AP815828CRV - Australian Workers' Union Construction and Maintenance Award 2002
39.1 Qualification
An employee shall be entitled to the provisions of this clause when employed on a job or construction work at such a distance from his/her usual place of residence that he/she cannot reasonably return to that place each night, subject to the following conditions:
39.1.1 The employee is maintaining a separate place of residence to which it is not reasonable to expect him/her to return each night; and
39.1.2 The employee, on being requested by the employer, informs the employer, at the time of engagement, that he/she maintains a separate place of residence from the address recorded on the job application.
39.1.3 Subject to 39.2 hereof, an employee shall be regarded as bound by the statement of his/her address and no entitlement shall exist if he/she wilfully and without duress makes a false statement in relation to the above.
39.2 Employee's address
39.2.1 The employer shall obtain and the applicant shall provide the employer with a statement in writing of his/her usual place of residence at the time the employee is engaged and no subsequent change of address shall entitle an employee to the provisions of this clause unless the employer agrees.
39.2.2 Provided that 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 on engagement in lieu of the statement in writing referred to in this paragraph.
39.2.3 The employee shall inform his/her employer in writing of any subsequent change in his/her usual place of residence.
39.2.4 The address of the employee's usual place of residence and not the place of engagement shall determine the application of this clause.
39.3 Entitlement
Where an employee qualifies under 39.1 hereof the employer shall either:
[39.3.1 varied by PR921791 PR936785 PR949361 PR961927 PR976246 PR979554; PR983944 ppc 07Oct08]
39.3.1 pay an allowance of $386.20 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 $55.25 per day;
39.3.2 provide the worker with reasonable board and lodging; or
39.3.3 provided that the foregoing allowances shall be increased if the employee satisfies the employer that he/she reasonably incurred a greater outlay than that prescribed. In the event of disagreement the matter may be dealt with in accordance with clause 12 - Settlement of disputes; or
39.3.4 in circumstances prescribed in 39.7 hereof provide camp accommodation and messing constructed and maintained.
39.4 Travelling expenses
An employee who is sent by his/her employer or selected or engaged by an employer or agent to go to a job which qualifies him/her to the provision of this clause shall not be entitled to any of the allowances prescribed by clause 38 - Fares and travelling time, of this award for the period occupied in travelling from his/her usual place of residence to the distant job, but in lieu thereof shall be reimbursed:
39.4.1 Forward journey
39.4.1(a) For the time spent in so 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).
39.4.1(b) For 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 the employee's gear if such is incurred.
39.4.1(c) for each meal incurred while travelling at the rate prescribed by 23.7 of this award. Provided that such rate shall be increased if the employee satisfies the employer that he/she reasonably incurred an expenditure greater than the rate prescribed by 23.7.
39.4.1(d) Provided that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues his/her employment within two weeks of commencing on the job and who does not forthwith return to his/her place of engagement.
39.4.2 Return journey
39.4.2(a) An employee shall, for the return journey, receive the same time, fares and meal payments as provided in 39.4.1 hereof.
39.4.2(b) Provided that the above return journey payments shall not be paid if the employee terminates or discontinues his/her employment within two months of commencing on the job or prior to the job completion if the work is for less than two months), or if he/she is dismissed for incompetence within one working week of commencing on the job, or is dismissed for misconduct.
39.4.3 Departure point
For the purposes 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.
39.5 Daily fares allowance
An employee engaged on a job which qualifies him/her to 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 38 - Fares and travelling time, of this award.
39.6 Weekend return home
[39.6.1 varied by PR921791 PR936785 PR949361 PR961927 PR976246 PR979554; PR983944 ppc 07Oct08]
39.6.1 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 returns to his/her usual place of residence for the weekend and who notifies the employer or his/her representative, no later than Tuesday of each week, of his/her intention to return to his/her usual place of residence at the weekend, shall be paid an allowance of $32.75 for each occasion.
39.6.2 Subclause 39.6.1 hereof shall not apply to an employee who is receiving the payment prescribed in 39.3.1 hereof in lieu of board and lodging being provided by the employer or who is receiving a camping allowance as prescribed in 39.7 hereof.
39.6.3 When an employee returns to his/her usual place of residence for a weekend or part of a weekend and does not absent himself from the job for any of the ordinary working hours, no reduction of the allowance prescribed in 39.6.2 hereof shall be made.
39.7 Construction camps
39.7.1 Camping allowance
[39.7.1 varied by PR921791 PR936785 PR949361 PR961927 PR976246; PR979554; PR983944 ppc 07Oct08]
An employee living in a construction camp where free messing is not provided shall receive a camping allowance of $155.32 for every complete week he/she is available for work. If required to be in a camp for less than a complete week he/she shall be paid $22.15 per day including any Saturday or Sunday if he/she 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.
39.7.2 Camp accommodation
Where an employee is engaged on the construction of projects which are located in areas where suitable board and lodging as defined in 39.3.5 hereof is not available, or where the size of the workforce is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working of shifts necessitate camp accommodation, and where, because of these circumstances, it is necessary to house the employees in a camp, such camp shall be constructed and maintained.
39.7.3 Camp meal charges
Where a charge is made for meals in a construction camp, such charge shall be fixed by agreement between the parties.
39.8 Rest and recreation
39.8.1 Bus and rail travel
39.8.1(a) An employee who proceeds to a job which qualifies him/her to the provisions of this clause, may, after two months continuous service thereon and thereafter at three monthly periods of continuous service thereon, return to his/her usual place of residence at the weekend. If he/she does so, he/she shall be paid the amount of a bus or second class return railway fare to the bus or railway station nearest his/her usual place of residence on the payday which immediately follows the date on which he/she 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.
39.8.1(b) 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 as herein before mentioned, then the provisions of this subclause shall not be applicable.
39.8.2 Air travel
39.8.2(a) Notwithstanding any other provisions contained in 39.8.1 hereof and in lieu of such provisions, the following conditions shall apply to an employee who qualifies under 39.1 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:
and shall in such circumstances be entitled to two days leave with pay in addition to the weekend.
39.8.2(b) Thereafter the employee may return to his/her usual place of residence after each further period of ten weeks continuous service on site (in Victoria, South Australia and Tasmania) or fourteen weeks continuous service on site (in Western Australia) and shall, on each occasion, be entitled to two days leave of which one day shall be paid leave.
39.8.2(c) 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 the date of return to the job.
39.8.3 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 39.6, of this award.
39.8.4 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 entitlements.
39.8.5 Non payment in lieu
Payment of fares and leave with pay as provided for in this subclause shall not be made unless the rest and recreation leave is taken by the employee.
39.9 Alternative paid day off procedure
If the employer and the employee so agree in writing, the paid rostered day off as prescribed in clauses 27 - Hours of work - day workers and 28 - Shift work, of this award may be taken, and paid for, in conjunction with the additional rest and recreation leave as prescribed in 39.8 hereof, or at the end of the project, or on termination whichever comes first.
39.10 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.
