Table of Contents - MA000020 Building and Construction General On-site Award 2010

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Daily hire employees

12. Full-time weekly hire employment

13. Part-time weekly hire employment

14. Casual employment

15. Apprentices

16. Termination of employment

17. Industry specific redundancy scheme

Part 4—Classifications and Minimum Wage Rates

18. Classifications

19. Minimum wages

20. Expense related allowances

21. Industry allowances

22. Other allowances

23. Inclement weather

24. Living away from home—distant work

25. Travelling time entitlements

26. District allowances

27. Accident pay

28. National training wage

29. School-based apprenticeship

30. Higher duties

31. Payment of wages

32. Superannuation

Part 5—Hours of Work and Related Matters

33. Ordinary hours of work

34. Shiftwork

35. Meal breaks

36. Overtime

37. Penalty rates

37A. Requests for flexible working arrangements

Part 6—Leave and Public Holidays

38. Annual leave

39. Personal/carer’s leave and compassionate leave

40. Community service leave

41. Public holidays

41A. Leave to deal with Family and Domestic Violence

Part 7—Industry Specific Provisions

42. Lift industry

43. Forepersons and supervisors

SCHEDULE A—TRANSITIONAL PROVISIONS
SCHEDULE B—CLASSIFICATION DEFINITIONS
SCHEDULE C—NATIONAL TRAINING WAGE
APPENDIX C1:ALLOCATION OF TRAINEESHIPS TO WAGE LEVELS
SCHEDULE D—SCHOOL-BASED APPRENTICES
SCHEDULE E—PART-DAY PUBLIC HOLIDAYS
SCHEDULE F—AGREEMENT TO TAKE ANNUAL LEAVE IN ADVANCE
SCHEDULE G—AGREEMENT TO CASH OUT ANNUAL LEAVE
SCHEDULE H—AGREEMENT FOR TIME OFF INSTEAD OF PAYMENT FOR OVERTIME
SCHEDULE X—ADDITIONAL MEASURES DURING THE COVID-19 PANDEMIC
Building and Construction General On-site Award 2010

Building and Construction General On-site Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 31 October 2020 (PR718837,PR718992,PR724130).

Clause(s) affected by the most recent variation(s):

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/260;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8;AM2016/15;AM2016/17;AM2016/23

Table of Contents

[Varied by PR988410,PR994519,PR532628,PR544519,PR546288,PR557581,PR573679,PR609337,PR701414,PR711485,PR715725,PR721490]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Daily hire employees

12. Full-time weekly hire employment

13. Part-time weekly hire employment

14. Casual employment

15. Apprentices

16. Termination of employment

17. Industry specific redundancy scheme

Part 4—Classifications and Minimum Wage Rates

18. Classifications

19. Minimum wages

20. Expense related allowances

21. Industry allowances

22. Other allowances

23. Inclement weather

24. Living away from home—distant work

25. Travelling time entitlements

26. District allowances

27. Accident pay

28. National training wage

29. School-based apprenticeship

30. Higher duties

31. Payment of wages

32. Superannuation

Part 5—Hours of Work and Related Matters

33. Ordinary hours of work

34. Shiftwork

35. Meal breaks

36. Overtime

37. Penalty rates

37A. Requests for flexible working arrangements

Part 6—Leave and Public Holidays

38. Annual leave

39. Personal/carer’s leave and compassionate leave

40. Community service leave

41. Public holidays

41A. Leave to deal with Family and Domestic Violence

Part 7—Industry Specific Provisions

42. Lift industry

43. Forepersons and supervisors

Schedule A—Transitional Provisions

Schedule B—Classification Definitions

Schedule C—National Training Wage

Appendix C1:Allocation of Traineeships to Wage Levels

Schedule D—School-based Apprentices

Schedule E—Part-day Public Holidays

Schedule F—Agreement to Take Annual Leave in Advance

Schedule G—Agreement to Cash Out Annual Leave

Schedule H—Agreement for Time Off Instead of Payment for Overtime

Schedule X—Additional Measures During the COVID-19 Pandemic

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

1. Title

This award is the Building and Construction General On-site Award 2010.

2. Commencement and transitional

[Varied by PR988410,PR542140]

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

      ●minimum wages and piecework rates

      ●casual or part-time loadings

      ●Saturday,Sunday,public holiday,evening or other penalties

      ●shift allowances/penalties.

[2.4 varied by PR542140 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542140 ppc 04Dec13]

2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.

[2.6 varied by PR542140 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

      (a) on its own initiative;or

      (b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

      (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

      (d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR994519,PR997772,PR503624,PR538792,PR545987,PR571818]

3.1 In this award,unless the contrary intention appears:

[Definition of accident pay inserted by PR571818 ppc 15Oct15]

      accident pay means a weekly payment made to an employee by the employer that is the difference between the amount of workers’compensation received by the employee and their ordinary time hourly rate for 38 hours work,and any RDO accrued entitlements prescribed by clause 33Ordinary hours of work or clause 34Shiftwork. Where the incapacity caused by the injury which leads to workers’compensation becoming payable is for a period less than one week,the payment is the difference between the amount of compensation and the ordinary time hourly rate for that period. The ordinary time hourly rate does not include over award payments,shift loadings or overtime

[Definition of Act substituted by PR994519 from 01Jan10]

      Act means the Fair Work Act 2009 (Cth)

      adult apprentice means a person of 21 years of age or over at the time of entering into a contract of training in a specified trade

[Definition of agreement-based transitional instrument inserted by PR994519 from 01Jan10]

      agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

      air-conditioning work means the on-site fabrication and/or installation of air-conditioning and/or ventilation systems and all ancillary work,including packaged air conditioning units,thermostatic controls,water recirculation equipment,air volume regulators,diffusers,fans and heat exchange equipment and the like

      appurtenances means any structure which is joined to or forms an integral part of a geomembrane installation. Such structures include:concrete and/or steel weirs;pipe collars and the like;concrete and rock walls within the area of the geomembrane,earth,stone and/or concrete covering over the geomembrane,waterfalls,fountains and the like,pipework,pumps,valves and filters when these are specific to a geomembrane.

[Definition of award-based transitional instrument inserted by PR994519 from 01Jan10]

      award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Commission deleted by PR994519 from 01Jan10]

      continuous service means the period of service of an employee notwithstanding the 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 26 weeks for which the employee received worker’s compensation;

      ●where called up for military service for up to three months in any qualifying period;

      ●long service leave;and

      ●any reason satisfactory to the employer,provided the employee has informed the employer within 24 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

      continuous shiftworker means an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts

[Definition of default fund employee inserted by PR545987 ppc 01Jan14]

      default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of default fund employee inserted by PR545987 ppc 01Jan14]

      defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of Division 2B State award inserted by PR503624 ppc 01Jan11]

      Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State employment agreement inserted by PR503624 ppc 01Jan11]

      Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of double time inserted by PR538792 ppc 15Jul13]

      double time means the ordinary time hourly rate multiplied by 200%

[Definition of double time and a half inserted by PR538792 ppc 15Jul13]

      double time and a half means the ordinary time hourly rate multiplied by 250%

[Definition of employee substituted by PR994519,PR997772 from 01Jan10]

      employee means national system employee within the meaning of the Act

      employee in charge of plant means:

      (a) when two or more employees are employed at the plant at the one time,the employee who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility;or

      (b) an employee who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility over one or more other employees;or

      (c) when an employee is the only person of their class employed on the plant,the employee who does the general repair work of the plant in addition to the work of operating,but not when they merely assist a fitter or engineer to do such work;or

      (d) where shifts are worked,the employee who is directed to carry out the general repair work of the plant in addition to the work of operating,but not when they merely assist a fitter or engineer to do such work

[Definition of employer substituted by PR994519,PR997772 from 01Jan10]

      employer means national system employer within the meaning of the Act

[Definition of enterprise award deleted by PR994519 from 01Jan10]

[Definition of enterprise award-based instrument inserted by PR994519 from 01Jan10]

      enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of enterprise NAPSA deleted by PR994519 from 01Jan10]

[Definition of exempt public sector superannuation scheme inserted by PR545987 ppc 01Jan14]

      exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

      geomembranes are impermeable membrane liners and barriers. They can be either sprayed on a surface or prefabricated and transported to the construction site. Sprayed on geomembranes are either sprayed directly on a surface (earth,concrete,etc.) or onto a geotextile. Geomembranes are usually (but not exclusively) composed of synthetic polymers,elastomers (rubbers) or plastomers (plastics). Some are reinforced with a fabric,and some are composites of natural and synthetic materials.

      geotextile means any permeable textile material used with foundation,soil,rock,earth,or any other geotechnical engineering related material,that is an integral part of a man made project,structure or system especially when used in conjunction with geomembranes. Geotextiles include knitted,woven,and unwoven fabrics. Other products such as webs,mats,nets,grids,and formed plastic sheets that have been developed for use in combination with,or in place of,geotextiles are considered to be geotextiles for the purpose of this award.

[Definition of injury inserted by PR571818 ppc 15Oct15]

      injury,for the purposes of clause 27Accident pay,has the same meaning as that contained in the applicable workers’compensation legislation covering the employer in respect of a claim made by the employee

      leading hand means an employee who is required to supervise or direct or be in charge of another employee or other employees

[Definition of MySuper product inserted by PR545987 ppc 01Jan14]

      MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

[Definition of NAPSA deleted by PR994519 from 01Jan10]

[Definition of NES substituted by PR994519 from 01Jan10]

      NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

[Definition of new construction work on a multistorey building deleted by PR538792 ppc 15Jul13]

[Definition of on-hire inserted by PR994519 from 01Jan10]

      on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client

[Definition of ordinary time hourly rate inserted by PR538792 ppc 15Jul13]

      ordinary time hourly rate means:

      ●for daily hire employees the hourly rate calculated in accordance with clause 19.3(a);

      ●for weekly hire employees the hourly rate calculated in accordance with clause 19.3(b);

      ●for apprentices the weekly rate (determined in accordance with clause 19.7 or 19.8) divided by 38;

      ●for trainees the weekly rate (determined in accordance with clause 28.2 or 28.3) divided by 38;

      ●for employees covered by clause 42Lift industry,includes the all purpose amounts specified in clause 42;

      ●for forepersons and supervisors in the metal and engineering construction sector the relevant weekly rate specified in clause 43.2(a) divided by 38;

      ●for leading hands includes the amount calculated in accordance with clause 19.2(a) or (b)

      refrigeration work means the installation,servicing or repairing of refrigeration plant and equipment,and/or ancillary components and equipment on a construction site

      standard rate means either the weekly or hourly minimum wage as stated for a Level 3 (CW/ECW 3) employee in clause 19.1

[Definition of time and a half inserted by PR538792 ppc 15Jul13]

      time and a half means the ordinary time hourly rate multiplied by 150%

      traffic management means duties in or in connection with the directing and controlling of traffic

[Definition of transitional minimum wage instrument inserted by PR994519 from 01Jan10]

      transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.

4. Coverage

[Varied by PR988410,PR994519,PR538792,PR715725]

4.1 This industry award covers employers throughout Australia in the on-site building,engineering and civil construction industry and their employees in the classifications within Schedule B—Classification Definitions to the exclusion of any other modern award.

[4.2 substituted by PR538792 ppc 15Jul13]

4.2 Without limiting the generality of the exclusion,this award does not cover employers covered by:

      (a) the Manufacturing and Associated Industries and Occupations Award 2010;

      (b) the Joinery and Building Trades Award 2010;

      (c) the Electrical,Electronic and Communications Contracting Award 2010;

      (d) the Plumbing and Fire Sprinklers Award 2010;

      (e) the Black Coal Mining Industry Award 2010;

      (f) the Mining Industry Award 2010;or

      (g) the Quarrying Award 2010;or

      (h) the Pre-Mixed Concrete Award 2010.

4.3 The award does not cover an employee excluded from award coverage by the Act.

[4.4 substituted by PR994519 from 01Jan10]

4.4 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[New 4.5 inserted by PR994519 from 01Jan10]

4.5 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[New 4.6 inserted by PR994519 from 01Jan10]

4.6 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

[New 4.7 inserted by PR994519 from 01Jan10]

4.7 This award covers employers which provide group training services for apprentices and/or trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

[4.5 renumbered as 4.8 and varied by PR994519 from 01Jan10]

4.8 Where an employer is covered by more than one award,an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

      NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

[4.6 renumbered as 4.9 by PR994519 from 01Jan10]

4.9 For the purpose of clause 4.1,on-site building,engineering and civil construction industry means the industry of general building and construction,civil construction and metal and engineering construction,in all cases undertaken on-site.

[4.7 renumbered as 4.10 and varied by PR994519 from 01Jan10]

4.10 For the purposes of clause 4.1:

      (a) general building and construction means:

      (i) the construction,alteration,extension,restoration,repair,demolition or dismantling of buildings,structures or works that form,or are to form,part of land,whether or not the buildings,structures or works are permanent and maintenance undertaken by employees of employers covered by clause 4.1 of such buildings,structures or works;

      (ii) site clearance,earth-moving,excavation,site restoration,landscaping and the provision of car parks and other access works associated with the activities within clause 4.10(a)(i);and

      (iii) the installation in any building,structure or works of fittings and services;

      (b) civil construction means:

      (i) the construction,repair,maintenance or demolition of:

        ●civil and/or mechanical engineering projects;

        ●power transmission,light,television,radio,communication,radar,navigation,observation towers or structures;

        ●power houses,chemical plants,hydrocarbons and/or oil treatment plants or refineries;

        ●silos;and/or

        ●sports and/or entertainment complexes;

      (ii) road making and the manufacture or preparation,applying,laying or fixing of bitumen emulsion,asphalt emulsion,bitumen or asphalt preparations,hot pre-mixed asphalt,cold paved asphalt and mastic asphalt;

      (iii) the prefabrication and installation of geomembranes,geotextiles and appurtenances;

      (iv) dredging or sluicing work for or at premises provided for persons mentioned in or in connection with work under clause 4.10(b)(i);

[4.10(b)(v) deleted by PR715725 ppc 01Jul20]

[4.10(b)(vi) renumbered as 4.10(b)(v) by PR715725 ppc 01Jul20]

      (v) batch plants and precast yards at a construction site in or in connection with work under clause 4.10(b)(i);

[4.10(b)(vii) renumbered as 4.10(b)(vi) by PR715725 ppc 01Jul20]

      (vi) traffic management in or in connection with work under clause 4.10(b)(i);

[4.10(b)(viii) renumbered as 4.10(b)(vii) by PR715725 ppc 01Jul20]

      (vii) construction and/or establishment of landscape gardens in or in connection with work under clause 4.10(b)(i),provided that this award does not apply to the:

        ●maintenance or horticultural establishment work following practical completion of work as specified under the terms of the construction contract or project;and/or

        ●laying-out,construction,cultivation or keeping in order of gardens in connection with private houses;

[4.10(b)(ix) renumbered as 4.10(b)(viii) by PR715725 ppc 01Jul20]

      (viii) the industry or calling of either or both catering and cleaning for or at premises provided for persons mentioned in clause 4.10(b)(i);

[4.10(b)(x) renumbered as 4.10(b)(ix) by PR715725 ppc 01Jul20]

      (ix) car parks excepting car park buildings and car parks within the alignment of a building;and

[4.10(b)(xi) renumbered as 4.10(b)(x) by PR715725 ppc 01Jul20]

      (x) railways,tramways,roads,freeways,causeways,aerodromes,drains,dams,weirs,bridges,overpasses,underpasses,channels,waterworks,pipe tracks,tunnels,water and sewerage works,conduits,and all concrete work and preparation incidental thereto;

      (c) metal and engineering construction means:

      (i) metal trades work performed in the work of construction,fabrication,erection and/or installation work or work incidental thereto when it is carried out at a construction site which is specifically established for the purpose of constructing,fabricating,erecting and/or installing the following:

        ●power stations,oil refineries,terminals and depots;chemical,petro-chemical and hydrocarbon plants;and associated plant,plant facilities and equipment;

        ●major industrial and commercial undertakings and associated plant,plant facilities and equipment including undertakings for the processing and/or smelting of ferrous and non-ferrous metals,the processing of forest products and associated by-products,acid and fertiliser plants,cement and lime works,and other major industrial undertakings of a like nature;

        ●plant,plant facilities and equipment in connection with the extraction,refining and/or treatment of minerals,chemicals and the like;

        ●transmission and similar towers,transmission lines and associated plant,plant facilities and equipment;

        ●lifts and escalators as prescribed in clause 42Lift industry;

        ●facilities and equipment in other engineering projects;and

      (ii) maintenance and/or repair and/or servicing work carried out on-site by the employees of contractors or subcontractors in connection with contracts for on-site construction work referred to in clause 4.10(c)(i). This does not include any work which is incidental to or of a minor nature in relation to the work normally performed by an employee of an employer not engaged substantially in metal and engineering construction.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means,whichever makes them more accessible or made available (whether in hard copy or through electronic means) to an employee within a reasonable time following a request by the employee.

6. The National Employment Standards and this award

The NES and this award combine to contain the minimum conditions of employment for employees covered by this award.

7. Individual flexibility arrangements

[Varied by PR542140;7—Award flexibility renamed and substituted by PR711485 ppc 30Aug19]

7.1 Despite anything else in this award,an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

      (a) arrangements for when work is performed;or

      (b) overtime rates;or

      (c) penalty rates;or

      (d) allowances;or

      (e) annual leave loading.

7.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

7.3 An agreement may only be made after the individual employee has commenced employment with the employer.

7.4 An employer who wishes to initiate the making of an agreement must:

      (a) give the employee a written proposal;and

      (b) if the employer is aware that the employee has,or reasonably should be aware that the employee may have,limited understanding of written English,take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

7.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

7.6 An agreement must do all of the following:

      (a) state the names of the employer and the employee;and

      (b) identify the award term,or award terms,the application of which is to be varied;and

      (c) set out how the application of the award term,or each award term,is varied;and

      (d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made;and

      (e) state the date the agreement is to start.

7.7 An agreement must be:

      (a) in writing;and

      (b) signed by the employer and the employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

7.8 Except as provided in clause 7.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

7.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

7.10 The employer and the employee must genuinely agree,without duress or coercion to any variation of an award provided for by an agreement.

7.11 An agreement may be terminated:

      (a) at any time,by written agreement between the employer and the employee;or

      (b) by the employer or employee giving 13 weeks’written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

      NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

7.12 An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause.

7.13 The right to make an agreement under clause 7 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

9. Dispute resolution

8. Consultation about major workplace change

[8—Consultation regarding major workplace change renamed and substituted by PR546288;8—Consultation renamed and substituted by PR711485 ppc 30Aug19]

8.1 If an employer makes a definite decision to make major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must:

      (a) give notice of the changes to all employees who may be affected by them and their representatives (if any);and

      (b) discuss with affected employees and their representatives (if any):

      (i) the introduction of the changes;and

      (ii) their likely effect on employees;and

      (iii) measures to avoid or reduce the adverse effects of the changes on employees;and

      (c) commence discussions as soon as practicable after a definite decision has been made.

8.2 For the purposes of the discussion under clause 8.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

      (a) their nature;and

      (b) their expected effect on employees;and

      (c) any other matters likely to affect employees.

8.3 Clause 8.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

8.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 8.1(b).

8.5 In clause 8:

      significant effects,on employees,includes any of the following:

      (a) termination of employment;or

      (b) major changes in the composition,operation or size of the employer’s workforce or in the skills required;or

      (c) loss of,or reduction in,job or promotion opportunities;or

      (d) loss of,or reduction in,job tenure;or

      (e) alteration of hours of work;or

      (f) the need for employees to be retrained or transferred to other work or locations;or

      (g) job restructuring.

8.6 Where this award makes provision for alteration of any of the matters defined at clause 8.5,such alteration is taken not to have significant effect.

8A. Consultation about changes to rosters or hours of work

[8A inserted by PR711485 ppc 30Aug19]

8A.1 Clause 8A applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.

8A.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

8A.3 For the purpose of the consultation,the employer must:

      (a) provide to the employees and representatives mentioned in clause 8A.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

      (b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

8A.4 The employer must consider any views given under clause 8A.3(b).

8A.5 Clause 8A is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

9. Dispute resolution

[Varied by PR994519,PR542140;substituted by PR711485 ppc 30Aug19]

9.1 Clause 9 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

9.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

9.3 If the dispute is not resolved through discussion as mentioned in clause 9.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.

9.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 9.2 and 9.3,a party to the dispute may refer it to the Fair Work Commission.

9.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute,including mediation,conciliation and consent arbitration.

9.6 If the dispute remains unresolved,the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

9.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 9.

9.8 While procedures are being followed under clause 9 in relation to a dispute:

      (a) work must continue in accordance with this award and the Act;and

      (b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

9.9 Clause 9.8 is subject to any applicable work health and safety legislation.

9.10 Dispute resolution procedure training leave

      (a) For the purpose of this clause,an eligible employee representative is an employee who is a shop steward,a delegate,or an employee representative duly elected or appointed by the employees in an enterprise or workplace or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure.

      (b) An eligible employee representative will be entitled to 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 will be agreed between them and their employer so as to minimise any adverse effect on the employer’s operations.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Daily hire employees

12. Full-time weekly hire employment

13. Part-time weekly hire employment

14. Casual employment

15. Apprentices

16. Termination of employment

17. Industry specific redundancy scheme

10. Types of employment

10.1 Employees under this award will be employed in one of the following categories:

      (a) daily hire employees;

      (b) full-time weekly hire employees;

      (c) part-time weekly hire employees;or

      (d) casual employees.

10.2 At the time of engagement an employer will inform each employee,in writing,of the terms of their engagement and,in particular,whether they are to be daily hire,full-time,part-time or casual employees.

11. Daily hire employees

A daily hire employee means a tradesperson or labourer engaged subject to the following provisions:

11.1 One day’s notice of termination of employment will be given on either side or one day’s pay will be paid or forfeited.

11.2 Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day’s work.

11.3 A tradesperson will be allowed one hour prior to termination to gather,clean,sharpen,pack and transport tools.

11.4 Nothing in this clause will affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty.

12. Full-time weekly hire employment

A full-time employee is an employee who works an average of 38 ordinary hours per week.

13. Part-time weekly hire employment

[Varied by PR538792]

13.1 A part-time employee is an employee who works an average of fewer than 38 ordinary hours per week and has reasonably predictable hours of work.

[13.2 substituted by PR538792 ppc 15Jul13]

13.2 For each ordinary hour worked,a part-time employee will be paid no less than the ordinary time hourly rate for the relevant classification and pro rata entitlements for those hours. An employer must inform a part-time employee of the ordinary hours of work and the starting and finishing times.

13.3 Before commencing a period of part-time employment the employee and the employer will agree in writing:

      (a) that the employee may work part-time;

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

      (c) upon the classification applying to the work to be performed;and

      (d) upon the period of part-time employment.

13.4 The terms of an agreement may be varied,in writing,by consent.

13.5 A copy of the agreement and any variation to it will be provided to the employee by the employer.

14. Casual employment

[Varied by PR542770]

14.1 A casual employee is one engaged and paid in accordance with the provisions of this clause.

14.2 A casual employee is entitled to all of the applicable rates and conditions of employment prescribed by this award except annual leave,paid personal/carer’s leave,paid community service leave,notice of termination and redundancy benefits.

14.3 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.

