AP789529CRV - Metal, Engineering and Associated Industries Award 1998
5.9 ALLOWANCES AND SPECIAL RATES
The following allowances shall apply for all purposes of the award.
5.9.1(a) Leading Hands
[Pt I:Pt 5:5.9.1(a) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
Leading hands in charge of three or more people shall receive the relevant amount as set out below.
In charge of:
3 to 10 employees |
$27.90 per week extra |
11 to 20 employees |
$41.68 per week extra |
more than 20 employees |
$53.05 per week extra |
5.9.1(b) Ship Repairing
[Pt I:Pt 5:5.9.1(b) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
Employees engaged on ship repairs shall be paid the following additional amounts:
Tradespersons |
$12.68 per week |
All other employees |
$10.26 per week |
5.9.1(c) Multi-Storey Building
[Pt I:Pt 5:5.9.1(c) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee, other than an apprentice or a junior, engaged on new construction work in a multi-storey building (as defined) shall be paid $20.06 per week extra. Where such work is performed for part of a day or shift the provisions of subclause 5.1.4-Mixed Functions, shall apply.
The provisions of 5.9.3(h)-Height Money and of 5.9.3(e)-Wet Places, shall not apply to employees paid the multi-storey building allowance.
Apprentices shall receive a proportion of this allowance in accordance with the appropriate percentage ratio set out in subclause 5.3.1.
5.9.1(d) Tool Allowance - Tradespersons and Apprentices
[Pt I:Pt 5:5.9.1(d) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
(i) Except as provided elsewhere in this sub-paragraph tradespersons shall be paid an allowance of $13.68 per week for supplying and maintaining tools ordinarily required in the performance of their work as tradespersons.
(ii) This allowance shall not apply to the following employees:
(1) Employers who had a practice as at 5 November 1979 of providing all tools required by tradespersons or apprentices in the performance of their work. (Such employers are entitled to continue this practice).
(2) Employees covered by clauses 3.3 or 3.4 of Schedule C (concerning the air conditioning industry in Queensland and South Australia).
(iii) In relation to employers not referred to in 5.9.1(d)(ii)(1), these employers may reach agreement with an individual tradesperson or apprentice to provide all of the tools required by them in the performance of their work. In such circumstances, the tool allowance shall not be payable.
(iv) This allowance shall apply to apprentices on the same percentage basis as set out in subclause 5.3.1 of this award.
(v) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools, precision measuring instruments and, for sheet metal workers, snips used in the cutting of stainless steel, monel metal and similar hard metals.
(vi) Tradespersons or apprentices shall replace or pay for any tools supplied by their employer which are lost as a result of negligence on the part of the employee.
[Pt I:Pt 5:5.9.1(d)(vii) inserted by PR965970 ppc 02Dec05]
(vii) The provision of tools under the Federal government “tools for your trade scheme” shall not constitute the provision of all tools by the employer for the purpose of 5.9.1(d)(ii) and (iii) of this clause.
5.9.1(e) Tool Allowance - Carpenter or Joiner or Shipwright/Boatbuilder
[Pt I:Pt 5:5.9.1(e) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
A carpenter or joiner or shipwright/boatbuilder shall be entitled to a tool allowance of $25.91 per week.
5.9.1(f) Specific Enterprise, Project or Industry Sector All-purpose Allowances
Various all-purpose allowances applicable to specific enterprises, projects or industry sectors as set out in clause 4.0 of Schedule C.
5.9.1(g) Trainer/Supervisor/Coordinator - Technical
A Trainer/Supervisor/Coordinator - Technical is an employee who is responsible primarily for the exercise of skills in technical fields as defined, up to the level of his/her skill and competence and who is additionally involved in the supervision/training of other technical employees. Such an employee shall receive not less than 107% of the rate of pay applicable to the employee's technical classification.
5.9.2(a) Motor Allowance
[Pt I:Pt 5:5.9.2(a) varied by S8605 PR904632 PR932048 PR947308 PR959867 PR975561; PR983703 ppc 01Oct08]
Where an employee reaches agreement with their employer to use their own motor vehicle on the employer's business, such employee shall be paid an allowance of 74 cents per kilometre travelled.
5.9.2(b) First Aid Allowance
[Pt I:Pt 5:5.9.2(b) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St. John's Ambulance or similar body shall be paid a weekly allowance of $12.68 if appointed by their employer to perform first aid duty.
5.9.2(c) Meal Allowance
Refer to subclause 6.4.11.
5.9.2(d) Compensation for Damage to Clothing, Spectacles, Hearing Aids and Tools
Compensation must be made to the extent of the damage sustained where, in the course of the work, clothing, spectacles, hearing aids or tools of trade are damaged or destroyed by fire or molten metal or through the use of corrosive substances. The employer's liability in respect of tools is limited to the tools of trade which are ordinarily required for the performance of the employee's duties. Compensation is not payable if an employee is entitled to workers' compensation in respect of the damage.
