Table of Contents - AP817265

Pre-amble
Part 1 application and operation of award
1. Award title
2. Arrangement
Part 1 application and operation of award
Part 2 award flexibility
Part 3 consultation and dispute resolution
Part 4 employer and employees duties, employment relationship and related arrangements
Part 5 wages and related matters
Part 6 hours of work, breaks, overtime, shift work, weekend work
Part 7 leave of absence and public holidays
Part 8 transfers, travelling and working away from usual place of work
Part 9 training and related matters
3. Anti-discrimination
4. Definitions
5. Commencement date and period of operation
6. Coverage of award
7. PartiEs bound
8. Persons, organisations, industries and employers exempted from coverage
9. Relationship with other awards
Part 2 award flexibility
10. Enterprise flexibility
Part 3 consultation and dispute resolution
11. Disputes resolution procedure
Part 4 employer and employees duties, employment relationship and related arrangements
12. Employer and employee duties
13. Employment categories
14. Stand down of employees
15. Redundancy
16. Termination of employment
Part 5 wages and related matters
17. Classifications and wage rates
18. Junior labour
19. Allowances
20. Special rates
21. Mixed functions
22. Inclement or wet weather
23. Payment of wages
24. Superannuation
Part 6 hours of work, breaks, overtime, shift work, weekend work
25. Hours of work
26. Breaks
27. Overtime and special time
28. Weekend work
29. Shift work
Part 7 leave of absence and public holidays
30. Annual leave
31. Personal leave
32. Parental leave
33. Jury service
34. Public holidays and holiday work
Part 8 transfers, travelling and working away from usual place of work
35. Living away from home distant work
36. Fares and travel patterns allowance
Part 9 training and related matters
37. Adult trainee terrazzo worker
1. Title
2. PartiEs and persons bound
3. Application
4. Exceptions
5 Operation and duration
1. Title
2. PartiEs and persons bound
3. Application
4. Exceptions
5. Operation and duration
National Joinery and Building Trades Products Award 2002


This pre-reform award (AP) is a direct copy of the federal award (AW) that existed immediately prior to commencement (26 March 2006). This copy is intended for reference purposes only.


AW817265CRV [loose-leaf version]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION


AUSTRALIAN INDUSTRIAL REGISTRY LOOSE-LEAF CONSOLIDATION


NATIONAL JOINERY AND BUILDING TRADES PRODUCTS AWARD 2002


This award as varied to 7 October 2005 (variation PR963690) comprises pages:

1-2 2-2 3-2 4-1 5 6 7 8 9 10 11 12-1 13-1 14-2 14A-1 14B

15-1 16-1 17-1 17A 17B-1 18-4 19-3 20-1 21 22 23 24 25 26

27-3 28-3 28A 28B 28C 28D 28E 28F 28G 28H 29-3 30-3 31-3

32-3 33-7 34-7 35-5 35A 36-7 37-6 38-2 39-3 40-3 41-3 42-3

42A-2 42B-2 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57

58 59 60 61 62 63 64 65 66 67 68 69 70-4 71-4 72-2 73-2 74

Respondents:

75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90

91 92 93 94 95 96 97 98 99 100 101 102 103 104 105

106 107 108 109 110 111 112 113 114 115

<Total number of pages = 131>

DISCLAIMER

Please note that this consolidated award is prepared by the Australian Industrial Registry, and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Official copies of Australian Industrial Relations Commission decisions, awards and orders can be purchased from the Australian Industrial Registry in each capital city.

Printed by Authority by the Commonwealth Government Printer

AW817265CRV [loose-leaf version]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00651 of 1998)

S.99 NOTIFICATION OF AN INDUSTRIAL DISPUTE


Construction, Forestry, Mining and Energy Union

and

A & A Expo International and Others
(C2001/5715)


NATIONAL JOINERY AND BUILDING TRADES PRODUCTS AWARD 1993
(ODN C No. 20543 of 1990)
[Print K6616 [N0183]]

Various employees
Building, metal and civil construction industries


SENIOR DEPUTY PRESIDENT WILLIAMS
MELBOURNE, 5 AUGUST 2002


Award simplification.

ORDER


A. Further to the decision issued by the Commission on 5 August 2002 [PR920659], the above award is varied as follows:

By deleting all clauses, schedules and appendices and inserting the following:

PART 1 – APPLICATION AND OPERATION OF AWARD


1. AWARD TITLE

This award shall be known as the National Joinery and Building Trades Products Award 2002.

  1. ARRANGEMENT


[2 varied by PR953535 from 22Nov04; PR960137 ppc 29Jun05]

This award is arranged as follows:

Part 1 – Application and operation of award

  1. Award title
  2. Arrangement
  3. Anti-discrimination
  4. Definitions
  5. Commencement date of award and period of operation
  6. Coverage of award

6.1 Locality

6.2 Scope

  1. Parties bound
  2. Persons, organisations, industries and employers exempted from coverage
  3. Relationship with other awards


Part 2 – Award flexibility

  1. Enterprise flexibility


Part 3 – Consultation and dispute resolution

  1. Disputes resolution procedure

11.1 Settlement of disputes

11.2 Redundancy disputes

11.3 Posting of award


Part 4 – Employer and employees’ duties, employment relationship and related arrangements

  1. Employer and employee duties

12.1 Work organisation

12.2 Time records

  1. Employment categories

13.1 Weekly employment

13.2 casual employment

13.3 Part-time employment

  1. Stand down of employees
  2. Redundancy

15.1 Definitions

15.2 Severance pay

15.3 Transmission of business

15.4 Employees exempted

15.5 Incapacity to pay

15.6 Alternative employment

15.7 Employee leaving during notice period

15.8 Job search entitlement

15.9 Transfer to lower paid duties

  1. Termination of employment


Part 5 – Wages and related matters

  1. Classifications and wage rates

17.1 Wage rates

17.2 Classifications

17.3 Broadbanded group definitions and skill level descriptions

17.4 Leading hands

17.5 Piecework – precast concrete manufacture

17A Transitional Wage Rates for Victoria - Application of Common RuleAward

  1. Junior labour

18.1 New South Wales

18.2 South Australia - unapprenticed

18.3 South Australia - apprenticed

18.4 Victoria - apprentices

18.5 Victoria – juvenile workers

18.6 Western Australia - apprentices

  1. Allowances

19.1 Industry allowance

19.2 Tool allowance

19.3 First aid allowance

19.4 Meal allowance

19.5 Employee protection allowance

19.6 Compensation for clothing and tools

19.7 Location allowance – Western Australia

19.8 Accident pay

  1. Special rates
  2. Mixed functions
  3. Inclement or wet weather
  4. Payment of wages
  5. Superannuation


Part 6 – Hours of work, breaks, overtime, shift work, weekend work

  1. Hours of work
  2. Breaks

26.1 Meal break

26.2 Rest periods

26.3 Crib breaks

  1. Overtime and special time
  2. Weekend work
  3. Shift work


Part 7 – Leave of absence and public holidays

  1. Annual leave
  2. Personal leave
  3. Parental leave
  4. Jury service
  5. Public holidays and holiday work


Part 8 – Transfers, travelling and working away from usual place of work

  1. Living away from home - distant work
  2. Fares and travel patterns allowance

Part 9 – Training and related matters

  1. Adult trainee terrazzo worker


3. ANTI-DISCRIMINATION

3.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

3.2 Accordingly, in fulfilling their obligations under the dispute resolution procedure, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

3.3 Nothing in this clause is taken to affect:

3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

3.3.2 junior rates of pay;

3.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

3.3.4 the exemptions in s.170CK(3) and (4) of the Act.

  1. DEFINITIONS

4.1 “Assembler A” means an employee who in manufacturing any article is:

4.1.1 wholly engaged in assembling prepared pieces of timber or other material (which is dressed, morticed, tenoned or otherwise prepared by machining) by cramping, nailing, screwing, gluing or fastening in any way;

4.1.2 not responsible for the dimensions of the article other than by checking with gauges or other measuring instruments but may be required to trim, dress and/or sand such prepared articles (excepting the fitting of joints) in accordance with instructions given by a tradesperson.

4.2 “Assembler B” means an employee engaged exclusively on repetitive assembly of joinery components on any automatic, semi-automatic or single purpose machine and whose work may include:

4.2.1 the repetitive assembling of component parts of any article in predetermined positions in which no fitting or adjustment is required;

4.2.2 the attachment of accessories, such as window fasteners, casement stays or balances, to articles in predetermined prepared positions, provided that no such employee shall be responsible for the setting up of machinery or the dimension of the products.

4.3 “Carpenter and joiner” means an employee employed as a carpenter and/or joiner upon shopfitting work or construction work (as defined), or maintenance (as defined), or precast concrete manufacturing (as defined) and upon any work ordinarily performed by carpenters and/or joiners in any workshop, establishment or yard not located as an “on-site” building project. Without limiting the generality of the foregoing:

4.3.1 in N.S.W., Victoria and South Australia the work of a joiner shall include a trade joiner employed in a joinery shop (as defined) engaged in cutting and glazing all types of glass up to and including 6.35 millimetres in thickness,

4.3.2 in N.S.W. the work of carpenters may include:

4.3.2(a) work in connection with prefabricated units;

4.3.2(b) the marking out, lining, plumbing and levelling of steel formwork and supports thereto;

4.3.2(c) the stripping of steel formwork shutters or boxing;

4.3.2(d) the erection of curtain walling and the fixing of external wall cladding;

4.3.2(e) the erection of metal windows or doors;

4.3.2(f) the manufacture, installation, alteration and/or repair of shopfronts, showcases, exhibitors’ stands, and interior fittings and fixtures in or on buildings, and the erection or installation of partitions, including the insertion of glass panels where the glass is 6.35mm or less in thickness by beads or moulds or other dry glazing methods;

4.3.2(g) precutting or prefabricating of buildings, including the actual erection of a building using prepared sections or components;

4.4 “Carvers” are those who carve any kind of stonework which does not come within the definition of a stonemason (as defined), for the decoration of buildings or other stonework, from a model or freehand design.

4.5 “Casual Employee” means an employee who is engaged and paid as such.

4.6 “Commission” means the Australian Industrial Relations Commission.

4.7 “Confined Space” means a place the dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation.

4.8 “Construction Work” shall include, without being limited to, the erection, ornamentation, repair, demolition, renovation and maintenance, other than maintenance as defined in 4.21 hereof, of buildings and or structures, including the making, preparing, assembling or fixing of all woodwork and fittings in connection therewith; the making, preparing, assembling and fixing of any material necessitating the use of trade tools or machines, and the prefabricating of a building in an open yard.

Provided that work in Stonemasonry yards and/or shops in cemeteries in Victoria shall not be regarded as construction work.

4.9 “Employee” means a person employed under the terms and conditions of this Award.

4.10 “Factory Hand” means an employee in South Australia engaged in precast concrete manufacture who is responsible for cleaning the work area as necessary, loading of trucks, general labouring (including stoning down and bagging) and assisting other production workers other than as a “Factory Hand”.

4.11 “Joiner” means a person employed in N.S.W. as a tradesperson joiner and includes a tradesperson employed in a joinery shop engaged in cutting and glazing all types of glass up to and including 6.35 millimetres in thickness.

4.12 “Joiner Setter Out” means a tradesperson joiner engaged in interpreting working drawings or plans, computing quantities, selecting materials and marking out components required for manufacture to a specific design.

4.13 “Joiner Special Class” means an employee employed in N.S.W. on complex, intricate, special or detail work as a normal part of their duties.

4.14 “Joinery shop” means any establishment wherein joinery work is performed, provided such establishment is not located on an ‘on-site’ construction project or within a mixed industry (as defined).

4.15 “Joinery Work” means all work performed in a joinery shop (as defined) of the classifications contained in this award, and includes the preparation, decoration and assembling of joinery or building components in timber or other recognised building and joinery material in the shop, factory or yard of the employer.

4.16 “Leading hand” means an employee responsible for directing and/or supervising the work of other persons.

4.17 “Letter cutters” are those who mark out, sandblast, cut or finish letters or decoration in any kind of stone.

4.18 “Machinist Grade l” means a person required to operate more than two machines for the sawing, gritting, facing or polishing necessary on all kinds of stone, terrazzo or similar compositions.

4.19 “Machinist Grade 2” means a person required to operate no more than two machines for the sawing, gritting, facing or polishing necessary on all kinds of stone, terrazzo or similar compositions.

4.20 “Machinist (Precast Concrete Manufacture)” means an employee who sets up and operates a machine for the polishing of all kinds of compositions, reconstituted stone or granite, terrazzo or similar compositions to a specified surface in a factory.

4.21 “Maintenance” means small carpentry, repair and renovation work.

4.22 “Mixed Industry” means an employer’s enterprise carried on for the purpose of the production, treatment, distribution or provision of articles, goods, merchandise and materials not mainly attributable to or mainly dependent on the work performed by employees covered by this award. Provided that this definition shall not extend to employees engaged on construction work (as defined). For the purposes of this provision, ‘enterprise’ means any factory, depot, premises or other place of the employer at which employees normally report for work or for the location of work or from which work is normally allocated to employees. Provided that any one or more such factories, depots, premises or other places of the employer in the same immediate vicinity shall be counted as one establishment. Further, for the purposes of this provision, ‘employees’ shall mean all employees in any capacity excepting administrative, sales and clerical employees.

4.23 “Operator of Explosive Powered Tools” means an employee qualified in accordance with the laws and regulations of the respective State to operate explosive powered tools.

4.24 “Outside work” means erection or assembly work performed on prefabricated buildings at the employers’ premises outside of enclosed factory buildings.

4.25 “Painter” means an employee engaged in any manner whatsoever in the painting and/or decorating of or in connection with all buildings and structures, including prefabricated buildings and structures, plant, machinery and equipment (commercial, residential, industrial or otherwise) and any prefabricated or prepared parts of buildings and structures.

4.26 “Precast Concrete Manufacturing” means in South Australia all work performed in the preparation, or casting and/or machining of re-constituted granite, terrazzo, marble, mosaic or precast articles.

4.27 “Prefab Setter” means an employee computing or estimating quantities or setting out material or rods from a plan, or setting up guides, jigs or machinery for fixing hardware or for the repetitive production of building modules, sections or components.

4.28 “Prefab Tradesperson” means in the states of Western Australia, Queensland and Victoria any tradesperson, carpenter, joiner, or machinist employed on the work of pre cutting or prefabricating buildings and shall include employees engaged on the actual erection of the building using prepared sections or components.

4.29 “Prefabricated Building” means any building which is prefabricated in sections, modules or panels at a factory or yard prior to erection or siting in a permanent or semi-permanent position, including buildings or sections supplied in kit form.

4.30 “Setter Out” means in Victoria and South Australia a tradesperson joiner engaged in interpreting working drawings or plans, computing quantities, selecting materials and marking out components required for manufacture to a specific design.

4.31 “Shopfitting” means the manufacture, installation, alteration, and/or repair of shopfronts, showcases, partitions involving wrap around glazing, partitions (including the insertion of glass panels where the glass is 6.35 millimetres or less in thickness, by beads or moulds or other dry glazing methods), exhibitor’s stands, and interior fittings and fixtures in or on buildings, other than small carpentry repair and renovation work carried out by a carpenter or joiner employed in a mixed industry (as defined).

4.32 “Shop work” or “Factory work” means any work performed in a workshop or factory or yard not located at an on site construction project.

4.33 “Stonemason” means an employee engaged in the dressing or setting of any kind of stonework that has to be cut to a mould or template or which has to be proven by a square or straight edge or set to a line or a level.

4.34 “Stonemasonry” means any work performed in Victoria in a stonemasons yard or factory, and/or cemetery work.

4.35 “Signwriter” means an employee who does any of the following work:

4.35.1 signwriting, designing and/or lettering of price tickets and showcards;

4.35.2 pictorial and scenic paintings, or production of signs and posters by means of stencils screens computers or like methods or any other work incidental thereto including cutout displays of all descriptions, pictorial scenic or lettering;

4.35.3 and without limiting the generality of the foregoing shall include:

4.35.3(a) lettering of every description, size or shape applied by brush on any surface or material;

4.35.3(b) designing for windows, posters, show window and theatre displays, honour rolls, illuminated addresses, neon signs, stencils, display banners;

4.35.3(c) gilding, i.e. the application of gold, silver, aluminium or any metal leaf to any surface;

4.35.3(d) designing and laying out of cutout displays of all descriptions, either pictorial, scenic or lettering;

4.35.3(e) the designing, setting up and the operation for duplication of signs on any material.

4.35.4 Without limiting the general meaning, signwriting work shall include the making of stencils and stencilling by screens or any other method and the making and/or fixing of transfers.

4.36 “Shop work painting” means shop work (as defined) when performed by a painter (as defined).

4.37 “Shop work signwriting” means shop work (as defined) when performed by a signwriter (as defined).

4.38 “Terrazzo Assistant” means in South Australia an employee not being a labourer or recognised tradesperson, who under supervision, is engaged as a steel fixer, concrete finisher or general machinist on concrete and terrazzo cast articles and/or precast terrazzo in slab or veneer form.

4.39 “The Act” means the Workplace Relations Act 1996, as it may be amended from time to time.

4.40 “Tradesperson (precast concrete manufacturing)” means an employee in South Australia (other than a carpenter and joiner) engaged on, and capable of, working direct from drawings or specifications in the laying or finishing of mosaic, terrazzo or concrete castings, or when making or fixing precast terrazzo in slab or veneer form.

4.41 “Union” means each of the organisations set out in clause 7 of this Award.

5. COMMENCEMENT DATE AND PERIOD OF OPERATION


This Award shall come into operation on and from 2 September 2002 and shall remain in force for a period of twelve months.

  1. COVERAGE OF AWARD

6.1 Locality

This award shall apply in the States of Victoria, South Australia, Queensland, Tasmania, Western Australia and New South Wales.

6.2 Scope

Subject to the exceptions and modifications contained herein, this award applies to the employment of persons in the classifications contained in clause 17 hereof, engaged on any of the following:


• joinery work (as defined),
• shopfitting (as defined),
• construction work (as defined),
• maintenance (as defined),
• precast concrete manufacturing (as defined),
• prefabricated buildings (as defined),
• in a mixed industry (as defined),
• stonemasonry (as defined),
• shop work painting (as defined),
• shop work signwriting (as defined).

7. PARTIES BOUND

This award shall be binding upon:

7.1 The Construction, Forestry, Mining and Energy Union and its officers and members employed by members of the employer organisations listed in Schedule A and the employers listed in Schedule B to this award.

7.2 The Australian Workers’ Union (to the extent of its capacity to represent employees in the classifications contained in this award) employed by members of the employer organisations and employers listed in Schedule A and Schedule B to this award respectively, in the States of Victoria, South Australia and Tasmania only.

7.3 Members of the employer organisations listed in Schedule A and the employers listed in Schedule B to this award in respect of their employees within the classifications contained in this award whether members of the organisations listed in 7.1 and 7.2 or not.


8. PERSONS, ORGANISATIONS, INDUSTRIES AND EMPLOYERS EXEMPTED FROM COVERAGE

This award shall have no application to employers respondent to the Timber and Allied Industries Award 1999 [AW800937] other than to the extent to which the award referred to in clause 9 hereof applied prior to the making of this award.

  1. RELATIONSHIP WITH OTHER AWARDS


This Award shall supersede the National Joinery and Building Trades Products Award 1993 and all roping-in awards made pursuant to that award.

PART 2 – AWARD FLEXIBILITY

10. ENTERPRISE FLEXIBILITY

10.1 Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

10.1.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

10.1.2 For the purpose of the consultative process the employees may nominate the union or unions bound by this award to represent them. Where it is known that a union party to this award has membership in an enterprise or workplace, the employer must notify the union prior to commencing negotiations for an agreement.

10.1.3 Where agreement is reached an application to vary the award shall be made to the Commission.


PART 3 – CONSULTATION AND DISPUTE RESOLUTION

11. DISPUTES RESOLUTION PROCEDURE

11.1 Settlement of disputes

11.1.1 In the event of any dispute or claim arising between an employer and an employee such dispute or matter shall be dealt with in the following manner:

11.1.1(a) In the first instance the dispute or claim shall be taken up with the foreperson or supervisor by the employee or employees concerned or the duly appointed union representative.

11.1.1(b) For the purposes of this award duly appointed union representative shall mean the union member appointed as a job steward/delegate by the union members employed at each company or site and accredited by the union. Such job steward/delegate shall be allowed the necessary time during working hours to interview the employee(s), the employer or nominated employer representative, and duly accredited Officials of the Union on the matters in dispute.

11.1.1(c) Provided that the foregoing does not relieve the job steward/delegate of the obligation imposed by the employer.

11.1.1(d) If the dispute or claim is not satisfactorily resolved in accordance with 11.1.1(a) hereof, then the employee(s) or the duly appointed union representative shall approach the employer or the employers representative for discussion and/or negotiation.

11.1.1(e) If the matter remains unresolved, the duly appointed union representative shall inform the State Secretary or other appropriate State official of the union of the nature of the matter in dispute or claimed and discussions shall take place as soon as possible between such officers or representatives of an association of employers as the employer may desire and the respective union. The employer shall afford to the duly appointed union representative such available facilities as to assist in making early contact with the union.

11.1.1(f) If settlement cannot be reached through the above procedures, either party may refer the matter to the Australian Industrial Relations Commission.

11.1.2 Where the above procedures are being followed, work shall continue normally. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause. This subclause shall not apply to any dispute involving a bona fide safety issue.

11.1.3 If the dispute is not finalised within seven days of notification the parties shall be free to exercise their rights.

11.1.4 Provided however, that where a separate disputes settlement procedure has been agreed between the parties as part of an on-site agreement, and this has been endorsed by the Commission, that procedure shall prevail over the above.

11.1.5 Each duly appointed union representative shall be granted up to five days paid leave per year to undertake training that will assist them in their settlement of disputes role. The time of taking such leave shall be agreed with the relevant union so as to minimise any adverse affect on the employers’ operations.

11.2 Redundancy disputes


[new 11.2 inserted by PR953535 from 22Nov04]

11.2.1 Subclauses 11.2.2 and 11.2.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees on the day the dispute arises.

11.2.2 Where a redundancy dispute arises, and if it has not already done so, an employer must provide, in good time, affected employees and the relevant union or unions (if requested by any affected employee) with relevant information including:

the reasons for any proposed redundancy;

  • the number and categories of workers likely to be affected; and

  • the period over which any proposed redundancies are intended to be carried out.

11.2.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.

11.3 Posting of award


[11.2 renumbered as 11.3 by PR953535 from 22Nov04]

A consolidated copy of this Award (with all variations included) shall be kept by the employer in a prominent place on the employer’s premises and be made readily accessible to the employees.


PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

12. Employer and employee duties

12.1 Work organisation

12.1.1 An employee may be directed to carry out such duties, and use such tools as may be required, which are within the limits of the employee’s skill, competence and training including but not limited by duties which are incidental and peripheral to the employee’s main task or function.

12.1.2 An employee may be directed to transfer to another job or location, or onto or off a building site at the discretion of the employer.

12.1.3 An instruction issued by an employer pursuant to 12.1.1 and 12.1.2 hereof shall be consistent with the employer’s responsibility to provide a safe and healthy working environment.

12.2 Time records

12.2.1 Each employer shall keep a record from which can be readily ascertained the following:

12.2.1(a) The name of each employee and the employee’s

classification.

12.2.1(b) The hours worked each day.

12.2.1(c) The gross amount of wages and allowances paid.

12.2.1(d) The amount of each deduction made and the nature thereof.

12.2.1(e) The net amount of wages and allowances paid.

12.2.1(f) The superannuation contributions made, and the employer’s and employee’s superannuation scheme number.

12.2.1(g) Any relevant records which detail taxation deductions and remittance to the Australian Taxation Office, including those payments made as PAYE or PAYG Tax, whether under a Group Employer’s Scheme or not.

12.2.1(h) A certificate of other documentation from the State Long Service Leave Board or Authority which will confirm the employer’s registration, the day of the last payment, and the period for which that payment applies. (Where such documentation is available under State legislation).

12.2.1(i) The employer’s Workers Compensation Policy or other satisfactory proof of insurance such as a renewal certificate.

12.2.2 All records and documentation referred to in subclause 12.2.1, or copies thereof, shall be available for inspection during the usual office hours at the employer’s office or other convenient place.


13. EMPLOYMENT CATEGORIES

13.1 Weekly employment

Except as provided in 13.2 and 13.3 hereof, an employee shall be engaged by the week.

13.2 Casual employment


[13.2 substituted by PR931673 ppc 04Sep03]

13.2.1 A casual employee is one engaged and paid in accordance with the provisions of this clause. A casual employee shall be entitled to all of the applicable rates and conditions of employment prescribed by this Award except annual leave, personal leave, parental leave, jury service, public holidays, notice of termination of employment and redundancy.

13.2.2 An employer when engaging a person for casual employment must inform the employee in writing that the employee is to be employed as a casual, stating by whom the employee is employed, the job to be performed, the classification level, the actual or likely number of hours to be worked, and the relevant rate of pay.