14.4 A casual employee is entitled to payment for a minimum of four hours’work per engagement,plus the relevant fares and travel allowance and expenses prescribed by clauses 24Living away from home—distant work and 25Travelling time entitlements on each occasion they are required to attend work.

14.5 A casual employee must be paid a casual loading of 25% for ordinary hours as provided for in this award. The casual loading is paid as compensation for annual leave,personal/carer’s leave,community service leave,notice of termination and redundancy benefits and public holidays not worked.

[14.6 substituted by PR542770 ppc 02Oct13]

14.6 A casual employee required to work overtime or weekend work will be entitled to the relevant penalty rates prescribed by clauses 36Overtime,and 37Penalty rates,provided that:

      (a) where the relevant penalty rate is time and a half,the employee must be paid 175% of the ordinary time hourly rate prescribed for the employee’s classification;and

      (b) where the relevant penalty rate is double time,the employee must be paid 225% of the ordinary time hourly rate prescribed for the employee’s classification.

[14.7 substituted by PR542770 ppc 02Oct13]

14.7 A casual employee required to work on a public holiday prescribed by the NES must be paid 275% of the ordinary time hourly rate prescribed for the employee’s classification.

14.8 Casual conversion to full-time or part-time employment

      (a) A casual employee,other than an irregular casual employee,who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of six months,thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process.

      (b) For the purposes of clause 14.8(a),an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

      (c) Every employer of such an employee must give the employee notice in writing of the provisions of clause 14.8 within four weeks of the employee having attained such period of six months. The employee retains their right of election under clause 14.8 if the employer fails to comply with the clause.

      (d) Any such casual employee who does not within four weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment is deemed to have elected against any such conversion.

      (e) Any casual employee who has a right to elect under clause 14.8(a),on receiving notice under clause 14.8(c) or after the expiry of the time for giving such notice,may give four weeks’notice in writing to the employer that they seek to elect to convert their contract of employment to full-time or part-time employment,and within four weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably refuse.

      (f) Once a casual employee has elected to become and has been converted to a full-time or part-time employee,the employee may only revert to casual employment by written agreement with the employer.

      (g) If a casual employee has elected to have their contract of employment converted to full-time or part-time employment in accordance with clause 14.8(e),the employer and employee must,subject to clause 14.8(e),discuss and agree on:

      (i) which form of employment the employee will convert to,being full-time or part-time;and

      (ii) if it is agreed that the employee will become a part-time employee,the number of hours and the pattern of hours that will be worked,as set out in clause 13Part-time weekly hire employment.

      (h) An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment,on the basis of the same number of hours and times of work as previously worked,unless other arrangements are agreed on between the employer and employee.

      (i) Following such agreement being reached,the employee converts to full-time or part-time employment.

      (j) Where,in accordance with clause 14.8(e) an employer refuses an election to convert,the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

      (k) By agreement between the employer and the majority of the employees in the relevant workplace or a section or sections of it,or with the casual employee concerned,the employer may apply clause 14.8(a) as if the reference to six months is a reference to 12 months,but only in respect of a currently engaged individual employee or group of employees. Any such agreement reached must be kept by the employer as a time and wages record. Any such agreement reached with an individual employee may only be reached within the two months prior to the period of six months referred to in clause 14.8(a).

14.9 An employee must not be engaged and re-engaged to avoid any obligation under this award.

15. Apprentices

[Varied by PR992159,PR994519,PR518699,PR538792,PR544640,PR545521,PR545884,PR715725]

15.1 Definitions

      (a) An adult apprentice is an employee who is 21 years of age or over at the time of signing the contract of training.

      (b) An apprentice is an employee who is bound by a contract of training registered with the appropriate State or Territory training authority.

[15.1(c) substituted by PR544640 ppc 01Jan14]

      (c) An apprenticeship is a system of structured on-the-job training with an employer and off-the-job training with a Registered Training Organisation accessed through a contract of training.

      (d) For the purposes of this award,a construction apprenticeship is a contract of training for the acquisition of tradesperson qualifications.

[15.1(e) substituted by PR544640 ppc 01Jan14]

      (e) Registered Training Organisation (RTO) means a training organisation registered by the Australian Skills Quality Authority,the Victorian Registration and Qualifications Authority or the Western Australia’s Training and Accreditation Council.

      (f) A contract of training means an approved agreement for training registered with the appropriate State or Territory training authority or under the provisions of the appropriate State or Territory training legislation.

      (g) A school-based apprentice is an employee who is undertaking an apprenticeship in accordance with this clause while also undertaking a course of secondary education.

15.2 Conditions of employment

[15.2(a) varied by PR994519 from 01Jan10]

      (a) Apprentices will be engaged in accordance with the terms of this award,any relevant apprenticeship legislation and/or regulations made by any State or Territory training authority with the responsibility for the apprenticeship. The terms of this award apply to apprentices except where otherwise stated.

      (b) An apprentice/trainee will be permitted to be absent from work,without loss of pay or continuity of employment,to attend the off-the-job training in accordance with the contract of training.

[15.2(c) substituted by PR544640 ppc 01Jan14;varied by PR715725 ppc 01Jul20]

      (c) Time spent by an apprentice,in attending any training and assessment specified in,or associated with,the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. This clause operates subject to the provisions of Schedule D—School-based Apprentices and the provisions of clause 25.5(b).

[15.2(d) inserted by PR544640 ppc 01Jan14]

      (d) The notice of termination provisions of the NES apply to apprentices.

[15.2(e) inserted by PR544640 ppc 01Jan14]

      (e) Redundancy provisions do not apply to apprentices,provided that where the employment of an apprentice by an employer is continued after the completion of the apprenticeship,the period of the apprenticeship will be counted as service for the purposes of the award and long service leave entitlements and in the event that an apprentice is terminated at the end of their apprenticeship and is re-engaged by the same employer within six months of such termination,the period of the apprenticeship will be counted as service in determining any future termination entitlements.

15.3 Overtime and shiftwork

[15.3(a) varied by PR994519;substituted by PR518699,PR538792 ppc 15Jul13]

      (a) When overtime and/or shiftwork are worked the relevant penalties and allowances prescribed by the award will apply,based on the applicable ordinary time hourly rate. No apprentice/trainee will work overtime or shiftwork on their own or without supervision.

      (b) No apprentice under the age of 18 years will be required to work overtime or shiftwork unless they so desire.

[15.3(c) substituted by PR544640 ppc 01Jan14]

      (c) No apprentice will,except in an emergency,work or be required to work overtime or shiftwork at times which would prevent their attendance at the Registered Training Organisation as required by any statute,award,regulation or the contract of training applicable to them.

15.4 Payment by results

      An apprentice will not work under any system of payment by results.

15.5 Lost time

[15.5(a) substituted by PR518699 from 04Jan12]

      (a) Apprentices are required to serve an additional day for each day of absence during each year of their apprenticeship,except in respect of absences due to either paid leave or leave without pay (taken in accordance with clause 38.3(a)). The following year of their apprenticeship does not commence until the additional days have been worked.

      (b) In calculating the extra time to be so served,the apprentice will be credited with time which they have worked during the relevant year in excess of their ordinary hours.

15.6 Training costs—Fees and textbooks

[15.6 substituted by PR544640 ppc 01Jan14]

      (a) All fees charged by an RTO and the cost of all prescribed textbooks for the apprenticeship,which are paid by an apprentice,shall be reimbursed by the employer within six months of commencement of the apprenticeship or a stage of the apprenticeship,or within 3 months of the commencement of training provided by the RTO,whichever is the later,unless there is unsatisfactory progress.

      (b) An employer may meet its obligations under this clause by paying any fees and/or cost of textbooks directly to the RTO.

15.7 Adult apprenticeship—application of general conditions of apprenticeship

      The provisions of clause 15Apprentices will apply to adult apprentices unless specifically provided otherwise by clause 19.8.

15.8 Attendance at block release training

[15.8 inserted by PR544640 ppc 01Jan14]

      (a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract,and such training requires an overnight stay,the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that this clause will not apply where the apprentice could attend an alternate Registered Training Organisation (RTO) closer to the apprentice’s usual place of work and the use of the more distant RTO is not agreed between the employer and the apprentice.

[15.8(b) varied by PR715725 ppc 01Jul20]

      (b) For the purposes of this clause excess reasonable travel costs includes the total cost of reasonable transportation (including transportation of tools where required),accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling,including meals,in excess of the fares and travel patterns allowance payable under clause 25.5(a). For the purposes of this clause excess travel costs do not include payment for travelling time or expenses incurred while not in transit.

      (c) The amount payable by an employer under this clause may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

      (d) This clause applies in lieu of the provisions contained in clause 24Living away from home—distant work.

15.9 Competency based progression

[15.9 inserted by PR545521 ppc 0Jan14;corrected by PR545884 ppc 01Jan14]

      (a) For the purpose of competency based wage progression in clause 19.7 an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:

      (i) competency has been achieved in the relevant proportion of the total units of competency specified in clause 19.7 for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan;and

      (ii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met;and

      (iii) either:

        (A) the Registered Training Organisation (RTO),the employer and the apprentice agree that the abovementioned requirements have been met;or

        (B) the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.

      (b) If the employer disagrees with the assessment of the RTO referred to in clause 15.9(a)(iii)(B) above,and the dispute cannot be resolved by agreement between the RTO,the employer and the apprentice,the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt,disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

      (c) For the purposes of this clause,the training package containing the qualification specified in the contract of training for the apprenticeship,sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of “competency”utilised for the purpose of the training packages and for the purpose of this clause is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

      (d) The apprentice will be paid the wage rate referred to in clause 15.9(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 15.9(a)(iii) or on a date as determined under the dispute resolution process in clause 15.9(b).

16. Termination of employment

[Substituted by PR711485 ppc 30Aug19]

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

16.1 Notice of termination by an employee

      (a) This clause applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

      Note:by section 123(3)(a) this clause does not apply to daily hire employees working in the building and construction industry.

      (b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

      Table 1—Period of notice

    Column 1

    Employee’s period of continuous service with the employer at the end of the day the notice is given

    Column 2

    Period of notice

    Not more than 1 year

    1 week

    More than 1 year but not more than 3 years

    2 weeks

    More than 3 years but not more than 5 years

    3 weeks

    More than 5 years

    4 weeks

      NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

      (c) In paragraph (b) continuous service has the same meaning as in section 117 of the Act.

      (d) If an employee who is at least 18 years old does not give the period of notice required under paragraph (b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

      (e) If the employer has agreed to a shorter period of notice than that required under paragraph (b),then no deduction can be made under paragraph (d).

      (f) Any deduction made under paragraph (d) must not be unreasonable in the circumstances.

16.2 Job search entitlement

      Where an employer has given notice of termination to an employee,the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

16.3 The time off under clause 16.2 is to be taken at times that are convenient to the employee after consultation with the employer.

17. Industry specific redundancy scheme

[Varied by PR994519,PR538792,PR568673,PR706908]

[17.1 varied by PR994519 from 01Jan10]

17.1 The following redundancy clause for the on-site building,engineering and civil construction industry (as defined) is an industry specific redundancy scheme as defined in s.12 of the Act. In accordance with s.123(4)(b) of the Act the provisions of Subdivision B—Redundancy pay of Division 11 of the NES do not apply to employers and employees covered by this award.

17.2 Definition

      For the purposes of this clause, redundancy means a situation where an employee ceases to be employed by an employer to whom this award applies,other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning.

17.3 Redundancy pay

      (a) A redundant employee will receive redundancy/severance payments,calculated as follows,in respect of all continuous service with the employer:

    Period of continuous service with an employer

    Redundancy/severance pay

    1 year or more but less than 2 years

    2.4 weeks’pay plus for all service in excess of 1 year,1.75 hours pay per completed week of service up to a maximum of 4.8 weeks’pay

    2 years or more but less than 3 years

    4.8 weeks’pay plus,for all service in excess of 2 years,1.6 hours pay per completed week of service up to a maximum of 7 weeks’pay

    3 years or more than but less than 4 years

    7 weeks’pay plus,for all service in excess of 3 years,0.73 hours pay per completed week of service up to a maximum of 8 weeks’pay

    4 years or more

    8 weeks’pay

      (b) Provided that an employee employed for less than 12 months will be entitled to a redundancy/severance payment of 1.75 hours per week of service if,and only if,redundancy is occasioned otherwise than by the employee.

[17.3(c) substituted by PR538792 ppc 15Jul13]

      (c) Week’s pay means the ordinary time hourly rate at the time of termination multiplied by 38. Hour’s pay means the ordinary time hourly rate at the time of termination.

      (d) If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay,such redundancy pay entitlement will be paid to the estate of the employee.

      (e) Any period of service as a casual will not entitle an employee to accrue service in accordance with this clause for that period.

      (f) Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the employee completes an apprenticeship and remains in employment with that employer for a further 12 months.

17.4 Redundancy pay schemes

      (a) An employer may offset an employee’s redundancy pay entitlement in whole or in part by contributions to a redundancy pay scheme.

      (b) Provided that where the employment of an employee is terminated and:

      (i) the employee receives a benefit from a redundancy pay scheme,the employee will only receive the difference between the redundancy pay in this clause and the amount of the redundancy pay scheme benefit the employee receives which is attributable to employer contributions. If the redundancy pay scheme benefit is greater than the amount payable under clause 17.3 then the employee will receive no redundancy payment under clause 17.3;or

      (ii) the employee does not receive a benefit from a redundancy pay scheme,contributions made by an employer on behalf of an employee to the scheme will,to the extent of those contributions,be offset against the liability of the employer under clause 17.3,and payments to the employee will be made in accordance with the rules of the redundancy pay scheme fund or any agreement relating thereto. The employee will be entitled to the fund benefit or the award benefit whichever is greater but not both.

[17.4(c) substituted by PR706908 ppc 03May19]

      (c) The redundancy pay scheme must be an Approved Worker Entitlement Fund under the Fringe Benefits Tax Assessment Act 1986.

17.5 Service as an employee for the Crown in the Right of the State of Western Australia,the Crown in the Right of the State of New South Wales,Victorian Statutory Authorities,or the Crown in the Right of the State of Victoria will not be counted as service for the purpose of this clause.

17.6 Employee leaving during notice period

      An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs,the employee will be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances,the employee will not be entitled to payment instead of notice.

17.7 Transfer of business

[17.7 substituted by PR994519,PR568673 ppc 12Jan16]

      (a) Where a business is,before or after the date of this award,transferred from an employer (in this subclause called the old employer) to another employer (in this subclause called the new employer) and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer:

      (i) the continuity of the employment of the employee will be deemed not to have been broken by reason of such transfer,and

      (ii) the period of employment which the employee has had with the old employer or any prior old employer will be deemed to be service of the employee with the new employer,

      for the purpose of redundancy pay entitlements under this clause.

      (b) In this subclause,business includes trade,process,business or occupation and includes part of any such business and transfer includes transfer,conveyance,assignment or succession whether by agreement or by operation of law. Transferred has a corresponding meaning.

Part 4—Classifications and Minimum Wage Rates

18. Classifications

19. Minimum wages

20. Expense related allowances

21. Industry allowances

22. Other allowances

23. Inclement weather

24. Living away from home—distant work

25. Travelling time entitlements

26. District allowances

27. Accident pay

28. National training wage

29. School-based apprenticeship

30. Higher duties

31. Payment of wages

32. Superannuation

18. Classifications

[Varied by PR988410]

19. Minimum wages

[Varied by PR988410,PR992159,PR994519,PR997900,PR998600,PR503624,PR509051,PR516726,PR522882,PR536685,PR538792,PR544640,PR545521,PR551608,PR561160,PR566688,PR579781,PR592116,PR606344,PR707430,PR715725,PR718837]

19.1 General

[19.1(a) varied by PR997900,PR509051,PR522882,PR536685,PR551608,PR566688,PR579781,PR592116,PR606344,PR707430,PR715725,PR718837 ppc 01Nov20]

      (a) An employee within a level specified in the following table will be paid not less than the rate per week assigned to the appropriate classification,as defined in Schedule B—Classification Definitions,in which such an employee is working:

    Level

    Minimum weekly wage

    Minimum hourly wage

     

    $

    $

    Level 9 (ECW 9)

    1026.70

    27.02

    Level 8 (CW/ECW 8)

    1009.00

    26.55

    Level 7 (CW/ECW 7)

    985.10

    25.92

    Level 6 (CW/ECW 6)

    957.70

    25.20

    Level 5 (CW/ECW 5)

    932.80

    24.55

    Level 4 (CW/ECW 4)

    905.20

    23.82

    Level 3 (CW/ECW 3)

    877.60

    23.09

    Level 2 (CW/ECW 2)

    852.70

    22.44

    Level 1 (CW/ECW 1):

      

    CW/ECW 1 (level d)

    835.40

    21.98

    CW/ECW 1 (level c)

    820.00

    21.58

    CW/ECW 1 (level b)

    808.50

    21.28

    CW/ECW1 (level a)

    792.20

    20.85

[19.1(b) substituted by PR538792 ppc 15Jul13]

      (b) The rates in clause 19.1(a) prescribe minimum classification rates only. The payment of additional allowances is required by other clauses of this award in respect of both weekly and hourly payments. The ordinary time hourly rate for an employee’s classification is set out in clause 3.

      (c) CW refers to construction workers in the general building and construction and civil construction sectors. ECW refers to engineering construction workers in the metal and engineering construction sector.

19.2 Leading hands

      (a) A person specifically appointed to be a leading hand must be paid at the rate of the undermentioned percentages of the above weekly rates of the highest classification supervised,or the employee’s own rate,whichever is the higher in accordance with the number of persons in the employee’s charge.

    In charge of:

    % of the appropriate weekly rate per week

    1 person

    2.4

    2 to 5 persons

    5.3

    6 to 10 persons

    6.7

    More than 10 persons

    9.0

      (b) For daily hire employees,the hourly rate payable is calculated by multiplying amount prescribed in clause 19.2(a) by 52 over 50.4 (52/50.4) and dividing by 38 and the said amount will apply for all purposes of this award (provided that in the case of a carpenter-diver the divisor will be 31).

19.3 Hourly rate calculation

      (a) Daily hire employees—follow the job loading

      (i) The calculation of the hourly rate will take into account a factor of eight days in respect of the incidence of loss of wages for periods of unemployment between jobs.

[19.3(a)(ii) substituted by PR998600,PR516726,PR715725 ppc 01Jul20]

      (ii) For this purpose the hourly rate,calculated to the nearest cent (less than half a cent to be disregarded),will be calculated by multiplying the sum of the appropriate amounts prescribed in:

      (b) Weekly hire employees

[19.3(b) substituted by PR715725 ppc 01Jul20]

19.4 Presenting for work but not required

[19.4(a) substituted by PR538792 ppc 15Jul13]

      (a) A new employee,if engaged and presenting for work to commence employment and not being required,will be entitled to at least eight hours’work or payment therefore at ordinary time hourly rates,plus the appropriate allowance prescribed by clause 25Travelling time entitlements.

      (b) However,if the services of any employee are not required by reason of inclement weather,then the provision of clause 23Inclement weather,will apply.

      (c) Clause 19.4 does not apply to casual employees.

19.5 Mobile cranes capacity adjustment formula

      For each additional 40 tonnes over a maximum lifting capacity of 100 tonnes,an amount of 2.4% of the weekly standard rate must be added to the base rate for Level 5 (CW/EW5) and above.

19.6 Piece rates

      (a) An employer and an employee may agree to remunerate the employee in whole or in part by piece rates,instead of (in whole or in part) the rates and allowances provided for in this award.

      (b) The agreement must be made without coercion or duress.

      (c) The employer must record a piece rate agreement made under this clause in writing and provide a copy to the employee and must keep the agreement as a time and wages record.

      (d) The piece rate agreement must set out the following information:

      (i) the parties to the agreement;

      (ii) the date the agreement commences to operate;and

      (iii) the basis on which the piece rate payment is made and how piecework will be measured.

      (e) An employee working under a piece rate agreement must:

      (i) be paid no less than the amount to which the employee would have been entitled to receive under the rates and allowances prescribed by this award if the piece rate agreement had not been made;and

      (ii) not disadvantage the employee in relation to their terms and conditions of employment.

      (f) For the purpose of the NES,the base rate of pay for a pieceworker is the base rate of pay as defined in the NES

      (g) For the purpose of the NES,the full rate of pay for a pieceworker is the full rate of pay as defined in the NES

      (h) An agreement made under this clause may be terminated by written agreement between the employer and the employee or by either party giving four weeks’notice in writing to the other party and the agreement will cease to operate at the end of the notice period.

19.7 Apprentice wages

[19.7 varied by PR994519,PR998600,PR503624]

      (a) A person who has completed a full apprenticeship must not be paid less than the standard rate.

[19.7(b) substituted by PR544640,PR545521;corrected by PR561160;substituted by PR566688 ppc 01Jul15]

      (b) An apprentice shall be paid a minimum rate of pay calculated on the total of the percentage of the standard rate determined in accordance with the following tables,and the allowances prescribed in clause 19.7(e):

      (i) Apprentices who commence a contract of training on or after 1 January 2014 (excluding apprentices covered by the Electrotechnology Training Package)

        (A) Four year apprenticeship (nominal term)

    Stage of apprenticeship

    Minimum training requirements on entry

    Have not completed year 12

    Have completed year 12

      

    % of the standard rate

    Stage 1

    On commencement and prior to the attainment of the minimum training requirements specified for Stage 2

    50

    55

    Stage 2

      •On attainment of 25% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or

      •12 months after commencing the apprenticeship,

    whichever is the earlier.

    60

    65

    Stage 3

      •On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or

      •12 months after commencing Stage 2,

    whichever is the earlier.

    75

    75

    Stage 4

      •On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or

      •12 months after commencing Stage 3,

    whichever is the earlier.

    90

    90

        (B) Three year apprenticeship (nominal term)

    Stage of apprenticeship

    Minimum training requirements on entry

    % of the standard rate

    Stage 1

    On commencement and prior to the attainment of the minimum training requirements specified for Stage 1

    55

    Stage 2

      •On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or

      •12 months after commencing the apprenticeship,

    whichever is the earlier.

    75

    Stage 3

      •On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or

      •12 months after commencing Stage 2,

    whichever is the earlier.

    90

      (ii) Apprentices who commence a contract of training on or after 1 January 2014 (apprentices covered by the Electrotechnology Training Package)

        Year of apprenticeship

        Have not completed year 12

        Have completed year 12

         

        % of the standard rate

        1st year

        50

        55

        2nd year

        60

        65

        3rd year

        75

        75

        4th year

        90

        90

      (iii) Apprentices who commenced a contract of training prior to 1 January 2014:

        Four year apprenticeship

        % of the standard rate

        1st year

        45

        2nd year

        55

        3rd year

        75

        4th year

        90

          

        Three year apprenticeship

        % of the standard rate

        1st year

        55

        2nd year

        75

        3rd year

        90

      (c) Transitional provisions competency based progression

[19.7(c) varied by PR994519,PR503624;substituted by PR544640,PR545521 ppc 01Jan14]

      (i) An apprentice is entitled to progress through the wage structure based on achievement of competency in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006,a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:

        ●if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument,enterprise agreement or Division 2B State employment agreement had applied to the employee;and

        ●that would have entitled the apprentice to progress through the wage structure based on achievement of competencies.

      (ii) Clause 19.7(c) ceases to operate on 31 December 2014.

