AN120089 – Building and Construction Industry (State) Award

PART 8 TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 

37. LIVING AWAY FROM HOME DISTANT WORK

37.1 Qualification - An employee shall be entitled to the provisions of this clause when employed on a job or construction work under the following conditions:

(a) The employee is not in receipt of a discretionary relocation payment through the Job
Network Provider.

(b) The employee is maintaining a separate place of residence to which it is not reasonable to expect the employee to return each night; and

(c) The employee, on being requested by the employer informs the employer, at the time of engagement, that the employee maintains a separate place of residence from the address recorded on the job application.

Subject to subclause 37.2 of this clause an employee is regarded as bound by the statement of his/her address and no entitlement shall exist if unknowingly to the employer the employee wilfully and without duress made a false statement in relation to the above.

37.2 Employee's Address

(a) The employer shall require and the applicant shall provide the employer with the following information, in writing, at the time of engagement:

(i) the address of the place of residence at the time of application; and

(ii) the address of the separately maintained residence, if applicable.

Provided however, that the employer shall not exercise undue influence, for the purpose of avoiding its obligations under the award, in persuading the prospective employee to insert a false address.

(b) No subsequent change of address shall entitle an employee to the provisions of this clause unless the employer agrees.

(c) Documentary proof of address such as a long service leave registration card or driver's licence may be accepted by an employer as proof of the employee's usual place of residence.

(d) The address of the employee's usual place of residence and not the place of engagement shall determine the application of this clause.

Any dispute arising in respect of this clause shall be dealt with via the dispute resolution procedures in clause 11.1 of this award.

37.3 Entitlement - Where an employee qualifies under 37.1 above, the employer shall either -

(a) provide the worker with reasonable board and lodging; or

(b) pay an allowance set out in Item 1 of 37.12 per week of seven days but such allowance shall not be wages. In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job the allowance set out in Item 2 of 37.12 per day: Provided that the foregoing allowances shall be increased if the employee satisfies the employer that the employee reasonably incurred a greater outlay than that prescribed. In the event of disagreement the matter may be referred to the Industrial Commission; or

(c) in circumstances prescribed in 37.7 provide camp accommodation and messing, constructed and maintained in accordance with 37.10.

"Reasonable board and lodging" shall mean lodging in a well kept establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating and with hot and cold running water.

37.4 Travelling Expenses - An employee who is sent by his/her employer or selected or engaged by an employer or agent to go to a job which qualifies the employee to the provision of this clause shall not be entitled to any of the allowances prescribed by clause 38, of this award, for the period occupied in travelling from his/her usual place of residence to the distant job, but in lieu thereof shall be paid:

(a) Forward Journey

(i) For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities).

(ii) For the amount of a fare on the most common method of public transport to the job (bus; economy air, second class rail with sleeping berths if necessary, which may require a first class rail fare), and any excess payment due to transporting his/her tools if such is incurred.

(iii) For any meals incurred while travelling at an amount set out in Item 3 of 37.12 per meal.

Provided that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues his/her employment within two weeks of commencing on the job and who does not forthwith return to his/her place of engagement.

(b) Return Journey - An employee shall, for the return journey, receive the same time, fares and meal payments as provided in 37.4(a) above, together with an amount set out in Item 4 of 37.12 to cover the cost of transporting himself and his/her tools from the main transport terminal to his/her usual place of residence.

Provided that the above return journey payments shall not be paid if the employee terminates or discontinues his/her employment within two months of commencing on the job, or if the employee is dismissed for incompetence within one working week of commencing on the job, or is dismissed for misconduct.

(c) Departure Point - For the purposes of this clause, travelling time shall be calculated as the time taken for the journey from the Central or Regional rail, bus or air terminal nearest the employee's usual place of residence to the locality of the work.

37.5 Daily Fares Allowance - An employee engaged on a job which qualifies the employee to the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) shall be paid the allowance prescribed by clause 38 of this award.

37.6 (a) Weekend Return Home - When an employee returns home for a weekend or part of a weekend and does not absent himself from the job for any of the ordinary working hours inclusive of time worked for accrual purposes as prescribed in clause 27.1 and 30.9 of this award no reduction of the allowances prescribed in 37.3(b) of this award shall be made.

(b) An apprentice or builder's labourer who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or his/her representative no later than Tuesday of each week of his/her intention to return to his/her usual place of residence at the weekend and who returns to his/her usual place of residence for the weekend shall be paid an allowance as set out in Item 5 of Table 37.12 for each occasion.

(c) Paragraph (b) of this subclause shall not apply to an apprentice or builder's labourer who is receiving the payment prescribed in subclause (37.3) of this clause in lieu of board and lodging being provided by the employer or who is receiving a camping allowance as prescribed in subclause (37.7(b)) of this clause)

37.7 Construction Camps

(a) Camp Accommodation Where an employee is engaged on the construction of projects which are located in areas where suitable board and lodging as defined in 37.3 is not available, or where the size of the work force is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp, such camp shall be constructed and maintained in accordance with subclause 37.10.

(b) Camping Allowance An employee living in a construction camp where free messing is not provided shall receive a camping allowance of an amount set out in Item 6 of 37.12 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee shall be paid an amount set out in Item 7 of 37.12 per day including any Saturday or Sunday if the employee is in camp and available for work on the working days immediately preceding and succeeding each Saturday and Sunday. If an employee is absent without the employer's approval on any day, the allowance shall not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance shall not be payable for the Saturday and Sunday.

