AN120192 – Electricians &c. (State) Award
6.1 General Conditions
6.1.1 Commencing on Job — An employee required to work at a job away from his/her workshop or depot shall, at the direction of his/her employer, present himself/herself for work at such job at the usual time of starting work.
6.1.2 Location of Workshop or Depot — Upon the commencement of this award or the commencement of a contract of employment, the employer shall notify the employee of the location of the employee's workshop or depot and such location shall be recorded in the employee's wages record and/or service record; provided that if it becomes necessary for the location of the workshop or depot to be changed, the employer shall give the employee not less that 14 days notice of such change.
6.1.3 Transportation — The employer shall provide or arrange transport where reasonable and necessary for travelling as follows:
6.1.3.1 between jobs, and
6.1.3.2 between the employee's workshop or depot and jobs.
6.2 Travel
6.2.1 Travelling Time — For the purpose of this clause, all time reasonably spent in travelling shall be travelling time.
6.2.2 In computing reasonable travelling time and for the purpose of Excess Travelling Time, the following shall apply:
6.2.2.1 Where the employee uses public transport on his/her journey, travelling time shall include all time reasonably spent:
(1) In waiting between public transport connections; and
(2) Between disembarking from public transport and the time of starting work; and
(3) Between finishing work and embarking on public transport.
6.2.2.2 Where the employee is required to walk on his/her journey, walking time shall be at the rate of 12 minutes per kilometre.
6.2.2.3 Where the employee uses a motor vehicle, other than public transport on his/her journey, travelling time shall be calculated as follows:
(1) Where the journey or portion of the journey is within:
48 kilometre radius of the General Post Office, Sydney;
or 32 kilometre radius of the General Post Office, Newcastle; or
The boundaries of the Port Kembla-Wollongong District (see NSW Industrial Gazette, volume 52, Page 783);
At the rate of two minutes for each kilometre of the journey.
(2) Where the journey or portion of the journey is outside the area prescribed above, at the rate of 1.25 minutes for each kilometre of the journey.
6.2.3 Excess Travelling Time — For the purpose of this clause, excess travelling time is all time reasonably spent by an employee in travelling to or from a job away from his/her workshop or depot in excess of time usually spent by the employee in travelling to or from his/her home and his/her workshop or depot.
6.2.4 Excess Travelling Time Payment — An employee shall be paid for excess travelling time at ordinary time rate except on a holiday or Sunday when payment shall be at the rate of time and a half.
6.2.5 Travelling Time Payment — To or From Distant Work — An employee travelling to or from distant work shall be paid for all time occupied in such travel at ordinary time rates up to a maximum of 12 hours out of every 24 hours, or, where a sleeping berth is provided, a maximum of 8 hours out of every 24 hours.
6.3 Fares and Expenses —
6.3.1 Fares and Expenses — The employer shall pay for all fares and/or expenses reasonably incurred by an employee in excess of those usually incurred by the employee in travelling between his/her home and his/her workshop or depot. Such fares and expenses shall include fares and/or expenses incurred in travelling between the workshop or depot and a job and in a travelling between jobs.
6.3.2 Fares and Expenses — Distant Work — The employer shall pay for any fares and/or expenses incurred in conveying an employee and the employee's tools and such personal belongings reasonably required for his/her personal use to and from distant work. Such expenses shall include cost of meals partaken and insurance of personal belongings whilst in transit.
6.3.3 Motor Vehicle Allowance — An employer shall pay to an employee a motor vehicle allowance per kilometre as set out in Item 1 of Table 4 of Part B as compensation for expenses where the employee, by agreement with his/her employer, uses his/her own motor vehicle in the following cases:
6.3.3.1 For the distance of his/her journey which is in excess of the distance of the journey between the employee's home and his/her workshop or depot where the employee starts or finishes work at a job away from his/her workshop or depot; or
6.3.3.2 For the distance of his/her journey where the employee is recalled to work overtime after leaving his/her employer's business; or
6.3.3.3 For the distance of his/her journey in travelling between his/her workshop or depot and a job or between jobs; or
6.3.3.4 For the distance of his/her journey in travelling to or from distance work.
6.4 Travel and Expenses — Construction and Shipping Work —
6.4.1 Scope — This section shall apply to employees covered by this award who are engaged in shipping work or on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, who are required to start and finish work on the job away from the employer's workshop or depot and to employees hired on a construction site for work on that site.
