AN120089 – Building and Construction Industry (State) Award
For the purpose of this award:
4.1 The Act means the Industrial Relations Act 1996, as it may be amended from time to time.
4.2 Bricklayer means an employee employed on bricklaying or tuck pointing work. Without limiting the generality of the foregoing the work of bricklayers may include: bricklaying, cleaning down brickwork, brick cutting, tiling, setting pointed brickwork, firework, setting coke slabs, coke bricks, cutting openings in brickwork, stone setting and the laying of all types of blocks including concrete, masonry, terracotta, glass, plaster, plastic and synthetic or reconstituted material blocks or bricks, paving bricks and bricks, blocks or tiles laid in sand.
4.3 Bridge and wharf carpentry means the carrying out or responsibility for, with or without supervision, the marking out and the measurement of all timber including the jointing, connecting and final dressing to size of hewn, sawn, round or dressed timber, for the checking and seating of girders and corbels and other work involving final measurement, cutting accurately to size and fitting of timber, with or without plans, in or in connection with the erection, maintenance, alteration, renovation or demolition of:
4.3.1 bridges, culverts, wharves, piers, jetties, dolphins and similar types of work of heavy engineering construction;
4.3.2 timber and timber composite coal or metal storage bins and hoppers;
4.3.3 timber work on gantries, towers, flying fox towers, swimming baths, tank stands, dam and reservoirs on which an axe or adze is used in the preparation or fitting; 4.3.4 coffer-dams apart from shipping;
4.3.5 cattle stops and rabbit stops, ramps, buffer stops, water races, pits and heavy timber work in railway platforms, trucking yards and stockyards;
4.3.6 generally all heavy construction work which necessitates the use of an axe or adze in the preparation and fitting of such carpentry work;
4.3.7 all false work and concrete formwork in connection with any of the above-mentioned structures except concrete formwork of special design or finish which requires the special skill of a carpenter and joiner. In each case the employer shall determine which portion of the formwork requires the special skill of a carpenter and joiner;
4.3.8 bridge and wharf carpentry shall not include any work in connection with the construction or erection of buildings.
4.4 Carpenter and joiner means an employee employed as a carpenter and/or joiner upon shop fitting work or construction work as defined in this clause. Without limiting the generality of the foregoing the work of carpenters may include:
4.4.1 work in connection with prefabricated units;
4.4.2 the marking out, lining, plumbing and levelling of steel formwork and supports thereto;
4.4.3 the stripping of steel formwork shutters or boxing;
4.4.4 the erection of curtain walling and the fixing of external wall cladding;
4.4.5 the erection of suspended ceilings except where wet plaster is used;
4.4.6 the erection of metal windows or doors;
4.4.7 the manufacture, installation, alteration and/or repair of shopfronts, showcases, exhibitors stands and interior fittings and fixtures in or on buildings, Provided that:
(a) the drawing or shaping of metal is not required in respect of 4.4.4, 4.4.5, 4.4.6 and 4.4.7 hereof; and
(b) nothing in this definition shall be construed as giving a carpenter an exclusive right to work specified in 4.4.3, 4.4.4, 4.4.5 and 4.4.6 hereof.
4.5 Carpenter-diver means an employee engaged to do work (not being work specifically provided for in the General Construction and Maintenance, Civil and Mechanical Engineering (State) Award, as varied, from time to time, under water, requiring the use of a recognised diving dress, which work, if done on the surface, would be the work of a bridge and wharf carpenter as provided in and by this award and such other work, if not done on the surface, as is ordinarily done by carpenter-divers under water and is generally recognised to be their work in, for example, and for example only, the construction, repair, demolition or inspection of wharves, and/or bridges, piers, jetties, dolphins, slipways, dams, reservoirs, coffer dams, bulkheads cylinders and caissons, (provided that in the case of slipways, coffer dams, bulkheads and caissons they are not in a recognised shipyard or dock,) the inspection of or salvage work on ships, boats, barges, punts or pontoons and the removal of any obstructions or fouling on such vessels. But without prejudice to the present rights respecting salvage work and the removal of obstructions or fouling on the described vessels of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.
4.6 Commission means the Industrial Relations Commission of NSW.
4.7 Concrete finisher means an employee other than a concrete floater engaged in the finishing of concrete or cement work by hand not being a finish in marble mosaic or terrazzo.
4.8 Concrete floater means an employee engaged in concrete or cement work and using a wooden or rubber screeder or mechanical trowel or wooden float or engaged in bagging off or broom finishing or patching.