13.2.3 Engagement shall be by the hour with a minimum daily engagement of 7.6 hours.

13.2.4 Termination of employment shall be by one hour’s notice or by the payment or forfeiture, as the case may be, of the remainder of the day’s wages or one hour’s pay, whichever amount is greater.

13.2.5 An employee shall not be employed as a casual employee for more than twelve weeks in any twelve months, provided that such period may, by mutual agreement between the employer and employee (and which is to be recorded in the time and wages record), be extended to meet the following circumstances :

13.2.5(a) exceptional work demands;

13.2.5(b) relieving an employee who is on extended leave or workers compensation.

13.2.6 A casual employee for working ordinary time shall be paid 125 per cent of the hourly equivalent (i.e. one thirty-eighth) of the appropriate weekly rate prescribed by clause 17 for the employee’s classification.

13.2.7 A casual employee required to work overtime, or weekend work, or on a public holiday shall be entitled to the relevant penalty rates prescribed by clauses 27, 28 and 34, provided that:

13.2.7(a) where the relevant penalty is time and a half, the employee shall be paid 175 per cent of the hourly equivalent of the appropriate weekly rate prescribed by clause 17 for the employee’s classification; and

13.2.7(b) where the relevant penalty is double time, the employee shall be paid 225 per cent of the hourly equivalent of the appropriate weekly rate prescribed by clause 17 for the employee’s classification; and

13.2.7(c) where the relevant penalty is double time and a half, the employee shall be paid 275 per cent of the hourly equivalent of the appropriate weekly rate prescribed by clause 17 for the employee’s classification.

13.3 Part time employment

13.3.1 An employer wishing to establish part-time employment shall notify in writing (ie. by prepaid post, certified mail, fax, lettergram, etc.) the secretary of the state branch of the appropriate union(s), where applicable, at least 10 days before any such arrangement is implemented.

13.3.2 An employee may be engaged to work on a part-time basis involving a regular pattern of hours which shall average less than 38 hours per week.

13.3.3(a) Before commencing part-time employment, the employee and employer must agree:

(1) upon the hours to be worked by the employee, the days upon which they will be worked and the commencing and finishing times for the work;

(2) upon the classification applying to the work to be performed in accordance with clause 17 of this award.

13.3.3(b) Except as otherwise provided in this award a part-time employee is entitled to be paid for the hours agreed upon in accordance with 13.3.3(a)(1).

13.3.3(c) The terms of this agreement may be varied by consent.

13.3.3(d) The terms of this agreement or any variation to it shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.

13.3.4 An employee engaged on a part-time basis shall be entitled to all other benefits available to full-time employees arising under this award on a proportional basis depending on the number of ordinary regular hours worked per week.

13.3.5 A part-time employee who works in excess of the hours fixed under 13.3.3(a)(1) hereof shall be paid overtime in accordance with Clause 27 - Overtime and Special Time of this award.

  1. STAND DOWN OF EMPLOYEES

The employer may deduct payment for any day or part thereof upon which an employee cannot be usefully employed because of any strike by or participation in any strike by members of the union; or because of any strike by members of the union employed by the employer; or because of any strike by or participation in any strike by any other union, organisation or association or by any branch thereof, or by any members thereof who are employed the employer; or because of any stoppage of work for any cause, including breakdown of machinery or failure or lack of power, for which cause the employer is not responsible.

15. REDUNDANCY

[15 substituted by PR953535 from 22Nov04]

15.1 Definitions

15.1.1 Business includes trade, process, business or occupation and includes part of any such business.

15.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.


15.1.3 Small employer means an employer which employs fewer than 15 employees.

15.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

15.1.5 Week’s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

  • overtime
  • penalty rates;
  • disability allowances;
  • shift allowances;
  • special rates;
  • fares and travelling time allowances;
  • bonuses; and
  • any other ancillary payments of a like nature.

15.2 Severance pay

15.2.1 Severance pay - other than employees of a small employer

An employee, other than an employee of a small employer, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and less than 5 yeas
8 weeks’ pay
5 years and less than 6 years
10 weeks’ pay
6 years and less than 7 years
11 weeks’ pay
7 years and less than 8 years
13 weeks’ pay
8 years and less than 9 years
14 weeks’ pay
9 years and less than 10 years
16 weeks’ pay
10 years and over
12 weeks’ pay

* Week’s pay is defined in 15.1.5.

15.2.2 Severance pay - employees of a small employer

An employee of a small employer as defined in 15.1.3 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and over
8 weeks’ pay

* Week’s pay is defined in 15.1.5.

15.2.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

15.2.4 Continuity of service shall be calculated in the manner prescribed by 30.6.

15.2.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].

15.3 Transmission of business

15.3.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

15.3.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

15.3.1(b) Where the employee rejects an offer of employment with the transmittee:

  • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

  • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

15.3.1.(c) The Commission may vary 15.3.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

15.4 Employees exempted

This clause does not apply to:

  • employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
  • probationary employees;
  • apprentices;
  • trainees;
  • employees engaged for a specific period of time or for a specified task or tasks; or
  • casual employees.

15.5 Incapacity to pay

The Commission may vary the severance pay prescription on the basis of an employer’s incapacity to pay. An application for variation may be made by an employer or a group of employers.

15.6 Alternative employment

15.6.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

15.6.2 This provision does not apply in circumstances involving transmission of business as set in 15.3.

15.7 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in 16.1.1. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

15.8 Job search entitlement

15.8.1 During the period of notice of termination given by the employer in accordance with 16.1.1, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

15.8.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall at the request of the employer, be required to produce proof of attendance at an interview or he/she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

15.8.3 The job search entitlements under this subclause apply in lieu of the provisions of 16.3.

15.9 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated, and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.


16. TERMINATION OF EMPLOYMENT

16.1 Notice of Termination of Employment

16.1.1 Except as provided in 16.1.5, the employer when terminating the employment of an employee shall give to the employee the following notice:

Period of continuous service
Period of notice


1 year or less
1 week
1 year and up to the completion of 3 years
2 weeks
3 years and up to the completion of 5 years
3 weeks
5 years and over
4 weeks

16.1.2 In addition to the notice in 16.1.1 employees over 45 years of age at the time of giving notice with not less than two years continuous service shall be entitled to an additional weeks notice.

16.1.3 Payment in lieu of notice prescribed in 16.1.1 and 16.1.2 shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice and part payment in lieu thereof.

[16.1.4 substituted by PR953535 from 22Nov04]

16.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

16.1.4(a) the employee’s ordinary hours of work (even if not standard hours); and

16.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

16.1.4(c) any other amounts payable under the employee’s contract of employment.


[16.1.5 substituted by PR953535 from 22Nov04]

16.1.5 The period of notice in this clause does not apply:

16.1.5(a) in the case of dismissal for serious misconduct;

16.1.5(b) to apprentices;

16.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks;

16.1.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

16.1.5(e) to casual employees.

16.2 Notice of Termination By Employees

16.2.1 The notice of termination required to be given by an employee shall be the same as that required for an employer, save and except that there shall be no additional notice based on the age of the employee concerned.

[16.2.2 substitued PR953535 from 22Nov04]

16.2.2 If an employee fails to give the notice set out in 16.1.1 then the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 16.1.4.

16.3 Job Search Entitlement


[16.3 Time off During Notice Period title changed by PR953535 from 22Nov04]

Where an employer has given notice of termination to an employee, the employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

16.4 Transmission of business


[16.4 inserted by PR953535 from 22Nov04]

Where a business is transmitted from one employer to another, as set out in clause 15 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.



PART 5 – WAGES AND RELATED MATTERS

17. CLASSIFICATIONS AND WAGE RATES

17.1 Wage rates

17.1.1 Except as elsewhere provided in this Award, the minimum rates of pay payable to an adult employee (other than an apprentice) in a classification or class of work specified in 17.2 shall be the total of the base rate identified in 17.1.2 plus where applicable the allowances prescribed in clauses 17.4, 19.1 and 19.2 of this award.


[17.1.2 substituted by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

17.1.2 The base rates of pay for the broadbanded groups shall be as follows:

Broadbanded group
Weekly rate

$
Group 7
619.90
Group 6
599.10
Group 5
578.20
Group 4
544.50
Group 3
523.60
Group 2
501.00
Group 1
484.40


Arbitrated safety net


[17.1.3 varied by PR932076 PR946800 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

17.1.3 The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages - June 2005 decision (Print 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 overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

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.

17.2 Classifications

17.2.1 The classifications covered by this award and the appropriate broadbanded group for such classifications shall be as follows:

Classification
Broadbanded group


Carver
7
Letter cutter
6
Carpenter and/or Joiner (NSW)
6
Joiner special class
6
Joiner-setter out
6
Prefab setter
6
Signwriter
6
Carpenter and joiner
5
(other states)

Joiner
5
Painter
5
Prefab tradesperson
5
Tradesperson (Precast
5
Concrete Manufacture)

Stonemason
5
Assembler A
3/4
Machinist (Precast Concrete
4
Manufacture)

Machinist grade 1
4
Terrazzo assistant
4
Assembler B
2/3
Machinist grade 2
3
Primer
3
General hand
1
Factory hand
1
Adult trainee terrazzo worker

First 6 months
1
Second 6 months
3
Second year
4


Provided that:

17.2.1(a) An employee currently classified as an Assembler A who is only required to perform the duties specified in subclause 4.1 shall be paid in accordance with broadbanded group 3. Where such employee performs a wider range of duties including those more complex tasks identified for broadbanded group 4, then such employee shall be paid in accordance with broadbanded group 4.

17.2.1(b) An employee currently classified as an Assembler B who is only required to perform the duties specified in subclause 4.2 shall be paid in accordance with broadbanded group 2. Where such employee performs a wider range of duties including those more complex tasks identified for broadbanded group 3, then such employee shall be paid in accordance with broadbanded group 3.

17.3 Broadbanded group definitions and skill level descriptions

For the purposes of this award, the broadbanded group definitions and skill level descriptions are as follows:

17.3.1 Level 1

BROADBANDED GROUP/LEVEL 1
[RELATIVITY TO BROADBANDED GROUP/LEVEL 5 : 78%]

An employee at this level will undertake up to 38 hours induction training which may include information on the company, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance.

An employee at this level performs routine duties essentially of a manual nature and to the level of their training:


1. performs work as directed;

2. performs routine duties essentially of a manual and repetitive nature ;

3. is responsible for the quality of their own work subject to direct supervision;

4. works in a safe manner so as not to injure themselves or other employees;

5. is able to solve basic problems associated with their work;

  1. whilst undertaking structured training performs work within the scope of that training subject to safety and training requirements.

Indicative of the tasks which an employee at this level may perform are the following:

* carry out general labouring and cleaning duties from written or verbal instructions.

* provide assistance to other employees at this or other skill levels within their level of skill and training.

* any other tasks as directed in accordance with their level of skill and training.

17.3.2 Level 2

BROADBANDED GROUP/LEVEL 2
[Relativity to Broadbanded Group/Level 5 : 82%]

An employee to be classified at this level will have completed the required training or will have equivalent skills gained through work experience in accordance with the prescribed standards for this level. In all cases the employee will be required to satisfactorily complete a competency assessment to enable the employee to perform work within the scope of this level.

Employees at this level perform work above and beyond the skills of an employee at level 1 and to the level of their skill and training:

1. perform work as directed;

2. exercise limited discretion and utilise basic fault finding skills in the course of their work;

3. work in a safe manner so as not to injure themselves or other employees;

4. understand and undertake basic quality control/assurance procedures subject to supervision;

5. whilst undertaking structured training perform work within the scope of that training subject to safety and training requirements.

Indicative of the tasks which an employee at this level may perform are the following:

* repetitive fixing of pre-made components or parts of any article in pre-determined ways, using basic written, spoken and or diagrammatic instructions;

* repetition work on automatic, semi automatic or single purpose machines or equipment;

* uses selected hand tools and hand operated power tools;

* maintains simple records:

* manual handling skills;

* uses hand trolleys and pallet trucks;

* problem solving skills.

17.3.3 Level 3

BROADBANDED GROUP/LEVEL 3
[Relativity to Broadbanded Group/Level 5 : 87.4%]

An employee to be classified at this level will have completed the required training or will have equivalent skills gained through work experience in accordance with the prescribed standards for this level. In all cases the employee will be required to satisfactorily complete a competency assessment to enable the employee to perform work within the scope of this level.

Employees at this level perform work above and beyond the skills of an employee at level 2 and to the level of their skill and training:


1. perform work as directed;

2. exercise limited discretion and utilise basic fault finding skills in the course of their work;


3. work in a safe manner so as not to injure themselves or other employees;

4. understand and undertake basic quality control/assurance procedures subject to supervision;


5. perform routine duties which may involve the use of machinery or tools;

6. whilst undertaking structured training perform work within the scope of that training subject to safety and training requirements;


Indicative of the tasks which an employee at this level may perform are the following:

* produce standard components operating machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee at level 2;

* ability to interpret and follow standards procedures;

* operates flexibility between assembly stations;

* receiving, despatching, distributing, sorting, checking, packing, documenting and recording of goods, materials and components;

* basic inventory control in the context of a production process;

* basic keyboard skills;

* operation of mobile equipment including forklifts, hand trolleys, pallet trucks, overhead crane and winch operation;

* ability to measure accurately;

* assists one or more tradespersons [i.e. level 5 and above];

* problem solving skills.

17.3.4 Level 4

BROADBANDED GROUP/LEVEL 4
[Relativity to Broadbanded Group/Level 5 : 92.4%]

An employee to be classified at this level will have completed the required training or will have equivalent skills gained through work experience in accordance with the prescribed standards for this level. In all cases the employee will be required to satisfactorily complete a competency assessment to enable the employee to perform work within the scope of this level.

Employees at this level perform work above and beyond the skills of an employee at level 3 and to the level of their skill and training:


1. perform work as directed;

2. exercise discretion and utilise basic fault finding skills in the course of their work;

3. work in a safe manner so as not to injure themselves or other employees;

4. are responsible for the quality of their own work subject to limited supervision;

  1. works from more complex standards and procedures;

6. whilst undertaking structured training perform work within the scope of that training subject to safety and training requirements;


Indicative of the tasks which an employee at this level may perform are the following:

* carries out tasks from basic plans, sketches and drawings in conjunction with appropriate written or verbal instructions;

* operates materials handling equipment requiring a licence or certificate.

* set up and operate and adjust machinery to produce more detailed components to exact specifications and standards;

* fix components or parts in pre-determined ways and is able to undertake simple rectification work to jobs in progress;

* provides assistance to other employees at this and other skill levels within their level of skill and training;

* any other tasks as directed in accordance with their level of skill and training;

* ability to complete simple clerical tasks;

* ability to select suitable methods for completing tasks and plan the order in which to complete them.

* keyboard skills at a level higher than that of an employee at level 3.

* lubrication of production machinery equipment.

* problem solving skills.

17.3.5 Level 5

BROADBANDED GROUP/LEVEL 5
[Relativity to Broadbanded Group/Level 5 : 100%]

An employee to be classified at this level will hold a trade certificate, Tradesperson’s Rights Certificate, or have completed the required training or will have equivalent skills gained through work experience in accordance with the prescribed standards for this level. In all cases the employee will be required to satisfactorily complete a competency assessment to enable the employee to perform work within the scope of this level.

Employees at this level perform work above and beyond the skills of an employee at level 4 and to the level of their skill and training:


1. understand and apply quality control techniques;

2. able to inspect products and/or materials for conformity with established operational standards;


3. exercise good interpersonal communication skills;

4. exercise discretion and utilise basic fault finding skills in the course of their work;

5. work in a safe manner so as not to injure themselves or other employees;

6. perform work under limited supervision either individually or in a team environment;


7. conduct training in conjunction with a skilled trainer as required;

8. whilst undertaking structured training perform work within the scope of that training subject to safety and training requirements.

Indicative of the tasks which an employee at this level may perform are the following:

* carries out tasks from basic plans, sketches and drawings in conjunction with appropriate written or verbal instructions;

* select materials and operate machinery and/or equipment to produce articles in accordance with trade standards;

* identifies and initiates relevant action to obtain materials, tools and machinery requirements for a particular job;

* maintenance and use of hand held pneumatic, power and personal tools;

* understands and undertakes basic quality control/assurance procedures on the work of employees in lower classifications;

* assists in the provision of on-the-job training in conjunction with other tradespersons and supervisors;

* exercises keyboard skills at a level high than level 4;

* operates all lifting equipment incidental to his/her work;

* performs non-trade tasks incidental to his/her work;

* performs work which, while primarily involving the skills of an employee’s trade, is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;

* approves and passes first-off samples and maintains quality of product

* operates, sets up and adjusts all production machinery in a plant to the extent of his/her training;

* can perform a range of maintenance functions;

* understands and applies computer techniques as they relate to production process operations;

* high level of stores and inventory responsibility beyond the requirements of an employee at level 4;

* any other tasks as directed in accordance with their level of skill and training.

17.3.6 Level 6

BROADBANDED GROUP/LEVEL 6
[Relativity to Broadbanded Group/Level 5 : 105%]

An employee to be classified at this level will have completed the required training or will have equivalent skills gained through work experience in accordance with the prescribed standards for this level. In all cases the employee will be required to satisfactorily complete a competency assessment to enable the employee to perform work within the scope of this level.

Employees at this level perform work above and beyond the skills of an employee at level 5 and to the level of their skill and training:

  1. perform work under general supervision either individually or in a team environment, and are able to examine, evaluate and develop solutions to problems within the scope of this level;

  1. understand and implement quality control techniques and is responsible for the quality of their work and is able to identify faults in the work of others at this or lower levels;

  1. exercise discretion and utilise fault finding skills in the course of their work;

  1. work in a safe manner so as not to injure themselves or other employees. Is able to identify hazards and unsafe work practices which may affect others in the team environment;

  1. exercise good interpersonal skills;

  1. provides guidance and assistance as part of a work team;

  1. whilst undertaking structured training perform work within the scope of that training subject to safety and training requirements.

Indicative of the tasks which an employee at this level may perform are the following:

* read, interpret and calculate information from production drawings, prints or plans;

* assists in the provision of on-the-job training in conjunction with other tradespersons and supervisors;

* exercise trades skills relevant to the requirements of the enterprise at a level higher than an employee at level 5;

* operates a wide range of complex machines or equipment in the workplace;

* ability to apply relevant legislation to work of self and others;

* any other tasks as directed in accordance with their level of skill and training.

17.3.7 Level 7

BROADBANDED GROUP/LEVEL 7
[Relativity to Broadbanded Group/Level 5 : 110%]

An employee to be classified at this level will have completed the required training or will have equivalent skills gained through work experience in accordance with the prescribed standards for this level. In all cases the employee will be required to satisfactorily complete a competency assessment to enable the employee to perform work within the scope of this level.

Employees at this level perform work above and beyond the skills of an employee at level 6 and to the level of their skill and training:

  1. exercise the skills attained through satisfactory completion of the training and standard prescribed for this classification;

  1. provide guidance and assistance as part of a work team;

  1. assist in the provision of training in conjunction with supervisors and trainers;

  1. understand and implement quality control techniques; are responsible for the quality of their work and are able to identify faults in the work of others at this or lower levels;

  1. work in a safe manner so as not to injure themselves or other employees, and are able to identify hazards and unsafe work practices which may affect others in the team environment;

  1. exercise excellent interpersonal skills;

  1. perform work under limited supervision either individually or in a team environment;

  1. exercise discretion within their level of training;

Indicative of the tasks which an employee at this level may perform are the following:

* exercises high precision trade skills using various materials and/or specialised techniques;

* performs operations on a CAD/CAM terminal in the performance of routine modifications.

17.4 Leading hands


[17.4 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employees bound to apply the terms of this award by PR954154)]

An employee specifically appointed to be a leading hand (as defined) shall be paid at the rate of the undermentioned additional amounts above the rate of the highest classification supervised, or the employee’s own rate, whichever is higher, in accordance with the number of persons in the employee’s charge:

Weekly rate 38 hours
$
(i)
In charge of not more than 1 person
13.90
(ii)
In charge of 2 and not more than 5 persons
30.60
(iii)
In charge of 6 and not more than 10 persons
39.00
(iv)
In charge of more than 10 persons
52.00

17.5 Piecework (precast concrete manufacture)


Engagement on a piecework basis may be entered into provided that:

17.5.1 Employees engaged on piecework shall be entitled to all of the conditions of employment prescribed in this award for employees on weekly hire.

17.5.2 Piecework and piecework rates and conditions shall apply as prescribed in a Piecework Appendix to this award and not otherwise, except by way of a registered agreement between the employer or their organisation and the union.


17A. TRANSITIONAL WAGE RATES FOR VICTORIA - APPLICATION OF COMMON RULE AWARD


[17A inserted by PR960137 ppc 29Jun05]

17A.1 This award contains the following transitional rates of pay and allowances for employers in the state of Victoria who were previously not bound by this award, but are now subject to the award by virtue of the award having been declared a common rule under s.141 of the Workplace Relations Act 1996.

17A.2 These rates of pay and allowances apply only until 31 July 2005. From 1 August 2005 the wage rates and allowances prescribed in the rest of this award shall apply.

17A.3 Wages Rates (Clause 17.1)

17A.3.1 The base rates of pay for the braodbanded group shall be as follows:

Broadbanded group
Weekly rate

$
Group 7
602.90
Group 6
582.10
Group 5
561.20
Group 4
527.50
Group 3
506.60
Group 2
484.00
Group 1
467.40

17A.4 Leading Hands (clause 17.4)

An employee specifically appointed to be a leading hand (as defined) shall be paid at the rate of the undermentioned additional amounts above the rate of the highest classification supervised, or the employee’s own rate, which ever is higher, in accordance with the number of persons in the employee’s charge:



Weekly rate 38 hours


$
(i)
In charge of not more than 1 person
13.50
(ii)
In charge of 2 and not more than 5 persons
29.70
(iii)
In charge of 6 and not more than 10 persons
37.90
(iv)
In charge of more than 10 persons
50.50

17A.5 Victoria - Apprentices (clause 18.4)

17A.5.1 The minimum ordinary rate of pay to be paid to apprentices shall be in accordance with the percentages as set out below (calculated to the nearest 10 cents, less than 5 cents to be disregarded) applied to the Group 5 minimum weekly rate prescribed in clause 17 - Classifications and wage rates:

17A.5.1(a) Apprentice carpenters and/or joiners who have completed a pre-apprenticeship course:


Per Week

%
For the 1st year
45
For the 2nd year
55
For the 3rd year
75
For the 4th year
90

17A.5.1(b) The actual minimum rates shall be as follows:

Year
$
1st
252.50
2nd
308.70
3rd
420.90
4th
505.10

17A.5.1(c) Apprentice painters who have completed a pre-apprenticeship course:


Per Week

%
For the 1st year
50
For the 2nd year
75
Thereafter
90

17A.5.1(d) The actual minimum rates shall be as follows:

Year
$
1st
280.60
2nd
420.90
Thereafter
505.10

17A.5.1(e) Apprentices who have not completed a pre-apprenticeship course:


Per Week

%
1st 3 months
35
Next 9 months
45
2nd year
55
3rd year
75
4th year
90

17A.5.1(f) The actual minimum rates shall be as follows:

Year
$
1st 3 months
196.40
Next 9 months
252.50
2nd year
308.70
3rd year
420.90
4th year
505.10

17A.5.1(g) Apprentice stonemasons:


Per Week

%
1st 3 months
35
Next 9 months
45
2nd year
55
3rd year
75
4th year
90

17A.5.1(h) The actual minimum rates shall be as follows:

Year
$
1st 3 months
196.40
Next 9 months
252.50
2nd year
308.70
3rd year
420.90
4th year
505.10

17A.6 Allowances (clause 19)

17A.6.1 In addition to rates prescribed in clause 17 an employee engaged on stonemasonry (as defined) shall be paid an industry allowance for all purposes of the Award at the rate of $9.10 per week to compensate for general disabilities associated with yard, factory and cemetery work. Provided that in lieu of the above amount, the following amounts shall apply to the undermentioned premises:

Gianarelli & Sons at Harcourt
$18.50 per week
Gianarelli & Sons at Fitzroy
$13.60 per week
Layton Granite Harcourt Pty Ltd at Harcourt
$13.60 per week

17A.6.2 First Aid Allowance (clause 19.3)

An employee who is a qualified first aid person and is appointed by the employer to carry out first aid duties in addition to their usual duties shall be paid an additional rate of $2.03 per day.

17A.7 Special Rates (clause 20)

17A.7.1 Asbestos

Employees required to wear protective equipment (i.e., combination overalls and breathing equipment or similar apparatus) as part of the necessary safeguards as required by the appropriate occupational health authority for the use of materials containing asbestos or to work in close proximity to employees using such materials: 59 cents per hour whilst wearing such equipment

17A.7.2 Bagging

Employees engaged upon bagging brick or concrete structures: 43 cents per hour.

