrued due, and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months continuous service in respect of which the leave was granted, and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under 30.12, the employer shall not be liable to make any payment to the employee under 30.12, and shall be entitled to deduct the amount of excess from any remuneration payable to the employee under the termination of employment.

30.10 Payment for period of annual leave

30.10.1 Subject to the provisions of 30.13 and 30.14, each employee before going on leave shall be paid the wages he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on leave during the relevant period, provided that payment for the period specified shall not exceed 152 ordinary hours.

30.10.2 Subject to 30.11 each employee shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable:

30.11 Loading on annual leave

30.11.1 During a period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by 30.10, subject to the provisions of 30.11.1(b):

30.12 Proportionate leave on termination

30.13 Annual close-down

30.13.1 Where an employer closes down his/her site or a section or sections thereof, for the purposes of allowing annual leave to all or the bulk of the employees at the site, or section or sections concerned, the following provisions shall apply:

30.13.2 Provided that where the majority of the employees in the site, or section or sections concerned agree, the employer may close down his/her site in accordance with this subclause in two separate periods neither of which is of at least 21 consecutive days including non-working days, or in three separate periods. In such cases, the employer shall advise the employees concerned of the proposed dates of each close-down before asking them for their agreement.

30.14 Part close-down and part rostered leave

30.14.1 An employer may close down his/her site, or a section or sections thereof, for a period of at least 21 consecutive days including non-working days and grant the balance of the annual leave due to an employee in one continuous period in accordance with a roster.

30.14.2 An employer may close down his/her site, or a section or sections thereof, for a period of less than 21 consecutive days including non-working days and allow the balance of the annual leave due to an employee in one or two continuous periods either of which may be in accordance with a roster.

30.14.3 In such case, the granting and taking of annual leave shall be subject to the agreement of the employer and the majority of the employees in the site, or a section or sections thereof, respectively, and before asking the employees concerned for their agreement the employer shall advise them of the proposed date of the close-down or close-downs and the details of the annual leave roster.

30.15 Commencement of leave - distant work

31. PERSONAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.

31.1 Amount of paid personal leave

31.1.1 Paid personal leave will be available to an employee when they are absent due to:

31.1.2 The amount of personal leave to which an employee is entitled depends on how long he or she has worked for the employer and accrues as follows:

31.1.3 In any year unused personal leave accrues by the lesser of:

31.1.4 Personal leave may accumulate to a maximum 100 days.

31.2 Immediate family or household

31.2.1 The entitlement to carer's or bereavement leave is subject to the person in respect of whom the leave is taken being either:

31.2.2 The term immediate family includes:

31.3 Sick leave

31.3.1 An employee other than a casual employee as defined who is absent from his/her work on account of personal illness or an account of injury by accident, other that that covered by workers' compensation, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

31.3.2 In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only such employee if in the year he/she has already been allowed paid sick leave on two occasions for one day only, shall not be entitled to payment for the day claimed unless he/she produces to the employer a certificate of a duly qualified medical practitioner that in his/her, the medical practitioner's opinion, the employee was unable to attend for duty on account of personal illness or injury. Provided that an employer may agree to accept from the employee a statutory declaration, stating that the employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate. Nothing in this subclause shall limit the employer's rights under 31.3.1(b).

31.3.3 Sick leave with an employer shall accumulate from year to year so that any balance of the period specified in 31.3.1(c) and 31.3.1(d) which in any year has not been allowed to an employee by that employer as paid sick leave may be claimed by the employee and subject to the conditions herein prescribed shall be allowed by that employer in a subsequent year, without diminution of the sick leave prescribed in respect of that year.

31.3.4 Provided that sick leave which accumulates pursuant to this subclause shall be available to the employee for a period of ten years but for no longer from the end of the year in which it accrues.

31.3.5 Any sick leave for which an employee may become eligible under this award by reason of service with one employer shall not be cumulative upon sick leave for which the employee may become eligible by reason of subsequent service with another employer.

31.3.6 If an employee is terminated by his/her employer and is re-engaged by the same employer within a period of six months, then the employee's unclaimed balance of sick leave shall continue from the date of re-engagement.

31.3.7 In such case the employee's next year of service will commence after a total of twelve months has been served with that employer excluding the period of interruption in service from the date of commencement of the previous period of employment, or the anniversary of the commencement of the previous period of employment, as the case may be.

31.3.8 Notwithstanding anything elsewhere in this award an employee with at least five months service with his/her employer shall from the date of making of this award be entitled to one day's sick leave for each month of service in his/her current year of service not to exceed a maximum of ten days in that year. Sick leave will then accrue in accordance with 31.3.1(d).