4.9 Construction work
4.9.1 Means all work performed under this award in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the making, assembling or fixing of woodwork and fittings in connection therewith, the making, preparing, assembling, and fixing of any material necessitating the use of tradespersons tools or machines including all work performed by stonemasonry classifications and the prefabricating of a building in an open yard.
4.9.2 For the purpose of this definition maintenance is confined to employees employed by building and construction industry employers respondent to this award.
4.10 Foreperson means a Bridge and Wharf Carpenter who is given by the employer, or employers agent, the responsibility for supervising the programming of work.
4.11 Foundation shafts worker means a builders labourer employed on the sinking of shafts which will exceed six metres in depth for foundations of buildings or upon consequential steel fixing, timbering and concreting therein.
4.12 Hard Floor Coverer shall mean without limiting the generality of the foregoing, persons employed in the preparation and laying to walls and floors of vinyl tiles and sheeting, cork tiles and sheeting, parquetry, and in the process of floor-sanding (but not including French polishing) and all related work and substitute or similar coverings but excluding carpet and linoleum.
4.13 Leading hand means an employee who is given by the employer, or their agent, the responsibility of directing and/or supervising the work of other persons, or in the case of only one person the specific responsibility of directing and/or supervising the work of that person.
4.14 Assistant Powder Monkey" means a person assisting under the direct supervision of a powder monkey in placing and firing explosive charges excluding the operation of explosive power tools.
4.14.1 Assistant Rigger -
(a) means a person assisting under the direct supervision of a rigger in erecting or placing in position the members of any type of structure (other than scaffolding and aluminium alloy structures) and for the manner of ensuring the stability of such members, for dismantling such structure or for setting up cranes or hoists other than those attached to scaffolding and who has attained the national uniform occupational health and safety certificate of competency.
Shall include an employee either performing rigging work that is an integral part of, or is incidental to a tradesperson's work or work that is an integral part of or is incidental to, cranage operations.
(b) An employee classified or employed as an assistant rigger shall be assisted by their employer in the completion of their WorkCover Authority Training Logbook or equivalent paperwork, needed towards the attainment of the national uniform occupational health and safety certificate of competency by signing authentic daily entries.
(c) Not more than one assistant rigger shall be employed in any rigging gang (including leading hand and dogger ) when the number of employees in the gang does not exceed five.
4.15 Marker or setter out means an employee mainly employed marking and/or setting out work for other employees.
4.16 Operator of explosive-powered tools means an employee qualified in accordance with the laws and regulations to operate explosive-powered tools.
4.17 Painter means an employee engaged in any manner whatsoever in:
4.17.1 The painting and/or decorating of or in connection with all buildings and structures, plant, machinery and equipment, fences and posts (commercial, residential, industrial or otherwise).
4.17.2 The painting of or in connection with prefabricated buildings and structures, plant machinery and equipment (commercial, residential, industrial or otherwise) and any prefabricated or other parts of prefabricated buildings and structures as aforementioned.
4.17.3 Without limiting the generality of the foregoing the work of painters includes:
(a) the painting of pipe lines, conduits, valves, condensers, cocks, control and/or regulating stations or substations, and/or pumping, suction siphon, or booster stations or sub-stations and/or storage holders, pressure regulating holders and/or trestles, bridges, viaducts pylons, and any other supports, and all machinery and appurtenances relating to the foregoing on water land or sea, used or to be used for the purpose of storing and/or regulating and/or conveying liquids or gases including natural oils and gases;
(b) paperhanging, applying and/or fixing wall hangings or coverings, decorating, kalsomining, distempering, plastic relief and texture work, graining, marbling, gilding, enamelling, varnishing and lacquering and the replacement of glass;
(c) the mixing of and/or application of and/or fixing of paint or like matter or substitute or mixtures or compositions or compounds texture or plastic coating and finishes or other decorative or protective coating and/or finishes, or putty, stopping or caulking mixtures, compositions or compounds, oils, varnishes, water- colours, lacquers, stains, wallpapers, wall hangings, or coverings, coatings, and/or other materials used in the painting and decorating trade with a brush, spray, roller or other tool or remove paint or like matter or substitutes or mixtures or compositions or compounds for texture or plastic coatings and finishes or other decorative coating and/or finishes or putty, stopping or caulking mixtures, compositions or compounds, oils, varnishes, water-colours, lacquers, stains, wallpapers, wall hangings, or coverings, or other materials used in the painting and decorating trade by heat, flame, water solvents, electrical mechanical, air- powered or hand tools or by grit, shot or other abrasives or by any other means and the preparation of the work and materials required in any of the aforementioned branches of the trade.
4.18 Ordinary time means rates as calculated in accordance with 18.1 - Wage rates of this award.
Time and one half means ordinary time plus 50%.
