AP815828CRV - Australian Workers' Union Construction and Maintenance Award 2002

PART 5 - WAGES AND RELATED MATTERS 

19. WAGE RATES AND CLASSIFICATION STRUCTURE

[19 substituted by PR957988 ppc 03May05]

19.1 Wage Rates

[19.1 substituted by PR921791 PR936785 PR949361; corrected by PR950502; substituted by PR961927 ppc 29Aug05]

The following amounts shall be applied where appropriate for the purposes of the calculation of the hourly rate under 19.1.4 of this award.

Classification		Properly fixed weekly minimum rate
		$
Construction Worker Level 8 (CW8)		682.60
Construction Worker Level 7 (CW7)		659.70
Construction Worker Level 6 (CW6)		638.90
Construction Worker Level 5 (CW5)		620.00
Construction Worker Level 4 (CW4)		599.20
Construction Worker Level 3 (CW3)		578.20
Construction Worker Level 2 (CW2)		559.60
Construction Worker Level 1
	CW1(a)	513.60
	CW1(b)	526.10
	CW1(c)	534.60
	CW1(d)	546.20

19.1.2 Provided that the base rate prescribed in 19.1 shall be increased by the appropriate amount of district allowance set out below where employees are employed in the areas defined.

19.1.2(a) Victoria - At Yallourn - $1.20 per week.

19.1.2(b) South Australia - Whyalla and Iron Knob - $1.00 per week.

19.1.3 Special allowance

In addition to the base rate specified in 19.1 employees shall be paid for all purposes of the award a special allowance of $7.70 per week and such allowance shall not be altered as a consequence of wage indexation decisions.

19.1.4 Actual weekly rate

The actual weekly rate shall be calculated by multiplying the sum of the appropriate amounts prescribed in:

19.1.4(a) clauses 19.1, 19.1.2(a) and 19.1.2(b);

19.1.4(b) clause 23 - Allowances

by 52 over 50.4 (52/50.4), rounded to nearest ten cents, and by adding to that sub total the special allowance prescribed in 19.1.3.

19.2 Safety net review

[19.2 substituted by PR961927 ppc 29Aug05]

19.2.1 The rates of pay in this award include the arbitrated safety net adjustment payable under the June 2005 Safety Net Review - Wages decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over award arrangements. Absorption that is contrary to the terms of an agreement is not required.

19.2.2 Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

19.3 Classifications and related issues

19.3.1 Classifications

19.3.1(a) Construction Worker Level 1 (CW1)

	Relativity to Tradesperson
CW1(a): (new entrant):	85%
Upon commencement in the industry
CW1(b): After three months in the industry	88%
CW1(c): After twelve months in the industry	90%
CW1 (d): Upon fulfilling the substantive requirements of Construction Worker 1, as detailed below	92.4%

19.3.1(a)(i) A Construction Worker Level 1 (CW1) works under general supervision in one or more skill streams contained within this award. An employee at CW1(d) will:

• have successfully completed, in accordance with the Construction and Property Services Industry Skills Council principles, a construction skills test equivalent to the required competency standards; or
• have successfully completed a relevant structured training program equivalent to the required competency standards.

19.3.1(a)(ii) Skills and duties

An employee at CW1 level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the two main skill streams contained within this award. An employee at this level:

• works from instructions and procedures;
• assists in the provision of on-the-job training to a limited degree;
• coordinates work in a team environment or works individually under general supervision;
• is responsible for assuring the quality of their own work;
• has a qualification in first aid.

19.3.1(a)(iii) Indicative of the tasks which an employee at this level may perform include the following:

• uses precision measuring instruments;
• basic material handling functions;
• operate small plant and pneumatic machinery;
• inventory and store control;
• operate a range of hand tools and oxy welding equipment;
• has a knowledge of the construction process and understands the sequencing of construction functions;
• is able to provide first aid assistance to other employees.

