AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998
[Common rule declared by PR953882 from 01Jan05]
Further to the decision issued by the Commission on 1 December 2004 [PR953881] and pursuant to ss. 141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission makes the following declaration for a common rule award:
1. In this Declaration:
1.1 the award means the National Electrical, Electronic and Communications Contracting Industry Award 1998, as varied from time to time;
1.2 employees means employees in the industry who perform work of a kind that is covered by the award;
1.3 employers means employers who employ employees;
1.4 the industry means the electrical, electronic and communications contracting industry including the provision of electrical services by electrical and electronics and communications contractors.
1.5 For the purpose of this clause:
1.5.1 contractor means any entity who or which contracts to provide electrical services as defined;
1.5.2 electrical services includes:
1.5.2(a) the maintenance of electric power distribution lines and all associated work; and/or
1.5.2(b) the installation of electric light and power, all classes of assembly, wiring, repair and maintenance of electrical installations and appliances including, without in any way limiting the generality of the foregoing, the assembling, installing, diagnosing, servicing and rectifying of faults in any of the following:
1.5.2(b)(i) electronic products (e.g. television receivers, video cassette recorders, audio equipment/systems, home computers, etc) and any combination of these products together with ancillary devices and/or equipment.
1.5.2(b)(ii) radio and television transmitting devices (including LF, HF, VHF and UHF); CB radios;
1.5.2(b)(iii) telemetry systems and ancillary equipment;
1.5.2(b)(iv) multiple access television distribution systems;
1.5.2(b)(v) computers and their peripherals;
1.5.2(b)(vi) microwave and associated equipment;
1.5.2(b)(vii) electrically operated refrigeration and air conditioning equipment;
1.5.2(b)(viii) telephone communication devices;
1.5.2(b)(ix) fibre optic transmission lines and associated equipment;
1.5.2(b)(x) public address systems;
1.5.2(b)(xi) domestic satellite television receivers;
1.5.2(b)(xii) maritime electronic equipment (including depth sounders, radar, etc)
1.5.2(b)(xiii) security alarm systems;
1.5.2(b)(xiv) fire alarm systems;
1.5.2(b)(xv) superconductivity systems and associated equipment;
1.5.2(b)(xvi) electromagnetic devices;
1.5.2(b)(xvii) instrumentation;
1.5.2(b)(xviii) and all work incidental to the above.
2. That save for and subject to the matters referred to in clauses 4 to 11 below, the whole of the terms of the award, as varied from time to time, except those specified in clause 3 below, shall be:
2.1 a common rule for the industry in Victoria and known as the National Electrical, Electronic and Communications Contracting Industry Victorian Common Rule Declaration 2005;
2.2 binding on all employers in respect of the employment by them of employees;
2.3 binding on all employees; and
2.4 binding on Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the registered organisations respondent to the award.
3. The following clauses of the award are not included in the National Electrical, Electronic and Communications Contracting Industry Victorian Common Rule Declaration 2005:
3.1 clause 2 - Arrangement;
3.2 clauses 4.3 and 4.4 of clause 4 - Definitions;
3.3 clauses 7.2, 7.3 and 7.4 of clause 7 - Parties bound;
3.4 clauses 13.8.3 and 13.8.4 of clause 13 - Termination of employment;
3.5 clause 14.2.4 of clause 14 - Classification;
3.6 clauses 17.7.2, 17.7.3 and 17.7.4 of clause 17 - Wages;
3.7 clauses 18.4, 18.5 and 18.6 of clause 18 - Allowances;
3.8 clauses 19.4.1 and 19.4.2 of clause 19 - Superannuation;
3.9 clauses 21.2 and 21.3 of clause 21 - Meal breaks;
3.10 clauses 22.3, 22.4 and 22.9.2 of clause 22 - Overtime;
3.11 clauses 24.5, 24.8.2, 24.8.3, 24.8.4 and 24.11 of clause 24 - Annual leave;
3.12 clauses 26.1.2(b), 26.1.2(c), 26.1.2(d), 26.2.1(b), 26.2.1(c), 26.2.1(d), 26.3.2, 26.3.3, 26.3.4, 26.6.2(b), 26.6.2(c), 26.6.2(d) and 26.10 of clause 26 - Personal leave;
3.13 clause 29.2 of clause 29 - Distant work;
3.14 clauses 30.1, 30.2 and 30.3 of clause 30 - Travelling, transport and fares;
3.15 clauses 32.2 and 32.3 of clause 32 - Work in the heat/inclement weather;
3.16 clause 33 - Protective clothing in Australian Capital Territory only;
3.17 Tables E, F, G, H, I, J, K, L, M, N, O and P;
3.18 Appendix A; and
3.19 all Roping-in awards.