Double time means ordinary time plus 100%.
Double time and one half means ordinary time plus 150%.
4.19 Plasterer means an employee employed on internal and/or external plastering and/or cement, including without limiting the generality of the foregoing, finishing and/or topdressing and/or patching concrete work, rendering with all forms of plaster including applying and finishing acoustic, insulating or fireproofing materials bonded with plaster, plastic, cementations or similar substances, waterproofing work in cement, bitumen or similar substances, waterproofing work in cement, bitumen, plaster or patent material, granolithic floor laying (i.e. floors laid with material or aggregate consisting of marble chips, blue stone toppings, crushed slag or similar material), press cement work, cement floors (including magnesite and/or composition floors), marble mosaic paving, terrazzo and similar work texture or pebble finish work formed in cement, plaster, asbestos, vermiculite, pearlite or other expanded aggregate or patent materials, sewer and/or tunnel plastering including the rendering of manholes, pits, sumps, tanks and filter beds, lathing for plastering work scagliola and similar work, plaster, fibrous plaster, plaster glass casting and fixing, ceiling fixing, plaster board fixing and plaster board cornice manufacture and fixing, whether all of the foregoing is done by manual or mechanical means together with any of the work defined for the following specialist categories:
4.19.1 Assistant means an employee engaged in assisting or labouring and who is otherwise not classified, in 4.19., 4.19.2, 4.19.3, 4.19.4, 4.19.5.
4.19.2 Caster means an employee employed in any or all of the following duties: The cleaning and greasing of benches and moulds, the gauging of plaster, plastic or cement, the bedding of fibre and all reinforcements, ruling and trowelling of casts, used for the purpose of making and/or casting fibrous plaster, plaster glass, plastic or pressed cement work.
4.19.3 Fixer means an employee employed on the work of fixing or finishing of fibrous plaster, plaster glass or similar material, gypsum plasterboard, and other composite boards when flush joined or plaster products and includes the spraying by manual or mechanical means of light-weight aggregates when used for decorative and fire prevention purposes. Fixing of acoustic tiles, in-fill panels and cornices of an earth base including all necessary suspensions and fixings.
4.19.4 Floor layer specialist means an employee employed on the work of the top-dressing on concrete work, whether finished in cement, terrazzo, marble, granolithic, bitumen, magnesite, and similar substances by manual or mechanical means and all such concrete work incidental to the preparation and laying of such floors steps or risers.
4.19.5 Shophand means an employee who performs any or all of the following duties: The interpretation of plans and detailing of any work from them in the preparation of work for the modeller, the making of all plaster or cement piece moulds, wax moulds, fibreglass mounts, or moulds of any description used for the purpose of making and/or casting fibrous plaster, plaster glass, plaster, plastic, fibreglass, or pressed cement work.
4.20 Refractory bricklayer means a bricklayer skilled in the performance of the work required in the laying of refractory brickwork, the use of pliable, castable, ramable, moulding and insulating materials and the use of tools and machines necessary for the carrying out of this work with refractory materials, including the use of hand held nozzle or gunite type of appliance other than by cement gun or shotcreter, in the construction or alteration of repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar structures and instruments used in refractory work, together with refractory work associated with acid stills, acid furnaces, acid towers and all other acid resisting brickwork.
4.21 Refractory bricklayers assistant means an employee wholly or substantially assisting a Refractory bricklayer (as defined).
4.22 Roof tiler, slater, shingler, ridger or roof fixer
4.22.1 means an employee of the trade or calling of tiling roofs or fixing roofing sheets of asbestos, fibro, fibrolite or cement mixtures and accessories, sisal Kraft, pabcotile and all accessories made of the same materials and which, without limiting the meaning of the above shall include: terracotta, glazed, semi-glazed roofing tiles, cement tiles, slates, fibro slates, tiles, asbestos, fibrolite, fibro, fibrous mixtures, cement and any mixtures that may replace or be used in conjunction with the foregoing or any materials incidental thereto or in place thereof, and work incidental to the above work including battening for tiles, tying, nailing or carrying tiles, etc, and the laying and/or pointing of ridges and barges.
4.22.2 this definition shall not extend to fixing or applying to, or in connection with roofs, malthoid and all bituminous roofing materials and all accessories.
4.23 Scaffolder
4.23.1 means a person engaged substantially in the erecting or altering or dismantling of any structure or framework used or intended to be used in building operations:
(a) to support workers or material; or
(b) to support framework; or
(c) as a temporary support for members or parts of a building.
Where such structure or frame work is composed of standards and/or ledgers and/or padlocks or any combination of these components normally used in scaffolding work.
