AN120684 – Plumbers and Gasfitters (State) Consolidated Award

16. LIVING AWAY FROM HOME C DISTANT WORK

Qualification - An employee shall be entitled to the provisions of this clause when employed on a job or construction work at such a distance from his/her usual place of residence that he/she cannot reasonably return to that place each night.

(i) Employee's Address -

(a) The employer shall obtain, and the applicant shall provide the employer with, a statement in writing of his usual place of residence at the time the employee is engaged and no subsequent change of address shall entitle an employee to the provisions of this clause unless the employer agrees.

(b) The employee shall inform his/her employer in writing of any subsequent change in his usual place of residence.

(c) The address of the employee's usual place of residence and not the place of engagement shall determine the application of this clause.

(ii) Entitlement - Where an employee qualifies under the qualification paragraph above, the employer shall either -

(a) provide the worker with reasonable board and lodging; or

(b) pay an allowance per week of seven days as set out in Item 60 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, but such allowance shall not be wages. In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job the allowance shall be paid as set out in the said Item 60, provided that the foregoing allowance shall be increased if the employee satisfies the employer that he reasonably incurred a greater outlay than that prescribed. In the event of disagreement the matter may be referred to a Commissioner for determination; or

(c) in circumstances prescribed in subclause (vi), of this clause, provide camp accommodation and messing constructed and maintained in accordance with subclause (ix), of this clause.

"Reasonable board and lodging" shall mean lodging in a well-kept establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating and with hot and cold running water, in either a single room or a twin room if a single room is not available.

(iii) Travelling Expenses - An employee who is sent by his/her employer or selected or engaged by an employer or agent to go to a job which qualifies him/her to the provision of this clause, shall not be entitled to any of the allowances prescribed by clause 14, for the period occupied in travelling from his/her usual place of residence to the distant job, but in lieu thereof shall be paid -

(a) Forward Journey -

(i) For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities).

(ii) For the amount of a fare on the most common method of public transport to the job (bus; economy air, second class rail with sleeping berths if necessary, which may require a first class rail fare), and any excess payment due to transporting his tools if such is incurred.

(iii) For any meals incurred while travelling an amount per meal as set out in Item 61 of Table 2.

Provided that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues his/her employment within two weeks of commencing on the job and who does not forthwith return to his/her place of engagement.

(b) Return Journey - An employee shall, for the return journey, receive the same time, fares and meal payments as provided in paragraph (a) of subclause (iii), of this clause, together with an amount as set out in Item 62 of the said Table 2 to cover the cost of transporting himself/herself and his tools from the main transport terminal to his/her usual place of residence.

Provided that the above return journey payments shall not be paid if the employee terminates or discontinues his/her employment within two months of commencing on the job, or if he/she is dismissed for incompetence within one working week of commencing on the job, or is dismissed for misconduct.

(c) Departure Point - For the purposes of this clause, travelling time shall be calculated as the time taken for the journey from the Central or Regional rail, bus or air terminal nearest the employee's usual place of residence to the locality of the work.

(iv) Daily Fares Allowance - An employee engaged on a job which qualifies him/her to the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) shall be paid the allowance prescribed by clause 14.

(v) Weekend Return Home -

(a) An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or his/her representative, no later than Tuesday of each week, and who intends to return to his/her usual place of residence at the weekend, and who returns to his/her usual place of residence for the weekend, shall be paid an allowance as set out in Item 63 of Table 2 for each occasion.

(b) Paragraph (a) of this subclause shall not apply to an employee who is receiving the payment prescribed in subclause (ii), of this clause, in lieu of board and lodging being provided by the employer or who is receiving a camping allowance as prescribed in paragraph (b) of subclause (vi), of this clause.

(c) When an employee returns to his/her usual place of residence for a weekend or part of a weekend and does not absent himself/herself from the job for any of the ordinary working hours, no reduction of the allowances prescribed in paragraph (b) of subclause (ii) of this clause, shall be made.

