AN120089 – Building and Construction Industry (State) Award

38. FARES AND TRAVEL PATTERNS ALLOWANCE

38.1 The following fares and travel patterns allowance shall be paid to employees other than apprentices for travel patterns and costs peculiar to the industry which include mobility requirements on employees and the nature of employment on construction work.

(a) When employed on work located within the county of Cumberland, county of Northumberland or county of Camden - an amount set out in Item 1 of 38.12 per day.

(b) When employed on work located within a radius of 50 kilometres from the principle post office in the cities of Penrith, Newcastle, or Campbelltown, and the employers business or branch (other than a construction site) is established in such cities - an amount set out in Item 2 of 38.12 per day.

(c) Provided that the allowance shall not be payable to an employee whose regular place of employment is a carpentry or joinery shop or painting shop or signwriting shop, except when an employee is required to commence work away from the regular place of employment.

38.2 Distant jobs The allowances prescribed in 38.1 hereof shall be paid to employees employed on a distant job (as defined in clause 5.8 of this award), when the work is performed within a 50 kilometre radius from the place where, with the employers approval, the employee is accommodated for the distant job

38.3 Country radial areas

38.3.1 An employer whose business or branch or section thereof (for the purpose of engagement) is established in any place (other than on a construction site) outside the areas mentioned in 38.1 hereof, shall pay their employees the allowances prescribed in 38.1 hereof for work located within a radius of 50 kilometres from the post office nearest the establishment.

38.3.2 Where the employer has an establishment in more than one such place, the establishment nearest the employees nominated address shall be used, and employees shall be entitled to the provisions of 38.4 hereof when travelling to a job outside such radial area.

38.4 Travelling outside radial areas

38.4.1 Where an employee travels daily from inside any radial or county area mentioned in
38.1, 38.2 and 38.3 hereof to a job outside that area, the employee shall be paid:

(a) the allowance prescribed in 38.1, 38.2 or 38.3 hereof;

(b) in respect of travel from the designated boundary to the job and return to that boundary:

the time outside ordinary working hours reasonably spent in such travel, calculated at ordinary hourly on site rates to the next quarter of an hour with a minimum payment of one half an hour per day for each return journey;

any expenses necessarily and reasonably incurred in such travel, which shall be an amount set out in Item 3 of 38.12 per kilometre where the employee uses their own vehicle.

38.4.2 Residing outside radial areas An employee whose residence is outside the radial areas prescribed herein shall be entitled to the provisions of 38.4.1(a) hereof, but not 38.4.1(b) hereof.

38.5 Travelling between radial areas

38.5.1 The provisions of 38.4 hereof shall apply to an employee who is required by the employer to travel daily from one of those areas mentioned in 38.1 and 38.3 hereof to an area, or another area, mentioned in 38.1 or 38.3 hereof.

38.5.2 Provided that employees in New South Wales who are travelling between radial areas shall not receive any payments for time and expenses as prescribed in 38.4.1(b) hereof unless the employer directs that the employee does so travel as a specific condition of employment.

38.6 Provision of transport

38.6.1 Subject to 38.6.2, 38.6.3 and 38.6.4 hereof the allowance prescribed in this clause, (except the additional payment prescribed in 38.4 and 38.5 hereof) shall not be payable on any day on which the employer provides or offers to provide transport free of charge from the employees home to the place of work and return.

38.6.2 The allowance prescribed in this clause shall be payable on any day for which the employer provides a vehicle free of charge to the employee and the employee is required by the employer to drive such vehicle from the employees home to the place of work and return.

38.6.3 Time spent by an employee travelling from the employees home to the place of work and return outside ordinary hours shall not be regarded as time worked for any purpose of this award and no travelling time payment shall be made except to the extent provided in and in accordance with 38.4 and 38.5 hereof and 37.4 and 29.2 of this award.

38.6.4 Provided that 38.6.2 and 38.6.3 hereof shall have no application in the case of an employee directed by the employer to pick up and/or return other employees to their homes. Such an employee shall be paid as though the time taken was worked, but no allowance shall be paid.

38.7 Requirements to transfer

As required by the employer, employees shall start and cease work on the job at the usual commencing and finishing times within which ordinary hours may be worked and shall transfer from site to site as directed by the employer.

38.8 Transfer during working hours

38.8.1 An employee transferred from one site to another during working hours shall be paid for the time occupied in travelling and, unless transported by the employer, shall be paid reasonable cost of fares by the most convenient public transport between such sites.

38.8.2 Provided that where an employee agrees to their employers request to use the employees own car for such a transfer, the employee shall be paid an allowance at an amount set out in Item 4 of 38.12 per kilometre.

38.9 Daily entitlement

38.9.1 The travelling allowances prescribed in this clause shall not be taken in to account in calculating overtime, penalty rates, annual or sick leave, but shall be payable for any day upon which the employee in accordance with the employers requirements works or reports for work or allocation of work and for the rostered day off as prescribed in subclauses 27.1 and 30.9 of this award. The allowances shall however be taken into account when calculating the annual leave loading.

38.9.2 Subject to the foregoing provisions a fare shall be deemed to have been incurred if the employee has used a bicycle or other means of locomotion or has walked instead of using a public conveyance.

38.10 New South Wales fares and district boundaries The boundaries for the purposes of 38.1.4(a) hereof are as follows:

38.10.1 Boundary of the County of Cumberland Pacific Ocean, Hawkesbury River, Nepean River, Cataract River, Cataract Creek and Woodlands Creek.

38.10.2 Boundary of the County of Camden Woodlands Creek, Cataract Creek, Cataract River, Nepean River, Warragamba River, Wollondilly River, Uringalla Creek, Joarimina Creek, Shoalhaven River and Pacific Ocean.

38.10.3 Boundaries of the Counties of Northumberland and Camden and Cumberland The areas bounded by the intersecting points of the Pacific Ocean, Hunter River (including Fullerton Cove and the North Channel), Wollombi Brook, Parsons Creek, Darkey Creek, Howes Valley Creek, Macdonald River, Hawkesbury River, Nepean River, Warragamba River, Wollondilly River, Uringalla Creek, Barkers Creek, Joarimina Creek, and the Shoalhaven River.

NOTE: See also Appendix C for county boundaries.

38.11 Apprentices

38.11.1 The following fares allowance and travelling allowance shall apply to carpenters, joiners, bricklayers, painters, plasterers, slaters, roof tilers, stonemasons and tilelayers apprentices employed under the terms and conditions of this award for travel patterns and costs peculiar to the industry, which include mobility requirements on employees and the nature of employment on construction work:

When employed on work located within the counties of Cumberland, Northumberland or Camden - an amount set out in Item 5 of 38.12

38.11.2 Apprentices at a Master Builders Association of New South Wales off-the-job training school shall not be paid any allowance in accordance with this clause unless such an apprentice is required to commence work away from the regular training school.

38.11.3 Civil Engineering Carpenter apprentices shall receive the full entitlement as prescribed in 38.1, 38.2 and 38.3.

38.12 Table of Fares and Travel Patterns Allowances

Item No.	Clause No.	Description	Amount
			$
1	38.1.1(a)	Fares within the counties	14.30 p/d
2	38.1.1(b)	Fares within a 50 kilometre radius	14.30 p/d
3	38.4.1(b)	Use of own vehicle outside radial ares	0.41 p/km
4	38.8.2	Use of own vehicle transferring between sites	0.77 p/km
5	38.11.1	Apprentices fares
		1st year	13.30p/d
		2nd year	13.70p/d
		3rd year	13.80p/d
		4th year	14.00 p/d