31.4 Bereavement leave

31.4.1 An employee is entitled to use up to 2 days personal leave as bereavement leave on the death within Australia of a member of the employee's immediate family or household. Such leave shall be up to and including the day of the funeral of such relation (or where made necessary because of travel arrangements, the day after the funeral).

31.4.2 An employee on weekly hiring (including part-time employees) shall on the death within Australia of a wife, husband, mother, father, parents-in-law, brother, sister, child or stepchild, be entitled on notice to leave up to and including the day of the funeral of such relation (or where made necessary because of travel arrangements, the day after the funeral), and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days of work. Proof of such death shall be furnished by the employee to the satisfaction of his/her employer.

31.4.3 Provided that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave.

31.4.4 For the purpose of this clause the words wife and husband shall include a person who lives with the employee as a de facto wife or husband. A de facto spouse means a person of the opposite, or same sex, who lives with the employee as husband, wife, or same sex partner, on a bona fide domestic basis although not legally married to the employee.

31.5 Carer's leave

31.5.2 The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.

31.5.3 In normal circumstances an employee shall not take carer's leave under this clause where another person has taken leave to care for the same person.

31.5.4 The employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reason for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absences at the first opportunity on the day of absence.

31.5.5 An employee may take unpaid carer's leave by agreement with the employer.

31.5.6 Any dispute as to the granting of unpaid carer's leave shall be settled in accordance with clause 10 - Dispute settlement procedure.

32. PARENTAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casual employees.

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

32.1 Definitions

32.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where `child' means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

32.1.2 Subject to 32.1.3, in this clause, spouse includes a de facto or former spouse.

32.1.3 In relation to 32.5, spouse includes a de facto spouse but does not include a former spouse.

32.2 Basic entitlement

32.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

32.2.2 Subject to 32.3.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

32.3 Maternity leave

32.3.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

32.3.2 When the employee gives notice under 32.3.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

32.3.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

32.3.4 Subject to clause 32.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

32.3.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

32.3.6 Special maternity leave

32.3.7 Where leave is granted under clause 32.3.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

32.4 Paternity leave

32.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

32.4.2 The employee will not be in breach of clause 32.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

32.5 Adoption leave

32.5.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

32.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

32.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

32.5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.

32.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

32.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

32.6 Variation of period of parental leave

32.7 Parental leave and other entitlements

32.8 Transfer to a safe job

32.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

32.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

32.9 Returning to work after a period of parental leave

32.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

32.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 32.8, the employee will be entitled to return to the position they held immediately before such transfer.

32.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

32.10 Replacement employees

32.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

32.10.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

33. JURY SERVICE

33.1 An employee on weekly hiring required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked plus fares had he/she not been on jury service.

33.2 An employee shall notify his/her employer as soon as practicable of the date upon which he/she is required to attend for jury service, and shall provide his/her employer with proof of this attendance, the duration of such attendance and the amount received in respect thereof.

33.3 An employee working part-time who is required to attend for jury service during their agreed ordinary hours shall be paid in accordance with this clause on a pro rata basis.

34. PUBLIC HOLIDAYS AND HOLIDAY WORK

34.1 An employee shall be entitled to holidays on the following days:

34.1.1 New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day;

34.1.2 The following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen's Birthday and Eight Hours' Day or Labour Day; and

34.1.3 One other day to be specified according to state, Territory or locality or on some other basis.

34.2 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

34.3 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

34.4 When New Year's Day or Australia Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on the next Monday.

34.5 Where in a state, Territory or locality, public holidays are declared or prescribed on days other than those set out in 34.1, 34.2, 34.3 and 34.4, those days shall constitute additional holidays for the purpose of this award.

34.6 An employer, with the agreement of an employee, may substitute another day for any prescribed in this clause.

34.7 An employer and his or her employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement.

34.7.1 The unions which are a party to this award shall be informed of an agreement pursuant to 34.7 (subusitution of holiday clause) hereof provided such agreement is made with a union member.

34.8 An agreement 34.7 shall be recorded in writing and be available to every affected employee.

34.9 If a dispute arises as to the operation of the provisions in 34.6 or 34.7 then it shall be settled in accordance with clause 10 _ Settlement of disputes.

