Vol. 350, Part 5 13 May 2005 Pages 1052 - 1230
NEW SOUTH WALES
INDUSTRIAL GAZETTE
Printed by the authority of the
Industrial Registrar
50 Phillip Street, Sydney, N.S.W.
ISSN 0028-677X
CONTENTS
Vol. 350, Part 5 13 May 2005
Pages 1052 - 1230
Page
Awards and Determinations -
Awards Made or Varied -
Avon Products Pty Limited (Brookvale) Consent Award 2004 / (RIRC) / 1115Building Employees Mixed Industries (State) / (RVIRC) / 1177
Catholic Schools Long Service Leave Portability (State) / (AIRC) / 1140
Chubb Security Services Cash Processing and Clerical and Administrative Employees (State) / (VIRC) / 1220
Coachmakers, &c., Road and Perambulator Manufacturers (State) / (RVIRC) / 1195
Confectioners (State) Training Wage / (RVIRC) / 1197
Conservation Field Officers Department of Lands, Department of Infrastructure, Planning and Natural Resources and State Water Corporation / (RIRC) / 1090
Government Railways (Building Trades Construction Staff) / (RIRC) / 1070
Government Railways (Building Trades Maintenance Staff) / (RIRC) / 1052
Labor Council of NSW and Barclay Mowlem Construction Limited - Stamford Marque Apartments Project Award 2005 / (AIRC) / 1148
Malthouses (State) / (RVIRC) / 1207
Miscellaneous Workers' - Kindergartens and Child Care Centres, &c. (State) / (VIRC) / 1218
Motels, Accommodation And Resorts, &c., (State) / (VIRC) / 1222
Nursing Homes, &c., Nurses' (State) / (RVIRC) / 1180
Public Health Service Employees Skilled Trades (State) Award (Incorporating the Ambulance Service of NSW Skilled Trades) / (RVIRC) / 1205
Public Hospitals (Medical Officers) / (RVIRC) / 1209
Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) / (RVIRC) / 1199
Readymix Holdings Pty Ltd Albion Park Quarry (State) Award 2004 / (AIRC) / 1168
Rock and Ore Milling and Refining (State) / (VIRC) / 1216
Transport Industry (State) / (VIRC) / 1213
Enterprise Agreements Approved by the Industrial Relations Commission / 1224
INDEX FOR VOLUME 350 / 1227
END OF VOLUME 350 THE N.S.W. INDUSTRIAL GAZETTE
N.S.W. INDUSTRIAL GAZETTE - Vol. 350 13 May 2005
(358) / SERIAL C3463GOVERNMENT RAILWAYS (BUILDING TRADES MAINTENANCE STAFF) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4562 of 2004)
Before The Honourable Mr Deputy President Harrison / 6 December 2004REVIEWED AWARD
Clause No. Subject Matter
1. Anti-Discrimination
2. Definitions
3. Hours
4. Overtime
5. Rates of Wages, Tool and Special Allowances
5A. No Extra Claims
6. Leading Hands
7. Special Rates
7A. Annual Leave Loading
8. Saturday Work
9. Sunday Work
10. Night and/or Shift Work
11. Travelling Time
12. Home Passes
13. Living Allowances
14. Inducement Allowance
15. Sharpening Tools
16. Picnic Day
17. Tool Lockers or Boxes
18. Damage to Clothing or Tools
19. Union Notices
20. Notation
21. Area, Incidence and Duration
22. Terms of Employment
23. Leave Reserved
24. Personal/Carer's Leave
25. Sick Leave
26. Dispute Resolution Procedure
27. Redundancy
1. Anti-Discrimination
(i) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.
(ii) It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(v) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.
Notes
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
“Nothing in this Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”
2. Definitions
In this award "Employer" means the State Rail Authority or the Rail Infrastructure Corporation or any contractor or subcontractor engaged by the State Rail Authority or Rail Infrastructure Corporation or their successor organisations.
3. Hours
Except as provided elsewhere in this award, the ordinary working hours shall be an average of 38 per week worked in accord with the following provisions for a four-week work cycle:
(i) Commencing 30 April 1982, the ordinary working hours shall be worked in any of the following ways:
(a) by fixing one week day on which all employees will be off during a four-week work cycle (i.e. the location shuts down for a day once each four weeks and eight hours are worked on the other 19-week days of those four weeks); or
(b) by rostering employees off on various days of the week during a four-week work cycle so that each employee has one day off during that cycle (i.e. as in paragraph (a) above except that employees take various days off according to a roster so as to avoid a location shutdown.)
The ordinary working hours of employees who are called upon to work afternoon and/or night shifts shall be as arranged by the Employer.
Provided that, by agreement between the Employer and their employees, an alternate day in the four-week cycle may be substituted for the rostered day off and paid as though worked and, where such agreement is reached, all provisions of this award shall apply as if such day was the prescribed day off.
(ii) Where such rostered day off falls on a public holiday, the next working day shall be taken in lieu unless an alternate day in that four-week cycle or the next is agreed.
(iii) Paid leave at full rates taken during any cycle of four weeks shall be regarded as a day worked for accrual purposes. The period of annual leave is inclusive of non-working days and subject to all other provisions an employee shall be entitled to a maximum of 12 rostered days off in a calendar year, except where an employee does not take annual leave in that calendar year.
