AN120089 – Building and Construction Industry (State) Award
In addition to the rates otherwise prescribed in this award, the following extra rates shall apply.
(a) The special rates prescribed in this award shall be paid irrespective of the times at which work is performed and shall not be subject to any premium or penalty conditions.
(b) Where more than one of the above rates provides payments for disabilities of substantially the same nature then only the highest of such rates shall be payable.
25.1 Insulation - An employee handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognized insulating material of a like nature, or working in the immediate vicinity so as to be affected by the use thereof, shall be paid an amount as set out in Item 1 of 25.41 per hour or part thereof.
25.2 Hot Work - An employee who works in a place where the temperature has been raised by artificial means to between 46 and 54 degrees Celsius, shall be paid an amount as set out in Item 2 of 25.41 per hour or part thereof, exceeding 54 degrees Celsius, shall be paid an amount as set out in Item 2 of 25.41 per hour or part thereof. Where such work continues for more than two hours, the employee shall be entitled to 20 minutes' rest after every two hours' work without loss of pay not including the special rate provided by this clause.
25.3 Cold Work - An employee who works in a place where the temperature is lowered by artificial means to less than 0 degrees Celsius shall be paid an amount as set out in Item 3 of 25.41 per hour. Where such work continues for more than two hours, the employee shall be entitled to 20 minutes' rest after every two hours' work without loss of pay, not including the special rate provided by this subclause.
25.4 Confined Space - An employee required to work in a confined space shall be paid an amount as set out in Item 4 of 25.41 per hour or part thereof. "Confined space" means a place the dimensions or nature of which necessitates working in a cramped position or without sufficient ventilation.
25.5 Swing Scaffold -
(i) An employee required to work from any type of swing scaffold or any scaffold suspended by rope or cable, bosuns chair, or a suspended scaffold requiring the use of steel or iron hooks or angle irons shall be paid the appropriate allowance set out below corresponding to the storey level at which the anchors or bracing, from which the stage is suspended, has been erected. Such allowance shall be paid for a minimum of 4 hours work or part thereof until construction work (as defined) has been completed.
Height of Bracing |
First Four Hours |
Each additional Hour |
$ |
$ | |
0 - 15 storeys |
3.55 |
0.73 |
16 - 30 storeys |
4.58 |
0.95 |
31 - 45 storeys |
5.41 |
1.10 |
46 - 60 storeys |
8.87 |
1.83 |
greater than 60 storeys |
11.31 |
2.34 |
solid plasterers when working off a swing scaffold |
0.11 per hour |
Provided that solid plasterers when working off a swinging scaffold, shall receive an additional amount per hour.
(ii) Payments contained in this subclause are in recognition of the disabilities associated with the use of swing scaffolds.
(iii) For the purposes of paragraph (i) hereof:-
"Completed" means the building is fully functional and all work which is part of the principal contract is complete.
"Storeys" shall be given the same meaning as storey level in subclause 24.4.2 of this award.
25.6 Explosive Powered Tools - An operator of explosive powered tools, as defined in this award, who is required to use an explosive powered tool, shall be paid an amount as set out in Item 5 of 25.41 for each day on which such tool is used.
25.7 Wet Work - Employees working in any place where water is continually dripping on the employees so that clothing and boots become wet, or where there is water underfoot, shall be paid an amount as set out in Item 6 of 25.41 per hour whilst so engaged.
25.8 Dirty Work - An employee engaged on unusually dirty work shall be paid an amount as set out in Item 7 of 25.41 per hour.
25.9 Towers Allowance - An employee working on a chimney stack, spire, tower radio or television mast or tower, air shaft, other than above ground in a multi-storey building, cooling tower, water tower or silo where the construction exceeds fifteen metres in height shall be paid for all work above fifteen metres, an amount as set out in Item 8 of 25.41 per hour, with the amount as set out in Item 8 of 25.41 per hour additional for work above each further fifteen metres.
Provided that any similarly constructed building or a building not covered by clause 24.4.2, which exceeds 15 metres in height, may be covered by this subclause, or by clause 24.4 by agreement or where no agreement is reached by determination of the Commission.
25.10 Toxic Substances -
(i) Employees using toxic substances or materials of a like nature shall be paid an amount as set out in Item 9 of 25.41 per hour extra. Employees working in close proximity to employees so engaged shall be paid an amount as set out in Item 9 of 25.41 per hour extra.
(ii) For the purpose of this subclause toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.