17A.7.3 Cold Work

An employee working for more than one hour in a place where the tempreture is reduced by artificial means below 0 degree Celsius: 48 cents per hour or part thereof. Where such work continues for more than two hours, the employee shall be entitled to 20 mins rest after every two hours without loss of pay, not including the special rate provideed in this subclause.

17A.7.4 Computing Quantities

17A.7.4(a) Employees who are regularly required to compute or estimate quantities of materials in respect to the work performed by other employees: $3.45 per day or part thereof.

17A.7.4(b) Provided that this allowance shall not apply to an employee classified an paid as a leading hand or setter-out.

17A.7.5 Confined Space

An employee required to work in a confined space (as defined): 59 cents per hour or part thereof.

17A.7.6 Dirty work

An employee engaged in unusually dirty work: 48 cents per hour.

17A.7.7 Explosive powered tools

An operator of explosive powered tools who is required to use an explosive powered tool: $1.13 for each day on which such a tool is used.

17A.7.8 Grindstone allowance

An allowance of $5.07 per week shall be paid to each carpenter or joiner where a grindstone or wheel is not made available by the employer.

17A.7.9 Heavy blocks

Employees handling, lifting and placing of heavy blocks:

Where the blocks weigh over 5.5kg and under 9kg:-
48 cents per hour.


Where the blocks weigh 9kg or over up to 18kg:-
86 cents per hour.


Where the blocks weigh over 18kg:-
$1.21 per hour.

17A.7.10 Hot bitumen

An employee handling hot bitumen or asphalt or dipping materials in creosote: 59 cents per hour.

17A.7.11 Hot work

17A.7.11(a)An employee working for more than one hour in the shade where the temperature is raised by artificial means to between 46 and 54 degrees Celsius: 48 cents per hour or part thereof; exceeding 54 degrees Celsius: 59 cents per hour or part thereof.

17A.7.11(b)Where work continues for more than two hours in such temperature exceeding 54 degrees Celsius, the employee shall be entitled to 20 minutes rest after two hours work without loss of pay, not including the special rate provided by this subclause.

17A.7.11(c)The temperature shall be decided by the employer after consultation with the employee who claims the special rate.

17A.7.12 Insulation

An employee handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognised insulating material of a like nature or working in the immediate vicinity so as to be affected by the use thereof: 59 cents per hour or part thereof.

17A.7.13 Mixed industry

The following allowances are applicable to those employees employed in a mixed industry (as defined).

17A.7.13(a) Wet work

Employees working in any place where water is continually dripping on the employee so that clothing and boots become wet, or where there is water underfoot: 48 cents per hour whilst so engaged.

17A.7.13(b) Tower allowance

An employee working on a chimney stack, spire tower, radio or television mast or tower, air shaft (other than above ground in a multi-storey building), cooling tower, water tower or silo where the construction exceeds fifteen metres in height shall be paid for all work above fifteen metres, 48 cents per hour with 48 cents per hour additional for work above each further fifteen metres.

17A.7.14 Roof repairs

Employees engaged on repairs to roofs: 59 cents per hour.

17A.7.15 Scaffolding

A tradesperson who is the holder of a scaffolding certificate or rigging certificate issued by the relevant State Authority and is required to act on that certificate whilst engaged on work requiring a certificated person: 48 cents per hour.

17A.7.16 Second hand timber

Where, whilst working with second hand timber, an employee’s tools are damaged by nails, dumps or other foreign matter on the timber, the employee shall be entitled to an allowance of $1.87 per day on each day upon which the employee’s tools are damaged, provided that no allowance shall be payable under this clause unless it is reported immediately to the employer’s representative on the job in order that the employee may prove the claim

17A.7.17 Slushing

An employee engaged at `slushing’: 48 cents per hour.

17A.7.18 Spray application

An employee engaged on all spray applications carried out in other than a properly constructed booth approved by the relevant State Authority: 48 cents per hour.

17A.7.19 Swing scaffold

A payment of $3.40 for the first four hours or any portion thereof, and 71 cents for each hour thereafter on any day shall be made to any person employed:

17A.7.19(a) on any type of swing scaffold or any scaffold suspended by rope or cable, bosun’s chair, etc.

17A.7.19(b) on a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height of 6 metres or more above the nearest horizontal plane.

Provided that an apprentice with less than two years experience shall not use a swing scaffold or bosun’s chair.

17A.7.20 Toxic substances

17A.7.20(a)Employees using toxic substances or materials of a like: 59 cents per hour extra. Employees working in close proximity to employees so engaged: 48 cents per hour extra.

17A.7.20(b)For the purpose of this subclause, toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two-pack catalyst system shall be deemed to be materials of a like nature.

17A.7.21 Wet work

An employee engaged on stonemasonry work who is required to work in a wet place where water is dripping or is required to stand in water exceeding 5cm in depth shall be paid at the rate of 46 cents per hour extra, provided that where it is agreed between a representative of the employer and the employee that the work to be performed in a cemetery is work to be performed under unusually muddy or sloppy conditions, the rate of 56 cents per hour shall be paid in lieu.”


18 - JUNIOR LABOUR

18.1 New South Wales - apprentices

Except where inconsistent with this award, the awards of the New South Wales Industrial Commission shall apply to apprentices.

18.2 South Australia - unapprenticed

18.2.1 Unapprenticed junior employees shall be paid at the same rate prescribed in 18.3 provided that at the completion of four years’ employment or on attaining 21 years of age, whichever is the sooner, such employee shall be paid the appropriate adult rate prescribed by this Award.

18.2.2 No unapprenticed junior shall be permitted or required by the employer to attend winches, sling timber or work power-driven machinery.

18.3 South Australia - apprenticed

18.3.1 The minimum ordinary rate of pay to be paid to apprentices shall be in accordance with the percentages as set out below (calculated to the nearest 10 cents, less than 5 cents to be disregarded) applied to the Group 5 minimum weekly rate prescribed in 17.1 of this award:


Per week
Per week

Mixed industry/Shopfitting
joinery

%
%



For the 1st year
45
50
For the 2nd year
55
62
For the 3rd year
75
75
For the 4th year
90
90

[18.3.2 substituted by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

18.3.2 The actual minimum rates shall be as follows:


Per week
Per week
Year
Mixed industry/Shopfitting
Joinery

$
$
1st
260.20
289.10
2nd
318.00
358.50
3rd
433.70
433.70
4th
520.40
520.40

18.3.3 In addition to the above rate apprentices shall receive the appropriate amount prescribed in clause 19.2 - Tool Allowance.

[18.3.4(a) varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

18.3.4(a) An apprentice employee under this award who is required to perform construction work (as defined) on any day or part thereof shall be paid for the whole day an industry allowance at the rate of $21.70 per week.



[18.3.4(b) varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

18.3.4(b) Where an apprentice has an entitlement under this provision on three or more days in any pay week he/she shall be paid the industry allowance of $21.70 for the whole of that pay week.

18.3.5(a) An employer may, by agreement with the apprentice’s parent or guardian, elect to provide the apprentice with a kit of tools and, subject to establishing the value of the tools at the time of providing, deduct the tool allowance until the cost of the kit of tools is reimbursed.

18.3.5(b) In the event of an apprentice being dismissed or leaving employment before the cost of the tool kit has been reimbursed the employer shall be entitled to:

(i) deduct from any monies owing to the apprentice the amount then owing; or

(ii) by agreement retain tools at the originally nominated value to the amount still owing.

18.3.6 An employee who is under 21 years of age on the expiration of the apprenticeship and thereafter works as a minor in the occupation to which the employee has been apprenticed, shall be paid the adult rate for that classification.


[18.3.7(a) varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

18.3.7(a) Should an apprentice attain a pass at credit standard for the first annual examination the employee passes at a technical college the employee shall receive the sum of $1.65 per week additional to the rates prescribed in 18.3.3 for the next following year of the apprenticeship.


[18.3.7(b) varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

18.3.7(b) Should the apprentice receive a pass at credit standard in the second annual examination, the employee shall receive $1.87 per week in addition to the rates prescribed in 18.3.2 for the next following year of the apprenticeship.


[18.3.7(c) varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

18.3.7(c) For a similar pass in any subsequent examination the apprentice shall receive $2.13 per week in addition to the rates prescribed in 18.3.2 for the next following year of the apprenticeship.


18.3.7(d) Where an apprentice is unable to sit for an annual examination because of personal illness or injury and then attains a pass at credit standard at a deferred examination in lieu thereof, the relevant additional amount shall be payable for the next following year of apprenticeship but from the beginning of the first pay period commencing on or after the date on which the results of that deferred examination are published only.

Any dispute as to the proof in respect of such illness shall be determined by the Commission.

18.3.8 Except where inconsistent with the South Australian Vocational Education, Employment and Training Act 1994, the general provisions of this Award shall apply to apprentices employed on work within the scope of this award.

18.4 Victoria - Apprentices


[18.4.1 substituted by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

18.4.1 The minimum ordinary rate of pay to be paid to apprentices shall be in accordance with the percentages as set out below (calculated to the nearest 10 cents, less than 5 cents to be disregarded) applied to the Group 5 minimum weekly rate prescribed in clause 17 – Classifications and wage rates:

18.4.1(a) Apprentice carpenters and/or joiners who have completed a pre-apprenticeship course:


Per Week

%
For the 1st year
45
For the 2nd year
55
For the 3rd year
75
For the 4th year
90

18.4.1(b) The actual minimum rates shall be as follows:

Year
$
1st
260.20
2nd
318.00
3rd
433.70
4th
520.40

18.4.1(c) Apprentice painters who have completed a pre-apprenticeship course:


Per Week

%
For the 1st year
50
For the 2nd year
75
Thereafter
90

18.4.1(d) The actual minimum rates shall be as follows:

Year
$
1st
289.10
2nd
433.70
Thereafter
520.40

18.4.1(e) Apprentices who have not completed a pre-apprenticeship course:


Per Week

%
1st 3 months
35
Next 9 months
45
2nd year
55
3rd year
75
4th year
90

18.4.1(f) The actual minimum rates shall be as follows:

Year
$
1st 3 months
202.40
Next 9 months
260.20
2nd year
318.00
3rd year
433.70
4th year
520.40

18.4.1(g) Apprentice stonemasons:


Per Week

%
1st 3 months
35
Next 9 months
45
2nd year
55
3rd year
75
4th year
90

18.4.1(h) The actual minimum rates shall be as follows:

Year
$
1st 3 months
202.40
Next 9 months
260.20
2nd year
318.00
3rd year
433.70
4th year
520.40

18.4.2 In addition to the rates of pay identified in this clause, apprentices shall be paid the full industry and tool allowance in accordance with the provisions of clauses 19.1 and 19.2 respectively.

18.4.3 Except where inconsistent with this award, the Vocational Education and Training Act (Vic) 1990 shall apply to apprentices in that State.

18.5 Victoria - Juvenile Workers

An employer shall not employ minors on stonemasonry work (as defined) otherwise than in accordance with clause 18.4 of this award.

18.6 Western Australia - Apprentices

18.6.1 The minimum ordinary rate of pay to be paid to apprentices shall be in accordance with the percentages as set out below (calculated to the nearest 10 cents, less than 5 cents to be disregarded) applied to the Group 5 minimum weekly rate prescribed in clause 17 of this award:


Per week

%


For the 1st year
42
For the 2nd year
55
For the 3rd year
75
For the 4th year
88

18.6.2 The actual minimum rates to apply shall be as follows:


[18.6.2 substituted by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]


Per week

$


For the 1st year
242.80
For the 2nd year
318.00
For the 3rd year
433.70
For the 4th year
508.80

18.6.3 Except where inconsistent with this award the provisions of regulations relating to apprentices prescribed by the appropriate State authority shall apply.


19 - ALLOWANCES

19.1 Industry allowance

[19.1.1 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

19.1.1 In addition to the rates prescribed in clause 17, an employee engaged on joinery work (as defined) in NSW shall be paid an allowance at the rate of $21.70 per week to compensate for the disabilities associated with the industry.


[19.1.2 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

19.1.2 In addition to the rates prescribed in clause 17, an employee engaged on –

  • construction work (as defined);
  • shopfitting (as defined) - whether “on-site” in South Australia, or “on site” or otherwise in all other states;
  • precast concrete manufacture (as defined); or
  • outside work (as defined)

shall be paid an allowance at the rate of $21.70 per week to compensate for the following disabilities associated with construction work:

  • Climatic conditions when working in the open on all types of work.

  • The physical disadvantage of having to climb stairs or ladders.

  • The disability of dust blowing in the wind, brick dust and drippings from newly poured concrete.

  • Sloppy and muddy conditions associated with the initial stages of the erection of a building.

  • The disability of working on all types of scaffolds or ladders other than a swing scaffold, suspended scaffold or bosun’s chair.

  • The lack of the usual amenities associated with factory work (e.g. meal rooms, change rooms, lockers).


[19.1.3 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

19.1.3 In addition to rates prescribed in clause 17 an employee engaged on stonemasonry (as defined) shall be paid an industry allowance for all purposes of the Award at the rate of $9.40 per week to compensate for general disabilities associated with yard, factory and cemetery work. Provided that in lieu of the above amount, the following amounts shall apply to the undermentioned premises:

Gianarelli & Sons at Harcourt
$19.10 per week
Gianarelli & Sons at Fitzroy
$14.00 per week
Layton Granite Harcourt Pty Ltd at Harcourt
$14.00 per week

19.1.4 The allowances prescribed by this clause shall be paid for all purposes of the award.

19.2 Tool allowance


[19.2.1 corrected by PR922232; PR939911 ppc 02Sep02; varied by PR936696 PR950601; PR961689 ppc 16Aug05]

19.2.1 Employees shall be paid a tool allowance per week for all purposes of the award in accordance with the following table:

CLASSIFICATION
Per Week

$
Carpenter and/or joiner
23.30
Carpenter & joiner
23.30
Carver
23.30
Joiner special class
23.30
Joiner-setter out
23.30
Joiner
23.30
Letter Cutter
23.30
Prefab setter
23.30
Prefab tradesperson
23.30
Stonemason
23.30
Tradesperson (Precast Concrete Manufacture)
19.20
Assembler A
6.90
Painter
5.60

19.2.2 Where an employer makes a definite decision to provide a tradeperson’s tools (and such decision is conveyed in writing to his/her employees) then such employer must provide all the tools reasonably required by the tradesperson to perform all the functions of his/her employment, and in such cases no tool allowance shall be payable. In such cases:

19.2.2(a) An employee provided with tools of trade by the employer shall not be responsible for the loss of such tools where the loss is outside the control of the employee;

19.2.2(b) an employee provided with tools of trade by the employer shall replace all or any tools of trade lost due to the negligence of the employee, provided that where the tools of trade are locked in a secure location provided by the employer, or at the employers premises, the employee shall not be held responsible for the loss .

19.2.2(c) This subclause, however, should not apply to employees employed as at 14 January 1993 or apprentices unless otherwise agreed between the parties.

19.2.3 Stonemasonry tools and equipment

19.2.3(a) The tool allowance prescribed in 19.2.1 does not include the provision of the following stonemasonry tools. Where the following tools are provided by an employee, the employer shall reimburse the employee for the cost of such tools, or alternatively, the employer may elect to provide such tools:

  • All cutting tools, except mash hammers, squares, pitching tools and straight-edges up to one metre in length.

Provided that if cutting tools are not supplied, the employer shall pay five (5) cents per hour additional to the wage rates prescribed by this award.

19.2.3(b) The employer shall reimburse the employee for the cost of sharpening, in a proper manner, all necessary tools. On completion of engagements, all cutting tools provided by the employee shall be sharpened by the employer or an allowance shall be made in lieu thereof.

19.2.3(c) The employer shall reimburse an employee for the cost of fitting all pneumatic surfacing machines and lathes with jet sprays or other suitable device for keeping the stone wet. Alternatively, the employer may elect to provide such device.

19.3 First aid allowance


[19.3 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An employee who is a qualified first aid person and is appointed by the employer to carry out first aid duties in addition to their usual duties shall be paid an additional rate of $2.09 per day.

19.4 Meal allowance


[19.4 corrected by PR922232; varied by PR936696 PR950601; PR961689 ppc 16Aug05]

An employee required to work overtime for at least one and a half hours after working ordinary hours shall be paid by the employer an amount of $10.50 to meet the cost of a meal except as provided for in clause 35 – Living Away From Home - Distant Jobs.

19.5 Employee protection allowance

19.5.1 Where the following protective equipment is provided by an employee, the employee shall be reimbursed by the employer for the cost, or alternatively, the employer may elect to provide such protective equipment:

19.5.1(a) Aprons (to a limit of one per year) for employees operating flexible drive polishing machines.

19.5.1(b) Suitable protective clothing or footwear (when required) for employees engaged on stonemasonry work (as defined).

19.5.2 An employee engaged on stonemasonry work (as defined) shall be reimbursed by the employer for an x-ray for silicosis once in each period of six months, if the employee so requires. Such x-rays may be taken during working hours and shall count as time worked.

19.5.3 When an employer requires an employee to wear spectacles with toughened glass lenses, the employer will pay the cost of the toughening process.

19.6 Compensation for clothing and tools

19.6.1 An employee whose clothes, spectacles, hearing aids or tools have been accidentally spoilt by acid, sulphur or other deleterious substances, shall be paid such amount to cover the loss thereby suffered as may be agreed upon with the employer.


[19.6.2 corrected by PR922232; varied by PR936696 PR950601; PR961689 ppc 16Aug05]

19.6.2 An employee shall be reimbursed by the employer to a maximum of $1348.00 for loss of tools or clothes by fire or breaking and entering whilst securely stored at the employer’s direction in a room or building on the employer’s premises, job or workshop or in a lock-up as provided in this Award or if the tools are accidentally lost over water or if tools are lost or stolen during an employee’s absence after leaving the job because of injury or illness. Provided that an employee transporting their own tools shall take all reasonable care to protect those tools and prevent theft or loss.

19.6.3 Reimbursement under this clause shall be subject to the following:

  • Only tools used by the employee in the course of employment shall be covered by this clause;

  • The employee shall, if requested to do so, furnish the employer with a list of tools so used;

  • Reimbursement shall be at the current replacement value of new tools of the same or comparable quality;

  • The employee shall report any theft to the police prior to making a claim on the employer for replacement of stolen tools.

19.7 Location allowance – Western Australia

Subject to the provisions of this subclause, in addition to the wages prescribed in clause 17 of this award, an employee in Western Australia shall be paid the following allowances when employed in the towns described hereunder:


[19.7.1 corrected by PR922232; substituted by PR936689 PR956372; PR963690 ppc 07Oct05]

Town
Weekly rate

$


Agnew
17.30
Argyle
45.60
Balladonia
17.40
Barrow Island
29.70
Boulder
7.20
Broome
27.70
Bullfinch
8.20
Carnarvon
14.20
Cockatoo Island
30.40
Coolgardie
7.20
Cue
17.70
Dampier
24.00
Denham
14.20
Derby
28.80
Esperance
5.20
Eucla
19.40
Exmouth
25.00


Town
Weekly rate

$

Fitzroy Crossing
34.80
Goldsworthy
15.40
Halls Creek
39.90
Kalbarri
6.00
Kalgoorlie
7.20
Kambalda
7.20
Karratha
28.60
Koolan Island
30.40
Koolyanobbing
8.20
Kununurra
45.60
Laverton
17.60
Learmonth
25.00
Leinster
17.30
Leonora
17.60
Madura
18.40
Marble Bar
43.80
Meekatharra
15.20
Mount Magnet
19.00
Mundrabilla
18.90
Newman
16.60
Norseman
14.90
Nullagine
43.70
Onslow
29.70
Pannawonica
22.40
Paraburdoo
22.30
Port Hedland
23.90
Ravensthorpe
9.20
Roebourne
32.90
Sandstone
17.30
Shark Bay
14.20
Shay Gap
15.40
Southern Cross
8.20
Telfer
40.50
Teutonic Bore
17.30
Tom Price
22.30
Whim Creek
28.40
Wickham
27.60
Wiluna
17.60
Wittenoom
38.70
Wyndham
42.90

19.7.2 Except as provided in 19.7.3, an employee who has:

19.7.2(a) a dependent shall be paid double the allowance prescribed in 19.7.1.

19.7.2(b) a partial dependent shall be paid the allowance prescribed in 19.7.1 plus the difference between that rate and the amount such partial dependent is receiving by way of a district or location allowance.

19.7.3 Where an employee:

19.7.3(a) is provided with board and lodging by his/her employer, free of charge; or

19.7.3(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act.

Such employee shall be paid 66-2/3 per cent of the allowance prescribed in 19.7.1.

19.7.4 Subject to 19.7.2, junior employees, casual employees, part-time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

19.7.5 Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.

19.7.6 Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the district in which he/she is employed.

19.7.7 For the purpose of this subclause:

19.7.7(a) “Dependent” shall mean:

  • a spouse or defacto spouse; or

  • a child where there is no spouse or defacto spouse; who does not receive a district or location allowance.

19.7.7(b) “Partial Dependent” shall mean a “dependent” as prescribed in 19.7.7(a) who receives a district or location allowance which is less than the location allowance prescribed in 19.7.1.

19.7.8 Subject to the making of a General Order by the Western Australian Industrial Relations Commission, each location allowance shall be varied from the beginning of the first pay period commencing on or after the 1st day of July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten (10) cents.

19.8 Accident pay

19.8.1 Employees (except in South Australia) shall qualify for accident pay as prescribed hereunder.

19.8.2 The employer shall pay an employee accident pay where the employee receives an injury for which weekly payments or compensations are payable by or on behalf of the employer pursuant to the provisions of the relevant state workers’ compensation legislation.

19.8.3 “Accident Pay” means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the relevant worker’s compensation legislation and the employee’s appropriate 38 hour award rate, or, where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said award rate for that period.

19.8.4 An employer shall pay or cause to be paid accident pay as defined in 19.8.3 during the incapacity of the employee arising from any one injury for a total of twenty six weeks whether the incapacity is in one continuous period or not.

19.8.5 The liability of the employer to pay accident pay in accordance with this Clause shall arise as at the date of the injury or accident in respect of which compensation is payable under the relevant worker’s compensation legislation, and the termination of the employee’s employment for any reason during the period of any incapacity shall in no way affect the liability of the employer to pay accident pay as provided in this Clause.

19.8.6 In the event that an employee receives a lump sum in redemption of weekly payments under the said relevant legislation, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.

19.8.7 An employer may at any time apply to the Australian Industrial Relations Commission for exemption from the terms of this clause on the grounds that an accident pay scheme proposed and implemented by that employer contains provisions generally not less favourable to his employees than the provisions of this clause.

20 - SPECIAL RATES

20.1 In addition to the rates otherwise prescribed in this Award, the following extra rates shall be paid:

20.1.1 Asbestos


[20.1.1 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

Employees required to wear protective equipment (i.e., combination overalls and breathing equipment or similar apparatus) as part of the necessary safeguards as required by the appropriate occupational health authority for the use of materials containing asbestos or to work in close proximity to employees using such materials: 61 cents per hour whilst wearing such equipment.

20.1.2 Bagging

[20.1.2 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

Employees engaged upon bagging brick or concrete structures: 44 cents per hour.

20.1.3 Cold work


[20.1.3 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An employee working for more than one hour in a place where the temperature is reduced by artificial means below 0 degree Celsius: 49 cents per hour or part thereof. Where such work continues for more than two hours, the employee shall be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided by this subclause.

20.1.4 Computing Quantities


[20.1.4(a) varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

20.1.4(a) Employees who are regularly required to compute or estimate quantities of materials in respect to the work performed by other employees: $3.55 per day or part thereof.

20.1.4(b) Provided that this allowance shall not apply to an employee classified and paid as a Leading hand or setter-out.

20.1.5 Confined space


[20.1.5 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An employee required to work in a confined space (as defined): 61 cents per hour or part thereof.

20.1.6 Dirty work


[20.1.6 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An employee engaged in unusually dirty work: 49 cents per hour.

20.1.7 Explosive powered tools


[20.1.7 varied by PR932076; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An operator of explosive powered tools who is required to use an explosive powered tool: $1.16 for each day on which such a tool is used.

20.1.8 Fumes

20.1.8(a) An employee required to work in a place where fumes of sulphur or other acid or other offensive fumes are present shall be paid such rates as are agreed upon between the employee or the majority of employees and the employer, and if the employee(s) is a member of the union, with the union; provided that, in default of agreement, the matter may be dealt with in accordance with the Disputes Resolution Procedure for the fixation of a special rate.

20.1.8(b) Any special rate so fixed shall apply from the date the employer is advised of the claim and thereafter shall be paid as and when the fume condition occurs.

20.1.9 Grindstone allowance


[20.1.9 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An allowance of $5.22 per week shall be paid to each carpenter or joiner where a grindstone or wheel is not made available by the employer.

20.1.10 Heavy blocks


[20.1.10 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

Employees handling, lifting and placing of heavy blocks:

Where the blocks weigh over 5.5kg and under 9kg:-
49 cents per hour.


Where the blocks weigh 9kg or over up to 18kg:-
89 cents per hour.


