AN170010 – Building and Construction Industry Award
(a) All wages, allowances and other monies shall be paid in cash or, if there is agreement in writing between the employer and the employee, by cheque, bank cheque, electronic funds transfer (EFT) or similar transfer or any combination thereof.
(b) The following provisions of this subclause shall apply to tradespersons and builders labourers:
(i) An employee paid by other than cash shall be allowed reasonable time as agreed between the employer and the employee, to attend the branch of the employees bank nearest the workplace to cash such cheques or draw upon the accounts during working hours.
(ii) Failure to reach agreement on reasonable time shall be dealt with in accordance with Clause 37 – Settlement of Disputes of this award.
(iii) Payments shall be paid and available to the employee not later than the cessation of ordinary hours of work on Thursday of each working week.
(c) In any week in which a holiday falls on a Friday, wages accrued shall be paid on the previous Wednesday. When a holiday occurs on any Thursday, wages accrued may be paid on the following Friday. Nothing shall prevent any alternative mutual arrangement between an employer and an employee.
(d) The employer shall not keep more than two days’ wages in hand.
(e) When notice is given in accordance with Clause 12 – Termination of Employment of this award all monies due to the employee shall be paid at the time of termination. Where this is not practicable the provisions of subclause (i) hereof shall apply.
(f) Where, on any pay day, work ceases for the day because of inclement weather an employee shall be paid all wages, allowances and other monies due without undue delay.
(g) An employee who has not received their wages on pay day after more than a quarter of an hour after the usual time of ceasing work (for reasons other than circumstances beyond the control of the employer), shall be paid at overtime rates after that quarter-hour with a minimum of a quarter of an hour, up until the wages are actually paid.
(h) Particulars of details of payment to each employee shall be included on the envelope including the payment, or in a statement handed to the employee at the time payment is made, and shall contain the following information:
● name of the employee;
● classification of the employee in accordance with the award;
● date of payment;
● period covered by such payment;
● the ordinary hourly rate;
● the number of hours employed in the period at the ordinary rate;
● the amount of the payment made at the ordinary rate;
● any overtime rates;
● the number of hours employed at the overtime rates;
● the amount of the payment at overtime rates;
● any allowances or special rates not included in the hourly rate paid and the nature thereof;
● the gross amount of the payment;
● the net amount of the payment;
● the amount and purpose of any deductions made;
● the name, or the name and number of the fund or account into which the amount of the deduction was paid;
● the amount of each superannuation contribution made during the period;
● the fund into which the superannuation contributions were made and the employee number;
● the employees long service leave registration number;
● annual holiday payments; and
● payment due on termination, including payment for annual leave, rostered day off accumulation, and public holidays.
(i) Where an employee or employer gives notice in accordance with Clause 12 – Termination of Employment of this award and monies due are not paid on termination, the employer shall have two working days to send monies due to the employee by registered post (or where paid by EFT the monies are transferred into the employee’s account), PROVIDED that if the money is not posted (or transferred) within that time, the time spent waiting beyond the two working days shall be paid for at ordinary rates, such payment to be at the rate of eight hours’ pay per day up to a week’s pay when the right to waiting time shall terminate.
(j) Part-Time Employees
The method of paying wages to an employee working on a part-time basis shall be in terms recorded as being agreed between the employer and the employee pursuant to Clause 34 – Parental Leave, subclause (k) – Part-Time Work of this award.
