AP769412CRV - Business Equipment Industry - Technical Service - Award 1999
23.1 All-purpose allowance - leading hands
[23.1 corrected by S8049; varied by S8847 PR907451 PR919876 PR933540 PR949628 PR959562 PR974905 PR978745; PR983865 ppc 01Oct08]
The following allowance applies for all purposes of the award:
In charge of |
Extra per week |
$ | |
2 to 5 employees |
20.50 |
6 to 10 employees |
30.35 |
More than 10 employees |
39.65 |
23.2.1 All means of locomotion required by an employer shall be provided and maintained by the employer. Provided that any existing arrangements as to the payment by the employer of parking fees, garaging costs and like expenses as to the reimbursement by the employer to the employee of an allowance for mileage travelled other than for business purposes, may continue or be at the discretion of the employer. Provided that an employee shall be required to ensure that a vehicle supplied by the employer is kept in a reasonably clean and tidy condition where such vehicle is used by the employee for the employee’s own private purposes.
23.2.2 Where an employee, by arrangement with the employer, provides a motor vehicle for use in connection with the employer's business the employee shall be paid for the use of such vehicle on the following basis:
[23.2.2(a) varied by S8847 PR907451 PR933540 PR962415; PR974905 ppc 01Dec06]
23.2.2(a) If it is necessary for an employee to provide and/or use the employee’s motor vehicle for each day to carry out the assigned duties, the employee shall be paid an allowance of $595.00 per month. Provided however that in the case of an employee who is assigned duties in a country territory, the employee shall be paid an allowance of $668.95 per month.
[23.2.2(b) varied by S8847 PR907451 PR933540 PR962415 PR974905; PR983865 ppc 01Oct08]
23.2.2(b) In addition an allowance of 31.96 cents shall be paid per kilometer traveled on the employer's business.
23.2.2(c) The allowance shall be paid each month and shall cover the periods the employee is taking annual or sick leave entitlement in accordance with this award or is undertaking a training course or school of no more than three months' duration, but shall not include the period the employee is on long service leave.
23.2.2(d) An employer shall give one month's notice to an employee, that the employee shall not be required to use the employee’s motor vehicle to carry out assigned duties. Provided that notice is not given by the employer to avoid payment of the motor vehicle allowance while the employee is on annual or sick leave or attending a training school.
[23.2.2(e) varied by S8847 PR907451 PR933540 PR962415 PR974905; PR983865 ppc 01Oct08]
23.2.2(e) An employee who is required to use the employee’s motor vehicle to carry out the employer's business on a casual basis shall be paid a mileage allowance of 84.20 cents per kilometer.
23.2.3 The rate per kilometer in 23.2.2(b) hereof shall not apply to an employee in respect of distance travelled to the employee’s normal place of employment or to the place at which work is to commence, as the case may be, whichever the lesser. Provided that when an employee is required to transport tools or equipment or parts or reference manuals to perform work the employee will be paid the kilometer rate in 23.2.2(b) hereof whenever the employee is required to transport them.
23.2.4 By agreement between an employee and the employer a flat sum not less favourable to the employee than the provisions of 23.2.2 hereof may be paid in lieu of the provisions of that subclause.
[23.3 varied by S8847 PR907451 PR919876 PR933540 PR949628 PR959562 PR974905 PR978745; PR983865 ppc 01Oct08]
An employee holding a current first aid qualification from St. John's Ambulance or similar body and appointed by the employer to perform first-aid duty shall be paid in addition to the employee’s wages $15.05 for any week the employee is so appointed.
[23.4.1 varied by S8847 PR907451 PR919876 PR933540 PR949628 PR959562 PR974905 PR978745; PR983865 ppc 01Oct08]
23.4.1 An employee shall receive a meal allowance of $11.06 for each rest break prescribed in 26.5 of this award.
23.4.2 The meal allowance shall not apply where the employer provides a meal to an employee on overtime or the employee lives in the same locality in which the employee is working and can reasonably return home for a meal.
[23.5 varied by S8847 PR907451 PR919876 PR933540 PR949628 PR959562 PR974905 PR978745; PR983865 ppc 01Oct08]
Employees regularly expected to be engaged in technical service or technical support in the field on behalf of their employer shall, in addition to the salary and any other allowance prescribed by this award, be paid a representation allowance of $13.95 per week.