4.23.2 Nothing in this definition shall extend to:
(a) any scaffolding used or intended to be used to support workers or materials which is not intended to be erected to a height over five metres; or
(b) any work relating to formwork which consists solely of the tying together of occasional pieces of scaffolding tube to acrow or similar type props; or
(c) any work which consists of a structure or framework composed solely of timber.
4.24 Signwriter means an employee who in addition to having a knowledge of painting, staining and varnishing, does any of the following work:
4.24.1 signwriting, designing and/or lettering of price tickets and show cards;
4.24.2 pictorial and scenic paintings, or production of signs and posters by means of stencils screens or like methods or any other work incidental thereto including cut-out displays of all descriptions, pictorial scenic or lettering;
4.24.3 and without limiting the generality of the foregoing shall include:
(a) lettering of every description, size or shape applied by brush on any surface or material which, without limiting its meaning shall include stone, wood, iron, metal, brick, cement, glass (plain or fancy), canvas, paper, calico, sheeting, bunting, silk, satin, wire blinds;
(b) designing for windows, posters, show window and theatre displays, honour rolls, illuminated addresses, neon signs, stencils, display banners.
(c) gilding, i.e. the application of gold, silver, aluminium or any metal leaf to any surface;
(d) designing and laying out of cut-out displays of all descriptions, either pictorial, scenic or lettering;
(e) screen process work, i.e. the designing, setting up and the operation for duplication of signs on any material, whether on paper, fabric, metal, wood, glass
or any similar material.
4.24.4 Without limiting the general meaning, signwriting work shall include the making of stencils and stencilling by screens or any other method and the making and/or fixing of transfers.
4.25 Special class tradesperson
4.25.1 means a tradesperson carpenter and/or joiner, bricklayer, plasterer or stonemason who is engaged on work or restoration, renovation, preservation or reconstruction of historical or National Trust type buildings, the performance of which requires the use of complex, high quality trade skills and experience which are not generally exercised in normal construction work.
4.25.2 For the purpose of this definition complex and high quality trade skills and experience shall be deemed to be acquired by the tradesperson:
(a) having had not less than twelve months on-the-job experience of such skilled work; and
(b) having, by satisfactory completion of a prescribed post trade course, or other approved course, or the achievement of knowledge and competency by other means, including the on-the-job experience in 4.25.2(a) hereof, as will enable the tradesperson to perform such work unsupervised where necessary and practical, to the required standard of skilful execution.
4.25.3 For the purpose of this definition the following are deemed to be prescribed post trade courses and recognised throughout the locality of this award:
Building Certificate Course - New South Wales.
4.25.4 Provided that nothing in this subclause shall prevent the parties proceeding to have the matter determined in accordance with clause 11 - Disputes resolution procedure of this award.
4.26 Stonemasonry
4.26.1 Carver means an employee on construction work (as defined) who carves any kind of stonework, which does not come within the definition of stonemason in clause 4.26.7 of this award for the decoration of buildings or other stonework from a model or freehand design.
4.26.2 A dimension stone quarry means any place from which stone to a stated size is excavated, but shall not include a place where stone is excavated for the purpose of being used as ballast filling or random rubble, nor does it include the excavation of basements or the excavation of the foundations of buildings.
4.26.3 Floor layer means an employee who lays floors in terrazzo or similar composition in which marble, slate, or similar stones are used in the making thereof, and shall include persons casting or laying down precast work, but shall not include persons assisting or labouring in the operation.
4.26.4 Letter cutter means an employee on construction work (as defined) who marks out, cuts or finishes letters in any kind of stone or artificial or reconstituted stone.
4.26.5 Machinist means an employee on construction work (as defined) who operates a machine for the sawing, gritting, dressing, facing or polishing of all kinds of stone, composition or reconstituted stone, terrazzo or similar compositions.
4.26.6 A quarry worker means an employee engaged in a dimension stone quarry and who in the course of this work performs toe-grooving, block lifting, scabbling or cutting stones to size by the use of hammers, picks, gads, wedges and/or machines.
4.26.7 Stonemason
(a) means an employee on construction work (as defined) engaged in the dressing, setting, fixing, coping, drilling or boxing up of any kind of stone, including terrazzo, composition or other reconstituted stone, by hand or machine, that has to be cut to a mould or template, or which has to be proven by a square or straight edge or set to a line or level, and includes a worker who fixes manufactured stone to the facade of a building or the building of stone veneer in random or ashlar; the restoration and colouration of decayed stone including the preparation and use of materials or liquids of any sort necessary for such work.
