AN120192 – Electricians &c. (State) Award
In addition to the wage rates calculated as prescribed by clause 8, Wage Rates, the following disability rates and allowances and additional rates and allowances shall be paid:
14.1 Section I — Disability Rates
14.1.1 Dirty Work — Where conditions are unusually offensive or unhealthy or more injurious to clothing than the ordinary workshop conditions, a dirty work allowance, as set out in Item 1 of Table 5, of Part B, Monetary Rates shall be paid.
14.1.1.1 Such conditions (without limiting the definition) may be found in holds, stokeholds, engine rooms, about boilers, forecastles, galleys and other rooms, and on or about mast head lights of ships that have been in commission.
14.1.1.2 Unless it can be shown that the conditions appertaining to any particular job done in connection with such works are no dirtier than the ordinary workshop conditions then the following shall be considered dirty work:
14.1.1.2.1 Work done at the following places: Wool scouring works, tanneries, boiling down works, sugar works, galvanizing works, lead works, paint works, smelting works, converting cyaniding and all dry crushing and/or grinding plants, sanitary works, fertilizer works, chemical works, abattoirs, knackeries, slaughter yards, cement works, mines and/or at pit tops.
14.1.1.2.2 Work done on or in the following: The space between the ceiling and roof of a building that has been occupied.
The space between the ceiling and the floor above of a building that has been occupied.
The space between the earth and the floor above of any building.
14.1.1.2.3 The following work: Operating a power tool to cut or groove (i.e. chase) brickwork, plaster, rockwork, concrete and other masonry work.
On repairs to electrically driven vehicles that have been in use.
On repairs to smoke boxes, fire boxes, uptake funnel, flue, furnace or combustion Chamber of a locomotive, marine or type of boiler.
On repairs in oil tanks or meat digestors.
On repairs to incinerators and/or incinerating devices which have been in use.
14.1.1.3 For ship repair work which a foreman and workman shall agree is of an unusually dirty or offensive nature the dirty work allowance, as set out in Item 2 of the said Table 5 shall be paid.
14.1.2 Confined Spaces — An employee working in a confined space (as defined in clause 2, Definitions) shall be paid a confined space allowance as set out in Item 3, Table 5.
14.1.3 Insulating Material — Temperature, Sound, &c. — An employee handling silicate of cotton, slag wool, rock wool or glass fibre wool for the purpose of insulation or who it is agreed between the employer and the employee is working in the immediate vicinity so as to be affected by the use thereof shall be paid an insulation material allowance as set out in Item 4 of the said Table 5. Such allowance shall be paid for the remainder of the day or shift after the time that it first becomes payable.
14.1.4 High Places
14.1.4.1 An employee working on a building or structure of a height of 15 metres or more directly above a substantial level surface shall be paid a height allowance as set out in Item 5 of the said Table 5 and an additional amount as set out in Item 5 of the said Table 5 for each further 15 metres increase in the height at which he/she is working.
14.1.4.2 An employee working on any building or structure in a bosun's chair or swinging scaffold at a height up to 15 metres directly above a substantial level surface shall be paid a height allowance as set out in Item 5 of the said Table 4 and an additional amount as set out in item 5 of the said Table 4 for each further 15 metres increase in the height at which he/she is working.
14.1.5 Wet Places
14.1.5.1 An employee working in any place where his/her clothing or footwear becomes appreciably wet shall be paid a wet places allowance as set out in Item 6 of the said Table 5 14.1.5.2 Provided that the wet places allowances shall not be payable where the employer provides the employee with suitable protective clothing and footwear.
14.1.5.3 Provided further that any employee who becomes entitled to the wet places allowance shall be paid such allowance for such part of the day or shift he/she is required to work in wet clothing or footwear.
