Security Industry (State) Award [NSW – AN120497] · Web viewNational Building and Construction Industry Award 2000 [AP790741CRV – Fed] 2 6. Coverage of Award 2 7. Parties Bound

Building, Metal and Civil Construction Industries Comparison - Building Sector – Scope – Detailed – NAPSAs

National Building and Construction Industry Award 2000 [AP790741CRV – Fed]......26. Coverage of Award..............................................................................................27. Parties Bound.......................................................................................................48. Persons, Organisations, Industries and Employers Exempted from Coverage....4Appendix A, Clause 1.2 Scope.................................................................................5Appendix A, Clause 2.1 Scope.................................................................................5Appendix A, Clause 3.1 Scope.................................................................................5Appendix A, Clause 4.1 Application.........................................................................5Appendix A, Clause 4.2 Scope.................................................................................5Declaration – Victoria...............................................................................................64. Definitions..........................................................................................................10

Building and Construction Industry (State) Award [AN120089 - NSW]..............116. Area, Incidence and Duration.............................................................................114. Classification Definitions....................................................................................12

Building Construction Industry Award - State 2003 [AN140043 - QLD]..............131.4 Application of Award.........................................................................................131.5 Parties Bound...................................................................................................131.6 Definitions........................................................................................................13

Building and Construction Industry (SA) Award [AN150670 - SA]......................151.3 Coverage of Award...........................................................................................151.4 Persons, organisations, industries and employers exempted from coverage. .151.7 Definitions........................................................................................................15

Building Trades (Construction) Award 1987 [AN160034 - WA]...........................173. Scope.................................................................................................................174. Area....................................................................................................................17Schedule A - Parties to the Award.........................................................................17Schedule B – Respondents....................................................................................177. Definitions..........................................................................................................17Classification Table – Derived from Clause 8. Rates of Pay..................................18

Building and Construction Industry Award [AN170010 - TAS]............................193. Scope.................................................................................................................195. Award Interest....................................................................................................19Classification Table – Derived from Clause 13. Wage Rates.................................20

Building, Metal and Civil Construction Industries Comparison - Building Sector – NAPSAs – Scope Detailed – As at 24 October 2008

1

National Building and Construction Industry Award 2000 [AP790741CRV – Fed]

6. Coverage of Award

6.1 Scope

The scope of this award shall be in three parts as follows:

6.1.1 Tradesperson classifications

[6.1.1(a) substituted by PR922009 ppc 26Aug02]

6.1.1(a) In relation to the Tradesperson classifications in 18.1.2 and 19.3.1, subject to the exceptions and modifications contained herein, this award applies to the employment of persons engaged on construction work (as defined).

6.1.1(b) Provided that this shall not apply to the following:

the making of implements of agriculture;

the work of ship carpenters or ship joiners or of seagoing carpenters on articles;

in Victoria and South Australia, the construction or repair of wharves, jetties, piers or bridges, other than construction or repair of wharves, jetties, piers or bridges which are wholly or substantially built of concrete and in respect of which the performance of formwork requires the exercise of a substantial amount of the knowledge and skill of a tradesperson carpenter;

in Queensland:

the construction or repair of wharves, jetties, piers or bridges covered by and subject to the provisions of the Civil Construction, Operations and Maintenance, General Award - State;

the construction or repair of bulk sugar terminals and sugar mills covered and subject to the provisions of the Building Construction Industry Award - State.

employees classified in this award who are employed by a mixed enterprise in a maintenance and/or ancillary capacity;

in Victoria to the work of roof slaters, roof-tiler, ridger, shingler, or cement tiler (other than a tiler laying wall or flooring tiles).


