AN170010 – Building and Construction Industry Award

AN170010 – Building and Construction Industry Award

PART 11 - EMPLOYMENT RELATIONSHIP AND ASSOCIATED MATTERS

7. DEFINITIONS

For the purposes of this award:

‘Articulated’ means jointed, i.e.: a machine that has the chassis hinged in a manner to allow movement for turning.

‘Attachments’ mean those components which can be fitted to earth moving and construction machinery which will increase the field of application of the basic machinery.

‘Ballast’ means the mass added to a machine to increase traction, ground pressure or stability, e.g. loaders, rollers.

‘Bridge and wharf carpentry’ means the carrying out or responsibility for, with or without supervision, the marking out and the measurement of all timber including the jointing, connecting and final dressing to size of hewn, sawn, round or dressed timber, for the checking and seating of girders and corbels and other work involving final measurement, cutting accurately to size and fitting of timber, with or without plans, in or in connection with the erection, maintenance, alteration, renovation or demolition of:

(a) bridges, culverts, wharves, piers, jetties, dolphins and similar types of work of heavy engineering construction;

(b) timber composite coal or metal storage bins and hoppers;

(c) timber work on gantries, towers, flying fox towers, swimming baths, tank stands, dams and reservoirs on which an axe or adze is used in the preparation or fitting;

(d) coffer-dams apart from shipping;

(e) cattle stops and rabbit stops, ramps, buffer stops, water races, pits and heavy timber work in railway platforms, trucking yards and stockyards;

(f) generally all heavy construction work which necessitates the use of an axe or adze in the preparation and fitting of such carpentry work;

(g) all falsework and concrete formwork in connection with any of the above-mentioned structures except concrete formwork of special design or finish which requires the special skill of a carpenter and joiner. In each case the employer shall determine which portion of the formwork requires the special skill of a carpenter and joiner;

(h) bridge and wharf carpentry shall not include any work in connection with the construction or erection of buildings.

‘Chassis mounted’ means mounted on a vehicle but having an independent power unit.

‘Commission’ means the Tasmanian Industrial Commission.

‘Construction work’ - For the purposes of subclause 3(a) of this award, means all work performed under this award in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the making, assembling or fixing of woodwork and fittings in connection therewith, the making, preparing, assembling, and fixing of any material necessitating the use of tradesperson’s tools or machines including all work performed by stonemasonry classifications, and the prefabricating of a building in an open yard.

‘Continuous service’ - For the purposes of this award service shall be deemed to be continuous notwithstanding an employee’s absence from work for any of the following reasons:

(a) annual leave, personal leave or parental leave;

(b) illness or accident up to a maximum of four weeks after the expiration of paid sick leave;

(d) injury received during the course of employment and up to a maximum of 26 weeks for which the employee received worker’s compensation;

(e) where called up for military service for up to three months in any qualifying period;

(f) long service leave;

(g) any reason satisfactory to the employer or, in the event of a dispute, to the Commission. Provided that the reason shall not be deemed satisfactory unless the employee has informed the employer within 24 hours of the time when the employee was due to attend for work, or as soon as practicable thereafter, of the reason for the absence and probable duration.

‘Crane’ means a specially designed structure equipped with mechanical means for moving a load by raising and/or lowering and transporting it while jib is in a state of motion or suspension.

‘Crane, mobile’ means a crane usually of the jib-type, mounted on a specially designed chassis to permit both load manipulation and travelling under its own power.

‘Crane, tower’ means a cantilever or jib-type crane mounted on a tower to facilitate the handling of load to greater heights than would otherwise be possible.

‘Crawler’ see ‘Track type’

‘Drawn’ means capable of being moved, usually on wheels, skids, etc, in the working mode by being pulled by an independent prime mover.

‘Dumper’ means a self propelled unit designed for the transportation of soil, sand, rock etc, off the highway.

‘Excavator’ means a self-propelled machine with an upper structure capable of 360 degrees rotation, which digs, elevates, swings, and dumps material by action of a bucket fitted to the boom and arm, or telescoping boom, without moving the undercarriage during any cycle of the machine.