(c) Camp Meal Charges Where a charge is made for meals in a construction camp, such charge shall be fixed by agreement between the parties.

37.8 Rest and Recreation

(a) Rail or Road Travel An employee who proceeds to a job which qualifies the employee to the provisions of this clause may, after two months' continuous service thereon and thereafter at three monthly periods of continuous service thereon, return to his/her usual place of residence at the weekend. If the employee does so, the employee shall be paid the amount of a bus or second class return railway fare to the bus or railway station nearest his/her usual place of residence on the pay day which immediately follows the date on which the employee returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend:

Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty- eight days after the expiration of any such period of two or three months as herein before mentioned, then the provisions of this subclause shall not be applicable.

(b) Air Travel

(i) Notwithstanding any other provisions contained in (a) above and in lieu of such provisions, the following conditions shall apply to an employee who qualifies under 37.1 above and where such construction work is located north of twenty- sixth parallel of south latitude in Australia or in any other area to which air is the only practicable means of travel an employee may return home after four months' continuous service and shall in such circumstances be entitled to two days' leave with pay in addition to the weekend. Thereafter the employee may return to his/her usual place of residence after each further period of four months'

continuous service, and in each case the employee shall be entitled to two days' leave of which one day shall be paid leave. Payment for leave and reimbursement for any economy airfare paid by the employee shall be made at the completion of the first pay period commencing after the date of return to the job: Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty-eight days after the expiration of any such period of four months as herein before mentioned, then the provisions of this paragraph shall not be applicable.

(ii) Remote areas of Western Australia Employees on jobs north of latitude 26 degrees south or elsewhere in the State of Western Australia shall be entitled in accordance with this subclause 37.8 (b) to travel to their usual place of residence, or Perth which ever is the closest to the job and return provided that reimbursement of air fare in no case shall exceed the economy air fare from the job to Perth and return: unless an employee has been sent by this employer, or selected or engaged by the employer or agent, to go to such job from a place which is a greater distance from the job than Perth and the employee returns to that place, in which event reimbursement shall include the return air fare for the greater distance.

(c) Limitation of Entitlement An employee shall be entitled to either paragraph (a) or paragraph (b) herein and such option shall be established by agreement as soon as practicable after commencing on distant work. The entitlement shall be availed of as soon as reasonably practical after it becomes due and shall lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice shall lie with the employer).

(d) Service Requirements For the purpose of this subclause service shall be deemed to be continuous notwithstanding an employee's absence from work as prescribed in the clause or as prescribed in 32.6 of this award.

(e) Variable Return Home In special circumstances, and by agreement with employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual entitlements.

(f) Non-Payment in Lieu Payment of fares and leave with pay as provided for in this subclause shall not be made unless availed of by the employee.

37.9 Termination An employee shall be entitled to notice of termination in sufficient time to arrange suitable transport at termination or shall be paid as if employed up to the end of the ordinary working day before transport is available.

37.10 Construction Camp Standards

(a) Construction camps, as referred to in this clause, shall comply with the following standards:

(i) The camp shall provide for accommodation in single rooms, of dimensions not less than 14 cubic metres per person and shall have a timber, aluminium or similar floor with floor covering provided. Each room shall be furnished with reasonable sleeping accommodation including a mattress, pillow and blankets together with a table or reasonable substitute therefore, a seat and a wardrobe for each person.

(ii) Each room shall be fitted with a door and moveable window of reasonable dimensions fitted with a gauze screen. Each room shall be sealed and lined. Good artificial lighting shall be provided in each room.

(iii) Except where corridor type barracks are provided, a verandah shall be constructed in front of each room. Where reasonably required, provisions shall be made for the heating of rooms or cooling by fan.

(iv) Provisions shall be made in the camp for reasonable washing facilities including hot and cold showers. Reasonable provisions shall be made for the washing of clothes. Toilets shall be adequate and sewered where possible, situated within reasonable distance from the living quarters, access to which shall be by properly lighted paths.

Provisions shall be made for the effluent from the kitchen, laundry and showers to be carried away in closed pipes and dispersed in such a way as to avoid any risk to health. In any such camp messing shall be made available by the employer with provisions of a choice of meals.

(b) Where construction camp accommodation is not provided and the employer provides caravan accommodation the employer and the unions shall confer as to reasonable standards for such accommodation. In the absence of agreement being reached the matter shall be referred to the Commission.

37.11 Alternative Paid Day Off Procedure If the employer an the employee so agree in writing, the paid rostered day off as prescribed in clause 27.1 Hours of Work, of this award, may be taken, and paid for, in conjunction with the additional rest and recreation leave as prescribed in this clause or at the end of the project or on termination, whichever comes first.

37.12 Table of Allowances

Item No.	Clause No.	Description	Amount
			$
1	37.3(b)	Living away from home weekly rate	356.50
2	37.3	Living away from home daily rate	51.00 p/d
3	37.4(a)(iii)	Meals while travelling	10.50 p/meal
4	37.4	Return journey	17.10
5	37.6 (a)	Returning to usual place of residence for a weekend while on distant work Apprentices and Builders Labourers	28.90
6	37.7(b)	Weekly camping rate	143.60 p/w
7	37.7(b)	Daily camping rate	20.60 p/d