Where the blocks weigh over 18kg:-
$1.25 per hour.

20.1.11 Hot bitumen


[20.1.11 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An employee handling hot bitumen or asphalt or dipping materials in creosote: 61 cents per hour.

20.1.12 Hot work


[20.1.12(a) varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

20.1.12(a) An employee working for more than one hour in the shade where the temperature is raised by artificial means to between 46 and 54 degrees Celsius: 49 cents per hour or part thereof; exceeding 54 degrees Celsius: 61 cents per hour or part thereof.

20.1.12(b) Where work continues for more than two hours in such temperature exceeding 54 degrees Celsius, the employee shall be entitled to 20 minutes rest after two hours work without loss of pay, not including the special rate provided by this subclause.

20.1.12(c) The temperature shall be decided by the employer after consultation with the employee who claims the special rate.

20.1.13 Insulation


[20.1.13 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An employee handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognised insulating material of a like nature or working in the immediate vicinity so as to be affected by the use thereof: 61 cents per hour or part thereof.

20.1.14 Mixed industry

The following allowances are applicable to those employees employed in a mixed industry (as defined).

20.1.14(a) Wet work


[20.1.14(a) varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

Employees working in any place where water is continually dripping on the employee so that clothing and boots become wet, or where there is water underfoot: 49 cents per hour whilst so engaged.

20.1.14(b) Tower allowance


[20.1.14(b) varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An employee working on a chimney stack, spire tower, radio or television mast or tower, air shaft (other than above ground in a multi-storey building), cooling tower, water tower or silo where the construction exceeds fifteen metres in height shall be paid for all work above fifteen metres, 49 cents per hour with 49 cents per hour additional for work above each further fifteen metres.

20.1.15 Roof repairs


[20.1.15 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

Employees engaged on repairs to roofs: 61 cents per hour.

20.1.16 Scaffolding


[20.1.16 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

A tradesperson who is the holder of a scaffolding certificate or rigging certificate issued by the relevant State Authority and is required to act on that certificate whilst engaged on work requiring a certificated person: 49 cents per hour.

20.1.17 Second hand timber


[20.1.17 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

Where, whilst working with second hand timber, an employee’s tools are damaged by nails, dumps or other foreign matter on the timber, the employee shall be entitled to an allowance of $1.93 per day on each day upon which the employee’s tools are damaged, provided that no allowance shall be payable under this clause unless it is reported immediately to the employer’s representative on the job in order that the employee may prove the claim

20.1.18 Slushing


[20.1.18 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An employee engaged at `slushing’: 49 cents per hour.

20.1.19 Spray application


[20.1.19 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An employee engaged on all spray applications carried out in other than a properly constructed booth approved by the relevant State Authority: 49 cents per hour.

20.1.20 Swing scaffold


[20.1.20 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

A payment of $3.50 for the first four hours or any portion thereof, and 73 cents for each hour thereafter on any day shall be made to any person employed:

20.1.20(a) on any type of swing scaffold or any scaffold suspended by rope or cable, bosun’s chair, etc.

20.1.20(b) on a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height of 6 metres or more above the nearest horizontal plane.

Provided that an apprentice with less than two years experience shall not use a swing scaffold or bosun’s chair.

20.1.21 Toxic substances


[20.1.21(a) varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

20.1.21(a) Employees using toxic substances or materials of a like: 61 cents per hour extra. Employees working in close proximity to employees so engaged: 49 cents per hour extra.

20.1.21(b) For the purpose of this subclause, toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two-pack catalyst system shall be deemed to be materials of a like nature.

20.1.22 Wet work


[20.1.22 varied by PR932076 PR946800; PR960137 ppc 29Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR954154)]

An employee engaged on stonemasonry work who is required to work in a wet place where water is dripping or is required to stand in water exceeding 5cm in depth shall be paid at the rate of 47 cents per hour extra, provided that where it is agreed between a representative of the employer and the employee that the work to be performed in a cemetery is work to be performed under unusually muddy or sloppy conditions, the rate of 58 cents per hour shall be paid in lieu.

20.2 Conditions Respecting Special Rates

20.2.1 The special rates prescribed in this clause shall be paid when incurred irrespective of the times at which work is performed and shall not be subject to any premium or penalty conditions.

20.2.2 Where more than one of the above rates provides payments for disabilities of substantially the same nature then only the highest of such rates shall be payable.


21. MIXED FUNCTIONS

21.1 Except as provided in 21.2, an employee engaged for more than two hours during one day on duties carrying a higher rate than the employee’s ordinary classification shall be paid the higher rate for such day. If for two hours or less during one day the employee shall be paid the higher rate for the time so worked.

21.2.1 An employee engaged on renovation or structural alterations to the employers premises (which do not fall under the definition of maintenance), or away from the factory or yard on construction work (as defined), or on outside work (as defined), or fixing work on site (as defined), shall be paid in accordance with the rates, allowances and, where applicable, conditions of the National Building and Construction Industry Award 2000 as varied from time to time.

21.2.2 An employee employed on work prescribed in 21.2.1 on any part of the day shall be paid as prescribed for the whole of that day. Where such entitlement occurs on three or more days in any pay week, such employee shall be paid as prescribed for the whole of that week.

22. INCLEMENT OR WET WEATHER


When an employer and an employee engaged on fixing work in a cemetery agree that such work cannot be carried out owing to wet weather, the employer shall provide the employee with other work. In the event of the employer failing to do so the employer shall pay the employee for the time so lost.

23. PAYMENT OF WAGES

23.1 All wages due shall be paid and be available not later than the time of cessation of ordinary hours of work on Thursday of each working week. Provided that in any week in which a public holiday falls on a Thursday or a Friday mutually acceptable alternative arrangements shall be made.

23.2 All rates, allowances and other monies shall be paid by cash, cheque, or direct credit to the account at an approved financial institution as nominated by the employee, provided that payment other than by cash creates no undue financial burden to the employee.

23.3.1 Where an employer makes a request to make wage payments to all employees covered by the award in a form other than cash, the agreement of employees shall not be unreasonably withheld.

23.3.2 Notwithstanding this provision, if the employer and the majority of employees agree, all employees shall be paid their wages by direct transfer.

23.4 Subject to 23.1, an employee who due to circumstances within the control of the employer does not receive his/her wages due by the cessation of ordinary hours of work on the Thursday of each week shall be paid waiting time at overtime time rates, with a minimum of a quarter of an hour, until such time as the wages due are paid.

23.5 Particulars of details of payment to each employee shall be included on the envelope including the payment, or in a statement handed to the employee at the time payment is made, and shall contain the following information:


• name of the employee;
• classification of the employee in accordance with the award;
• date of payment;
• period covered by such payment;
• the ordinary hourly rate;
• the number of hours employed in the period at the ordinary rate;
• the amount of the payment made at the ordinary rate;
• any overtime rates;
• the number of hours employed at the overtime rates;
• the amount of the payment at overtime rates;
• any allowances or special rates not included in the hourly rate paid and the nature thereof;
• the gross amount of the payment;
• the net amount of the payment;
• the amount and purpose of any deductions made;
• the name, or the name and number of the fund or account into which the amount of the deduction was paid;
• the amount of each superannuation contribution made during the period;
• the fund into which the superannuation contributions were made and the employee number;
• the employee’s long service leave registration number;
• annual holiday payments; and
• payment due on termination, including payment for annual leave, rostered day off accumulation, and public holidays.

24. SUPERANNUATION

The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 (collectively the superannuation legislation). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

24.1 Definitions

For the purposes of this clause:

24.1.1 “Fund” means a complying superannuation fund as that term is used in the superannuation legislation.

24.1.2 “Ordinary time earnings” means the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowance, industry allowance, trade allowances, shift loading, special rates, qualification allowances (e.g. first aid), district/location allowance, piecework rates, leading hand allowances, and supervisory allowances where applicable. The term includes any regular over-award pay as well as casual rates received for ordinary hours of work. All other allowances and payments are excluded.

24.2 Employer contributions

An employer must, in accordance with the governing rules of the relevant Fund, make such superannuation contributions for the benefit of an employee as will avoid the employer being required to pay superannuation guarantee charge under the superannuation legislation with respect to the employee. For the purposes of the superannuation legislation, an employee’s ordinary time earnings are intended to provide that employee’s notional earnings base.

24.3 Voluntary employee contributions

24.3.1. Subject to the governing rules of the relevant Fund, an employee who wishes to make contributions to the Fund may either forward his or her own contribution directly to the Fund administrators or authorise the employer to pay into the Fund from the employee’s wages, amounts specified by the employee.

24.3.2 Employee contributions to the Fund deducted by the employer at the employee’s request shall be held on the employee’s behalf and subject to individual agreement shall meet the following conditions:

24.3.2(a) The amount of contributions shall be expressed in whole dollars.

24.3.2.(b) An employee shall have the right to adjust the level of contribution made on his or her own behalf from the first of the month following the giving of three months’ written notice to the employer.

24.3.2(c) Contributions deducted under this clause shall be forwarded to the Fund at the same time as contributions under 24.2 hereof.

24.4 Superannuation Fund

24.4.1 An employer must, in accordance with the governing rules of the relevant Fund, make superannuation contributions to any of the following Funds:

24.4.1(a) C+BUS;

24.4.1(b) any Fund agreed between an employer and an employee. Provided that:

  • If the employee is a member of a union bound by this award, the employee may be represented by that union in meeting and conferring with the employer about the matter and the employer must give the union a reasonable opportunity to meet and confer about the matter. (Note: the consent of the union is not required to any agreement between the employer and the employee).

  • The agreement must be recorded in the time and wages records kept by the employer in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.

  • If a dispute or difficulty arises over the implementation or continued operation of this provision, it must be handled in accordance with the dispute resolution procedure in clause 11.

24.4.1(c) any Fund which has application to employees in the principal business of an employer, where employees covered by this award are a minority of award-covered employees;

24.5 Absence from work

Subject to the governing rules of the Fund of which an employee is a member, the following provisions shall apply:

24.5.1 Paid leave

Contributions shall continue whilst an employee is absent on annual leave, personal leave, long service leave, public holidays, jury service, or other paid leave.

24.5.2 Work related injury or illness

In the event of an employee’s absence from work being due to work related injury or illness, contributions at the normal rate shall continue for the period of the absence, provided that:

24.5.2(a) a person remains an employee of the employer; and

24.5.2(b) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this award.


PART 6 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK

  1. HOURS OF WORK

25.1 Except as provided elsewhere in this award the ordinary working hours shall be 38 or an average of 38 hours per week worked on the following basis:

25.1.1 Ordinary hours shall be worked as a twenty day, four week cycle of eight hours each on Monday to Friday inclusive, between the hours of 6.00 a.m. and 7.00 p.m. with 0.4 of one hour of each day worked accruing as an entitlement to take one day in each cycle as a rostered day off paid for as though worked.

25.1.2 Where it is agreed between a majority of employees and the employer that the one day off per cycle is not practicable then agreement may be reached in writing on an alternative method of implementing reduced hours, e.g.:

25.1.2(a) 38 hours within a work cycle not exceeding seven consecutive days; or

25.1.2(b) 76 hours within a work cycle not exceeding fourteen consecutive days; or

25.1.2(c) 114 hours within a work cycle not exceeding twenty-one consecutive days; or

25.1.2(d) 152 hours within a work cycle not exceeding twenty-eight consecutive days; or

25.1.2(e) any other work cycle during which a weekly average of 38 ordinary hours are worked as may be agreed.

25.1.3 Where there are union members employed at the enterprise, and the majority of the members request the union to be consulted, that consultation will take place at least five days prior to any agreement being made under 25.1.2.

25.2 An employer shall employ a system of Rostered Days Off by any of the following methods:

25.2.1 by fixing one week day in a particular working cycle on which all employees will be off; or

25.2.2 by rostering employees off on various days of the week in a particular work cycle so that each employee has one day off during that cycle; or

25.2.3 by any other method which best suites the enterprise and is agreed to by the employer and a majority of employees in the affected factory, workshop or section of the enterprise.

25.2.4 Provided that any existing arrangement shall not be altered without the agreement of a majority of employees in the affected factory, workshop or section of the enterprise. Provided further that where there are union members employed at the enterprise, and the majority of the members request the union to be consulted, that consultation will take place at least five days prior to any agreement being made.

25.3 Where any rostered day off prescribed by 25.2 above falls on a public holiday as prescribed in clause 34 - Public Holidays and Holiday Work, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four week cycle or the next is agreed in writing between the employer and the employee.

25.4 Each day of paid leave taken (except a rostered day off) and any holiday prescribed in clause 34 occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

25.5 An employee who has not worked, or is not regarded by reason of 25.4 as having worked, a complete nineteen day four week cycle shall receive pro rata accrued entitlements for each day worked or regarded as having been worked in such cycle, payable for the rostered day off or, in the case of termination of employment, on termination.

25.6 Except where agreement has been reached in accordance with 25.1 and 25.2, the following procedure shall apply to work on rostered days off:

The prescribed rostered day off or any substituted day may be worked where that is required by the employer and such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project, in which case, in addition to accrued entitlements, the employee shall be paid penalty rates and provisions as prescribed for Saturday work in clause 28 - Weekend Work (but shall not be entitled to a day off in lieu thereof).

25.7 Alternative Working Arrangement

By due consultation and written agreement between the employer and the employees, the ordinary hours of work may be altered from those allowed under clause 25 - Hours of Work, clause 27 - Overtime and Special Time, or clause 26 - Breaks, to suit the needs of a particular enterprise, factory, workshop or section, subject to:

25.7.1 Where there are union members employed at the enterprise, and the majority of members request the union to be consulted, that consultation will take place at least five days prior to the introduction of the proposed alteration;

25.7.2 The agreement must be made by at least 60% of employees in the enterprise, factory, workshop or section affected by the alteration;

25.7.3 No employee shall experience a loss of ordinary time pay or status as a result of the alteration;

25.7.4 Such an arrangement shall, where there is an inconsistency with any term of the abovementioned clauses, prevail over the clause or clauses to the extent of the inconsistency;

25.7.5 For the purposes of this subclause “section” means a clearly identifiable production process.

25.8 Washing time

For employees engaged in joinery work as defined in New South Wales the employer shall provide sufficient facilities for washing and five minutes shall be allowed for lunch and before finishing time to enable employees to wash and put away gear.


26. BREAKS

26.1 Meal break

There shall be a cessation of work and of working time for the purpose of a meal on each day of not less than thirty minutes to be taken no less than four hours and no later than six hours after the commencement of work. Existing arrangements may be varied by agreement and such agreement processed under the procedure prescribed in subclause 25.2.4 of this award.

26.2 Rest periods

There shall be allowed, without deduction of pay, a rest period of 10 minutes between 9.30 a.m. and 11.30 a.m.

26.3 Crib breaks

When an employee is required to work overtime after the usual ceasing time for the day or shift for two hours or more, an employee shall be allowed to take, without deduction of pay, a crib time of 20 minutes in duration immediately after such ceasing time and thereafter, after each four hours of continuous work the employee shall be allowed to take also, without deduction of pay, a crib time of 30 minutes in duration. In the event of an employee remaining at work after the usual ceasing time without taking the crib time of 20 minutes and continuing at work for a period of two hours or more, the employee shall be regarded as having worked 20 minutes more than the time worked and be paid accordingly.

26.4 Crib time

Where shift work comprises three continuous and consecutive shifts of eight hours each per day, inclusive of time worked for accrual purposes as prescribed in clauses 25 and 29, a crib time of 20 minutes in duration shall be allowed without deduction of pay in each shift, such crib time being in lieu of any other rest period or cessation of work elsewhere prescribed by this Award. However, this shall not apply in the case of an employee who is allowed the rest period prescribed in 20.1.2 and 20.1.3 of this award.

26.5 For the purposes of this clause “usual ceasing time” is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clauses 25 and 29.


27. OVERTIME AND SPECIAL TIME

27.1 All time worked beyond the ordinary time of work, inclusive of time worked for accrual purposes as prescribed in clause 25, shall be paid for at the rate of one and a half times ordinary rates for the first two hours thereof and at double time thereafter.

27.2 An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) shall be paid for a minimum of three hours work at the appropriate rates for each time the employee is so recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three hours if the job he/she was recalled to perform is completed within a shorter period.

27.3 Subclause 27.2 shall not apply in cases where it is customary for an employee to return to the employer’s premises to perform a specific job outside the ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

27.4 If an employer requires an employee to work during the time prescribed by clause 26 for cessation of work for the purpose of a meal, the employer shall allow the employee whatever time is necessary to make-up the prescribed time of cessation, and the employee shall be paid at the rate of double time for the period worked between the prescribed time of cessation and the beginning of the time allowed in substitution for the prescribed cessation time; provided, however, that the employer shall not be bound to pay in addition for the time allowed in substitution for the prescribed cessation time; and provided also that if the cessation time is shortened at the request of the employee to the minimum of 30 minutes prescribed in clause 26 or to any other extent (not being less than 30 minutes) the employer shall not be required to pay more than the ordinary rates of pay for the time worked as a result of such shortening, but such time shall form part of the ordinary working time of the day.

27.5 Overtime work performed by shift workers employed on the second or third shifts of a day when two or three shifts are worked shall be paid for at twice the ordinary rates of payment.

27.6 No apprentice under the age of 18 years of age shall be required to work overtime or shift work unless the employee so desires. No apprentice shall, except in an emergency, work or be required to work overtime or shift work at times which would prevent attendance at Technical School, as required by any statute, award or regulation applicable to the employee.

27.7 When an employee, after having worked overtime and/or a shift for which the employee has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall pay the cost of, or provide transport to, to the employee’s home or to the nearest public transport.

27.8.1 An employee who works so much overtime -

  • between the termination of the employee’s ordinary work on one day or shift, and the commencement of the employee’s ordinary work in the next day or shift that the employee has not at least ten consecutive hours off duty between these times;

  • or on Saturday, Sundays and holidays, not being ordinary working days or on a rostered day off, without having had ten consecutive hours off duty in the twenty four hours preceding the employee’s next ordinary day or shift;

shall, subject to this subclause be released after completion of such overtime until the employee has had ten hours off duty without loss of pay for ordinary working time occurring during such absence.

27.8.2 If on the instruction of the employer, such an employee resumes or continues to work without having had such ten consecutive hours off duty the employee shall be paid at double rates until the employee is released from duty for such period and the employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

27.8.3 The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:

  • For the purpose of changing shift rosters; or

  • Where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

  • Where a shift is worked by arrangement between the employees themselves.

27.9 An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement except as provided for in 27.6.

27.10 An employee who has worked continuously (except for meal or crib times allowed by this award) for 20 hours shall not be required to continue at or recommence work for at least 12 hours.


28. WEEKEND WORK

28.1 Overtime worked on Saturdays shall be paid for at the rate of time and a half for the first two hours and double time thereafter, provided that all overtime worked after 12 noon on Saturday shall be paid for at the rate of double time.

28.2 All time worked on Sundays shall be paid for at the rate of double time.

28.3 An employee required to work overtime on a Saturday or on a Sunday shall be afforded and paid for at least three hours work on a Saturday or for four hours work on a Sunday at the appropriate rate.

28.4 An employee working overtime on Saturday or on a Sunday shall be allowed without deduction of pay, a rest period of ten minutes.

28.5 An employee working overtime on a Saturday or working on a Sunday shall be allowed a paid crib time of 20 minutes after four hours work, to be paid for at the ordinary rate of pay but this provision shall not prevent any arrangements being made for the taking of a 30-minute meal period, the time in addition to the paid 20 minutes which shall be paid at the ordinary rate of pay.

28.6 In the event of an employee being required to work in excess of a further four hours, the employee shall be allowed to take a paid crib time of 30 minutes which shall be paid at the ordinary rate of pay.


29. SHIFT WORK


Where work is performed in shifts the following conditions shall apply:

29.1 Definitions

For the purposes of this clause:

29.1.1 “Afternoon shift” means a shift finishing at or after 9.00 p.m. and at or before 11.00 p.m.

29.1.2 “Night shift” means a shift finishing after 11.00 p.m. and at or before 7.00 a.m.

29.1.3 “Early morning shift” means a shift finishing after 12.30 p.m. and before 2.00 p.m.

29.1.4 “Early afternoon shift” means a shift finishing after 7.30 p.m. and before 9.00 p.m.

29.2 Hours of work

29.2.1 The ordinary hours of both afternoon and night shift shall be eight hours daily inclusive of meal breaks. Provided that where shift work comprises three continuous and consecutive shifts of eight hours each per day, a crib time of twenty minutes in duration shall be allowed without deduction of pay in each shift, such crib time being in lieu of any other rest period or cessation of work elsewhere prescribed by this award.

29.2.2 Employees on shift work shall accrue 0.4 of one hour for each eight hour shifts worked to allow one complete shift to be taken off as a paid shift for every twenty shift cycle. This twentieth shift shall be paid for at the appropriate shift rate as prescribed by this clause.

29.2.3 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 21 - Public Holidays and Holiday Work, shall be regarded as shifts worked for accrual purposes.

29.2.4 Except as provided above, employees not working a complete four week cycle shall be paid accrued pro rata entitlements for each shift worked on the programmed shift off or, in the case of termination of employment on termination.

29.2.5 The employer and employees shall agree in writing upon arrangements for rostered paid days off during the twenty day cycle or for accumulation of accrued days to be taken at or before the end of the particular contract provided that such accumulation shall be limited to no more than five such accrued days and when taken, the days shall be regarded as days worked for accrual purposes in the particular twenty shift cycle.

29.2.6 Once such days have been rostered they shall be taken as paid days off provided that where an employer, for emergency reasons requires an employee to work on the employee’s rostered day off, the employee shall be paid, in addition to the employee’s accrued entitlement, the penalty rates prescribed in 29.10 of this clause.

29.3 Where employees engaged on stonemasonry work (as defined) are required to work shift work, the hours of duty shall be between 7.00 a.m. and 11.00 p.m., provided that such hours are worked in two shifts with two sets of employees. The first shift shall be worked between the hours of 7.00 a.m. and 3.00 p.m., and shall be paid for at ordinary rates and the second shift between the hours of 3.00 p.m. and 11.00 pm. shall be paid for at the rate of time and a half. All time worked between 11.00 p.m. and 7.00 a.m. shall be paid at double time.

29.4 Other than work on a Saturday, Sunday or holiday, the rate of pay for afternoon or night shift shall be time and a half and the rate for early morning and early afternoon shift shall be time and a quarter, provided that the employee is employed continuously for five shifts Monday to Friday in any week. The observance of a holiday in any week shall not be regarded as a break in continuity for the purposes of this subclause.

29.5 An employee who is employed for less than five consecutive shifts Monday to Friday shall be paid for each day the employee works on any of the shifts referred to in 29.1 and 29.3 at the rate of time and a half for the first two hours and double time thereafter provided that when a job finishes after proceeding on shift work for more than one week, or the employee terminates their services during the week, the employee shall be paid at the rate specified in 29.4 hereof for the time actually worked.

29.6 For the purpose of this clause an employee shall not be required to work for more than five hours without a meal break.

29.7 An employee shall be given at least 48 hours notice of a requirement to work shift work.

29.8 The hours for shift workers when fixed, shall not be altered except for breakdowns or other causes beyond the control of the employer, provided that notice of such alteration shall be given to the employee not later than ceasing time of the previous shift.

29.9 For all work performed on a Saturday, Sunday or holiday, the provisions of clauses 27, 28, and 34 shall be applicable in lieu of the rate prescribed in this clause.

29.10 Work in excess of shift hours, Monday to Friday, other than Holidays shall be paid at double time, provided that these rates shall be based in each case on ordinary rates.

29.11 Shift work hours shall be worked between Monday to Friday inclusive provided that an ordinary night shift commencing before, and extending beyond midnight Friday, shall be regarded as a Friday shift.



PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS

30. ANNUAL LEAVE

30.1 Period of Leave

Subject to the provisions of 30.2, 30.4 and 30.5 of this clause, a period of twenty-eight (28) consecutive days, exclusive of any public holidays occurring during the period, shall be given and taken as leave annually to all employees, other than casual employees, after twelve (12) months’ continuous service (less the period of annual leave) with an employer.

Provided that where a rostered day off, as prescribed in clause 25 or 29, falls during the period annual leave is taken, payment of accrued entitlements for such day shall be made in addition to annual leave payments prescribed in 30.7.

30.2 Method of Taking Leave

Either twenty-eight (28) consecutive days, or two separate periods of not less than seven (7) consecutive days in all cases exclusive of any public holidays occurring therein, or if the worker and the employer so agree, in either two, three or four separate periods and not otherwise, shall be given and taken within six (6) months from the date when the right to annual leave accrued. Provided that an employee may elect, with the consent of the employer, to take annual leave in single day periods or part of a single day not exceeding five days in any calendar year at a time or times agreed between them.

30.3 Leave Allowed Before Due Date

30.3.1 An employer may allow an employee to take annual leave prior to the employee’s right thereto has accrued due. In such circumstances, the qualifying period of further annual leave shall not commence until the expiration of twelve (12) months in respect of which the leave so allowed was taken.