34.10 In addition to the holidays prescribed in 34.1, one or more additional public holidays shall apply to an employee in each state where this award operates as follows:

34.10.1 In Victoria

34.10.2 In Queensland

34.10.3 In Australian Capital Territory

34.10.4 In South Australia

34.10.5 In Tasmania

34.10.6 In New South Wales

34.11 All work performed on any of the holidays prescribed in this clause or substituted in lieu thereof, shall be paid for at the rate of double time and a half.

34.12 The provisions of clauses 26 _ Overtime and 27 _ Weekend work shall apply in respect of work on a holiday.

34.13 An employee required to work on a holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate. Provided that:

34.13.1 An employer who terminates the employment of an employee except for reasons of misconduct or incompetency (proof of which shall lie upon the employer) shall pay the employee a day's ordinary wages for each holiday prescribed in 34.1, 34.2, 34.3 and 34.4, or each holiday in a group as prescribed in 34.13.2, which falls within ten consecutive days after the day of termination.

34.13.2 Where any two or more of the holidays prescribed in this award occur with a seven day span, such holidays shall for the purpose of this award be a group of holidays. If the first day of the group of holidays falls within ten consecutive days after termination, the whole group shall be deemed to fall within the ten consecutive days.

34.13.3 No employee shall be entitled to receive payment from more than one employer in respect to the same public holiday or group of holidays.

34.13.4 The employee has worked as required by his/her employer the working day immediately before and the working day immediately after such a holiday or is absent with the permission of his/her employer or is absent with reasonable causes. Absence arising by termination of employment by the employee shall not be reasonable causes. Absence arising by termination of employment by the employee shall not be reasonable cause.

34.13.5 Where an employee is working on a part-time basis, the holidays provisions in this clause shall only apply in respect of that part of a holiday or group of holidays which coincides with the ordinary hours of part-time work applicable to that employee.

PART 8 _ TRAINING

35. TRAINING

35.1 Through the establishment of a training committee, an employer shall develop a training program consistent with:

35.1.1 the current and future skill needs of the enterprise;

35.1.2 the size, structure and nature of the operations of the enterprise;

35.1.3 the need to develop vocational skills relevant to the enterprise and the metal and engineering construction industry through courses conducted by accredited educational institutions and providers.

35.2 Where through a training committee and with the employee concerned it is agreed that additional training should be undertaken by an employee, that training may be undertaken either on-the-job or off-the-job. Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

35.3 Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall be on an annual basis and be subject to the presentation of reports of satisfactory progress.

35.4 Travel costs incurred by an employee undertaking training in accordance with this clause which exceed the amount normally received by the employee, shall be reimbursed by the employer.

35.5 Any disputes arising in relation to this clause shall be subject to the provisions of clause 10 _ Settlement of disputes.

B. This order shall come into operation on and from the beginning of the first pay period to commence on or after 15 July 2002 and shall remain in force for a period of six months.

BY THE COMMISSION:

SENIOR DEPUTY PRESIDENT

APPENDIX A - LIFT INDUSTRY

1. TITLE

This appendix shall apply to the Lift industry.

2. APPLICATION

Subject to any exceptions and exemptions specified herein, this appendix shall only apply to electrical and metal tradesmen and their assistants who perform work in connection with the installation, major modernisation, servicing, repairing and/or maintenance of lifts and escalators.

3. LIFT INDUSTRY ALLOWANCE

3.2 In addition to the Weekly Award Rates specified in 16.1, employees shall be paid an amount of $77.70 per week as a lift industry allowance in consideration of the peculiarities and disabilities associated with the installation, major modernisation, servicing, repairing and/or maintenance of lifts and escalators and in recognition of the fact that employees engaged in such work may be required to perform, and/or assist to perform, any of such work.

3.3 Apprentices shall be paid the following proportion of the appropriate lift industry allowance as follows:

    During his/her first year of apprenticeship

    42%

    During his/her second year of apprenticeship

    55%

    During his/her third year of apprenticeship

    75%

    During his/her fourth year of apprenticeship

    88%

3.4 An employee in receipt of the lift industry allowance prescribed by 3.2, shall not be entitled to any of the special rates prescribed in clause 22 _ Special rates.

3.5 An employee who is ordinarily engaged in the employer's workshop and who, from time to time, is required to perform any of the work prescribed in 3.2 shall, in respect of such work, be entitled to payment of portion of the lift industry allowance prescribed by this clause in accordance with the provisions of 16.2 of this award.

3.6 After an electrical tradesman has performed work away from a workshop for an employer party to the Lift Industry Agreement referred to in clause 2 hereof in connection with the installation, major modernisation, servicing repairing and/or maintenance of lifts and escalators for a period of not less than two years shall be classified as electrician - special class.