5.9.2(e) Case Hardened Prescription Lenses
An employer who requires an employee to have their prescription lenses case hardened shall pay for the cost of such case hardening.
5.9.2(f) Protective Clothing and Equipment Allowance
For each employee specified in Schedule C - 4.4, where an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in a State or Territory covered by this award, the employer must reimburse the employee for the cost of purchasing such special clothing and equipment. The provisions of this paragraph do not apply where the clothing and equipment is paid for by the employer.
Subject to subclauses 5.9.3(a) and (b), the following special rates shall be paid to employees including apprentices and juniors.
5.9.3(a) Special Rates Not Cumulative
Where more than one of the disabilities set out in subclause 5.9.3 entitles an employee to extra rates, the employer shall be bound to pay only one rate, namely the highest rate for the applicable disabilities.
This does not apply in relation to cold places, hot places, wet places, confined spaces, dirty work or height money, the rates for which are cumulative.
5.9.3(b) Special Rates are not Subject to Penalty Additions
The special rates in subclause 5.9.3 shall be paid irrespective of the times at which the work is performed, and shall not be subject to any premium or penalty additions.
5.9.3(c) Cold Places
[Pt I:Pt 5:5.9.3(c) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee who works for more than one hour in places where the temperature is reduced by artificial means below O degrees Celsius is entitled to 47 cents per hour extra. Where the work continues for more than two hours an employee is entitled to a rest period of 20 minutes every two hours without loss of pay.
5.9.3(d) Hot Places
[Pt I:Pt 5:5.9.3(d) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee who works for more than one hour in the shade in places where the temperature is raised by artificial means to:
between 46 and 54 Celsius |
48 cents per hour extra; |
in excess of 54 Celsius |
64 cents per hour extra. |
Where work continues for more than two hours in temperatures exceeding 54 Celsius, employees shall be entitled to 20 minutes rest after every two hours work without deduction of pay. The temperature shall be determined by the supervisor after consultation with the employees who claim the extra rate.
5.9.3(e) Wet Places
[Pt I:Pt 5:5.9.3(e) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee working in any place where their clothing or boots become saturated by water, oil or another substance, shall be paid 48 cents per hour extra. Any employee who becomes entitled to this extra rate shall be paid such rate only for the part of the day or shift that they are required to work in wet clothing or boots.
This extra rate is not payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.
5.9.3(f) Confined Spaces
[Pt I:Pt 5:5.9.3(f) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee working in a confined space (as defined) is entitled to 64 cents per hour extra.
5.9.3(g) Dirty Work
[Pt I:Pt 5:5.9.3(g) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
Where an employee and their supervisor agree that work (other than ship repair work) is of an unusually dirty or offensive nature, the employee shall be entitled to 48 cents per hour extra.
Where an employee and their supervisor agree that certain ship repair work is of an unusually dirty or offensive nature, the employee shall be entitled to 64 cents per hour extra.
5.9.3(h) Height Money
[Pt I:Pt 5:5.9.3(h) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
Employees other than linespersons, linesperson's assistants, riggers and splicers engaged in the construction, erection, repair and/or maintenance as the case may be, of ships, steel frame buildings, bridges, gasometers or other structures at a height in each case of 15 metres or more directly above the nearest horizontal plane shall be entitled to 36 cents per hour extra.
5.9.3(i) Meat Digesters and Oil Tanks
[Pt I:Pt 5:5.9.3(i) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee working on repairs in oil tanks or meat digesters is entitled to 48 cents per hour extra. Employees engaged on such work for more than half of a day or shift are entitled to the special rate for the whole day or shift.
5.9.3(j) Sanitary Works
[Pt I:Pt 5:5.9.3(j) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee working in a Sanitary Works is entitled to 33 cents per hour extra.
5.9.3(k) Insulation Materials
[Pt I:Pt 5:5.9.3(k) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
Employee handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise shall when so employed on ship construction or ship repairing or on the construction, repair or demolition of furnaces, walls, floors and/or ceilings be paid 63 cents per hour extra.
5.9.3(l) Slaughtering Yards
[Pt I:Pt 5:5.9.3(l) varied by Q1020 R5307 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee working in slaughtering yards is entitled to 36 cents per hour extra.
5.9.3(m) Boiler Repairs
[Pt I:Pt 5:5.9.3(m) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee working on repairs to smoke-boxes, fire-boxes, furnaces or flues of boilers is entitled to 36 cents per hour extra.
An employee engaged on repairs to oil fired boilers, including the castings, uptakes and funnels, or flues and smoke stacks is entitled to $1.25 per hour extra while working inside such a boiler.
5.9.3(n) Underground Mine Work
An electrician working underground in a mine is entitled to 12 per cent extra.
