AN120089 – Building and Construction Industry (State) Award

AN120089 – Building and Construction Industry (State) Award

19. AWARD RESTRUCTURING IN THE BUILDING AND CONSTRUCTION INDUSTRY

19.1 Guidelines for implementation

19.1.1 Clause 18.1 of the National Building and Construction Industry Award 2000 contains a new classification structure consistent with the August 1989 National Wage Case decision (Print H9100). That new classification structure implements the decisions of the Australian Industrial Relations Commission in Prints K3850, K7300, L2207, L8499, PR912836 and PR921120 of the Australian Industrial Relations Commission. The new classification structure has been inserted into this Award as a result of the provisions of clause 8 of this Award.

19.1.2 The new classification structure in 18.1 shall be read in conjunction with this clause.

19.1.3 No existing employees rate of pay shall be reduced as a result of the introduction of the new classification structure.

19.1.4 Any increase in an employees rate of pay arising from minimum rates adjustments may be absorbed into existing over award payments (within the meaning of the Commissions Principles).

19.1.5 Wherever possible, consultative committees comprising equal numbers of employee and employer representatives shall be established. Matters raised for consideration of the consultative committee shall be related to implementation of the new classification structure, the facilitative provisions contained in this award and matters concerning training.

19.2 Definition of key concepts and terms

19.2.1 Australian qualifications framework or AQF refers to the system of competency based training and certification.

19.2.2 Civil Construction Stream includes all related skills involved in earthmoving and associated activity and does not extend beyond the scope of this award.

19.2.3 Fields of work means a defined grouping of logically related skills based on an efficient organisation of work.

19.2.4 General Construction Stream includes all fields of work principally concerned with the erection of new structures or buildings (including demolition and pre- construction) and fit out and finishing activities relating to newly constructed or existing buildings or structures, and does not extend beyond the scope of this award.

19.2.5 Industry accredited course or nationally accredited course is a course which has been constructed to reflect a group of standards which the CTA has endorsed as being appropriate combinations of skills to be available to the industry.

19.2.6 CTA means Construction Training Australia. CTA shall be the recognised authority (for the purposes of this subclause) responsible for developing competency standards for consideration and endorsement by the National Training Board/Australian National Training Authority.

19.2.7 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;

Building and Construction Industry (ACT) Award 1991, The (Print K0679 (B0171));

Building and Construction Industry (Northern Territory) Award 1996 (Print N6856 (B0035));

National Metal and Engineering (On-site) Construction Industry Award 1989 (Print H8482 (N0100));

Australian Workers Union Construction and Maintenance Award 1989 (Print J0179 (A0516));

Plumbing Trades (Southern States) Construction Award 1999 (Print R5910 (P0092));

Plumbing Industry (New South Wales) Award 1999 (Print R5904 (P0111));

Plumbing Industry (Qld and WA) Award 1999 (Print R5911 (P0090));

Sprinkler Pipe Fitters Award 1998; The (Print Q5148 (S0091));

Building Crane Drivers (State) Award.

including any federal award which was superseded by the making of these awards, or any state counterpart award covering the same industries and/or callings as the federal awards cited. If there is any doubt as to the status of an employee in this regard, the following documentation may be regarded as prima facie evidence that an employee is not a new entrant:

documentary evidence concerning registration with any of the construction industry portable long service leave schemes;

documentary evidence concerning contributions into an approved industry superannuation fund (e.g. C+BUS);

documentary evidence concerning membership of a union party to any of the above awards in the building and construction industry.

(a) The new entrant classification does not apply to persons who were employed in the building and construction industry prior to the introduction of this subclause. Existing employees are subject to the translation arrangements set out in 19.6 hereof.

(b) As the purpose of introducing the new entrant level is not to displace existing employees, but to facilitate the introduction of a career path, an employer shall not purposely "turn over" employees within the new entrant classification as an alternative to engaging employees on an ongoing basis.

Provided that nothing contained in this clause shall prevent a party from submitting a dispute about the status of an employee in this regard under the disputes procedure contained in this award.