25.11 Fumes - An employee required to work in a place where fumes of sulphur or other acid or other offensive fumes are present shall be paid such rates as are agreed upon between the union and the employer; provided that, in default of agreement, the matter may be referred to the Industrial Relations Commission for the fixation of a special rate. Any special rate so fixed shall apply from the date the employer is advised of the claim and thereafter shall be paid as and when the fume condition occurs.
25.12 Asbestos - Employees required to use materials containing asbestos or to work in close proximity to employees using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority.
Provided that where such safeguards include the mandatory wearing of protective equipment
(i.e., combination overalls and breathing equipment or similar apparatus) such employees shall be paid an amount as set out in Item 10 of 25.41 per hour extra whilst so engaged.
See also 25.35
25.13 Furnace Work - An employee engaged in the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be paid an amount as set out in Item 11 of 25.41 per hour. This additional rate shall be regarded as part of the wage rate for all purposes.
25.14 Acid Work - An employee required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork shall be paid an amount as set out in Item 12 of 25.41 per hour. This additional rate shall be regarded as part of the wage rate for all purposes.
25.15 Heavy Blocks -
(i) Employees Laying other than Standard Bricks Employees laying blocks (other than concrete blocks for plugging purposes) shall be paid the following additional rates:
Amount per hour | |
$ | |
Where the blocks weigh over 5.5 kg and under 9 kg |
0.49 p/h |
Where the blocks weigh 9 kg or over up to 18 kg |
0.89 p/h |
Where the blocks weigh over 18 kg |
1.25 p/h |
(ii) An employee shall not be required to lift a building block in excess of 20 kg in weight unless such employee is provided with a mechanical aid or with an assisting employee:
Provided that an employee shall not be required to manually lift any building block in excess of 20 kg in weigh to a height of more than 1.2 metres above the working platform:
Provided further that this subclause shall not apply to employees being paid the extra rate for refractory work.
(iii) Stonemasonry Employees - The employer of stonemasonry employees shall provide mechanical means for the handling, lifting and placing of heavy blocks or pay in lieu thereof, the rates and observe the conditions prescribed in paragraph (i) herein.
25.16 Cleaning Down Brickwork - An employee required to clean down bricks using acids or other corrosive substances shall be paid an amount as set out in Item 13 of 25.41 per hour extra. While so employed employees will be supplied with gloves by the employer.
25.17 Bagging - Employees engaged upon bagging brick or concrete structures shall be paid an amount as set out in Item 14 of 25.41 per hour.
25.18 Bitumen Work - An employee handling hot bitumen or asphalt or dipping materials in creosote, shall be paid an amount as set out in Item 15 of 25.41 per hour extra.
25.19 Plaster or Composition Spray - A tradesperson or apprentice using a plaster or composition spray shall be paid an amount as set out in Item 16 of 25.41 per hour whilst so engaged.
25.20 Slushing - A tradesperson or apprentice engaged at "slushing" shall be paid an amount as set out in Item 17 of 25.41 per hour.
25.21 Dry Polishing of Tiles - A tradesperson or apprentice engaged on dry polishing of tiles, as defined, where machines are used shall be paid an amount as set out in Item 18 of 25.41 per hour or part thereof.
25.22 Cutting Tiles - A tradesperson or apprentice engaged at cutting tiles by electric saw shall be paid an amount as set out in Item 19 of 25.41 per hour whilst so engaged.
25.23 Second-hand Timber - Where, whilst working with second-hand timber, a tradespersons or apprentices tools are damaged by nails, dumps or other foreign matter on the timber the tradesperson shall be paid an amount as set out in Item 20 of 25.41 per day on each day upon which the employees tools are so damaged:
Provided that no allowance shall be payable under this clause unless it is reported immediately to the employer's representative on the job in order that the employee may prove the claim. Provided further that this allowance shall not be payable where the employer provides the apprentices tools in accordance with 24.3(b).
25.24 Roof Repairs - All employees engaged on repairs to shall be paid an amount as set out in Item 21 of 25.41 per hour:
Provided that in lieu of this rate roof slaters and tilers and apprentice roof slaters and tilers shall be paid in accordance with the following:
(i) An employee who works on a roof at a height of over 15 metres measured at the loading point of the tiles at ground level to the eaves shall be paid an amount as set out in Item 22 of 25.41 per hour extra.
(ii) An employee who is required to work on a roof at a height over 15 metres measured at the loading point of the tiles at ground level to the eaves and the pitch of which is at ground level to the eaves over 35 degrees or over 40 degrees in lieu of being paid as provided in subparagraph (i) of this paragraph, shall be paid the alternative amounts as set out in Item 22 of 25.41 respectively.