2

http://www.airc.gov.au/alldocuments/PR922009.htm

6.1.2 Labourers classifications

[6.1.2(a) varied by PR922009 ppc 26Aug02]

6.1.2(a) In relation to the Labourer classifications contained in 18.1.2 and 19.3.1 of this award, this award applies in the States of Victoria, Tasmania, Western Australia, New South Wales, South Australia and Queensland (subject to 6.2 – Locality of this award), in respect of the employment of persons as builders’ labourers about any building or assisting any bricklayer, mason, plasterer, carpenter, plumber or any tradesperson engaged on building operations or employed on any making or contracting job in wood, stone, brick, concrete, iron or steel or combination of those or other materials incidental to building construction, repair, demolition or removal of buildings or as a scaffolder, rigger, gear hand, gantry hand or crane hand, dogger, powder monkey, pile diver, jack hammerman, winch or hoist driver, tackle hand, mixer driver, operator of motorised dump barrows, monorail skips, vibrators for packing concrete, concrete screeders on any building site and any labourer assisting a tradesperson on building sites in placing pre-stressed or pre-cast concrete components, or in placing curtain walling or in work in connection with the lift slab method of erection, and any labourer on building sites erecting in New South Wales or dismantling elsewhere than in New South Wales, steel formwork or supports thereto, any labourer excavating ground for foundations and basements of buildings or levelling ground on the site of and within the alignment of the actual building to be erected or doing concrete work, or mortar or concrete mixing in connection with or incidental to the foregoing operations and including all builders’ labourers employed as such in connection with all work of the Building Industry performed on the site hereof.

6.1.2(b) Provided that this award shall not apply to any builders’ labourer employed solely assisting any plumber or, employed by a plumbing Contractor on plumbing work.

6.1.3 Operators classifications

[6.1.3 varied by PR922009 ppc 26Aug02]

In relation to the Operator classifications contained in 18.1.2 and 19.3.1 of this award, subject to the exemptions and modifications contained in this award, this award applies to the employment of persons when engaged on construction, maintenance, alteration, repair or demolition work.

6.2 Locality

The locality of this award shall be in three parts as follows:

6.2.1 Tradesperson classifications


In relation to the Tradesperson classifications contained in 18.1.2 and 19.3.1 of this award, this award shall apply in the states of New South Wales (excluding the County of Yancowinna), Queensland, South Australia, Western Australia, Tasmania and Victoria.


3




6.2.2 Labourers classifications


In relation to the Labourer classifications contained in 18.1.2 and 19.3.1 of this award, this award shall apply in the States of Victoria, New South Wales (excluding the County of Yancowinna), Tasmania, South Australia, Western Australia and Queensland (other than that area of Queensland situated north of a line commencing at the sea coast with the twenty second parallel of south latitude, thence by that parallel of latitude due west to a hundred and forty seven degrees of east longitude thence by that meridian of longitude due south to twenty two degrees thirty minutes of south latitude, thence by that parallel of latitude due west to the western border of the state).

6.2.3 Operators classifications

[6.2.3(a) varied by PR922009 ppc 26Aug02]

6.2.3(a) In relation to the Operator classifications contained in 18.1.2 and 19.3.1 of this award, this award shall apply in the States of New South Wales (excluding the County of Yancowinna), Victoria, Tasmania, South Australia and Queensland.

6.2.3(b) Provided that in Queensland it shall apply to work other than civil engineering projects (which include dams, bridges, irrigation channels and roadworks) and work performed on Mt Isa Mines leases within 32 kilometres of the Mt Isa Post Office.

7. Parties Bound

This award shall apply to and be binding upon:

7.1 The Construction, Forestry, Mining and Energy Union and its officers and members employed by employers respondent to this award; and

7.2 The Australian Workers’ Union in respect of carpenters and joiners who are employed by Crown or local government authorities respondent to this award in the States of New South Wales (excluding the County of Yancowinna), South Australia, Tasmania and Victoria only; and

7.3 The employers and organisations of employers, respondent to this award in respect of their employees or employees of their members within the classifications contained in this award whether members of the organisation mentioned in 7.1 hereof or not.

8. Persons, Organisations, Industries and Employers Exempted from Coverage

8.1 Where employees bound by this award are employed on a project where the majority of employees are covered by the Australian Workers Union Construction and Maintenance Consolidated Award, 1989 [Print J0719 [A0516]], or by the General Construction and Maintenance Civil and Mechanical Engineering (State) Award (an award of the Industrial Relations Commission of NSW) then the relevant provisions of those awards relating to hours of work, shift work, rest periods, camping allowance and accommodation on distant jobs shall apply in lieu of similar provisions of this award.

