AN120089 – Building and Construction Industry (State) Award

PART 5 - WAGES AND RELATED MATTERS 

18. CLASSIFICATIONS AND WAGE RATES

18.1 Wage Rates - Tradespersons and Labourers

(a) Wage Rates - New Classification Structure

Subject to subclause (c) of this clause, the following amounts shall be applied where appropriate for the purposes of the calculation of the hourly rate under 18.3 of this award.

Classification	Weekly Rate	Relativity
	$	%
Construction Worker Level 8 (CW8)	682.60	125
Construction Worker Level 7 (CW7)	659.70	120
Construction Worker Level 6 (CW6)	638.90	115
Construction Worker Level 5 (CW5)	620.00	110
Construction Worker Level 4 (CW4)	599.20	105
Construction Worker Level 3 (CW3)	578.30	100
Construction Worker Level 2 (CW2)	559.60	96
Construction Worker Level 1 (CW1(d))	546.20	92.4
Construction Worker Level 1 (CW1(c))	534.60	90
Construction Worker Level 1 (CW1(b))	526.20	88
Construction Worker Level 1 (CW1(a))	513.70	85
Old Wage Group	New Wage Group	Hourly Rate
	$	$
Carpenter Diver	CW8	25.15
Foreperson (as defined)	CW8	22.05
Sub Foreperson	CW7	20.84
Carver	CW5	18.26
Special Class Tradesperson (Carpenter and/or Joiner, Stonemason)	CW5	18.26
Special Class Tradesperson (Plasterer)	CW5	18.15
Special Class Tradesperson (Bricklayer)	CW5	18.07
Marker or Setter Out (Artificial Stoneworker, Stonemason, Bridge and Wharf Carpenter, Carpenter and/or Joiner, Marble and Slateworker)	CW4	17.69
Marker or Setter Out (Caster, Fixer, Floorlayer Specialist, Plasterer )	CW4	17.58
Marker or Setter Out (Bricklayer, Tilelayer, Hard Floor Coverer)	CW4	17.51
Marker or Setter Out (Roof Tiler, Slate Ridger or Roof Fixer)	CW4	17.39
Marker or Setter Out (Painter)	CW4	17.21
Letter Cutter	CW4	17.69
Signwriter	CW4	17.21
Artificial Stoneworker, Carpenter and/or Joiner, Bridge and Wharf Carpenter, Marble and Slate Worker, Stonemason,	CW3	17.13
Caster, Fixer, Floorlayer Specialist, Plasterer	CW3	17.01
Bricklayer, Tilelayer	CW3	16.94
Roof Tiler, Slate Ridger, Roof Fixer	CW3	16.82
Painter,	CW3	16.65
Shophand	CW3	16.49
Quarryworker	CW3	16.49
Labourer (1) - Rigger, Dogger	CW3	16.49
Machinist	CW3	16.49
Labourer (2) - Scaffolder (as defined), Powder Monkey, Hoist or Winch Driver, Foundation Shaftsworker (as defined), Steel Fixer including Tack Welder, Concrete Finisher (as defined)	CW2	15.99
Labourer (3) - Trades labourer, Jack Hammerman, Mixer Driver (concrete), Gantry Hand or Crane Hand, Crane Chaser, Cement Gun Operator, Concrete Cutting or Drilling Machine Operator, Concrete Gang including Concrete Floater (as defined), Roof Layer (malthoid or similar material), Dump Cart Operator, Concrete Formwork stripper, Mobile Concrete Pump Hoseman or Line Hand	CW1(d)	15.62
Plasterers Assistant	CW1(d)	15.62
Terrazzo Assistant	CW1(d)	15.62
Labourer (4) - Builders Labourer other than as specified herein)	CW1(c)	15.31

(b) All wages shall be paid on a weekly basis provided that is shall be an implied term in any contract that an employer shall be at liberty to deduct from the weekly wage of an employee an amount proportionate to the time lost by an employee arriving late for work

(c) Wage Rates - Guide to Translated Classifications and Transitional Arrangements

(i) The following provisions shall apply employees of an employer at the time of the introduction of the New Classification Structure, and to any new employees engaged during the phase-in of the new classification structure.

(ii) An employer shall classify existing employees in accordance with the following table. That is, an employee employed by an employer at the time of the introduction of the new classification structure shall have their new classification and corresponding hourly rate determined in accordance with the table.