      (d) Transitional provisions—Two year residential apprenticeships in Western Australia commence prior to 1st January 2014

[19.7(d) substituted by PR544640,PR545521 ppc 01Jan14]

      (i) An apprenticed employee undertaking a two year residential apprenticeship in Western Australia will be paid the percentage of the standard rate,as follows:

      Nominated residential apprenticeships in Western Australia

      Year of apprenticeship

      % of the standard rate

      1st year

      55

      2nd year

      75

      (ii) Clause 19.7(d) ceases to operate on 31 December 2014.

[19.7(e) varied by PR998600;substituted by PR544640,PR545521,PR715725 ppc 01Jul20]

[19.7(f) inserted by PR545521 ppc 01Jan14]

      (f) Notwithstanding the nominal period,the apprenticeship (excluding apprentices covered by the Electrotechnology Training Package) is completed in a shorter period when:

      (i) the qualification specified in the contract of training is successfully completed;and

      (ii) the apprentice has the necessary practical experience to achieve competency in the skills covered by the contract of training,provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation,the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination;and

      (iii) the requirements of the relevant State/Territory training authority and any requirements of the Construction and Property Services Industry Skills Council with respect to demonstration of competency and any minimum necessary work experience requirements are met;and

      (iv) with respect to trades where there are additional licensing or regulatory requirements under State legislation,when these requirements are met.

19.8 Adult apprenticeship

[19.8 substituted by PR544640 ppc 01Jan14]

      (a) (i) Where a person was employed by an employer immediately prior to becoming an adult apprentice with that employer,such person will not suffer a reduction in the ordinary time hourly rate of pay by virtue of entering into the contract of training.

      (ii) Provided that for employees engaged in the general building and construction,and civil construction,sectors the provision in 19.8(a)(i) above shall only apply to employees who have been employed by the employer for at least six months as a full-time weekly or daily hire employee,or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship.

      (b) For the purpose of fixing a rate of pay only,the adult apprentice will continue to receive the ordinary time hourly rate of pay that is applicable to the classification or class of work specified in clause 19.1,and in which the adult apprentice was engaged immediately prior to entering into the contract of training.

      (c) Subject to clauses 19.8(a) and 19.8(b),the rate of pay of an adult apprentice will be the ordinary time hourly rate prescribed for the lowest paid classification in clause 19.1 or the ordinary time hourly rate prescribed by clause 19.7 for the relevant year of apprenticeship,whichever is the greater.

20. Expense related allowances

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR994519;PR998130,PR509173,PR523003,PR536806,PR551729,PR566830,PR579526,PR592278,PR606502,PR704119,PR707627,PR715725,PR718992]

20.1 Tools and protective or other clothing or equipment

[20.1(a) varied by PR998130,PR509173,PR523003,PR536806,PR551729,PR566830,PR579526,PR592278,PR606502,PR704119,PR707627;renamed and substituted by PR715725 ppc 01Jul20;varied by PR718992 ppc 01Nov20]

      (a) An allowance in recognition of the maintenance and provision of the standard tools of trade must be paid for all purposes of the award in accordance with the following table:

    Classification

    Tool allowance
    $ per week

    Artificial stoneworker,carpenter and/or joiner,carpenter-diver,carver,bridge and wharf carpenter,floor sander,letter cutter,marble and slate worker,stonemason or tilelayer

    32.70

    Caster,fixer,floorlayer specialist or plasterer

    27.04

    Refractory bricklayer or bricklayer

    23.21

    Roof tiler,slate-ridger or roof fixer,tradespersons in the metals and engineering construction sector

    17.13

    Signwriter,painter or glazier

    7.85

      (b) Where any other tools are required by the employer for the performance of work by a tradesperson covered by paragraph (a),or where in the case of any other employee any tools are required for the performance of work,the employer shall:

      (i) by agreement with the employee,reimburse the employee for provision of the tools;or

      (ii) provide the tools.

      (c) Where any protective or other clothing or equipment,other than safety boots,is required by the employer for the performance of work,the employer shall:

      (i) by agreement with the employee,reimburse the employee for provision of the clothing or equipment;or

      (ii) provide the clothing or equipment.

      (d) Where employees are required either by the employer or by legislation to wear steel toe capped safety boots the employer will reimburse employees for the cost of purchasing such boots on commencement of work. Subject to fair wear and tear,boots will be replaced each six months if required and sooner if agreed.

20.2 Meal allowance

[20.2(a) varied by PR998130,PR509173,PR523003,PR536806,PR551729,PR566830,PR579526,PR592278,PR606502,PR704119,PR707627,PR718992 ppc 01Nov20]

      (a) An employee required to work overtime for at least one and a half hours after working ordinary hours inclusive of time worked for accrual purposes as prescribed in clauses 34Shiftwork,or 38Annual leave,must be paid by the employer an amount of $15.71 to meet the cost of a meal.

      (b) This subclause will not apply to an employee who is provided with reasonable board and lodging or who is receiving a distant job allowance as provided for in clause 24Living away from home—distant work,and is provided with a suitable meal.

[20.2(c) varied by PR998130,PR509173,PR523003,PR536806,PR551729,PR566830,PR579526,PR592278,PR606502,PR704119,PR707627,PR718992 ppc 01Nov20]

      (c) An operator employee will be entitled to be paid $15.71 for each meal after the completion of each four hours from the commencement of overtime.

20.3 Compensation for clothes and tools

[20.3(a) varied by PR994519 from 01Jan10]

      (a) An employee whose clothes,spectacles,hearing aids or tools have been accidentally spoilt by acid,sulphur or other deleterious substances,fire,molten metal or corrosive substances,must be paid such amount to cover the loss suffered by the employee as may be agreed upon between the employee and the employer.

[20.3(b) varied by PR998130,PR509173,PR523003,PR536806,PR551729,PR566830,PR579526,PR592278,PR606502,PR704119,PR707627,PR718992 ppc 01Nov20]

      (b) An employee must be reimbursed by the employer to a maximum of $1896 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 if the tools are lost or stolen while being transported by the employee at the employer’s direction,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,or where the employee does not report for work because of illness or accident and has advised the employer of such absence.

      (c) An employee transporting their own tools must take all reasonable care to protect those tools and prevent theft or loss.

      (d) When an employer requires an employee to wear spectacles with toughened glass lenses the employer must pay the cost of the toughening process.

      (e) For the purposes of this clause:

      (i) only tools used by the employee in the course of their employment will be covered by this clause;

      (ii) the employee will,if requested to do so,furnish the employer with a list of tools so used;

      (iii) reimbursement will be at the current replacement value of new tools of the same or comparable quality;and

      (iv) the employee will report any theft to the police prior to making a claim on the employer for replacement of stolen tools.

20.4 Adjustment of expense related allowances

      (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

      (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

[20.4(b) varied by PR998130,PR523003,PR715725 ppc 01Jul20]

    Allowance

    Applicable Consumer Price Index figure

    Tools and protective or other clothing or equipment

    Eight Capitals Consumer Price Index

    Compensation for clothes and tools

    Eight Capitals Consumer Price Index

    Meal allowance

    Meals out and take away foods sub-group

    Living away from home—distant work

    Domestic holiday travel and accommodation sub-group

    Camping

    Average of Food and non-alcoholic beverages,housing and transport groups

    Fares and travel patterns allowance

    Transport group

    Weekend return home

    Transport group

    Transport and transporting tools

    Transport group

   

21. Industry allowances

[Varied by PR538792;21—Site and general wage related allowances renamed and substituted PR715725 ppc 01Jul20]

21.1 The following industry allowances must be paid,in addition to the employee’s weekly rate prescribed in clause 19Minimum wages,for work in each of these sectors:

      (a) General building and construction industry,civil construction industry and metal and engineering construction industry—an allowance of 6% of the weekly standard rate;

      (b) Residential building and construction industry—an allowance of 4.8% of the weekly standard rate.

21.2 For the purposes of determining the applicable industry allowance:

      (a) the definitions of general building and construction,civil construction and metal and engineering construction in clause 4.10 will apply.

      (b) residential building and construction industry means the activities identified in clause 4.10(a) undertaken in relation to a single occupancy or dual occupancy residential building which is not a multistorey building as defined in clause 22.3(c).

21.3 The industry allowances payable under clause 21 are to be paid for all purposes of the award.

22. Other allowances

[Varied by PR538792;22—Special rates renamed and substituted by PR715725 ppc 01Jul20]

22.1 An employer must pay an employee the allowances they are entitled to under clause 22 in addition to the applicable industry allowance under clause 21.

22.2 Underground allowance

      (a) An employee,other than an employee in an Operator classification,who is required to work underground must be paid an additional allowance of 1.8% of the weekly standard rate per week for all-purposes of the award.

      (b) Provided that an employee required to work underground for no more than four days or shifts in any ordinary week must be paid an additional 0.4% of the weekly standard rate per day or shift.

      (c) Where a shaft is to be sunk to a depth greater than six metres,the payment of the underground allowance will commence from the surface.

      (d) These allowances will not be payable to employees engaged upon pot and drive work at a depth of 3.5 metres or less.

22.3 Multistorey allowance

      (a) A multistorey allowance must be paid to all employees on-site whilst engaged in construction or renovation of a multistorey building to compensate for the disabilities experienced in,and which are peculiar to construction or renovation of a multistorey building.

      (b) Provided that for the purposes of this clause renovation work is work performed on existing multistorey buildings and such work involves structural alterations which extend to more than two storey levels in a building,and at least part of the work to be performed is above the fourth floor storey level in accordance with the scale of payments appropriate for the highest floor level affected by such work.

      (c) In this clause:

      multistorey building means a building which will,when complete,consist of five or more storey levels

      complete means the building is fully functional and all work which was part of the principal contract is complete

      storey level means structurally completed floor,walls,pillars or columns,and ceiling (not being false ceilings) of a building and will include basement levels and mezzanine or similar levels (but excluding half floors such as toilet blocks or store rooms located between floors),and a plant room situated on the top of a building if the plant room occupies 25% of the total roof or an area of 100 square metres whichever is the lesser

      floor level means that stage of construction which in the completed building would constitute the walking surface of the particular floor level referred to in the table of payments.

      (d) In respect of any building or structure (including a tower) which does not have regular storey levels and which exceed 15 metres in height,an allowance of 3.2% of the hourly standard rate per hour will be paid for all work above 15 metres,with an additional 3.2% of the hourly standard rate per hour for work above each additional 15 metres. For example,an employee working at a height of 31 metres is paid an allowance of 6.4% of the hourly standard rate per hour.

      (e) Rates

      (i) Except as provided for in clauses 22.3(d) and 22.3(f),an allowance in accordance with the following table must be paid to all employees on the building site. The higher allowances presented in respect of work on the 16th and subsequent floors will be paid to all employees when one of the following components of the building—structural steel,reinforcing steel,boxing or walls—rises above the floor level first designated in the allowance scale:

      Storeys

      Allowance per hour

      From the commencement of building to 15th floor level

      2.6% of the hourly standard rate

      From the 16th floor level to 30th floor level

      3.1% of the hourly standard rate

      From the 31st floor level to 45th floor level

      4.8% of the hourly standard rate

      From the 46th floor level to 60th floor level

      6.2% of the hourly standard rate

      From the 61st floor level onward

      7.6% of the hourly standard rate

      (ii) The allowances payable at the highest point of the building will continue until completion of the building.

      (f) Service cores

      (i) All employees employed on a service core at more than 15 metres above the highest point of the main structure must be paid the multistorey rate appropriate for the main structure plus an additional 3.2% of the hourly standard rate per hour,with 3.2% of the hourly standard rate per hour additional for work above each additional 15 metres calculated from the highest point reached by the main structure to the highest point reached by the service core in any one day period.

      (ii) Employees employed on a service core no higher than 15 metres above the main structure must be paid in accordance with the multistorey allowance prescribed herein.

      (iii) Provided that any section of a service core exceeding 15 metres above the highest point of the main structure will be disregarded for the purpose of calculating the multistorey allowance application to the main structure.

22.4 Laser operation allowance

      (a) Application

      This subclause applies when laser equipment is utilised for work within the scope of this award.

      (b) Definitions

      (i) Laser means any device excepting a Class 1 device which can be made to produce or amplify electromagnetic radiation in the wavelength range from 100 nanometres to one millimetre primarily by the process of controlled stimulation emission.

      (ii) Laser safety officer is an employee who in addition to the employee’s ordinary work is qualified to perform duties associated with laser safety and is appointed as such.

      (c) Laser safety officer allowance

      An employee appointed by the employer to carry out the duties of a laser safety officer must be paid an additional 13.4% of the hourly standard rate per day or part thereof whilst carrying out such duties,paid as a flat amount without attracting any premium or penalty.

22.5 Carpenter-diver allowance

      Employees undertaking work normally performed by a carpenter-diver must be paid an additional 4.5% of the hourly standard rate per hour extra which will be regarded as part of the ordinary time hourly rate for all-purposes of the award.

22.6 First aid allowance

      (a) An employee who:

      (i) is appointed by the employer to be responsible for carrying out first aid duties as they may arise;

      (ii) holds a recognised first aid qualification (as set out hereunder) from the Australian Red Cross Society,St John Ambulance or similar body;

      (iii) is required by their employer to hold a qualification at that level;

      (iv) the qualification satisfies the relevant statutory requirement pertaining to the provision of first aid services at the particular location where the employee is engaged;and

      (v) those duties are in addition to the employee’s normal duties,recognising what first aid duties encompass by definition;

      will be paid at the following additional rates to compensate that person for the additional responsibilities,skill obtained,and time spent acquiring the relevant qualifications:

      (vi) an employee who holds the minimum qualifications recognised under the relevant State or Territory Occupational Health and Safety legislation (or,in Western Australia,a Senior First Aid certificate of Industrial First Aid certificate or equivalent qualification from the St John Ambulance Association or similar body)—0.36% of the weekly standard rate per day;or

      (vii) an employee who holds a higher first aid certificate recognised under the relevant State or Territory Occupational Health and Safety legislation (or,in Western Australia,a Senior First Aid certificate or Industrial First Aid certificate or equivalent qualification from the St John Ambulance Association or similar body)—0.57% of the weekly standard rate per day.

      (b) An employee will be paid only for the level of qualification required by their employer to be held,and there will be no double counting for employees who hold more than one qualification.

22.7 Air-conditioning industry and refrigeration industry allowances

      In addition to the appropriate minimum wage prescribed in clause 19.1,an air-conditioning tradesperson and a refrigeration mechanic must be paid a weekly allowance of 7.9% of the weekly standard rate as compensation for the various disabilities and peculiarities associated with on-site air-conditioning work or on-site refrigeration work.

22.8 Electrician’s licence allowance

      (a) An employee engaged and working as an electrical tradesperson and who holds an appropriate electrician’s licence must be paid a weekly allowance of 3.2% of the weekly standard rate for all-purposes of this award.

      (b) An appropriate electrician’s licence for the purpose of this subclause will be:

      ●New South Wales—a NSW Electrician’s Licence;

      ●Victoria—an A Grade Electrician’s Licence;

      ●South Australia—an A Grade Electrical Worker’s Licence;

      ●Tasmania—an A Grade Electrician’s Licence;and

      ●Queensland—an Electrical Mechanic’s or Electrical Fitter/Mechanic’s Licence.

22.9 In charge of plant

      (a) In charge of plant means:

      (i) when two or more employees are employed at the plant at the one time,the employee who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility;

      (ii) an employee who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility over one or more other employees;

      (iii) when the employee is the only person of that class employed on the plant the employee who does the general repair work of the plant in addition to the work of operating,but not when the employee merely assists a fitter or engineer to do such work;or

      (iv) where shifts are worked,the employee who is directed to carry out the general repair work of the plant in addition to the work of operating,but not when the employee merely assists a fitter or engineer to do such work.

      (b) An employee who is in charge of plant must be paid an additional 4.7% of the weekly standard rate per week.

22.10 Special rates applicable only to the general building and construction sector

      (a) Conditions in respect of special rates

      (i) To avoid doubt,the special rates are allowances for the purpose of clause 7.1(d).

      (ii) The special rates prescribed in this award must be paid irrespective of the times at which work is performed and will not,except where specified,be subject to any premium or penalty conditions.

      (iii) The special rates must be paid to employees in addition to other rates in this award.

      (b) Computing quantities

      (i) Employees who are regularly required to compute or estimate quantities of materials in respect of the work performed by other employees must be paid an additional 23.3% of the hourly standard rate per day or part thereof.

      (ii) This allowance will not apply to an employee classified as a leading hand and receiving an allowance prescribed in clause 19.2.

      (c) Scaffolding or rigging certificate allowance

      A tradesperson who is the holder of a scaffolding certificate or rigging certificate issued by the appropriate certifying authority and is required to act on that certificate whilst engaged on work requiring a certificated person must be paid an additional 3.2% of the hourly standard rate per hour.

23. Inclement weather

[Varied by PR538792]

23.1 This clause applies to general building and construction and the civil construction sector only.

23.2 Inclement weather means the existence of rain or abnormal climatic conditions (whether hail,extreme cold,high wind,severe dust storm,extreme high temperature or the like or any combination of these conditions) where it is not reasonable or it is unsafe for employees to continue working in those conditions.

23.3 The employer or its representative,when requested by the employees or their representative,must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in this clause apply.

23.4 The time of the cessation of work due to inclement weather and the resumption of work after a period of inclement weather has ended will be recorded by the employer.

23.5 When inclement weather conditions exist an affected employee is not required to commence or continue to work where it is unreasonable or unsafe to do so. In cases where emergency work is required or it is necessary to complete a concrete pour already commenced to a practical stage,work may occur or continue provided that such work does not give rise to a reasonable concern on the part of an employee undertaking the work of an imminent risk to their health or safety.

23.6 Where a concrete pour is completed in accordance with clause 23.5,work will be paid at the rate of double time calculated to the next hour,and in the case of wet weather,the employee will be provided with adequate wet weather gear. If an employee’s clothes become wet as a result of working in the rain during a concrete pour the employee will,unless the employee has a change of dry working clothes available,be allowed to go home for the remainder of the day without loss of pay.

[23.7 substituted by PR538792 ppc 15Jul13]

23.7 Where an employee is not able to perform any work at any location because of inclement weather,the employee will receive payment at the ordinary time hourly rate for ordinary hours. Payment for time lost due to inclement weather is subject to a maximum of 32 hours pay in any four week period for each employee. Payment is subject to adherence to the terms of this clause.

[23.8 renumbered as 23.8(a) by PR538792 ppc 15Jul13]

23.8 (a) If an employee commences employment during a four week period the employee will be credited with:

      ●32 hours where the employee commences on any working day within the first week;

      ●24 hours where the employee commences on any working day within the second week;

      ●16 hours where the employee commences on any working day within the third week;and

      ●eight hours where the employee commences on any working day within the fourth week in any four week period.

[23.8(b) inserted by PR538792 ppc 15Jul13]

      (b) The first period will be deemed to commence on the first Monday after 28 December 2009 and subsequent periods will commence at four weekly periods thereafter,provided that a calendar that was being used immediately before 15 July 2013 may still apply.

23.9 An employee working on a part-time basis pursuant to clause 13Part-time weekly hire employment,will be entitled to payment on a pro rata basis according to the number of ordinary hours agreed to be worked in the four week period. The method of calculation of a part-time daily hire employee’s proportionate employment will be as follows:

    32 x

    Number of hours agreed to be worked during the four week period

    152

23.10 Inclement weather occurring during overtime will not be taken into account for the purposes of this clause and employees will not be entitled to any payment for stoppages because of inclement weather that occurs outside of ordinary hours.

23.11 Employees on a portion of a site not affected by inclement weather must continue to work even though employees working on other areas of the site may have stopped work because of inclement weather.

23.12 Subject to the availability of alternative work in an employee’s classification,an employer may require employees to transfer:

      (a) from a location on a site where it is unreasonable and/or unsafe to work because of inclement weather,to another area on the same site,where it is reasonable and safe to work;and/or

      (b) from a site where it is unreasonable and/or unsafe to work because of inclement weather,to another site,where it is reasonable and safe to work,and where the employer,where necessary,provides transport.

23.13 Additional wet weather procedure

      (a) Remaining on site

      Where,because of wet weather,the employees are prevented from working:

      (i) for more than an accumulated total of four hours of ordinary time in any one day;or

      (ii) after the meal break,as provided in clause 35.1,for more than an accumulated total of 50% of the normal afternoon work time;or

      (iii) during the final two hours of the normal work day for more than an accumulated total of one hour;

      the employer will not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances.

      Where,by agreement between the employer and the employees,employees remain on site beyond the periods specified above,any such additional wet time will be paid for but will not be debited against the employees’hours. Wet time occurring during overtime will not be taken into account for the purposes of this subclause.

      (b) Rain at starting time

      Where the employees are in the sheds,because they have been rained off,or because it is at starting time,morning tea,or lunch time,and it is raining,they will not be required to go to work in a dry area or to be transferred to another site unless:

      (i) the rain stops;or

      (ii) a covered walkway has been provided;or

      (iii) the sheds are under cover and the employees can get to the dry area without going through the rain;or

      (iv) adequate protection is provided.

      Protection must,where necessary,be provided for the employees’tools.

24. Living away from home—distant work

[Varied by PR994519,PR998130,PR509173,PR523003,PR536806,PR538792,PR551729,PR566830,PR579526,PR592278,PR606502,PR704119,PR707627,PR715725,corrected by PR720483;varied by PR718992]

24.1 Qualification

[24.1 substituted by PR715725 ppc 01Jul20]

      The entitlements under this clause apply when an employee is employed on construction work at such a distance from the employee’s usual place of residence or any separately maintained residence that the employee cannot reasonably return to that place each night,provided that:

      (a) the employee is not in receipt of relocation benefits;

      (b) the employee is maintaining a separate place of residence to which it is not reasonable to expect the employee to return each night;and

      (c) the employee has provided the correct details of their usual place of residence,or any separately maintained address,to the employer.

24.2 Employee’s address

[24.2 substituted by PR715725 ppc 01Jul20]

      (a) On engagement,an employee must provide the employer with their address at the time of application and the address of any separately maintained residence. An employee must not knowingly make a false statement regarding the details required in clause 24.1(c).

      (b) The employer must take reasonable steps to verify the address details provided by the employee. Reasonable steps may include requesting documentary proof of the address,such as by the provision of a driver’s licence,but do not include investigating the veracity of the documentary proof that is provided by the employee.

      (c) Despite clause 24.1(c),the employer will be liable to pay or provide the entitlements under this clause to an employee who satisfies clause 24.1(a) and (b) if the employee has failed to provide the correct address details and the employer has failed to take reasonable steps to verify the address details in accordance with paragraph (b). However,the employer will not be liable to pay or provide the entitlements under this clause if the employer has requested documentary proof of the employee’s address details and the employee has provided fraudulent documents in response to that request.

      (d) No subsequent change of address will entitle an employee to the provisions of this clause unless the employer agrees.

24.3 Entitlement

[24.3 substituted by PR715725 ppc 01Jul20]

      (a) Where an employee qualifies under clause 24.1 the employer will:

[24.3(a)(i) varied by PR718992 ppc 01Nov20]

      (i) pay the employee the greater of $73.47 per day or an amount which fully reimburses the employee for all reasonable accommodation and meal expenses incurred;or

      (ii) provide the worker with accommodation and three adequate meals each day;or

      (iii) provide the worker with accommodation and reimburse the employee for all reasonable meal expenses;or

      (iv) where employees are required to live in camp,provide all board and accommodation free of charge.