8.2 This award shall not apply to work performed under the following awards:


4



8.2.1 The Building Crane Drivers (State) Award (an award of the Industrial Relations Commission of NSW);

8.2.2 The Plant Operators on Construction (State) Award (an award of the Industrial Relations Commission of NSW) when performed by members of the Australian Workers’ Union New South Wales (an industrial union of employees registered under the Industrial Relations Act 1996 NSW).

8.3 The Department of Public Works and Services NSW shall be exempted from the provisions of the following clauses of the award, so long as the NSW Government’s uniform leave conditions apply to the employees concerned:

clause 24.12 - Accident pay clause 32 - Annual leave clause 33 - Personal leave clause 34 - Parental leave clause 35 - Jury service

Appendix A, Clause 1.2 Scope

This clause shall apply to all work associated with the construction of the North West Shelf Gas Project on the Burrup Peninsula.


This clause will apply to the Pinjarra and Kwinana Alumina Refineries.


This clause will apply to the Wagerup Alumina Refinery.

Appendix A, Clause 4.1 Application

4.1.1 This clause shall apply to employees employed by respondent employers who perform work within the scope of the award (as defined in 4.2 hereof) on the North West Shelf Gas Project, Burrup Peninsula in the State of Western Australia.

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


This clause shall apply to all work associated with the construction, maintenance, servicing or modification of plant and equipment or site work on any onshore facilities owned and operated by Woodside Offshore Petroleum Pty Ltd on the Burrup Peninsula.


5

Declaration – Victoria

[Common rule declared by PR954156 from 01Jan05]

Further to the decision issued by the Commission on 10 December 2004 [PR954142] and pursuant to ss. 141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission makes the following declaration for a common rule award:

1. In this Declaration:

1.1 the award means the National Building and Construction Industry Award 2000, as varied from time to time;

1.2 employees means employees in the industry who perform work of a kind that is covered by the award;

1.3 employers means employers who employ employees;

1.4 the industry means all worked performed in connection with:

1.4.1 tradespersons, apprentices and trainees engaged in the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the making, assembling or fixing of woodwork and fittings in connection therewith, the making, preparing, assembling, and fixing of any material necessitating the use of tradesperson’s tools or machines including all work performed by stonemasonry classifications and the prefabrication of a building in an open yard; and

1.4.2 labourers engaged as builders’ labourers about any building or assisting any bricklayer, mason, plasterer, carpenter, plumber or any tradesperson engaged on building operations or employed on any making or contracting job in wood, stone, brick, concrete, iron or steel or combination of those or other materials incidental to building construction, repair, demolition or removal of buildings or as a scaffolder, rigger, gear hand, gantry hand or crane hand, dogger, powder monkey, pile diver, jack hammerman, winch or hoist driver, tackle hand, mixer driver, operator of motorised dump barrows, monorail skips, vibrators for packing concrete, concrete screeders on any building site and any labourer assisting a tradesperson on building sites in placing pre-stressed or pre-cast concrete components, or in placing curtain walling or in work in connection with the lift slab method of erection, and any labourer on building sites dismantling steel formwork or supports thereto, any labourer excavating ground for foundations and basements of buildings or levelling ground on the site of and within the alignment of the actual building to be erected or doing concrete work, or mortar or concrete mixing in connection with or incidental to the foregoing operations and including all builders’ labourers employed as such in connection with all work of the building industry; and

1.4.3 operators and trainees engaged on construction, maintenance, alteration, repair or demolition work.

2. That save for and subject to the matters referred to in clauses 4 to 8 below, the whole of the terms of the award, as varied from time to time, except those specified in clause 3 below, shall be:


6



2.1 a common rule for the industry in Victoria and known as the National and Building and Construction Industry Victorian Common Rule Declaration 2005;

2.2 binding on all employers in respect of the employment by them of employees;

2.3 binding on all employees; and

2.4 binding on the Construction, Forestry, Mining and Energy Union and the AWU (but only in respect of carpenters and joiners who are employed by Crown or local government), and the registered organisations respondent to the award.