19.3.1(a)(iv) The CW1 classification incorporates the following broadbanded award classifications:

Aluminium alloy structural worker; Assistant powder monkey (as defined); Assistant rigger (as defined); Bar bending machine operator; Bitumen worker (as defined); Chainman; Concrete cutting or drilling machine Operator; Concrete floater (as defined); Concrete formwork stripper; Concrete gang worker; Concrete gun or pump operator; Crane chaser/crane hand/gantry hand; Demolition labourer; Dump cart operator; Fencer (as defined); Jackhammerman; Kerb and gutter layer; Pick or shovelman; Steel erector; Tradesman's labourer.

[19.3.1(a)(v) substituted by PR967018 ppc 21Dec05]

19.3.1(a)(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 1(d) or 2. Where possible, an employee at Levels 1(a), 1(b) and 1(c) shall be provided with access to accredited structured training approved by RIISC.

19.3.1(b) Construction Worker Level 2 (CW2)
Relativity to tradesperson - 96%

19.3.1(b)(i) A Construction Worker Level 2 (CW2) works under limited supervision in one or more skill streams contained within this award. A CW2 will:

• have completed in accordance with RPL principles a Construction Skills Test equivalent to the required competency standards; or
• have completed relevant structured training equivalent to the required competency standards.

19.3.1(b)(ii) Skills and duties

An employee at this level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be part of a self-directed Work Area Team (WAT) and be may responsible for the supervision of one or more employees working at CW1 level.

An employee at this level:

• can interpret plans and drawings relevant to their functions;
• assists with the provision of on-the-job training;
• assumes responsibility for allocating tasks with a Work

Area Team within the area of the employees skill competence and training;

• has some responsibility for the order and purchase of materials within defined parameters;
• is able to sequence functions relevant to the employee’s Work Area Team;
• applies quality control techniques to the employee’s own work and other employees within the Work Area Team.

19.3.1(b)(iii) Indicative of the tasks which an employee at this level may perform include the following:

• calculates safe loads and stress factors;
• measures accurately using specialised equipment;
• non-trades maintenance of relevant plant and equipment;
• anticipates and plans for constant changes to the work environment.

19.3.1(b)(iv) The CW2 classification incorporates the following broadbanded award classifications:

Concrete batching plant operator; Concrete finisher (as defined); Foundation shaftsman (as defined); Hoist or winch driver; Manhole builder; Pitcher or beacher (as defined); Powder monkey; Power driven portable saw, employee operating; Scaffolder (as defined); Spotter; Steel fixer (including tack welder); Storeman; Tool sharpener (as defined); Traffic controller; Wall builder (as defined).

19.3.1(b)(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 3.

19.3.1(c) Construction Worker Level 3 (CW3)
Relativity to tradesperson - 100%

19.3.1(c)(i) A Construction Worker Level 3 (CW3) works individually or in a team environment in one or more skill streams contained within this award. A CW3 will:

• have successfully completed a relevant trade apprenticeship or its AQF equivalent; or
• have successfully completed, in accordance with RPL principles, a Construction Skills Test for this level; or
• have successfully completed the required competency standards.

any one of which shall qualify the employee as a Construction Worker Level 3.

19.3.1(c)(ii) Skills and duties

An employee at this level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be responsible for the supervision of one or more employees working at CW1 or CW2 level.

An employee at this level:

• understands and applies quality control techniques;
• exercises good interpersonal and communication skills;
• exercises measuring and calculation skills at a higher level than CW2;
• exercises discretion within the scope of this grade;
• performs work of a trades or non-trades nature that is incidental or peripheral to the employees main function and facilitates the completion of the whole task;
• is able to inspect products and/or materials for conformity with established operational standards;
• assists in the provision of on-the-job training.

19.3.1(c)(iii) Indicative tasks that an employee may perform at this level include the following:

• allocates functions within a Work Area Team;
• production sequencing and materials handling of a level more advanced than CW2;
• trade skills associated with certificated trades within the scope of this award;
• has a sound understanding of the construction process.