      (b) Any accommodation provided under clause 24.3(a) must be in accordance with contemporary living standards taking into account the particular circumstances of the location in which the work is performed and must include reasonable washing,laundry,recreational,kitchen,external lighting,communications and fire protection facilities.

24.4 Reimbursement of meal expenses for living in camp

[24.4 substituted by PR715725 ppc 01Jul20]

      Where it is not possible for the employer to provide meals free of charge directly to employees required to live in camp,the employer shall:

      (a) reimburse employees for food reasonably purchased by them for their own use or for the reasonable cost of meals consumed in the nearest recognised centre;and

[24.4(b) varied by PR718992 ppc 01Nov20]

      (b) pay an allowance of $205.14 for every complete week the employee is available for work,or in the case of broken weeks $29.28 per day including any Saturday or Sunday if the employee is in camp and available for work on the working days immediately preceding and succeeding each Saturday and Sunday. If an employee is absent without the employer’s approval on any day,the allowance will not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday,the allowance will not be payable for the Saturday and Sunday.

24.5 Camp conditions

[24.5 varied by PR998130,PR509173,PR523003,PR536806,PR551729,PR579526,PR592278,PR606502,PR704119,PR707627;substituted by PR715725 ppc 01Jul20]

      (a) The employer must ensure that a camp is maintained in a clean and hygienic condition.

      (b) Where an employer has established a camp site and provides facilities for employees living in their own caravan,the employer must provide reasonable space for the caravans.

[24.6 deleted by PR715725 ppc 01Jul20]

24.6 Travelling expenses

[24.7 renumbered as 24.6 by PR715725 ppc 01Jul20]

      An employee who is sent by an employer to a job which qualifies the employee for the provisions of this clause will not be entitled to any of the allowances prescribed by clause 25Travelling time entitlements,for the period occupied in travelling from the employee’s usual place of residence to the distant job,but instead will be entitled to the following benefits:

      (a) Forward journey

[24.7(a)(i) varied by PR998130,PR509173,PR523003,PR536806;substituted by PR538792 ppc 15Jul13;varied by PR551729,PR566830,PR579526,PR592278,PR606502,PR704119,PR707627;24.7(a)(i) renumbered as 24.6(e)(i) and substituted by PR715725 ppc 01Jul20;varied by PR718992 ppc 01Nov20]

      (i) An employee must:

        ●be provided with appropriate transport or be paid the amount of a fare on the most appropriate method of public transport to the job,and any excess payment due to transporting tools if such is incurred;and

        ●be paid for the time spent in travelling,at ordinary rates up to a maximum of eight hours per day for each day of travel;and

        ●be paid $15.71 per meal for any meals incurred while traveling.

      (ii) The employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues employment within two weeks of commencing on the job and who does not immediately return to the employee’s place of engagement.

      (b) Return journey

[24.7(b)(i) varied by PR523003,PR536806,PR551729 ppc 01Jul14;24.7(b)(i) renumbered as 24.6(b)(i) by PR715725 ppc 01Jul20]

      (i) An employee will,for the return journey,receive the same payments provided for the forward journey (see clause 24.6(a)). In addition,daily hire employees will receive an amount of $20.81 to cover the cost of transport and transporting tools from the main public transport terminal to the employee’s usual place of residence.

      (ii) The return journey payments will not be paid if the employee terminates or discontinues employment within two months of commencing on the job or is dismissed for incompetence within one working week of commencing on the job,or is dismissed for misconduct at any time.

      (c) Travelling time calculations

      For the purpose of this clause,travelling time will be calculated as the time taken for the journey from the central or regional rail,bus or air terminal nearest the employee’s usual place of residence to the locality of the work (or the return journey,as the case may be).

      (d) Daily fares allowance

      An employee engaged on a job who qualifies under the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) must be paid the allowance prescribed by clause 25Travelling time entitlements.

      (e) Weekend return home

[24.7(e)(i) varied by PR523003,PR536806,PR551729 ppc 01Jul14;24.7(e)(i) renumbered as 24.6(e)(i) by PR715725 ppc 01Jul20]

      (i) An employee who notifies the employer,no later than Tuesday of each week,of their intention to return to their usual place of residence at the weekend and who returns to such usual place of residence for the weekend,must be paid an allowance of $35.28 for each occasion provided that the employee does not miss any ordinary hours of work.

[24.6(e)(ii) varied by PR715725 ppc 01Jul20]

      (ii) An employee who is receiving the living away from home allowance pursuant to clause 24.3(a)(i) or reimbursement of meal expenses for living in camp pursuant to clause 24.4 is not entitled to payment under clause 24.6(e)(i).

      (iii) When an employee returns to their usual place of residence for a weekend or part of a weekend and is not absent from the job for any of the ordinary working hours,no reduction of the allowance in clause 24.3 will be made.

      (f) Rest and recreation

[24.6(f) substituted by PR715725 ppc 01Jul20;corrected by PR720483 ppc 01Jul20]

      Where an employee is engaged on a job which qualifies the employee for the provisions of this clause and the duration of work on the job is scheduled for more than 8 weeks the employee will be entitled to rest and recreation in accordance with the following:

      (i) After each continuous 4 week period of work away from home the employee will be entitled to a minimum period of 7 days unpaid rest and recreation leave at the employee’s usual place of residence,of which 5 days shall be exclusive of travel from the job to the employee’s usual place of residence and return to the job. On each occasion that the employee returns to their usual place of residence they will be paid for travel expenses in accordance with clause 24.6(a),(b) and (c).

      (ii) After 12 weeks continuous service (inclusive of periods of rest and recreation) the employee will be entitled to 2 days’paid rest and recreation leave and an additional paid day of rest and recreational leave for each subsequent 12 weeks of continuous service.

      (iii) Payment for leave and travel expenses will be made at the completion of the first pay period commencing after date of return to the job.

      (iv) The provisions of clause 24.6(f)(i) do not continue to apply where the work the employee is engaged upon will terminate in the ordinary course within a further 28 days after the last period of rest and recreation leave.

      (v) Service will be deemed to be continuous notwithstanding an employee’s absence from work as prescribed in this clause.

      (vi) Variable return home

        In special circumstances,and by agreement with the employer,the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee’s accrual entitlement.

      (vii) No payment instead

        Payment of travel expenses and leave with pay as provided for in this clause will not be made unless utilised by the employee.

      (viii) Alternative paid day off procedure

        If the employer and the employee so agree,any accrued rostered days off (RDO) as prescribed in clause 33Ordinary hours of work,may be taken,and paid for,in conjunction with and additional to rest and recreation leave.

      (ix) Termination of employment

        An employee will be entitled to notice of termination of employment in sufficient time to arrange suitable transport at termination or must be paid as if employed up to the end of the ordinary working day before transport is available.

24.7 Transitional airfares provision in respect of employees in the Territory of Christmas Island

[24.8 inserted by PR994519 from 01Jan10;renumbered as 24.7 by PR715725 ppc 01Jul20]

      (a) Where an employee is domiciled in the Territory of Christmas Island and is not entitled to air travel under clause 24.6(f),that employee is entitled to an annual return airfare for themselves and their spouse or de facto partner after 12 months’continuous service.

      (b) The airfare payable is the equivalent of a return economy airfare from Christmas Island to Perth.

      (c) Clause 24.7 ceases to operate on 31 December 2014.

25. Travelling time entitlements

[Varied by PR994519,PR515583,PR523003,PR536806,PR538792,PR544640,PR551729;25—Fares and travel patterns allowance renamed and substituted by PR715725 ppc 01Jul20]

25.1 Fares and travel pattern allowance

      (a) In recognition of the travel patterns and costs peculiar to the industry,which include mobility in employment and the nature of employment on construction work,an employee is to be paid an allowance of $17.43 per day for each day worked when the employee starts and finishes work on a construction site,or is required to perform prefabricated work in an open yard and is then required to erect or fix on-site.

      (b) An employee will not be entitled to the allowance in paragraph (a) on any day where the employer:

      (i) provides or offers to provide transport free of charge from the employee’s home to the place of work and return;or

      (ii) provides a fully maintained vehicle free of charge to the employee.

25.2 Travelling between construction sites

      An employee transferred from one site to another during working hours will be paid:

      (a) for the time spent in travelling;and

      (b) if the employer does not provide transport:

      (i) the reasonable cost of fares for public transport between construction sites;or

      (ii) where the employee uses their own vehicle the employee must be paid an allowance at the rate of $0.78 per kilometre.

25.3 Travelling outside ordinary hours

      Time spent travelling from an employee’s home to their job and return outside ordinary hours will be unpaid unless the employer directs the employee to pick up and return other employees to their homes.

25.4 Distant work payment

      (a) If an employee is required to travel to a construction site that is:

      (i) not located in a metropolitan radial area in which the employee’s usual place of residence is located;and

      (ii) more than 50 kms by road from the employee’s usual place of residence;

      the employee will be entitled to the distant work payment in paragraph (b) in addition to the allowance in clause 25.1.

      (b) The distant work payment is:

      (i) payment for the time outside ordinary working hours reasonably spent in travel,paid at the ordinary time hourly rate,calculated to the next quarter of an hour,and with a minimum payment of one half an hour per day for each return journey;and

      (ii) any expenses necessarily and reasonably incurred in such travel,which will be $0.47 per kilometre where the employee uses their own vehicle.

      (c) Despite paragraph (a),the distant work payment is not payable when,at the commencement of employment,the employee’s usual place of residence was more than 50km by road from the construction site on which the employee was initially engaged.

      (d) In this subclause,a metropolitan radial area is the area within a radius of 50 kilometres of:

      (i) the GPO of a capital city of a State or Territory;or

      (ii) the principal post office in a regional city or town in a State or Territory.

25.5 Apprentices

      (a) An apprentice will be entitled to a proportion of the allowances prescribed in clauses 25.1 and 25.4 in accordance with the following scale:

      (i) on the first year rate—75% of the amount prescribed;

      (ii) on the second year rate—85% of the amount prescribed;

      (iii) on the third year rate—90% of the amount prescribed;

      (iv) on the fourth year rate—95% of the amount prescribed.

      (b) An apprentice will not be paid the allowance in clause 25.5(a) for the days they attend an RTO for training and assessment in accordance with the contract of training.

      (c) When a school-based apprentice attends off-the-job training or assessment not at the school at which they are enrolled they will receive 25% of the allowance prescribed in clause 25.1.

25.6 Adjustment of allowances

26. District allowances

[26 varied by PR994519;deleted by PR561478 ppc 05Mar15]

27. Accident pay

[Varied by PR994519,PR503624;27 deleted by PR561478 ppc 05Mar15;new 27 inserted by PR571818 ppc 15Oct15]

27.1 This clause commences on 15 October 2015.

27.2 The employer must pay an employee accident pay.

27.3 Subject to the relevant workers’compensation claim being accepted,accident pay is payable from the time of the injury for which workers’compensation is paid for a total of 26 weeks in respect to the employee’s incapacity from that injury,regardless of whether the incapacity is in one continuous period or not.

27.4 The termination of the employee’s employment for any reason whilst the employee is receiving accident pay will not affect the liability of the employer to pay accident pay in accordance with clause 27.3.

27.5 Where an employee receives a lump sum payment in lieu of weekly payments under the applicable workers’compensation legislation,the liability of the employer to pay accident pay will cease from the date of receipt of the lump sum by the employee.

27.6 If an employer has a scheme for the payment of accident pay that contains provisions generally not less favourable to employees than the provisions of this clause,the employer may apply to the Fair Work Commission for that scheme to apply instead of this clause.

27.7 For a casual employee the weekly payment as defined in clause 3.1 will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or,if the employee has been employed for less than 12 months by the employer,the employee’s average weekly ordinary hours over the period of employment with the employer. The weekly payment will include casual loading but will not include over award payments,shift loadings and overtime.

27.8 If an employee entitled to accident pay under this clause returns to work on reduced hours or modified duties,the amount of accident pay due will be reduced by any amounts paid for the performance of such work.

27.9 For the avoidance of doubt,an employee will not be entitled to any payment under this clause in respect of any period of workers’compensation where the statutory payment for the period exceeds the amount the employee would have received for working ordinary time hours for the same period.

28. National training wage

[Varied by PR988410,PR997900,PR509051,PR522882,PR536685,PR538792,PR551608,PR566688,PR579781,PR592116,PR606344,PR707430,substituted by PR715725 ppc 01Jul20;corrected by PR720483,PR720565;varied by PR718837]

28.1 The provisions of Schedule C will apply in respect of traineeships,save that the following minimum wage rates will apply instead of those within clause C.5.1 of Schedule C.

28.2 Civil construction traineeships

[28.2 varied by PR718837 ppc 01Nov20

      The minimum weekly rate payable to civil construction trainees will be as follows:

    Item

    Stage 1

    Stage 2

    Stage 3

     

    $

    $

    $

    Base rate

    681.70

    723.50

    773.60

    Industry allowance

    52.66

    52.66

    52.66

    Total weekly rate

    734.36

    776.16

    826.26

28.3 Other traineeships

[28.3(a) corrected by PR720565;varied by PR718837 ppc 01Nov20]

      (a) Rates of pay for trainees in the general building and construction industry and the metal and engineering construction industry will be as follows:

    Item

    Skill level B

    Skill level A

     

    $

    $

    Base rate

    595.00

    613.00

    Industry allowance

    52.66

    52.66

    Weekly rate

    647.66

    665.66

[28.3(b) varied by PR718837 ppc 01Nov20]

      (b) Rates of pay for trainees in the residential building and construction industry will be as follows:

    Item

    Skill level B

    Skill level A

     

    $

    $

    Base rate

    595.00

    613.00

    Industry allowance

    42.12

    42.12

    Weekly rate

    637.12

    655.12

      (c) All other disability and expense related allowances provided for in this award will be payable to trainees from time to time,if applicable,but no other allowances will apply.

29. School-based apprenticeship

[Varied by PR988410]

See Schedule D

30. Higher duties

An employee engaged for more than two hours,during one day on duties carrying a higher rate than the employee’s ordinary classification,must be paid the higher rate for the whole day. Otherwise the employee must be paid the higher rate for the time so worked.

31. Payment of wages

[Varied by PR995980,PR503624]

31.1 All wages,allowances and other monies must be paid in cash,or by cheque,bank cheque,electronic funds transfer (EFT) or similar transfer or any combination.

31.2 An employee paid by cheque must be allowed reasonable time,as agreed between the employer and the employee,to attend the branch of the employee’s bank nearest the workplace to cash cheques during working hours.

[31.3 substituted by PR995980,PR503624 ppc 01Jan11]

31.3 Payments must be paid and available to the employee not later than the end of ordinary hours of work on Thursday of each working week. Where an employer made payment less frequently in compliance with a relevant award or award-based transitional instrument,prior to the making of this award on 1 January 2010,or where an employer made payment less frequently in compliance with a Division 2B State award,prior to 1 January 2011,the employer may continue to make payment at that frequency,subject to the agreement of employees and/or a majority of employees if required by the relevant award,award-based transitional instrument or Division 2B State award.

31.4 When notice is given,all monies due to the employee must be paid at the time of termination of employment. Where this is not practicable,the employer will have two working days to send monies due to the employee by registered post (or where paid by EFT the monies are transferred into the employee’s account).

31.5 If an employee is paid wages by cash or cheque and is kept waiting for their wages more than a quarter of an hour after the usual time of finishing work on pay day (for reasons other than circumstances beyond the control of the employer),the employee is to be paid at overtime rates after that quarter of an hour for the period they are kept waiting,with a minimum payment of a quarter of an hour.

32. Superannuation

[Varied by PR994519,PR530215,PR545987]

32.1 Superannuation legislation

      (a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies.

      (b) The rights and obligations in these clauses supplement those in superannuation legislation.

32.2 Employer contributions

      (a) An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

32.3 Voluntary employee contributions

      (a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 32.2.

      (b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’written notice to their employer.

      (c) The employer must pay the amount authorised under paragraph clauses 32.3(a) or 32.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 32.3(a) or 32.3(b) was made.

32.4 Superannuation fund

[32.4 varied by PR994519 from 01Jan10]

      Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 32.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 32.2 and pay the amount authorised under clauses 32.3(a) or 32.3(b) to one of the following superannuation funds or its successor:

      (a) Construction and Building Industry Super (Cbus);

      (b) Building Unions Superannuation (Queensland) (BUSS(Q));

[32.4(c) deleted by PR545987 ppc 01Jan14]

[32.4(d) renumbered as 32.4(c) by PR545987 ppc 01Jan14]

      (c) AUST(Q);

[32.4(e) renumbered as 32.4(d) by PR545987 ppc 01Jan14]

      (d) AustralianSuper;

[32.4(f) substituted by PR530215 ppc 26Oct12;32.4(f) renumbered as 32.4(e) by PR545987 ppc 01Jan14]

      (e) CareSuper;

[32.4(g) renumbered as 32.4(f) by PR545987 ppc 01Jan14]

      (f) Tasplan;

[32.4(h) deleted by PR545987 ppc 01Jan14]

[32.4(i) deleted by PR545987 ppc 01Jan14]

[32.4(j) deleted by PR545987 ppc 01Jan14]

[32.4(k) renumbered as 32.4(g) by PR545987 ppc 01Jan14]

      (g) SunSuper;

[32.4(l) renumbered as 32.4(h) by PR545987 ppc 01Jan14]

      (h) Statewide Superannuation Trust;

[32.4(m) renumbered as 32.4(i) and varied by PR545987 ppc 01Jan14]

      (i) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008,provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector scheme;or

[New 32.4(j) inserted by PR545987 ppc 01Jan14]

      (j) a superannuation fund or scheme which the employee is a defined benefit member of.

32.5 Absence from work

      Subject to the governing rules of the relevant superannuation fund,the employer must also make the superannuation contributions provided for in clause 32.1(a) and pay the amount authorised under clauses 32.3(a) or (b):

      (a) Paid leave—while the employee is on any paid leave;

      (b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

      (i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements;and

      (ii) the employee remains employed by the employer.

Part 5—Hours of Work and Related Matters

33. Ordinary hours of work

34. Shiftwork

35. Meal breaks

36. Overtime

37. Penalty rates

37A. Requests for flexible working arrangements

33. Ordinary hours of work

[Varied by PR994519;substituted by PR715725 ppc 01Jul20,corrected by PR720483 ppc 01Jul20]

33.1 Except as provided in clause 34Shiftwork,the ordinary working hours will be 38 per week (averaged over a 20 day four week cycle to allow for the accrual and taking of rostered days off (RDO)),worked between 7.00am and 6.00pm Monday to Friday in accordance with the following procedures:

      (a) Hours of work and accrual towards rostered days off

      Ordinary working hours will be eight hours in duration each day,of which 0.4 of one hour of each day worked will accrue towards a RDO and 7.6 hours will be paid. An employee will therefore accrue 7.6 hours towards a RDO each 19 days of ordinary hours worked.

      (b) Accrual towards an RDO on days not worked

      An employee will accrue 0.4 of one hour of each day towards a RDO for any public holiday where an employee is not required to work and for each day of paid leave taken. This will not apply on a day an employee takes a RDO.

      (c) Taking the accrued RDO

      (i) An accrued RDO will be taken in one of the following ways:

        ●on one day during a 20 day four week cycle on which all employees will take a RDO in accordance with a written roster fixed by the employer and issued 7 days before the commencement of that cycle;or

        ●on a day during a 20 day four week cycle during which particular employees will take their RDOs on different days in accordance with a written roster fixed by the employer and issued 7 days before the commencement of that cycle;or

        ●by any other method that is agreed by the employer and a majority of that employer’s employees and recorded in writing.

      (ii) The means by which a written roster under clause 33.1(c) may be issued include but are not limited to the following:

        ●by giving an employee a copy of the written roster;or

        ●by placing a copy of the written roster on the notice board(s) at the workplace;or

        ●by sending the written roster to the employee by post in a prepaid envelope to an employee’s usual residential or postal address,by facsimile transmission,or by email or other electronic means;or

        ●by any other means agreed to by the employer and employee.

[33.1(c)(iii) corrected by PR720483 ppc 01Jul20]

      (iii) A roster issued in accordance with clause 33.1(c)(i) must not require an employee to take an RDO on a day that is a public holiday.

      (d) RDO banking

      An employee and the employer may agree to allow the employee to bank an accrued RDO that would otherwise be taken under one of the ways fixed under subclause 33.1(c)(i) and in that event the following will apply:

      (i) The number of accrued RDOs banked must not exceed five at any time.

      (ii) If an accrued RDO is banked,an employee is required to work on the day the employee’s RDO was otherwise fixed under clause 33.1(c)(i). In that event subclause 33.1(e) does not apply.

      (iii) An accrued RDO that is banked will be taken on a day that is agreed between employer and the employee and on which ordinary working hours may be worked. An employer must not unreasonably withhold agreement for an employee to take a banked RDO on a particular day requested by the employee.

      (iv) The employer must maintain a record of:

        ●the number of accrued RDOs banked by each employee;and

        ●the date on which each employee takes a banked accrued RDO.

      (e) Requirement to work on a day that is a RDO

      (i) The employer may require an employee to work on an RDO that is fixed in accordance with clause 33.1(c)(i) by agreement with the employee,or upon the provision of not less than 48 hours’notice where the work to be performed is necessary because of unforeseen delays to a particular project or a section of it or any other reasons arising from unforeseen or emergency circumstances on a project.

      (ii) An employee who works on a day rostered for the taking of a RDO in accordance with 33.1(e)(i) will be paid penalty rates as prescribed for Saturday work in clause 37Penalty rates,and will retain the accrued RDO.

      (f) Entitlement on termination of employment

      If an employee’s employment is terminated for any reason then,in addition to any other payment to which the employee becomes entitled the employer must pay to the employee:

      (i) an amount equal to the payment the employee would have received had the employee taken any accrued RDO yet to be taken and any banked accrued RDO;and

      (ii) an amount equal to the payment the employee would have received had the employee taken an RDO for the period representing the number of hours and minutes that have accrued towards an RDO.

33.2 Agreement on working other than the rostered day off cycle

      Where an employer and the majority of employees employed at a particular enterprise agree that due to the nature of an employer’s operations it is not practicable for an employee to be provided with an RDO in each four week cycle,they may agree to an alternate method of arranging working hours,provided that the ordinary hours worked in any one week from Monday to Friday are within the spread of hours set out in clause 33.1 and that no more than eight ordinary hours are worked in any one day. Any such agreement shall be recorded in writing.

33.3 Hours of work—part-time employees

      (a) The daily ordinary hours of work of a part-time employee shall not exceed 8 hours.

      (b) Notwithstanding the provisions of this clause and clause 34Shiftwork,an employee working on a part-time basis may be paid for actual hours worked and in such instances the employee will not be entitled to accrue time towards an RDO.

      (c) An employer and employee may agree that the part-time employee accrues time towards an RDO as provided by this clause and clause 34Shiftwork. In such instances,the part-time employee will accrue pro rata entitlements to rostered days off in accordance with subclause 33.1(a).

33.4 Hours of work—casual employees

      The daily ordinary hours of work of a casual employee shall not exceed 8 hours.

33.5 Other conditions for working ordinary hours

      (a) Early starts

      The working day may start at 6.00am or at any time between that hour and 8.00am and the working time will then begin to run from the time so fixed,with a consequential adjustment to the meal cessation period. The change to the start time requires agreement between the employer and the employees and their representative(s),if requested.