19.2.8 Recognition of Prior Learning or RPL means the formal recognition of skill attained through on the job experience and/or training and may include formal qualifications (such as overseas qualifications), which have hitherto been unrecognised.

19.2.9 Self-directed Work Area Team or WAT means a group of employees who work as a team to plan and execute functions relevant to their employers business. Work Area Teams are generally autonomous of direct managerial supervision and perform their tasks in a way which maximises productivity and the utilisation of skills.

19.2.10 Streams or Skill streams means a broad grouping of skills related to a particular phase or aspect of production and does not extend beyond the scope of this award.

19.2.11 Supervision: This subclause recognises two levels of supervision which are as follows:

(a) General Supervision applies to a person who:

receives general instructions, usually covering only the broader technical aspects of the work; and

may be subject to progress checks but such checks are usually confined to ensuring that, in broad terms, satisfactory progress is being made; and

has their assignments reviewed on completion; and

although technically competent and well experienced there may be occasions on which the person will receive more detailed instructions.

(b) Limited Supervision applies to a person who:

receives only limited instructions normally confined to a clear statement of objectives; and

has their work usually measured in terms of the achievement of stated objectives; and

is fully competent and very experienced in a technical sense and requires little guidance in the performance of work.

19.3 Classifications and related issues

19.3.1 Classifications in the industry

(a) Construction Worker Level 1 (CW1)

Relativity to tradesperson

CW1 (a): (new entrant):

Upon commencement

85%

CW1 (b):

After three months in the industry

88%

CW1 (c):

After twelve months in the industry

90%

CW1 (d):

Upon fulfilling the substantive requirements of Construction Worker 1, as detailed below

92.4%

(i) A Construction Worker Level 1 (CW1) works under general supervision in one or more skill streams contained within this award. An employee at CW1(d) will:

have successfully completed, in accordance with RPL principles, a construction skills test equivalent to the required competency standards; or

have successfully completed a relevant structured training program equivalent to the required competency standards.

(ii) Skills and duties

An employee at CW1 level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the two main skill streams contained within this award. An employee at this level:

works from instructions and procedures;

assists in the provision of on-the-job training to a limited degree;

coordinates work in a team environment or works individually under general supervision;

is responsible for assuring the quality of their own work;

has a qualification in first aid.

(iii) Indicative of the tasks which an employee at this level may perform include the following:

uses precision measuring instruments;

basic material handling functions;

operate small plant and pneumatic machinery;

inventory and store control;

operate a range of hand tools and oxy welding equipment;

has a knowledge of the construction process and understands the sequencing of construction functions;

is able to provide first aid assistance to other employees.

(iv) The CW1 classification incorporates the following broad banded award classifications:

Builders Labourer Group 4;
Plasterer, Terrazzo or Stonemasons Assistant;
Trades Labourer;
Jackhammer person;
Gear Hand;
Assistant Rigger;
Assistant Powder Monkey;
Steel Erector;
Aluminium Alloy Structural Erector (whether prefabricated or otherwise);
Mixer Driver (concrete);
Gantry Hand or Crane Hand;
Crane Chaser;
Cement Gun Operator;
Drilling Machine Operator;
Concrete Gang, including concrete floater (as defined);
Roof Layer (Malthoid or similar material);
Dump Cart Operator;
Concrete Pump Hoseperson or Line Hand;
Concrete Formwork Stripper.

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 1(d) or 2. Where possible, an employee at Levels 1(a), 1(b) and 1(c) shall be provided with access to accredited structured training approved by CTA.

(b) Construction Worker Level 2 (CW2) - Relativity to tradesperson - 96%

(i) A Construction Worker Level 2 (CW2) works under limited supervision in one or more skill streams contained within this award. A CW2 will:

have completed in accordance with RPL principles a Construction Skills Test equivalent to the required competency standards; or

have completed relevant structured training equivalent to the required competency standards.

(ii) Skills and duties

An employee at this level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be part of a self-directed Work Area Team (WAT) and be may responsible for the supervision of one or more employees working at CW1 level.