(iii) Employees engaged by an employer after the introduction of the new classification structure shall be classified in accordance with the relevant provisions of clause 19. The hourly rates in the table below shall apply during the phase-in of the new classification structure.

(iv) The following hourly rates have been calculated in accordance with 18.3 of this award. These rates include industry allowance, the relevant tool allowance (where applicable) foreperson and sub-foreperson allowance, carpenter-diver allowance, special allowance and the follow-the-job loading. The parties shall review the hourly rates as the weekly rates in subclause (a) of this clause are adjusted.

Old Wage Group	New Wage Group	2nd instalment at time of SWC increase inclusive of tool allowance increase operative 11/09/04	Hourly Rate on completion of phase- in* (11/12/04)
	$	$	$
Carpenter Diver	CW8	24.53	24.53
Foreperson (as defined)	CW8	21.50	21.50
Sub Foreperson	CW7	20.31	20.31
Carver	CW5	17.76	17.76
Special Class Tradesperson (Carpenter and/or Joiner, Stonemason)	CW5	17.56	17.76
Special Class Tradesperson (Plasterer)	CW5	17.46	17.66
Special Class Tradesperson (Bricklayer)	CW5	17.38	17.58
Marker or Setter Out (Artificial Stoneworker, Stonemason, Bridge and Wharf Carpenter, Carpenter and/or Joiner, Marble and Slateworker)	CW4	17.20	17.20
Marker or Setter Out (Caster, Fixer, Floorlayer Specialist, Plasterer )	CW4	17.09	17.09
Marker or Setter Out (Bricklayer, Tilelayer, Hard Floor Coverer)	CW4	17.02	17.02
Marker or Setter Out (Roof Tiler, Slate Ridger or Roof Fixer)	CW4	16.90	16.90
Marker or Setter Out (Painter)	CW4	16.73	16.73
Letter Cutter	CW4	17.20	17.20
Signwriter	CW4	16.73	16.73
Artificial Stoneworker, Carpenter and/or Joiner, Bridge and Wharf Carpenter, Marble and Slate Worker, Stonemason,	CW3	16.63	16.63
Caster, Fixer, Floorlayer Specialist, Plasterer	CW3	16.52	16.52
Bricklayer, Tilelayer	CW3	16.45	16.45
Roof Tiler, Slate Ridger, Roof Fixer	CW3	16.34	16.34
Painter	CW3	16.16	16.16
Shophand	CW3	16.02	16.02
Quarryworker	CW3	16.02	16.02
Labourer (1) - Rigger, Dogger	CW3	16.02	16.02
Machinist	CW3	15.85	16.02
Labourer (2) - Scaffolder (as defined), Powder Monkey, Hoist or Winch Driver, Foundation Shaftsworker (as defined), Steel Fixer including Tack Welder, Concrete Finisher (as defined)	CW2	15.51	15.51
Labourer (3) - Trades labourer, Jack Hammerman, Mixer Driver (concrete), Gantry Hand or Crane Hand, Crane Chaser, Cement Gun Operator, Concrete Cutting or Drilling Machine Operator, Concrete Gang including Concrete Floater (as defined), Roof Layer (malthoid or similar material), Dump Cart Operator, Concrete Formwork stripper, Mobile Concrete Pump Hoseman or Line Hand	CW1(d)	15.14	15.14
Plasterers Assistant	CW1(d)	15.14	15.14
Terrazzo Assistant	CW1(d)	15.14	15.14
Labourer (4) - Builders Labourer other than as specified herein)	CW1(c)	14.68	14.83

(d) Supplementary payments as set out in this clause represent payments in lieu of equivalent overaward payments.

(e) Overaward payment means the amount in rates of pay which an employee would receive in excess of the minimum award wage (i.e. base rate, arbitrated safety net and supplementary payment) as prescribed in this award for the classification in which such employee is engaged. Provided that this definition shall exclude overtime, shift allowances, penalty rates, expense related allowances, industry allowances, tool allowances, disability allowances, location allowances, special rates or allowances, responsibility allowances and any other ancillary payments of a like nature prescribed by this award.

