AN120089 – Building and Construction Industry (State) Award
6. AREA, INCIDENCE AND DURATION
6.1 This award rescinds and replaces the following awards:
(a) the Building Tradesmen (State) Construction Award published 16 July 1975 and reprinted 23 May 1984 (233 I.G. 1371) and all variations thereof;
(b) the Building Tradesmen (State) Construction 1996 Wages Adjustment Award published 18 April 1997 (297 I.G. 990) and all variations thereof;
(c) the Building and Construction Industry Labourers On Site (State) Award published 27 May 1987 and reprinted 29 November 1991 (266 I.G. 204) and all variations thereof;
(d) the Building and Construction Industry Labourers On Site 1992 Expense Related Allowances (State) Award published 29 September 1995 (288 I.G. 347), and all variations thereof; and
(e) the Building and Construction Industry Labourers On Site 1996 Wages Adjustment (State) Award published 18 April 1997 (297 I.G. 1109), and all variations thereof.
6.2 Unless otherwise expressly stipulated by this award or specified in any subsequent variation thereof, no employee shall be reduced in status or position nor have his rate of remuneration reduced or any of his conditions of employment adversely affected merely as a consequence of the making of this award.
6.3 Subject to the exceptions and modifications contained in this award, this Award applies in the State of New South Wales and only in respect of the employment of persons eligible to be members of the unions to the employment of:
(a) persons engaged on construction work of the classifications contained in this award;
(b) painters and signwriters employed in a painting or signwriting shop by an employer whose principal business is in the building and construction industry who in addition to carrying out on-site construction work also operates a painting and/or signwriting shop; and
(c) as builders' labourers about any building or assisting any bricklayer, mason, plasterer, carpenter, plumber, or any tradesperson engaged on building operations or employed on any making or contracting job in wood, stone, brick, concrete, iron or steel or combination of those or other materials incidental to building construction, repair, demolition or removal of buildings or as a scaffolder, rigger, gantry hand and crane hand, dogger , powder monkey, pile driver, jack hammer-person , winch or hoist driver, tackle hand, mixer driver, operator of motorised dump barrows, monorail skips, vibrators for packing concrete, on any building site and any labourer assisting a tradesperson on building sites in placing pre-stressed or pre-cast concrete components, or in placing curtain walling or in work in connection with the lift slab method of erection and any labourer on building sites erecting steel formwork or support thereto, any labourer excavating ground for foundations and basements of building or levelling ground on the site of and within the alignment of the actual building to be erected or doing concrete work, or mortar or concrete mixing in connection with or incidental to the foregoing operations and including all builders' labourers employed as such in connection with all work of the Building Industry performed on the site thereof.
Provided that this award shall not apply to any builder's labourer employed solely assisting any plumber, or employed by a plumbing Contractor on plumbing work.
It shall not apply to employment by an employer in any industry where work performed by the employee is subsidiary or auxiliary to the chief and principal purposes and business of such industry.
6.4 Provided that this award shall not apply to the following:
(a) The making of implements of agriculture.
(b) The work of ship carpenters or ship joiners or of seagoing carpenters on articles or ship painters or ship signwriters or ship grainers or ship gilders.
(c) Employees classified in this award who are employed by a mixed enterprise in a maintenance and/or ancillary capacity.
(d) Employees working in the County of Yancowinna.
(e) Employees whose rates of pay and conditions of employment are regulated by the Crown Employees (Skilled Tradesmen) Award or any award replacing same.
(f) Employees of an employer who is respondent to the National Building and Construction Industry Award, 2000;
(g) Employees of Public Hospitals in New South Wales.
6.5 The award shall take effect from the beginning of the first pay period on or after 15 March 2001 and shall remain in force for a period of 24 months.
6.6 The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 26 May 2004.
This award remains in force until varied or rescinded, the period for which it was made already having expired.