30.3.2 Where an employer has allowed an employee to take annual leave pursuant to 30.3.1 and the employee’s services are terminated (by whatsoever cause) prior to the employee completing the twelve (12) months continuous service for which leave was allowed in advance, the employer may for each complete week of the qualifying period of twelve (12) months not served by the employee, deduct from whatever remuneration is payable upon the termination of the employment one fifty-second of the amount of wages paid on account of the annual leave.

30.3.3 Notwithstanding anything contained in this subclause, an employee who has worked for twelve (12) months in the industry with a number of different employers without taking annual leave, shall be entitled to take annual leave and be paid one twelfth of an ordinary week’s wages in respect of each completed 38 hours of continuous service with the current employer.

30.4 Proportionate Leave on Termination

Where an employee has given five (5) working days or more continuous service, inclusive of any day off as prescribed by clauses 25 and 29 (excluding overtime), and either leaves employment or the employment is terminated by the employer the employee shall be paid one twelfth of an ordinary week’s wages in respect of each completed five (5) working days of continuous service with the employee’s current employer for which leave has not been granted or paid for in accordance with this Award.

30.5 Broken Service

Where an employee breaks continuity of service by an absence from work for any reason other than a reason set out in 30.6, the amount of leave to which the employee would have been entitled under 30.1 shall be reduced by one forty-eighth for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which the employee would have been entitled under 30.4 shall be reduced by one-twelfth of a week’s pay for each week or part thereof during which any such absence occurs.

Provided, however, that no reduction shall be made in respect of any absence unless the employer informs the employee in writing of the employers intention to do so within fourteen (14) days of the termination of the absence.

30.6 Calculation of Continuous Service

For the purpose of this Clause, service shall be deemed to be continuous notwithstanding an employee’s absence from work for any of the following reasons:

  • Annual leave, personal leave or parental leave;

  • Illness or accident up to a maximum of four weeks after the expiration of paid sick leave;

  • Jury service;

  • Injury received during the course of employment and up to a maximum of twenty six weeks for which the employee received workers’ compensation;

  • Where called up for military service for up to three months in any qualifying period;

  • Long service leave;

  • Any reason satisfactory to the employer or in the event of dispute to the Commission. Provided that the reason shall not be deemed satisfactory unless the employee has informed the employer within twenty-four hours of the time when the employee was due to attend for work or as soon as practicable thereafter of the reason for the absence and probable duration thereof.

30.7 Payment for Period of Leave

30.7.1 Each employee, before going on leave, shall be paid in advance the wages which would ordinarily accrue to the employee during the currency of the leave.

Annual Leave Loading

30.7.2 In addition to the payment prescribed in 30.7.1, an employee shall receive during a period of annual leave a loading of 17.5 per cent calculated on the rates, loadings, and allowances prescribed by clauses 17, 19.1 and 19.2 and leading hand rates as prescribed by clause 17.3 if applicable. The loading prescribed above shall also apply to proportionate leave on lawful termination.

30.8 Service Under Previous Award

For the purpose of calculating annual leave, the service of the employee prior to the operative date of this Award shall be taken into account but an employee shall not be entitled to leave (or payment in lieu thereof) for any period in respect of which leave (or payment in lieu thereof) has been allowed or made under any previous award.

30.9 Annual Close Down

Notwithstanding anything contained in this Award, an employer giving any leave in conjunction with the Christmas-New Year holidays may, at the employer’s option, either:

  • stand off without pay during the period of leave any employee who has not yet qualified under 30.1; or

  • stand off without pay during the period of leave any employee who has not qualified under 30.1 and pay (up to the period of leave then given ) at a rate of one-twelfth of an ordinary week’s wages in respect of each 38 hours continuous service (excluding over-time).

Provided that where an employer decides to close down the establishment at the Christmas-New Year period for the purpose of giving the whole of the annual leave due to all, or the majority of the employees then qualified for such leave, the employer shall give at least two (2) months’ notice to the employees of the employer’s intention to do so.

30.10 Commencement of Leave - Distant Jobs

If an employee is still engaged on a distant job when annual leave is granted and the employee returns by the first reasonable means of transport to the place of engagement (or, if employed prior to going to the distant job, to the place regarded as the headquarters), the employee’s annual leave shall commence on the first full working day following the employee’s return to such place of engagement or headquarters as the case may be.

30.11 Prohibition of Alternative Arrangements

An employer shall not make payment to an employee in lieu of the employee’s annual leave or any part thereof except as is provided for in this Clause, and no contract, arrangement or agreement shall annul, vary or vitiate the provisions of this Clause whether entered into before or after the commencement of this Award.


31. PERSONAL LEAVE

The provisions of this clause apply to employees other than casuals.

31.1 Amount of Paid Personal Leave

31.1.1 Paid personal leave will be available to an employee when absent due to:

  • personal illness or injury (sick leave); or

  • for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support (carer’s leave); or

  • bereavement on the death of an immediate family or household member (bereavement leave).

31.1.2 Mixed Industry (South Australia, Victoria, Tasmania); Shopfitting (South Australia, Victoria, Tasmania); Joinery Shops (South Australia, Victoria):

31.1.2(a) Personal Leave of :

  • 7 days shall be available in the first year of employment.

  • 10 days at the beginning of the second and each subsequent year of employment.

31.1.2(b) In any year unused personal leave accrues at the rate of:

(1) 5 days in the first year and 8 days in the second and each subsequent year, less the amount of sick leave taken from the current year’s personal leave entitlement in that year; or

(2) the balance of that year’s unused personal leave.

whichever is less.

31.1.2(c) Personal leave may accumulate to a maximum of 80 days.

31.1.3 New South Wales; Prefabricated Buildings (Victoria, Queensland, and Western Australia); Precast Concrete Manufacture (as defined); Stonemasonry (as defined); and all other work not covered by 31.1.2:

31.1.3(a) Personal Leave of :

  • 3 days in the first month and then one additional day at the beginning each of the next nine (9) calendar months, shall be available in the first year of employment;

  • 12 days at the beginning of the employees second and each subsequent year, which subject to 31.4.7, shall commence on the anniversary of engagement.

31.1.3(b) In any year unused personal leave accrues at the rate of:

(1) 10 days less the amount of sick leave taken from the current year’s personal leave entitlement in that year; or

(2) the balance of that year’s unused personal leave.

whichever is less.

31.1.3(c) Personal leave may accumulate to a maximum of 100 days.

31.2 Immediate Family Or Household

31.2.1 The entitlement to use personal leave for the purpose of carer’s or bereavement leave is subject to the person being either:

31.2.1(a) a member of the employee’s immediate family; or

31.2.1(b) a member of the employee’s household.

31.2.2 The term “immediate family” includes:

31.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

31.2.2(b) child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

31.3 Sick Leave - Mixed Industry (South Australia, Victoria, Tasmania); Shopfitting (South Australia, Victoria, Tasmania); Joinery Shops (South Australia, Victoria):

31.3.1 An employee is entitled to use up to 5 days in the first year, and 8 days in the second and each subsequent year, of personal leave as sick leave on account of personal illness or injury other than that covered by workers compensation.

31.3.2 An employee is entitled to use accumulated personal leave for the purpose of sick leave where the current year’s sick leave entitlement has been exhausted.

31.3.3 The employee shall, within 48 hours of the commencement of such absence, inform the employer of the employee's inability to attend for work and as far as may be practicable state the nature of the illness or injury and the estimated duration of the absence.

31.3.4 The employee shall prove to the satisfaction of the employer (or in the event of dispute to the Commission) that the employee was unable on account of such illness or injury to attend for work on the day or days for which the sick leave is claimed.

31.4 Sick Leave - New South Wales; Prefabricated Buildings (Victoria, Queensland, and Western Australia); Precast Concrete Manufacture (as defined); Stonemasonry (as defined); and all other work not covered by 31.3:

31.4.1(a) An employee (other than a casual) during his/her first year of employment with an employer shall be entitled to use personal leave as sick leave, on account of personal illness or injury other than that covered by workers compensation, at the rate of one day at the beginning of each of the first ten calendar months.

31.4.1(b) Provided that an employee who has completed one year of continuous employment shall be credited with a further 10 days sick leave entitlement at the beginning of his/her second and subsequent year, which subject to 31.4.7, shall commence on the anniversary of engagement.

31.4.2 An employee is entitled to use accumulated personal leave for the purpose of sick leave where the current year’s sick leave entitlement has been exhausted.

31.4.3 An employee shall within 24 hours of the commencement of such sick leave inform the employer of the employee’s inability to attend for duty, and, as far as practicable, state the nature of the injury or illness and the estimated duration of the employee’s absence.

31.4.4 An employee shall prove to the employer’s satisfaction (or in the event of dispute the Commission) that the employee was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

31.4.5 In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only, such employee if in the year the employee has already been allowed paid Sick Leave on two occasions for one day only, shall not be entitled to payment for the day claimed unless the employee produces to the employer a certificate of a duly qualified medical practitioner that in the medical practitioner's opinion, the employee was unable to attend for duty on account of personal illness or injury. Provided that an employer may agree to accept from the employee a Statutory Declaration, stating that the employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate.

31.4.6 Any sick leave for which an employee may become eligible under this Award by reason of service with one employer shall not be cumulative upon sick leave for which the employee may become eligible by reason of subsequent service with another employer.

31.4.7 If an employee is terminated by the employer and is re-engaged by the same employer within a period of six months, then the employee's unclaimed balance of sick leave shall continue from the date of re-engagement.

In such case the employee’s next year of service will commence after a total of twelve months has been served with that employer excluding the period of interruption in service from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment, as the case may be.

31.5 Bereavement Leave

31.5.1 An employee other than a casual employee (as defined) is entitled to use up to two (2) days paid personal leave as bereavement leave on the death within Australia of a member of the employee’s immediate family or household. Such leave shall be up to and including the day of the funeral of such relation.

31.5.2 Provided further that, with the consent of the employer, which shall not be unreasonably withheld, an employee shall in addition be entitled to up to ten (10) working days unpaid bereavement leave in respect of the death within Australia or overseas of a relation to whom the clause applies. Any dispute as to the granting of unpaid bereavement leave may be dealt with in accordance with clause 11.1 of this award.

31.5.3 Proof of such death shall be provided by the employee to the satisfaction of the employer.

31.6 Carer’s Leave

31.6.1 An employee other than a casual employee (as defined) is entitled to use up to five days personal leave each year as carer’s leave to provide care and support for members of the employee’s immediate family of household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned.

31.6.2 The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.

31.6.3 In normal circumstances an employee shall not take carer’s leave under this clause where another person has taken leave to care for the same person.

31.6.4 The employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reason for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

31.6.5 An employee may take unpaid carer’s leave by agreement with the employer.

  1. PARENTAL LEAVE


Subject to the terms of this clause employees (other than casuals) are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

32.1 Definitions

32.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

32.1.2 Subject to 32.1.3 hereof spouse includes a de facto or a former spouse.

32.1.3 In relation to 32.5 hereof spouse includes a de facto spouse but does not include a former spouse.

32.2 Basic entitlement

32.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

32.2.2 Subject to 32.3.6 hereof, parental leave is to be available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances:

32.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

32.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of the placement of the child.

32.3 Maternity leave

32.3.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

32.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;

32.3.1(b) of the date on which the employee proposes to commence maternity leave, and the period of leave to be taken - at least four weeks.

32.3.2 When the employee gives notice under 32.3.1(a) hereof the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave the employee will not engage in any conduct inconsistent with her contract of employment.

32.3.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

32.3.4 Subject to 32.2.1 hereof and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth.

32.3.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that the employee is fit to work on her normal duties.

32.3.6 Special maternity leave

32.3.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

32.3.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which the employee is entitled in lieu of, or in addition to, special maternity leave.

32.3.6(c) Where an employee not then on maternity leave suffers an illness related to the pregnancy, the employee may take any paid sick leave to which the employee is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

32.3.7 Where leave is granted under 32.3.4 hereof, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

32.4 Paternity leave

32.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave:

32.4.1(a) a certificate from a registered medical practitioner which names the employee’s spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

32.4.1(b) written notification of the dates on which the employee proposes to start and finish the period of paternity leave; and

32.4.1(c) a statutory declaration stating:

32.4.1(c)(i) the employee will take that period of paternity leave to become the primary care-giver of a child;

32.4.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and

32.4.1(c)(iii) that for the period of paternity leave the employee will not engage in any conduct inconsistent with his contract of employment.

32.4.2 The employee will not be in breach of 32.4.1 hereof if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

32.5 Adoption leave

32.5.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

32.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

32.5.2(a) the employee is seeking adoption to become the primary care-giver of the child;

32.5.2(b) particulars of any period of adoption leave sought or taken by the employee’s spouse; and

32.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

32.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

32.5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

32.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

32.5.6 An employee seeking to adopt a child is entitled to take unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

32.6 Variation of period of parental leave

Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change is to be notified at least four weeks prior to the commencement of the changed arrangements.

32.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave, which they have accrued, subject to the total amount of leave not exceeding 52 weeks.

32.8 Transfer to a safe job

32.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

32.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee, to commence parental leave for such period as is certified necessary by a registered medical practitioner.

32.9 Returning to work after a period of parental leave

32.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

32.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 32.8 hereof, the employee will be entitled to return to the position they held immediately before such transfer.

32.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

32.10 Replacement employees

32.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

32.10.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

32.11 Part-time work

32.11.1 With the agreement of the employer:

32.11.1(a) A male employee may work part-time in one or more periods at any time from the date of birth of the child until its second birthday or, in relation to adoption, from the date of placement of the child until the second anniversary of the placement.

32.11.1(b) A female employee may work part-time in one or more periods while the employee is pregnant where part-time employment is, because of the pregnancy, necessary or desirable.

32.11.1(c) A female employee may work part-time in one or more periods at any time from the seventh week after the date of birth of the child until its second birthday.

32.11.1(d) In relation to adoption a female employee may work part-time in one or more periods at any time from the date of the placement of the child until the second anniversary of that date.

32.11.2 Return to former position

32.11.2(a) An employee who has had at least twelve months continuous service with an employer immediately before commencing part-time employment after the birth or placement of a child has, at the expiration of the period of such part-time employment or the first period, if there is more than one, the right to return to the employees former position.

32.11.2(b) Nothing in 32.11.2(a) hereof shall prevent the employer from permitting the employee to return to their former position after a second or subsequent period of part-time employment.

32.11.3 Effect of part-time employment on continuous service

Commencement on part-time work under this clause, and return from part-time work to full-time work under this clause, shall not break the continuity of service or employment.

32.11.4 Pro rata entitlements

Subject to the provisions of this subclause and the matters agreed to in accordance with 32.11.8 hereof, part-time employment shall be in accordance with the provisions of this award which shall apply pro rata.

32.11.5 Transitional arrangements - annual leave

32.11.5(a) An employee working part-time under this subclause shall be paid for and take any leave accrued in respect of a period of full-time employment, in such periods and manner as specified in the annual leave provisions of this award, as if the employee were working full-time in the class of work the employee was performing as a full-time employee immediately before commencing part-time work under this subclause.

32.11.5(b) A full-time employee shall be paid for and take any annual leave accrued in respect of a period of part-time employment under this subclause, in such periods and manner as specified in the award, as if the employee were working part-time in the class of work the employee was performing as a part-time employee immediately before resuming full-time work.

32.11.5(c) Provided that, by agreement between the employer and the employee, the period over which the leave is taken may be shortened to the extent necessary for the employee to receive pay at the employee’s current full-time rate.

32.11.6 Transitional arrangements - sick leave

An employee working part-time under this subclause shall have sick leave entitlements which have accrued under this award (including any entitlement accrued in respect of previous full-time employment) converted into hours. When this entitlement is used, whether as a part-time employee or as a full-time employee, it shall be debited for the ordinary hours that the employee would have worked during the period of absence.

32.11.7 Part-time work agreement

32.11.7(a) Before commencing a period of part-time employment under this subclause the employee and the employer shall agree:

32.11.7(a)(i) that the employee may work part-time;

32.11.7(a)(ii) upon the hours to be worked by the employee, the days upon which they will be worked and commencing times for the work;

32.11.7(a)(iii) upon the classification applying to the work to be performed; and

32.11.7(a)(iv) upon the period of part-time employment.

32.11.7(b) The terms of this agreement may be varied by consent.

32.11.7(c) The terms of this agreement or any variation to it shall be reduced in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.

32.11.7(d) The terms of this agreement shall apply to the part-time employment.

32.11.8 Termination of employment

32.11.8(a) The employment of a part-time employee under this clause, may be terminated in accordance with the provisions of this award.

32.11.8(b) Any termination entitlements payable to an employee whose employment is terminated while working part-time under this clause, or while working full-time after transferring from part-time work under this clause, shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time employee as qualifying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro rata basis.

32.11.9 Extension of hours of work

An employer may request, but not require, an employee working part-time under this clause to work outside or in excess of the employee’s ordinary hours of duty provided for in accordance with 32.11.5 hereof.

32.11.10 Nature of part-time work

The work to be performed part-time need not be the work performed by the employee in their former position but shall be work otherwise performed under this award.

32.11.11 Replacement employees

32.11.11(a) A replacement employee is an employee specifically engaged as a result of an employee working part-time under this subclause.

32.11.11(b) A replacement employee may be employed part-time. Subject to this paragraph, 32.11.5, 32.11.6, 32.11.7, 32.11.9 and 32.11.11 hereof apply to the part-time employment of replacement employee.

32.11.11(c) Before an employer engages a replacement employee under this paragraph, the employer shall inform the person of the temporary nature of the employment and of the rights of the employee who is being replaced.

32.11.11(d) Unbroken service as a replacement employee shall be treated as continuous service for the purposes of 32.11.11(e) hereof.

32.11.11(e) Nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.


33. JURY SERVICE

An employee required to attend for jury service shall be entitled to have his/her pay made up by the employer to equal the employee’s ordinary pay as for eight hours (inclusive of accrued entitlements prescribed by clauses 25 and 29) per day plus fares whilst meeting this requirement. The employee shall give to the employer proof of his/her attendance and the amount received in respect of such jury duty.

34. PUBLIC HOLIDAYS AND HOLIDAY WORK

34.1 An employee other than a casual employee (as defined), shall be entitled to holidays on the following days without deduction of ordinary pay:

34.1.1 New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day (except in South Australia where Commemoration Day – 28 December – shall be observed as a holiday throughout the State, except at Whyalla); and

34.1.2 the following days, as prescribed in the relevant States, Territories and localities: Australia Day, ANZAC Day, Queen’s Birthday (except in Western Australia where Union Picnic Day will be held in lieu thereof) and Eight Hours’ Day or Labour Day; and

34.1.3 one other day specified as follows in each State, Territory or locality:

34.1.3(a) in Victoria: Melbourne Cup Day.

Provided that for an employee employed at work beyond a radius of 40 kilometres of the GPO Melbourne, another day may, by agreement between the employer and employee representative or majority of employees, be substituted for Melbourne Cup Day, provided further that for any employee resident in Geelong, and employed within a radius of 50 kilometres of the GPO Geelong, Geelong Cup Day shall be substituted for Melbourne Cup Day.

34.1.3(b) in South Australia: the third Monday in May.

34.1.3(c) in Tasmania: Show Day in the locality as proclaimed or gazetted by the authority of the State government.

34.1.3(d) in Queensland: Show Day in the locality as proclaimed or gazetted by the authority of the State government.

34.1.3(e) New South Wales: Picnic Day. Provided that:

  • The first Monday in December of each year shall be the Union Picnic Day.

  • Where an employer holds a regular picnic for his/her employees on some other working day during the year such day may be given and may be taken as a picnic day in lieu of the picnic day here fixed.

34.1.3(f) in Western Australia: Foundation Day or any other day which by Act of Parliament or State Proclamation is substituted for the said day.

34.1.4 An employer whose business is situated near a State or Territory border and whose operations traverse the border may elect to follow a particular State or Territory’s public holidays, subject to agreement with the employee representative or majority of employees.

34.2.1 When Christmas Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 27 December.

34.2.2 When Boxing Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 28 December.

34.2.3 When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

34.3 Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 34.1, those days shall constitute additional holidays for the purpose of this award.

34.4.1 An employer and employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement.

34.4.2 An agreement pursuant to 34.4.1 shall be recorded in writing and be available to every affected employee.

34.4.3 The unions which are party to this award shall be informed of an agreement pursuant to 34.4.1, provided such agreement is made with a union member.

34.5 Where an employee is absent from his/her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.

34.6.1 An employer who terminates the employment of an employee except for reasons of misconduct or incompetency (proof of which shall lie upon the employer) shall pay the employee a day’s ordinary wages for each holiday prescribed in or each holiday in a group as prescribed in 34.6.2 which falls within 10 consecutive calendar days after the day of termination.

34.6.2 Where any two or more of the holidays prescribed in this award occur within a 7 day span, such holidays shall for the purposes of this award be a group of holidays. If the first day of the group of holidays falls within 10 consecutive days after termination, the whole group shall be deemed to fall within the 10 consecutive days.

Christmas Day, Boxing Day and New Year’s Day shall be regarded as a group.

34.6.3 No employee shall be entitled to receive payment from more than one employer in respect of the same public holiday or group of holidays.

34.7 Where an employee is working on a part time basis pursuant to the provisions of clause 32 – Parental Leave, the holidays provisions in this clause shall only apply in respect of that part of a holiday or group of holidays which coincides with the ordinary hours of part time work applicable to that employee.

34.8 All work performed on any of the holidays prescribed in this clause, or substituted in lieu thereof, shall be paid at the rate of double time and a half.

34.9 An employee required to work on a holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate


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


35. LIVING AWAY FROM HOME – DISTANT WORK

35.1 For the purposes of this clause a distant job is one in respect of which either the distance from the employee’s usual place of residence or the travelling facilities available, make it reasonably necessary for the employee to live and sleep away from his/her usual residence.

35.2 An employee directed by his/her employer to proceed to a distant job and complying with such direction shall be entitled to either:

[35.2.1 corrected by PR922232; varied by PR936696 PR950601; PR961689 ppc 16Aug05]

35.2.1 Payment of an allowance of $356.50 per full working week (of seven days) or where the job is for less than a full working week $51.00 per day. Provided that if the employee satisfies the employer that a greater outlay than that prescribed above was reasonably incurred then such allowances shall be increased to meet such outlay; or

35.2.2 Reasonable board and lodging provided by the employer (which shall mean a well kept hotel/motel type establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating/cooling and with hot and cold running water, in either a single room or twin room if a single room is not available);

35.3.1 An employee who complies with his/her employer’s direction to proceed to a distant job shall be entitled on the forward journey and on the return journey and at the completion of the job on the return journey to travelling time at ordinary rates of pay for the period incurred (not exceeding ordinary working hours for and on each day of travelling) in travelling between his/her home and the distant job. In addition an employee shall be paid the amount of an economy return fare and any excess payment incurred in transporting his/her tools.

[35.3.2 varied by PR950601; PR961689 ppc 16Aug05]

35.3.2 On the return journey an employee shall also be paid an amount of $17.10 to cover the expenses (if any incurred) of reaching his/her residence from the main public transport terminal.

[35.3.3 corrected by PR922232; varied by PR936696 PR950601; PR961689 ppc 16Aug05]

35.3.3 For any meals incurred whilst travelling on either the forward or return journey an employee shall receive a payment of $10.50 per meal.

35.3.4 For the purposes of this subclause “economy return fare” shall mean the total cost of the most common method of public transport (including bus, aircraft, rail, with sleeping berths if necessary) between the employees residence and the distant job and return.

35.3.5 Provided that:

35.3.5(a) An employee dismissed for misconduct or incompetency within one week of commencing work on a distant job, or an employee who terminates or discontinues his/her work within one month of commencing the distant job, shall not be entitled to the amount of the return fare, nor the payment for return travelling time and nor the payment prescribed by 35.3.2.

35.3.5(b) Travelling time shall be calculated as the time taken for the journey between the central or regional rail, bus or air terminal nearest the employee’s usual place of residence and the locality of the work.

35.4.1 Subject to subclause 35.5.1, after two months continuous service on a distant job to which an employee has been directed to attend, and thereafter at three monthly periods of continuous service thereon, an employee may return to his/her home at a weekend.

35.4.2 If the employee does so, he/she shall be paid the amount of an economy return fare on the pay day 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.

35.4.3 Provided, however, that within a further twenty-eight days after the expiration of any such two or three month period as mentioned above, then the provisions of this subclause shall not apply.

35.5.1 Notwithstanding the provisions of subcla se 35.4, where the location of a distant job is in an area to which air transport is the only practical means of travel an employee may return home after 4 months continuous service and shall in such circumstances be entitled to 2 days leave with pay in addition to the weekend.

An employee may return home after each further period of 4 months continuous service and in each case he/she shall be entitled to 2 days leave, of which 1 day shall be paid leave.

35.5.2 Payment for leave and reimbursement of any economy air fare paid by the employee shall be in accordance with 35.4.2 and 35.4.3 except that “four months” will be substituted for “two or three months”.