(f) The rates of pay in this award include the adjustments payable under State Wage Case 2005. These adjustments may be offset against:

(i) any equivalent overaward payments and/or

(ii) award wage increases since 29 May, 1991 other than Safety Net, State Wage Case and minimum rates adjustments

18.1.2 Wage Rates - Apprentices

18.1.2.1 Carpenters, Joiners, Bricklayers, Painters, etc., Plasterers, etc., Roof Tilers, Fibrous Plasterer, Plasterboard Fixer, Stonemasons, Tilelayers, Floorlaying.

(i) Indentured Apprentice - The minimum rates of wages for four-year apprentices shall be as follows:

	Base Rate Per Week	Industry Allowance Per Week	Special Allowance Per Week	Total Per Week
	$	$	$	$
1st year	192.20	21.70	17.10	231.00
2nd year	280.70	21.70	25.30	327.70
3rd year	371.90	21.70	32.50	426.10
4th year	435.70	21.70	38.70	496.10

(ii) Trainee Apprentice

	Base Rate Per Week	Industry Allowance Per Week	Special Allowance Per Week	Total Per Week
	$	$	$	$
1st year	215.80	21.70	18.40	255.90
2nd year	315.40	21.70	27.80	364.90
3rd year	409.10	21.70	35.30	466.10
4th year	459.50	21.70	40.10	521.30

18.1.2.2 Civil Engineering Construction Carpenters:

	Base Rate Per Week	Industry Allowance Per Week	Special Allowance Per Week	Total Per Week
	$	$	$	$
1st year	234.10	21.70	20.00	275.80
2nd year	333.80	21.70	28.10	383.60
3rd year	413.90	21.70	35.30	470.90
4th year	490.10	21.70	41.40	553.20

18.1.2.3 Pilot Three Year Bricklayers Course

(a) These rates apply to apprentices who are engaged through the Master Builders Association of New South Wales and the Housing Industry Group Apprenticeship Schemes and who are enrolled or to be enrolled in the pilot three year Technical and Further Education course.

(b) These rates shall also apply whilst the apprentice is attending college in the following fashion:

Year I - First 8 weeks - full time at 35 hours per week 28 weeks - 1 day per week

Year II - 36 weeks - 1 day per week

(c) The above provisions relating to the pilot bricklayers course, the course itself, and the rates herein prescribed shall only apply to employed apprentices.

(d) Leave is reserved in relation to the payment applicable during attendance at college for the advanced modules (30 weeks - 1 day per week, i.e. 6 x 40 hour modules) for those apprentices who have successfully completed the requirements of year II.

(i) Indentured Apprentices:

The minimum rate of wages for three year apprentice bricklayers shall be as follows:

	Base Rate Per Week	Industry Allowance Per Week	Special Allowance Per Week	Total Per Week
	$	$	$	$
1st year
1st six months	188.00	21.70	16.80	226.50
2nd six months	273.60	21.70	24.80	320.10
2nd year	362.60	21.70	31.90	416.20
3rd year	425.30	21.70	37.90	484.90

(ii) Trainee Apprentices:

The minimum rate of wages for three year apprentice bricklayers shall be as follows:

	Base Rate Per Week	Industry Allowance Per Week	Special Allowance Per Week	Total Per Week
	$	$	$	$
1st year
1st six months	204.90	21.70	18.00	244.60
2nd six months	298.70	21.70	27.30	347.70
2nd year	387.70	21.70	34.60	444.00
3rd year	435.30	21.70	39.30	496.30

18.1.2.4 Pre-apprenticeship credits

(1) Bricklaying, Carpentry and Joinery

(a) Any person under 21 years of age entering the trade of bricklaying who has successfully completed the pre-apprenticeship course of 18 weeks' duration conducted by the Department of Technical and Further Education shall serve a three-year period of apprenticeship and the wage shall commence at the second year rate of pay and shall continue for a period of twelve months, at which time the apprentice shall be progressed to the third year rate.

(b) Any person under 21 years of age entering the trade of bricklaying or carpentry and joinery who have successfully completed the pre- apprenticeship course in either of those trades of 36 weeks' duration conducted by the Department of Technical and Further Education shall serve a 33-months period of apprenticeship and the wage shall commence at the second year rate and continue for a period of nine months, at which time the apprentice shall be progressed to the third year rate.