4. The National Electrical, Electronic and Communications Contracting Industry Victorian Common Rule Declaration 2005 shall not apply to:
4.1 the manufacturing section of the business of the employers who are manufacturing or vendors of plant or equipment in high or low tension power stations and/or substations for the generation and/or transmission of electrical power.
5. Subject to 5.1 to 5.5 below, all provisions in the National Electrical, Electronic and Communications Contracting Industry Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.
5.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January 2005 attract leave loading.
5.2 With respect to redundancy payments for employees of employers who have fewer than 15 employees, only service on or after 1 January 2005 is to be taken into account for the purpose of calculating service.
5.3 With respect to redundancy payments for employees of employers who have 15 employees or more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating service. [Note: the agreement in respect of this issue is without prejudice to the position a party may put in roping-in proceedings.]
5.4 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004.
5.5 The wages clauses (including all allowances and penalty payments) are to commence operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the wages clauses commence operation no later than 5 January 2005.
6. The National Electrical, Electronic and Communications Contracting Industry Victorian Common Rule Declaration 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award.
7. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 to provide support for that person. [See Note 1 below].
8. An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration, prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 2 below].
9. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits provided under a contract of employment made prior to the date of this declaration against entitlements and benefits required to be provided under the National Electrical, Electronic and Communications Contracting Industry Victorian Common Rule Declaration 2005, the matter may be referred to a Board of Reference, consisting of a member of the Commission, which shall determine whether or not such a set-off should be permitted having regard to what is fair and equitable in all the circumstances of the case, without regard to technicalities and legal forms.
9.1 An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.
9.2 This clause shall apply for a period of twelve months from the commencement date of the National Electrical, Electronic and Communications Contracting Industry Victorian Common Rule Declaration 2005.
9.3 Any registered organisation bound by the terms of the National Electrical, Electronic and Communications Contracting Industry Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation to any application made pursuant to this provision.
10. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of leave including sick leave, annual leave, long service leave or parental leave to which employees or any of them have become entitled by accrual or otherwise prior to the commencement date in clause 11 below.
11. This declaration shall be an award of the Commission, shall come into force on 1 January 2005 and shall remain in force for a period of three months and thereafter in accordance with the Act. [See Note 3 below].
Note 1
1. Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
2. The intention of this provision is limited to preventing the award from applying to sheltered workshops (i.e. supported employment services) - it does not prevent the award from applying to employees with disabilities in open employment; and
3. Leave is reserved for any party to have this issue reconsidered in the light of any developments in the national process which is currently considering workplace relations issues for sheltered workshops. This national process includes the Disability Sector National Industry Consultative Council and any related applications that seek award coverage for sheltered workshops.
Note 2
1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at the date of effect of the common rule declaration, are making superannuation contributions into a complying superannuation fund. These employers will not be required to change their existing arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an agreement between the employer and employees. For the avoidance of doubt, the exception continues to apply to employers who are making superannuation contributions to complying superannuation funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which benefits are transferred, after the date of effect of the common rule declaration, in accordance with the Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further, “existing arrangements” includes the making of contributions to such funds.
2. The exception is in respect of current and future employees of the employers who are entitled to the benefit of the exemption.
3. The exception does not apply to new businesses which are established after the date on which the award is declared to have effect as a common rule.
4. The exception only applies to employers who are required to apply the terms of the award by virtue of the Common Rule declaration. It does not apply to employers who are named respondents to the award or who are parties bound by virtue of the membership of an employer organisation.
5. The exception applies subject to any Commonwealth legislation to the contrary.
Note 3
1. Subject to section 113 of the Workplace Relations Act 1996 and any order of the Commission, an award dealing with particular matters continues in force until a new award is made dealing with the same matters (see s.148 of the Workplace Relations Act 1996).
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