AN160140 – Gate, Fence and Frames Manufacturing Award
(1) Where an employee is engaged or selected or advised by an employer to proceed to construction work at such a distance that the employee cannot return home each night and the employee does so, the employer shall provide the employee with suitable board and lodging or shall pay the expenses reasonably incurred by the employee for board and lodging.
(2) The provisions of subclause (1) of this clause do not apply with respect to any period during which the employee is absent from work without reasonable excuse and in such a case, where the board and lodging is supplied by the employer, the employer may deduct from money owing or which may become owing to the employee an amount equivalent to the value of that board and lodging for the period of the absence.
(3) Subject to the provisions of subclause (5) of this clause -
(a) the employer shall pay all reasonable expenses including fares, transport of tools, meals and if necessary, suitable overnight accommodation incurred by an employee or person engaged who is directed by the employer to proceed to the locality of the site and who complies with such direction.
(b) the employee shall be paid at ordinary rate of payment for the time up to a maximum of eight hours in any one day incurred in travelling pursuant to the employer's direction.
(4) Where an employee who, after one month of employment with an employer, leaves the employment, or whose employment is terminated by the employer except for incompetency, within one working week of commencing work on the job or for misconduct and in either instance subject to the provisions of Clause 5. - Contract of Service of this award returns to the place from whence the employee first proceeded to the locality, or to a place less distant than or equidistant to the place whence the employee first proceeded, the employer shall pay all expenses - including fares, transport of tools, meals and, if necessary, suitable overnight accommodation - incurred by the employee in so returning. Provided that the employer shall in no case be liable to pay a greater amount under this subclause than the employer would have paid if the employee had returned to the locality from which the employee first proceeded to the job.
(5) On construction work north of the 26th parallel of south latitude the following provisions apply -
(a) The employer may deduct the amount of the forward fare from the employee's first or later wages but the amount so deducted shall be refunded to the employee if the employee continues to work for three months or, if the work ceases sooner, for so long as the work continues.
(b) If the employee continues to work for the employer for at least six months the employer shall, on termination of the employee's engagement, pay the fare of the employee back from the place of work to the place of engagement if the employee so desires.
(6) An employee to whom the provisions of subclause (1) of this clause apply shall be paid an allowance of $27.25 for any weekend the employee returns to the employee’s home from the job, but only if -
(a) The employee advises the employer or the employer's agent of the employee's intention not later than the Tuesday immediately preceding the weekend in which the employee so returns;
(b) The employee is not required for work during that weekend;
(c) The employee returns to the job on the first working day following the weekend; and
(d) The employer does not provide, or offer to provide, suitable transport
(7) Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $12.00 per day, provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess travelling time shall be paid for at ordinary rates, whether or not suitable transport is supplied by the employer.
(8) The provisions of subclauses (1),(2),(3),(6) and (7) of this clause shall be deemed to apply to an employee who is in the regular employment of an employer and who is sent by the employer to distant work (whether construction work or not) but the provisions of subclause (4) of this clause do not apply to such an employee.
(9) (a) Notwithstanding any other provisions contained in this clause and in lieu of any such provisions the following conditions shall apply to an employee who is engaged or selected or advised by an employer to proceed to construction work at such a distance that the employee cannot return home each night and where such construction work is located north of the 26th parallel of south latitude or in any other area to which air transport is the only practicable means of travel:
(i) An employee may return home or to Perth or to any other place at a weekend to be mutually agreed upon between the employee and his employer:
(aa) After four consecutive months' service with his employer; and in addition to the weekend the employee shall be entitled to two days' leave on ordinary pay subject to the provisions of placitum (ii) of this paragraph, and
(bb) After each further period of four months continuous service with the employer; and in addition to the weekend, the employee shall be entitled to two days leave, one of which days shall be on ordinary pay subject to the provisions of placitum (ii) of this paragraph.
(ii) Where an employee returns home or to Perth or any other place in accordance with the provisions of this subclause and returns to the job and commences work at the time arranged with the employer, on the first working day for that employee immediately following the period of leave referred to in placitum (i) of this paragraph, that employee shall be paid at the completion of the first pay period commencing on or after the day upon which the employee returns to work from the leave taken pursuant to placitum (i) of this paragraph the ordinary pay for that period of leave and the actual cost of air fares incurred in travelling home or to Perth or to any other place and to the job and which in no case shall exceed the cost of an economy air fare from the job to Perth and return.
(iii) The entitlement to leave and travelling accruing to an employee pursuant to placitum (i) of this paragraph may be availed of as soon as reasonably practicable after it becomes due and if it is not availed of within one month after it so becomes due the entitlement shall lapse.
(b) Any time in respect of which an employee is absent from work except time for which the employee is entitled to claim payment pursuant to Clause 11. - Absence Through Sickness of this Award or time spent on holidays pursuant to subclause (1) of Clause 9. - Holidays and Annual Leave of this Award shall not count for determining the employee's rights to travel and leave under the provisions of this subclause.