(c) Any person under 21 years of age entering the trade of carpentry and joinery who has successfully completed the pre-apprenticeship course in that trade of 54 weeks' duration conducted by the Department of Technical and Further Education shall serve a 30- month period of apprenticeship, commencing at the second year rate and progressing to the third year rate after 6 months.

(d) A person who is regarded by the Department of Technical and Further Education as not having completed all of the requirements of a pre-apprenticeship course but as having successfully completed the equivalent of at least one stage of the trade course shall be entitled to have his/her period of apprenticeship shortened by six months, provided that the application is supported by a statement from the Department of Technical and Further Education that the student is regarded as having successfully completed that stage and as a consequence is entitled to proceed to stage two of the trade course.

For the purposes of determining wages payable under the scale of rates fixed for a four-year term, the credit to which an apprentice is entitled, subject to this subclause, shall be counted as part of the apprenticeship term completed.

(2) Painting, decorating and Signwriting

(a) Any person under the age of 21 years entering the trade of Painting and Decorating, Painting, Decorating and Signwriting or Signwriting, who has successfully completed the pre-employment course Stage 1 conducted by the Department of Technical and Further Education, shall serve a three-year apprenticeship and the wage shall commence at the second year rate.

(b) Any person under 21 years of age entering the trade of Painting and Decorating, Painting, Decorating and Signwriters or Signwriting, who has completed the pre-apprenticeship course Stages I and II conducted by the Department of Technical and Further Education shall serve a two and one-half year period of apprenticeship and the wage shall commence at the second year rate for a period of six months, at which time the apprentice shall be progressed to the third year rate.

(3) Tile laying

(a) Any person under 21 years of age entering the trade of tile laying who has successfully completed the pre-apprenticeship course of 18 weeks' duration conducted by the Department of Technical and Further Education shall serve a 3-year period of apprenticeship and the wage shall commence at the second year rate.

(b) Any person under 21 years of age entering the trade of tile laying who has successfully completed the pre-apprenticeship course of 36 weeks' duration conducted by the Department of Technical and Further Education shall serve a two and a half year period of apprenticeship commencing at the 2nd year rate and continuing for a period of six months, at which time the apprentice shall be progressed to the 3rd year rate.

(c) A person who is regarded by the Department of Technical and Further Education as not having completed all of the requirements of a pre-apprenticeship course but as having successfully completed the equivalent of at least one stage of the trade course shall be entitled to have his/her period of apprenticeship shortened by six months, provided that the application is supported by a statement from the Department of Technical and Further Education that the student is regarded as having successfully completed that stage and as a consequence is entitled to proceed to stage two of the trade course.

18.1.3 Adult Apprentices

Definition - An adult apprentice means an employee engaged as an apprentice who at the time of apprenticeship is of or above the age of 21 years.

18.1.3.1 Carpenters, Joiners, Bricklayers, Painters, etc., Plasterers, etc., Roof Tilers, Fibrous Plasterer, Plasterboard Fixer, Stonemasons, Tilelayers, Floorlaying

(i) Indentured Apprentices:

	Base Rate Per Week	Industry Allowance Per Week	Special Allowance Per Week	Total Per Week
	$	$	$	$
1st year	318.60	21.70	17.10	357.40
2nd year	318.60	21.70	25.30	365.60
3rd year	376.60	21.70	32.50	430.80
4th year	438.60	21.70	38.70	499.00

(ii) Trainee Apprentices:

	Base Rate Per Week	Industry Allowance Per Week	Special Allowance Per Week	Total Per Week
	$	$	$	$
1st year	318.60	21.70	18.40	358.70
2nd year	321.30	21.70	27.80	370.80
3rd year	413.20	21.70	35.30	470.20
4th year	461.90	21.70	40.10	523.70

18.1.3.2 Civil Engineering Construction Carpenters - for adult apprentices the minimum rates shall be as follows:

	Base Rate Per Week	Industry Allowance Per Week	Special Allowance Per Week	Total Per Week
	$	$	$	$
1st year	318.60	21.70	20.00	360.30
2nd year	337.80	21.70	28.10	387.60
3rd year	417.90	21.70	35.30	474.90
4th year	491.50	21.70	41.40	554.60

18.2 Special allowance

(a) Tradespersons and Labourers shall be paid a special allowance of $7.70 to compensate for the following matters:

(i) The non-incidence of overaward payments in the building industry.

