AP815828CRV - Australian Workers' Union Construction and Maintenance Award 2002

PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK 

38. FARES AND TRAVELLING TIME

The following transport allowances shall be reimbursed to employees as compensation for the travel patterns and mobility requirements of the industry:

38.1 Metropolitan radial areas

[38.1.1 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.1.1 Victoria: When employed on work located within a radius of 50 km from the G.P.O. Melbourne or the principal post office at Bendigo, Ballarat or Geelong - $17.25 per day.

[38.1.2 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.1.2 South Australia: When employed on work located within a radius of 30 km from the G.P.O. Adelaide - $16.05 per day.

[38.1.3 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.1.3 Tasmania: When employed on work located within a radius of 30 km from the G.P.O. Hobart or the principal post office Launceston - $16.55 per day.

[38.1.4 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.1.4 Western Australia: When employed on work within a radius of 50 km from the GPO Perth - $17.25 per day.

38.1.5 New South Wales:

[38.1.5(a) varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.1.5(a) When employed on work located within the county of Cumberland, county of Northumberland or county of Camden - $17.25 per day.

[38.1.5(b) varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.1.5(b) When employed on work located within a radius of 50 kilometres from the principle post office in the cities of Penrith, Newcastle, or Campbelltown, and the employers business or branch (other than a construction site) is established in such cities - $17.25 per day.

[38.1.6 varied by PR921791 PR961927 PR976246; PR983944 ppc 07Oct08]

38.1.6 Queensland: When employed on work located within a radius of 50 kilometres from the GPO Brisbane - $16.40 per day.

38.2 Distant jobs

38.2.1 When an employee is working on a distant job as defined by 38.1 of this award, the following allowances shall be paid when the work is carried out away from the place where, with the employer's approval, the employee is accommodated for the distant job:

[38.2.2 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.2.2 Victoria: When employed on work located within 50 km from the place of accommodation - $17.25 per day.

[38.2.3 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.2.3 South Australia: When employed on work located within 30 km from the place of accommodation - $16.05 per day.

[38.2.4 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.2.4 Tasmania: When employed on work located within 30 km from the place of accommodation - $16.55 per day.

[38.2.5 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.2.5 Western Australia: When employed on work located within 50 km from the place of accommodation - $17.25 per day.

[38.2.6 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.2.6 New South Wales: When employed on work located within 50 km from the place of accommodation - $17.25 per day.

[38.2.7 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.2.7 Queensland: When employed on work located within 50 km from the place of accommodation - $17.25 per day.

38.3 Country radial areas

An employer whose business or branch or section thereof is established in any place (other than on a construction site) outside the areas mentioned in 38.1 and 38.2 hereof for the purpose of engaging in construction work therefrom shall, in respect to employees engaged for work for the establishment, pay the following allowances:

[38.3.1 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.3.1 Victoria: When employed on work located within 50 km from the post office nearest the employer's establishment - $17.25 per day.

[38.3.2 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.3.2 South Australia: When employed on work located within 30 km from the post office nearest the employer's establishment - $16.05 per day.

[38.3.3 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.3.3 Tasmania: When employed on work located within 30 km from the post office nearest the employer's establishment - $16.55 per day.

[38.3.4 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.3.4 Western Australia: When employed on work located within 50 km from the post office nearest the employer's establishment - $17.25 per day.

[38.3.5 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.3.5 New South Wales: When employed on work located within 50 km from the post office nearest the employer's establishment - $17.25 per day.

[38.3.6 varied by PR921791 PR936785 PR961927 PR976246; PR983944 ppc 07Oct08]

38.3.6 Queensland: When employed on work located within 50 km from the post office nearest the employer's establishment - $17.25 per day.

38.3.7 Provided that where the employer has an establishment in more than one such place, the establishment nearest the employee's usual place of residence shall be the establishment taken into account, and the employee shall be entitled to he/she provisions of 38.4 hereof when travelling to a job outside the radial area of the establishment nearest his/her residence.

38.4 Travelling outside radial areas

Where an employee travels daily from inside any radial area mentioned in 38.1, 38.2 or 38.3 hereof to a job outside that area, he/she shall be paid:

38.4.1 the relevant allowance prescribed by 38.1, 38.2 or 38.3; and

38.4.2 in respect of travel from the designated radius to the job and return to that radius:

38.4.2(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;

[38.4.2(b) varied by PR921791 PR936785 PR961927; PR976246 ppc 14Feb07]

38.4.2(b) any expenses necessarily and reasonably incurred in such travel, which shall be 48 cents per kilometre where the employee uses his/her own vehicle.

38.5 Travelling between radial areas

38.5.1 The provisions of 38.4 hereof shall also apply to an employee who is required to travel daily from one of the areas mentioned in 38.1 and 38.3 hereof to an area or another area mentioned in 38.1 and 38.3.

38.5.2 Provided that employees in New South Wales who are travelling between radial areas shall not receive any payments for time and expenses as prescribed in 38.5.1(b) hereof unless the employer directs that the employee does so travel as a specific condition of employment.

38.6 Provision of transport

38.6.1 Subject to 38.6.2 and 38.6.3 hereof the allowance prescribed in this clause except the additional payment prescribed in 38.4 and 38.5 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 (or, in the case of 38.2 the employee's place of accommodation) to the place of work and return.

38.6.2 The relevant fares allowance prescribed in this clause shall be payable in respect of any day on which the employer provides a vehicle free of charge to the employee and pursuant to the contract of employment the employee is required by the employer to drive such vehicle from the employee's home to the place of work and return.

38.6.3 Time spent by an employee travelling from the employee's home (or, in the case of 38.2, the employee's place of accommodation) 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 in respect thereof except to the extent provided in and in accordance with clause 30 - Call outs - day workers and 38.4, 38.5 and 39.4 of this award. Provided that 38.6.1 and 38.6.2 of this subclause 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.

38.7 Work in fabricating yard

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

38.8 Requirement 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.

38.9 Transfer during ordinary working hours

38.9.1 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 reimbursed reasonable cost of fares by most convenient public transport between such sites.

[38.9.2 varied by PR921791 PR936785 PR961927; PR976246 ppc 14Feb07]

38.9.2 Provided that where an employer requests an employee to use his/her own car to effect such transfer and such employee agrees to do so the employee shall be paid an allowance at the rate of 89 cents per kilometre.

38.10 Daily entitlement

The travelling allowances prescribed in this clause shall not be taken into account in calculating overtime, penalty rates, annual or sick 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 paid day or shift off as prescribed in clauses 27 - Hours of work - day workers or 28 - Shift work, of this award.

38.11 Employees required to drive plant off site

Notwithstanding anything elsewhere contained in this clause, time occupied by an employee by direction of the employer in driving plant to a camp or centre or job from any point and/or return shall be regarded and paid for as working time.

38.12 Transport from employer's yard

An employee who, by mutual agreement with an employer, reports for work at a permanent off site yard established by the employer and is transported from such yard to the place of work and return shall not be paid the daily fares allowances prescribed by 38.1, 38.2, 38.3, 38.4, and 38.5 of this clause.

38.12.1 All time spent by the employee in such transportation shall be counted as time worked.

38.12.2 Transport provided by the employer pursuant to this subclause shall be free of charge.