5.9.3(o) Explosive Powered Tools
[Pt I:Pt 5:5.9.3(o) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee required to use explosive powered tools shall be paid a minimum payment of $1.26 per day. Where an hourly rate is required, it shall be calculated by dividing the rate by 7.6.
5.9.3(p) Ships in Dock
[Pt I:Pt 5:5.9.3(p) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
An employee working under a ship in dock or slipway shall be paid 36 cents per hour extra where working on the removal and/or bolting up of plates or in burning- off on those portions of a ship where the height from the dock or shipway floor to the hull of the ship is less than 1.4 metres.
5.9.3(q) Foundry Allowance
[Pt I:Pt 5:5.9.3(q)(i) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
(i) An employee working in a foundry is entitled to a foundry allowance of 37 cents for each hour worked to compensate for all disagreeable features associated with foundry work including heat, fumes, atmospheric conditions, sparks, dampness, confined spaces and noise.
(ii) The foundry allowance is payable in lieu of any payment otherwise due under this clause.
(iii) For the purpose of this allowance, foundry work shall mean:
(1) any operation in the production of castings by casting metal in mould made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shall moulding, centrifugal casting or continuous casting; and
(2) where carried on as an incidental process in connection with and in the course of production to which paragraph (1) of this definition applies, the preparation of moulds and cores (but not in the making of patterns and dies in a separate room), knock out processes and dressing operations: but shall not include any operations performed in connection with:
(iv) Employees shall not be paid the foundry allowance for any work in a foundry during any period that foundry production is not being carried out, with the exception of any work carried out within the eight hour period immediately following the cessation of foundry production.
5.9.3(r) Boiling Down Works
[Pt I:Pt 5:5.9.3(r) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
Working in boiling down works - 36 cents per hour.
5.9.3(s) Lead Works
[Pt I:Pt 5:5.9.3(s) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048; PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
Working in lead works - 36 cents per hour
5.9.3(t) Enterprise Specific Special Rates
Various special rates applicable to specific enterprises are set out in Clause 5.0 of Schedule C.
5.9.4 Transfers, Travelling and Working Away From Usual Place of Work
Summary
These paragraphs deal with an employee's entitlements to payment whilst travelling or where they are required to relocate.
5.9.4(a) Transfer Involving Change of Residence
An employee:
involving a change of residence will be paid travelling time whilst necessarily travelling between such localities and expenses for a period not exceeding three months or in cases where the employee is in the process of buying a place of residence in the new locality for a period not exceeding six months. Provided that such expenses will cease after he or she has taken up permanent resident or abode at the new location.
5.9.4(b) Travelling, Transport and Fares
(i) Excess Travelling and Fares
An employee who on any day or from day to day is required to work at a job away from his or her accustomed workshop or depot will, at the direction of the employer, present himself or herself for work at such job at the usual starting time, but for all time reasonably spent in reaching and returning from such job (in excess of the time normally spent in travelling from his or her home to such workshop or depot and returning) he or she will be paid travelling time, and also any fares reasonably incurred in excess of those normally incurred in travelling between his or her home and such workshop or depot.
An employee who with the approval of the employer uses his or her own means of transport for travelling to or from outside jobs will be paid the amount of excess fares which he or she would have incurred in using public transport unless he or she has an arrangement with his or her employer for a regular allowance.
(ii) Distant Work
[Pt I:Pt 5:5.9.4(b)(ii) corrected by Q2704 from 01Jul98]
An employee sent from his or her usual locality to another (in circumstances other than those prescribed in 5.9.4(a) hereof) and required to remain away from his or her usual place of abode will be paid travelling time whilst necessarily travelling between such localities, and expenses whilst so absent from his or her usual locality.
(iii) Payment for Travelling
(1) The rate of pay for travelling time is ordinary rates, except on Sundays and holidays when it will be time and a half.
(2) The maximum travelling time to be paid for is 12 hours out of every 24 hours, or when a sleeping berth is provided by the employer for all-night travel, eight hours out of every 24.
(iv) Expenses
"Expenses" for the purpose of this clause means:
(1) All fares reasonably incurred. The fares allowed are be for rail travel, second class except where all-night travelling is involved when they are to be first class, with sleeping berth where available.
[Pt I:Pt 5:5.9.4(b)(iv)(2) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
(2) Reasonable expenses incurred whilst travelling including $11.08 for each meal taken.
(3) A reasonable allowance to cover the cost incurred for board and lodging.
(v) Engagement of Labour Away From Workshops
An employer is be free to engage labour on the site of a job carried on away from the workshop, without payment for any travelling time or fares, unless such employee is sent from the workshop.
Provided that if an employee engaged for the erection of a job had previously been engaged by the same employer in the fabrication of the job in a workshop he or she is to be paid fares in excess of those incurred in travelling to and from the workshop.