      (b) Washing time

      The employer will provide sufficient facilities for washing and five minutes will be allowed before lunch and before finishing time to enable employees to wash and put away gear.

      (c) Work in compressed air and underground

      The working hours of employees working in compressed air or underground shall be subject to any applicable safety standards.

34. Shiftwork

[Varied by PR538792,PR715725]

34.1 General building and construction and metal and engineering construction sectors

      (a) Definitions

[34.1(a) substituted by PR538792 ppc 15Jul13;varied by PR715725 ppc 01Jul20]

      For the purposes of this clause:

      afternoon shift means a shift commencing at or after 1.00 pm and before 3.00 pm

      night shift means a shift commencing at or after 3.00 pm and before 11.00 pm

      early morning shift means a shift commencing at or after 11.00 pm and before 4.30 am

      morning shift means a shift commencing at or after 4.30 am and before 6.00 am

      early afternoon shift means a shift commencing on or after 11.00 am and before 1.00 pm.

[34.1(b) substituted by PR538792 ppc 15Jul13]

      (b) When an employee is employed continuously (inclusive of public holidays) for five shifts Monday to Friday,the following rates will apply:

[34.1(b)(i) substituted by PR715725 ppc 01Jul20]

      (i) afternoon,night and early morning shift—ordinary time hourly rate plus 50%

      (ii) morning and early afternoon shifts—ordinary time hourly rate plus 25%

      (c) Where a job finishes after proceeding on shiftwork for more than five consecutive days or the employer terminates the employee’s services during the week,the employee must be paid at the rate specified in clause 34.1(b) for the time actually worked.

[34.1(d) substituted by PR538792 ppc 15Jul13]

      (d) In the case of broken shifts (i.e. less than 38 ordinary hours worked over five consecutive shifts Monday to Friday) the rates prescribed will be time and a half for the first two hours and double time thereafter.

[34.1(e) substituted by PR538792 ppc 15Jul13]

      (e) The ordinary hours of morning,early afternoon,afternoon and night shift will be eight hours daily inclusive of meal breaks. Provided where shiftwork comprises three continuous and consecutive shifts of eight hours each per day,that 24 minutes of each shift will accrue towards a rostered off shift and a crib time of 20 minutes duration will be allowed on each shift,and will be paid for as though worked. Such crib time will be instead of any other rest period or cessation of work elsewhere prescribed by this award.

      (f) An employee must be given at least 48 hours’notice of the requirement to work shiftwork.

[34.1(g) substituted by PR538792 ppc 15Jul13]

      (g) The hours for shiftworkers,when fixed,must not be altered except for breakdowns or other causes beyond the control of the employer,provided that notice of such alteration must be given to the employee not later than the ceasing time of their previous shift.

      (h) For all work performed on a Saturday or Sunday,the normal rates of pay applicable to weekend overtime must apply. Provided that an ordinary night shift commencing before and extending beyond midnight Friday,will be regarded as a Friday shift.

[34.1(i) substituted by PR538792 ppc 15Jul13]

      (i) All work in excess of shift hours,Monday to Friday,other than holidays must be paid for at double time (excluding shift rates).

      (j) The provisions of this award relating to hours of work and leave will apply to employees working shiftwork.

34.2 Civil construction sector

      (a) Definitions

      For the purpose of this clause:

      shiftwork means any system of work in which operations are being continued by the employment of a group of employees upon work on which another group had been engaged previously

      day shift means any shift starting on or after 6.00 am and before 10.00 am

      afternoon shift means any shift starting at or after 10.00 am and before 8.00 pm

      night shift means any shift starting at or after 8.00 pm and before 6.00 am

      rostered shift means a shift of which the employee concerned has had at least 48 hours notice.

      (b) Roster

      Shifts must be worked according to a roster which will:

      (i) provide for rotation of shifts unless all the employees concerned agree otherwise;

      (ii) provide for not more than eight shifts to be worked in any nine consecutive days;and

      (iii) specify the commencing and finishing times of each shift.

      (c) Ordinary hours

      (i) The ordinary hours of work for shiftworkers will not exceed an average of 38 per week over a cycle of two,three or four weeks.

      (ii) A shift will consist of not more than eight consecutive hours inclusive of a crib time of 30 minutes which will be counted as time worked.

      (d) Rostered off shift

      Twenty-four minutes of each eight hour shift worked during a shift cycle will accrue as an entitlement to take a rostered off shift after each 19 shifts worked. The rostered off shift will be paid for as though worked.

      (e) Paid leave

      Each day of paid leave taken and any public holiday occurring during any shift cycle will be regarded as a shift worked for accrual purposes.

      (f) Pro rata accrued entitlements

      A shiftworker who has not worked or is not regarded by reason of clause 34.2(e) as having worked a complete shift cycle will receive pro rata accrued entitlements for each shift worked or regarded as having been worked in that cycle. Such pro rata entitlements will be payable for the rostered off shift or,in the case of termination of employment,on such termination.

      (g) Taking of rostered off shifts

      The employer and employees concerned will agree in writing upon arrangements for the taking of rostered off shifts or for their accumulation. Such accumulation will be limited to not more than five shifts before they are taken as rostered off shifts. When rostered off shifts are taken they will be regarded as shifts worked for accrual purposes in the particular shift cycle in which they are taken.

      (h) Work on a rostered off shift

      The rostered off shift prescribed by this clause will be taken as a paid shift off. Provided that where an employer for emergency reasons requires an employee to work on their rostered off shift the employee will,in addition to their accrued entitlements,be paid at overtime rates for all work performed on the rostered off shift.

      (i) Overtime

      All time worked by a shiftworker in excess of or outside the ordinary hours (inclusive of time worked for accrual purposes),or on a shift other than a rostered shift,must be paid for at the rate of double time. Provided that this will not apply when the overtime is worked by arrangements between the employees themselves or for the purpose of effecting the customary rotation of shifts.

[34.2(j) substituted by PR538792 ppc 15Jul13]

      (j) Shift allowances

      A shiftworker whilst on afternoon or night shift other than on a Saturday,Sunday or holiday must be paid their ordinary time hourly rate plus 15%.

      (k) Saturdays

      Employees working shifts between midnight on Friday and midnight on Saturday must be paid at the minimum rate of time and a half for ordinary hours of work inclusive of time worked for accrual purposes as prescribed in clause 34.2(e).

      (l) Sundays and holidays

      Subject to this clause,the provisions of clause 41Public holidays,will apply to shiftworkers. Where shifts commence between 11.00 pm and midnight on a Sunday or holiday,the time so worked before midnight will not entitle the employee to the Sunday or holiday rate;provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday will be regarded as time worked on such Sunday or holiday. Where shifts fall partly on a Sunday or a holiday that shift,the major portion of which falls on a Sunday or a holiday,will be regarded as the Sunday or holiday shift.

      (m) Five successive shifts

      Shiftworkers who work on any afternoon or night shift which does not continue for at least five successive afternoons or nights will be paid at the rate of time and a half for all ordinary time occurring during such shift.

[34.2(n) substituted by PR538792 ppc 15Jul13]

      (n) Permanent night shift

      An employee who (except at their own request pursuant to clause 34.2(b)(i)):

      (i) during a period of engagement on shift,works night shift only;or

      (ii) remains on a night shift for a longer period than four successive weeks;or

      (iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each cycle;

      must,during such engagement,period or cycle be paid their ordinary time hourly rate plus 30% for all time worked during ordinary working hours on such night shift.

[34.2(o) substituted by PR538792 ppc 15Jul13]

      (o) Call outs

      A shiftworker called out to work after the expiration of their customary working time and after they have left work for the shift,or is called out to work on a day on which they are rostered off,must be paid for a minimum of three hours work calculated at double time for each occasion the shiftworker is called out. Provided that if called out on a public holiday,payment must be calculated at the rate prescribed in clause 37.9 of this award.

      (p) Transport after overtime

      When a shiftworker,after having worked overtime or a shift for which they have not been regularly rostered,finishes work at a time when reasonable means of transport are not available,the employer will provide the shiftworker with transport to their usual place of residence or to the nearest appropriate public transport.

35. Meal breaks

[Varied by PR715725]

35.1 Meal break—day workers

      (a) There must be a cessation of work and of working time,for the purpose of a meal on each day,of no less than 30 minutes,to be taken between noon and 1.00 pm,or as otherwise agreed between an employer and a majority of employees,provided that an employee must not be required to work more than five hours without a break for a meal.

      (b) Where,because of the area or location of a project,the majority of on-site employees on the project request,and agreement is reached,the period of the meal break may be extended to not more than 45 minutes with a consequential adjustment to the daily time of finishing of work.

35.2 Meal break—shiftworkers

      At no later than five hours after the commencement of each shift there must be a cessation of work of 30 minutes duration to allow shiftworkers to take a meal break which will be counted as time worked.

35.3 Rest periods and crib time

      (a) There must be allowed,without deduction of pay,a rest period of 10 minutes between 9.00 am and 11.00 am.

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

      (c) For the purposes of this subclause,usual finishing time is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clauses 33Ordinary hours of work,and 34Shiftwork.

      (d) Where shiftwork comprises three continuous and consecutive shifts of eight hours per day inclusive of time worked for accrual purposes as prescribed in clauses 33Ordinary hours of work and 34Shiftwork,a crib time of 20 minutes in duration must be allowed without deduction of pay in each shift. Such crib time in each shift will be instead of any other rest period or cessation of work elsewhere prescribed by this award.

[35.3(e) varied by PR715725 ppc 01Jul20]

      (e) The provisions of clauses 35.3(b) and 35.3(d) will not be applicable to the case of an employee who is allowed the rest periods prescribed in clauses 35.6 and 35.7.

35.4 Working with toxic materials

      Where an employee is using toxic materials and such work continues to the employee’s meal break,the employee will be entitled to take washing time of 10 minutes immediately prior to the meal break. Where this work continues to the finishing time of the day or is finalised at any time prior to the finishing time of the day,washing time of 10 minutes will be granted. The washing time break or breaks will be counted as time worked.

35.5 Shaft or trench sinkers,etc.

      Where shaft or trench sinkers or timberpersons are working at a depth of over 1.8 metres and where employees are driving at any depth in a tunnel or are engaged on similar work,the prescribed ordinary hours will include a daily crib time of 30 minutes which will be counted as time worked.

35.6 Hot work

[35.6 inserted by PR715725 ppc 01Jul20]

      Where an employee works for more than two hours in a place where the temperature has been raised by artificial means to 46 degrees Celsius and above,the employee is entitled to 20 minutes rest after every two hours work without loss of pay.

35.7 Cold work

[35.7 inserted by PR715725 ppc 01Jul20]

      Where an employee works for more than two hours in a place where the temperature is lowered by artificial means to less than 0 degrees Celsius,the employee is entitled to 20 minutes rest after every two hours work without loss of pay.

36. Overtime

[Varied by PR538792,PR544640,PR710995,PR715725]

36.1 Reasonable overtime

[36.1 renamed and substituted by PR710995 ppc 30Aug19]

      (a) Subject to s.62 of the Act and this clause,an employer may require an employee to work reasonable overtime hours at overtime rates.

      (b) An employee may refuse to work overtime hours if they are unreasonable.

      (c) In determining whether overtime hours are reasonable or unreasonable for the purpose of this clause the following must be taken into account:

      (i) any risk to employee health and safety from working the additional hours;

      (ii) the employee’s personal circumstances,including family responsibilities;

      (iii) the needs of the workplace or enterprise in which the employee is employed;

      (iv) whether the employee is entitled to receive overtime payments,penalty rates or other compensation for,or a level of remuneration that reflects an expectation of,working additional hours;

      (v) any notice given by the employer of any request or requirement to work the additional hours;

      (vi) any notice given by the employee of his or her intention to refuse to work the additional hours;

      (vii) the usual patterns of work in the industry,or the part of an industry,in which the employee works;

      (viii) the nature of the employee’s role,and the employee’s level of responsibility;and

      (ix) any other relevant matter.

36.2 All time worked beyond an employee’s ordinary time of work (inclusive of time worked for accrual purposes as prescribed in clauses 33Ordinary hours of work and 34Shiftwork),Monday to Friday,must be paid for at the rate of time and a half for the first two hours and at double time thereafter.

36.3 An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) must be paid for a minimum of three hours’work at the appropriate rates for each time the employee is so recalled. The employee will not be required to work the full three hours if the job the employee was recalled to perform is completed within a shorter period,unless unforeseen circumstances arise.

36.4 Clause 36.3 will not apply in cases where it is customary for an employee to return to the employer’s premises to perform a specific job outside ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

[36.5 substituted by PR538792 ppc 15Jul13]

36.5 If an employer requires an employee to work during the time prescribed by clause 35.1 for finishing of work,the employee must be paid at the rate of double time for the period worked between the prescribed time of finishing and the beginning of the time allowed in substitution for the meal break. If the finishing time is shortened at the request of the employee to the minimum of 30 minutes prescribed in clause 35.1 or to any other extent (not being less than 30 minutes) the employer will not be required to pay more than the ordinary time hourly rate of pay for the time worked as a result of such shortening,but such time will form part of the ordinary working time of the day.

36.6 No employee under the age of 18 years will be required to work overtime or shiftwork.

[36.7 substituted by PR544640 ppc 01Jan14]

36.7 Except in an emergency,no trainee will work or be required to work overtime or shiftwork at times which would prevent the employee’s attendance at a Registered Training Organisation,as required by any statute,award or regulation.

[Note inserted by PR715725 ppc 01Jul20]

      NOTE:overtime and shiftwork for apprentices are dealt with in clause 15.3.

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

36.9 An employee who works so much overtime:

      (a) between the termination of the employee’s ordinary work day or shift,and the commencement of the employee’s ordinary work in the next day or shift that the employee has not had at least 10 consecutive hours off duty between these times;or

      (b) on Saturdays,Sundays and holidays (not being ordinary working days) or on a rostered day off,without having had 10 consecutive hours off duty in the 24 hours preceding the employee’s ordinary commencing time on the next ordinary day or shift;

      must be released after completion of such overtime until the employee has had 10 hours off duty without loss of pay for ordinary working time occurring during such absence.

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

36.11 If,on the instructions of the employer,an employee resumes or continues to work without having had 10 consecutive hours off duty,the employee must be paid at double time until the employee is released from duty for such period and will then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

36.12 The provisions of this subclause will apply in the case of shiftworkers as if eight hours were substituted for 10 hours when overtime is worked:

      (a) for the purpose of changing shift rosters;or

      (b) where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace such shiftworker;or

      (c) where a shift is worked by arrangement between the employees themselves.

36.13 All work performed on any of the holidays prescribed by the NES or substituted instead thereof,must be paid for at the rate of double time and a half.

36.14 The provisions of clauses 36.8 and 36.9 must apply in respect of work on a holiday.

36.15 An employee required to work on a holiday must be afforded at least four hours’work or be paid for four hours at the appropriate rate.

36.16 All work performed on a Saturday or a Sunday will be paid in accordance with clause 37Penalty rates.

36.17 Time off instead of payment for overtime

[36.17 inserted by PR715725 ppc 01Mar20]

      (a) Clause 36.17 does not apply to daily hire employees or casual employees.

      (b) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

      (c) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 36.17.

      (d) An agreement must state each of the following:

      (i) the number of overtime hours to which it applies and when those hours were worked;

      (ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

      (iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked;

      (iv) that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request.

      Note:An example of the type of agreement required by this clause is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H. An agreement under clause 36.17 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

      (e) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

      EXAMPLE:By making an agreement under clause 36.17 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

      (f) Time off must be taken:

      (i) within the period of 6 months after the overtime is worked;and

      (ii) at a time or times within that period of 6 months agreed by the employee and employer.

      (g) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 36.17 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

      (h) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (f),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.

      (i) The employer must keep a copy of any agreement under clause 36.17 as an employee record.

      (j) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.

      (k) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 36.17 will apply,including the requirement for separate written agreements under paragraph (c) for overtime that has been worked.

      Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

      (l) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 36.17 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 36.17.

37. Penalty rates

[Varied by PR538792]

37.1 Overtime worked on Saturday must 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 must be paid for at the rate of double time.

37.2 An employee required to work overtime on a Saturday must be afforded at least three hours’work or be paid for three hours at the appropriate rate.

37.3 All work performed on the Saturday following Good Friday must be paid for at the rate of double time and a half.

37.4 An employee required to work on the Saturday following Good Friday must be afforded at least four hours’work or be paid for four hours at the appropriate rate.

37.5 All time worked on Sundays must be paid for at the rate of double time. An employee required to work overtime on a Sunday must be afforded at least four hours’work or be paid for four hours at the appropriate rate.

[37.6 substituted by PR538792 ppc 15Jul13]

37.6 An employee working overtime on Saturday or Sunday must be allowed a paid rest period of 10 minutes between 9.00 am and 11.00 am. This provision operates in place of clause 35.3(a).

[37.7 substituted by PR538792 ppc 15Jul13]

37.7 An employee working overtime on a Saturday or working on a Sunday must be allowed a paid crib time of 20 minutes after four hours work,to be paid for at the ordinary time hourly rate of pay but this provision will not prevent any arrangements being made for the taking of a 30 minute meal period,the time in addition to the paid 20 minutes being without pay. This provision operates in place of clause 35.1(a).

[37.8 substituted by PR538792 ppc 15Jul13]

37.8 In the event of an employee being required to work in excess of a further four hours,the employee must be allowed to take a paid crib time of 30 minutes which will be paid at the ordinary time hourly rate of pay. This provision operates in place of clause 35.3(a) and (b).

37.9 All work performed on public holidays,or substituted days,must be paid for at the rate of double time and a half,subject to a minimum payment for four hours’work.

37A. Requests for flexible working arrangements

[37A inserted by PR701414 ppc 01Dec18]

37A.1 Employee may request change in working arrangements

      Clause 37A applies where an employee has made a request for a change in working arrangements under s.65 of the Act.

      Note 1:Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in s.65(1A).

      Note 2:An employer may only refuse a s.65 request for a change in working arrangements on ‘reasonable business grounds’(see s.65(5) and (5A)).

      Note 3:Clause 37A is an addition to s.65.

37A.2 Responding to the request

      Before responding to a request made under s.65,the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

      (a) the needs of the employee arising from their circumstances;

      (b) the consequences for the employee if changes in working arrangements are not made;and

      (c) any reasonable business grounds for refusing the request.

      Note 1:The employer must give the employee a written response to an employee’s s.65 request within 21 days,stating whether the employer grants or refuses the request (s.65(4)).

      Note 2:If the employer refuses the request,the written response must include details of the reasons for the refusal (s.65(6)).

37A.3 What the written response must include if the employer refuses the request

      Clause 37A.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 37A.2.

      (a) The written response under s.65(4) must include details of the reasons for the refusal,including the business ground or grounds for the refusal and how the ground or grounds apply.

      (b) If the employer and employee could not agree on a change in working arrangements under clause 37A.2,the written response under s.65(4) must:

      (i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances;and

      (ii) if the employer can offer the employee such changes in working arrangements,set out those changes in working arrangements.

37A.4 What the written response must include if a different change in working arrangements is agreed

      If the employer and the employee reached an agreement under clause 37A.2 on a change in working arrangements that differs from that initially requested by the employee,the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

37A.5 Dispute resolution

      Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 37A,can be dealt with under clause 9Dispute resolution.

Part 6—Leave and Public Holidays

38. Annual leave

39. Personal/carer’s leave and compassionate leave

40. Community service leave

41. Public holidays

41A. Leave to deal with Family and Domestic Violence

38. Annual leave

[Varied by PR994519,PR540979,PR582972,PR715725]

38.1 Leave entitlement

      (a) Annual leave is provided for in the NES.

      (b) For the purpose of the additional week of leave provided by the NES,a shiftworker means a continuous shiftworker as defined in this award.

38.2 Payment for annual leave

[38.2(a) varied by PR994519 from 01Jan10]

      (a) Instead of the base rate of pay as referred to in s.90(1) of the Act,an employee under this award,before going on annual leave,must be paid,in advance,the amount which they would have received for working ordinary time hours if they had not been on leave.

[38.2(b) substituted by PR540979,PR715725 ppc 01Jul20]

      (b) In addition to the amount prescribed in clause 38.2(a),an employee must be paid during a period of annual leave a loading of 17.5% calculated on that amount. This loading will also be payable on accrued leave paid out on termination of employment.

      (c) Instead of the payment in respect of annual leave loading provided for in clause 38.2(b),an employee who would have worked on shiftwork had they not been on leave and where the employee would have received shift loadings prescribed by clause 34Shiftwork,had they not been on leave during the relevant period and such loadings would have entitled them to a greater amount than the loading of 17.5%,then the shift loading as prescribed in clause 34 will be included in the rate of wage prescribed by clause 38.2(b) instead of the 17.5% loading.

      (d) Electronic funds transfer (EFT) payment of annual leave

[38.2(d) inserted by PR582972 ppc 29Jul16]

      Despite anything else in this clause,an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

38.3 Annual close down

      (a) An employer may direct an employee to take paid annual leave during all or part of a period in conjunction with the Christmas/New Year holidays,where the employer shuts down the business,part of the business,or a site where the employee works. If an employee does not have sufficient accrued annual leave for the period of the shutdown,then the employee may be required to take leave without pay for the balance of the shutdown period for which leave is not accrued.

      (b) Where an employer decides to utilise the provisions of clause 38.3(a) in respect of the Christmas/New Year period for the purpose of giving the whole of the annual leave due to all or the majority of their employees then qualified for such leave,the employer must give at least two months’notice to the affected employees.

38.4 Annual leave in advance

[38.4 inserted by PR582972 ppc 29Jul16]

      (a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

      (b) An agreement must:

      (i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

      (ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

      Note:An example of the type of agreement required by clause 38.4 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.

      (c) The employer must keep a copy of any agreement under clause 38.4 as an employee record.

      (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 38.4,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

38.5 Cashing out of annual leave

[38.5 inserted by PR582972 ppc 29Jul16]

      (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 38.5.

      (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 38.5.

      (c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

      (d) An agreement under clause 38.5 must state:

      (i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

      (ii) the date on which the payment is to be made.

      (e) An agreement under clause 38.5 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

      (f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

      (g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

      (h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

      (i) The employer must keep a copy of any agreement under clause 38.5 as an employee record.

      Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 38.5.

      Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 38.5.

      Note 3:An example of the type of agreement required by clause 38.5 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

38.6 Excessive leave accruals:general provision

[38.6 inserted by PR582972 ppc 29Jul16]

      Note:Clauses 38.6 to 38.8 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

      (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave (or 10 weeks’paid annual leave for a shiftworker,as defined by clause 38.1(b)).

      (b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

      (c) Clause 38.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

      (d) Clause 38.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

38.7 Excessive leave accruals:direction by employer that leave be taken

[38.7 inserted by PR582972 ppc 29Jul16]

      (a) If an employer has genuinely tried to reach agreement with an employee under clause 38.6(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

      (b) However,a direction by the employer under paragraph (a):

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 38.6,38.7 or 38.8 or otherwise agreed by the employer and employee) are taken into account;and

      (ii) must not require the employee to take any period of paid annual leave of less than one week;and

      (iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and

      (iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

      (c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect.

      (d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given.

      Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 38.7(b)(i).

