AN170010 – Building and Construction Industry Award
46. LIVING AWAY FROM HOME - DISTANT WORK
(a) Qualification
(i) An employee shall be entitled to the provisions of this clause when employed on a job or construction work at such a distance from the employee’s usual place of residence that the employee cannot reasonably return to that place each night under the following conditions:
(1) The employee is not in receipt of relocation benefits.
(2) The employee is maintaining a separate place of residence to which it is not reasonable to expect the employee to return each night; and
(3) The employee on being requested by the employer informs the employer, at the time of engagement, that the employee maintains a separate place of residence from the address recorded on the job application.
(ii) Subject to subclause (b) hereof an employee is regarded as bound by the statement of the employees’ address and no entitlement shall exist if unknowingly to the employer the employee wilfully and without duress made a false statement in relation to the above.
(b) Employee’s Address
(i) The employer shall require and the applicant shall provide the employer with the following information, in writing, at the time of engagement:
(1) the address of the place of residence at the time of application; and
(2) the address of the separately maintained residence, if applicable.
(ii) Provided however, that the employer shall not exercise undue influence, for the purpose of avoiding its obligations under the award, in persuading the prospective employee to insert a false address.
(iii) No subsequent change of address shall entitle an employee to the provisions of this clause unless the employer agrees.
(iv) Documentary proof of address such as a long service leave registration card or driver’s licence may be accepted by an employer as proof of the employee’s usual place of residence.
(v) The address of the employee’s usual place of residence and not the place of engagement shall determine the application of this clause.
(vi) Any dispute arising in respect of this clause shall be dealt with in accordance with Clause 37 – Settlement of Disputes of this award.
(c) Entitlement
(i) Where an employee qualifies under subclause (a) hereof the employer shall:
(1) pay an allowance of $356.50 per week of seven days but such allowance shall not be wages. In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job the allowance shall be $51.00 per day. Provided that the foregoing allowances shall be increased if the employee satisfies the employer that the employee reasonably incurred a greater outlay than that prescribed. In the event of disagreement the matter may be dealt with in accordance with Clause 37 – Settlement of Disputes of this award; or
(2) provide the worker with reasonable board and lodging (‘reasonable board and lodging’ shall mean lodging in a well kept establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating with hot and cold running water, in either a single room or twin room if a single room is not available); or
(3) where employees are required to live in camp at any one site, provide free board and accommodation in accordance with subclause (d) hereof.
(d) Free Board and Accommodation
(i) All board and accommodation shall be free of charge and without deduction from the employee’s wages, and
(ii) Accommodation shall be in accordance with the following minimum standard:
(1) Where such accommodation is of the hut, demountable or transportable type, such accommodation shall:
(2) In addition, such accommodation shall contain in each room for each worker:
(3) Ablution/laundry facilities with all necessary plumbing, drainage and electrical fittings; hot and cold water supplies; sufficient water closets, showers, basins, laundry troughs, washing machines, tumble dryers, ironing boards and sundry fittings.
(4) Recreational facilities including an air conditioned fully enclosed and sealed area suitable for use by up to 20 persons with sufficient chairs, tables, lighting and other appropriate facilities.
(5) Kitchen and dining facilities with all the necessary equipment, utensils, cutlery and crockery.
(iii) Messing System
(1) The employer shall provide a qualified cook for a gang of 10 or more. Where the gang is 10 or less the employer shall provide reimbursement for food purchased by the gang for its own use or shall reimburse each gang member for meals consumed in the nearest recognised centre.
(2) In camps over 30 people the employer shall employ a camp attendant, and in all other camps the employer shall provide labour, for the purpose of maintaining the camp in a clean and hygienic condition.
(iv) All camps shall provide the following additional miscellany:
(v) Where an employer has established a camp site and provides facilities for employees living in their own caravan or provides caravans for employees, and having regard to the peculiarities of caravan living, the additional provisions below shall apply:
(e) Camping Allowance
(i) An employee living in a construction camp where free messing is not provided shall receive a camping allowance of $143.60 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee shall be paid $20.60 per day including any Saturday or Sunday if the employee is in camp and available for work on the working days immediately preceding and succeeding each Saturday and Sunday. If an employee is absent without the employer’s approval on any day, the allowance shall not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance shall not be payable for the Saturday and Sunday.
(ii) Camp Meal Charges
Where a charge is made for meals in a construction camp, such charge shall be fixed by agreement between the parties.
(f) Travelling Expenses
An employee who is sent by an employer or selected or engaged by an employer or agent to go to a job which qualifies the employee to the provision of this clause shall not be entitled to any of the allowances prescribed by Clause 45 – Fares and Travel Patterns Allowance of this award for the period occupied in travelling from the employee’s usual place of residence to the distant job, but in lieu thereof shall be paid:
(i) Forward Journey
(1) The time spent in travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities).