An employee at this level:

can interpret plans and drawings relevant to their functions;

assists with the provision of on-the-job training;

assumes responsibility for allocating tasks within a Work Area Team within the area of the employees skill competence and training;

has some responsibility for the order and purchase of materials within defined parameters;

is able to sequence functions relevant to the employees Work Area Team;

applies quality control techniques to the employees own work and other employees within the Work Area Team.

(iii) Indicative of the tasks which an employee at this level may perform include the following:

calculates safe loads and stress factors;

measures accurately using specialised equipment;

non-trades maintenance of relevant plant and equipment;

anticipates and plans for constant changes to the work environment.

(iv) The CW2 classification incorporates the following broad banded award classifications:

Scaffolder (as defined);
Powder Monkey;
Hoist or Winch Driver;
Foundation Shafts worker (as defined);
Steel fixer;
Tack Welder;
Concrete Finisher.

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 3.

(i) A Construction Worker Level 3 (CW3) works individually or in a team environment in one or more skill streams contained within this award. A CW3 will:

have successfully completed a relevant trade apprenticeship or its AQF equivalent; or

have successfully completed, in accordance with RPL principles, a Construction Skills Test for this level; or

have successfully completed the required competency standards.

any one of which shall qualify the employee as a Construction Worker Level 3.

(ii) Skills and duties

An employee at this level may be responsible for the supervision of one or more employees working at CW1 or CW2 level. An employee at this level: understands and applies quality control techniques;

exercises good interpersonal and communication skills;

exercises measuring and calculation skills at a higher level than CW2;

exercises discretion within the scope of this grade;

performs work of a trades or non-trades nature which is incidental or peripheral to the employees main function and facilitates the completion of the whole task;

is able to inspect products

and/or materials for conformity with established operational standards;

assists in the provision of on-the-job training.

(iii) Indicative tasks which an employee may perform at this level include the following:

allocates functions within a Work Area Team;

production sequencing and materials handling of a level more advanced than CW2;

trade skills associated with certificated trades within the scope of this award;

has a sound understanding of the construction process.

(iv) The CW3 classification incorporates the following broad banded award classifications:

Rigger-Dogger;
Artificial Stoneworkers;
Bricklayers;
Bridge and Wharf Carpenter;
Carpenter and/or Joiner;
Caster;
Fixer;
Floor Layer Specialist;
Glazier;
Marble and Slate worker;
Painter;
Plasterer;
Quarry worker;
Roof tiler;
Slate Ridge or Roof Fixer;
Stonemason;
Roof Fixer;
Tile layer;
Hard Floor Coverer.

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 4.

(d) Construction Worker Level 4 (CW4) - Relativity to tradesperson - 105%

(i) A Construction Worker Level 4 (CW4) works in one or more skill streams contained within this award. A CW4 will:

have successfully completed the relevant structured training in addition to the requirements of CW3; or

have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee as a Construction Worker Level 4.

(ii) Skills and duties

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the two main construction skill streams contained within this award.

An employee at this level:

exercises skills attained through satisfactory completion of the training prescribed for this classification;

exercises discretion within the scope of this grade;

works under limited supervision either individually or in a team environment;

understands and implements quality control techniques;

provides guidance and assistance as part of a work team;

exercises advanced trades and non-trade skills relevant to the specific requirements of the industry or enterprise at a higher level than CW3.

(iii) Indicative tasks which an employee may perform at this level include the following:

exercises precision trade and non-trade skills using various materials and specialised techniques at a higher level than CW3;

operates, and maintains plant and machinery;

is able to plan construction sequencing.

(iv) The CW4 classification incorporates the following broad banded award classifications:

Marker-Setter Out;
Letter Cutter;
Signwriter.

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 5.

(e) Construction Worker Level 5 (CW5) - Relativity to tradesperson - 110%

(i) A Construction Worker Level 5 (CW5) works in one or more skill streams contained within this award. A CW5 will:

have successfully completed the relevant structured training in addition to the requirements of CW4; or

have successfully completed, in accordance with RPL principles, a Skills Test equivalent to the requirements;

either of which shall qualify the employee for a Construction Worker Level 5.

(ii) Skills and duties

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the two skill streams contained in this award.