3. The following clauses of the award are not included in the National Building and Construction Industry Victorian Common Rule Declaration 2005:

3.1 clause 5 - Commencement date of award and period of operation;

3.2 clause 6 - Coverage of award;

3.3 clause 7 - Parties bound;

3.4 Appendix A - Western Australia - site provisions;

3.5 Schedule A - Employer respondents; and

3.6 Schedule B - Respondents.

4. The National Building and Construction Industry Victorian Common Rule Declaration 2005 shall not apply to:

4.1 Any builders’ labourer employed solely assisting any plumber or, employed by a plumbing contractor on plumbing work; or

4.2 the work of roof slaters, roof-tilers, ridgers, shinglers or cement tilers (other than a tiler laying wall or flooring tiles); or

4.3 work in stonemasonry yards and/or shops and cemeteries; or

4.4 tradespersons engaged in the making of implements of agriculture; or

4.5 the work of ship carpenters or ship joiners or of seagoing carpenters on articles; or

4.6 tradespersons engaged in the construction or repair of wharves, jetties, piers or bridges, other than construction or repair of wharves, jetties, piers or bridges which are wholly or substantially built of concrete and in respect of which the performance of formwork requires the exercise of a substantial amount of the knowledge and skill of a tradesperson carpenter; or

4.7 employees employed by a mixed enterprise in a maintenance and or ancillary capacity.

5. Subject to 5.1 to 5.4 below, all provisions in the National Building Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.

5.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January 2005 attract leave loading.


7

5.2 With respect to redundancy payments for employees, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating service. [Note: the agreement in respect of this issue is without prejudice to the position a party may put in roping-in proceedings.]

5.3 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004.

5.4 The wages clauses (including all allowances and penalty payments) are to commence operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the wages clauses commence operation no later than 5 January 2005.

6. The National Building and Construction Industry Victorian Common Rule Declaration 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award.

7. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 to provide support for that person. [See Note 1 below].

8. An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration, prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 2 below].

9. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits provided under a contract of employment made prior to the date of this declaration against entitlements and benefits required to be provided under the National Building and Construction Industry Victorian Common Rule Declaration 2005, the matter may be referred to a Board of Reference, consisting of a member of the Commission, which shall determine whether or not such a set-off should be permitted having regard to what is fair and equitable in all the circumstances of the case, without regard to technicalities and legal forms.

9.1 An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.

9.2 This clause shall apply for a period of twelve months from the commencement date of the National Building and Construction Industry Victorian Common Rule Declaration 2005.


8

9.3 Any registered organisation bound by the terms of the National Building and Construction Industry Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation to any application made pursuant to this provision.

10. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of leave including sick leave, annual leave, long service leave or parental leave to which employees or any of them have become entitled by accrual or otherwise prior to the commencement date in clause 11 below.

11. This declaration shall be an award of the Commission, shall come into force on 1 January 2005 and shall remain in force for a period of three months and thereafter in accordance with the Act. [See Note 3 below].

Note 1

1. Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

2. The intention of this provision is limited to preventing the award from applying to sheltered workshops (i.e. supported employment services) - it does not prevent the award from applying to employees with disabilities in open employment; and

3. Leave is reserved for any party to have this issue reconsidered in the light of any developments in the national process which is currently considering workplace relations issues for sheltered workshops. This national process includes the Disability Sector National Industry Consultative Council and any related applications that seek award coverage for sheltered workshops.

Note 2

1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at the date of effect of the common rule declaration, are making superannuation contributions into a complying superannuation fund. These employers will not be required to change their existing arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an agreement between the employer and employees. For the avoidance of doubt, the exception continues to apply to employers who are making superannuation contributions to complying superannuation funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which benefits are transferred, after the date of effect of the common rule declaration, in accordance with the Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further, “existing arrangements” includes the making of contributions to such funds.

2. The exception is in respect of current and future employees of the employers who are entitled to the benefit of the exemption.

3. The exception does not apply to new businesses which are established after the date on which the award is declared to have effect as a common rule.