14.1.6 Hot Places
14.1.6.1 An employee working for more than one hour in the shade in places where the temperature is raised to between 46 degrees Celsius and 54 degrees Celsius shall be paid a hot places allowance as set out in Item 7 of the said Table 5. In places where the temperature exceeds 54 degrees Celsius the hot places allowance shall be as set out in Item 7 of Table 5. Where work continues for more than 2 hours in temperatures exceeding 54 degrees Celsius the employee shall be entitled to 20 minutes rest after every 2 hours' work without deduction of pay.
14.1.6.2 The temperature shall be decided by the foreperson the work after consultation with the employee who claims the hot places allowance.
14.1.7 Cold Places — An employee working for more than one hour in places where the temperature is reduced by artificial means below 0 degrees Celsius shall be paid a cold places allowance as set out in Item 8 of Table 5. Where work continues for more than 2 hours in temperatures below 0 degrees Celsius the employee shall be entitled to a rest period of 20 minutes after every 2 hours' work without deduction of pay.
14.1.8 Explosive Powered Tools — An employee required to use explosive powered tools shall be paid an hourly explosive powered tools allowance of 1/8 of the daily rate with a minimum payment as set out in Item 9 of Table 5.
14.1.9 Toxic Substances
14.1.9.1 An employee required to use toxic substances shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.
14.1.9.2 Employees using such materials will be provided with and shall use all safeguards as are required by the appropriate Government authority.
14.1.9.3 Employees using toxic substances or materials of a like nature, where such substances or materials are used in quantities of 0.5 kg or over, shall be paid the amount as set out in Item 10 of Table 5.
Employees working in close proximity to employees so engaged so as to be affected by the use of such substances or materials shall be paid the amount as set out in Item 10 of Table 5.
14.1.9.4 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.
14.1.10 Underground Work
14.1.10.1 An employee required to work underground shall be paid an underground allowance as set out in Item 11 of Table 5.
14.1.10.2 Where a shaft is to be sunk to a depth greater than 6 metres the payment of the underground allowance shall commence from the surface.
14.1.10.3 This allowance shall not be payable to employees engaged upon "pot and drive" work at a depth of 3.5 metres or less.
14.1.10.4 The underground allowance prescribed in subparagraph (14.1.10.1) of this subclause shall be paid for all purposes of the award.
14.1.10.5 In lieu of the underground allowance prescribed by subparagraph (14.1.10.1) of this subclause an employee required to work underground for no more than 4 days or shifts in an ordinary week shall be paid an underground allowance as set out in Item 11 of Table 5.
14.1.10.6 The allowance prescribed by this subclause shall be paid in addition to all applicable margins prescribed by clause 4, Margins, and any other amount prescribed elsewhere in this award.
14.1.11 Submarine Work — Employees required to work in a submarine which has been in commission shall:
14.1.11.1 If required to work inside the hull including the fin and external casing but excepting the compartments referred to in subparagraph 14.1.11.2 of this paragraph, be paid the amount as set out in Item 12 of Table 5.
14.1.11.2 If required to work in any of the following compartments, be paid the amount as set out in Item 12 of Table 5
14.1.11.2.1 Torpedo tube compartment
14.1.11.2.2 Ballast Tanks
14.1.11.2.3 Oil Tanks
14.1.11.2.4 Below the main floor plates in main machinery, auxiliary machinery, asdic and battery compartments.
14.1.11.3 Provided that where an employee is required to work inside "D", "O" and "R" tanks removing or installing gauges, switches and related circuitry or in an extended position in the space above batteries in the battery compartment, the rate payable under this subclause shall be paid the amount as set out in Item 12 of Table 5 in respect of time so worked.
14.1.12 Asbestos Eradication
14.1.12.1 Application — This subclause shall apply to employees carrying out electrical work in conjunction with any process of asbestos eradication as defined.
14.1.12.2 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.
14.1.12.3 Control - Where an employee is required to carry out electrical work in conjunction with any process of asbestos eradication, then such work shall be conducted in accordance with the relevant Occupational Health and Safety legislation and regulations, as amended from time to time.