25.25 Computing Quantities - Tradespersons who are regularly required to compute or estimate quantities of materials in respect to the work performed by other employees shall be paid an amount as set out in Item 23 of 25.41 per day or part thereof: Provided that this allowance shall not apply to an employee classified as a leading hand and receiving the allowance prescribed in subclause 18.4 of this award.
25.26 Height Work - Painting Trades - A tradesperson or apprentice working on any structure at a height of more than 9 metres where an adequate fixed support not less than .75 metres wide is not provided, shall be paid an amount as set out in Item 24 of 25.41 per hour in addition to ordinary rates. This subclause shall not apply to any employee working on a bosun's chair or swinging stage.
This provision shall not apply in addition to the towers allowance prescribed in paragraph 25.9.
25.27 Height Work - Bridge and Wharf Carpenters -
(i) Bridge and wharf carpenters working at a height of 8 metres from the ground, deck, floor or water shall be paid an amount as set out in Item 25 of 25.41 per hour extra and shall be paid a further amount as set out in Item 25 of 25.41 per hour extra for every additional 3 metres.
Height shall be calculated from where it is necessary for the employee to place his/her hands or tools in order to carry out the work to such ground, deck, floor or water.
(ii) For the purpose of this subclause deck or floor means a substantial structure that, even though temporary, is sufficient to protect an employee from falling any further distance. Water level means in tidal waters the mean water level.
(iii) This subclause shall not apply to employees working on suitable scaffolding which has been certified by an inspector as conforming with the relevant legislation.
(iv) These provisions shall not apply in addition to the towers allowance prescribed in paragraph 25.9 of this subclause.
25.28 Grindstone Allowance - Where a grindstone or wheel is not made available as required by clause 12.8.1(e)(iv) Special Tools and Protective Clothing of this award - each carpenter or joiner or apprentice carpenter or joiner shall be paid an amount as set out in Item 26 of 25.41 per week in lieu of the same.
25.29 Brewery Cylinders – Painters - A painter or painters apprentice in brewery cylinders or stout tuns shall be allowed fifteen minutes' spell in the fresh air at the end of each hour so worked. Such fifteen minutes shall be counted as working time and shall be paid for as such. The rate for working in brewery cylinders or stout tuns shall be at the rate of time and one-half. When an employee is working overtime and is required to work in brewery cylinders and stout tuns the employee shall, in addition to the overtime rates payable, be paid one-half of the ordinary rate payable as provided by clause 18.1 this award.
25.30 Certificate Allowance - A tradesperson or apprentice who is the holder of a scaffolding certificate or rigging certificate issued by the relevant statutory authority and is required to act on that certificate whilst engaged on work requiring a certificated person shall be paid an amount as set out in Item 27 of 25.41 per hour: Provided that this allowance shall not be payable cumulative on the allowance for swing scaffolds.
25.31 Spray Application – Painters - A tradesperson or apprentice engaged on all spray application carried out in other than a properly constructed booth, approved by the relevant statutory authority shall be paid an amount as set out in Item 28 of 25.41 per hour extra.
25.32 Cutting Bricks - A bricklayer or apprentice bricklayer operating a cutting machine shall be paid an amount as set out in Item 29 of 25.41 per hour or part thereof whilst so engaged.
25.33 District Allowances
(a) All employees working in districts west and north of and excluding State Highway No. 17 (also known as the Newell Highway and National Route No. 39) from Tocumwal to Coonabarabran, State Highway No. 11 (also known as the Oxley Highway and National Route No. 34) from Coonabarabran to Tamworth, State Route No. 95 to Yetman and State Highway No. 16 (also known as the Bruxner Highway) to Boggabilla up to the Western Division boundary and excluding the municipalities through which the road passes, shall be paid an amount as set out in Item 30 of 25.42 per day extra. All employees working in the Western Division of the State shall be paid an amount as set out in Item 30 of 25.41 per day extra.
(b) Employees working within the area bounded by and inclusive of the Snowy River from the New South Wales border to Dalgety, thence by road directly from Dalgety to Berridale and on to the Snowy Mountains Highway at Adaminaby, thence to Blowering, then by a line drawn from Blowering southwest to Welaregang and on to the Murray River, then in a southeasterly direction along the New South Wales border, to the point of commencement shall be paid an amount as set out in Item 31 of 25.41 day extra, or part thereof.