9

4. The exception only applies to employers who are required to apply the terms of the award by virtue of the Common Rule declaration. It does not apply to employers who are named respondents to the award or who are parties bound by virtue of the membership of an employer organisation.

5. The exception applies subject to any Commonwealth legislation to the contrary.

Note 3

1. Subject to section 113 of the Workplace Relations Act 1996 and any order of the Commission, an award dealing with particular matters continues in force until a new award is made dealing with the same matters (see s.148 of the Workplace Relations Act 1996).

4. Definitions

4.13 Construction work

4.13.1 For the purposes of 6.1.1 of this award, means all work performed under this award in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the making, assembling or fixing of woodwork and fittings in connection therewith, the making, preparing, assembling, and fixing of any material necessitating the use of tradesperson’s tools or machines including all work performed by stonemasonry classifications (provided that in the states of South Australia, Victoria, Western Australia and Queensland work in Stonemasonry yards and/or shops and in cemeteries shall not be regarded as construction work) and the prefabricating of a building in an open yard.

4.13.2 For the purpose of this definition maintenance is confined to tradesperson’s employed by building and construction industry employers respondent to this award.

4.14 Construction work

4.14.1 For the purposes of 6.1.2 of this award, means all work performed under this award in connection with the erection, repair, renovations, maintenance, ornamentation or demolition of buildings or structures.

4.14.2 For the purpose of this definition maintenance is confined to persons employed by private building and construction industry employers respondent to this award.


10

Building and Construction Industry (State) Award [AN120089 - NSW]

6. Area, Incidence and Duration….6.3 Subject to the exceptions and modifications contained in this award, this Award applies in the State of New South Wales and only in respect of the employment of persons eligible to be members of the unions to the employment of:(a) persons engaged on construction work of the classifications contained in this award;(b) painters and signwriters employed in a painting or signwriting shop by an employer whose principal business is in the building and construction industry who in addition to carrying out on-site construction work also operates a painting and/or signwriting shop; and(c) as builders' labourers about any building or assisting any bricklayer, mason, plasterer, carpenter, plumber, or any tradesperson engaged on building operations or employed on any making or contracting job in wood, stone, brick, concrete, iron or steel or combination of those or other materials incidental to building construction, repair, demolition or removal of buildings or as a scaffolder, rigger, gantry hand and crane hand, dogger , powder monkey, pile driver, jack hammer-person , winch or hoist driver, tackle hand, mixer driver, operator of motorised dump barrows, monorail skips, vibrators for packing concrete, on any building site and any labourer assisting a tradesperson on building sites in placing pre-stressed or pre-cast concrete components, or in placing curtain walling or in work in connection with the lift slab method of erection and any labourer on building sites erecting steel formwork or support thereto, any labourer excavating ground for foundations and basements of building or levelling ground on the site of and within the alignment of the actual building to be erected or doing concrete work, or mortar or concrete mixing in connection with or incidental to the foregoing operations and including all builders' labourers employed as such in connection with all work of the Building Industry performed on the site thereof.Provided that this award shall not apply to any builder's labourer employed solely assisting any plumber, or employed by a plumbing Contractor on plumbing work.It shall not apply to employment by an employer in any industry where work performed by the employee is subsidiary or auxiliary to the chief and principal purposes and business of such industry.6.4 Provided that this award shall not apply to the following:(a) The making of implements of agriculture.(b) The work of ship carpenters or ship joiners or of seagoing carpenters on articles or ship painters or ship signwriters or ship grainers or ship gilders.(c) Employees classified in this award who are employed by a mixed enterprise in a maintenance and/or ancillary capacity.(d) Employees working in the County of Yancowinna.(e) Employees whose rates of pay and conditions of employment are regulated by the Crown Employees (Skilled Tradesmen) Award or any award replacing same.(f) Employees of an employer who is respondent to the National Building and Construction Industry Award, 2000;(g) Employees of Public Hospitals in New South Wales.6.5 The award shall take effect from the beginning of the first pay period on or after 15 March 2001 and shall remain in force for a period of 24 months.6.6 The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made


11

by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 26 May 2004.

4. Classification Definitions…4.28 Union shall mean the Construction, Forestry, Mining and Energy Union, Construction & General Division (New South Wales Branch).