[23.6.1 varied by S8847 PR907451 PR919876 PR933540 PR949628 PR959562 PR974905 PR978745; PR983865 ppc 01Oct08]
23.6.1 An employee who is required by the employer to accept responsibility for company premises together with equipment and other materials in the employer's depot or satellite service center shall be paid $38.90 per week.
23.6.2 A depot or satellite service center shall mean an establishment which falls within the definition of a registered shop under the terms of the appropriate State factories and shops legislation.
[23.7.1 varied by S2404 S8847 PR907451 PR919876 PR933540 PR949628 PR959562 PR974905 PR978745; PR983865 ppc 01Oct08]
23.7.1 Where an employee is located or is required to perform work in any of the areas specified below for a period exceeding five working days, such employee shall be paid the appropriate allowance prescribed for each continuous week of service in that area:
Area |
Per week extra |
$ | |
Northern Territory |
31.10 |
Mt Isa, Queensland |
57.40 |
Broken Hill, NSW |
28.80 |
That area of Western Australia, north of a line running east from Carnot Bay to the Northern Territory Border. |
20.25 |
That area of Western Australia situated between latitude 24 degrees and a line running east from Carnot Bay to the Northern Territory Border. |
17.40 |
That area within a line commencing on the coast at latitude 24 degrees, then east to the Northern Territory Border, then south to the coast, then along the coast to longitude 123 degrees, north to the intersection of latitude 26 degrees, then west along latitude 26 degrees. |
7.85 |
23.7.2 The above allowances are not payable when an employer provides an employee with accommodation or other similar benefit of at least an equivalent amount to that prescribed above for the relevant area and such shall be in full satisfaction of the employer's obligation under this clause.
23.8 Living away from home allowance
[23.8.1 varied by PR949628 PR959562 PR974905 PR978745; PR983865 ppc 01Oct08]
23.8.1 Living away from home allowance of $55.75 per day shall be paid when an employee is required to spend a night away from the employee’s usual place of residence. Provided that when calculating the living away from home allowance the first and last days shall count as one day.
[23.8.2 varied by PR949628 PR959562 PR974905 PR978745; PR983865 ppc 01Oct08]
23.8.2 If it is necessary for an employee to travel for more than 2½ hours after the employee’s normal finishing time the employee would be entitled to a further meal allowance of $9.65 for the evening meal.
23.8.3 The allowances in 23.8.1 and 23.8.2 hereof are not payable in circumstances where they are provided by the employer.
Except as provided elsewhere in this clause an employer shall pay and an employee shall be entitled to receive accident pay.
23.9.1 Definitions
For the purposes of this clause and subject to the terms thereof the words hereunder shall bear the respective definitions set out hereunder:
23.9.2 General provisions
23.9.2(a) An employer shall pay, or cause to be paid, accident pay during the incapacity of the employee within the meaning of the said Act until such incapacity ceases or until the expiration of the period of 26 weeks from the date of injury whichever event shall first occur.
23.9.2(b) Accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.
23.9.2(c) The termination of the employee’s employment for any reason during the period of incapacity shall in no way affect the liability of the employer to pay accident pay as herein before provided.
23.9.2(d) An employee shall not be entitled to any payment under this clause in respect of any period of paid annual leave, or long service leave or for any paid public holiday.
23.9.2(e) Nothing in this clause shall in any way be taken as restricting or removing the employer’s rights under the respective Act to require the employee to submit him/herself to an examination by a legally qualified medical practitioner, provided and paid by the employer, and if the employee refuses to submit to such examination or in any way obstructs the same, the employee’s right to receive or continue to receive accident pay shall be suspended in like manner as the employee’s right to compensation is suspended pursuant to the respective Act until such examination has taken place.
23.9.2(f) Where in accordance with the respective Act, a medical referee gives a certificate as to the condition of the employee paid and the employee’s fitness for work or specifies work for which the employee is fit and such work is made available by the employer and refused by the employee or the employee fails to commence work accident pay shall cease from the date of such refusal or failure to commence the work.
23.9.2(g) In the event that an employee receives a lump sum in redemption of weekly payments under the said Act, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.
23.9.2(h) Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the said Act, the employee shall be liable to repay to the employer the amount of accident pay which the employer has paid under this clause and the employee shall not be entitled to any further accident pay thereafter.