19.3.1(c)(iv) The CW3 classification incorporates the following broadbanded award classifications:

Crusher operator aggregate; Dogger; Drainer; Form setter; Operator, drilling machine, up to and including 155mm diameter; Paviour (including segmental paving); Pipe layer (any kind of pipes); Renderer (as defined) in pipes, tunnels or covered drains; Rigger; Timberman (as defined); Bitumen sprayer; Concrete finisher, powered; Concrete spreader, powered; Crawler tractor with power operated attachments (up to and including 2000kg shipping mass); Dumper, rear and bottom (up to and including 2 cubic metres struck capacity); Hand sprayer, lance type; Pneumatic tyred tractor with power operated attachments (up to and including 15kw net engine power); Roller, vibrating (under 4 tonnes); Second driver, navvy and dragline or dredge type excavator; Trenching machine (small Ditch-Witch type); Operator of Mobile Crane with a lifting capacity of up to 8 tons.

19.3.1(c)(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 4.

19.3.1(d) Construction Worker Level 4 (CW4)
Relativity to tradesperson - 105%

19.3.1(d)(i) A Construction Worker Level 4 (CW4) works in one or more skill streams contained within this award. A CW4 will:

• have successfully completed the relevant structured training in addition to the requirements of CW3; or
• have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee as a Construction Worker Level 4.

19.3.1(d)(ii) Skills and duties

An employee at this level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the two main construction skill streams contained within this award.

An employee at this level:

• exercises skills attained through satisfactory completion of the training prescribed for this classification;
• exercises discretion within the scope of this grade;
• works under limited supervision either individually or in a team environment;
• understands and implements quality control techniques;
• provides guidance and assistance as part of a work team;
• exercises advanced trades and non-trade skills relevant to the specific requirements of the industry or enterprise at a higher level than CW3.

19.3.1(d)(iii) Indicative tasks that an employee may perform at this level include the following:

• exercises precision trade and non-trade skills using various materials and specialised techniques at a higher level than CW3;
• operates, and maintains plant and machinery;
• is able to plan construction sequencing.

19.3.1(d)(iv) The CW4 classification incorporates the following broadbanded award classifications:

Operator, drilling machine, over 155mm to 230mm diameter; Shaft or trench sinker; Tunneller 2 (as defined); Winding and haulage driver; Bitumen sprayer (driver); Concrete paver; Crawler loader (up to and including 15,000kg mass); Crawler tractor with power operated attachments (over 2,000kg up to and including 15,000kg shipping mass); Dumper, rear and bottom (above 2 cubic metres, up to and including 30 cubic metres struck capacity); Excavator (up to and including 0.5 cubic metres struck capacity); Grader (below 35kw net engine power); Locomotive (not carrying passengers); Pile driver; Pneumatic tyred tractor with power operated attachments (above 15kw, up to and including 150kw net engine power); Roadmarker operator; Roller (8 tonnes and above); Roller, vibrating (4 tonnes and above); Scraper (up to and including 10 cubic metres struck capacity); Track laying, fixing or levelling machine (railway construction); Trench machine (depth up to 2.4 metres, and width up to 450mm) and bucket wheel trencher with equivalent capacity in cubic metres per hour; Operator of Mobile Crane with lifting capacity in excess of 8 tons and not exceeding 15 tons.

19.3.1(d)(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 5.

19.3.1(e) Construction Worker Level 5 (CW5)
Relativity to tradesperson - 110%

19.3.1(e)(i) A Construction Worker Level 5 (CW5) works in one or more skill streams contained within this award. A CW5 will:

• have successfully completed the relevant structured training in addition to the requirements of CW4; or
• have successfully completed, in accordance with RPL principles, a Skills Test equivalent to the requirements;

either of which shall qualify the employee for a Construction Worker Level 5.

19.3.1(e)(ii) Skills and duties

An employee at this level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the two skill streams contained in this award.

An employee at this level:

• exercises skills attained through satisfactory completion of the training prescribed for this classification;
• exercises discretion within the scope of this grade;
• provides trades guidance and assistance as part of a work team;
• assists in the provision of training in conjunction with supervisors and trainers;
• understand and implements quality control techniques;
• works under limited supervision either individually or in a team environment.

19.3.1(e)(iii) Indicative tasks that an employee may perform at this level include the following:

• exercises precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW4;
• operates, and maintains complex plant and machinery;
• is able to plan complex construction sequencing.