12

Building Construction Industry Award - State 2003 [AN140043 - QLD]

1.4 Application of Award

1.4.1 Except as provided for in clause 1.4.2, this Award applies to all employers engaging persons in the classifications defined in this Award on Construction Work, as defined, and to such employees.1.4.2 This Award will not apply to employees:(a) specifically covered by any other Award, Industrial or Enterprise Agreement of the Commission.(b) classified in this Award who are employed by a Mixed Enterprise in a maintenance and/or ancillary capacity:Provided that employees of joinery, shopfitting, or glass workshops engaged on Construction Work on site, or on new Construction Work on buildings at the employer's premises exceeding 23.23 sq. m. for any day or part of will be paid, where applicable, for the whole day in accordance with the rates of pay set out in clauses 5.1.2, 5.1.4 and 5.1.5. In addition such employees will be paid the allowances as set out in clause 5.6.24 (Industry allowance), 5.6.38 (Tool allowance), 5.6.28 (Multi-storey allowance); clause 8.1 (Fares and travel allowances); clause 6.1 (Hours of work); clause 6.2 (Meal breaks, rest periods and crib time); clause 6.3 (Overtime and special time) and clause 6.5 (Weekend work) of this Award. Should the abovementioned employees be working on site, etc., for 3 or more days in any pay week, they will be paid in accordance with the above for the whole of that pay week.(c) of the Queensland State Government and Q Rail, Governmental Instrumentalities including Electricity Authorities, Boards, and Local Authorities including the Brisbane City Council.(d) performing the work of ship carpenters or ship joiners or of seagoing carpenters on articles; (the making of implements of agriculture).(e) employed by sugar mills, sugar refineries and distilleries and employees engaged on building construction and/or repair work on or in connection with any bulk sugar terminal.

1.5 Parties Bound

This Award is legally binding upon the employees as prescribed by clause1.4 and their employers, and the:(a) Construction Forestry Mining and Energy, Industrial Union of Employees, Queensland;(b) Australian Building Construction Employees and Builders Labourers Federation (Queensland Branch) Union of Employees;(c) Plumbers and Gasfitters Employees Union of Australia, Queensland Branch, Union of Employees;(d) The Australian Workers' Union of Employees, Queensland;and their members.1.6 Definitions…

1.6.11 "Construction Work" means all on-site work in connection with erection, additions, repair, renovation, maintenance, ornamentation, or demolition of building including the making, assembling, or fixing of woodwork and fittings in connection therewith, the making, preparing, assembling, and


13

fixing of any material necessitating the use of tradeperson's (contained within this Award) tools or machines on site.

This excludes minor maintenance as defined in the Building Products, Manufacture and Minor Maintenance Award - State, provided that clause 1.6.12 will apply to work performed by various Stonemasonry classifications, except such work performed in Stonemasonry yards, factories and/or shops and in cemeteries.


14

Building and Construction Industry (SA) Award [AN150670 - SA]

1.3 Coverage of Award1.3.1 Scope and Persons Bound1.3.1.1 Except as provided in clause 1.3.1.2 this Award shall be binding on the industry of the occupation set out in Schedule 1 – Classifications and Wages engaged in construction work as defined whether as employers or employees and whether members of an association or not.1.3.1.2 This Award shall not be binding on those persons who are got the time being subject to an Enterprise Agreement within the meaning of the Act to the extent of the terms of the Agreement which are inconsistent with the Award or upon:(a) persons engaged in the meaning of implements of agriculture;(b) persons engaged in the work of ship carpenters or ship joiners or of seagoing carpenters on articles;(c) persons engaged in the construction or repair of wharves, jetties, piers or bridges;(d) employees classified in this award who are employed by a mixed enterprise in a maintenance and/or ancillary capacity;(e) any persons who are subject to an Australian Workplace Agreement or a Federal registered Enterprise Agreement;(f) any employer or employees of an employer respondent to the National Building and Construction Industry Award 2000;(g) One Steel Manufacturing Pty Ltd or any of its employees;(h) The Commissioner for Public Employment or any public service employees;(i) The Department of Health or any of its employees;(j) The Flinders University of South Australia or any of its employees;(k) TransAdelaide or any of its employees;(l) Pasminco Ltd or any of its employees;(m) The Broken Hill Associated Smelters Pty Ltd or any of its employees;(n) Any district council or council of any municipality or employees of any such council.1.3.2 LocalityThis Award shall apply throughout the State of South Australia.