3.7 The amounts specified in this clause shall be paid for all purposes of this award.

4. CONDITIONS OF EMPLOYMENT

The provisions of the award shall apply to employees covered by this appendix excepting the provisions of 18.9, 18.5, 18.6, 18.7, 18.10 and 19.1.

APPENDIX B - FOREMEN AND SUPERVISORS

1. TITLE

This appendix shall apply to foremen and supervisors.

2. APPLICATION

2.1 Subject to any exceptions and exemptions specified herein, this Part shall only apply to foremen and supervisors of employees engaged on work as prescribed by clause 6 _ Coverage of award.

2.2 Provided that this appendix shall not apply to any sole trader, partnership, firm, company or corporation where, as at the date of this award the total number of employees, irrespective of the location employed by that sole trader, partnership, firm, company or corporation, is less than 30.

3. DEFINITIONS

3.1 Foremen/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.

3.2 General foreman/supervisor shall mean an employee appointed as such or required by his/her employer to be mainly engaged in the direct supervision and co-ordination of the work of at least two foremen/supervisors (as defined) but shall not include employees to whom the Metal, Engineering and Associated Industries Award, 1998 _ Parts II,[Print Q2527 [M1913]], Metal, Engineering and Associated Industries (Professional Engineers and Scientists) Award 1998 [Print Q2531 [M0042]]; applies or site managers, nor departmental heads and the like.

4. WAGES

4.1 Part A

4.1.1 Where three or more tradesmen,, excluding leading hands, are supervised by a foreman/supervisor the weekly wage rates shall be calculated as follows:

4.1.2 Where other than three or more tradesmen are supervised by a foreman/supervisor the weekly wage rates shall be calculated as follows:

4.1.3 The amounts set out in 4.1 have been adjusted to give effect to 2002 Safety Net Adjustment.

4.2 Part B - general

4.2.1 The calculation of wage rates in accordance with 4.1 shall exclude overtime payments, shift work premiums, special rates, meal allowances, allowances for travelling and board, motor allowances, first aid allowances and other additional amounts specified in clauses 20 _ Fares and travelling allowances, 21 _Living away from home _ distant construction sites or 22 _ Special rates .

4.2.2 Where the employee is employed other than on a weekly basis, the following shall apply:

5. PAYMENT OF WAGES

Wages may be paid in cash, by cheque, or into a bank account which is nominated by the employee.

6. CONTRACT OF EMPLOYMENT

6.1 The employer shall in writing advise an employee covered by this award whether the contract of employment is on a weekly, fortnightly, bi-monthly, or monthly basis.

6.2 Once the basis of the contract of employment has been so advised, it shall cover the period over which the wages are to be paid. The period of notice or payment in lieu of notice required to terminate the contract of employment shall be that fixed in accordance with the contract of employment as advised pursuant to 6.1.

7. CONDITIONS OF EMPLOYMENT

7.1 The conditions of employment to apply to employees covered by this part shall not be less favourable than those prescribed under this award.

7.2 Provided that where it has been the custom to do so and the employer and employee agree, time off with pay may be taken in lieu of payment for overtime work, shift work, or work on Sundays or holidays.

8. NOTIFICATION OF CLASSIFICATION, RATES OF PAY AND EMPLOYMENT CONDITIONS

8.1 Within one month of commencing the employment an employee shall, if he/she so requests, be advised by his/her employer of the award classification and the details of the total remuneration applicable to him/her and whether or not and over what period of time it includes any element compensating him/her in whole or in part of overtime work, shift work or work on Sundays or holidays. Further, on request, an employer shall advise an employee of other details of the conditions of employment applicable to him/her.

8.2 If an employee requests that details of his/her employment conditions be provided in writing the employer shall take all reasonable steps to satisfy the request.

APPENDIX C - INCIDENCE OF AWARD

Subject to the exceptions and exemptions prescribed by this award, the industries and callings covered by this award are the engineering, metal working and fabricating industries in all their branches, and all industries allied thereto and include:

· The manufacture, erection and installation, maintenance and repair of all forms of electrical machinery, apparatus and appliances, including valve and globe manufacturing.

· Manufacture, erection, installation, maintenance and repair of electrical advertising equipment including neon signs.

· The manufacture and repair of recording, measuring and controlling devices for electricity, fluids, gases, heat, temperature, pressure, time, etc.

· Plastic moulding, casting or fabricating in synthetic resins, or similar materials and including the production of synthetic resins, powders, tablets, etc. as used in such processes.

· Making, manufacture, installation, maintenance and repair of ventilating and air-conditioning plant and equipment.

