AN120684 – Plumbers and Gasfitters (State) Consolidated Award
(i) Wet Work - If an employee is called upon to work in either mud or water, or in the rain, or on a raft, or in an open boat, he/she shall be paid an amount as set out in Item 19 of Table 2 – Other Rates and Allowances, of Part B, Monetary Rates, for time so worked.
Such payment shall also be made when an employee is called upon to work upon a punt, pontoon or catamaran, the freeboard of which is to be 304.8 millimetres or less. No employee shall be permitted to work alone on a punt or raft.
(ii) Insulation Material - An employee who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognised insulating material of a like nature or working in the immediate vicinity so as to be affected by the use thereof, an amount as set out in Item 20 of Table 2 or part thereof.
(iii) Employees employed in temperatures below 0 degrees Celsius shall be paid an amount as set out in Item 21 of Table 2 for time so worked and shall be supplied also with suitable boots when required. Employees working in temperatures below 0 degrees Celsius shall be entitled to 15 minutes rest period after each two hours worked.
(iv) All work, other than chokages hereinbefore mentioned, in connection with WC's, urinals, soil or waste pipes where used principally by venereal patients in hospitals or ships, shall be paid an amount as set out in Item 22 of Table 2, provided that, the extra payment need not be made if suitable gloves and (where necessary) suitable boots, all of which shall remain the property of the employer, are supplied to the employee concerned for his use during such work.
(v) Employees working for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 and 54 degrees Celsius shall be paid an amount as set out in Item 23 of Table 2 in places where the temperature exceeds 54 degrees Celsius an amount as set out in the said Item 23 shall be paid. Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, employees shall also be entitled to 20 minutes rest after every two hours' work without deduction of pay. The temperature shall be decided by the foreman of the work after consultation with the employees who claim the extra rate.
(vi) Work including work performed with second hand materials, which a foreperson and worker agree is of an unusually dirty or offensive nature and for which no other special rates are prescribed, shall be paid for by an additional amount at the rate as set out in Item 24 of Table 2 the rate prescribed by clause 6, Wages. In the case of disagreement between the foreperson and worker, the latter shall be entitled within 12 hours to ask for a decision on his/her claim by the employer, his/her industrial officer, manager or superintendent. In such a case, a decision shall be given on the worker's claim within 24 hours of its being asked for (unless the time expires on a non working day, in which case it shall be given on the next working day) or else the said rate shall be paid. In any case where the union is dissatisfied with the decision of the employer, his/her Industrial Officer, Manager or Superintendent, it shall have the right to bring such case before the Industrial Relations Commission of New South Wales.
(vii) An employee of Orica Australia Engineering engaged at its Botany works on maintenance inside buildings where chlorine gas and/or hydrogen sulphide gas are manufactured or handled, shall be paid an amount as set out in Item 25 of Table 2 or part thereof during which such employee is so engaged. Notwithstanding the provisions of subclause (xxviii), of this clause, the rate prescribed by this subclause shall be payable in addition to such rate (if any) as may also be applicable under the provisions of this award, it shall be paid irrespective of the time at which the work is performed and shall not be subject to any premium or penalty additions.
(viii) Employees engaged on electric welding applicable to plumbing, other than those covered by paragraph (c) of subclause (iii) of clause 7, Additional Wage Rates, shall receive an amount as set out in Item 26 of Table 2 for the time so worked.
(ix) An employee who is an authorised operator of explosive powered tools shall be paid an amount as set out in Item 27 of Table 2 for each day when required to use these tools.
(x) (a) An employee who is required to work in maximum security sections of the Corrective Service Establishments, shall be paid an amount as set out in Item 28 of Table 2 for each hour so engaged in addition to the other special rates of this clause.
(b) An employee who is required to work in a geriatric hospital controlled by the Department of Health, N.S.W. shall be paid an amount as set out in Item 29 of Table 2 in addition to other special rates of this clause.
(xi) Employees engaged in fixing or repairing a roof or any other work in excess of 12.2 metres from the nearest floor level shall be paid an amount as set out in Item 30 of Table 2 with a minimum payment as set out in the said Item 30. Examples of such work are work on roofs in churches or stores).
(xii) Employees working in tuberculosis hospitals or homes shall, if they so request, be X rayed at the employer's expense and in his time at termination of employment at such hospitals or homes or each six months, whichever is the lesser.