19.3.1(e)(iv) The CW5 classification incorporates the following broadbanded award classifications:

Operator, drilling machine, over 230mm diameter; Operator, tunnel boring machine; Operator, tunnel excavating machine; Crawler loader (above 15,000kg mass, up to and including 60,000kg mass); Crawler tractor with power operated attachments (above 15,000kg, up to and including 60,000kg mass); Dumper, rear and bottom (above 30 cubic metres, up to and including 120 cubic metres struck capacity); (This group includes Gradall); Excavator (above 0.50 cubic metres, up to and including 5.5 cubic metres struck capacity); Grader (35kw up to and including 190kw net engine power); (This group includes Gradall) Locomotive (carrying passengers); Pneumatic tyred loader (over 105kw, up to and including 500kw net engine power); Pneumatic tyred tractor with power operated attachments (above 150kw, up to and including 500kw net engine power); Scraper (above 10 cubic metres, up to and including 50 cubic metres struck capacity); Trenching machine (greater than 2.4 metres depth and 450mm width) and bucketwheel trencher with equivalent capacity in cubic metres per hour; Operator of Mobile Crane with lifting capacity in

excess of 15 tons and not exceeding 40 tons; Operator of Mobile Crane with lifting capacity in excess of 40 tons and not exceeding 80 tons; Operator of Mobile Crane with lifting capacity in excess of 80 tons and not exceeding 100 tons.

19.3.1(e)(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 6.

19.3.1(f) Construction Worker Level 6 (CW6)
Relativity to tradesperson - 115%

19.3.1(f)(i) A Construction Worker Level 6 (CW6) works in one or more skill streams contained within this award. A CW6 will:

• have successfully completed the relevant structured training in addition to the requirements of CW5; or
• have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee for a Construction Worker Level 6.

19.3.1(f)(ii) Skills and duties

An employee at this level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the skill streams contained within this award.

An employee at this level:

• exercises skills attained through satisfactory completion of the training prescribed for this classification;
• exercises discretion within the scope of this grade;
• provides trades guidance and assistance as part of a work team;
• provides training in conjunction with supervisors and trainers;
• works under limited supervision either individually or in a team environment;

19.3.1(f)(iii) Indicative tasks that an employee may perform at this level include the following:

• operates plant and equipment at a higher level of skill than CW5;
• exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW5;
• implements quality control techniques;
• plans complex construction sequencing.

19.3.1(f)(iv) The CW6 classification incorporates the following broadbanded award classifications:

Operator of Mobile Crane with lifting capacity in excess of 100 tons and not exceeding 140 tons; Operator of Mobile Crane with lifting capacity in excess of 140 tons and not exceeding 180 tons.

19.3.1(f)(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 7.

19.3.1(g) Construction Worker Level 7 (CW7)
Relativity to tradesperson - 120%

19.3.1(g)(i) A Construction Worker Level 7 (CW7) works in one or more skill streams contained within this award. A CW7 will:

• have successfully completed the relevant structured training in addition to the requirements of CW6; or
• have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee for a Construction Worker Level 7.

19.3.1(g)(ii) Skills and duties

An employee at this level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the skill streams contained within this award.

An employee at this level:

• exercises skills attained through satisfactory completion of the training prescribed for this classification;
• exercises discretion within the scope of this grade;
• provides training in conjunction with supervisors and trainers;
• understand and applies quality control techniques;
• prepares complex reports;
• contributes to the design of work, and the application of labour;
• assists in the supervision or organisation of Work Area Teams.

19.3.1(g)(iii) Indicative tasks that an employee may perform at this level include the following:

• works on plant and equipment at a higher level of skill than CW6;
• exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW6;
• implements quality control techniques;
• plans complex construction sequencing.

19.3.1(g)(iv) The CW7 classification incorporates the following broadbanded award classifications:

Operator of Mobile Crane with lifting capacity in excess of 180 tons and not exceeding 220 tons; Operator of Mobile Crane with lifting capacity in excess of 220 tons.

19.3.1(g)(v) An employee at this level may be undergoing training so as to qualify as a Construction Worker Level 8.