35.6 The application of 35.4 or 35.5 shall be established by agreement as soon as practicable after the commencement of the distant job. The entitlement therein shall be taken as soon as reasonably practicable after it becomes due, however, it shall lapse after a further period of two months provided that the employee has been notified in writing by the employer of his/her entitlement and the expiry date herein prescribed, in the week prior to such entitlement become due. (Proof of such written notice shall lie with the employer).

35.7 The leave entitlements prescribed in 35.4 and 35.5 shall count as periods of service for all purposes of this award.

35.8 In special circumstances, and by agreement with the employer, the entitlement of subclauses 35.4 and 35.5 may be granted earlier or taken late without altering the accrual of the entitlements.

35.9 Payment of entitlements in subclauses 35.4 and 35.5 shall not be made unless availed of by the employee.

[35.10 varied by PR950601; PR961689 ppc 16Aug05]

35.10 An employee who is provided with full board and lodgings in accordance with 35.2.1 and who works the ordinary hours as required on the day before and the day after a weekend and who notifies the employer or employer’s representative no later than Tuesday of each week, of his/her intention to return to his/her residence at the weekend and actually does so, shall be paid an allowance of $28.90 for each occasion.

35.11 If an employer and the employee so agree in writing, the paid rostered day off as prescribed in clauses 25 and 29 may be taken, and paid for, in conjunction with and additional to the return home leave as prescribed in 35.4 and 35.5, or at the end of the work on the distant job or on termination whichever comes first.


36. FARES AND TRAVEL PATTERNS ALLOWANCE

36.1 Melocco Limited, Springvale

36.1.1 This subclause shall apply to the Construction Forestry Mining and Energy Union and its members employed by Melocco Limited, Springvale, Victoria.

[36.1.2 varied by PR950601; PR961689 ppc 16Aug05]

36.1.2 Metropolitan radial areas: The following fares allowances shall be paid to employees employed under the terms and conditions of this Award in Victoria for travel patterns and costs peculiar to the industry which include mobility requirements on employees. When employed on work located within a radius of 50 km from the G.P.O. Melbourne - $14.30 per day.

36.1.3 The allowance prescribed in this subclause shall not be payable on any day which the employer provides or offers to provide transport free of charge from the employee’s home to his/her place of work and return, provided that any transport supplied is equipped with suitable seating accommodation and is covered when necessary so as to be weather-proof.

36.1.4 The travelling allowance prescribed in this subclause 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 rostered day off as prescribed in clause 25 of this Award.

36.1.5 An apprentice’s entitlement to the allowance prescribed in 36.1.2 shall be in accordance with the following scale (which is based on the appropriate allowance for a stonemason):

Per cent
1st three months35
Next nine months 45
2nd year 65
3rd year 75
4th year 90

The foregoing amounts shall be calculated to the nearest 5 cents, 2 cents and less shall be disregarded.

[36.2 varied by PR950601; PR961689 ppc 16Aug05]

36.2 Stonemasonry work

An employee engaged on stonemasonry work when directed to work on fixing work in a cemetery away from the employer’s usual place of business shall be reimbursed for any fares incurred in excess of those normally expended in travelling to and from his/her home to the employers premises. The employee shall also be entitled to payment at ordinary rates for any excess travelling time as involved. Provided that where an employer requests an employee to use his/her own car and the employee agrees to do so an amount of 77 cents per kilometre shall be paid.

PART 9 – TRAINING AND RELATED MATTERS

37. ADULT TRAINEE TERRAZZO WORKER

37.1 “Adult Trainee Terrazzo Worker” means an employee selected by the employer for the purpose of being taught the trade of a terrazzo worker. During the period of tuition the employee shall receive the appropriate rate of pay set out in clause 17 and upon the satisfactory completion of the traineeship at the expiration of two years from the date of commencement of such traineeship shall be classified as a terrazzo worker tradesperson and receive the appropriate rate of pay for such workers in clause 17 of this award.

37.2 A person so classified by an employer shall be notified by the employer in writing to that effect. Nothing contained herein shall deprive the employer of the rights of terminating the said traineeship within 12 months in the event of the employee not progressing satisfactorily or for reasons which justify summary dismissal or for reason due to business fluctuations. Upon the commencement of an adult trainee terrazzo worker’s traineeship the following letter of intent shall be issued to the employee by the employer:

“TO WHOM IT MAY CONCERN

This is to certify that on this day of............. Mr/Ms............ has been classified as per clause 17 of the National Joinery and Building Trades Products Award as an “Adult Trainee Terrazzo Worker”. Wages and other conditions shall be adjusted periodically as per the appropriate rates and allowances enumerated in Clause 17 of the National Joinery and Building Trades Products Award as varied from time to time.

......................................(Signed)”

37.3 Upon the satisfactory completion of the traineeship the employee shall be duly classified under this Award as a tradesperson or machinist and paid as such and this letter of intent shall be endorsed, indicating that the traineeship has been satisfactorily completed.

SCHEDULE A

RESPONDENT EMPLOYER ORGANISATIONS



AUSTRALIAN INDUSTRY GROUP
51 WALKER STREET
NORTH SYDNEY NSW 2060 [C No 21217 of 1993]

MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES
52 PARRAMATTA ROAD
FOREST LODGE NSW 2037

MASTER BUILDERS ASSOCIATION OF VICTORIA
332 ALBERT STREET
EAST MELBOURNE VIC 3002 [C No 20993 of 1990]

VICTORIAN EMPLOYERS CHAMBER OF COMMERCE AND INDUSTRY
196 FLINDERS STREET
MELBOURNE VIC 3000

SCHEDULE B

RESPONDENT EMPLOYERS

A & A EXPO INTERNATIONAL
19/257 COLCHESTER RD KILSYTH VIC 3137

A & B ALUMINIUM FABRICATORS P/L
16 COMMERCIAL DRIVE DANDENONG VIC 3175

A & B ALUMINIUM WINDOWS P/L
16 COMMERCIAL DRIVE DANDENONG VIC 3175

A & G CONSTRUCTIONS
61 FRANCIS ROAD WINGFIELD SA 5013

A & L WINDOWS (SA) PTY LTD
48-54 CHURCHILL ROAD DRY CK SA 5094

A & M KITCHENS
31 BARRY AVE MORTDALE NSW 2223

A & S WINDOWS P/L
196 UNION RD ASCOT VALE VIC 3032

A & S WINDOWS P/L
20 STEPHENSON RD SEAFORD VIC 3198

A B NOLAN JOINERY
108 LAL LAL ST BALLARAT VIC 3350

A G MILES & SON
36 HASSETT ST LEONGATHA VIC 3953

AJ & SL GREWAR PTY LTD
53-55 SINCLAIR ROAD
DANDENONG VIC 3175 [C No 21303 of 2000]

A M I SHOPFITTERS P/L
74 BAY STREET BOTANY NSW 2019

A NORTH-EAST SIGNS
6 WHITELODGE RD PARADISE SA 5075

A P G DISPLAY GROUP P/L
7 MILES STREET MULGRAVE VIC 3170

A SIGN OF CLASS
379 MAIN NORTH RD ENFIELD SA 5085

ABC KITCHENS PTY LTD
27 EAST PARADE SUTHERLAND NSW 2232

ABD JOINERY PTY LTD
60 MIDDLE ROW SALISBURY SA 5108

ABODE CABINET MAKING P/L
7 VILLERS PLACE DEE WHY NSW 2099

ACACIA DEVELOPMENTS PTY LTD
67 GIPPS STREET
COLLINGWOOD VIC 3066 [C2001/3901]

ACCENT WINDOWS PTY LTD
3 ENTERPRISE WAY BAYSWATER VIC 3153

ACE SHOPFITTERS (NOMINEE)PTY LTD
14 WEST STREET BROMPTON SA 5007

ACE SIGN INSTALLATION & MAINTENANCE
58 THE AVENUE NARRE WARREN S VIC 3804

ACME SHOPFITTING & STEEL
32 EILEEN ROAD CLAYTON S VIC 3169

ACROPOLIS MARBLE & GRANITE
18 STANLEY ST COLLINGWOOD VIC 3066

ACTION SIGNS & GRAPHICS
PO BOX 601 MAGILL SA 5072

AD ASTRA STONE PTY LTD
24 PLIMSOLL GROVE FAIRFIELD VIC 3078

ADAM & E'S DISPLAYS PTY LTD
433 SMITH STREET FITZROY N VIC 3068

ADAM BROS JOINERY
260 BURNLEY STREET RICHMOND VIC 3121

ADAMS ANDREW
99 MORTLOCK TCE PORT LINCOLN SA 5606

ADELAIDE ARCHITECTURL JOINERY
4/28 WILLOCHRA ROAD SALISBURY PLAIN SA 5109

ADELAIDE BANNERS & SIGNS
15 KNIGHTSBRIDGE CRT HAPPY VALLEY SA 5159

ADELAIDE COOLROOMS & CABINETSPTY LTD
37 HOLDEN STREET HINDMARSH SA 5007

ADELAIDE NEON RENTALS & SALES
37 THOMAS ST SEACLIFF SA 5049

ADELAIDE SIGN SHOP
34 PAULINE DRV SURREY DOWNS SA 5126

ADELAIDE TILT UP & TILING
616A GLYNBURN ROAD BEAUMONT SA 5066

ADELAIDE VISUAL MARKETING
49 MYALL AVE KENSINGTON GARDENS SA 5068

ADHERETTIS PTY LTD
60 MORAY ST MELBOURNE VIC 3000

ADVANCED BUILDING
1 WELLS COURT HAPPY VALLEY SA 5159

AGILE KITCHENS
23 ELIZABETH STREET WETHERILL PK NSW 2164

AIRBRUSH EVOLUTION
88 COMMERCIAL ST MOUNT GAMBIER SA 5290

ALBRANK INDUSTRIES PTY LTD
41 MADDEN GROVE BURNLEY VIC 3121

ALDA DESIGN
57 GROVE AVE MARLESTON SA 5033

ALFA SIGNS
2/27 BARNDIOOTA RD SALISBURY PLAIN SA 5109

ALL TRENDS SECURITY DOORS
5/96 RESEARCH ROAD POORAKA SA 5095

ALLEN GARY
57 MCHARG ROAD HAPPY VALLEY SA 5159

ALLITT JOINERY
71-73 ESSEX STREET MOOLAP VIC 3221

ALLSIGNS
693 K BAINS RD MORPHETT VALE SA 5162

ALMAR CONSTRUCTION
29 LEADER STREET ROSEWATER SA 5013

ALPHINGTON JOINERY PTY LTD
11 ROWE STREET ALPHINGTON VIC 3078

ALTA MODA MARBLE & GRANITE PTY LTD
LOT 9/13 ANGLE VALE CRESCENT WATERLOO CORNER SA 5110

ALUCO
1 MARION STREET MELROSE PK SA 5039

ALUMINIUM & GLASS INDUSTRIES
UNIT 2 FACTORY 7
17 LANYON ST DANDENONG VIC 3175

ALUMINIUM GLASS FACADE SYSTEMS
20 REID ST ARDEER VIC 3022

ALUMINIUM SPECIALTIES GROUP PTY LTD
106 ASHLEY STREET TORRENSVILLE SA 5031

AMALGAMATED MARBLE CO. P/L.
2A CUNNINGHAM STREET NORTHCOTE VIC 3070

AMP MAINTENANCE
CNR KING WILLIAM ST & NTH TERR ADELAIDE SA 5000

AMPLIFORM PTY LTD
CNR PEACHEY & WOMMA ROADS ELIZABETH W SA 5113

ANDREWS CUSTOM KITCHENS P/L
593 BOTANY RD ROSEBERY NSW 2018

ANGELO SACCARDO (SA) PTY LTD
273 CORMACK ROAD WINGFIELD SA 5013

ANTIQUE MARBLE FIREPLACE CO
2 HUGHES STREET UNLEY SA 5061

APOLLO PARTITION & JOINERY PTY LTD
15 SALISBURY ST BOTANY NSW 2019

APPOLO KITCHENS
120 LONG ST SMITHFIELD NSW 2164

ARARAT JOINERY WORKS
79 CHURCHILL AVE ARARAT VIC 3377

ARNOLD JOHN SHOPFITTERS PTY LTD
14 REGENT STREET MELROSE PK SA 5039

ARTSIGN
296 MAIN NORTH RD PROSPECT SA 5082

ASSOCIATED JOINERS PTY LTD
5 BROWN STREET BROMPTON SA 5007

ASSOCIATED SCREW & SAFETY P/L
230 GEORGE RD FLINDERS PK SA 5025

ASSOCIATED SIGNS (AUST) P/L
36 HOLLOWAY DRIVE BAYSWATER NSW 2283

ASSOCIATED SIGNS
UNIT 2 348-350 RICHMOND RD NETLEY SA 5037

ATLAS JOINERY
13 WEST STREET BEVERLEY SA 5009

ATLAS KITCHENS PTY LTD
74 OAK ROAD KIRRAWEE NSW 2232

ATLAS PREFAB CONSTRUCTION
13 WEST STREET BEVERLEY SA 5009

ATLAS STEELS (AUST) PTY LTD
9 CAPELLI ROAD WINGFIELD SA 5013

AUSSIE SIGNS
9 GILL TCE GLEN OSMOND SA 5064

AUSTEC PANEL SYSTEMS PTY LTD
51 COWPASTURES ROAD WETHERILL PK NSW 2164

AUSTRAL STEEL-EAGLE & GLOBE
301 GRAND JUNCTION ROAD OTTOWAY SA 5013

AUSTRAL WRIGHT METALS
23 TAMINGA STREET REGENCY PK SA 5010

AUSTRALIAN PORTABLE BUILDINGS PTY LTD
58-60 REDFERN STREET WETHERILL PK NSW 2164

AUSTRALIAN PROFESSIONAL SHOPFITTERS PTY LTD
FACTORY 6, 21-25 REDLAND DRIVE MITCHAM VIC 3132

AUSTRALIAN SURFACING CONTRACTORS P/L
1180 OLD PORT RD ROYAL PK SA 5014

AXA EXHIBITS INTERNATIONAL
19/257 COLCHESTER ROAD
KILSYTH VIC 3137 [C No 21303 of 2000]

B & K SHOPFITTERS
6 REDMOND ST LEICHHARDT NSW 2040

B & L NEON SIGNS PTY LTD
40 SIXTH STREET PARKDALE VIC 3195

B & S JOINERY PTY LTD
271 CORMACK ROAD WINGFIELD SA 5013

B C A JOINERY
7 IRENE ST COBURG VIC 3058

B J I KITCHENS
351 MAIN SOUTH ROAD MORPHETT VALE SA 5162

B.R. CABINETS
3/23 DONEGAL ROAD LONSDALE SA 5160

BAKER JOINERY
176 PORTRUSH ROAD TRINITY GARDENS SA 5068

BALLARAT JOINERY SUPPLIES
510 HOWITT ST BALLARAT VIC 3350

BALTIC STONEMASON PROFESSIONALS
5 PATRONA STREET DANDENONG VIC 3175

BANKSIA SIGNS
9 FRANCIS RIDLEY CCT BROMPTON SA 5007

BAROSSA VIEW WINDOWS
MOPPA ROAD NURIOOTPA SA 5355

BARRY'S BUILDING CENTRE PTY LTD
1 ROSE STREET MOUNT GAMBIER SA 5290

BATTISTELLO F & CO
73 TODVILLE ST WOODVILLE SA 5011

BAYSIDE CABINETS
6-8 ROPER STREET MOORABBIN VIC 3189

BEACON ELECTRICAL SERVICES VIC PTY LTD
50 CARROLL LANE GREENVALE VIC 3059

BECKTON SHOPFITTING
8/120 GILBA ROAD GIRRAWEEN NSW 2145

BELL J.H. & CO LTD
3 MANFRED ST HAYHURST SA 5000

BENDIGO HEALTH CARE GROUP INC.
P O BOX 126 BENDIGO VIC 3550

BENDIGO REGIONAL INSTITUTE OF T A F E
P O BOX 170
BENDIGO VIC 3550 [C No 24190 of 1999]

BENTLEY SHOPFITTERS
84 STATION ST NORLANE VIC 3214

BENTLEY SIGNS
145 MAIN RD PORT PIRIE SA 5540

BETTA VIEW WINDOWS PTY LTD
84 ESMOND ROAD PORT PIRIE SA 5540

BICKFORDS CONSTRUCTION CO P/L
16 BLYTHE ST GLEN OSMOND SA 5064

BILDIT INDUSTRIES PTY LTD
AVEY ROAD MOUNT GAMBIER SA 5290

BLACKWOOD JOINERY PTY LTD
11 PASTEUR AVE HAWTHORNDENE SA 5051

BLACKWOOD KITCHENS & CARPENTRY SERVICES
26 GARNET AVENUE BLACKWOOD SA 5051

BLAKE BROS P/L MONUMENTAL MASONS
975 PLENTY ROAD KINGSBURY VIC 3083

BOKA ALUMINIUM WINDOWS PTY LTD
3 LYN PDE LIVERPOOL NSW 2170

BONE G.J. & SONS PTY LTD
856 SOUTH RD EDWARDSTOWN SA 5039

BORAL WINDOW SYSTEMS
CNR PEACHEY & WOMMA ROADS ELIZABETH W SA 5113

BOSWELL I & J PTY LTD T/ABAY NEON (SIGN INSTALLATION)
33 GRANGE RD FRANKSTON VIC 3199

BOWLES JOINERY P/L
65 BARRY AVE MORTDALE NSW 2223

BRADTKE O.E. & SONS P/L
P O BOX 115 LOXTON SA 5333

BREMNER ALUMINIUM PTY LTD
83 LEVANSWELL ROAD MOORABBIN VIC 3189

BRENNAN CONSTRUCTIONS P/L CONTRACTORS
183 HALIFAX ST ADELAIDE SA 5000

BRIMBLECOMBE BUILDERS PTY LTD
127 RUNDLE ST KENT TOWN SA 5067

BRODERS F A
21 WINNS ROAD BLACKWOOD SA 5051

BROWN CONSTRUCTIONS
DEEP CREEK RD HANNAM VALE NSW 2443

BROWN NIGEL & ASSOCIATES
76 DRAYTON STREET BOWDEN SA 5007

BRUMBIES SIGNWRITING
PINEHALL AVE MOUNT GAMBIER SA 5290

BRUMBYS STRIPE AND SHINE
88 COMMERCIAL ST MOUNT GAMBIER SA 5290

BRYOW INDUSTRIES P/L
LOT 10 SUNBLEST AVE MOUNT DRUITT NSW 2770

BUILT ENVIRONS PTY LTD
200 EAST TERRACE ADELAIDE SA 5000

BULBROOK H E & SON PTY LTD
75 RESERVE RD ARTARMON NSW 2064

C & M BUDA
165 KINGSGROVE RD KINGSGROVE NSW 2208

CKD KITCHEN DESIGNS
12 BIRDWOOD AVE FERNTREE GULLY VIC 3156 [C No 23769 of 2000]

CAKEBREAD R.L. & J.M. CONSTRUCTIONS
76 BROOKER TCE RICHMOND SA 5033

CANDETTI CONSTRUCTIONS P/L
1/29 ANZAC HWAY KESWICK SA 5035

CAPRICORN SHOPFITTERS P/L
18 PARINGA AVENUE SOMERTON PK SA 5044

CARRABBA LUIGI & SR
19 TANIA AVE. WINDSOR GARDENS SA 5087

CARROLL SIGNS & GRAPHICS
37 SAGES ROAD GLENROY VIC 3046

CAULFIELD GENERAL MEDICAL CENTRE
260 KOOYONG ROAD CAULFIELD VIC 3162

CHAPPELL A J PTY LTD
122 MULLER ROAD GREENACRES SA 5086

CHERRY INTERNATIONAL
23 SHARPIE CRESCENT GRANGE SA 5022

CHESINI HOUSE
LOT 9/13 ANGLE VALE CRESCENT WATERLOO CORNER SA 5110

CHEVRON CONSTRUCTIONS
1 EMANUEL STREET MELROSE PK SA 5039

CHEVRON GLASS
1 EMANUEL ST MELROSE PK SA 5039

CHURCH OF ENGLAND COLLEGIATE SCHOOL OF ST PETERS
ST PETERS ADELAIDE SA 5000

CITY SIGNS
22 EDINBURGH ST PORT LINCOLN SA 5606

CLARE SHEET METAL WORKS
9 STRICKLAND STREET CLARE SA 5453

COASTAL CABINETS & SHOPFITTERS
45 PENNINSULA AVE RYE VIC 3941

COASTAL JOINERY
40 NOBLE ST ANGLESEA VIC 3230

COHUNA JOINERY & BUILDING SUPPLIES
48 WESTERN RD COHUNA VIC 3568

COLAC COMMUNITY HEALTH SERVICE
CORANGAMITE STREET
COLAC VIC 3250 [C No 24190 of 1999]

COMBINATION KITCHEN & CABINETS PTY LTD
30 SINCLAIR ROAD DANDENONG VIC 3175

COMPLETE JOINERY PTY LTD
8 PICADILLY ROAD CRAFERS SA 5152

COMPLETE JOINERY SERVICES
SMITHTON GROVE OCEAN GROVE VIC 3226

COMPLETE SHOPFITTERS P/L
T/A COMPLETE SHOPFITTERS
47 KITCHEN RD DANDENONG VIC 3175

COMPLETE SHOPFITTERS
1 ALDENHOVEN ROAD LONSDALE SA 5160

CONCEPT KITCHENS PTY LTD
UNIT 2/4 ETHEL ROAD KIRRAWEE NSW 2232

CONCEPT STONE & WOODCRAFT P/L
10 ANNIE TERRACE WASLEYS SA 5400

CONDOR MARBLE & GRANITE P/L
T/A CONDOR MARBLE & GRANITE
21-29 RAILWAY AVE HUNTINGDALE VIC 3166

CONSOLIDATED GRAPHICS PTY LTD
56 SARTON ROAD CLAYTON VIC 3168

CONSOLIDATED PRESTRESSED INDUSTRIES (SA) PTY LTD
535 GRAND JUNCTION ROAD GEPPS CROSS SA 5094

CONSTANTAIN KITCHENS
714 CANTERBURY RD BELMORE NSW 2192

CONSTRESS
535 GRAND JUNCTION ROAD GEPPS CROSS SA 5094

COOK W & SONS
23 PORTRUSH ROAD PAYNEHAM SA 5070

CORANI G CO
2 MANNINGHAM STREET MANNINGHAM SA 5086

CORDUKES LTD
2A/172 SILVERWATER ROAD SILVERWATER VIA MORISSET NSW 2264

CORIO JOINERY CO
48 GRANDVIEW PARADE MOOLAP VIC 3221

CORPORATE INTERIORS OF AUSTRALIA PTY LTD
750 QUEENSBERRY ST NORTH MELBOURNE VIC 3051

COX CONSTRUCTIONS PTY LTD
7 THAMES AVE KLEMZIG SA 5087

CRANE ALUMINIUM EXTRUSIONS
CRENNIS MINES ROAD ANGASTON SA 5353

CREATING AN IMAGE DESIGNCRAFT
336 SOUTH RD CROYDON PK SA 5008

CREATIVE CABINETS
18 KEMPSON CRT KEYSBOROUGH VIC 3173

CRYSTALWALL PTY LTD
CNR CHILDS & RIVERSIDE ROAD CHIPPING NORTON NSW 2170

CSI SIGNS
6 O'KEEFE CRES BACCHUS MARSH VIC 3340

D & D STAR SIGNS
12A FRANKLIN ST MORWELL VIC 3840

D&D STAR SIGNS
12A FRANKLIN STREET MORWELL VIC 3840

D&M SIGNS PTY LTD
102 BROWNING STREET PORTLAND VIC 3305

DALLAS INDUSTRIES P/L
1A AMOUR STREET MILPERRA NSW 2214

DANIELS MARBLE HOUSE
12 VICTORIA ST BRUNSWICK VIC 3056

DAVIES JOINERY
61 LOCH ST MARYBOROUGH VIC 3465

DAYTONA SIGNS
136 MORGAN AVE MELROSE PK SA 5039

DEAN SHELVING
4 / 14 CARDIFF COURT CAVAN SA 5094

DESIGN CRAFT SA SIGNS
1 ADELAIDE ROAD LOBETHAL SA 5241

DESIGNCRAFT
336 SOUTH RD CROYDON PK SA 5008

DETAIL JOINERY PTY. LTD.
31 WATTLEPARK AVENUE MOOLAP VIC 3221

DI SALVO E & A PTY LTD
14 BICKFORD STREET RICHMOND SA 5033

DICKSON SHOP FITTERS PTY LTD
54 O'SULLIVAN BEACH ROAD LONSDALE SA 5160

DISPLAY & STORAGE SYSTEMS PTY LTD
57 GROVE AVENUE MARLESTON SA 5033

DISPLAYLINE
12-14 SOMERSET CRT LONSDALE SA 5160

DISS R & E JOINERY
28 MARKET ST KYNETON VIC 3444

DJ WINDOW & DOOR MANUFACTURERS
85 WELLAND AVENUE WELLAND SA 5007

DOORS
9A ELIZABETH ST WALLAROO SA 5556

DOWELL WINDOWS
CNR PEACHEY & WOMMA ROADS ELIZABETH W SA 5113

DUO JOINERY
223 SOUTH TCE WINGFIELD SA 5013

DUREGON C PTY LTD
63 STUART TERRACE PORT AUGUSTA SA 5700

E M SIGNS AUSTRALIA PTY LTD
T/AS E M SIGNS (VIC) P/L
4/3 TULLAMARINE PARK RD TULLAMARINE VIC 3043

E W BULTE
4 QUEEN STREET ARARAT VIC 3377

EAGLE JOINERY
109 WINGFIELD RD WINGFIELD SA 5013

EASTERN PORTABLE BUILDINGS
25 HOLBECHE ROAD ARNDELL PARK NSW 2148

EASTSIDE JOINERY
15 SOUTHFORK DRIVE KILSYTH VIC 3137

ECCO SHOPFITTING
FACTORY 1/224 PRINCESS HWY DANDENONG VIC 3175

ECHUCA REGIONAL HEALTH
FRANCIS STREET ECHUCA VIC 3564

EL TOREA PTY LTD
J.P.H CABINETS
11 LOUVAIN STREET COBURG VIC 3058

ELDER SIGNS S.A. PTY LTD
78 GROVE AVE MARLESTON SA 5033

ELITE CONSTRUCTIONS
11 KEGWORTH ROAD MELROSE PK SA 5039

ELLIS DISPLAYS P/L
29 CHAPEL ST NORWOOD SA 5067

EMANUEL JOINERY
2 VIRGINIA ROAD NEWTON SA 5074

EMANUELE D & SONS
2 VIRGINIA ROAD NEWTON SA 5074

ENBOM D J & V F
34 ELMORES RD KORUMBURRA VIC 3950

EREXEON PTY LTD
120 COCHRANES ROAD MOORABBIN VIC 3189

ERIC CLARKSON & COMPANY
T/A ECCO SHOPFITTING
270 FERNTREE GULLY ROAD
NOTTING HILL VIC 3168 [C No 24190 of 1999]

