AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]
28.1 Where an employee is sent from one place to another and cannot reasonably return to his/her home each night he/she shall be paid an allowance of $48.66 per day or part thereof for the first six days and $340.60 per week of seven days thereafter except where camping facilities are provided by the employer for the employee.
Provided also that the foregoing rates of allowance shall be increased if the employee satisfies the employer that he/she reasonably incurred an expenditure greater than the amount specified.
Provided further that notwithstanding the provisions elsewhere prescribed herein, if an employer elects to provide suitable board and lodging free of charge for an employee such allowances shall not be payable.
28.2 The provisions of 28.1 do not apply with respect to any period during which the employee is absent from work without reasonable excuse and in such a case, where the board and lodging is supplied by the employer, the employer may deduct from moneys owing or which may become owing to the employee an amount equivalent to the value of that board and lodging for the period of the absence.
28.3 Subject to the provisions of 28.5:
28.3.1 the employer shall pay all reasonable expenses including fares, transport of tools, meals and, if necessary, suitable overnight accommodation incurred by an employee or person engaged who is directed by the employer to proceed to the locality of the site and who complies with such direction.
28.3.2 the employee shall be paid at ordinary rate of payment for the time up to a maximum of eight hours in any one day incurred in travelling pursuant to the employer’s direction.
28.4 Where an employee who, after one month of employment with an employer, leaves the employment, or whose employment is terminated by the employer “except for incompetency, within one working week of the employee commencing work on the job or for misconduct” and in either instance subject to the provisions of clause 9 – Contract of service, returns to the place from whence the employee first proceeded to the locality, or to a place less distant than or equidistant to the place where the employee first proceeded, the employer shall pay all expenses – including fares, transport of tools, meals and, if necessary, suitable overnight accommodation – incurred by the employee in so returning. Provided that the employer shall in no case be liable to pay a greater amount under this subclause than the employer would have paid if the employee had returned to the locality from which the employee first proceeded to the job.
28.5 On work north of the 26th parallel of South Latitude the following provisions apply:
28.5.1 the employer may deduct the amount of the forward fare from the employee’s first or later wages but the amount so deducted shall be refunded to the employee if the employee continues to work for three months, or, if the work ceases sooner, for so long as the work continues.
28.5.2 If the employee continues to work for the employer for at least six months or if the work ceases sooner, for so long as the work continues, the employer shall, on termination of the employee’s engagement, pay the fare of the employee back from the place of work to the place of engagement if the employee so desires.
28.6 An employee, to whom the provisions of 28.1 apply, shall be paid an allowance of $31.10 for any weekend that the employee returns home from the job, but only if:
28.6.1 the employee advises the employer or the employer’s agent of the employee’s intention no later than the Tuesday immediately preceding the weekend in which the employee so returns;
28.6.2 the employee is not required for work during that weekend;
28.6.3 the employee returns to the job on the first working day following the weekend; and
28.6.4 the employer does not provide, or offer to provide, suitable transport.
28.7 Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from that job or be paid an allowance of $13.40 per day, provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.
28.8 Notwithstanding any other provisions contained in this clause and in lieu of any such provisions the following conditions shall apply to an employee who is engaged or selected or advised by an employer to proceed to construction work at such a distance that the employee cannot return home each night and where such construction work is located north of the 26th parallel of south latitude or in any other area to which air transport is the only practicable means of travel:
28.8.1 An employee may return home or to Perth or to any other place at a weekend to be mutually agreed upon between the employee and the employer:
28.8.1(a) After four continuous months service with the employer; and in addition to the weekend the employee shall be entitled to two days leave on ordinary pay subject to the provisions of 28.8.2, and
28.8.1(b) After each further period of four months continuous service with the employer; and in addition to the weekend, the employee shall be entitled to two days leave, one of which days shall be on ordinary pay subject to the provisions of 29.8.2.
28.8.2 Where an employee returns home or to Perth or any other place in accordance with the provisions of this subclause and returns to the job and commences work at the time arranged with the employer, on the first working day for that employee immediately following the period of leave referred to in 28.8.1, that employee shall be paid at the completion of the first pay period commencing on or after the day upon which the employee returns to work from the leave taken pursuant to 28.8.1 the ordinary pay for that period of leave and the actual cost of air fares incurred in travelling home or to Perth or to any other place and to the job and which in no case shall exceed the cost of an economy airfare from the job to Perth and return.
28.8.3 The entitlement to leave and travelling accruing to an employee pursuant to 28.8.1 may be availed of as soon as reasonably practicable after it becomes due and if it is not availed of within one month after it so becomes due the entitlement shall lapse.
28.9 Any time in respect of which an employee is absent from work except time for which the employee is entitled to claim payment pursuant to clause 24 – Personal leave or time spent on holidays pursuant to 22.1 of clause 22 – Public holidays and clause 23 – Annual leave, shall not count for determining the employee’s rights to travel and leave under the provisions of 28.8.
