AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]

AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]

APPENDIX 2 - RAILWAY CONSTRUCTION AND MAINTENANCE INDUSTRY WESTERN AUSTRALIAN INDUSTRIAL REGISTRY

1. PREAMBLE

1.1 This Appendix shall apply to employees who are members or eligible to be members of The Australian Workers' Union employed by employers respondent to the Australian Workers' Union Construction and Maintenance (Consolidated) Award 1987 [Print G6898 [A0051 [AW765527]] (the award) who perform work within the scope of the award on railway construction and maintenance north of the 26 degrees South Latitude in Western Australia.

1.2 The provisions of the award shall apply to such work unless any such provisions are inconsistent with the provisions of this Appendix, in which case the provisions of this Appendix shall prevail.

1.3 In the event of any dispute arising concerning the application of this Appendix, and agreement on the matter cannot be reached by the parties, the matter shall be referred to the AIRC for determination.

2. TRAVEL ASSISTANCE

An employee who, by his/her place of engagement, does not qualify for the entitlements of 28.1, shall be entitled to have paid the return economy air fares to Perth for himself/herself, his/her spouse and children once a year on annual leave, provided that:

2.1 The spouse and any dependent children are bona fide residents in the locality.

2.2 A single ticket voucher for each member of the family will be issued prior to the commencement of leave.

2.3 Reimbursement for return fares will be made at the completion of the first pay period commencing on or after the date of return to the job.

Provided further that any employee who may suffer financial hardship in the payment of the return fare shall, on application, be able to collect from the employer's Perth office the necessary return ticket vouchers within two working days prior to the completion of his/her annual leave.

3. PROVISION OF SAFETY BOOTS

3.1 On engagement an employee shall be entitled to receive a free issue of safety footwear or be reimbursed the cost thereof.

3.2 Subsequent replacement shall be as and when necessary, at the employer's discretion. Re-issue shall be on a pair-for-pair basis at the store.

4. LIVING OUT ALLOWANCE

4.1 In circumstances where an employer does not elect to provide suitable board and lodging free of charge, an employee who has an entitlement to it pursuant to 28.1, shall be paid the allowance prescribed in 4.4 in lieu of the provisions of 12.11 and clauses 28 – Distant work and 29 - Camping allowance.

Alternatively an employer may provide suitable Board and Lodging free of charge and the provisions of this clause will not apply.

4.1.1 The allowances prescribed in 4.4 shall only be payable to employees occupying accommodation as principal tenants; i.e. not as paying guests or lodgers.

4.1.2 No living out allowance shall be payable to an employee occupying subsidised accommodation.

4.1.3 Only one living out allowance shall be payable in respect of any one accommodation unit.

4.2 If an employee in receipt of living out allowance is directed by his/her employer to change his/her work location and as a result has to book into camp temporarily, no deduction for camp accommodation charges will be made from his/her living out allowance.

4.2.1 If, however, the transfer becomes a permanent one, the employee will be required to either change his/her place of residence, or forfeit his/her living out allowance while booked into camp.

4.2.2 Similarly, if an employee requests a transfer which necessitates booking into camp he/she will be required to forfeit his/her living out allowance.

4.3 Living out allowance is not payable when an employee is absent from work without permission.

4.4 Workers who qualify for living out allowance in accordance with the provisions of this clause shall be paid $210.90 per week provided that where the employer provides site and services the above amount will be reduced by $29.00 per week.

4.5 The payment prescribed in 4.4 shall be made four-weekly in arrears.

4.6 The payment prescribed in 4.4 shall be reviewed on 7 July each year taking into account movements in accommodation expenses in awards and agreements of the Commission applying in the area.

5. ANNUAL LEAVE

5.1 Notwithstanding the provisions of clauses 22 – Public holidays and 23 - Annual leave, the days: Australia Day, Easter Monday, Foundation Day, Sovereign's Birthday and Boxing Day, shall not be holidays but in lieu thereof there shall be added one week to the annual leave to which each employee is entitled under clause 23 - Annual leave.

5.2 The loading prescribed in 23.6.1 and 23.6.2 shall apply to the additional annual leave taken under this clause.

5.3 The days: Australia Day, Easter Monday, Foundation Day, Sovereign's Birthday and Boxing Day, shall be ordinary working days on the project.

6. WAGES LOADING

[Appx 2:6.1 varied by PR955455 PR966099; PR975328 ppc 01Dec06]

6.1 The rates prescribed in clause 12 - Wages and additional rates shall be increased by a loading of $32.50 per week for all purposes of the award.

6.2 The loading prescribed in 6.1 compensates for all disability factors occurring in the railway construction and maintenance industry and without limiting the generality thereof compensates for clothing, special dust and heat, and lack of air conditioning in mobile plant.