(b) The dressing and/or setting of all kinds of masonry shall be regarded as masons work, but if no mason be immediately available, a competent tradesperson may set plain sills, steps, templates, windows or door heads.
4.26.8 Stonemasons assistant means a person employed in the industry assisting or labouring and who otherwise is not classified in 4.26.
4.26.9 Stoneworker means a worker who does all or any of the following classes of work, whether hammer dressed or sawn:
(a) Foundation work;
(b) Building random rubble uncoursed or building squared rubbled in courses or regular coursed rubble and dressing quoins or shoddies in connection with any such work;
But this definition shall not itself be taken to prejudice or affect the right of any other classes of tradesperson to do any class or kind of work they have hitherto been accustomed to do.
4.27 Tile layer means, without limiting the meaning of the word tile layers, persons employed in the laying or fixing of tiles, faience, mosaic, ceramic, opalite, and the like not exceeding in measurement 930 square centimetres when such opalite and the like is fixed with cement composition.
4.27.1 Aggregate means the material forming the bulk or mass of a mixture.
4.27.2 Architrave means the moulding at the top and sides of a door or a window opening.
4.27.3 Dado means the lower part of a wall.
4.27.4 Encaustic tile means an inlaid tile of two or more colours.
4.27.5 Faience means glazed terracotta.
4.27.6 Grout means the liquid for filling joints.
4.27.7 Matrix, means that in which the aggregate is bedded.
4.27.8 Nosing means a round edge tile.
4.27.9 Rendering means a coating of mortar.
4.27.10 Reveal means the return into a window or a door jamb.
4.27.11 Rise means the height of a step; the height of an arch from the springing line to the crown.
4.27.12 Scratch coat means a coating of mortar well scratched to give a good key.
4.27.13 Ceramic means an article made of baked clay. In the tile trade the word is used to designate a tile made of compressed clay and silica which is rather glassy or vitreous in nature and will not absorb water.
4.27.14 Chipping off means cutting away mortar or concrete, with a sharp edge tool, such as a hammer or chisel.
4.27.15 Mortar means a combination of sand, cement, either fireclay or lime, and water.
4.27.16 Mosaic means small bits of tile, stone, glass etc, which form a surface designed of intricate pattern. Often laid over mortar or metal.
4.27.17 Pointing means filling joints with mortar or repairing holes. (see tuck pointing).
4.27.18 Quarry means tiles which are large and thick similar to slabs of stone cut in a quarry. These are vitreous tiles and require no soaking.
4.27.19 Riser means the upright portion of a stair step which supports the front of the tread. The part which keeps the toe from getting under the tread.
4.27.20 Screed means a strip of wood, often two inches by four inches, set down a guide for attaining a level surface of concrete. In the tile trade it refers to a piece of wood used as a straight edge.
4.27.21 Terrazzo means a type of floor or wall finish obtained by imbedding small sized pebbles or crushed rock in concrete and grinding and polishing the surface to a smooth finish.
4.27.22 Tuck pointing means filling in crevices, as with mortar, mastics, etc.
4.27.23 Unglazed means without a glaze referring to pressed and baked tiles, with a smooth earthy surface.
4.27.24 Vitreous means glassy in texture and containing sand which has been melted. Vitreous tiles will not absorb water.
4.27.25 Sill means the bottom part of a window opening.
4.27.26 Skirting means the lowest part of a wall.
4.27.27 Soffit means the top of a window or door opening.
4.27.28 String course means a course of tiles running parallel to the step nosing in a staircase.
4.27.29 Terracotta means a kind of hard pottery, mostly used for facing buildings.
4.27.30 Tread means the top of a step, exclusive of the nosing.
4.28 Union shall mean the Construction, Forestry, Mining and Energy Union, Construction & General Division (New South Wales Branch).
4.29 Continuous Service - For the purposes of this award service shall be deemed to be continuous notwithstanding an employee's absence from work for any of the following reasons:
4.29.1 annual leave, other leave (in accordance with clause 33 of this award) or parental leave;
4.29.2 illness or accident up to a maximum of four weeks after the expiration of paid sick leave;
4.29.3 jury service;
4.29.4 injury received during the course of employment and up to a maximum of 26 weeks for which the employee received worker's compensation;
4.29.5 where called up for military service for up to three months in any qualifying period;
4.29.6 long service leave;
4.29.7 any reason satisfactory to the employer or in the event of a dispute, as determined in accordance with the dispute resolution procedures. Provided that the reason shall not be deemed satisfactory unless the employee has informed the employer within 24 hours of the time when the employee was due to attend for work, or as soon as practicable thereafter, of the reason for the absence and probable duration.