(iv) Except as in subclause (iii) of this clause, employees not working a complete 19-day four-week cycle shall receive pro rata accrued entitlements for each day worked payable for the programmed day off, or, in the case of termination of employment, on termination.
(v) An employee who works on their day off will receive another day in lieu in the same four-week cycle, but, if this is not practical, it must be cleared in the next work cycle. Should the employee fail to clear the day in the first three weeks of the next work cycle, the employer will nominate the day to be cleared in the fourth week.
(vi) A break of not less than 30 minutes shall be allowed for a meal each day Monday to Friday both inclusive to other than employees working on afternoon and/or night shifts. Meal breaks for employees working on afternoon and/or night shifts shall be as agreed upon between the Employer and the employees concerned.
(vii) Notwithstanding anything contained in this clause, the time worked each day and the times of commencing and ceasing work on any particular section of work may be varied by agreement between a majority of the employees and the Employer, subject to a limit of 10 hours maximum in any one day and 76 hours each fortnight for the purpose of enabling employees to cease work early to make connection with transport.
(viii) Notwithstanding anything contained in this award, the time worked each day and the times of commencing and ceasing work on any particular section of work may be varied by agreement between the relevant Unions and the Employer, provided that, where the parties agree, ordinary hours may be worked in shifts of up to 12 hours' duration without attracting an overtime penalty.
(Subclause (viii) of this clause inserted matter no. 768/91 op. 27.9.91.)
4. Overtime
(i) All time worked beyond the ordinary time of work, inclusive of time worked for accrual purposes as prescribed in clause 3, Hours, shall be paid for at the rate of one and a half times the ordinary rates for the first two hours thereof and at double time thereafter.
(ii) When an employee on day work is required to work during their meal break, they shall be paid at the rate of time and a half until the employee is allowed the usual meal interval, unless they are allowed 20 minutes for crib, and is paid overtime for the balance of the meal interval time worked by them.
(iii) When an employee is required to work overtime so long as to preclude them having at least eight consecutive hours off duty between the ordinary ceasing time of one shift and the ordinary commencing time of the next, they shall be entitled to be absent, if the exigencies of the service permit, until they have had eight consecutive hours off duty without deduction of pay for ordinary time off duty occurring during such absence. If the exigencies of the service prevent such absence being allowed, the employee shall be paid at the rate of double time for such portion of the eight hours as is worked.
Overtime worked in the circumstances specified in subclause (vii) of this clause shall not be regarded as overtime for the purposes of this subclause where the actual time worked is less than three hours on such recall or on each such recall.
(iv) When more than one and a half hours' overtime is required to be worked immediately after ordinary working hours, or after what would be the ordinary working hours if the employee be working on a day the employee ordinarily has off, an employee before starting to work such overtime shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. The Employer and an employee may agree to any variation of this provision, provided that the Employer shall not be required to make any payment in respect of time allowed in excess of 20 minutes, provided further that this subclause shall not operate to prevent urgent repairs being effected to vehicles or locomotives at places, other than workshops, or to equipment to keep a plant operating.
(v) An employee who works four hours' overtime after having had the meal break provided for in subclause (iv) of this clause shall be allowed a further meal break of 20 minutes without deduction of pay if the employee is required to continue working.
(vi) An employee required to work overtime for more than two hours immediately after ordinary finishing time without being notified the day before that the employee would be so required to work shall either be supplied with a meal by the Employer or paid $7.70 for the first meal and for each subsequent meal. If an employee pursuant to notice has provided a meal or meals and is not required to work overtime, the employee shall be paid as herein prescribed for meals so provided.
(vii) An employee called out after working hours shall be paid for not less than three hours at the appropriate penalty rate.
(viii) No employee, including a night shift worker, shall work more than 16 hours' overtime in any one week excepting in case of extreme emergency such as urgent repairs or delay causing unemployment.
(Amount in paragraph (iv) varied in Government Railways (Building Trades - Maintenance Staff 1994 Expense Related Allowances Award matter no. 4911/97 effective date 30 September 1997.)
5. Rates of Wages, Tool and Special Allowances
(i) Employees of the classifications specified hereunder shall be paid at the following rates of wages per week:
Classification / Base* / Tool / Special / Additional / Trades- / SWC / TotalRate / Allowance / Allowance / Loading / persons’ / 2000- / per wk
per wk / per wk / per wk / per wk / Allowance / 2004
per wk
$ / $ / $ / $ / $ / $ / $
Bricklayer / 366.00 / 15.60 / 12.88 / 59.87 / 16.25 / 82.00 / 552.60
Bridge Carpenter / 366.00 / 22.10 / 12.88 / 59.87 / 16.25 / 82.00 / 559.10
Carpenter and Joiner / 366.00 / 22.10 / 12.88 / 59.87 / 16.25 / 82.00 / 559.10
Painter / 366.00 / 5.40 / 12.88 / 59.87 / 16.25 / 82.00 / 542.40
Signwriter / 375.80 / 5.40 / 12.88 / 59.87 / 16.25 / 82.00 / 552.20
Plaster and Fibrous
Plaster Fixer / 366.00 / 18.20 / 12.88 / 59.87 / 16.25 / 82.00 / 555.20
Plumber and Gasfitter / 369.10 / 22.10 / 12.88 / 59.87 / 16.25 / 84.00 / 564.20
* Please note the base rate includes the now deleted basic wage component of $121.40