6.4.2 Average Excess Travelling Time — Construction &c. Work —
6.4.2.1 In lieu of the provisions of 6.2.3, Excess Travelling Time and 6.2.4 Excess Travelling Time Payment, an employee to whom this section applies shall be paid 0.8 hour's pay per day, calculated as prescribed by clause 8, Wage Rates. Such payment shall be made as compensation for average excess travelling time to and from a place of work.
6.4.2.2 The average excess travelling payment prescribed in 6.4.2.1 shall be paid in accordance with one of the following payment systems:
(1) Weekly Payment System — Where a weekly payment system applies to an employee his/her average excess travelling time rate shall be 0.8 hour's pay per day: or
(2) Average Payment System.
(i) So as to avoid fluctuating average excess travelling time payments each week, an employee may be paid according to a weekly average of the daily average excess travelling time rate prescribed by this subsection. Such weekly average excess travelling time rate shall be calculated by multiplying the daily average excess travelling time rate by the number of ordinary days of work in his/her work cycle and then dividing by the number of weeks in his/her work cycle.
(ii) Formula and Example:
Weekly Average Excess Travelling Time Rate.
= Daily average excess travelling time x Ordinary days of work per work cycle divided by weeks per work cycle
= 0.8 hours x 19 days ÷ 4
= 3.8 hours weekly average excess travelling time.
(iii) In such case, where an employee is absent for the whole of a day, the employee shall lose average excess travelling time rate for that day calculated by dividing his/her weekly average excess travelling time rate by five.
6.4.2.3 Provided that, where an employee's average daily time of journeys to and from the employee's residence and a place of employment exceeds 3 hours per day, the employee shall be paid 0.8 hour's pay per day, and, in addition, shall be paid at ordinary time rate (except on a Sunday or a holiday when the rate shall be time and a half) for the average daily journey time which exceeds 3 hours per day.
6.4.2.4 Provided further that this subsection shall not inhibit the provisions of the definition at paragraph 2.2.5 of clause 2, Definitions.
6.4.3 Average Excess Fares — Construction Work &c.
6.4.3.1 In lieu of the provisions of subsection 6.3.1 Fares and Expenses and 6.3.3.1 of 6.3.3, Motor Vehicle Allowance employees to whom this subclause applies shall be paid an allowance per day as set out in Item 2 of Table 4 of Part B as compensation for average excess fares to and from places of work.
6.4.3.2 The average excess fares payment prescribed in 6.4.3.1 shall be paid in accordance with one of the following payment systems:
(1) Weekly Payment System. Where a weekly payment system applies to an employee his/her average excess fares shall be paid at an allowance as set out in Item 2 of Table 4 of Part B; or
(2) Average Payment System
(i) So as to avoid fluctuating average excess fares payments each week, an employee may be paid according to a weekly average of the daily average excess fare rate prescribed by this subsection. Such weekly average fares rate shall be calculated by multiplying the daily average excess fares rate by the number of ordinary days of work in his/her work cycle and then dividing by the number of weeks in his/her work cycle.
(ii) Formula and Example
As set out in Item 3 of Table 4 of Part B
(iii) In such case, where an employee is absent for the whole of a day, the employee shall lose average excess fares rate for that day calculated by dividing his/her weekly average excess fares rate by five.
6.4.4 The allowance prescribed by this subclause 6.4.3 shall not be payable if the employer provides or offers to provide transport from the employee's home to the job and return, free of charge to the employee. The employee's home for this purpose shall include a place where an employee camps or where he/she is temporarily living.
6.4.5 Provided that where an employee is engaged on distant work and resides on the site of the job he/she shall not be entitled to the allowance prescribed inn this subsection.
6.4.6 Workshop — For the purposes of this section "workshop" shall mean a company head office, branch office and any established workshop except that which may be located on the job.
6.5 Government Works and Camps
6.5.1 Scope — This section shall apply to the following:
6.5.1.1 Government Works — An employee engaged on work in connection with the construction and/or maintenance of water supply and sewerage works, bridges or water conservation and irrigation works, harbour and reclamation works carried out by Government Authorities, or
6.5.1.2 Camps — An employee who is required to camp either by direction of the employer or because no reasonable transport facilities are available to him/her to proceed to and from his/her home each day.
6.5.2 Travelling Time and Fares — In lieu of the provisions of 6.2.3 — Excess Travelling Time, and 6.2.4 — Excess Travelling Time Payment, and 6.3.1 — Fares and Expenses, and all of 6.4 — Travel and Expenses — Construction and Shipping Work, of this clause, employees to whom this section applies shall be paid the rates and allowed the conditions in respect of travelling time and fares prescribed by the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award published on 15 August 1984 (234 IG 1248) or by any award replacing the said award.
