AN150011 – AWU/CFMEU Construction and Maintenance Award (South Australia) 1989
CLAUSE 23. FARES AND TRAVELLING TIME
OPDATE 01:05:99 1st pp on or after
01:08:99 1st pp on or after
01:11:99 1st pp on or after
The following transport allowances shall be reimbursed to employees as compensation for the travel patterns and mobility requirements of the industry:
Metropolitan radial areas
(a) When employed on work located within a radius of 30 km from the G.P.O. Adelaide:
- $9.90 per day (1st pp on or after 1/5/1999)
- $10.50 per day (1st pp on or after 1/8/1999)
- $11.10 per day (1st pp on or after 1/11/1999).
Distant jobs
(b) When an employee is working on a distant job as defined by subclause 24(a) of this award, the following allowances shall be paid when the work is carried out away from the place where, with the employer's approval, the employee is accommodated for the distant job:
When employed on work located within 30 km from the place of accommodation:
- $9.90 per day (1st pp on or after 1/5/1999)
- $10.50 per day (1st pp on or after 1/8/1999)
- $11.10 per day (1st pp on or after 1/11/1999
Country radial areas
(c) 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 subclauses (a) and (b) hereof for the purpose of engaging in construction work therefrom shall, in respect to employees engaged for work for the establishment, pay the following allowances:
When employed on work located within 30 km from the post office nearest the employer's establishment:
- $9.90 per day (1st pp on or after 1/5/1999)
- $10.50 per day (1st pp on or after 1/8/1999)
- $11.10 per day (1st pp on or after 1/11/1999)
Provided that where the employer has an establishment in more than one such place, the establishment nearest the employee's usual place of residence shall be the establishment taken into account, and the employee shall be entitled to the provisions of subclause (d) hereof when travelling to a job outside the radial area of the establishment nearest his residence.
Travelling outside radial areas
(d) Where an employee travels daily from inside any radial area mentioned in subclauses (a), (b) or (c) hereof to a job outside that area, he shall be paid:
(i) the relevant allowance prescribed by subclause (a), (b) or (c); and
(ii) in respect of travel from the designated radius to the job and return to that radius:
(A) 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;
(B) any expenses necessarily and reasonably incurred in such travel, which shall be 31 cents (1st pp on or after 1/5/1999); 33 cents (1st pp on or after 1/8/1999) and 35 cents (1st pp on or after 1/11/1999) per kilometre where the employee uses his own vehicle.
Provided that an employee on such a job whose residence is outside the radial areas prescribed herein shall be entitled to the provisions of paragraph (i) above, but not (ii) above.
Travelling between radial areas
(e) The provisions of subclause (d) hereof shall also apply to an employee who is required to travel daily from one of the areas mentioned in subclauses (a) and (c) hereof to an area or another area mentioned in subclauses (a) and (c).
Provision of transport
(f)(i) Subject to paragraphs (ii) and (iii) hereof the allowance prescribed in this clause except the additional payment prescribed in subclauses (d) and (e) shall not be payable on any day on which the employer provides or offers to provide transport free of charge from the employee's home (or, in the case of subclause (b) the employee's place of accommodation) to the place of work and return; provided that any transport supplied is equipped with suitable seating accommodation and is covered when necessary so as to be suitable seating accommodation and is covered when necessary so as to be weatherproof.
(ii) The relevant fares allowance prescribed in this clause shall be payable in respect of any day on which the employer provides a vehicle free of charge to the employee and pursuant to the contract of employment the employee is required by the employer to drive such vehicle from the employee's home to the place of work and return.
(iii) Time spent by an employee travelling from the employee's home (or, in the case of subclause (b), the employee's place of accommodation) to the place of work and return outside ordinary hours shall not be regarded as time worked for any purpose of this award and no travelling time payment shall be made in respect thereof except to the extent provided in and in accordance with Clause 19 and subclauses 23(d), 23(e) and 24(d) of this award. Provided that paragraphs (ii) and (iii) of this subclause shall have no application in the case of an employee directed by the employer to pick up and/or return other employees to their homes.
Work in fabricating yard
(g) When an employee is required to perform prefabricated work in an off site yard and is then required to erect or fix on site, the provisions of this clause shall apply.
Requirement to transfer
(h) 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.
Transfer during ordinary working hours
(i) An employee transferred from one site to another during 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 most convenient public transport between such sites.
Provided that where an employer requests an employee to use his own car to effect such transfer and such employee agrees to do so the employee shall be paid an allowance at the rate of 57 cents (1st pp on or after 1/5/1999); 61 cents (1st pp on or after 1/8/1999) and 65 cents (1st pp on or after 1/11/1999) per kilometre. Daily entitlement (j) 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 and for the paid day or shift off as prescribed in clauses 16 or 17 of this award.
Employees required to drive plant off site
(k) Notwithstanding anything elsewhere contained in this clause, time occupied by an employee by direction of the employer in driving plant to a camp or centre or job from any point and/or return shall be regarded and paid for as working time.
Transport from employer's yard
(l)(i) An employee who, by mutual agreement with an employer, reports for work at a permanent off site yard established by the employer and is transported from such yard to the place of work and return shall not be paid the daily fares allowances prescribed by subclauses (a), (b), (c), (d), and (e) of this clause.
(ii) All time spent by the employee in such transportation shall be counted as time worked.
(iii) Transport provided by the employer pursuant to this subclause shall be free of charge, equipped with suitable seating accommodation, and covered when necessary so as to be weatherproof.