(c) Employees engaged on road and bridge construction and repair within the area bounded by and inclusive of the Queensland Border on the north State Highway No. 9 (also known as the New England Highway and National Route No. 15) from Wallangarra to Bendemeer on the west, State Highway No. 11 (also known as the Oxley Highway and National Route No. 34) from Bendemeer to Port Macquarie on the south and the coastline from Port Macquarie to Tweed Heads on the east, shall be paid an amount as set out in Item 32 of 25.41 per day extra.
NOTE: See also Appendix C for district boundaries.
25.34 Pneumatic Tool Operation - A stonemason or apprentice stonemason using pneumatic tools of 2.75 kilograms or over in weight shall be paid an amount as set out in Item 33 of 25.41 for each day on which the employee uses such a tool.
25.35 Asbestos Eradication -
(i) Application - This subclause shall apply to employees engaged in the process of asbestos eradication on the performance of work within the scope of this award.
(ii) Definition - Asbestos eradication is defined as work on or about buildings involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.
(iii) Control - the provision of Australian Standards AS/NZS2211.1:2004 AND AS2397- 1993, both as varied from time to time, shall be observed where laser equipment is in use. Provided that should regulations covering laser safety be introduced a party to this award may make application to vary this award to comprehend such Regulations.
(iv) Rate of Pay - In addition to the rates prescribed in this award an employee engaged in asbestos eradication (as defined) shall be paid an amount as set out in Item 34 of 25.42 per hour worked in lieu of rates in this clause with the exception of clauses 25.2, 25.3, 25.4, 25.5, 25.23 and 25.31 of this award.
(v) Other Conditions - The conditions of employment, rates and allowances, except so far as they are otherwise specified in this subclause shall be the conditions of employment, rates and allowances of the award as varied from time to time. See also 25.12
25.36 Laser Safety Officer Allowance
(i) Laser - shall mean any device excepting a class 1 device which can be made to produce or amplify electromagnetic radiation in the wave length range from 100 nanometres or 1 millimetre primarily by the process of controlled stimulated emission.
(ii) Laser Safety Officer or "LSO" - is a tradesperson who in addition to his/her ordinary work is qualified to perform duties associated with laser safety and is appointed as such.
(iii) Control - the provision of Australian Standards AS2211-1981 and AS2397-1980, both as varied from time to time, shall be observed where laser equipment is in use. Provided that should regulations covering laser safety be introduced a party to this award may make application to vary this award to comprehend such Regulations.
(iv) Laser Safety Officer Allowance - where a tradesperson has been appointed by his/her employer to carry out the duties of a Laser Safety Officer the employee shall be paid an amount as set out in Item 35 of 25.41 per day or part thereof whilst carrying out such duties. It shall be paid as a flat amount without attracting any premium or penalty.
25.37 Illawarra Road and General Construction - Tradespersons involved in general construction and road construction work in the Illawarra region working in areas where coal ash is being unloaded, handled or spread shall be paid an amount as set out in Item 36 of 25.41 per hour. This allowance shall be paid in substitution for any rate which might otherwise be payable for dirty, wet, confined spaces or similar disability.
25.38 Suspended Perimeter Work Platform - This allowance shall apply to employees engaged on construction work (including renovation or refurbishment work) performed on a suspended perimeter work platform (other than a swinging stage or bosuns chair) which uses a mechanical, hydraulic or other form of propulsion (not being rope or cable suspended) to relocate the work platform at different levels on the perimeter of a building or structure. An example of this type of system includes the Lubeca Facade System.
The allowance payable shall be the amount as set out in Item 37 of 25.41 per hour and shall be paid in lieu of swinging stage and multi-storey allowance for all employees working on suspended perimeter work platform systems.
25.39 Builders' Labourers employed on Refractory Brickwork - Call Back Payment - Labourers recalled to work after ordinary ceasing time shall be paid an amount as set out in Item 38 of 25.41 for each such call-back plus fares incurred.
25.40 First-Aid Allowances
(a) An employee who:
(i) is appointed by his or her employer to be responsible for carrying out first aid duties as they may arise; and
(ii) holds a recognised first aid qualification (as set out hereunder) from the Australian Red Cross Society, St John Ambulance Association or similar body; and
(iii) is required by his or her employer to hold a qualification at that level; and
(iv) the qualification satisfies the relevant statutory requirement pertaining to provision of first-aid services at the particular location where the employee is engaged;
(v) those duties are in addition to his or her normal duties, recognising what first aid duties encompass by definition;
shall be paid at the following additional rates to compensate that person for the additional responsibilities, skill obtained, and time spent acquiring the relevant qualifications:
(A) an employee who holds the minimum qualification recognised under the relevant legislation - the first amount as set out in Item 39 of 25.41 per day; or
(B) an employee who holds a higher first aid certificate recognised under the relevant legislation - the second amount as set out in Item 39 of 25.41 per day.