An employee at this level:

exercises skills attained through satisfactory completion of the training prescribed for this classification;

exercises discretion within the scope of this grade;

provides trades guidance and assistance as part of a work team;

assists in the provision of training in conjunction with supervisors and trainers;

understand and implements quality control techniques;

works under limited supervision either individually or in a team environment.

(iii) Indicative tasks which an employee may perform at this level include the following:

exercises precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW4;

operates, and maintains complex plant and machinery;

is able to plan complex construction sequencing.

(iv) The CW5 classification incorporates the following broad banded award classifications:

Special Class Trades;
Carver;
And includes a refractory bricklayer

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 6.

(f) Construction Worker Level 6 (CW6) - Relativity to tradesperson - 115%

(i) A Construction Worker Level 6 (CW6) works in one or more skill streams contained within this award. A CW6 will:

have successfully completed the relevant structured training in addition to the requirements of CW5; or

have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee for a Construction Worker Level 6.

(ii) Skills and duties

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the skill streams contained within this award.

An employee at this level:

exercises skills attained through satisfactory completion of the training prescribed for this classification;

exercises discretion within the scope of this grade;

provides trades guidance and assistance as part of a work team;

provides training in conjunction with supervisors and trainers;

works under limited supervision either individually or in a team environment;

(iii) Indicative tasks which an employee may perform at this level include the following:

operates plant and equipment at a higher level of skill than CW5;

exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW5;

implements quality control techniques;

plans complex construction sequencing.

(iv) The CW6 classification does no incorporate any of the broad banded award classifications.

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 7.

(g) Construction Worker Level 7 (CW7) - Relativity to tradesperson - 120%

(i) A Construction Worker Level 7 (CW7) works in one or more skill streams contained within this award. A CW7 will:

have successfully completed the relevant structured training in addition to the requirements of CW6; or

have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee for a Construction Worker Level 7.

(ii) Skills and duties

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the skill streams contained within this award.

An employee at this level:

exercises skills attained through satisfactory completion of the training prescribed for this classification;

exercises discretion within the scope of this grade;

provides training in conjunction with supervisors and trainers;

understand and applies quality control techniques;

prepares complex reports;

contributes to the design of work, and the application of labour;

assists in the supervision or organisation of Work Area Teams.

(iii) Indicative tasks which an employee may perform at this level include the following:

works on plant and equipment at a higher level of skill than CW6;

exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW6;

implements quality control techniques;

plans complex construction sequencing.

(iv) The CW7 classification incorporates the following broad banded award classifications:

Sub-Foreperson

(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 8.

(h) Construction Worker Level 8 (CW8) - Relativity to tradesperson - 125%

(i) A Construction Worker Level 8 (CW8) works in one or more skill streams contained within this award. A CW8 will:

have successfully completed the relevant structured training in addition to the requirements of CW7; or

have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee for a Construction Worker Level 8.

(ii) Skills and duties

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the three skill streams contained within this award.

An employee at this level:

exercises skills attained through satisfactory completion of the training prescribed for this classification;

exercises discretion within the scope of this grade;

designs training programs in conjunction with relevant supervisors and trainers;

understand and applies quality control techniques;

prepares complex reports;

contributes to the design of work and the application of labour.

(iii) Indicative tasks which an employee may perform at this level include the following:

works on plant and equipment at a higher level of skill than CW7;

exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW7;

implements quality control programs;

plans complex construction sequencing.

(iv) The CW8 classification incorporates the following broad banded award classifications:

Carpenter-Diver

Foreperson (as defined)

19.3.2 Allocation to skill streams contained within this award

(a) Workers from Level 2 to Level 8 inclusive shall be primarily employed in either the General Construction or the Civil Construction Stream.

(b) As the purpose of streams is not to create demarcations but to facilitate appropriate combinations of training within the industry, employees shall work across streams provided that the appropriate training, where required, has been provided.

19.3.3 Classification disputes

(a) It is recognised that from time to time disputes may arise as to the proper classification of a position or job to be filled by an employee. In the event that a dispute as to the proper classification or reclassification of a position or job does arise Clause 11 - Settlement of Disputes, shall apply.