· The making, assembling, repairing and maintenance of vehicles (except where such work is at present covered by another Federal award).

· Making, manufacture, installation, maintenance and repair of scales and machines for measuring mass and equipment.

· Making, manufacture, installation, maintenance and repair of watches and clocks, including cases.

· Making, repairing, reconditioning and maintenance of motor engines, and/or parts thereof, and of the mechanical and electrical parts including the transmission and chassis of motor cars, motorcycles and other motor driven vehicles.

· The making of metal motor body parts.

· Installation of all classes and types of electrical wiring equipment and plant, and the repair and maintenance thereof.

· Making, manufacture, treatment, installation, maintenance, repair and reconditioning of any articles, part or components, whether of metal and/or other material in any of the foregoing industries.

· Sorting, packing, despatching, distribution and transport in connection with any of the foregoing.

· Making, manufacture, installation, construction, maintenance, repair and reconditioning of plant, equipment, buildings and services (including power supply) in establishments connected with the industries and callings described herein and maintenance work generally.

· Every operation, process, duty and function carried on or performed in or in connection with or incidental to any of the foregoing industries.

All descriptions of industry or calling set out in this clause wherever expressed may be read either alternatively or collectively in any combination whatsoever.

APPENDIX D - OUTLINE OF CLASSIFICATION STRUCTURE

1. WAGE RATES

    Wage group

  

    Base rate

    Supplementary payment

    SNA award

    Weekly rate

 

    %

    $

    $

    $

    $

           

    ECW1 (a)

    85

    $310.40

    $44.30

    $106.00

    $460.70

    (b)

    88

    $321.40

    $45.80

    $106.00

    $473.20

    (c)

    90

    $328.70

    $46.90

    $106.00

    $481.60

    (d)

    92.4

    $337.40

    $48.10

    $106.00

    $491.50

    ECW2

    96

    $350.60

    $50.00

    $106.00

    $506.60

    ECW3

    100

    $365.20

    $52.10

    $108.00

    $525.30

    ECW4

    105

    $383.50

    $54.70

    $108.00

    $546.20

    ECW5

    110

    $401.70

    $57.30

    $108.00

    $567.00

    ECW6

    115

    $420.00

    $59.90

    $106.00

    $585.90

    ECW7

    120

    $438.20

    $62.50

    $106.00

    $606.70

    ECW8

    125

    $456.50

    $65.10

    $106.00

    $627.60

    ECW9

    130

    $474.80

    $67.60

    $106.00

    $648.40

2. CLASSIFICATION DEFINITIONS

2.1 Wage group: ECW1

2.1.1 Relativity to tradesperson

2.1.2 An employee at ECW1(d) will have:

2.1.3 An employee at this level performs work above and beyond the skills of an employee at ECW1(c) and to the level of his/her training:

2.1.4 The following indicative tasks which an employee at this level may perform are subject to the employee having completed the appropriate training to perform the particular task:

2.2 Wage group: ECW2

2.2.1 Relativity to Base Trade Rate: 96%

2.2.2 An Engineering Construction Worker Level 2 (ECW2) is an employee who has:

2.2.3 An employee at this level performs work above and beyond the skills of an employee at ECW1 and to the level of their training:

2.2.4 The following indicative tasks which an employee at this level may perform are subject to the employee having completed the appropriate training to perform the particular task:

2.3 Wage group: ECW3

2.3.1 Relativity to Base Trade Rate: 100%

2.3.2 An Engineering Construction Worker Level 3 is an employee who has:

2.3.3 An employee at this level performs work above and beyond the skills of an employee at ECW2 and to the level of their training:

2.3.4 The following indicative tasks which an employee at this level may perform are subject to the employee having completed the appropriate training to perform the particular task:

2.4 Wage group: ECW3

2.4.1 Relativity to Base Trade Rate: 100%

2.4.2 An Engineering Construction Tradesperson Level 1 is an employee who holds a Trade Certificate or Tradespersons Rights Certificate in one of the Electrical/Electronic, Mechanical or Fabrication Engineering Streams as defined in this award and is able to exercise the skills and knowledge of that trade.

2.4.3 An Engineering Construction Tradesperson Level 1 works above and beyond an employee at ECW2 and to the level of their training:

2.5 Wage group: ECW4

2.5.1 Relativity to Base Trade Rate: 105%

2.5.2 An Engineering Construction Tradesperson Level II is an:

2.5.3 An Engineering Construction Tradesperson Level II works above and beyond a Tradesperson at ECW3 and to the level of their training:

2.5.4 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.