      Note 2:Under section 88(2) of the Fair Work Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

38.8 Excessive leave accruals:request by employee for leave

[38.8 inserted by PR582972;substituted by PR582972 ppc 29Jul17]

      (a) If an employee has genuinely tried to reach agreement with an employer under clause 38.6(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

      (b) However,an employee may only give a notice to the employer under paragraph (a) if:

      (i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and

      (ii) the employee has not been given a direction under clause 38.7(a) that,when any other paid annual leave arrangements (whether made under clause 38.6,38.7 or 38.8 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

      (c) A notice given by an employee under paragraph (a) must not:

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 38.6,38.7 or 38.8 or otherwise agreed by the employer and employee) are taken into account;or

      (ii) provide for the employee to take any period of paid annual leave of less than one week;or

      (iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or

      (iv) be inconsistent with any leave arrangement agreed by the employer and employee.

      (d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 38.1(b)) in any period of 12 months.

      (e) The employer must grant paid annual leave requested by a notice under paragraph (a).

39. Personal/carer’s leave and compassionate leave

39.1 Personal/carer’s leave entitlements are provided for in the NES.

39.2 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 will continue from the date of re-engagement. In such case the employee’s next year of service will commence after a total of 12 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.

40. Community service leave

Community service leave is provided for in the NES.

41. Public holidays

[Varied by PR712189]

41.1 Public holidays are provided for in the NES.

[41.2 substituted by PR712189 ppc 04Oct19]

41.2 An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

[41.3 inserted by PR712189 ppc 04Oct19]

41.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

[Note inserted by PR712189 ppc 04Oct19]

NOTE: For provisions relating to part-day public holidays see Schedule E—Part-day Public Holidays.

41A. Leave to deal with Family and Domestic Violence

[41A inserted by PR609337 ppc 01Aug18]

41A.1 This clause applies to all employees,including casuals.

41A.2 Definitions

      (a) In this clause:

      family and domestic violence means violent,threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.

      family member means:

      (i) a spouse,de facto partner,child,parent,grandparent,grandchild or sibling of the employee;or

      (ii) a child,parent,grandparent,grandchild or sibling of a spouse or de facto partner of the employee;or

      (iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

      (b) A reference to a spouse or de facto partner in the definition of family member in clause 41A.2(a) includes a former spouse or de facto partner.

41A.3 Entitlement to unpaid leave

      An employee is entitled to 5 days’unpaid leave to deal with family and domestic violence,as follows:

      (a) the leave is available in full at the start of each 12 month period of the employee’s employment;and

      (b) the leave does not accumulate from year to year;and

      (c) is available in full to part-time and casual employees.

      Note:1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer.

      2. The employer and employee may agree that the employee may take more than 5 days’unpaid leave to deal with family and domestic violence.

41A.4 Taking unpaid leave

      An employee may take unpaid leave to deal with family and domestic violence if the employee:

      (a) is experiencing family and domestic violence;and

      (b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work.

      Note:The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation),attending urgent court hearings,or accessing police services.

41A.5 Service and continuity

      The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee’s continuity of service.

41A.6 Notice and evidence requirements

      (a) Notice

      An employee must give their employer notice of the taking of leave by the employee under clause 41A. The notice:

      (i) must be given to the employer as soon as practicable (which may be a time after the leave has started);and

      (ii) must advise the employer of the period,or expected period,of the leave.

      (b) Evidence

      An employee who has given their employer notice of the taking of leave under clause 41A must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 41A.4.

      Note:Depending on the circumstances such evidence may include a document issued by the police service,a court or a family violence support service,or a statutory declaration.

41A.7 Confidentiality

      (a) Employers must take steps to ensure information concerning any notice an employee has given,or evidence an employee has provided under clause 41A.6 is treated confidentially,as far as it is reasonably practicable to do so.

      (b) Nothing in clause 41A prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life,health or safety of the employee or another person.

      Note:Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

41A.8 Compliance

      An employee is not entitled to take leave under clause 41A unless the employee complies with clause 41A.

Part 7—Industry Specific Provisions

42. Lift industry

43. Forepersons and supervisors

42. Lift industry

[Varied by PR545013,PR715725,PR715725;corrected by PR720483]

42.1 These special conditions apply to electrical and metal tradespersons and their assistants who perform work in connection with the installation,major modernisation,servicing,repairing and/or maintenance of lifts and escalators.

42.2 Lift industry allowance

      (a) In addition to the weekly award rates specified in clause 19.1,employees must be paid an amount of 14.8% of the standard rate per week as a lift industry allowance in consideration of the peculiarities and disabilities associated with the installation,major modernisation,servicing,repairing and/or maintenance of lifts and escalators and in recognition of the fact that employees engaged in such work may be required to perform,and/or assist to perform,any of such work.

[42.2(b) substituted by PR545013 ppc 01Jan14]

      (b) Apprentices must be paid the following proportion of the appropriate lift industry allowance as follows:

    Year of apprenticeship

    % of allowance

    First year of apprenticeship

    55

    Second year of apprenticeship

    65

    Third year of apprenticeship

    75

    Fourth year of apprenticeship

    90

[42.2(c) varied PR715725 ppc 01Jul20;corrected by PR720483 ppc 01Jul20]

      (c) An employee in receipt of the lift industry allowance prescribed by clause 42.2(a) will not be entitled to any of the special rates prescribed in clause 22.10.

      (d) An employee who is ordinarily engaged in the employer’s workshop and who,from time to time,is required to perform any of the work prescribed in clause 42.2(a) will,in respect of such work,be entitled to payment of a portion of the lift industry allowance in accordance with the provisions of clause 30Higher duties.

      (e) An electrical tradesperson who has performed work away from a workshop in connection with the installation,major modernisation,servicing repairing,and/or maintenance of lifts and escalators for a period of not less than two years will be classified as Electrician special class.

      (f) The amounts specified in this clause will be paid for all purposes.

42.3 Conditions of employment

[42.3 varied by PR715725 ppc 01Jul20]

      The provisions of the award will apply to employees covered by this clause excepting the provisions of clauses 21.3 and 22.7.

43. Forepersons and supervisors

[Varied by PR997900,PR509051,PR522882,PR536685,PR538792,PR551608,PR566688,PR579781,PR592116,PR606344,PR707430; substituted by PR715725 ppc 01Jul20;corrected by PR720483;varied by PR718837]

43.1 Application

      This clause applies to forepersons and supervisors in the metal and engineering construction sector covered by this award,but does not apply to any employer employing fewer than 30 employees.

43.2 Wages

[43.2 varied by PR718837 ppc 01Nov20;corrected by PR724130 ppc 01Nov20]

      The weekly minimum wage rate for forepersons and supervisors will be as follows:

    Classification

    Supervision of three or more tradespersons,excluding leading hands

    Supervision of other than three or more tradespersons,excluding leading hands

     

    $

    $

    Foreperson/supervisor

    942.50

    1021.70

    General foreperson/supervisor

    917.10

    1000.10

43.3 Definitions

      (a) Foreperson/supervisor shall mean an employee (other than a leading hand) appointed as such or required by his/her employer to be mainly engaged in the direct supervision of employees including those employed as leading hands,covered by this award.

[43.3(b) corrected by PR720483 ppc 01Jul20]

      (b) General foreperson/supervisor shall mean an employee appointed as such or required by his/her employer to be mainly engaged in the direct supervision and coordination of the work of at least two forepersons/supervisors as defined in clause 43.3(a) but shall not include site managers,nor departmental heads and the like.

[Part 8—Transitional Provisions deleted by PR988410 ppc 01Jan10]

Schedule A—Transitional Provisions

[new Sched A inserted by PR988410 ppc 01Jan10;varied by PR994519,PR503624]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

[A.1.2 varied by PR994519 from 01Jan10]

A.1.2 The provisions of this schedule are to be applied:

      (a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;

      (b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;

      (c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or

      (d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.

A.2 Minimum wages –existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

[A.2.1(b) substituted by PR994519 from 01Jan10]

      (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

      (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

      (b) a piecework rate;and

      (c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages –existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

[A.3.1(b) substituted by PR994519 from 01Jan10]

      (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

      (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

      (b) a piecework rate;and

      (c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

      For the purposes of this schedule loading or penalty means a:

      ●casual or part-time loading;

      ●Saturday,Sunday,public holiday,evening or other penalty;

      ●shift allowance/penalty.

A.5 Loadings and penalty rates –existing loading or penalty rate lower

[A.5.1 substituted by PR994519 from 01Jan10]

A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

      (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

[A.5.2 substituted by PR994519 from 01Jan10]

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates –existing loading or penalty rate higher

[A.6.1 substituted by PR994519 from 01Jan10]

A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

      (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.

[A.6.2 substituted by PR994519 from 01Jan10]

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

[A.6.3 substituted by PR994519 from 01Jan10]

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates –no existing loading or penalty rate

[A.7.1 varied by PR994519 from 01Jan10]

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

[A.7.3 varied by PR994519 from 01Jan10]

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

    First full pay period on or after

     

    1 July 2010

    20%

    1 July 2011

    40%

    1 July 2012

    60%

    1 July 2013

    80%

[A.7.4 inserted by PR994519 from 01Jan10]

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8 Former Division 2B employers

[A.8 inserted by PR503624 ppc 01Jan11]

A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—Classification Definitions

[Sched A renumbered as Sched B by PR988410;varied by PR994519,PR503624,PR516726,PR538792,PR539138]

B.1 Definition of key concepts and terms

B.1.1 Australian qualifications framework or AQF refers to the system of competency based training and certification.

B.1.2 Civil construction stream includes all related skills involved in earthmoving,plant operation and associated activity and does not extend beyond the scope of this award.

B.1.3 Engineering streams are defined as:

      (a) Electrical/electronic stream—including the design,assembly,manufacture,installation,modification,testing,fault finding,commissioning,maintenance and service of all electrical and electronic devices systems,equipment and controls,e.g. electrical wiring,motors,generators,PLCs and other electronic controls,instruments,refrigeration,telecommunications,radio and television,communication and information processing.

      (b) Mechanical stream—including the design,assembly,manufacture,installation,modification,testing,fault finding,commissioning,maintenance and service of all mechanical equipment,machinery,fluid power systems,automotive mechanics,instruments,refrigeration,and the use of related computer controlled equipment e.g. Computer Numeric Controlled machine tools.

      (c) Fabrication stream—including fabrication,forging,founding,structural steel erection,electroplating,metal spinning,metal polishing,sheet metal work and the use of related computer controlled equipment. This includes fabrication in all metals,plastics,carbon fibre,composite materials,ceramics and other materials.

B.1.4 Fields of work means a defined grouping of logically related skills based on an efficient organisation of work.

B.1.5 General construction stream includes all fields of work principally concerned with general building and construction,including the erection of new structures or buildings (including demolition and pre-construction) and fitout and finishing activities relating to newly constructed or existing buildings or structures,and does not extend beyond the scope of this award.

[B.1.6 varied by PR994519 from 01Jan10]

B.1.6 Industry accredited course or nationally accredited course is a course which has been constructed to reflect a group of standards which the CPSISC,the RIISC, the MSA or Ee-oz or other relevant Skills Council has endorsed as being appropriate combinations of skills to be available to the industry.

B.1.7 CPSISC means the Construction and Property Services Industry Skills Council. RIISC means the Resources and Infrastructure Industry Skills Council. MSA means Manufacturing Skills Australia. Ee-oz means the ElectroComms and Energy Utilities Industry Skills Council Ltd. CPSISC,RIISC,MSA and Ee-oz will be the recognised authorities (for the purposes of this schedule) responsible for developing competency standards for consideration and endorsement by the National Quality Council.

B.1.8 New entrant means an employee who has never previously worked within the on-site building construction industry. If there is any doubt as to the status of an employee in this regard,the following documentation may be regarded as prima facie evidence that an employee is not a new entrant:

      ●documentary evidence concerning registration with any of the construction industry portable long service leave schemes;or

      ●documentary evidence concerning contributions into an approved industry superannuation fund (e.g. Construction and Building Industry Super (Cbus)).

B.1.9 Recognition of Prior Learning or RPL means the formal recognition of skills attained through on-the-job experience and/or training and may include formal qualifications (such as overseas qualifications),which have up until now been unrecognised.

B.1.10 Self-directed WAT means a group of employees who work as a team to plan and execute functions relevant to their employers business. WATs are generally autonomous of direct managerial supervision and perform their tasks in a way which maximises productivity and the utilisation of skills.

B.1.11 Streams or skill streams means a broad grouping of skills related to a particular phase or aspect of production and does not extend beyond the scope of this award.

B.1.12 Supervision

      This subclause recognises two levels of supervision which are as follows:

      (a) General supervision applies to a person who:

      ●receives general instructions,usually covering only the broader technical aspects of the work;

      ●may be subject to progress checks but such checks are usually confined to ensuring that,in broad terms,satisfactory progress is being made;

      ●has their assignments reviewed on completion;and

      ●although technically competent and well experienced there may be occasions on which the person will receive more detailed instructions.

      (b) Limited supervision applies to a person who:

      ●receives only limited instructions normally confined to a clear statement of objectives;

      ●has their work usually measured in terms of the achievement of stated objectives;and

      ●is fully competent and very experienced in a technical sense and requires little guidance in the performance of work.

[B.1.13 substituted by PR538792 ppc 15Jul13]

B.1.13 Work in a technical field includes:

      ●Production planning,including scheduling,work study,and estimating materials,handling systems and like work;

      ●Technical,including inspection,quality control,supplier evaluation,laboratory,non-destructive testing,technical purchasing,and design and development work (prototypes,models,specifications) in both product and process areas and like work;and

      ●Design and draughting and like work.

B.1.14 Trade includes an employee who possesses as a minimum qualification a trade certificate in any of the streams (as defined).

B.2 Classifications and related issues

B.2.1 Construction worker level 1/Engineering construction worker level 1 (CW/ECW 1)

      (a) A CW/ECW 1 works under general supervision in one or more skill streams contained within this award. An employee at CW/ECW 1 (level d) will have:

      (i) successfully completed,in accordance with RPL principles,a construction skills test equivalent to the required competency standards;or

      (ii) successfully completed a relevant structured training program equivalent to the required competency standards;or

      (iii) successfully completed an Engineering Construction Industry Skills Certificate Level 1 consisting of 16 appropriate modules;or formally recognised equivalent accredited training so as to enable the employee to perform work within the scope of this level;or

      (iv) obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards

      CW/ECW 1 (level a)
      (new entrant)

      Upon commencement in the industry

      CW/ECW 1 (level b)

      After three months in the industry

      CW/ECW 1 (level c)

      After twelve months in the industry

      CW/ECW 1 (level d)

      Upon fulfilling the substantive requirements of Construction Worker 1/Engineering Construction Worker 1 as detailed above

      (b) An employee at the CW/ECW 1 (level d) performs work above and beyond the skills of an employee at CW/ECW 1 (level c) and to the level of their training and:

      ●is responsible for the quality of their own work subject to general supervision;

      ●works under general supervision either individually or in a team environment;

      ●exercises discretion within their level of skills and training;

      ●works in a safe manner;

      ●identifies basic faults in materials and equipment;

      ●interacts harmoniously with employees of other companies on-site;

      ●adapts to a changing work environment;

      ●communicates essential information;and

      ●works from instructions and procedures articulated in written,spoken and/or diagrammatic form.

      (c) Skills and duties

      (i) An employee at this level performs work to the extent of their skills,competence and training. Employees will acquire skills both formal and informal over time and with experience,and will undertake indicative tasks and duties within the scope of skills they possess.

      (ii) An employee at this level may be part of a self-directed WAT,and may be required to perform a range of duties across the skill streams contained within this award. An employee at this level:

        ●works from instructions and procedures;

        ●assists in the provision of on-the-job training to a limited degree;

        ●co-ordinates work in a team environment or works individually under general supervision;

        ●is responsible for assuring the quality of their own work;

        ●has a qualification in first aid.

      (d) Indicative tasks which an employee at this level may perform include the following:

      ●uses precision measuring instruments;

      ●basic material handling functions;

      ●operate small plant and pneumatic machinery;

      ●inventory and store control;

      ●operate a range of hand tools and oxy welding equipment;

      ●has a knowledge of the construction process and understands the sequencing of construction functions;

      ●is able to provide first aid assistance to other employees;

      ●sheet metal soldering;

      ●tack welding;

      ●operation of mobile equipment including forklifts,hand trolleys,pallet trucks,overhead cranes and winch operation;

      ●ability to measure accurately;

      ●assists one or more tradespersons;

      (e) The CW/ECW 1 classification incorporates the following broadbanded award classifications:

      ●Adult trainee terrazzo worker

      ●Aircon group 2

      ●Aircon group 3

      ●Aluminium alloy structural worker

      ●Assistant powder monkey

      ●Assistant rigger

      ●Bar bending machine operator

      ●Bitumen worker

      ●Builders’labourer group 4

      ●Cable jointer

      ●Cement gun operator

      ●Chainperson

      ●Concrete cutting or drilling machine operator

      ●Concrete floater

      ●Concrete formwork stripper

      ●Concrete gang worker

      ●Concrete gun or pump operator

      ●Cook’s offsider,work boat driver

      ●Crane chaser

      ●Demolition labourer

      ●Dresser and grinder

      ●Drilling machine operator

      ●Dump cart operator

      ●Employee directly assisting a tradesperson

      ●Erector (wire mesh)

      ●Fencer

      ●Gantry hand or crane hand

      ●General hand

      ●Geotextile/geomembrane worker level 1

      ●Insulator

      ●Ironworker on construction

      ●Jackhammerman

      ●Kerb and gutter layer

      ●Lagger 1st assembler B

      ●Lagger 2nd six months

      ●Landscape labourer

      ●Linesperson

      ●Machinist (precast concrete manufacture)

      ●Machinist grade 1

      ●Mess attendant,camp attendant

      ●Mixer driver (concrete)

      ●Mobile concrete pump hoseperson or line hand

      ●Mobile crane driver

      ●Painter brush hand

      ●Pick or shovelman

      ●Plasterer,terrazzo or stonemason’s assistant

      ●Roof layer (malthoid or similar material)

      ●Sheetmetal worker 2nd class

      ●Spray painter

      ●Steel erector

      ●Stonemason assistant—factory (Queensland and Tasmania)

      ●Terrazzo assistant

      ●Tool/material storeman

      ●Tradesperson’s labourer

      ●Welder 2nd class

      (f) An employee at this level may be undergoing training so as to qualify as a CW/ECW 1 (level d) or CW/ECW 2. Where possible,an employee at Levels 1 (level a),1 (level b) and 1 (level c) will be provided with access to accredited structured training approved by the relevant Skills Council.

B.2.2 Construction worker level 2/Engineering construction worker level 2 (CW/ECW 2)

      (a) A CW/ECW 2 works under limited supervision in one or more skill streams contained within this award. A CW/ECW 2 will:

      (i) have completed in accordance with RPL principles a Construction Skills Test equivalent to the required competency standards;or

      (ii) have completed relevant structured training equivalent to the required competency standards;or

      (iii) successfully completed an Engineering Construction Industry Certificate Level 2 consisting of a total of 20 appropriate modules,or formally recognised equivalent accredited training so as to enable the employee to perform work within the scope of this level;or

      (iv) obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard.

      (b) Skills and duties

      (i) An employee at this level performs work to the extent of their skills,competence and training. Employees will acquire skills both formal and informal over time and with experience,and will undertake indicative tasks and duties within the scope of skills they possess.

      (ii) An employee at this level may be part of a self-directed WAT and may be responsible for the supervision of one or more employees working at CW/ECW 1 level.

      (iii) An employee at this level:

        ●can interpret plans and drawings relevant to their functions;

        ●assists with the provision of on-the-job training;

        ●assumes responsibility for allocating tasks within a WAT within the area of the employee’s skill,competence and training;

        ●has some responsibility for the order and purchase of materials within defined parameters;

        ●is able to sequence functions relevant to the employee’s WAT;

        ●applies quality control techniques to the employee’s own work and other employees within the WAT;

        ●works from complex instructions and procedures;

        ●co-ordinates work in a team environment or works individually under general supervision;

        ●is responsible for assuring the quality of their work;

        ●works in a safe manner;

        ●exercises discretion within their level of training;

        ●understands the construction process in their sector and has a basic level of understanding of processes in other sectors;

        ●implements basic fault-finding and problem solving skills within the employee’s sphere of work;

        ●interacts harmoniously with employees of other companies on-site;

        ●anticipates and plans for changes to the work environment.

      (c) Indicative tasks which an employee at this level may perform include the following:

      ●calculates safe loads and stress factors;

      ●measures accurately using specialised equipment;

      ●non-trades maintenance of relevant plant and equipment;

      ●anticipates and plans for constant changes to the work environment.

      ●materials handling;

      ●operates machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee at CW/ECW 1 (level d);

      ●uses measuring and levelling instruments;

      ●performs basic quality checks on the work of others;

      ●oxy acetylene cutting.

      (d) The CW/ECW 2 classification incorporates the following broadbanded award classifications:

      ●Aircon group 1

      ●Concrete batching plant operator

      ●Concrete finisher

      ●Employee operating power driven portable saw

      ●Forklift over 4500kg

      ●Foundation shaftsworker

      ●Geotextile/geomembrane worker level 2

      ●Hoist or winch driver

      ●Landscaper

      ●Manhole builder

      ●Pitcher or beacher

      ●Powder monkey

      ●Scaffolder

      ●Spotter

      ●Steelfixer

      ●Storeman

      ●Tack welder

      ●Tool sharpener

      ●Traffic controller

      ●Wall builder

      (e) An employee at this level may be undergoing training so as to qualify as a CW/ECW 3.

B.2.3 Construction worker level 3/Engineering construction worker level 3 (Engineering construction tradesperson level 1) (CW/ECW 3)

      (a) A CW/ECW 3 works individually or in a team environment in one or more skill streams contained within this award. A CW/ECW 3 will:

      (i) have successfully completed a relevant trade apprenticeship or its AQF equivalent;or

      (ii) have successfully completed,in accordance with RPL principles,a Construction Skills Test for this level;or

      (iii) have successfully completed the required competency standards;or

      (iv) have successfully completed an Engineering Construction Industry Certificate Level 3 consisting of a total of 24 appropriate modules or formally recognised equivalent accredited training so as to enable the employee to perform work within the scope of this level;or

      (v) obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard,

      any one of which will qualify the employee as a CW/ECW 3.

      (b) Skills and duties

      (i) An employee at this level performs work to the extent of their skills,competence and training. Employees will acquire skills both formal and informal over time and with experience,and will undertake indicative tasks and duties within the scope of skills they possess.

      (ii) An employee at this level may be responsible for the supervision of one or more employees working at CW/ECW 1 or CW/ECW 2 level.

      (iii) An employee at this level:

        ●understands and applies quality control techniques;

        ●exercises good interpersonal and communication skills;

        ●exercises measuring and calculation skills at a higher level than CW/ECW 2;

        ●exercises discretion within the scope of this grade;

        ●performs work of a trades or non-trades nature which is incidental or peripheral to the employee’s main function and facilitates the completion of the whole task;

        ●is able to inspect products and/or materials for conformity with established operational standards;

        ●assists in the provision of on-the-job training;

        ●understands and applies quality control techniques;

        ●exercises good interpersonal communication skills;

        ●exercises discretion within the scope of this grade;

        ●performs work under limited supervision either individually or in a team environment.