(b) In any case, in determining the appropriate classification of a position or job to be filled by an employee, an employer will pay full regard to:

the nature and skill requirements of the position to be filled;

the skill level and certification of the employee;

the experience and qualifications of the employee in:

relevant indicative tasks nominated in this subclause; and/or competency standards against which an employee is accredited.

Any agreed national procedures established for testing the validity of an employees claim for reclassification.

19.3.4 Skill based career structure

(a) Existing employees shall transfer to the new classification structure on the basis of existing award rates of pay in accordance with the translation in 19.4.1 hereof. Upon translation existing employees shall be regarded as satisfying the requirements of the new skill level to which they translate. However, in seeking upward reclassification an employee shall be required to demonstrate that the employee meets the full requirements of the higher skill level in accordance with the criteria outlined in this paragraph.

(b) The classification structure is designed to facilitate the improvement of the level of skills of the workforce and to provide a career path for all employees. It is drafted to achieve the objectives of the 1989 National Wage Case Principles.

(c) Accordingly, each classification level builds upon the previous level so that the value of an employee to the industry and their employer increases as the employee progresses through the structure. Skills are built up in a sequential manner through job learnt skills and structured training and the new industry training framework developed by CTA reflects this intent.

(d) Under the new classification structure, an employees building and construction industry skills are to be formally recognised, industry wide, at all levels from new entrant to Construction Worker Level 8. Employees will move up the classification structure as they acquire additional accredited skills. Payment will be on the basis of the level of skills required to perform the work of a particular position or job offered by an employer.

19.3.5 Training

(a) In order to facilitate the operation of the classification structure in 19.3.1 hereof an employer shall, in cooperation with the consultative committee develop a training programme consistent with:

the size, structure and scope of the activities of the employer;

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

(b) Where, as a result of consultation in accordance with this clause it is agreed that additional training should be undertaken by the employee, that training may be taken either on or off the job. Provided that if the training is undertaken during normal working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

(c) Any costs associated with standard fees for prescribed course and prescribed textbooks (excluding those textbooks which are contained in the employers technical library) incurred in connection with the undertaking of training pursuant to 19.3.5(b) hereof shall be reimbursed by the employer upon the production of evidence of such expenditure. Provided that reimbursement shall be subject to the presentation of reports of satisfactory progress.

(d) Travel costs incurred by an employee undertaking training in accordance with this clause pursuant to 19.3.5(b) hereof which exceed those normally incurred travelling to and from work shall be reimbursed by the employer.

(e) Any disputes arising from the operation of this clause shall be subject to the disputes resolution procedure contained in clause 11 of this award.

19.4 Translation and rates of pay

19.4.1 Translation

(a) All employees who are not already classified under the new classification structure shall transfer from their current classification to the new classification structure on the basis of their existing award classification rate in accordance with 18.1.1(c) of this award.

(b) No employee shall unreasonably refuse to undertake training provided by the employer in paid work time which would enable the employee to fulfil the substantive requirements of the skill level to which they have translated as a result of the introduction of this subclause. In seeking upward reclassification an employee shall be required to demonstrate that the employee meets the full requirements of the higher skill level in accordance with the criteria outlined in this section.

19.4.2 Rates of pay

(a) This section details the rates of pay applicable under this subclause. Payment is for skills used, and employees performing work in a job at their skills classification in that field of work shall be entitled to the minimum rates of pay contained herein by virtue of

translation to the new structure as detailed in 18.1.1(c) hereof; or

by having fulfilled the criteria outlined in the skills classification definitions.

(b) Clause 19.6.2 hereof shows the rate of pay applicable upon translation.

19.4.3 Hourly rates of pay

For the purposes of this subclause, the hourly rates of pay are set out in 18.1.2 of this award.

	Relativity to tradesperson
CW1 (a): (new entrant):
Upon commencement	85%

CW1 (b):
After three months in the industry	88%

CW1 (c):
After twelve months in the industry	90%

CW1 (d):
Upon fulfilling the substantive requirements of Construction Worker 1, as detailed below	92.4%