19.3.1(h) Construction Worker Level 8 (CW8)
Relativity to tradesperson - 125%

19.3.1(h)(i) A Construction Worker Level 8 (CW8) works in one or more skill streams contained within this award. A CW8 will:

• have successfully completed the relevant structured training in addition to the requirements of CW7; or
• have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

either of which shall qualify the employee for a Construction Worker Level 8.

19.3.1(h)(ii) Skills and duties

An employee at this level performs work to the extent of their skills competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

An employee at this level may be part of a self-directed Work Area Team (WAT), and may be required to perform a range of duties across the three skill streams contained within this award.

An employee at this level:

• exercises skills attained through satisfactory completion of the training prescribed for this classification;
• exercises discretion within the scope of this grade;
• designs training programs in conjunction with relevant supervisors and trainers;
• understand and applies quality control techniques;
• prepares complex reports;
• contributes to the design of work and the application of labour.

19.3.1(h)(iii) Indicative tasks that an employee may perform at this level include the following:

• works on plant and equipment at a higher level of skill than CW7;
• exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW7;
• implements quality control programs;
• plans complex construction sequencing.

19.3.1(h)(iv) The CW8 classification incorporates the following broadbanded award classifications:

Nil

19.3.2 Allocation to skill streams contained within this award

19.3.2(a) Workers from Level 2 to Level 8 inclusive shall be primarily employed in either the General Construction or the Civil Construction Stream.

19.3.2(b) As the purpose of streams is not to create demarcations but to facilitate appropriate combinations of training within the industry, employees shall work across streams provided that the appropriate training, where required, has been provided.

19.3.3 Classification disputes

19.3.3(a) It is recognised that from time to time disputes may arise as to the proper classification of a position or job to be filled by an employee. In the event that a dispute as to the proper classification or reclassification of a position or job does arise the dispute settlement procedure as detailed hereunder shall apply:

• the employee shall submit their grievance to the site or company consultative committee;
• the consultative committee may mediate and/or suggest a mutually agreeable solution to the dispute;
• if the site consultative committee is unable to resolve the dispute, the matter may be referred by the employer or the employee and their union to the Reclassification Disputes Board;
• the Reclassification Disputes Board shall be constituted in each state by one employer and one union representative and shall be chaired by a Commissioner of the Australian Industrial Relations Commission. The decision of the Board shall be final, pending any legal rights the parties may otherwise have;
• the proceedings of the Board shall be conducted in an informal manner and shall emphasise conciliation. An employee appealing to the Board may be represented by the union.

19.3.3(b) In any case, in determining the appropriate classification of a position or job to be filled by an employee, an employer will pay full regard to:

• the nature and skill requirements of the position to be filled;
• the skill level and certification of the employee;
• the experience and qualifications of the employee in:

• relevant indicative tasks nominated in this subclause; and/or
• competency standards against which an employee is accredited.

• Any agreed national procedures established for testing the validity of an employees claim for reclassification.

19.3.4 Skill based career structure

19.3.4(a) Existing employees shall transfer to the new classification structure on the basis of existing award rates of pay in accordance with the translation in 19.3.6. Upon translation existing employees shall be regarded as satisfying the requirements of the new skill level to which they translate. However, in seeking upward reclassification an employee shall be required to demonstrate that the employee meets the full requirements of the higher skill level in accordance with the criteria outlined in this paragraph.

19.3.4(b) The classification structure is designed to facilitate the improvement of the level of skills of the workforce and to provide a career path for all employees. It is drafted to achieve the objectives of the 1989 National Wage Case Principles.

[19.3.4(c) substituted by PR967018 ppc 21Dec05]

19.3.4(c) Accordingly, each classification level builds upon the previous level so that the value of an employee to the industry and their employer increases as the employee progresses through the structure. Skills are built up in a sequential manner through job learnt skills and structured training and the new industry training framework developed by RIISC reflects this intent.

19.3.4(d) Under the new classification structure, an employee’s building and construction industry skills are to be formally recognised, industry wide, at all levels from new entrant to Construction Worker Level 8. Employees will move up the classification structure as they acquire additional accredited skills. Payment will be on the basis of the level of skills required to perform the work of a particular position or job offered by an employer.