2.5.5 Engineering Construction Technician Level I

2.5.1 Relativity to Base Trade Rate: 105%

2.5.2 An Engineering Construction Technician Level I is an employee who has the equivalent level of training and/or experience to a ECW4 tradesperson in the technical fields as defined but is engaged in detail draughting or routine planning or technical tasks requiring technical knowledge.

2.6 Wage group: ECW5

2.6.1 Relativity to Base Trade Rate: 110%

2.6.2 A Special Class Engineering Construction Tradesperson Level I is a;

2.6.3 A Special Class Engineering Construction Tradesperson Level I works above and beyond a Tradesperson at ECW4 and the level of their training:

2.6.3 The following indicative tasks which an employee at this level may perform are subject to the employee having the appropriate Trade and Post Trade training to enable the employee to perform the particular indicative tasks:

2.6.4 Engineering Construction Technician Level II

2.6.4(a) Relativity to Base Trade Rate: 110%

2.6.4(b) 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 judgement and skill in excess of that required of an employee at ECW4 under the supervision of technical staff.

2.7 Wage group: ECW6

2.7.1 Relativity to Base Trade Rate: 115%

2.7.2 A Special Class Engineering Construction Tradesperson Level II is a:

2.7.3 An Engineering Construction Tradesperson Special Class Level II works above and beyond a Tradesperson at ECW5 and to the level of their training:

2.7.4 The following indicative tasks which an employee at this level may perform are subject to the employee having the appropriate Trade and Post Trade training to enable the employee to perform the particular indicative tasks:

2.7.5 Engineering Construction Technician Level III

2.8 Wage group: ECW7

2.8.1 Relativity to Base Trade Rate: 120%

2.8.2 A Special Class Engineering Construction Tradesperson Level III is a:

2.8.3 A Special Class Engineering Construction Tradesperson Level III works above and beyond a Tradesperson at ECW6 and to the level of their training:

2.8.4 The following indicative tasks which an employee at this level may perform are subject to the employee having the appropriate Trade and Post Trade training to enable the employee to perform the particular indicative tasks.

2.9 Wage group: ECW8

2.9.1 Relativity to Base Trade Rate: 125%

2.9.2 An Advanced Engineering Construction Tradesperson Level I is an:

2.9.3 An Advanced Engineering Construction Tradesperson Level I works above and beyond a Tradesperson at ECW7 and to the level of their training:

2.9.4 The following indicative tasks which an employee at this level may perform are subject to the employee having the appropriate Trade and Post Trade Training to enable the employee to perform the particular indicative tasks:

2.9.5 Engineering Construction Technician Level IV

2.10 Wage group: ECW9

2.10.1 Relativity to Base Trade Rate: 130%

2.10.2 An Advanced Engineering Construction Tradesperson Level II is an:

2.10.3 An Advanced Engineering Construction Tradesperson Level II works above and beyond a Tradesperson at ECW8 and to the level of their training:

2.10.4 The following indicative tasks which an employee at this level may perform are subject to the employee having the appropriate Trade and Post Trade Training to enable the employee to perform the particular indicative tasks:

2.10.5 Engineering Construction Technician Level V

3. ENGINEERING STREAMS

3.1 In this award, the classification definitions recognised three broad engineering streams, namely electrical/electronic; fabrication and mechanical.

3.2 The streams are defined as:

3.2.1 Electrical/electronic stream - including the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all electrical and electronic devices systems, equipment and controls, eg: electrical wiring, motors, generators, PLC's and other electronic controls, instruments, refrigeration, telecommunications, radio and television, communication and information processing.

3.2.2 Mechanical stream - including the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all mechanical equipment, machinery, fluid power systems, automotive mechanics, instruments, refrigeration, and the use of related computer controlled equipment eg: Computer Numeric Controlled machine tools.

3.2.3 Fabrication stream - including fabrication, forging, founding, structural steel erection, electroplating, metal spinning, metal polishing, sheet metal work and the use of related computer controlled equipment. This includes fabrication in all metals, plastics, carbon fibre, composite materials, ceramics and other materials.

