Security Industry (State) Award NSW AN120497

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

National Building and Construction Industry Award 2000 [AP790741CRV – Fed] ...... 2 6. Coverage of Award...... 2 7. Parties Bound...... 4 8. Persons, Organisations, Industries and Employers Exempted from Coverage....4 Appendix A, Clause 1.2 Scope...... 5 Appendix A, Clause 2.1 Scope...... 5 Appendix A, Clause 3.1 Scope...... 5 Appendix A, Clause 4.1 Application...... 5 Appendix A, Clause 4.2 Scope...... 5 Declaration – Victoria...... 6 4. Definitions...... 10

Building and Construction Industry (ACT) Award, 2002 [AP817145CRA – Fed]11 6. Coverage of Award...... 11 7. Parties Bound...... 11

Building and Construction Industry (Northern Territory) Award 2002 [AP812941CRN – Fed]...... 12 1.3 Scope...... 12 1.4 Parties and Persons Bound...... 12 1.7 Application of Other Awards...... 12

National Joinery and Building Trades Products Award 2002 [AP817265CRV – Fed]...... 15 6. Coverage of Award...... 15 7. Parties Bound...... 15 8. Persons, Organisations, Industries and Employers Exempted from Coverage..15 Declaration - Victoria...... 16 4. Definitions...... 19

Roof Slaters and Tilers (Victoria) Award 2002 [AP818507CRV – Fed]...... 21 6. Coverage of Award...... 21 7. Parties Bound...... 21 Declaration – Victoria...... 21

Building, Metal and Civil Construction Industries Comparison - Building Sector – Federal Awards – Scope Detailed – As at 2 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).

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

2 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 precast 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 (ACT) Award, 2002 [AP817145CRA – Fed]

6.1 Scope

This award applies as a common rule in the building industry in the Australian Capital Territory and applies to the employment of persons engaged on the work of the classifications contained in this award.

6.2 Locality

This award applies in the Australian Capital Territory (including, except hereinafter provided, the Territory occupied by the Commonwealth, in pursuance of the Jervis Bay Territory Acceptance Act 1915).

7. Parties Bound

This award shall be binding upon:

7.1 The Construction, Forestry, Mining and Energy Union, its officers and its members or persons eligible to be members engaged in occupations, industries, or callings specified in this award; and

7.2 The Master Builders Construction and Housing Association of the Australian Capital Territory and the Confederation of ACT Industry and their members in respect of their employees within the classifications contained in this award, whether members of the organisation or not mentioned in 7.1.

Building and Construction Industry (ACT) Award, 2002 [AP817145CRA – Fed]

11 Building and Construction Industry (Northern Territory) Award 2002 [AP812941CRN – Fed]

1.3 Scope

1.3.1 This award shall govern the wages and conditions of all persons engaged in the performance of all work in or in connection with, or incidental to, the industries and/or industrial pursuits of:

1.3.1(a) the building industry;

1.3.1(b) civil and/or mechanical engineering;

1.3.1(c) the construction industry, including the building, construction, erection, maintenance, repair and/or demolition of:

1.3.1(c)(i) any building, plant, complex or structure; or

1.3.1(c)(ii) any civil or mechanical engineering project or work;

1.3.1(d) construction and maintenance of rivers and harbours;

1.3.1(e) construction and maintenance of roads and aerodromes;

1.3.1(f) water and sewerage works;

1.3.1(g) public works and services;

1.3.1(h) construction and maintenance of fuel oil and petrol tanks, and pipelines;

1.3.1(i) construction and maintenance of railways;

1.3.1(j) surveying; and

1.3.1(k) all work in joinery establishments or establishments concerned with the prefabrication of items (including structures) for use in or in connection with building or construction.

1.3.2 This award shall apply in the Northern Territory.

1.4 Parties and Persons Bound

This award shall be binding upon the Australian Liquor, Hospitality and Miscellaneous Workers Union, the Construction, Forestry, Mining and Energy Union, the Territory Construction Association and upon the employers whose names appear in Schedule A - Respondents.

1.7 Application of Other Awards

Where an employee is engaged within the scope of this award upon duties for which a rate prescribed by another award which is made under the Workplace Relations Act 1996 and which is applicable to the Northern Territory, he/she shall be paid the weekly wage rate prescribed for those duties (other than industry allowance) applicable under that other award, and shall be bound by the contract of

Building and Construction Industry (Northern Territory) Award 2002 [AP812941CRN – Fed]

12 employment of that other award, but all his/her other conditions of employment including allowances shall be those provided by this award. Provided always that the weekly rate payable to such an employee shall be not less than that prescribed for classification 10, group 4 of 5.1 - Wage rates. Notwithstanding the foregoing, in respect of metal industry classifications, the award rates to be applied shall be those applicable to the Metal Industry (Northern Territory) (Consolidated) Award 1982 [Print E9888 [M0117CRN]].

Declaration – Northern Territory

[Common rule declared by B0035 V003 D Print P8750 from 5 February 1998]

1. The Building and Construction Industry (Northern Territory) Award 1996 as varied to date shall be a common rule of the industry and/or industrial pursuits of Building and Construction (other than all work in or about Gove on the construction of the Bauxite treatment plant and on the construction of its supporting and associated facilities) including but without in any way limiting the generality of the foregoing:

(a) building industry;

(b) civil and/or mechanical engineering;

(c) the construction industry, including the building, construction, erection, maintenance, repair and/or demolition of:

(i) any building, plant, complex or structure; or

(ii) any civil or mechanical engineering project or work;

(d) construction and maintenance of rivers and harbours;

(e) construction and maintenance of roads and aerodromes;

(f) water and sewerage works;

(g) public works and services;

(h) construction and maintenance of fuel oil and petrol tanks and pipelines;

(i) construction and maintenance of railways;

(j) surveying; and

(k) all work in joinery establishments or establishments concerned with the prefabrication of items (including structures) for use in or in connection with building or construction.