EURO SHOPFITTERS PTY LTD
1 LEEDHAM PLACE RIVERWOOD NSW 2210

EUROPEAN MARBLE CENTRE
LEVANSWELL ROAD MOORABBIN VIC 3189

EUROSTONE
12 CARSTEN ROAD GEPPS CROSS SA 5094

EUROSTONE
155 PAYNEHAM ROAD ST PETERS SA 5069

EXPRESS SIGNLAB
1174 OLD PORT RD ROYAL PK SA 5014

F HALLETT & SON P/L
280 MAHONEYS RD THOMASTOWN VIC 3074

FLEURIEU GLASS & GLAZING
64 MAIN STREET YANKALILLA SA 5203

FOCUS SHOPFITTERS PTY LTD
139 WINTON ROAD JOONDALUP WA 6027

FREELING SIGNS & DESIGNS
24 GRAY ST FREELING SA 5372

G & L JOINERY P/L
318 BOUNDARY RD BREAKWATER VIC 3219

G & M LITTLE
COOK ROAD BUNYIP VIC 3815

G & S GEAR
4 DENDLE ST GROVEDALE VIC 3216

G J HARRISON PTY LTD
77 MAIN RD CLAYTON VIC 3168

G.J.N. PTY LTD
202 COLCHESTER RD KILSYTH VIC 3137

G.M. INSTALLATIONS
8 GRENADA AVENUE INGLE FARM SA 5098

GAWLER CARPENTERS & JOINERS
4 TENTH ST GAWLER SA 5118

GEELONG GLASS & ALUMINIUM P/L
8 PARKINGTON ST GEELONG VIC 3220

GEO FERRIES & W T JONES & SON MEMORIALS
152 PARK ROAD MARYBOROUGH VIC 3465

GEPPS CROSS SIGNS
57 MIRA ST GEPPS CROSS SA 5094

GIOVANNI VERGA VIZZINI MEMORIALS PTY LTD
85 TRAWALLA AVE THOMASTOWN VIC 3074

GLADESVILLE JOINERY P/L
29 BUFFALO RD GLADESVILLE NSW 2111

GOLDEN GROVE GLAZING PTY LTD
6/12 MCGOWAN STREET POORAKA SA 5095

GORDON M F & CO PTY LTD
17 MOSS ROAD WINGFIELD SA 5013

GOULBURN VALLEY HEALTH
GRAHAM STREET SHEPPARTON VIC 3630

GRANDVIEW WINDOWS
LOT 8 GREENWITH ROAD GOLDEN GROVE SA 5125

GRAY W & CO PTY LTD
79 WHITMORE SQ ADELAIDE SA 5000

GREG WELLS ENTERPRISES PTY LTD
T/S BENTLEIGH SIGNS
9 KEMBLA STREET CHELTENHAM VIC 3192

GROEDEL KITCHENS PTY LTD
76-80 HELEN STREET SEFTON NSW 2162

GRUBER JOINERY
5 REGENT STREET MELROSE PK SA 5039

HMJ SHOPFITTING & STORE MAINTENANCE
14 MERCEDES DRIVE
THOMASTOWN VIC 3074 [C2001/3901]

H TROON PTY LTD
CRESWICK RD WENDOUREE VIC 3355

H W LANDELLS PTY LTD
27 RACECOURSE ROAD NORTH MELBOURNE VIC 3051

HACANSSON PTY LTD
T/A CABINET SHOPFITTERS
20 TEMPLE DRIVE THOMASTOWN VIC 3074

HALE BUILDING SEVICES
34 KOOLENA CRESCENT PARA SA 5115

HANLON WINDOWS AUSTRALIA P/L
41 BOLONG RD BOMADERRY NSW 2541

HANSEN & YUNCKEN P/L
360 RICHMOND ROAD NETLEY SA 5037

HARBACK JOINERY
1049 CAMBRIDGE ROAD CAMBRIDGE TAS 7170

HARKINS DENIS
67 FRANCIS ROAD WINGFIELD SA 5013

HARRIS SCARFE LTD
81 RUNDLE MALL ADELAIDE SA 5000

HARRISON C BUILDER
12 TENNYSON DRIVE BEAUMONT SA 5066

HARRYS KITCHEN CABINETS P/L
925 CANTERBURY ROAD LAKEMBA NSW 2195

HAUBER R
3 GOLDEN GLOW AVENUE UNDERDALE SA 5032

HAZLEWOOD JOINERY P/L
10 KIRWAN ROAD MORWELL VIC 3840 [C No 24190 of 1999]

HEATH SIGNS PTY LTD
85 GREEN STREET RICHMOND VIC 3121

HEIN M.S. & SONS PTY LTD
46 WEHL STREET MOUNT GAMBIER SA 5290

HENDERSON W.G.
249 SOUTH ROAD MILE END SA 5031

HENLEY JOINERY PTY LTD
60 MITTON AVENUE HENLEY BEACH SA 5022

HEPBURN SHOPFITTERS
18/5&6 SAMUEL STREET HACKHAM SA 5163

HICRETE PRE-CAST (SA) P/L
273 CORMACK ROAD WINGFIELD SA 5013

HIGGINS & COOPER P/L
T/A HIGGINS AND COOPER
13 MASON DRIVE BRAESIDE VIC 3195

HINDMARSH JOINERY WORKS
496 PORT ROAD WELLAND SA 5007

HI TECH FURNITURE PTY LTD
16 COMLEY STREET SUNSHINE NORTH VIC 3020 [C No 23769 of 2000]

HI-TEC WINDOWS PTY LTD
11 BINNEY RD KINGS PK NSW 2148

HODSON, FRANK
27 BRITTEN CRECENT MODBURY SA 5092

HORNSBY JOINERY
9 KELRAY PLACE ASQUITH NSW 2077

HOVIUS KITCHENS
15 ERSKINE ROAD TAREN PT NSW 2229

HOWARD QUARRIES PTY LTD
RADFORD ROAD ANGASTON SA 5353

I D JOINERY
14 SHEPHERD ST GLENROY VIC 3046

IDESTICORP PTY LTD
46 STEPHENSON STREET RICHMOND VIC 3121

INFINITY SIGNS
825 MAIN NORTH RD POORAKA SA 5095

INNER & EASTERN HEALTH CARE NETWORK
3/174 VICTORIA ST EAST MELBOURNE VIC 3002

INNOVATIVE WALLING
72 BROWN TERRACE SALISBURY SA 5108

INTERNATIONAL CERAMIC SUPPLIES PTY LTD
213 GLYNBURN RD FIRLE SA 5070

IS & JM DELVES P/L
578 HARGREAVES ST BENDIGO VIC 3550

ITALIAN MONUMENTAL ART
LOT 9/13 ANGLE VALE CRESCENT WATERLOO CORNER SA 5110

J & J JOINERY
17/350 SETTLEMENT RD THOMASTOWN VIC 3074

J & S MARTIN JOINERY
255 LEARMONTH ROAD WENDOUREE VIC 3355

J E N K SHOPFITTING SERVICES PTY LTD
2 LACHLAN ST MENTONE VIC 3194

J S & G ALUMINIUM PTY LTD
6/65 ELIZABETH ST WETHERILL PK NSW 2164

J. MAKSIMOVS BUILDER
40 BARRETT ROA CLAPHAM SA 5062

JAG SIGNS
43 PENRICE RD ANGASTON SA 5353

JAMES HARDIE BUILDING PRODUCTS
PO BOX 70 PARRAMATTA PRIVATE BOXES NSW 2124

JAMES HARDIE WINDOWS
15-17 INDAMA STREET REGENCY PK SA 5010

JAMES HARDIE WINDOWS
T/A TREND WINDOWS PTY LTD
44 MANDOON RD GIRRAWEEN NSW 2145

JAXELA PTY LTD
T/A CARINGBAH JOINERY
8 WILLARONG RD CARINGBAH NSW 2229

JENNINGS A.V.
62 THE PARADE NORWOOD SA 5067

JOHN GIBSON DISPLAYS
24 LONGSTAFF RD BAYSWATER VIC 3153

JOHN HOOD STAFF
5-7 CHARLTON AVE CHELTENHAM VIC 3192

JOHNMAR INTERIORS FIT OUT
79 SEAVIEW DRIVE HAPPY VALLEY SA 5159

JOHNSTON GLASS ART STUDIO P/L
80 BROWNES RD MOUNT GAMBIER SA 5290

JONES & SONS
57 GROVE AVENUE MARLESTON SA 5033

JONES W M THOS & SON
11 PIPER ST KYNETON VIC 3444

JOTTA ALUMINIUM SHOP FITTERS
2 HEARN ST MORTDALE NSW 2223

JOVIC JOINERY PTY LTD
23 GAREMA CIRCUIT KINGSGROVE NSW 2208

JRB SHOPFITTING PTY LTD
21 MACQUARIE DRIVE THOMASTOWN VIC 3074

JUNCKEN C O PTY LTD
12 GAWLER ST NURIOOTPA SA 5355

K & J MANUFACTURES
UNIT 5/91 RESEARCH RD POORAKA SA 5095

K P D PTY LTD
62 BLACKSHAW AVE MORTDALE NSW 2223

K.A. & R. JOINERY
26 JACOBSEN CRESCENT HOLDEN HILL SA 5088

KENLORE FURNITURE
5 COONGIE AVENUE EDWARDSTOWN SA 5039

KENNETT PTY LTD
47 TYNTE STREET NORTH ADELAIDE SA 5006

KERANG CUSTOM JOINERY
92A BENDIGO RD KERANG VIC 3579

KINGSTON CENTRE
WARRIGAL RD. CHELTENHAM VIC 3192

KINNEARS JOINERY
117 MULLERS ROAD HAMPSTEAD GARDENS SA 5086

KIRRAWEE KITCHENS PTY LTD
UNIT 6/152 GARNET RD KIRRAWEE NSW 2232

KITCHEN AID PTY LTD
12-14 NANCARROW AVE RYDE NSW 2112

KITECRAFT PTY LTD T/AS KITECRAFT BUILDERS
3 STANLEY STREET ESSENDON VIC 3040

KIWIC JOINERY
51A SOUTH ROAD WINGFIELD SA 5013

KLEINRAHN & WELS
12 RIVER STREET ST PETERS SA 5069

KNEBEL KITCHENS
20 BAKER ST BOTANY NSW 2019

KRUGER SIGNS PTY LTD
60A KING WILLIAM ST KENT TOWN SA 5067

L & F BOYER JOINERY
BAYNTON RD KYNETON VIC 3444

L B INTERIORS PTY LTD
UNIT 1/63 NORMAN ST PEAKHURST NSW 2210

L. & R. BATTISTA CO.
45-47 AUDREY AVENUE BLAIR ATHOL SA 5084

L.M. COATINGS
36 BAINBRIDGE CR CRAIGIEBURN VIC 3064

LAWLORS PTY LTD
6-10 HENLEY STREET MILE END SA 5031

LAYTON GRANITE INDUSTRIES P/L
36 MARKET ROAD SUNSHINE VIC 3020

LEAVERS & LAWRENCE PTY LTD
14 ARKLEY ST BANKSTOWN NSW 2200

LEE SHOPFITTER'S (VIC) PTY LTD
5 UNIVERSITY PLACE CLAYTON VIC 3168

LEEDA DEVELOPMENTS PTY LTD
FACTORY 2/28 LIPTON DRIVE THOMASTOWN VIC 3074

LEONGATHA KITCHENS & BUILDING SUPPLIES P/L
CNR TURNER & HUGHES STS LEONGATHA VIC 3953

LE-SAR P/L
33 HOLLOWAY DRIVE BAYSWATER VIC 3153

LIBIKAS C
15 FOREST AVE ROSTEVOR SA 5073

LIDDLE'S HARDWARE P/L
136 MCKENZIE ST WONTHAGGI VIC 3995

LINDSAY ALMOND GLASS & ALUMINIUM PTY LTD
UNIT 2/152 GARNET ROAD KIRRAWEE NSW 2232

LINKASPACE OFFICE SYSTEMS AUST PTY LTD
5/11 PONDEROSA PDE WARRIEWOOD NSW 2102

LINKER BROS JOINERY
10 BROOKLYN AVENUE SALISBURY SA 5108

LINRO JOINERY P/L
25 COWIE ST GEELONG NORTH VIC 3215

LRB MARBLE & GRANITE
45-47 AUDREY AVENUE BLAIR ATHOL SA 5084

M & A CLASSIQUE JOINERY P/L
10 BEATTY ST NORTH SHORE VIC 3214

M D'S SHOPFITTINGS &CARPENTRY
23 MINERVA CRESCENT MODBURY SA 5092

M E E JOINERY P/L
21 LAMBECK DRIVE TULLAMARINE VIC 3043

M IULIANO
19 MARWICK CRESCENT CAMPBELLTOWN SA 5074

M R H HOLDINGS PTY LTD
13/1625 MAIN ROAD RESEARCH VIC 3095

M R SHOPFITTERS PTY LTD
8 GABRIELLE COURT BAYSWATER VIC 3153

M S INTERIORS PTY LTD
183 SOUTH CREEK ROAD DEE WHY NSW 2099

MAGS INDUSTRIES
UNIT 3, 19-23 MOATE AVE BRIGHTON-LE-SANDS NSW 2216

MANGROVE PTY LTD
T/A AD SIGNS & CO
363B LYGON ST EAST BRUNSWICK VIC 3057

MARBLE & CEMENT WORK CO P/L
18 EAST STREET BROMPTON SA 5007

MARBLE & GRANITE MERCHANTS OF AUST PTY LTD
18 EAST STREET BROMPTON SA 5007

MARBLE CRUSHING CO PTY LTD
144 MOORING AVENUE NORTH PLYMPTON SA 5037

MARBLE FURNITURE PRODUCTS
27A CENTRAL AVENUE SUNSHINE VIC 3020

MARBLE HOUSE OF AUSTRALIA PTY LTD
80 RUNDLE STREET KENT TOWN SA 5067

MARKSON HOME IMPROVEMENTS
15 BARKER AVENUE TEA TREE GULLY SA 5091

MARSHALL & BROUGHAM PTY LTD
1 DEQUETTEVILLE TCE KENT TOWN SA 5067

MARTINS DESIGNER DOORS
447 JOSEPH ST BALLARAT VIC 3350

MATTHEWS JOINERY PTY LTD
11A WILTSHIRE LANE DELACOMBE VIC 3356

MATULICK RF & BJ
60 MORROW ROAD LONSDALE SA 5160

MAXIM MARBLE & GRANITE PTY LTD
17-21 KIRPA ROAD
MOORABBIN VIC 3189 [C No 21303 of 2000]
MCELDREW'S JOINERY
242 RING ROAD BALLARAT VIC 3350

MCFARLANE R.G.
9 PIGGOT RANGE ROAD CLARENDON SA 5157

MCINTOSH CONSTRUCTIONS P/L
17-19 MARSHALL ROAD KIRRAWEE NSW 2232

MCMILLAN CONTRACTING PTY LTD
503 SOUTH ROAD REGENCY PARK SA 5010

MCSWEEN B & M
T/A MARKS JOINERY
1 LONGMORE STREET CAMPERDOWN VIC 3260 [C No 23769 of 2000]

MELBOURNE STONE INDUSTRIES PTY LTD
T/AS CLASSIQUE STONE
7B AUDSLEY ST CLAYTON VIC 3168

MELOCCO PTY LTD
849 PRINCES HWY SPRINGVALE VIC 3171

MENZEL JOINERY
17 BRAESIDE AVENUE HOLDEN HILL SA 5171

MERIDIEN AUSTRALIA PTY LTD
T/A LE MERIDIEN MELBOURNE
495 COLLINS STREET MELBOURNE VIC 3000 [C No 24190 of 1999]

METRO JOINERY WORKS
2 KENNETH AVENUE UNDERDALE SA 5052

METRO PRODUCTS & CO PTY LTD
8 ANZED CRT MULGRAVE VIC 3170

METSYS PTY LTD T/A METSYS
51 HENDERSON ROAD ROWVILLE VIC 3178

MICO'S ALUMINIUM PTY LTD
39 RHODES ST HILLSDALE VIA MATRAVILLE NSW 2036

MIGLAS AUSTRALIA PTY LTD T/A MIGLAS JOINERY
26 LONGSTAFF ROAD BAYSWATER VIC 3153

MILLGROVE INSTALLATIONS
11 MILLGROVE WAY BERWICK VIC 3806

MINUZZO CONSTRUCTION PTY LTD
31 BARNES ROAD GLYNDE SA 5070

MODERN WINDOWS
160 EDWARD STREET CLARENCE GARDENS SA 5039

MORGAN DALE PTY LTD
T/A RC ALUMINIUM PRODUCTS
12 WHITESIDE ROAD
CLAYTON SOUTH VIC 3169 [C2001/3901]

MORWELL JOINERY WORKS
16 DAVEY ST MORWELL VIC 3840

MOSSOP GROUP PTY LTD
18 KATEENA STREET REGENCY PK SA 5010

MOTHERS ART PRODUCTIONS P/L
7 RALEIGH STREET SPOTSWOOD VIC 3015

MOTIF DISPLAYS
UNIT 2
1 LINDFIELD AVE EDWARDSTOWN SA 5039

MOUNT BARKER JOINERY
68 OSBORN ROAD MOUNT BARKER SA 5251

MOUNT GLASS & GLAZING PTY LTD
14 TANDARA STREET MOUNT GAMBIER SA 5290

MOYLE R.G. & CO
17 CHELTENHAM PARAGE CHELTENHAM SA 5014

MULTI WALL PTY LTD
24 BOURKE ROAD ALEXANDRIA NSW 2015

MURCHIE CONSTRUCTIONS PTY LTD
35 ENTERPRISE ST BUNDABERG QLD 4670

NATAL KITCHENS PTY LTD
UNIT 5, 24 BURROWS ROAD ALEXANDRIA NSW 2015

NATIONAL TERRAZZO & CEMENTWORKS PTY LTD
136 MOORINGE AVE NORTH PLYMPTON SA 5037

NAUS DOOR MAKERS
13 WHYALLA STREET WILLETTON WA 6155

NEON PLASTIC CO PTY LTD
UNIT 3, 6 MCGOWAN ST POORAKA SA 5095

NEW AGE JOINERY PTY LTD
18-20 RICHARD STREET HINDMARSH SA 5007

NEW MILLENNIUM MARBLE AND GRANITE PTY LTD
1/6 CHARNFIELD COURT THOMASTOWN VIC 3074

NEWGROVE JOINERY
68 LEATHER ST BREAKWATER VIC 3219

NICHOLAS SIGNS
43 OAKLANDS RD SOMERTON PK SA 5044

NOEL & DALE ROBERTSON
140 FYANS ST GEELONG SOUTH VIC 3220

NORFORD INDUSTRIES PTY LTD
UNIT 6/707 FOREST ROAD PEAKHURST NSW 2210

NORM SAGE SIGNS PTY LTD
52 COMMERCIAL ROAD MORWELL VIC 3840

NORMCO HOME IMPROVEMENTS PTY LTD
MORAN STREET WHYALLA NORRIE SA 5608

NORSKA HOME PRODUCTS
128-146 QUEEN ST ALEXANDRIA NSW 2015

NORTH FAWKNER JOINERY PTY LTD
21 LEO STREET
FAWKNER VIC 3060 [C2001/3901]

NORTH SIDE ALUMINIUM
20 DUBLIN ROAD MALLALA SA 5502

NORTH WESTERN HEALTH CARE NETWORK
10 FLOOR, CONNIBERE BUILDING PARKVILLE VIC 3052

NORTHAM JOINERY & CABINETWORKS
408 FITZGERALD STREET NORTHAM WA 6401

NORTHERN HEALTH SERVICE
C/- BUNDOORA EXTENDED CARE SERVICE BUNDOORA VIC 3083

NORTHEY BROS
21 STEWART ST HENLEY BEACH SA 5022

NORTHSIDE KITCHENS
21 DALE ST BROOKVALE NSW 2100

NORTON BM & RJ
3 MILTON AVE FULHAM GARDENS SA 5024

NORTON BROS
3 MILTON AVENUE NAILSWORTH SA 5083

NOZZA F
32 KINTYRE ROAD WOODFORDE SA 5072

NU LITE WINDOWS (VIC) PTY LTD
8 BUNGALEEN CRT DANDENONG VIC 3175

ODLIN INTERNATIONAL P/L
56-58 ELIZABETH ST WETHERILL PARK NSW 2164

OFFICE OF HOUSING VICTORIA
8/555 COLLINS STREET MELBOURNE VIC 3000

OLD NOARLUNGA JOINERY
30 ELIZABETH STREET SEAFORD SA 5169

O'LOUGHLIN L PTY LTD
18 AMELIA ST PORT PIRIE SA 5540

OLYMPUS MARBLE
141 NORTHERN RD WEST HEIDELBERG VIC 3081

ORANA JOINERY PTY LTD
9 EDINA ROAD
FERNTREE GULLY VIC 3156 [C No 21303 of 2000]