      (c) Indicative tasks which an employee may perform at this level include the following:

      ●allocates functions within a WAT;

      ●production sequencing and materials handling of a level more advanced than CW/ECW 2;

      ●trade skills associated with certificated trades within the scope of this award;

      ●has a sound understanding of the construction process;

      ●specialised materials handling;

      ●operates machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee at CW/ECW 2;

      ●performs work which is incidental or peripheral to the primary tasks and facilitates the completion of the whole task;

      ●sheetmetal fabrication;

      ●system assembly;

      ●welding and cutting;

      ●mechanical installation.

[B.2.3(d) substituted by PR516726 ppc 10Nov11]

      (d) The CW/ECW 3 classification incorporates the following broadbanded award classifications:

      ●Air compressor operator

      ●Air-conditioning tradesperson

      ●All winch driver

      ●Artificial stoneworker

      ●Battery fitter

      ●Bitumen sprayer

      ●Boilermaker and/or structural steel tradesperson

      ●Bricklayer

      ●Bridge and wharf carpenter

      ●Carpenter

      ●Caster

      ●Concrete finisher,powered

      ●Concrete spreader,powered

      ●Crawler tractor with power operated attachments (up to and including 2000kg shipping mass)

      ●Crusher operator aggregate (dimension stone quarries)

      ●Drainer

      ●Dumper,rear and bottom (up to and including 2 cubic metres struck capacity)

      ●Electric motor attendant

      ●Electrical fitter

      ●Electrical mechanic

      ●Fitter

      ●Fixer

      ●Floor layer specialist

      ●Floorsander

      ●Forklift driver

      ●Form setter

      ●Gardener

      ●Geotextile/geomembrane worker level 3

      ●Glazier

      ●Hand sprayer,lance type

      ●Joiner

      ●Locksmith

      ●Machinist

      ●Marble and slateworker

      ●Marker off

      ●Mobile concrete line pump operator

      ●Mobile hydraulic platform operator

      ●Motor mechanic

      ●Operator,drilling machine,up to and including 155 mm diameter

      ●Operator,pneumatic tyred tractor with power operated attachments (up to and including 15 kW net engine power)

      ●Operators of other cranes up to and including 5 ton

      ●Painter (including Artworker,Spraypainter,Shotblaster and Sandblaster)

      ●Paviour (including segmental paving)

      ●Pipe layer (any kind of pipes)

      ●Plant mechanic

      ●Plasterer

      ●Prefab tradesperson

      ●Qualified/trade cook

      ●Quarryworker (dimension stone quarries)

      ●Refrigeration mechanic

      ●Renderer in pipes,tunnels or covered drains

      ●Rigger

      ●Dogger

      ●Roller,vibrating (under 4 ton)

      ●Roof fixer

      ●Rooftiler (including Roof Slater)

      ●Second driver—Navvy and dragline or dredge-type excavator

      ●Serviceperson

      ●Sheetmetal worker 1st class

      ●Shophand

      ●Slate ridge or roof fixer

      ●Stonemason

      ●Tilelayer

      ●Timberperson

      ●Tradesperson (radio)

      ●Tradesperson (precast concrete manufacture)

      ●Tradesperson landscaper

      ●Trenching machine (small Ditch-Witch type)

      ●Welder 1st class

      ●Welder special class

      (e) An employee at this level may be undergoing training so as to qualify as a CW/ECW 4.

B.2.4 Construction worker level 4/Engineering construction worker level 4 (Engineering construction tradesperson level II and Engineering construction technician level I) (CW/ECW 4)

[B.2.4 varied by PR994519;substituted by PR538792 ppc 15Jul13]

      (a) A CW/ECW 4 works in one or more skill streams contained within this award. A CW/ECW 4 will:

      (i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 3;or

      (ii) have successfully completed,in accordance with RPL principles,a Construction Skills Test equivalent to the requirements of this level;

      any one of which will qualify the employee as a CW/ECW 4,or is an:

      ●Engineering construction tradesperson (electrical/ electronic) level II;or

      ●Engineering construction tradesperson (mechanical) level II;or

      ●Engineering construction tradesperson (fabrication) level II;

      who has completed the following training requirements:

      ●three appropriate modules in addition to the training requirements of CW/ECW 3 level;or

      ●three appropriate modules towards an Advanced Certificate;or

      ●three appropriate modules towards an Associate Diploma;or

      ●any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications;or

      ●will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards;or

      ●tasks which an employee at this level may perform are subject to the employee having the appropriate Trade and Post Trade training to enable them to perform the particular tasks.

      (b) Skills and duties

      (i) An employee at this level performs work to the extent of their skills,competence and training. Employees will acquire skills both formal and informal over time and with experience,and will undertake indicative tasks and duties within the scope of skills they possess.

      (ii) An employee at this level may be part of a self-directed WAT,and may be required to perform a range of duties across the skill streams contained within this award.

      (iii) An employee at this level:

      (iv) exercises skills attained through satisfactory completion of the training/work experience prescribed for this classification;

        ●exercises discretion within the scope of this grade;

        ●works under limited supervision either individually or in a team environment;

        ●understands and implements quality control techniques;

        ●provides guidance and assistance as part of a work team;

        ●exercises advanced trades and non-trade skills relevant to the specific requirements of the industry or enterprise at a higher level than CW/ECW 3.

      (c) Indicative tasks which an employee may perform at this level include the following:

      ●exercises precision trade and non-trade skills using various materials and specialised techniques at a higher level than CW/ECW 3;

      ●operates,and maintains plant and machinery;

      ●is able to plan construction sequencing.

      (d) The CW/ECW 4 classification incorporates the following broadbanded award classifications:

      ●Bitumen sprayer (driver)

      ●Compactor—up to but not exceeding 48 kW (65 hp)

      ●Concrete paver

      ●Crawler loader (up to and including 15,000 kg mass)

      ●Crawler tractor not using power operated attachments above class 3

      ●Crawler tractor using power operated attachments class 3,4,5 and 6

      ●Dumper,rear and bottom (above 2 cubic metres,up to and including 30 cubic metres struck capacity)

      ●Electrician special class

      ●Excavator up to and including 0.5 cubic metre capacity

      ●Floating crane—up to and including 10 ton

      ●Forklift—up to but not exceeding 48 kW (65 hp)

      ●Geotextile/geomembrane worker level 4

      ●Grader,power operated below 35 kW brake power

      ●Inspector

      ●Instrument tradesperson complex systems

      ●Instrument tradesperson

      ●Joiner special class

      ●Joiner-setter out

      ●Letter cutter

      ●Loader,front end or overhead,up to and including 2.25 cubic metres

      ●Locomotive (not carrying passengers)

      ●Marker-setter out

      ●Mechanical tradesperson special class

      ●Mobile concrete boom pump operator

      ●Mobile crane—up to and including 10 ton

      ●Operator,tractor—up to but not exceeding 48 kW (65 hp)

      ●Operator,pneumatic tyred tractor—with power operated attachments (above 15 kW,up to and including 150 kW net engine power)

      ●Operator of mobile crane with lifting capacity in excess of 8 ton and not exceeding 15 ton

      ●Operator,drilling machine—over 155 mm to 230 mm diameter

      ●Other cranes—over 5 ton and not exceeding 15 ton road roller

      ●Shaft or trench sinker

      ●Pile driver

      ●Prefab setter

      ●Roadmarker operator

      ●Road roller (8 ton and above)

      ●Road roller,vibrating (4 ton and above)

      ●Scraper (up to and including 10 cubic metres struck capacity)

      ●Scraper,self-powered under 10 cubic metres struck capacity

      ●Signwriter

      ●Skid steer tractor—up to but not exceeding 48 kW (65 hp)

      ●Specialist landscaper tradesperson

      ●Track laying,fixing or levelling machine (railway construction)

      ●Trench machine (depth up to 2.4 metres,and width up to 450 mm) and bucket wheel trencher with equivalent capacity in cubic metres per hour

      ●Tunneller 2

      ●Winding and haulage driver

      (e) Engineering Construction Technician Level I

      An Engineering construction technician level I being an employee who has the equivalent level of training and/or experience to a CW/ECW 4 tradesperson in the technical fields as defined but is engaged in detail draughting or routine planning or technical tasks requiring technical knowledge.

      (f) An employee at this level may be undergoing training so as to qualify as a CW/ECW 5.

B.2.5 Construction worker level 5/Engineering construction worker level 5 (Special class engineering construction tradesperson level I and Engineering construction technician level II) (CW/ECW 5)

[B.2.5 substituted by PR538792 ppc 15Jul13]

      (a) A CW/ECW 5 works in one or more skill streams contained within this award. A CW/ECW 5 will:

      (i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 4;or

      (ii) have successfully completed,in accordance with RPL principles,a Skills Test equivalent to the requirements,

      either of which will qualify the employee for a CW/ECW 5;or a

      ●Special class engineering construction tradesperson (electrical/electronic) level I;

      ●Special class engineering construction tradesperson (mechanical) level I;or

      ●Special class engineering construction tradesperson (fabrication) level I;

      who has completed the following training requirements:

      ●six appropriate modules in addition to the training requirements of CW/ECW 3 level;or

      ●six appropriate modules towards an Advanced Certificate;or

      ●six appropriate modules towards an Associate Diploma;or

      ●any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications;or

      ●will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

      (b) Skills and duties

      (i) An employee at this level performs work to the extent of their skills,competence and training. Employees will acquire skills both formal and informal over time and with experience,and will undertake indicative tasks and duties within the scope of skills they possess.

      (ii) An employee at this level may be part of a self-directed WAT,and may be required to perform a range of duties across the skill streams contained in this award.

      (iii) An employee at this level:

        ●exercises skills attained through satisfactory completion of the training/work experience prescribed for this classification;

        ●exercises discretion within the scope of this grade;

        ●provides trades guidance and assistance as part of a work team;

        ●assists in the provision of training in conjunction with supervisors and trainers;

        ●understand and implements quality control techniques;

        ●works under limited supervision either individually or in a team environment;

        ●assists in the provision of training in conjunction with supervisors.

      (c) Indicative tasks which an employee may perform at this level include the following:

      ●exercises precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 4;

      ●operates,and maintains complex plant and machinery;

      ●is able to plan complex construction sequencing;

      ●performs operations on a Computer-Aided Design and Computer Aided Manufacturing (CAD/CAM) terminal in the performance of routine modifications to the Numeric Control/Computer Numeric Control (NC/CNC) programs;

      ●installs,repairs and maintains,tests,modifies,commissions and/or fault finds on complex machinery and equipment which utilises hydraulic and/or pneumatic principles and in the course of such work,is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems;

      ●works on complex or intricate circuitry which involves examining,diagnosing and modifying systems comprising inter-connected circuits.

      (d) The CW/ECW 5 classification incorporates the following broadbanded award classifications:

      ●Carver

      ●Compactor—from 48 kW (65 hp),

      ●Crawler loader (above 15,000 kg mass,up to and including 60,000 kg mass)

      ●Crawler tractor using power operated attachments class 7,8 and 9

      ●Dragline/shovel excavator—up to but not exceeding 3.0 metre capacity

      ●Dumper,rear and bottom (above 30 cubic metres,up to and including 120 cubic metres struck capacity)

      ●Dumper—up to but not exceeding 100 ton

      ●Excavator above 0.5 cubic metres

      ●Excavator—hydraulic telescopic boom type

      ●Floating crane—over 10 but not exceeding 100 ton

      ●Forklift—from 48 kW (65 hp) up to but not exceeding 220 kW (295 hp)

      ●Geotextile/geomembrane worker level 5

      ●Grader

      ●Grader—from 96 kW (130 hp) up to but not exceeding 148 kW (200 hp)

      ●Loader—front end and overhead,from 48 kW (65 hp) up to but not exceeding 370 kW (500 hp)

      ●Locomotive (carrying passengers)

      ●Mobile crane—over 10 but not exceeding 100 ton

      ●Operator,drilling machine,over 230 mm diameter

      ●Operator,pneumatic tyred loader (over 105 kW,up to and including 500 kW net engine power)

      ●Operator,pneumatic tyred tractor using power operated attachments in excess of 110 kW brake power

      ●Operator,tunnel boring machine;operator,tunnel excavating machine

      ●Other cranes—over 15 but not exceeding 100 ton

      ●Refractory bricklayer

      ●Scraper,self-powered over 10 cubic metres struck capacity

      ●Side boom/pipe layer—up to but not exceeding 220 kW (295 hp)

      ●Skid steer tractor—from 48 kW (65 hp)

      ●Special class trades

      ●Tractor—from 48 kW (65 hp) up to but not exceeding 370 kW (500 hp)

      ●Trainee dogger/crane hand (fixed cranes)

      ●Trenching machine (greater than 2.4 metres depth and 450 mm width) and bucketwheel trencher with equivalent capacity in cubic metres per hour

      (e) Engineering Construction Technician Level II

      An Engineering construction technician level II is an employee who has equivalent level of training and/or experience to an Engineering construction tradesperson special class level I but is engaged in detail draughting or planning or technical work which requires the exercise of judgment and skill in excess of that required of an employee at CW/ECW 4 under the supervision of technical staff.

      (f) An employee at this level may be undergoing training so as to qualify as a CW/ECW 6.

B.2.6 Construction worker level 6/Engineering construction worker level 6 (Special class engineering construction tradesperson level II and Engineering construction technician level III ) (CW/ECW 6)

[B.2.6 substituted by PR538792 ppc 15Jul13]

      (a) A CW/ECW 6 works in one or more skill streams contained within this award. A CW/ECW 6 will:

      (i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 6;or

      (ii) have successfully completed,in accordance with RPL principles,a Construction Skills Test equivalent to the requirements of this level,

      either of which will qualify the employee for a CW/ECW 6;or a

      ●Special class engineering construction tradesperson (electrical/ electronic) level II;or

      ●Special class engineering construction tradesperson (mechanical) level II;or

      ●Special class engineering construction tradesperson (fabrication) level II;

      who has completed the following training requirements:

      ●nine appropriate modules in addition to the requirements of CW/ECW 3 level;or

      ●nine appropriate modules towards an Advanced Certificate;or

      ●nine appropriate modules towards an Associate Diploma;or

      ●any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications;or

      ●will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

      (b) Skills and duties

      (i) An employee at this level performs work to the extent of their skills,competence and training. Employees will acquire skills both formal and informal over time and with experience,and will undertake indicative tasks and duties within the scope of skills they possess.

      (ii) An employee at this level may be part of a self-directed WAT,and may be required to perform a range of duties across the skill streams contained within this award.

      (iii) An employee at this level:

        ●exercises skills attained through satisfactory completion of the training/work experience prescribed for this classification;

        ●exercises discretion within the scope of this grade;

        ●provides trades guidance and assistance as part of a work team;

        ●provides training in conjunction with supervisors and trainers;

        ●works under limited supervision either individually or in a team environment;

        ●understands and implements quality control techniques.

      (c) Indicative tasks which an employee may perform at this level include the following:

      ●operates plant and equipment at a higher level of skill than CW/ECW 5;

      ●exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 5;

      ●implements quality control techniques;

      ●plans complex construction sequencing;

      ●works on machines or equipment which utilise complex mechanic or hydraulic and/or pneumatic circuitry and controls or a combination thereof;

      ●works on machinery or equipment which utilises complex electrical/ electronic circuitry and controls;

      ●works on instruments which make up a complex control system which utilises some combination of electrical/electronic,mechanical or fluid power principles;

      ●applies advanced computer numerical control techniques in machining or cutting or welding or fabrication;

      ●exercises intermediate CAD/CAM skills in the performance of routine modifications to programs;

      ●works on complex or intricate interconnected electrical circuits at a level above CW/ECW 5;

      ●works on complex radio/communication equipment.

      (d) The CW/ECW 6 classification incorporates the following broadbanded award classifications:

      ●Dumper—from 100 ton struck capacity

      ●Electronics tradesperson

      ●Instrumentation and control tradesperson

      ●Loader—front end and overhead,from 370 kW (500 hp) up to but not exceeding 450 kW (600 hp)

      ●Mobile crane with lifting capacity in excess of 100 ton and not exceeding 140 ton

      ●Operator (dragline/shovel excavator—from 3 cubic metres,side boom/pipe layer—from 220 kW (295 hp)

      ●Operator of mobile crane with lifting capacity in excess of 140 ton and not exceeding 180 ton

      ●Tractor—from 370 kW (500 hp) up to but not exceeding 450 kW (600 hp)

      (e) Engineering Construction Technician Level III

      An Engineering construction technician level III is an employee who has equivalent level of training and/or experience to an Engineering construction tradesperson special class level II but is engaged in one of the following areas:

      ●detail draughting or planning or technical duties requiring judgement and skill in excess of that required of a Technician at CW/ECW 5 level under the supervision of Technical Staff;or

      ●possesses a level of training and/or experience at CW/ECW 6 level and exercises cross skilling in technical fields as defined.

      (f) An employee at this level may be undergoing training so as to qualify as a CW/ECW 7.

B.2.7 Construction worker level 7/Engineering construction worker level 7 (Special class engineering construction tradesperson level III) (CW/ECW 7)

[B.2.7 substituted by PR538792 ppc 15Jul13]

      (a) A CW/ECW 7 works in one or more skill streams contained within this award. A CW/ECW 7 will:

      (i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 6;or

      (ii) have successfully completed,in accordance with RPL principles,a Construction Skills Test equivalent to the requirements of this level,

      either of which will qualify the employee for a CW/ECW 7;or is a

      ●Special class engineering construction tradesperson Level III is a:

      ●Special class engineering construction tradesperson (electrical/ electronic) Level III;or

      ●Special class engineering construction tradesperson (mechanical) level III;or

      ●Special class engineering construction tradesperson (fabrication) level III;

      who has completed:

      ●ten and a half appropriate modules of an Advanced Certificate;or

      ●ten and a half appropriate modules of an Associate Diploma;or

      ●ten and a half appropriate modules in addition to the requirements of ECW3

      ●any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications;or

      ●will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

      (b) Skills and duties

      (i) An employee at this level performs work to the extent of their skills,competence and training. Employees will acquire skills both formal and informal over time and with experience,and will undertake indicative tasks and duties within the scope of skills they possess.

      (ii) An employee at this level may be part of a self-directed WAT and may be required to perform a range of duties across the skill streams contained within this award.

      (iii) An employee at this level:

        ●exercises skills attained through satisfactory completion of the training prescribed for this classification;

        ●exercises discretion within the scope of this grade;

        ●provides training in conjunction with supervisors and trainers;

        ●understand and applies quality control techniques;

        ●prepares complex reports;

        ●contributes to the design of work,and the application of labour;

        ●assists in the supervision or organisation of WATs;

        ●is able to provide trade guidance and assistance as part of a work team;and

        ●works under limited supervision either individually or in a team environment.

      (c) Indicative tasks which an employee may perform at this level include the following:

      ●works on plant and equipment at a higher level of skill than CW/ECW 6;

      ●exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 6;

      ●implements quality control techniques;

      ●plans complex construction sequencing;

      ●works on machines or equipment which utilise complex mechanic or hydraulic and/or pneumatic circuitry and controls or a combination thereof;

      ●works on machinery or equipment which utilises complex electrical/ electronic circuitry and controls;

      ●works on instruments which make up a complex control system which utilises some combination of electrical/electronic mechanical or fluid power principles;

      ●applies advanced computer numerical control techniques in machining or cutting or welding or fabrication;

      ●exercises intermediate CAD/CAM skills in the performance of routine modifications to programs;

      ●working on complex or intricate interconnected electrical circuits at a level above CW/ECW6;

      ●working on complex radio/communication equipment.

      (d) The CW/ECW 7 classification incorporates the following broadbanded award classifications:

      ●Dogger-crane hand (fixed cranes)

      ●Mobile crane with lifting capacity in excess of 180 ton and not exceeding 220 ton

      ●Operator,tower crane driver,operator of tractor—from 450 kW (600 hp)

      ●Operator,mobile crane with lifting capacity in excess of 220 ton)

      ●Sub-foreperson

      (e) An employee at this level may be undergoing training so as to qualify as a CW/ECW 8.

B.2.8 Construction worker level 8/Engineering construction worker level 8 (Advanced engineering construction tradesperson level I and Engineering construction technician level IV) (CW/ECW 8)

[B.2.8 substituted by PR538792 ppc 15Jul13;corrected by PR539138 ppc 15Jul13]

      (a) A CW/ECW 8 works in one or more skill streams contained within this award. A CW/ECW 8 will:

      (i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 7;or

      (ii) have successfully completed,in accordance with RPL principles,a Construction Skills Test equivalent to the requirements of this level,

      either of which will qualify the employee for a CW/ECW 8;or is an

      ●Advanced engineering construction tradesperson (electrical/electronic) level I;or

      ●Advanced engineering construction tradesperson (mechanical) level I;or

      ●Advanced engineering construction tradesperson (fabrication) level I;

      who has completed:

      ●12 appropriate modules of an Advanced Certificate;or

      ●12 appropriate modules of an Associate Diploma;or

      ●12 appropriate modules in addition to the requirements of CW/ECW 3;or

      ●any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications;or

      ●will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

      (b) Skills and duties

      (i) An employee at this level performs work to the extent of their skills,competence and training. Employees will acquire skills both formal and informal over time and with experience,and will undertake indicative tasks and duties within the scope of skills they possess.

      (ii) An employee at this level may be part of a self-directed WAT,and may be required to perform a range of duties across the three skill streams contained within this award.

      (iii) An employee at this level:

        ●exercises skills attained through satisfactory completion of the training prescribed for this classification;

        ●exercises discretion within the scope of this grade;

        ●designs training programs in conjunction with relevant supervisors and trainers;

        ●understands and applies quality control techniques;

        ●prepares complex reports;

        ●contributes to the design of work and the application of labour;

        ●undertakes quality control and work organisation at a level higher than for CW/ECW7;

        ●provides trade guidance and assistance as part of a work team;

        ●assists in the provision of training to employees in conjunction with supervisors/trainers;

        ●performs maintenance planning and predictive maintenance work not in Technical Fields;

        ●works under limited supervision either individually or in a team environment;

        ●prepares reports of a technical nature on specific tasks or assignments as directed;

        ●exercises broad discretion within the scope of this level.

      (c) Indicative tasks which an employee may perform at this level include the following:

      ●works on plant and equipment at a higher level of skill than CW/ECW 7;

      ●exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 7;

      ●implements quality control programs;

      ●plans complex construction sequencing;

      ●works on combinations of machines or equipment which utilises complex electrical or electronic,mechanical or fluid power principles;

      ●works on instruments which make up a complex control system which utilises some combination of electrical,electronic,mechanical or fluid power principles and electronic circuitry containing complex analogue and/or digital control systems utilising integrated circuitry;

      ●applies computer integrated manufacturing techniques involving a higher level of computer operating and programming skills than for CW/ECW 7;

      ●works on various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems using integrated circuitry.

      (d) The CW/ECW 8 classification incorporates the following broadbanded award classifications:

      ●Carpenter-diver

      ●Foreperson (as defined)

      (e) Engineering Construction Technician Level IV

      Engineering Construction Technician level IV means an employee who has equivalent level of training and skills to an Advanced engineering construction tradesperson level II but is engaged in one of the following areas to the extent of that training:

      ●detail draughting involving originality of thought which requires the exercise of judgment and skill in excess of that required of an Engineering construction technician at CW/ECW 7 level under the supervision of Technical and/or Professional staff;or

      ●is engaged in planning or technical duties requiring judgment and skill in excess of that required of a Technician at CW/ECW 7 level under the supervision of Technical and/or Professional staff;or

      ●exercises a level of cross skilling in technical fields.