19.3.5 Training

19.3.5(a) In order to facilitate the operation of the new classification structure an employer shall, in cooperation with the consultative committee develop a training programme consistent with:

• the size, structure and scope of the activities of the employer;
• the need to develop vocational skills relevant to the enterprise and the building and construction industry generally through courses conducted by accredited educational institutions and providers.

19.3.5(b) Where, as a result of consultation in accordance with this clause it is agreed that additional training should be undertaken by the employee, that training may be taken either on or off the job. Provided that if the training is undertaken during normal working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

19.3.5(c) Any costs associated with standard fees for prescribed course and prescribed textbooks (excluding those textbooks which are contained in the employers technical library) incurred in connection with the undertaking of training pursuant to 19.3.5(b) shall be reimbursed by the employer upon the production of evidence of such expenditure. Provided that reimbursement shall be subject to the presentation of reports of satisfactory progress.

19.3.5(d) Travel costs incurred by an employee undertaking training in accordance with this clause pursuant to 19.3.5(b) that exceed those normally incurred travelling to and from work shall be reimbursed by the employer.

19.3.5(e) Any disputes arising from the operation of this clause shall be subject to the disputes resolution procedure contained in clause 12.

19.3.6 Translated classifications

Old wage group	New wage group
Mobile Crane Operator 8 & 9	CW7
Mobile Crane Operator 6 & 7	CW6
Construction Worker Grade 6	CW5
Plant Operator Grade 3	CW5
Mobile Crane Operator 3 – 5	CW5
Construction Worker grade 5	CW4
Plant Operator Grade 2	CW4
Mobile Crane Operator 2	CW4
Construction Worker Grade 4	CW3
Plant Operator Grade 1	CW3
Mobile Crane Operator 1	CW3
Construction Worker Grade 3	CW2
Construction Worker Grade 2	CW1 (d)
Construction Worker Grade 1	CW1 (c)

19.4 Award restructuring in the construction industry

19.4.1 Guidelines for implementation

19.4.2 The award contains a new wages and classification structure consistent with the August 1989 National Wage Case decision [Print H9100].

19.4.3 The new wage and classification structure shall be read in conjunction with this clause.

19.4.4 No existing employee’s rate of pay shall be reduced as a result of the introduction of the new classification structure.

19.4.5 Any increase in an employee’s rate of pay arising from minimum rates adjustments may be absorbed into existing over award payments (within the meaning of the Commission’s Principles).

19.4.6 Wherever possible, consultative committees comprising equal numbers of employee and employer representatives shall be established. Matters raised for consideration of the consultative committee shall be related to implementation of the new classification structure, the facilitative provisions contained in this award and matters concerning training.

19.5 Definition of key concepts and terms

19.5.1 Australian qualifications framework or AQF refers to the system of competency based training and certification.

19.5.2 Civil Construction Stream includes all related skills involved in earthmoving and associated activity and does not extend beyond the scope of this award.

19.5.3 Fields of work means a defined grouping of logically related skills based on an efficient organisation of work.

19.5.4 General Construction Stream includes all fields of work principally concerned with the erection of new structures or buildings (including demolition and pre-construction) and fitout and finishing activities relating to newly constructed or existing buildings or structures, and does not extend beyond the scope of this award.

[19.5.5 substituted by PR967018 ppc 21Dec05]

19.5.5 Industry accredited course or nationally accredited course is a course that has been constructed to reflect a group of standards which Construction Training Australia, the Construction and Property Services Industry Skills Council and the Resources and Infrastructure Industry Skills Council has endorsed as being appropriate combinations of skills to be available to the industry.

[19.5.6 substituted by PR967018 ppc 21Dec05]

19.5.6 The Resources and Infrastructure Industry Skills Council (RIISC) and the Construction and Property Services Industry Skills Council shall be the recognised authorities (for the purposes of this subclause) responsible for developing competency standards for consideration and endorsement by the National Training Board/Department of Education, Science and Training, for the relevant Training Packages (BCG03 and BCC03).