4. NEW ENTRANT

4.1 New entrant means an employee who has never previously worked within the scope of any of the following awards: National Building and Construction Industry Award 2000 [Print S0643 [N0122]], Building and Construction Industry (ACT) Award 1991[Print K0679 [B0035]], Building and Construction Industry (Northern Territory)(Consolidated) Award 1996 [Print N6856 [B0035]], the National Metal and Engineering On-site Construction Industry Award 1989 [Pirnt H8482 [N0100]], Australian Workers Union Construction and Maintenance (Consolidated) Award 1987 [Print G6898 [A0051]], Plumbing Trades (Southern States) Construction Award, 1999 [Print R5910 [P0092]], Plumbing Industry (New South Wales) Award 1999 [Print R5904 [P0111]], Plumbing Industry (Qld and W.A.) Award 1999 [Print 5911 [P0090]], The Sprinkler Pipe Fitters' Award 1998 [Print Q5148 [S0091]], AWU Construction On-site and Civil Engineering (ACT) Award including any federal award which was superseded by the making of these awards, or any state counterpart awards covering the same industries and callings as the federal awards cited.

4.2 The new entrant classification does not apply to persons who were employed in the engineering construction industry prior to the introduction of this appendix. Existing employees are subject to the translation arrangements set out in clause (d) and schedule A of the appendix.

5. SUPERVISION

5.1 This appendix recognises four levels of supervision which are as follows:

5.1.1 Direct supervision

5.1.2 Routine supervision

5.1.3 General supervision

5.1.4 Limited supervision

6. TRADE

Includes an employee who possesses as a minimum qualification a trade certificate in any of the engineering streams (as defined).

7. TECHNICAL AREA

7.1 Production planning, including scheduling, work study, and estimating materials, handling systems and like work.

7.2 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.

7.3 Design and draughting and like work.

8. TRANSLATION AND RATES OF PAY

8.1 Translation

8.1.1 Where agreement is reached to introduce this appendix, all employees affected shall transfer from their current classification to the new classification structure on the basis of their existing award classification rate in accordance with schedule A attached.

8.1.2 In seeking subsequent upward reclassification an employee shall be required to demonstrate that he or she meets the full requirements of the higher skill level in accordance with the criteria outlined in the classification structure.

8.1.3 Any disputes regarding translation shall be dealt with in accordance with the disputes procedure of this award or the enterprise.

8.2 Rates of pay

8.2.1 Clause 1 - Wage rates details the rates of pay applicable under this appendix. Payment is for skills used or required by the employer, and employees performing work in a job at their skills classification in that vocational area shall be entitled to the minimum rates of pay contained herein by virtue of:

8.2.2 No existing employee's rate of pay shall be reduced as a result of the introduction of this appendix.

8.3 Classification/reclassification

8.3.1 Where an employee has the relevant qualification recognised as a minimum training requirement for the level of which the employee seeks to be reclassified and he or she is exercising or is required to exercise the skills and knowledge gained for the qualification necessary for that level of work, the employee shall be classified appropriately.

8.3.2 In the event that there is a claim for reclassification by an existing employee to a higher level under the new structure on the ground that the employee possesses equivalent skill and knowledge gained through on-the-job experience the following principles apply:

8.3.3 Where skill standards have not been finalised in respect of any class of work, and this is necessary for determining an employee's classification, employees performing such work shall not be reclassified until such standards are available except as provided for in 8.3.1 and 8.3.4.

8.3.4 Where the situation described in 8.3.3 applies, but not under any other circumstances, an employee may be reclassified on the basis that the employee meets the requirements of the old classification definitions prescribed in 16.1 and clause 4 - Definitions of the award.

SCHEDULE A - TRANSLATION OF EXISTING CLASSIFICATIONS

    EXISTING CLASSIFICATION

    WAGE GROUP

    Electronics tradesman

    ECW6

    Instrumentation and control tradesperson

    ECW6

    Mechanical tradesperson special class

    ECW4

    Electrician special class

    ECW4

    Instrument tradesman complex systems

    ECW4

    Inspector

    ECW4

    Instrument tradesperson

    ECW4

    Welder Special Class

    ECW3

    Marker off

    ECW3

    Fitter

    ECW3

    Boilermaker and/or structural steel tradesperson

    ECW3

    Electrical fitter

    ECW3

    Electrical mechanic

    ECW3

    Motor mechanic

    ECW3

    Sheetmetal worker 1st class

    ECW3

    Welder 1st Class

    ECW3

    Battery fitter

    ECW3

    Plant mechanic

    ECW3

    Locksmith

    ECW3

    Tradesman (Radio)

    ECW3

    Refrigeration Mechanic

    ECW3

    Air conditioning tradesperson

    ECW3

    Aircon group 1

    ECW2

    Rigger/splicer

    ECW2

    Dogman/crane chaser - mobile equipment

    ECW2

    Fork lift over 4500kg

    ECW2

    Cable jointer

    ECW1(d)