B.2.9 Engineering construction worker level 9 (Advanced engineering construction tradesperson level II and Engineering construction technician level V) (ECW 9)

[B.2.9 substituted by PR538792 ppc 15Jul13]

      (a) An Advanced engineering construction tradesperson level II is an:

      ●Advanced engineering construction tradesperson (electrical/electronic) level II;or

      ●Advanced engineering construction tradesperson (mechanical) level II;or

      ●Advanced engineering construction tradesperson (fabrication) level II;

      who has completed:

      ●an Advanced Certificate;or

      ●15 appropriate modules of an Associate Diploma;or

      ●15 appropriate modules in addition to the requirements of CW/ECW 3;or

      ●any training which a registered provider (e.g. TAFE) or by a State training authority has been recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications;or

      ●will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

      (b) An Advanced engineering construction tradesperson level II works above and beyond a Tradesperson at CW/ECW 8 and to the level of their training:

      ●provides technical guidance or advice within the scope of this level;

      ●prepares reports of a technical nature on specific tasks or assignment as directed or within the scope of discretion at this level;

      ●has an overall knowledge and understanding of the operating principle of the systems and equipment on which the tradesperson is required to carry out their task;

      ●assists in the provision of on-the-job training in conjunction with supervisors and trainers.

      (c) Indicative tasks which an employee may perform at this level,subject to the employee having the appropriate Trade and Post Trade Training to enable the employee to perform them,are:

      ●through a systems approach able to exercise high level diagnostic skills on complex forms of machinery,equipment or instruments which utilise some combination of electrical,electronic,mechanical or fluid power principles;

      ●set up,commission,maintain and operate sophisticated maintenance,production and test equipment and/or systems involving the application of computer operating skills at a higher level than a CW/ECW8;

      ●works on various forms of machinery and equipment electronically controlled by complex digital and/or analogue control systems using integrated circuitry;

      ●works on complex electronics or instruments or communications equipment or control systems which utilise electronic principles and electronic circuitry containing complex analogue and/or digital control systems using integrated circuitry.

      (d) Engineering Construction Technician Level V

      An Engineering construction technician level V has the level of training and skills to an Advanced engineering construction tradesperson level II but is engaged in one of the following areas:

      ●undertakes draughting or planning which requires the exercise of judgment and skill in excess of that required of an Engineering technician level IV at CW/ECW 8;or

      ●exercises a level of cross skilling in technical fields as defined,consistent with the training and experience at this grade.

B.3 Classification principles

B.3.1 General

      In determining the appropriate classification of a position or job to be filled by an employee,an employer will pay full regard to:

      (a) the nature and skill requirements of the position to be filled;

      (b) the skill level and certification of the employee;

      (c) the experience and qualifications of the employee in:

      (i) relevant indicative tasks nominated in this subclause;and/or

      (ii) competency standards against which an employee is accredited;

      (d) any agreed national procedures established for testing the validity of an employee’s claim for reclassification.

B.3.2 Classification/reclassification in the engineering stream

      (a) Where an employee has the relevant qualification recognised as a minimum training requirement for the level to which the employee seeks to be reclassified and they are exercising or are required to exercise the skills and knowledge gained for the qualification necessary for that level of work,the employee will be classified appropriately.

      (b) In the event that there is a claim for reclassification by an existing employee to a higher level under the new structure on the grounds that the employee possesses equivalent skill and knowledge gained through on-the-job experience,the following principles apply:

      (i) the dispute resolution provisions in clause 9Dispute resolution,will be followed;

[B.3.2(b)(ii) varied by PR994519 from 01Jan10]

      (ii) competency standards will be established through the appropriate Industry Training Boards,co-ordinated by MSA and for the lift industry the Ee-Oz. Such standards will be consistent with the requirements of the National Training Framework Committee for relevant levels in the new classification structure before claims for reclassification at that level are processed;

      (iii) procedures will be established for testing the validity of an employee’s claim for reclassification.

      (c) Where skill standards have not been finalised in respect of any class of work and they are necessary for determining an employee’s classification,employees performing such work will not be reclassified until such standards are available except as provided for in clauses B.3.2(a) and B.3.2(d) of this Schedule.

      (d) Where the situation described in clause B.3.2(c) applies,but not in any other circumstances,an employee may be reclassified on the basis that the employee meets the requirements of the old classification definitions in the National Metal and Engineering On-site Construction Industry Award 2002.

B.4 Skill based career structure

B.4.1 The classification structure is designed to facilitate the improvement of the level of skills of the workforce and to provide a career path for all employees.

B.4.2 Each classification level builds upon the previous level so that the value of an employee to the industry and their employer increases as the employee progresses through the structure. Skills are built up in a sequential manner through job learnt skills and structured training.

B.4.3 Under the new classification structure,an employee’s building and construction industry skills are to be formally recognised,industry wide,at all levels from new entrant to CW/ECW 8–ECW 9. Employees will move up the classification structure as they acquire additional accredited skills. Payment will be on the basis of the level of skills required to perform the work of a particular position or job offered by an employer.

B.5 Training

In order to facilitate the operation of the classification structure an employer must,in co-operation with the consultative committee develop a training programme consistent with:

      (a) the size,structure and scope of the activities of the employer;

      (b) the need to develop vocational skills relevant to the enterprise and the building and construction industry generally through courses conducted by accredited educational institutions and providers.

      (c) Where,as a result of consultation in accordance with this clause it is agreed that additional training should be undertaken by the employee,that training may be taken either on or off the job. Provided that if the training is undertaken during normal working hours the employee concerned will not suffer any loss of pay. The employer must not unreasonably withhold such paid training leave.

      (d) Any costs associated with standard fees for prescribed course and prescribed textbooks (excluding those textbooks which are contained in the employers technical library) incurred in connection with the undertaking of training pursuant to clause B.5(c) will be reimbursed by the employer upon the production of evidence of such expenditure. Provided that reimbursement will be subject to the presentation of reports of satisfactory progress.

      (e) Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred travelling to and from work will be reimbursed by the employer.

B.6 Definitions of classifications in Schedule B

[B.6 varied by PR994519,PR503624 ppc 01Jan11]

The broadbanded award classifications referred to in Part B.2 of this Schedule will have the meaning ascribed to them by an award made under the Workplace Relations Act 1996 (Cth) or a notional agreement preserving a State award that would have applied to an employee immediately prior to 1 January 2010;or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011.

Schedule C—National Training Wage

[Sched B renumbered as Sched C by PR988410 ppc 01Jan10;substituted by PR994519 ppc 1Jan10;varied by PR997900,PR509051,PR522882,PR536685,PR545787,PR551608,PR566688,PR579781,PR592116,PR606344,PR707430,PR718837;corrected by PR724130]

C.1 Title

This is the National Training Wage Schedule.

C.2 Definitions

In this schedule:

      adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A,B or C if covered by that wage level

      approved training means the training specified in the training contract

      Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training

      out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

      (a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

      (b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10;and

      (c) not include any period during a calendar year in which a year of schooling is completed

      relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation

      relevant State or Territory vocational education and training legislation means the following or any successor legislation:

      Australian Capital Territory:Training and Tertiary Education Act 2003;

      New South Wales:Apprenticeship and Traineeship Act 2001;

      Northern Territory:Northern Territory Employment and Training Act 1991;

      Queensland:Vocational Education,Training and Employment Act 2000;

      South Australia:Training and Skills Development Act 2008;

      Tasmania:Vocational Education and Training Act 1994;

      Victoria:Education and Training Reform Act 2006;or

      Western Australia:Vocational Education and Training Act 1996

      trainee is an employee undertaking a traineeship under a training contract

      traineeship means a system of training which has been approved by the relevant State or Territory training authority,which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council,and which leads to an AQF certificate level qualification

      training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority

      training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth,State and Territory Ministers responsible for vocational education and training,and includes any relevant replacement training package

      year 10 includes any year before Year 10

C.3 Coverage

C.3.1 Subject to clauses C.3.2 to C.3.6 of this schedule,this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix C1 to this schedule or by clause C.5.4 of this schedule.

C.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix C1 to this schedule.

C.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

C.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

C.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships,the other terms and conditions of this award prevail.

C.3.6 At the conclusion of the traineeship,this schedule ceases to apply to the employee.

C.4 Types of Traineeship

The following types of traineeship are available under this schedule:

C.4.1 a full-time traineeship based on 38 ordinary hours per week,with 20% of ordinary hours being approved training;and

C.4.2 a part-time traineeship based on less than 38 ordinary hours per week,with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job,or where training is fully off-the-job.

C.5 Minimum Wages

[C.5 substituted by PR997900,PR509051,PR522882,PR536685,PR551608,PR566688,PR579781,PR592116,PR606344,PR707430,PR718837 ppc 01Nov20;corrected by PR724130 ppc 01Nov20]

C.5.1 Minimum wages for full-time traineeships

      (a) Wage Level A

      Subject to clause C.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per week

    per week

    per week

     

    $

    $

    $

    School leaver

    338.60

    372.90

    444.20

    Plus 1 year out of school

    372.90

    444.20

    517.00

    Plus 2 years out of school

    444.20

    517.00

    601.60

    Plus 3 years out of school

    517.00

    601.60

    688.80

    Plus 4 years out of school

    601.60

    688.80

     

    Plus 5 or more years out of school

    688.80

      

      (b) Wage Level B

      Subject to clause C.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per week

    Per week

    per week

     

    $

    $

    $

    School leaver

    338.60

    372.90

    432.20

    Plus 1 year out of school

    372.90

    432.20

    497.20

    Plus 2 years out of school

    432.20

    497.20

    583.10

    Plus 3 years out of school

    497.20

    583.10

    665.10

    Plus 4 years out of school

    583.10

    665.10

     

    Plus 5 or more years out of school

    665.10

      

      (c) Wage Level C

      Subject to clause C.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per week

    per week

    per week

     

    $

    $

    $

    School leaver

    338.60

    372.90

    432.20

    Plus 1 year out of school

    372.90

    432.20

    486.60

    Plus 2 years out of school

    432.20

    486.60

    543.70

    Plus 3 years out of school

    486.60

    543.70

    605.60

    Plus 4 years out of school

    543.70

    605.60

     

    Plus 5 or more years out of school

    605.60

      

      (d) AQF Certificate Level IV traineeships

      (i) Subject to clause C.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

      (ii) Subject to clause C.5.3 of this schedule,the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows,provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

      Wage level

      First year of traineeship

      Second and subsequent years of traineeship

       

      per week

      per week

       

      $

      $

      Wage Level A

      715.50

      743.20

      Wage Level B

      690.30

      716.70

      Wage Level C

      628.20

      651.90

C.5.2 Minimum wages for part-time traineeships

      (a) Wage Level A

      Subject to clauses C.5.2(f) and C.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per hour

    per hour

    per hour

     

    $

    $

    $

    School leaver

    11.14

    12.28

    14.62

    Plus 1 year out of school

    12.28

    14.62

    17.02

    Plus 2 years out of school

    14.62

    17.02

    19.79

    Plus 3 years out of school

    17.02

    19.79

    22.65

    Plus 4 years out of school

    19.79

    22.65

     

    Plus 5 or more years out of school

    22.65

      

      (b) Wage Level B

      Subject to clauses C.5.2(f) and C.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per hour

    per hour

    per hour

     

    $

    $

    $

    School leaver

    11.14

    12.28

    14.23

    Plus 1 year out of school

    12.28

    14.23

    16.36

    Plus 2 years out of school

    14.23

    16.36

    19.20

    Plus 3 years out of school

    16.36

    19.20

    21.90

    Plus 4 years out of school

    19.20

    21.90

     

    Plus 5 or more years out of school

    21.90

      

      (c) Wage Level C

      Subject to clauses C.5.2(f) and C.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per hour

    per hour

    per hour

     

    $

    $

    $

    School leaver

    11.14

    12.28

    14.23

    Plus 1 year out of school

    12.28

    14.23

    16.01

    Plus 2 years out of school

    14.23

    16.01

    17.88

    Plus 3 years out of school

    16.01

    17.88

    19.92

    Plus 4 years out of school

    17.88

    19.92

     

    Plus 5 or more years out of school

    19.92

      

      (d) School-based traineeships

      Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A,B or C by Appendix C1 are as follows when the trainee works ordinary hours:

    Year of schooling

    Year 11 or lower

    Year 12

    per hour

    per hour

    $

    $

    11.14

    12.28

      (e) AQF Certificate Level IV traineeships

      (i) Subject to clauses C.5.2(f) and C.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

      (ii) Subject to clauses C.5.2(f) and C.5.3 of this schedule,the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows,provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

      Wage level

      First year of traineeship

      Second and subsequent years of traineeship

       

      per hour

      per hour

       

      $

      $

      Wage Level A

      23.52

      24.45

      Wage Level B

      22.68

      23.56

      Wage Level C

      20.67

      21.45

      (f) Calculating the actual minimum wage

      (i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week,the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses C.5.2(a)(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

      (ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation,for example at school or at TAFE,the relevant minimum wage in clauses C.5.2(a)(e) of this schedule applies to each ordinary hour worked by the trainee.

      (iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job,the relevant minimum wage in clauses C.5.2(a)(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

C.5.3 Other minimum wage provisions

      (a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

      (b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship,or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship,then the trainee must be paid the next highest minimum wage provided in this schedule,where a higher minimum wage is provided for the new AQF certificate level.

C.5.4 Default wage rate

      The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix C1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

C.6 Employment conditions

C.6.1 A trainee undertaking a school-based traineeship may,with the agreement of the trainee,be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave,paid personal/carer’s leave and paid absence on public holidays,provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.

C.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in,or associated with,the training contract.

C.6.3 Time spent by a trainee,other than a trainee undertaking a school-based traineeship,in attending any training and assessment specified in,or associated with,the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.

[Note inserted by PR545787 ppc 01Jan14]

      Note:The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause C.5.2(f)(ii) and not by this clause.

C.6.4 Subject to clause C.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.

Appendix C1:Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

C1.1 Wage Level A

    Training package

    AQF certificate level

    Aeroskills

        II

    Aviation

        I
        II
        III

    Beauty

        III

    Business Services

        I
        II
        III

    Chemical,Hydrocarbons and Refining

        I
        II
        III

    Civil Construction

        III

    Coal Training Package

        II
        III

    Community Services

        II
        III

    Construction,Plumbing and Services Integrated Framework

        I
        II
        III

    Correctional Services

        II
        III

    Drilling

        II
        III

    Electricity Supply Industry—Generation Sector

        II
        III (in Western Australia only)

    Electricity Supply Industry—Transmission,Distribution and Rail Sector

        II

    Electrotechnology

        I
        II
        III (in Western Australia only)

    Financial Services

        I
        II
        III

    Floristry

        III

    Food Processing Industry

        III

    Gas Industry

        III

    Information and Communications Technology

        I
        II
        III

    Laboratory Operations

        II
        III

    Local Government (other than Operational Works Cert I and II)

        I
        II
        III

    Manufactured Mineral Products

        III

    Manufacturing

        I
        II
        III

    Maritime

        I
        II
        III

    Metal and Engineering (Technical)

        II
        III

    Metalliferous Mining

        II
        III

    Museum,Library and Library/Information Services

        II
        III

    Plastics,Rubber and Cablemaking

        III

    Public Safety

        III

    Public Sector

        II
        III

    Pulp and Paper Manufacturing Industries

        III

    Retail Services (including wholesale and Community pharmacy)

        III

    Telecommunications

        II
        III

    Textiles,Clothing and Footwear

        III

    Tourism,Hospitality and Events

        I
        II
        III

    Training and Assessment

        III

    Transport and Distribution

        III

    Water Industry (Utilities)

        III

C1.2 Wage Level B

    Training package

    AQF certificate level

    Animal Care and Management

        I
        II
        III

    Asset Maintenance

        I
        II
        III

    Australian Meat Industry

        I
        II
        III

    Automotive Industry Manufacturing

        II
        III

    Automotive Industry Retail,Service and Repair

        I
        II
        III

    Beauty

        II

    Caravan Industry

        II
        III

    Civil Construction

        I

    Community Recreation Industry

        III

    Entertainment

        I
        II
        III

    Extractive Industries

        II
        III

    Fitness Industry

        III

    Floristry

        II

    Food Processing Industry

        I
        II

    Forest and Forest Products Industry

        I
        II
        III

    Furnishing

        I
        II
        III

    Gas Industry

        I
        II

    Health

        II
        III

    Local Government (Operational Works)

        I
        II

    Manufactured Mineral Products

        I
        II

    Metal and Engineering (Production)

        II
        III

    Outdoor Recreation Industry

        I
        II
        III

    Plastics,Rubber and Cablemaking

        II

    Printing and Graphic Arts

        II
        III

    Property Services

        I
        II
        III

    Public Safety

        I
        II

    Pulp and Paper Manufacturing Industries

        I
        II

    Retail Services

        I
        II

    Screen and Media

        I
        II
        III

    Sport Industry

        II
        III

    Sugar Milling

        I
        II
        III

    Textiles,Clothing and Footwear

        I
        II

    Transport and Logistics

        I
        II

    Visual Arts,Craft and Design

        I
        II
        III

    Water Industry

        I
        II

   

C1.3 Wage Level C

    Training package

    AQF certificate level

    Agri-Food

      I

    Amenity Horticulture

      I
      II
      III

    Conservation and Land Management

      I
      II
      III

    Funeral Services

      I
      II
      III

    Music

      I
      II
      III

    Racing Industry

      I
      II
      III

    Rural Production

      I
      II
      III

    Seafood Industry

      I
      II
      III

   

Schedule D—School-based Apprentices

[Sched C renumbered as Sched D by PR988410 ppc 01Jan10;varied by PR544640]

D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.

D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.

D.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award,calculated hourly,will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.

D.4 For the purposes of clause D.3,where an apprentice is a full-time school student,the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.

D.5 A school-based apprentice must be allowed,over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

D.6 For the purposes of this schedule,off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.

D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.

[D.8 substituted by PR544640 ppc 01Jan14]

D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency based progression where provided for in this award.

[D.9 substituted by PR544640 ppc 01Jan14]

D.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression where provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

[D.10 substituted by PR544640 ppc 01Jan14]

D.10 If an apprentice converts from school-based to full-time,the successful completion of competencies (where provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule E—Part-day Public Holidays

[Sched E inserted by PR532628 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863,PR598110,PR701683 ppc 21Nov18;varied by PR712189,PR715079]

This schedule operates in conjunction with award provisions dealing with public holidays.

[E.1 varied by PR715079 ppc 18Nov19]

E.1 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight,or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

      (a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.

[E.1(b) varied by PR715079 ppc 18Nov19]

      (b) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.

[E.1(c) substituted by PR715079 ppc 18Nov19]

      (c) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of being on annual leave does not work,they will be taken not to be on annual leave during the hours of the declared or prescribed part-day public holiday that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.

[E.1(d) varied by PR715079 ppc 18Nov19]

      (d) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.

[E.1(e) varied by PR715079 ppc 18Nov19]

      (e) Where an employee works any hours on the declared or prescribed part-day public holiday they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

[E.1(f) varied by PR715079 ppc 18Nov19]

      (f) An employee not rostered to work on the declared or prescribed part-day public holiday,other than an employee who has exercised their right in accordance with clause E.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.

      (g) Nothing in this schedule affects the right of an employee and employer to agree to substitute public holidays.

[E.2 inserted by PR712189 ppc 04Oct19]

E.2 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

This schedule is not intended to detract from or supplement the NES.

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR582972 ppc 29Jul16]

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule G—Agreement to Cash Out Annual Leave

[Sched G inserted by PR582972 ppc 29Jul16]

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule H—Agreement for Time Off Instead of Payment for Overtime

[Sched H inserted by PR715725 ppc 01Jul20]

Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started:___/___/20___ ____ am/pm

Date and time overtime ended:___/___/20___ ____ am/pm

Amount of overtime worked:_______ hours and ______ minutes

The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Schedule X—Additional Measures During the COVID-19 Pandemic

[Sched X inserted by PR721490 ppc 11Aug20,varied by PR723048]

[X.1 varied by PR723048 ppc 30Sep20

X.1 Subject to clauses X.2.1(d) and X.2.2(c),Schedule X operates from 11 August 2020 until 29 March 2021. The period of operation can be extended on application.

X.2 During the operation of Schedule X,the following provisions apply:

X.2.1 Unpaid pandemic leave

      (a) Subject to clauses X.2.1(b),(c) and (d),any employee is entitled to take up to 2 weeks’unpaid leave if the employee is required by government or medical authorities or on the advice of a medical practitioner to self-isolate and is consequently prevented from working,or is otherwise prevented from working by measures taken by government or medical authorities in response to the COVID-19 pandemic.

      (b) The employee must give their employer notice of the taking of leave under clause X.2.1(a) and of the reason the employee requires the leave,as soon as practicable (which may be a time after the leave has started).

      (c) An employee who has given their employer notice of taking leave under clause X.2.1(a) must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason given in clause X.2.1(a).

[X.2.1(d) varied by PR723048 ppc 30Sep20]

      (d) A period of leave under clause X.2.1(a) must start before 29 March 2021,but may end after that date.

      (e) Leave taken under clause X.2.1(a) does not affect any other paid or unpaid leave entitlement of the employee and counts as service for the purposes of entitlements under this award and the NES.

      NOTE:The employer and employee may agree that the employee may take more than 2 weeks’unpaid pandemic leave.

X.2.2 Annual leave at half pay

      (a) Instead of an employee taking paid annual leave on full pay,the employee and their employer may agree to the employee taking twice as much leave on half pay.

      (b) Any agreement to take twice as much annual leave at half pay must be recorded in writing and retained as an employee record.

[X.2.1(d) varied by PR723048 ppc 30Sep20]

      (c) A period of leave under clause X.2.2(a) must start before 29 March 2021,but may end after that date.

      EXAMPLE:Instead of an employee taking one week’s annual leave on full pay,the employee and their employer may agree to the employee taking 2 weeks’annual leave on half pay. In this example:

      ●the employee’s pay for the 2 weeks’leave is the same as the pay the employee would have been entitled to for one week’s leave on full pay (where one week’s full pay includes leave loading under the Annual Leave clause of this award);and

      ●one week of leave is deducted from the employee’s annual leave accrual.

NOTE 1:A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.

NOTE 2:Under section 340(1) of the Act,an employer must not take adverse action against an employee because the employee has a workplace right,has or has not exercised a workplace right,or proposes or does not propose to exercise a workplace right,or to prevent the employee exercising a workplace right. Under section 342(1) of the Act,an employer takes adverse action against an employee if the employer dismisses the employee,injures the employee in his or her employment,alters the position of the employee to the employee’s prejudice,or discriminates between the employee and other employees of the employer.

NOTE 3:Under section 343(1) of the Act,a person must not organise or take,or threaten to organise or take,action against another person with intent to coerce the person to exercise or not exercise,or propose to exercise or not exercise,a workplace right,or to exercise or propose to exercise a workplace right in a particular way.

About this document
(1)
Code:
MA000020
Title:
Building and Construction General On-site Award 2020
Effective:
1 Jan 2022
Instrument Type:
Modern Award
(55)
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
Building and Construction General On-site Award 2020
(34)
(1)
16 Jan 2016
(62)
1.0.11.0 SC