AN170010 – Building and Construction Industry Award

39. COMPENSATION FOR CLOTHES AND TOOLS

(a) An employee whose clothes, spectacles, hearing aids or tools have been accidentally spoilt by acid, sulphur or other deleterious substances, shall be paid such amount to cover the loss thereby suffered by the employee as may be agreed upon between the employee and the employer or, in default of agreement, as may be fixed by the Commission.

(b) An employee shall be reimbursed by the employer to a maximum of $1348.00 for loss of tools or clothes by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job, or workshop, or in a lock-up as provided in this award or if the tools are lost or stolen while being transported by the employee at the employer's direction, or if the tools are accidentally lost over water, or if tools are lost or stolen during an employee's absence after leaving the job because of injury or illness.

PROVIDED that an employee transporting his/her own tools shall take all reasonable care to protect those tools and prevent theft or loss.

(c) Where an employee is absent from work because of illness or accident and has advised the employer in accordance with subclause 33(c) this award, the employer shall ensure that the employee's tools are securely stored during such absence.

(d) When an employer requires an employee to wear spectacles with toughened glass lenses the employer will pay the cost of the toughening process.

(e) PROVIDED that for the purpose of this clause:

(i) only tools used by the employee in the course of his/her employment shall be covered by this clause;

(ii) the employee shall, if requested to do so, furnish the employer with a list of tools so used;

(iii) same or comparable quality;

(iv) the employee shall report any theft to the police prior to making a claim on the employer for replacement of stolen tools.