AN170096 – Silviculture and Afforestation Award
(a) Qualification
An employee shall be entitled to the provisions of this clause when employed on a job such a distance from his usual place of residence that he/she cannot reasonably return to that place each night, subject to the following conditions:
(i) The employee is maintaining a separate place of residence to which it is not reasonable to expect him/her to return each night; and
(ii) The employee, on being requested by the employer, informs the employer, at the time of engagement, that he/she maintains a separate place of residence from the address recorded on the job application.
(iii) Subject to subclause (b) hereof, an employee shall be regarded as bound by the statement of his address and no entitlement shall exist if he/she wilfully and without duress makes a false statement in relation to the above.
(b) Employee's Address
(i) The employer shall obtain and the applicant shall provide the employer with a statement in writing of his usual place of residence at the time the employee is engaged and no subsequent change of address shall entitle an employee to the provisions of this clause unless the employer agrees.
PROVIDED that documentary proof of address such as a long service leave registration card or driver's license may be accepted by an employer as proof of the employee's usual place of residence on engagement in lieu of the statement in writing referred to in this paragraph.
(ii) The employee shall inform his employer in writing of any subsequent change in his usual place of residence.
(iii) The address of the employee's usual place of residence and not the place of engagement shall determine the application of this clause.
(c) Entitlement
Where an employee qualifies under subclause (a) hereof the employer shall either:
(i) provide the worker with reasonable board and lodging; or
(ii) pay an allowance of $289.70 per week of seven days but such allowance shall not be wages. In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job the allowance shall be $41.40 per day.
PROVIDED that the foregoing allowances shall be increased if the employee satisfies the employer that he/she reasonably incurred a greater outlay than that prescribed. In the event of disagreement the matter may be referred to the Commission for determination; or
‘Reasonable board and lodging’ shall mean lodging in a well kept establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating and with hot and cold running water, in a single room.
(d) Travelling Expenses
An employee who is sent by his employer or selected or engaged by an employer or agent to go to a job which qualifies him/her to the provision of this clause shall not be entitled to any of the allowances prescribed by Part IV - Allowances, Clause 1 - Fares and Travelling Time of this award for the period occupied in travelling from his usual place of residence to the distant job, but in lieu thereof shall be paid:
(i) Forward Journey
(1) For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities).
(2) For the amount of a fare on the most common method of public transport to the job (bus; economy air; and any excess payment due to transporting the employee's gear if such is incurred.
(3) For each meal incurred while travelling at the rate prescribed by Part IV - Allowances, Clause 4 - Meal Allowance of this award.
PROVIDED that such rate shall be increased if the employee satisfies the employer that he/she reasonably incurred an expenditure greater than the rate prescribed by Part IV - Allowances, Clause 4 - Meal Allowance.
PROVIDED FURTHER that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues his employment within two weeks of commencing on the job and who does not forthwith return to his place of engagement.
(ii) Return Journey
An employee shall, for the return journey, receive the same time, fares and meal payments as provided in paragraph (i) hereof.
PROVIDED that the above return journey payments shall not be paid if the employee terminates or discontinues his employment within two months of commencing on the job or prior to the job completion if the work is for less than two months), or if he/she is dismissed for incompetence within one working week of commencing on the job, or is dismissed for misconduct.
(iii) Departure Point
For the purposes of this clause, travelling time shall be calculated as the time taken for the journey from the central or regional bus or air terminal nearest the employee's usual place of residence to the locality of the work.
(e) Daily Fares Allowance
An employee engaged on a job which qualifies him/her to the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) shall be paid the allowance prescribed by Part IV - Allowances, Clause 1 - Fares and Travelling Time of this award.
(f) Weekend Return Home
(i) An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who returns to his usual place of residence for the weekend and who notifies the employer or his representative, no later than Tuesday of each week, of his intention to return to his usual place of residence at the weekend, shall be paid an allowance of $24.10 for each occasion.
(ii) Paragraph (i) hereof shall not apply to an employee who is receiving the payment prescribed in subclause (c) hereof in lieu of board and lodging being provided by the employer or who is receiving a camping allowance as prescribed in subclause (g) hereof.
(iii) When an employee returns to his usual place of residence for a weekend or part of a weekend and does not absent himself from the job for any of the ordinary working hours, no reduction of the allowance prescribed in paragraph (ii) hereof shall be made.
(g) Rest and Recreation
(i) Bus and Air Travel
An employee who proceeds to a job which qualifies him/her to the provisions of this clause, may, after two months continuous service thereon and thereafter at three monthly periods of continuous service thereon, return to his usual place of residence at the weekend. If he/she does so, he/she shall be paid the amount of a bus or Air fare to the bus station or airport nearest his usual place of residence on the payday which immediately follows the date on which he/she returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend.
PROVIDED, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further 28 days after the expiration of any such period of two or three months as herein before mentioned, then the provisions of this subclause shall not be applicable.
(ii) Service Requirements
For the purpose of this subclause service shall be deemed to be continuous notwithstanding an employee's absence from work as prescribed in Part VI - Leave and Holidays With Pay, Clause 1 - Annual Leave, subclause (f) of this award.
(iii) Variable Return Home
In special circumstances, and by agreement with the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual entitlements.
(iv) Non Payment in Lieu
Payment of fares and leave with pay as provided for in this subclause shall not be made unless the rest and recreation leave is taken by the employee.
(h) Alternative Paid Day Off Procedure
If the employer and the employee so agree in writing, the paid rostered day off as prescribed in Part V - Hours of Work, Penalty Payments and Overtime, Clause 1 - Hours of Work and Clause 5 - Call Outs of this award may be taken, and paid for, in conjunction with the additional rest and recreation leave as prescribed in subclause (g) hereof, or at the end of the project, or on termination whichever comes first.
(i) Termination
An employee shall be entitled to notice of termination in sufficient time to arrange suitable transport at termination or shall be paid as if employed up to the end of the ordinary working day before transport is available.