‘Fork-lift’ means a self-propelled machine which raises, lowers and transports loads by power operated tines or other attachments.

‘Gradall’ means a mobile machine fitted with an hydraulic and/or cable operated boom with a bucket attachment fitted to the end of the boom by means of a pivot head, used primarily for battering banks.

‘GRADER’

(a) ‘Motor grader’ means a self-propelled machine having an adjustable blade positioned between the front and rear axles to cut, move or spread material to grade requirements.

(b) ‘Drawn grader’ means a drawn machine having an adjustable blade to cut, move and spread material, usually to grade and slope requirements.

‘LOADERS’

(a) ‘Front-end and overhead loader’ means a self-propelled machine, with an integral front-mounted bucket supporting structure, and linkage that loads material into the bucket through forward motion of the machine, and lifts, transports and discharges the material from either the front end (in the case of a front-end loader) or by passing it overhead (in the case of an overhead loader).

(b) ‘Bucket loader’ means a machine fitted with a gathering device and endless elevating chain or belt to which is attached a series of buckets.

(c) ‘Belt force loader’ means a self-propelled machine fitted with a feed endless elevating belt and gathering device.

(d) ‘Belt loader’ means a stationary machine fitted with endless elevating belts with a hopper device.

‘PENALTY RATES’

(a) ‘Ordinary time’ means rates as calculated in accordance with Clause 13 – Wage Rates of this award.

(b) ‘Time and a half’ means ordinary time plus 50 percent.

(d) ‘Double time and a half’ means ordinary time plus 150 percent.

‘Portable’ means intended to be carried intact.

‘Rigid’ means a fixed chassis not capable of movement within the frame, e.g. track dozers and loaders.

‘Roller/compactors’ means mobile machinery designed to consolidate material over which it travels.

‘Scraper’ means a self-propelled machine, having a cutting edge or other type of leading mechanism positioned between the front and rear axles, which loads, transports, discharges and spreads material through forward motion of the machine.

‘Self-propelled’ means capable of moving under its own power.

‘Sheepsfoot’ means rows of individual feet attached to the periphery of the drum of a roller or compactor to increase ground pressure. (May also be known as ‘tamping feet’ or ‘padfoot’).

‘Shovel’ means a self-propelled machine with an upper structure capable of 360 degree rotation which loads material by a forward motion of the bucket (outwards) which elevates, swings and dumps by action of a bucket fitted to a boom and arm without moving the under carriage during any one cycle of the machine.

‘Static’ means non-vibratory, i.e. a roller compacting by dead weight only without the additional means of extra force or thrust caused by shaking.

‘Stationary’ means operates in a fixed position.

‘Tandem drive’ means a pair of close-coupled driving axles.

‘Towed’ see ‘Drawn’

‘Track type’ means a machine equipped with continuous self-laying track.

‘TRACTORS’

(a) ‘Rubber tyred/pneumatic’ means a prime mover mounted on two or more wheels and normally used for pushing or pulling equipment and/or the operation of power operated attachments.

(b) ‘Track type/crawler’ means a prime mover mounted on continuous self-laying tracks and normally used for pushing or pulling equipment and/or the operation of power operated attachments.

‘Twin powered’ means machinery fitted with dual power sources, e.g. scrapers, excavators.

‘Union’ means the unions set out in Clause 5 - Award Interest, of this award.

‘Vibratory’ means to move to and fro rapidly and continuously to cause a shaking movement generally by means of out of balance weights. Motor drive, i.e. a drawn or self-propelled roller capable of compacting by means of extra force or thrust caused by shaking.

‘Winch’ means a hand or power operated machine usually having a geared winding drum(s) with or without clutches and brakes, used for exerting a pull by means of a rope wound round the drum(s).

‘Winder’ means a type of power operated winch fitted with additional safety devices to make it suitable for hauling of persons and materials up vertical or incline tracks.