(ii) Excess travelling time incurred by employees in the Building Industry.

(iii) The removal of loadings from various Building awards consequent upon the introduction of this award in the industry.

(b) The apprentice rates of pay in clauses 18.1.2 & 18.1.3 include a special allowance. The special allowance is to compensate for the following matters.

(i) The non-incidence of overaward payments in the building industry.

(ii) Excess travelling time incurred by employees in the building industry.

(iii) The removal of loadings from this award consequent upon the introduction of paid rates awards in the industry.

18.3 Hourly rate calculation - Follow the Job Loading

The calculation of the hourly rate for employees other than apprentices shall take into account a factor of eight days in respect of the incidence of loss of wages for periods of unemployment between jobs.

For this purpose the hourly rate, calculated to the nearest cent (less than half a cent to be disregarded) shall be calculated by multiplying the sum of the appropriate amounts prescribed in Clauses 18.1.1(a) - Weekly Rates, Clause 24.1 - Industry Allowance, Clause 24.2 - Underground Allowance (where applicable), Clause 24.3 - Tool Allowance (where applicable) and clause 18.7 - Foreperson and Sub foreperson Allowance, of this award by fifty-two over fifty point four, rounded to the nearest cent, adding to that subtotal the amount prescribed in 18.2 - Special Allowance herein and dividing the total by thirty-eight, provided that in the case of a carpenter/diver, the divisor shall be thirty-one.

18.4 Leading hands

18.4.1 A person specifically appointed to be a leading hand (as defined) shall be paid at the rate of the undermentioned hourly amounts above the hourly rates of the highest classification supervised, or the employees own rate, whichever is the highest in accordance with the number of persons in the employees charge.
 

Item No.	Description	Weekly Base	Amount per hour
		$	$
(i)	In charge of not more than 1 person	13.90	0.38
(ii)	In charge of 2 and not more than5 persons	30.60	0.83
(iii)	In charge of 6 and not more than10 persons	39.00	1.06
(iv)	In charge of more than 10 persons	52.00	1.41

18.4.2 The hourly rate prescribed herein is calculated to the nearest cent, less than half a cent to be disregarded, by multiplying the weekly base amount by 52 over fifty point four (52/50.4) and dividing by 38 and the said amount shall apply for all purposes of this award (provided that in the case of a carpenter-diver the divisor shall be 31). The conditions to the payment of the base rate set out in 18.1 hereof shall apply, the necessary changes being made, to payments under this subclause.

18.5 Carpenter - Diver allowance

Employees undertaking work normally performed by a carpenter-diver shall be paid 69 cents per hour in addition to the amount prescribed by clause 18.3 which shall be regarded as part of the wage rates for all purposes of the award

18.6 Differential for re-paint work

The hourly rate for painters on re-paint work shall be calculated at five cents per hour less than the hourly rate prescribed in 18.3 hereof for painters on other than re-paint work.

18.7 Foreperson and Sub-Foreperson Allowances

A Bridge and Wharf carpenter engaged or employed as a foreperson or sub-foreperson upon civil engineering construction projects in the supervision of maintenance, demolition, or removal of such work.
 

Classification	Per Week
	$
Foreperson (as defined)	77.10
Sub-Foreperson	55.50

18.8 Refractory work

18.8.1 Application

This subclause shall apply to employers with respect to employees engaged in the construction, alteration or repairs to:

(a) Boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work;

(b) Acid furnaces, acid stills, acid towers and all other acid resisting brickwork.

18.8.2 Refractory bricklaying allowance

A special allowance to compensate for disabilities associated with the work of refractory bricklaying shall be paid as follows:

Classification	Per hour
	$
Refractory Bricklayer	1.51
Refractory Bricklayers Assistant	1.30

This allowance shall be paid in lieu of all special rates prescribed in clause 25 of this award except 25.2 Hot Work and 25.3 Cold Work, and shall be regarded as part of the wage for all purposes of the award.

18.8.3 Apprentices

An apprentice refractory bricklayer shall be paid the bricklayers apprenticeship wage rate prescribed in 18.1.2 if a junior apprentice or 18.1.3 if an adult apprentice and the Refractory Bricklayers allowance prescribed by 18.8.2 hereof.