14.1.12.4 An employee, to whom this subclause applies, shall be paid the amount as set out in Item 13 of Table 5 which shall be in lieu of special rates prescribed by this section with the exception of subparagraph (14.1.4) High Places, (14.1.6) Hot Places and (14.1.7) Cold Places of this section.
14.2 Section II — Additional Rates — Australian Glass Manufacturers Company, Pilkington — A.C.I. Operations Pty. Ltd., Crown Corning Limited, are exempt from subclause 14.1, Disability Rates of this clause, provided that they pay their Electrical Mechanics, Electrical Fitters and Electrical Instrument Fitters, an additional amount as set out in Item 14 of the said Table 5 and their electrical tradesmen's assistants an additional amount as set out in Item 14 of the said Table 5 in addition to the margins provided in clause 4, Margins.
These additional amounts are to cover all special rates and to compensate for additional skill and varying responsibilities.
14.2.1 Australian Iron and Steel Limited, John Lysaght (Australia) Limited and Broken Hill Proprietary Co. Ltd. Construction Sites.
14.2.1.1 Employees of contractors bound by this award engaged on construction work at the construction sites of Australian Iron and Steel Ltd at Port Kembla, John Lysaght (Australia) Ltd at Unanderra and the Broken Hill Proprietary Co. Ltd. at Newcastle shall be paid a construction allowance as set out in Item 15 of the said Table 5. The payment shall be made in compensation for the particular disabilities experienced at these sites.
14.2.1.2 An employee in receipt of the construction allowance prescribed by subparagraph 14.2.1.1 of this paragraph shall not be entitled to any of the special rates prescribed by this clause or by clause 15, Multi-Storey Allowances, of this award.
14.2.1.3 The construction allowance prescribed by subclause 14.2.1.1 shall be paid for all purposes of the award.
14.2.2 Corrective Establishment — An employee who is required to work in the maximum security sections of the corrective establishments shall be paid an allowance as set out in Item 16 of the said Table 5 for each hour so engaged. Such allowance shall be paid in addition to other special rates applicable to the employee under the terms of this award.
14.2.3 Construction Sites Generally
14.2.3.1 This subclause shall apply to an employee working on a site on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, and
14.2.3.2 A member or members of either the Industrial Commission of New South Wales by award or order prescribes a site allowance for conditions pertaining generally on that site to apply to employees of contractors and/or subcontractors who are employed under the terms of awards other than the Electricians', &c. (State) Award, then
14.2.3.3 The site allowance so prescribed under subclause 14.2.3.2 shall be deemed to be an allowance prescribed under this award and an employee to whom this award applies shall be paid the site allowance so prescribed.
Provided that any question arising for this subclause may be referred to the Electricians &c., (State) Industrial Committee for determination.
14.3 Section III — General
14.3.1 Limits to Accumulation — Where more than one of the rates and allowances prescribed by subclause 14.1, Disability Rates, provides payment for disability of substantially the same nature then only he/she highest of such rates shall be payable.
14.3.2 Rates not Subject to Penalty Addition — Except where otherwise specified, the extra rates herein prescribed shall be paid irrespective of the time at which the work is performed and shall not be subject to any premium or penalty additions.
14.3.3 Disputed Claims — In the case of a disagreement between the foreperson and an employee about the entitlement to any of the disability rates and allowances prescribed by subclause 14.1, Disability Rates, of this clause, the employee shall be entitled within 24 hours to ask for a decision on his/her claim by his/her employer, industrial officer, manager, superintendent or engineer. In such a case a decision shall be given on the employee's claim within 48 hours of its being made (unless the time expires on a non-working day, in which case it shall be given on the next working day) or else the special rate, allowance or conditions shall be paid or granted. In any case where the union is dissatisfied with the decision of the employer, industrial officer, manager, superintendent or engineer it shall have the right to bring such case before the Industrial Committee.