    Fork lift up to 4500kg

    ECW1(d)

    Ironworker on construction

    ECW1(d)

    Mobile crane driver

    ECW1(d)

    Linesperson

    ECW1(D)

    Insulator thereafter

    ECW1(D)

    Sheetmetal worker 2nd Class

    ECW1(D)

    Insulator 2nd six Months

    ECW1(C)

    Tool/material storeman

    ECW1(c)

    Spray painter

    ECW1(c)

    Erector (wire mesh)

    ECW1(c)

    Aircon group 2

    ECW1(b)

    Insulator 1st six months

    ECW1(b)

    Lagger thereafter

    ECW1(b)

    Dresser and Grinder

    ECW1(b)

    Welder 2nd Class

    ECW1(b)

    Dogman/crane chaser

    ECW1(B)

    Painter brush hand

    ECW1(b)

    Lagger 2nd six months

    ECW1(b)

    Aircond group 3

    ECW1(b)

    Employee directly assisting a tradesperson

    ECW1(b)

    Lagger 1st six months

    ECW1(b)

SCHEDULE B - RESPONDENTS

    A & P Harding

    30 Manilla Road

    Lethbridge

    NSW

    2770

    Active Airconditioning Pty Ltd

    210 Coward Street

    Mascot

    NSW

    2020

    Aerow Air Conditioning Pty Ltd

    1 Clements Ave

    Bankstown

    NSW

    2200

    Airborne Installations

    37 Eschol Park Drive

    Eschol Park

    NSW

    2558

    Alcoin

    40 Hansens Road

    Minto Heights

    NSW

    2566

    Allstaff Airconditioning

    (VIC) Pty Ltd

    379 Lower Dandenong Rd

    Dingley

    VIC

    3172

    Avant Garde Insulations

    22 Barry Street

    Mortdale

    NSW

    2223

    Better Conditions Pty Ltd

    37 The Promenade

    Guilford

    NSW

    2161

    Carlton Sheetmetal Pty

    Limited

    175 Bellevue Parade

    Carlton

    NSW

    2218

    Consolidated Insulations

    212 Railway Terrace Parade

    Guildford

    NSW

    2161

    Crest Air Conditioning

    2/4 Gladstone Road

    Castle Hill

    NSW

    2154

    E&R Insulations Contractors

    18 Mavis Street

    Revesby

    NSW

    2212

    E&R Mechanical Contractors

    18 Mavis Street

    Revesby

    NSW

    2212

    F & D Mardell Ivestments Pty Ltd t/a F & D Air Conditioning

    lot 20 - Sumbray Ave

    Kemps Creek

    NSW

    2171

    Fowler Engineering Group Pty Ltd

    6 Keppel Street

    Shepparton

    VIC

    3630

    Geuan Pty Ltd

    2/51 - 53 Fitzpatrick

    Revesby

    NSW

    2212

    Ideal Ductwork Installers

    1631 Botany Road

    Botany

    NSW

    2019

    Insultech

    49 Powers Road

    Seven Hills

    NSW

    2147

    J & D Precision Air

    20 Evelyn Crescent

    Berowra

    NSW

    2052

    January Engineering

    57 Denison Street

    Camperdown

    NSW

    2050

    Kasio Air Conditioning Pty Ltd

    2 Boomerang Street

    Earlwood

    NSW

    2171

    L & M Insulations Pty Limited

    2A Rothwell Avenue

    Concord West

    NSW

    2138

    Mist Bird Limited

    8/13-19 Princess Street

    Brighton Le Sands

    NSW

    2216

    Nixville Pty Ltd

    Unit 2/21 Barry Rd

    Chipping Norton

    NSW

    2170

    NSN Air Pty Ltd

    2 Harper Place

    Frenchs Forest

    NSW

    2086

    On-Time Insulations

    49 Malton Road

    Beecroft

    NSW

    2119

    Optimus Pty Ltd

    PO Box 234

    Auburn

    NSW

    2144

    Orana Air Conditioning

    7 Pademelon Ave

    St Helens Park

    NSW

    2560

    Precision Air Pty Limited

    16 Jordon Avenue

    Glassodia

    NSW

    2756

    Prestige Insulations Pty Limited

    1631 Botany Road

    Botany

    NSW

    2019

    Technicool

    15 Bega Road

    Janalli

    NSW

    2226

    United Insulations Contracting

    10-12 Byrne Street

    Auburn

    NSW

    2144

    Ventrix

    56 Whitfield Parade

    Hurstville Grove

    NSW

    2220

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