ORY CONSTRUCTIONS PTY LTD
UNIT 1, 440 KENSINGTON ROAD WATTLE PK SA 5066

O'SHEA G & L MANAGMENT P/L
T/A INLINE INTERIORS
PO BOX 440 BALGOWLAH NSW 2093

OTTO & CO PTY LTD
5 ANN STREET STEPNEY SA 5069

OUTDOOR ELEMENTS PTY LTD
23 FINCHAVREN STREET HERNE HILL VIC 3218

P J DOOR CENTRE
4 LURLINE AVE GILLES PLAINS SA 5086

P J R TIMBER INDUSTRIES
7 QUEEN ST PETERSHAM NSW 2049

P.F.C. UNITED SHOPFITTING
18 HUXLEY ST WEST RYDE NSW 2114

P.F.C. UNITED SHOPFITTING
48 NEVIN DRIVE THOMASTOWN VIC 3074

PA & GA NIJENHUIS
YALLOURN NORTH ROAD TYERS VIC 3844
PACELLA C & L & SON JOINERY
4 LURLINE AVE GILLES PLAINS SA 5086

PACIFIC ALUMINIUM SHOPFITTERSPTY LTD
340 JOHNSTON ST ABBOTSFORD VIC 3067

PACIFIC JOINERY CO
25 DICKSON AVE ARTARMON NSW 2064

PADBURY WOODS P/L
2/17 STATION ST DANDENONG VIC 3175

PAGO KITCHENS & CABINETS
12 MONRO AVE KIRRAWEE NSW 2232

PALYARIS E & M P/L
16 BALMORAL ROAD AULDANA SA 5072

PANCZAK & WILLENBERG PTY LTD
51 WOODFORDE RD MAGILL SA 5072

PARAFIELD ALUMINIUM WINDOWS& DOORS
1187 MAIN NORTH ROAD POORAKA SA 5095

PARINGA CONSTRUCTION LTD JOINERY WORKS
63-66 OAKLANDS RD SOMERTON PARK SA 5044

PARTON'S JOINERY
12 DERBY CRES CAULFIELD VIC 3162

PATRON WINDOWS PTY LTD
36 NICOLE WAY DANDENONG VIC 3175

PEAK JOINERY PTY LTD
6 CRESWELL RD LARGS BAY SA 5016

PENINSULA HEALTHCARE NETWORK
P O BOX 52 FRANKSTON VIC 3199

PENINSULA STAIRS
16D BALDWIN ST FRANKSTON VIC 3199

PERFECTION JOINERY PTY LTD
34 CARRINGTON RD GUILDFORD NSW 2161

PERRY ENGINEERING
RAILWAY TCE MILE END SOUTH SA 5031

PERT & RYAN PTY LTD
67 PARRAWEENA RD TAREN PT NSW 2229

PETALIK BUILDERS LTD
604 GLYNBURN ROAD BEAUMONT SA 5066

PETER RICHARDS JOINERY
4 NORMA AVE RIDGEHAVEN SA 5097

PHELAN D SHOPFITTING
9 LILLY PILLY LANE KILSYTH VIC 3137

PIKE CONSTRUCTIONS PTY LTD
37 SOUTH ROAD THEBARTON SA 5031

PINTO J & T
13 TATURA CRESCENT FULHAM GARDENS SA 5024

PORSS K BUILDING CONTRACTOR
26 JUDITH STREET HOLDEN HILL SA 5088

PORTLITE WINDOWS & PORT SCREEN
31 LIDDON PLACE PORT ADELAIDE SA 5015

PREMIER GRAPHICS PTY LTD
27 TOWER COURT NOBLE PK VIC 3174

PRESTIGE DISPLAY
424 CHURCHILL RD KILBURN SA 5084

PRESTIGE SHOPFITTING & CONSTRUCTIONS
100 DAWS ROAD EDWARDSTOWN SA 5039

PRIMA FURNITURE PTY LTD
87 ALLINGHAM ST CONDELL PK NSW 2200

PRITCHARD N E
6 HEATH STREET LONSDALE SA 5160

PURVIS & CO
LOT 3 INVERLOCH ROAD WONTHAGGI VIC 3995

QUADRIC INTERIOR (NSW) PTY LTD
8 CARRINGTON ROAD MARRICKVILLE NSW 2204

QUALITY KITCHENS PTY LTD
6 WATSON RD PADSTOW NSW 2211

QUALITY VALUE SHOPFITTERS
36 FRANKLIN STREET ADELAIDE SA 5000

R & J PAYNE TIMBER PRODUCT
7C ELLIOT PL RINGWOOD VIC 3134

R A MASON
312 DOVETON ST BALLARAT VIC 3350

R G & H COX JOINERY
35 WATTLEPARK AVE MOOLAP VIC 3221

R K JOINERY & FURNITURE (S.A.) PTY LTD
7 MAXWELL ROAD POORAKA SA 5095

R.J.S. PROJECTS LTD
12 CENTRE RD HALLAM VIC 3803

R.M. PATTERSON CONTRACTOR
ELIZABETH STREET KINGSCOTE K.I. SA 5223

RAECO INTERNATIONAL PTY LTD
75 RUSHDALE ST SCORESBY VIC 3179

RAFAEL QUALITY CABINETS P/L
FACTORY 3 QUINN STREET PRESTON VIC 3072

RANDLE G.C.
24 STRATHMORE AVE TRANMERE SA 5073

REALISTIC KITCHENS & FURNITURE
REAR 67 MARS RD LANE COVE NSW 2066

RECPOWER PTY LTD
10 CANTALA STREET PASCOE VALE VIC 3044

REDFERN JOINERY
718 EUREKA ST BALLARAT VIC 3350

REEDY'S JOINERY & HARDWARE SUPPLIES
207 CHURCHILL ROAD PROSPECT SA 5082

REGAL DISPLAY PTY LTD
9 COONGIE AVE EDWARDSTOWN SA 5039

RESERVOIR JOINERY FITTINGS
2 MOBIUS CRESCENT GOLDEN GROVE SA 5125

RESIDAIR HOMES
166 WATERLOO DEPOT RD MOE VIC 3825

RHINO SIGNMAKERS PTY LTD
47 MORELAND STREET FOOTSCRAY VIC 3011

RIDGEHAVEN JOINERY
UNIT F, 146 SMART ROAD ST AGNES SA 5097

RIPPIN G H
614 HENLEY BEACH ROAD FULHAM SA 5024

ROLLERN PTY LTD
16 RONALD CRES MARINO SA 5049

ROSEVILLE JOINERY P/L
23 CHAPEL ST MARRICKVILLE NSW 2204

ROWE ALUMINIUM & SECURITY
44-48 PRINCES HIGHWAY MURRAY BRIDGE SA 5253

ROYAL AGRICULTURAL AND HORTICULTURAL SOCIETY OF S.A.
SHOW GROUNDS WAYVILLE SA 5034

ROYAL MELBOURNE HOSPITAL ESSENDON CAMPUS
CHESTER STREET MOONEE PONDS VIC 3039

RUSSELL SIGNS
171 WEST TCE ADELAIDE SA 5000

RYDE JOINERY PTY LTD
2 BELMORE RD PUNCHBOWL NSW 2196

RYLOCK WINDOWS PTY LTD
322 GRANGE ROAD KIDMAN PK SA 5025

S C SMITH P/L
56 DARLING ST MOONEE PONDS VIC 3039

S FILIPEK SHOPFITTING & CABINETS
1295 MALVERN RD MALVERN VIC 3144

S.A. ALUMINIUM WINDOWS & DOORS
17 MURRAY STREET ALBERT PK SA 5014

S A PRECAST PTY LTD
72-74 DAYS ROAD
CROYDON PARK SA 5008 [C No 24190 of 1999]

S.A. SOLID SURFACE FABRICATORS
13 ROXBURGH AVENUE LONSDALE SA 5160

SAFARI BANNER PTY LTD
T/AS T HARVEY STONEMASONS
24 ELIZABETH STREET OAKLEIGH VIC 3166

SAFETYMAN PTY LTD
70 THIRD AVE ST PETERS SA 5069

SANDOWN CONSTRUCTIONS
6 WALKER ST BRAESIDE VIC 3195

SASHLESS WINDOWS DAYVIEW
23 PORTRUSH ROAD PAYNEHAM SA 5070

SAUNA & STEAM AUSTRALIA P/L
6 OLIVE GROVE RINGWOOD VIC 3134

SCARCE T.C.
98 CAULFIELD AVE CLARENCE GARDENS SA 5039

SCENIC WINDOWS (VIC) PTY LTD
42 NISSAN DRIVE DANDENONG VIC 3175

SCHOTS RESTORATION & EMPORIUM
400 HODDLE STREET
CLIFTON HILL VIC 3068 [C No 24190 of 1999]

SCOTT SIGNAGE
93-97 NORMANBY RD NOTTING HILL VIC 3168

SCOTTS KITCHENS PTY LTD
7 CAPTAIN COOK DRIVE CARINGBAH NSW 2229

SEALIKE WINDOWS AND DOORS
CNR GREEN'S RD & LANYON STREET DANDENONG VIC 3175

SEAVIEW JOINERY
17 WHITES ROAD GEPPS CROSS SA 5094

SECURITY HOUSE MANUFACTURERS
36 KESTERS ROAD PARA HILLS SA 5096

SEELITE WINDOWS & DOORS PTY LTD
CNR GREENS RD & LANYON ST DANDENONG VIC 3175

SELECT DETAIL FURNITURE &JOINERY
27 MACAULEY ST WILLIAMSTOWN VIC 3016

SHELTON BUILDING CO
MOORE ROAD NORTON SUMMIT SA 5136

SHOPFITTING INDUSTRIES PTY LTD
12 REGENT STREET MELROSE PK SA 5039

SHUGG SASHLESS WINDOWS
23 PORTRUSH ROAD PAYNEHAM SA 5070

SIGNHOUSE PTY LTD
8 ASSEMBLY DRV TULLAMARINE VIC 3045 [C No 23769 of 2000]

SIGN ILLUSIONS
SHED 2 100 ELEANOR TCE MURRAY BRIDGE SA 5253

SIGNATURE CORPORATION PTY LTD
23 DE HAVILLAND RD MORDIALLOC VIC 3195

SIGNCRAFT PTY LTD
600 PORT RD ALLENBY GARDENS SA 5009

SIGNFX SIGNS & T-SHIRTS
14 TYLER ST PORT LINCOLN SA 5606

SIGNHOUSE PTY LTD
8 ASSEMBLY DRIVE TULLAMARINE VIC 3043

SIGNIVERSAL SIGNMAKER'S
FACTORY 10
57-59 MELVERTON DR HALLAM VIC 3803

SIGNLANGUAGE PTY LTD
73 GRANGE RD WELLAND SA 5007

SIGNS EXTRA PTY LTD
12 HALBERT ROAD BAYSWATER VIC 3153

SIGNS INCORPORATED
250 PROSPECT RD PROSPECT SA 5082

SILVI JOINERY & CABINETS P/L
7 RODNEY RD GEELONG NORTH VIC 3215

SIM SIGNS PTY LTD
6 VELLA CT FERNTREE GULLY VIC 3156

SKILLED KITCHENS & CABINETS
2 SHORT STREET GLEN WAVERLEY VIC 3150

SOUTH COAST SHOPFITTERS P/L
30 GURNERS LANE LONSDALE SA 5160

SOUTHERN HEALTH CARE NETWORK
246 CLAYTON RD CLAYTON VIC 3168

SOUTHERN JOINERY (REYNELLA) PTY LTD
3 PIPING LANE LONSDALE SA 5160

SPECTRUM SIGNS
13 LOWE ST THEBARTON SA 5031

SPEEDWALL (VICTORIA) P/L
146 COLCHESTER ROAD KILSYTH VIC 3137

SPRIGG SHOPFITTERS
7 ACORN RAOD CAMDEN PARK SA 5038

STAG SHOPFITTINGS
238 CANTERBURY ROAD BAYSWATER VIC 3153

STAN BODIE ALUMINIUM WINDOWS& DOORS
9A ELIZABETH STREET WALLAROO SA 5556

STATE OF VIC, HER MAJESTY THE QUEEN IN THE RIGHT OF,
C/- VIC GOVNMENT SOLICITOR,
55 ST ANDREWS PL MELBOURNE EAST VIC 3002

STATE SIGNS PTY. LTD
245A HENLEY BEACH RD. TORRENSVILLE SA 5031

STEELMARK-EAGLE & GLOBE
301 GRAND JUNCTION ROAD OTTOWAY SA 5013

STEGBAR PTY LTD
20-24 WILLIAMS COURT POORAKA SA 5095

STELZER DJ
21 SANDALWOOD DRIVE ST AGNES SA 5097

STEVE WILLIAMS JOINERY
20 MIDLANDS HIGHWAY BRIGHTON TAS 7030

STEVENAGE KITCHENS & JOINERY PTY LTD
30 BEVERIN ST BALLARAT VIC 3350

STEVE'S SCREENS
119 MAY TERRACE OTTOWAY SA 5013

STEVLYN CONSTRUCTIONS PTY LTD
15A GLENDALE AVENUE FLAGSTAFF HILL SA 5159

STONE GALLERY
130 BELAIR ROAD HAWTHORN SA 5062

STONE MANUFACTURERS INTERNATIONAL PTY LTD
20 TAUNTON DRIVE CHELTENHAM VIC 3192

STUDFORM
2 MONS AVENUE EDWARDSTOWN SA 5039

STYLE LAMINATIONS PTY LTD
UNIT 16, 30 HEATHCOTE ROAD MOOREBANK NSW 2170

SUPREME ALUMINIUM WINDOWS PTY LTD
UNIT 2, 64 HEATHCOTE RD MOOREBANK NSW 2170

SUTHERLAND SHOPFITTERS & CABINETS
125 WILSON STREET ROYAL PK SA 5014

SYMMONDS ENTERPRISES PTY LTD
74 OAKRIDGE ROAD ABERFOYLE PK SA 5159

T J & H AGENCIES PTY LTD
36 WEST THEBARTON ROAD THEBARTON SA 5031

T.C. ALUMINIUM PTY LTD
4/1 REGINA COURT BEVERLEY SA 5009

TAILORED KITCHENS & BATHROOMS PTY LTD
89 BOUNDARY ROAD PEAKHURST NSW 2210

TASKER JOINERY PTY LTD
36 ALEXANDER AVE TAREN PT NSW 2229

TAVERSON PTY LTD
38 SIR JOSEPH BANKS ST BOTANY NSW 2019

TECHNO SIGN PTY LTD
3 CASCO PLACE DINGLEY VIC 3172

TEVEN NOMINEES T/A M & D EXCAVATIONS
11 NORTHGATE WAY LANGWARRIN VIC 3910

THE PRECAST COMPANY PTY LTD
7 FOWLER ROAD DANDENONG VIC 3175

THE RESTORATION CENTRE
267 CLEVELAND ST REDFERN NSW 2016

THE TRUSS PLANT PTY LTD
141 NORTHBOURNE ROAD CAMPBELLFIELD VIC 3061

THE WINDOW MAN
1/19 ROSBERG ROAD WINGFIELD SA 5013

THE WOODWORKS
6 DENIS STRET ST MARYS SA 5042

THEXTON'S JOINERY & FLOOR SURFACING
14 DARLING ST SALE VIC 3850

THREE A JOINERY
2 MEREDITH ST NEWTON SA 5074

TIANA JOINERY PTY LTD
SNELLING ROAD HANHDORF SA 5245

TILT UP CONSTRUCTIONS
6 BELMONT PLACE BANKSIA PK SA 5091

TIMBERCRAFT PTY LTD
513 GRAND JUNCTION RD WINGFIELD SA 5013

TIM'S JOINERY
2/16B REGENCY ROAD KILKENNY SA 5009

TOUCH DOWN HOLDINGS(AUST) PTY LTD
33 STEWART STREET RICHMOND VIC 3121

TOWNSEND JOINERY P/L
323 LAL LAL ST BALLARAT VIC 3350

TRINEON SIGNS PTY LTD
1/33 LASER DRIVE ROWVILLE VIC 3178

ULTRABUILD JOINERY PTY LTD
2 TARNARD DRIVE BRAESIDE VIC 3195

UNDERGROUND DESIGNS
2A/34 ADAM ST HINDMARSH SA 5007

UNITED HOLDING PTY LTD
PFC UNITED SHOPFITTING
48 NEVIN DRIVE THOMASTOWN VIC 3074

UNITED KITCHENS CO PTY LTD
66A ARUNDEL ST GLEBE NSW 2037

UNIVERSAL ALUMINIUM PTY LTD
14 SUNBEAM AVE GLYNDE SA 5070

URI SHOPFITTING
SUIT 18, 8 GREENHILL ROAD WAYVILLE SA 5034

VALLEY CABINETS PTY LTD
9 THERNS ROAD WATTLE GLEN VIC 3096

VENNING RJ BUILDER
MURRAYVILLE ROAD PINNAROO SA 5304

VICTOR GLASS & GLAZING PTY LTD
6 COMMERCE CRESCENT VICTOR HARBOR SA 5211

VICTORIA RACING CLUB
400 EPSOM ROAD FLEMINGTON VIC 3031

VIDETT PTY LTD
T/A NICOL BUILDING SERVICES
8/215 WATTON ST WERRIBEE VIC 3030
VIVID DISPLAYS
2 AUSTRAL TCE MALVERN SA 5061

VIZZINI MEMORIALS
85 TRAWALLA AVE THOMASTOWN VIC 3074

WAGNER SHOPFITTERS & BUILDING SERVICES
6 KITAWAK STREET LONSDALE SA 5160

WAITES ROBSON STONEMASONS
2 MAIN STREET STAWELL VIC 3380

WALLING SYSTEMS PTY LTD
MIRROOLOO ROAD MOUNT MCKENZIE SA 5353

WALLIS COMMERCIAL INTERIORS (AUST) PTY LTD
32 WATSON ROAD PADSTOW NSW 2211

WARBURTON BUILDERS
6 WALSH ST ST MARYS SA 5042

WEBBER D.R. PTY LTD
116 MORPHETT RD GLENGOWRIE SA 5044

WEEPERS ALAN R AND SHOPFITTING INDUSTRIES PTY LTD
12 REGENT STREET MELROSE PK SA 5039

WEIR S.J. P/L.
28 DUNORLAN RD EDWARDSTOWN SA 5039

WENHAM D.L.
20 DE LAINE AVE EDWARDSTOWN SA 5039

WESTFIELD LTD
1239 NEPEAN HWY CHELTENHAM VIC 3192

WESTPAC BANKING CORPORATION
2-8 KING WILLIAM ST ADELAIDE SA 5000

WESTSIDE JOINERY P/L
27-29 WESTERN AVE SUNSHINE VIC 3020

WHEELERS QUALITY CABINETS
1/30 PEEL ST ELTHAM VIC 3095

WHYTEHALL SERVICES PTY LTD
38 RENVER ROAD CLAYTON VIC 3168

WILSON MEMORIALS
814 LATROBE STREET BALLARAT VIC 3350

WIMMERA HEALTH CARE GROUP
BAILLIE STREET HORSHAM VIC 3400

WINDOW MAN THE
8-12 NIXON ROAD WINGFIELD SA 5013

WINKLE SHOPFITTERS PTY LTD
14 DELORAINE ROAD EDWARDSTOWN SA 5039

WONDERFUL KITCHENS PTY LTD
127 FAIRFORD ROAD PADSTOW NSW 2211

WONGA PARK JOINERY
25 YARRA RD WONGA PK VIC 3115

WOOD 'N' STAMP SHOPFITTERS
40 BALLANTYNE STREET THEBARTON SA 5031

WOODY’S RENOVATIONS AND CABINET MAKING
5 SHERIFF ROAD
EMERALD VIC 3782 [C2001/6146]

WUNDA JOINERY
2 WAVERLEY AVE EDWARDSTOWN SA 5039

YARRA VALLEY SHOPFITTERS
81-88 CANTERBURY RD KILSYTH VIC 3137

ZEV PTY LTD
2 BURNELL DRIVE BELAIR SA 5052
[Roping-in award No.1 of 2004 inserted by PR945887 from 04May04]

1 - TITLE


This Award shall be known as the National Joinery and Building Trades Products (Roping-In No.1) Award 2004.

2 - PARTIES AND PERSONS BOUND


This Award shall be binding upon:

(a) the Construction, Forestry, Mining and Energy Union and its members; and

(b) the employers listed in Schedule A.

3 - APPLICATION


Subject to that which is otherwise provided in this award, the provisions of the National Joinery and Building Trades Products Award 2002 as varied from time to time shall apply to and be binding on the parties to this award.

4 - OPERATION AND DURATION


This award shall come into force on and from 4 May 2004 and shall remain in force for a period of twelve months.

SCHEDULE A

Westcoast Windows Pty Ltd

20-22 Lambert Avenue
Newtown
Victoria 3220

Mirage Industries Pty Ltd
8 Walker Street
Braeside
Victoria 3195

Australian Corporate Signage Pty Ltd
11 Leah Grove
Carrum Downs
Victoria 3201

Neon Wholesale Pty Ltd
Factory 1, 64-66 McArthurs Road
North Altona
Victoria 3025

DECLARATION


[Common rule declared by PR954154 from 01Jan05]

Further to the decision issued by the Commission on 10 December 2004 [PR954142] and pursuant to ss. 141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission makes the following declaration for a common rule award:

1. In this Declaration:

1.1 the award means the National Joinery and Building Trades Products Award 2002, as varied from time to time;

1.2 employees means employees in the industry who perform work of a kind that is covered by the award;

1.3 employers means employers who employ employees;

1.4 the industry means the employment of persons engaged on any of the following:

1.4.1 joinery work

1.4.2 shopfitting;

1.4.3 maintenance;

1.4.4 prefabricated buildings;

1.4.5 stonemasonry;

1.4.6 shop work painting;

1.4.7 shop work signwriting;

1.4.8 work in a mixed industry; or

1.4.9 construction work, other than work covered by the National Building and Construction Industry Victorian Common Rule Declaration.


2. That save for and subject to the matters referred to in clauses 4 to 8 below, the whole of the terms of the award, as varied from time to time, except those specified in clause 3 below, shall be:

2.1 a common rule for the industry in Victoria and known as the National Joinery and Building Trades Products Victorian Common Rule Declaration 2005;

2.2 binding on all employers in respect of the employment by them of employees;

2.3 binding on all employees; and

2.4 binding on the Construction, Forestry, Mining and Energy Union, the Australian Workers’ Union (to the extent of its capacity to represent employees in the classifications contained in this award) and the registered organisations respondent to the award.


3. The following clauses of the award are not included in the National Joinery and Building Trades Products Victorian Common Rule Declaration 2005:

3.1 clause 5 - Commencement date and period of operation;

3.2 clause 6 - Coverage of award;

3.3 clause 7 - Parties bound insofar as it refers to employers bound by the award; and

3.4 clause 36.1 - Melocco Limited, Springvale.


4. The National Joinery and Building Trades Products Victorian Common Rule Declaration 2005 shall not apply to:

4.1 Employers respondent to the Timber and Allied Industries Award 1999 [AW800937] other than to the extent to which the National Joinery and Building Trades Products Award 1993, and all roping-in awards made pursuant to that award, applied prior to the making of the National Joinery and Building Trades Products Award 2002.


5. Subject to 5.1 to 5.4 below, all provisions in the National Joinery and Building Trades Products Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.

5.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January 2005 attract leave loading.

5.2 With respect to redundancy payments, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating service. [Note: the agreement in respect of this issue is without prejudice to the position a party may put in roping-in proceedings.]

5.3 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004.

5.4 The wages clauses (including all allowances and penalty payments) are to commence operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the wages clauses commence operation no later than 5 January 2005.


6. The National Joinery and Building Trades Products Victorian Common Rule Declaration 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award.

7. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 to provide support for that person. [See Note 1 below]

8. An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration, prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 2 below].

9. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits provided under a contract of employment made prior to the date of this declaration against entitlements and benefits required to be provided under the National Joinery and Building Trades Products Victorian Common Rule Declaration 2005, the matter may be referred to a Board of Reference, consisting of a member of the Commission, which shall determine whether or not such a set-off should be permitted having regard to what is fair and equitable in all the circumstances of the case, without regard to technicalities and legal forms.

9.1 An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.

9.2 This clause shall apply for a period of twelve months from the commencement date of the National Joinery and Building Trades Products Victorian Common Rule Declaration 2005.

9.3 Any registered organisation bound by the terms of the National Joinery and Building Trades Products Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation to any application made pursuant to this provision.


10. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of leave including sick leave, annual leave, long service leave or parental leave to which employees or any of them have become entitled by accrual or otherwise prior to the commencement date in clause 11 below.

11. This declaration shall be an award of the Commission, shall come into force on 1 January 2005 and shall remain in force for a period of three months and thereafter in accordance with the Act. [See Note 3 below].

Note 1

  1. Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

  1. The intention of this provision is limited to preventing the award from applying to sheltered workshops (i.e. supported employment services) - it does not prevent the award from applying to employees with disabilities in open employment; and

  1. Leave is reserved for any party to have this issue reconsidered in the light of any developments in the national process which is currently considering workplace relations issues for sheltered workshops. This national process includes the Disability Sector National Industry Consultative Council and any related applications that seek award coverage for sheltered workshops.


Note 2

  1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at the date of effect of the common rule declaration, are making superannuation contributions into a complying superannuation fund. These employers will not be required to change their existing arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an agreement between the employer and employees. For the avoidance of doubt, the exception continues to apply to employers who are making superannuation contributions to complying superannuation funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which benefits are transferred, after the date of effect of the common rule declaration, in accordance with the Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further, “existing arrangements” includes the making of contributions to such funds.

  1. The exception is in respect of current and future employees of the employers who are entitled to the benefit of the exemption.

  1. The exception does not apply to new businesses which are established after the date on which the award is declared to have effect as a common rule.

  1. The exception only applies to employers who are required to apply the terms of the award by virtue of the Common Rule declaration. It does not apply to employers who are named respondents to the award or who are parties bound by virtue of the membership of an employer organisation.

  1. The exception applies subject to any Commonwealth legislation to the contrary.


Note 3

  1. Subject to section 113 of the Workplace Relations Act 1996 and any order of the Commission, an award dealing with particular matters continues in force until a new award is made dealing with the same matters (see s.148 of the Workplace Relations Act 1996).


** end of text **

About this document
(1)
Code:
AP817265
Title:
National Joinery and Building Trades Products Award 2002
Effective:
27 Mar 2006
Instrument Type:
Pre-reform Award
States:
NSW
QLD
TAS
VIC
SA
WA
(5)
National Joinery and Building Trades Products Award 2002
National Joinery and Building Trades Products Award 2002
National Joinery and Building Trades Products Award 2002
National Joinery and Building Trades Products Award 2002
National Joinery and Building Trades Products Award 2002
National Joinery and Building Trades Products Award 2002
(1)
30 Jun 2009
1.0.11.0 SC