1.4 Persons, organisations, industries and employers exempted from coverageOPDATE 24:03:2006 1st pp on or afterWhere employees bound by this Award are employed on a project where the majority of employees are covered by the Australian Workers’ Union Construction and Maintenance Award 2002 or the Construction and Maintenance (South Australia) Award then the relevant provisions of those Awards relating to hours of work, shift work, rest periods, camping allowance and accommodation on distant jobs shall apply in lieu of similar provisions of this Award.

1.7 Definitions

…

1.7.10 Construction work

1.7.10.1 For the purposes of clause 1.3.1.1, construction work means all work performed under this Award in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the making, assembling or fixing of woodwork and fittings in connection therewith, the making, preparing, assembling, and fixing of any material necessitating the use of tradesperson’s tools or machines including all work performed by stonemasonry classifications

Building and Construction Industry (SA) Award [AN150670 - SA]15

(provided that work in Stonemasonry yards and/or shops and in cemeteries shall not be regarded as construction work) and the prefabricating of a building in an open yard.

1.7.10.2 For the purpose of this definition maintenance is confined to tradesperson’s employed by building and construction industry employers.

1.7.11 Construction work

1.7.11.1 For the purposes of 1.7.25, construction work means all work performed under this Award in connection with the erection, repair, renovations, maintenance, ornamentation or demolition of buildings or structures.

1.7.11.2 For the purpose of this definition maintenance is confined to persons employed by private building and construction industry employers.

….1.7.57 Union means the Construction Forestry Mining and Energy Union, South Australian Branch and the Australian Building and Construction Workers Federation…

Building and Construction Industry (SA) Award [AN150670 - SA]16

Building Trades (Construction) Award 1987 [AN160034 - WA]

3. ScopeThis award shall apply:(1) to all employees usually employed on or employed as casual employees on construction work as defined in Clause 7. - Definitions of this award in any of the callings set out in Clause 8. - Rates of Pay of this award and who are employed in the building construction industry; and(2) to all apprentices usually employed on construction work as defined in Clause 7. - Definitions of this award and taken to any of the trades to which this award relates and who are employed in the building construction industry; and(3) without affecting the operation of subclauses (1) and (2) hereof, to all employees including apprentices usually employed on or employed as casual employees on construction work as defined in Clause 7. - Definitions of this award in any of the callings (except each and every builders' labourers classification) set out in Clause 8. - Rates of Pay of this award, who are employed in the construction industry (other than the building construction industry) and whose work if it had been performed on the 27th day of November 1989, was not covered by any other award of the Western Australian Industrial Relations Commission; and(4) to all employers employing those employees and/or apprentices; and(5) to all principal contractors and project managers referred to in Clause 30. - Amenities of this award for the purposes only of that clause

4. AreaThis award shall operate throughout the State of Western Australia

Schedule A - Parties to the AwardThe following organisations are parties to this award:The Construction, Forestry, Mining and Energy Union of WorkersBuilding Trades Association of Unions of Western Australia (Association of Workers)The Plumbers and Gasfitters Employees' Union of Australia, West Australian Branch, Industrial Union of Workers

Schedule B – Respondents

Construction Contractors Association of Western AustraliaThe Master Builders' Association of WA (Union of Employers) The Master Painters', Decorators' and Signwriters' Association of WA, Industrial Union of Employers, The Master Plasterers' Association of WA (Union of Employers) The Master Plumbers' Association of WA (Union of Employers)

7. Definitions

(3) "Construction Work" means -

(a) all work "on-site" in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or other structures of any kind whatsoever;


17

or

(b) all work which the union and the employer concerned agree is construction work but only if the agreement is approved by the Board of Reference;

or

(c) all work which, in default of an agreement as aforesaid, is declared by the Board of Reference to be construction work.