(2) The amount of a fare on the most common method of public transport to the job (bus; economy air; second class rail with sleeping berths if necessary, which may require a first class rail fare), and any excess payment due to transporting tools if such is incurred.
(3) Any meals incurred while travelling at $9.60 per meal.
(4) PROVIDED that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues employment within two weeks of commencing on the job and who does not forthwith return to the employee’s place of engagement.
(ii) Return Journey
(1) An employee shall, for the return journey, receive the same time, fares and meal payments as provided in paragraph (f)(i) hereof, together with an amount of $17.10 to cover the cost of transport and transporting tools from the main public transport terminal to the employees usual place of residence. Subject to further order this allowance shall not be payable to employees engaged on weekly hire.
(2) Provided that the above return journey payments shall not be paid if the employee terminates or discontinues employment within two months of commencing on the job or is dismissed for incompetence within one working week of commencing on the job, or is dismissed for misconduct.
(iii) Departure Point
For the purpose of this clause, travelling time shall be calculated as the time taken for the journey from the Central or Regional rail, bus or air terminal nearest the employee’s usual place of residence to the locality of the work.
(g) Daily Fares Allowance
An employee engaged on a job who qualifies under the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) shall be paid the allowance prescribed by Clause 45 – Fares and Travel Patterns Allowance of this award.
(h) Weekend Return Home
(i) An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or employer’s representative, no later than Tuesday of each week, of the employees intention to return to the employee’s usual place of residence at the weekend and who returns to such usual place of residence for the weekend, shall be paid an allowance of $28.90 for each occasion.
(ii) Paragraph (h)(i) hereof shall not apply to an employee who is receiving the payment prescribed in subparagraph (c)(i)(1) hereof in lieu of board and lodging being provided by the employer or who is receiving a camping allowance as prescribed in subclause (e) hereof.
(iii) When an employee returns to the employee’s usual place of residence for a weekend or part of a weekend and is not absent from the job for any of the ordinary working hours, no reduction of the allowance prescribed in subparagraph (c)(i)(1) hereof shall be made.
(i) Rest and Recreation
(i) Road Travel
(1) An employee who proceeds to a job which qualifies the employee to the provisions of this clause, may, after two months’ continuous service and thereafter at three monthly periods of continuous service, return to the employee’s usual place of residence at the weekend. If the employee does so, the employee shall be paid the amount of a bus fare to the bus station nearest the employee’s usual place of residence on the pay day which immediately follows the date on which the employee returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee’s commencement of work on the morning of the working day following the weekend.
(2) PROVIDED, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further 28 days after the expiration of any such period of two or three months, then the provisions of this subclause shall not be applicable.
(ii) Air Travel
(1) Notwithstanding any other provisions contained in paragraph (i)(i) hereof and in lieu of such provisions, the following conditions shall apply to an employee who qualifies under subclause (a) hereof and where such construction work is located in any area to which air transport is the only practicable means of travel. An employee may return home after four months’ continuous service and shall in such circumstances be entitled to two days’ leave with pay in addition to the weekend.
(2) Thereafter the employee may return to the employee’s usual place of residence after each further period of four months’ continuous service, and in each case shall be entitled to two days’ leave of which one day shall be paid leave.
(3) Payment for leave and reimbursement for any economy air fare paid by the employee shall be made at the completion of the first pay period commencing after date of return to the job.
(4) PROVIDED, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further 28 days after the expiration of any such period of four months, then the provisions of this paragraph shall not be applicable.
(iii) Limitation of Entitlement
An employee shall be entitled to either paragraphs (i) or (ii) hereof and such option shall be established by agreement as soon as practicable after commencing on distant work. The entitlement shall be availed of as soon as reasonably practical after it becomes due and shall lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice shall lie with the employer.)
(iv) Service Requirements
For the purpose of this subclause service shall be deemed to be continuous notwithstanding an employee’s absence from work as prescribed in this clause or as prescribed in the definition of ‘continuous service’ in Clause 7 – Definitions of this award.
(v) Variable Return Home
In special circumstances, and by agreement with the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee’s accrual entitlement.
(vi) No Payment in Lieu
Payment of fares and leave with pay as provided for in this subclause shall not be made unless availed of by the employee.
(j) Alternative Paid Day Off Procedure
If the employer and the employee so agree in writing, the paid rostered day off as prescribed in Clause 27 - Hours of Work of this award, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in subclause (i) hereof, or at the end of the project, or on termination whichever comes first.
(k) Termination
An employee shall be entitled to notice of termination in sufficient time to arrange suitable transport at termination or shall be paid as if employed up to the end of the ordinary working day before transport is available.