(l) The construction of mines, mine sites, ore processing, smelting and treatment plants, and their associated services and facilities and all work ancillary to any of the above,

in the Northern Territory and shall be binding on all employers in the said industry in respect of the employment by them of employees in the classifications for which provision is made in the said award and shall be binding on all such employees.

13 2. The declaration shall not apply to:

(i) The Commissioner for Public Employment in respect of employees of the Northern Territory Public Sector.

3. The foregoing declaration shall operate from midnight of 5th February 1998.

14 National Joinery and Building Trades Products Award 2002 [AP817265CRV – Fed]

6.1 Locality

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

6.2 Scope

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

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

7. Parties Bound

This award shall be binding upon:

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

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

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

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

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

Declaration - Victoria

National Joinery and Building Trades Products Award 2002 [AP817265CRV – Fed]

15 [Common rule declared by PR954154 from 01Jan05]

1.1 the award means the National Joinery and Building Trades Products Award 2002, as varied from time to time;

1.4 the industry means the employment of persons engaged on any of the following:

1.4.1 joinery work

1.4.2 shopfitting;

1.4.3 maintenance;

1.4.4 prefabricated buildings;

1.4.5 stonemasonry;

1.4.6 shop work painting;

1.4.7 shop work signwriting;

1.4.8 work in a mixed industry; or

1.4.9 construction work, other than work covered by the National Building and Construction Industry Victorian Common Rule Declaration.

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

2.4 binding on the Construction, Forestry, Mining and Energy Union, the Australian Workers’ Union (to the extent of its capacity to represent employees in the classifications contained in this award) and the registered organisations respondent to the award.

3. The following clauses of the award are not included in the National Joinery and Building Trades Products Victorian Common Rule Declaration 2005: National Joinery and Building Trades Products Award 2002 [AP817265CRV – Fed]

16 3.1 clause 5 - Commencement date and period of operation;

3.2 clause 6 - Coverage of award;

3.3 clause 7 - Parties bound insofar as it refers to employers bound by the award; and

3.4 clause 36.1 - Melocco Limited, Springvale.

4. The National Joinery and Building Trades Products Victorian Common Rule Declaration 2005 shall not apply to:

4.1 Employers respondent to the Timber and Allied Industries Award 1999 [AW800937] other than to the extent to which the National Joinery and Building Trades Products Award 1993, and all roping-in awards made pursuant to that award, applied prior to the making of the National Joinery and Building Trades Products Award 2002.

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

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

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

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

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

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

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

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

Note 1

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) National Joinery and Building Trades Products Award 2002 [AP817265CRV – Fed]

18 and the Regulations thereunder. Further, “existing arrangements” includes the making of contributions to such funds.

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.

Note 3

4. Definitions

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

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

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

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

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

19 4.26 “Precast Concrete Manufacturing” means in South Australia all work performed in the preparation, or casting and/or machining of re-constituted granite, terrazzo, marble, mosaic or precast articles.

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

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

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

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

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

20 Roof Slaters and Tilers (Victoria) Award 2002 [AP818507CRV – Fed]

6.1 Scope

This award shall apply to the employment, by respondent employers or members of respondent employer organisations, of all persons (whether members of the union or not) in the process, trade or business of a slater, roof-tiler, ridger, shingler, or cement tiler (other than a tiler laying wall or flooring tiles).

6.2 Locality

This award shall apply in the state of Victoria.

7. Parties Bound

This award shall be binding upon the Construction, Forestry, Mining and Energy Union and the respondent employers and members of the respondent employer organisations listed in the schedule of respondents to this award.

Declaration – Victoria

[Common rule declared by PR954153 from 01Jan05]

1.1 the award means the Roof Slaters and Tilers (Victoria) Award 2002, as varied from time to time;

1.4 the industry means the industry and employment of all persons in the process, trade or business of a slater, roof-tiler, ridger, shingler or cement tiler.

2.1 a common rule for the industry in Victoria and known as the Roof Slaters and Tilers Victorian Common Rule Declaration 2005;

Roof Slaters and Tilers (Victoria) Award 2002 [AP818507CRV – Fed]

21 2.4 binding on the Construction, Forestry, Mining and Energy Union and the registered organisations respondent to the award.

3. The following clauses of the award are not included in the Roof Slaters and Tilers Victorian Common Rule Declaration 2005:

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

3.2 clause 6.1 - Scope;

3.3 clause 7 - Parties bound, insofar as it refers to employers bound by the award.

4. The Roof Slaters and Tilers Victorian Common Rule Declaration 2005 shall not apply to:

4.1 tilers laying wall or flooring tiles.

5. Subject to 5.1 to 5.4 below, all provisions in the Roof Slaters and Tilers Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.

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

6. The Roof Slaters and Tilers 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].

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 Roof Slaters and Tilers 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.

22 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 Roof Slaters and Tilers Victorian Common Rule Declaration 2005.

9.3 Any registered organisation bound by the terms of the Roof Slaters and Tilers 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.

Note 1

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.

23 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.

Note 3