Classification Table – Derived from Clause 8. Rates of Pay

Group 4 Builders' Labourers other than as specified in classifications (i) to (iii) herein

Group 3 Bricklayer's Labourer, Plasterer's labourer, Assistant powder monkey, Assistant Rigger Demolition, Gear Hand, Cement Gun Operator, Concrete Cutting or Drilling, Machine Operator, Pile Driver, Tackle Hand, Jackhammer Hand, Mixer Driver (Concrete), Steel erector, Aluminium Alloy, Structural Erector Gantry Hand or Crane Hand, Concrete Gang including Concrete Floaterm Steel or Bar Bender to pattern or plan, Concrete Formwork Stripper, Concrete Pump Hose Hand, Trades Labourer, Brick Paver, Labourer, Brick Cleaner/Labourer

Group 2 Scaffolder, powder monkey, hoist or winch driver, steel fixer, including track welder, concrete pump operator

Group 1 Rigger, Dogger, Dogman


18

Building and Construction Industry Award [AN170010 - TAS]

3. ScopeThis award is established in respect of the Building and Construction Industry, which includes:(a) Building WorkWork performed in or in connection with the excavation, erection, construction, repair, renovation, maintenance, demolition or pre-fabrication of buildings, including concrete grain silos.(b) Trade and Specialised Work(i) painting, paper hanging, glazing (construction work done on site); (ii) signwriting; (iii) plastering (whether solid or sheet); (iv) partitioning and ceiling fixing; (v) floor sanding; (vi) carpentry; (vii) construction or demolition of wooden or concrete wharves, piers, jetties (other than by Marine Boards); (viii) scaffolding, rigging, steel-fixing or steel-tying; (ix) bricklaying; (x) roof tiling; (xi) stone working.(c) Civil Construction and Maintenance WorkThe trade of general earthmoving, and the construction, repair, maintenance or demolition of:(i) civil projects; (ii) silos; (iii) sports and/or entertainment complexes; (iv) car parks (excepting car park buildings and car parks within the alignment of a building); (v) 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; (vi) footpaths, kerbing and/or channelling and fencing.(d) Any other work carried out in the building and construction industry or demolition work in the building and construction industry not subject to another award.

5. Award Interest(a) The following employee organisations have an interest in this award pursuant to Section 63(10) of the Industrial Relations Act 1984:(i) the Construction, Forestry, Mining and Energy Union, Tasmanian Branch;(ii) The Australian Workers' Union, Tasmania Branch.(iii) the Transport Workers' Union of Australia (Victorian/Tasmanian Branch)(b) The following employer organisation has an interest in this award pursuant to Section 63(10) of the Industrial Relations Act 1984:The Master Builders' Association of Tasmania(c) The following organisation is deemed to have an interest in this award pursuant to Section 62(2) of the Industrial Relations Act 1984:the Tasmanian Chamber of Commerce and Industry Limited(d) The following organisation is deemed to have an interest in this award pursuant to Section 62(3) of the Industrial Relations Act 1984:the Tasmanian Trades and Labor CouncilBuilding and Construction Industry Award [AN170010 - TAS]

19

Classification Table – Derived from Clause 13. Wage Rates

Builders’ Labourers

Group 4 Builders' Labourers other than as specified in classifications (i) to (iii) herein

Group 3 Trades Labourers, jack-hammerman, mixer driver (concrete), gantry hand or crane hand, crane chaser, cement gun operator, concrete cutting or drilling machine operator, concrete gang including concrete floater, roof layer (malthoid or dimilar material), dump cart operator, concrete formwork stripper, mobile concrete pump hoseman or line hand

Group 2 Scaffolder, powder monkey, hoist or winch driver, foundation shaftsworker, stell fixer, including track welder, concrete finisher

Group 1 Rigger, Dogger

Building and Construction Industry Award [AN170010 - TAS]

20

Documents

Security Industry (State) Award [NSW – AN120497] · Web viewNational Building and Construction Industry Award 2000 [AP790741CRV – Fed] 2 6. Coverage of Award 2 7. Parties Bound