(xiii) Employees working in mental institutions shall be paid an amount as set out in Item 31 of Table 2 in addition to all other rates payable under this award. Such additional payment shall not be taken into account in the calculation of overtime or other penalty rates: Provided that payment under this clause shall not be made in respect of work done in such areas as may be agreed upon with The New South Wales Plumbers and Gasfitters Employees' Union.
(xiv) An employee engaged in tunnel and sewer work and in underground shafts exceeding in each case three metres in depth - an amount as set out in Item 32 of Table 2.
(xv) An employee engaged on alterations or repairs to boilers, flues, furnaces, retorts and kilns – an amount as set out in Item 33 of Table 2.
(xvi) An employee required to work in the construction of chimneys and air shafts where the construction exceeds 15 metres in height shall be paid, for all work above 15 metres an amount as set out in Item 34 of Table 2 with an amount as set out in the said Item 34 additional for work above each further 15 metres.
(xvii) An employee required to work in a bosun's chair or on a swinging scaffold shall be paid an amount as set out in Item 35 of Table 2 for the first 4 hours or any portion thereof and an amount as set out in the said Item 35 for each hour thereafter whilst so engaged. An employee shall not be required to raise or lower a swinging scaffold alone.
(xviii) An employee working on any structure at a height of more than 12.2 metres where an adequate fixed support not less than 0.75 metres wide is not provided shall be paid an amount as set out in Item 36 of Table 2. This subclause shall not apply to an employee working on a bosun's chair or on a swinging scaffold.
(xix) Employees working in sanitary works in operation shall be paid an additional amount as set out in Item 37 of Table 2 or part thereof.
(xx) Employees working in slaughtering yards shall be paid at the rate as set out in Item 38 of Table 2.
(xxi) An employee working on a scaffold or bosun's chair set outside a building, irrespective of the state of construction, shall be paid the same rate as would be paid under clause 13, Multi storey Allowance, for work at that level.
(xxii) (a) All employees working in districts west and north of and excluding State Highway No. 17 from Tocumwal to Gilgandra, State Highway No. 11 from Gilgandra to Tamworth, Trunk Road No. 63 to Yetman and State Highway No. 16 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 39 of Table 2.
(b) All employees in the Western Division of the State shall be paid an amount as set out in Item 40 of Table 2.
(c) All 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, thence by a line drawn from Blowering southwest to Welaregang and on to the Murray River, thence 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 41 of Table 2 or part thereof.
(xxiii) An employee who works in a place where the dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation shall be paid an amount as set out in Item 42 of Table 2 or part thereof.
(xxiv) 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 and, where such safeguards include the mandatory wearing of protective equipment, such employees shall be paid an amount as set out in Item 43 of Table 2 whilst so engaged.
(xxv) Towers Allowance - An employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft, cooling tower, water tower or silo, where construction exceeds 15 metres in height shall be paid for all work above 15 metres, an amount as set out in Item 44 of Table 2 with an amount as set out in the said Item 44 per hour additional for work above each further 15 metres.
(xxvi) Toxic Substances -
(a) Employees 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 material.
(b) Employees using such materials will be provided with and shall use all safeguards as are required by an appropriate Government authority or in the absence of such requirement such safeguards as are defined by a competent authority or person chosen by the union and the employer.
(c) Employees using toxic substances or materials of a like nature shall be paid an amount as set out in Item 45 of Table 2. Employees working in close proximity to employees so engaged shall be paid an amount as set out in the said Item 45.
(d) For the purposes of this subclause toxic substances shall include epoxy resin 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.
(xxvii) An employee required to work in a place where fumes of sulphur or other offensive fumes are present shall be paid such rates as are agreed upon between him/her and the employer: Provided that in default of agreement, the matter may be referred to the Industrial Registrar to be determined by a Commissioner, the Industrial Committee or the Industrial Relations Commission of New South Wales. 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.
(xxviii) Where more than one of the above rates provide payment for disabilities of substantially the same nature, then only the highest of such rates shall be payable.
(xxix) The above rates shall not, except where expressly provided to the contrary, form part of the ordinary rates of payment for the purpose of calculation of overtime.
(xxx) Asbestos Eradication
(a) 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.
(b) Definition: Asbestos eradication is defined as work on or about building, involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.
(c) Control: refer to the relevant New South Wales Occupational Health and Safety Legislation."
(d) Rate of Pay: In addition to the rates prescribed in this award, an employee engaged in asbestos eradication (as defined) shall receive an amount as set out in Item 46 of Table 2 worked in lieu of special rates as prescribed in this clause, with the exception of subclauses (iii), (v) and (xvii), of this clause.
(e) 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.
