AN120089 – Building and Construction Industry (State) Award
23.1 (a) All wages, allowances and other monies shall be paid:
(1) in cash; or
(2) into an account in the name of the employee (whether or not jointly with another person) at a financial institution by electronic transfer of funds or other means; or
(3) by cheque payable to the employee if there is agreement in writing between the employer and the employee.
An employee paid by cheque shall be allowed reasonable time as agreed between the employer and the employee, to attend the branch of their bank nearest the workplace to cash such cheques or draw upon the accounts during working hours.
Failure to reach agreement on reasonable time shall be dealt with under clause 11 Settlement of Disputes.
Payments shall be paid and available to the employee not later than the cessation of ordinary hours of work on Thursday of each working week.
(b) Provided that in any week in which a holiday falls on a Friday wages accrued shall be paid on the previous Wednesday and provided further that when a holiday occurs on any Thursday wages accrued may be paid on the following Friday. Nothing shall prevent any alternative mutual arrangement between an employer and an employee.
(c) The employer shall not keep more than two days' wages in hand.
23.2 Payment on Termination. When notice is given in accordance with clause 17 Termination of Employment, of this award all moneys due to the employee shall be paid at the time of termination; where this is not practicable the provisions of 23.6 and/or 23.7 of this clause shall apply.
23.3 Payment During Inclement Weather. Where, on any pay day, work ceases for the day because of inclement weather an employee shall be paid all wages, allowances and other moneys due without undue delay.
23.4 Waiting Time Penalties: An employee kept waiting on site for reasons within the employer's control for their wages when paid by cash or cheque on pay day for more than a quarter of an hour after the usual time of ceasing work shall be paid at overtime rates after that quarter-hour with a minimum of a quarter of an hour.
23.5 Pay Slips Section 123 of the Act, which requires that when an employer pays remuneration to an employee the employer must supply the employee with written particulars regarding the payment, shall be a term of this award. In addition to the requirements of the Act, the following details will also be included in the written particulars regarding the payment when such payments and benefits apply:
(1) The amount of allowances or special rates paid and the nature thereof.
(2) The employer and employee's building superannuation number.
(3) The employee's long service leave registration number.
23.6 Employee Terminating: Where an employee gives notice in accordance with clause 17 Termination of Employment, of this award and moneys due are not paid on termination the employer shall have two working days to send moneys due by registered post provided that if the money is not posted within that time then time spent waiting beyond the two working days shall be paid for at ordinary rates, such payment to be at the rate of eight hours pay per day up to a week's pay when the right to waiting time shall terminate.
23.7 Employer Terminating Daily Penalties: Where an employer gives notice in accordance with clause 17 Termination of Employment, of this award all moneys due shall be paid at termination; where this is not practicable the employer shall forward the moneys due by registered post within two working days of termination and shall pay waiting time up to the time of posting at the rate of eight hours ordinary time per day up to a maximum of one week's pay.
23.8 The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:
(a) the employee has authorised the employer to make such deductions in accordance with subclause (e) herein;
(b) the Union shall advise the employer of the amount to be deducted for each pay period applying at the employer's workplace and any changes to that amount;
(c) deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and
(d) there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).
Note: The conditions of casual employment under this award are set out in clause 13.2.
(e) The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union rules) that the Union advises the employer to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.
(f) Monies so deducted from employees' pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:
(g) where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and
(h) where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.
(i) Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.
(j) The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be. The Union shall give the employer a minimum of two months' notice of any such change.
(k) An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.
(l) Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.
(m) This clause shall not apply to apprentices engaged by employers that are respondent to, or otherwise bound by the National Building and Construction Industry Award 2000.
(n) In the case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 10th June 2005.
(o) In the case of employers who do not fall within subparagraph (m) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees' pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 12th September 2005.
(p) For all other employers, from the beginning of the first pay period to commence on or after 12th December 2005.