(b) In payment of an allowance under this clause, a person shall be paid only for the level of qualification required by their employer to be held, and there shall be no double counting for employees who hold more than one qualification.
(c) An employer shall be under no obligation to provide paid training leave or other payment of any kind to employees to acquire or update first aid qualifications.
25.41 Table of Special Rates
Item No. |
Clause No. |
Description |
Amount |
$ | |||
1 |
25.1 |
Insulation Work |
0.61 p/h |
2 |
25.2 |
Hot Work |
|
Between 46 and 54 |
0.49 p/h | ||
Beyond 54 |
0.61 p/h | ||
3 |
25.3 |
Cold Work |
0.49 p/h |
4 |
25.4 |
Confined Space |
0.61 p/h |
5 |
25.6 |
Explosive Powered tools |
1.16 p/d |
6 |
25.7 |
Wet Work |
0.49 p/h |
7 |
25.8 |
Dirty Work |
0.49 p/h |
8 |
25.9 |
Towers Allowance |
|
Work above 15 metres |
0.49 p/h | ||
Each further 15 metres |
0.49 p/h | ||
9 |
25.10 |
Toxic Substances |
|
Using toxic substances |
0.61 p/h | ||
In close proximity |
0.49 p/h | ||
10 |
25.12 |
Materials containing asbestos |
0.61 p/h |
11 |
25.13 |
Furnace Work |
1.30 p/h |
12 |
25.14 |
Acid Work |
1.30 p/h |
13 |
25.16 |
Cleaning down brickwork |
0.44 p/h |
14 |
25.17 |
Bagging |
0.44 p/h |
15 |
25.18 |
Bitumen Work |
0.61 p/h |
16 |
25.19 |
Plaster or composition spray |
0.49 p/h |
17 |
25.20 |
Slushing |
0.49 p/h |
18 |
25.21 |
Dry polishing of tiles |
0.61 p/h |
19 |
25.22 |
Cutting tiles |
0.61 p/h |
20 |
25.23 |
Second hand timber |
1.93 p/d |
21 |
25.24 |
Roof repairs -Employees other than slaters and roof tilers |
0.61 p/h |
22 |
25.24(i) |
Roof Repairs - Slaters and roof tilers |
|
Height over 15 metres |
0.44 p/h | ||
25.24(ii) |
35 pitch |
0.61 p/h | |
40 pitch |
0.89 p/h | ||
23 |
25.25 |
Computing quantities |
3.55 p/d |
24 |
25.26 |
Height work - painting tradespersons |
0.44 p/h |
25 |
25.27 |
Height work - bridge and wharf carpenters |
|
8 metres from ground, deck, etc. |
0.49 p/h | ||
Each additional 3 metres |
0.10 p/h | ||
26 |
25.28 |
Grindstone Allowance |
5.22 p/w |
27 |
25.31 |
Certificate Allowance |
0.49 p/h |
28 |
25.32 |
Spray Application - painters |
0.49 p/h |
29 |
25.33 |
Cutting bricks |
0.61 p/h |
30 |
25.34(a) |
District Allowances |
|
Districts west and north |
0.72 p/d | ||
Western Division |
1.18 p/d | ||
31 |
25.34(b) |
District Allowances |
|
NSW border to Dalgety |
1.18 p/d | ||
32 |
25.34(c) |
District Allowances |
|
Road and bridge construction and repair |
0.37 p/d | ||
33 |
25.35 |
Pneumatic tools - stonemason |
2.67 p/d |
34 |
25.36 |
Asbestos Eradication |
1.64 p/h |
35 |
25.37 |
Laser safety officer |
2.03 p/d |
36 |
25.38 |
Illawarra road and general construction |
0.49 p/h |
37 |
25.39 |
Suspended Perimeter Work Platform |
0.75 p/h |
38 |
25.40 |
Labourers on refractory brickwork |
3.66 per call back |
39 |
25.41 |
First Aid Allowances |
|
Minimum qualification |
2.09 p/d | ||
Higher qualification |
3.29 p/d |
