AN120684 – Plumbers and Gasfitters (State) Consolidated Award

14. COMPENSATION FOR TRAVEL PATTERNS AND MOBILITY REQUIREMENTS OF EMPLOYEES AND THE NATURE OF EMPLOYMENT IN THE CONSTRUCTION WORK COVERED BY THIS AWARD

(1) The following fares allowance and travelling allowance and conditions shall apply to employees employed under the terms and conditions of the award 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 Counties of Cumberland, Northumberland or Camden an amount set out in Item 55 of Table 2 C Other Rates and Allowances, of Part B - Monetary Rates.

(b) When employed on a distant job as defined in clause 16, Living Away from Home-Distant Work, the foregoing allowance shall be paid for work performed within a radius of 50 kilometres from the place where, with employer's approval, the employee is accommodated for the distant job.

(c) An employer whose business or branch (other than a construction site) is established in the cities of Penrith, Newcastle or Campbelltown for the purpose of engaging in construction work therefrom, shall pay an amount set out in the said Item 55 per day to employees engaged on work located within a radius of 50 kilometres from the principal post office in such city.

(d) An employer whose business or branch or section thereof is established in any place (other than on a construction site) outside the areas mentioned in paragraphs (a), (b) and (c) of this subclause for the purpose of engaging in construction work therefrom, shall in respect of employees engaged for work for that establishment pay the allowance as set out in paragraph (a) of this subclause, for work located within a radius of 50 kilometres from the post office nearest to that establishment. Where the employer has an establishment in more than one such place, the establishment nearest the employee's residence shall be the establishment that shall be taken into account.

(e) The above-stated allowance 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 is temporarily living.

(f) 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 transport.

(g) 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.

(h) An employee transferred from one site to another during ordinary 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 convenient public transport between such sites: Provided that where an employer requests an employee to use his own car to effect such a transfer and such employee agrees to do so the employee shall be paid an amount as set out in Item 56 of the said Table 2.

(i) Where an employee travels daily to a job located outside the Counties of Cumberland, Northumberland or Camden, or any of the 50 kilometre radial areas mentioned in paragraphs (b), (c) or (d) of this subclause, he/she shall be paid:

(a) the allowance prescribed in paragraphs (a), (b), (c) or (d) of this subclause;

(b) in respect of travel from the designated County boundary or radius to the job and return to the boundary or radius -

(i) 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;

(ii) any expenses necessarily and reasonably incurred in such travel, which shall be an amount per kilometre as set out in Item 57 of Table 2 where the employee uses their own vehicle.

Residing Outside Radial Areas - An employee on such a job whose residence is outside the radial areas or Counties prescribed therein shall be entitled to the provision of subparagraph (a) of this paragraph, but not this subparagraph.

(j) The provisions of section (i) of subparagraph (b) of paragraph (j) of this subclause shall also apply to an employee who is required by the employer to travel daily from one of the areas mentioned in paragraphs (a) and (c) of this subclause to an area, or another area, mentioned in subclause (1) (a) and (b).

(k) The provisions of this section shall not apply to an employee when required to work at his/her regular place of employment at a plumbing and/or gasfitting shop: Provided, however, that such employee when required to commence work away from his/her regular place of employment shall be entitled to the provisions of this clause.

(l) When in any centre outside the Counties of Cumberland, Northumberland or Camden an employee is required to regularly commence work at a regular place at a plumbing and/or gasfitting shop, the allowance provided in paragraph (a) of this subclause shall not be payable. Provided, however, that if such employee is transported to another location by his/her employer and travel is undertaken before or after the usual working hours then such travel shall be paid for at ordinary rates.

(m) The travelling allowances prescribed in this clause shall not be taken into 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 employer's requirements works or reports for work or allocation of work.

(2) Continuation of Practice - The provisions of this clause shall continue to apply to employees working at any workshop, yard or depot (either presently or future existing) in the same manner as applied prior to 31 August 1979.