19.5.7 New entrant means an employee who has never previously worked within the scope of any of the following awards:

• National Building and Construction Industry Award 2000;
• Building and Construction Industry (ACT) Award 1991, The [Print K0679 [B0171]];
• Building and Construction Industry (Northern Territory) Award 1996 [Print N6856 [B0035]];
• National Metal and Engineering (On-site) Construction Industry Award 1989 [Print H8482 [N0100]];
• Australian Workers’ Union Construction and Maintenance Award 1989 [Print J0179 [A0516]];
• Plumbing Trades (Southern States) Construction Award 1999 [Print R5910 [P0092]];
• Plumbing Industry (New South Wales) Award 1999 [Print R5904 [P0111]];
• Plumbing Industry (Qld and WA) Award 1999 [Print R5911 [P0090]];
• Sprinkler Pipe Fitters’ Award 1998; The [Print Q5148 [S0091]];

including any federal award which was superseded by the making of these awards, or any state counterpart award covering the same industries and/or callings as the federal awards cited. If there is any doubt as to the status of an employee in this regard, the following documentation may be regarded as prima facie evidence that an employee is not a new entrant:

• documentary evidence concerning registration with any of the construction industry portable long service leave schemes;
• documentary evidence concerning contributions into an approved industry superannuation fund (e.g. C+BUS);
• documentary evidence concerning membership of a union party to any of the above awards in the building and construction industry.

19.5.7(a) The new entrant classification does not apply to persons who were employed in the building and construction industry prior to the introduction of this subclause. Existing employees are subject to the translation arrangements set out in 19.3.6.

19.5.7(b) As the purpose of introducing the new entrant level is not to displace existing employees, but to facilitate the introduction of a career path, an employer shall not purposely “turn over” employees within the new entrant classification as an alternative to engaging employees on an ongoing basis.

Provided that nothing contained in this clause shall prevent a party from submitting a dispute about the status of an employee in this regard to the Reclassification Disputes Board outlined in 19.3.3.

19.5.8 Recognition of Prior Learning or RPL means the formal recognition of skill attained through on the job experience and/or training and may include formal qualifications (such as overseas qualifications), which have hitherto been unrecognised.

19.5.9 Self-directed Work Area Team or WAT means a group of employees who work as a team to plan and execute functions relevant to their employers business. Work Area Teams are generally autonomous of direct managerial supervision and perform their tasks in a way that maximises productivity and the utilisation of skills.

19.5.10 Streams or Skill streams means a broad grouping of skills related to a particular phase or aspect of production and does not extend beyond the scope of this award.

19.5.11 Supervision: This subclause recognises two levels of supervision that are as follows:

19.5.11(a) General Supervision applies to a person who:

• receives general instructions, usually covering only the broader technical aspects of the work; and
• may be subject to progress checks but such checks are usually confined to ensuring that, in broad terms, satisfactory progress is being made; and
• has their assignments reviewed on completion; and
• although technically competent and well experienced there may be occasions on which the person will receive more detailed instructions.

19.5.11(b) Limited Supervision applies to a person who:

• receives only limited instructions normally confined to a clear statement of objectives; and
• has their work usually measured in terms of the achievement of stated objectives; and
• is fully competent and very experienced in a technical sense and requires little guidance in the performance of work.

19.6 Translation and rates of pay

19.6.1 Translation

19.6.1(a) All employees who are not already classified under the new classification structure shall transfer from their current classification to the new classification structure on the basis of their existing award classification rate in accordance with 19.3.6.

19.6.1(b) No employee shall unreasonably refuse to undertake training provided by the employer in paid work time that would enable the employee to fulfil the substantive requirements of the skill level to which they have translated as a result of the introduction of this subclause. In seeking upward reclassification an employee shall be required to demonstrate that the employee meets the full requirements of the higher skill level in accordance with the criteria outlined in this section.

19.6.2 Rates of pay

19.6.2(a) This section details the rates of pay applicable under this subclause. Payment is for skills used, and employees performing work in a job at their skills classification in that field of work shall be entitled to the minimum rates of pay contained herein by virtue of

• translation to the new structure as detailed in 19.3.6; or
• by having fulfilled the criteria outlined in the skills classification definitions.

19.6.2(b) Clause 19.1.4 shows the calculation of the rate of pay applicable upon translation.