AN170010 – Building and Construction Industry Award

PART IX – TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 

45. FARES AND TRAVEL PATTERNS ALLOWANCE

The following fares and travel patterns allowance shall be paid to employees for travel patterns and costs peculiar to the industry which include mobility requirements on employees and the nature of employment on construction work.

(a) Metropolitan Radial Areas

When employed on work located within a radius of 30 kilometres from the GPO Hobart or the principal post office Launceston:- $13.60 per day.

(b) Distant Jobs

The allowance prescribed in (a) hereof shall be paid to employees employed on a distant job (as defined in Clause 46 – Living Away From Home – Distant Work of this award), when the work is carried out within a radius of 30 kilometres from the place where, with the employer's approval, the employee is accommodated.

(c) Country Radial Areas

(i) An employer whose business or branch or section thereof (for the purpose of engagement) is established in any place (other than on a construction site) outside the areas mentioned in (a) hereof shall pay their employees the allowance prescribed in (a) hereof for work located within a radius of 30 kilometres from the post office nearest the establishment.

(ii) Where the employer has an establishment in more than one such place the establishment nearest the employee’s nominated address shall be used, and employees shall be entitled to the provisions of (d) hereof when travelling to a job outside such radial area.

(d) Travelling Outside Radial Areas

(i) Where an employee travels daily from inside any radial or county area mentioned in subclauses (a), (b) and (c) hereof to a job outside that area, the employee shall be paid:

(1) the appropriate allowance prescribed in subclauses (a), (b) and (c) hereof; and

(2) in respect of travel from the designated boundary to the job and return to that boundary:

(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; and

(B) any expenses necessarily and reasonably incurred in such travel, which shall be $0.41 per kilometre where the employee uses their own vehicle.

(ii) Residing Outside Radial Areas

An employee whose residence is outside the radial areas prescribed herein shall be entitled to the provisions of subparagraph (i)(1) hereof, but not subparagraph (i)(2) hereof.

(e) Travelling Between Radial Areas

The provisions of subclause (d) hereof shall apply to an employee who is required by the employer to travel daily from one of those areas mentioned in subclauses (a) and (c) hereof to an area, or another area, mentioned in subclauses (a) or (c) hereof.

(f) Provision of Transport

(i) Subject to paragraphs (ii), (iii) and (iv) hereof the allowance prescribed in this clause, (except the additional payment prescribed in subclauses (d) and (e) hereof) 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 to the place of work and return.

(ii) The allowance prescribed in this clause shall be payable on any day for which the employer provides a vehicle free of charge to the employee and 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 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 except to the extent provided in subclauses 13(e), 29(b) and 46(f) of this award and subclauses (d) and (e) of this clause.

(iv) PROVIDED that paragraphs (ii) and (iii) hereof 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. Such an employee shall be paid as though the time taken was worked, but no allowance shall be paid.

(g) Work in Fabricating Yard

When an employee is required to perform prefabricated work in an open yard and is then required to erect or fix on site, the provisions of this clause shall apply.

(h) Requirements to Transfer

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.

(i) Transfer During 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 the most convenient public transport between such sites.

(ii) PROVIDED that where an employee agrees to their employer’s request to use the employee’s own car for such a transfer, the employee shall be paid an allowance at the rate of $0.77 per kilometre.

(j) Daily Entitlement

(i) The travelling allowances prescribed in this clause shall not be taken into account in calculating overtime, penalty rates, annual or personal 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 rostered day off as prescribed in Clause 27 – Hours of Work and Clause 30 – Shift Work of this award. The allowances shall however be taken into account when calculating the annual leave loading.

(ii) Subject to the foregoing provisions a fare shall be deemed to have been incurred if the employee has used a bicycle or other means of locomotion or has walked instead of using a public conveyance.

(k) Continuation of Practice

The provisions of subclauses (a), (b) and (c) hereof shall continue to apply to employees working at any workshop, yard or depot (either presently or future existing) in the same manner as applied prior to 31 August 1979.

(l) Apprentices

(i) An apprentice’s entitlement to allowance prescribed under subclauses (a), (b) and (c) hereof shall be in accordance with the following scale.

On the first year rate	75 percent of amount prescribed
On second year rate	85 percent of amount prescribed
On third year rate	90 percent of amount prescribed
On fourth year rate	95 percent of amount prescribed

(ii) The foregoing shall be calculated to the nearest five cents, two cents and less to be disregarded.