(vi) Construction Camps -

(a) Camp Accommodation - Where an employee is engaged on the construction of projects which are located in areas where suitable board and lodging as defined in subclause (ii) of this clause, is not available, or where the size of the work force is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp, such camp shall be constructed and maintained in accordance with subclause (ix) of this clause.

(b) Camping Allowance C An employee living in a construction camp where free messing is not provided shall receive a camping allowance of as set out in Item 64 of Table 2 for every complete week he/she is available for work. If required to be in camp for less than a complete week he/she shall be paid an amount as set out in the said Item 64 per day including any Saturday or Sunday if he/she is in camp and available for work on the working days immediately preceding and succeeding each Saturday and Sunday. If an employee is absent without the employer's approval on any day, the allowance shall not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance shall not be payable for the Saturday and Sunday.

(c) Camp Meal Charges - Where a charge is made for meals in a construction camp, such charge shall be fixed by agreement between the parties.

(vii) Rest and Recreation -

(a) Rail or Road Travel - An employee who proceeds to a job which qualifies him/her to the provisions of this clause may, after two months' continuous service thereon and thereafter at three monthly periods of continuous service thereon, return to his/her usual place of residence at the weekend. If he/she does so, he/she shall be paid the amount of a bus or second class return railway fare to the bus or railway station nearest his/her usual place of residence on the pay day which immediately follows the date on which he/she returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend:

Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further 28 days after the expiration of any such period of two or three months as herein before mentioned, then the provisions of this subclause shall not be applicable.

(b) Limitation of Entitlement - Where an employee is entitled to paragraph (a) of this subclause such entitlement shall be established by agreement as soon as practicable after commencing on distant work. The entitlement shall be availed of as soon as reasonably practical after it becomes due and shall lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice shall lie with the employer).

(c) Service Requirements - For the purpose of this subclause, service shall be deemed to be continuous notwithstanding an employee's absence from work as prescribed in this clause or as prescribed in clause 34, Annual Holidays, continuous service provisions of this award.

(d) Variable Return Home - In special circumstances, and by agreement with employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual entitlements.

(e) Non-Payment in Lieu - Payment of fares and leave with pay as provided for in this subclause shall not be made unless availed of by the employee.

(viii) Termination - An employee shall be entitled to notice of termination in sufficient time to arrange suitable transport at termination or shall be paid as if employed up to the end of the ordinary working day before transport is available.

(ix) Construction Camp Standards -

(a) Construction camps, as referred to in subclause (iv) of this clause, Living Away From Home - Distant Work, shall comply with the following standards:

(i) The camp shall provide for accommodation in single rooms, of dimensions not less than 14 cubic metres per person and shall have a timber, aluminium or similar floor with floor covering provided. Each room shall be furnished with reasonable sleeping accommodation including a mattress, pillow and blankets together with a table or reasonable substitute therefore, a seat and a wardrobe for each person.

(ii) Each room shall be fitted with a door and moveable window of reasonable dimensions fitted with a gauze screen. Each room shall be ceiled and lined. Good artificial lighting shall be provided in each room.

(iii) Except where corridor type barracks are provided, a verandah shall be constructed in front of each room. Where reasonably required, provisions shall be made for the heating of rooms or cooling by fan.

(iv) Provisions shall be made in the camp for reasonable washing facilities including hot and cold showers. Reasonable provisions shall be made for the washing of clothes. Toilets shall be adequate and sewered where possible, situated within reasonable distance from the living quarters, access to which shall be by properly lighted paths.

Provisions shall be made for the effluent from the kitchen, laundry and showers to be carried away in closed pipes and dispersed in such a way as to avoid any risk to health. In any such camp messing shall be made available by the employer with provisions of a choice of meals.

(b) Where construction camp accommodation is not provided and the employer provides caravan accommodation the employer and the unions (where applicable) shall confer as to reasonable standards for such accommodation. In the absence of agreement being reached the matter shall be referred to the Industrial Relations Commission.