[2017] FWCFB 6487

The attached document replaces the document previously issued with the above code on 6 December 2017.

‘Attachment - Allowance categories’ has been inserted.

On behalf of Vice President Hatcher

11 December 2017

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

Construction Awards
(AM2016/23)

4 yearly review of modern awards.

[1] On 17 August 2017 we issued a statement 1 setting out our provisional view concerning proposed amendments to the following provisions of the Building and Construction General On-site Award 2010 (Award):

•  clause 20.1 - Tool and employee protection allowance

•  clauses 21 and 22 - Site and general wage related allowances and Special rates

•  clauses 24.1-24.3 - Living away from home - distant work entitlement

•  clause 33 - Ordinary hours of work

[2] The statement invited interested parties to file submissions concerning these proposals by 15 September 2017. Pursuant to this invitation, submissions were filed by the Construction, Forestry, Mining and Energy Union, the Australian Workers’ Union, the Australian Manufacturing Workers’ Union, the Australian Industry Group, Master Builders Australia, the Housing Industry Association and the Civil Contractors Federation. Additionally, we conducted a further hearing in relation to the proposals on 17 November 2017, and the same interested parties made oral submissions at that hearing.

[3] In relation to the proposals concerning clauses 20.1, 24.1-24.3 and 33, we will consider the submissions made by the parties and issue our decision in due course.

[4] In relation to clause 21 Site and general wage related allowances and clause 22 Special rates, we have considered the submissions advanced by the parties, and we maintain at this stage the provisional view that the existing expense and skill allowances should be re-ordered to reflect those categories, and that the existing disability allowances should be abolished and replaced by adjusted industry allowances applicable in four different sectors of the building and construction industry. However we are persuaded that the lift industry allowance in clause 42 should not be abolished, and it will be retained in its current form.

[5] Having regard to the parties’ submissions, our current provisional view is that the existing allowances (excluding the lift industry allowance) should be categorised as set out in the attachment to this statement, and that the industry allowance provision in clause 21.2 should be restructured to appear as follows:

21.2 Industry allowances

(a) The following industry allowances shall be paid, in addition to the rates prescribed in clause 19 – Minimum Wages, for work in each of these sectors in lieu of all disability allowances:

General building and construction industry allowance: (amount to be determined)

Civil construction industry allowance: (amount to be determined)

Metal and engineering construction industry allowance: (amount to be determined)

Residential building and construction industry allowance: (amount to be determined)

(b) For the purposes of determining the applicable industry allowance, the definitions in clause 4.3 shall apply. However, the following definition of “residential building and construction” will apply for the purposes of determining the industry allowance applicable to that sector:

Residential Building and Construction means:

(i) The activities identified in subclause 4.3(a) undertaken in relation to a single occupancy residential building which is not a multistorey building.

(ii) In this subclause:

multistorey building means a building which will, when complete, consist of four or more storey levels;

complete means the building is fully functional and all work which was part of the principal contract is complete;

storey level means structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building and will include basement levels and mezzanine or similar levels (but excluding

half floors such as toilet blocks or store rooms located between floors); and

floor level means that stage of construction which in the completed building would constitute the walking surface of the particular floor level referred to in the table of payments.

[6] A conference in relation to the provisional approach set out in paragraphs [4] and [5] above will be conducted by Deputy President Gostencnik on 19 December 2017. A listing for this conference will separately be issued. At this conference the parties will have the opportunity to comment upon and endeavour to reach a consensus about the proposed categorisation of allowances and the proposed sectoral definitions for the industry allowances. The parties will also have a further opportunity to advance realistic proposals for the quantification of the sectoral industry allowances and endeavour to reach a consensus about this issue. In the absence of further constructive assistance from interested parties concerning this issue, it may become necessary for us to determine the amounts of the sectoral industry allowances without further recourse to the parties.

VICE PRESIDENT

Attachment – Allowance categories

Generally applicable

Expenses

Tool and employee protection allowance (clause 20.1)
Meal allowance (clause 20.2)
Compensation for clothes and tools (clause 20.3)
Special allowance (clause 21.1)

Disability

Industry allowance (clause 21.2)
Underground allowance (clause 21.3)
Multistorey allowance (clause 21.4, excluding clause 21.4(e))
Plant room allowance (clause 21.4(e))
Refractory bricklaying allowance (clause 21.8)
Coffer dam worker (clause 21.9)
Air-conditioning industry and refrigeration industry allowances (clause 21.11)
Insulation (clause 22.2(a))
Hot work (clause 22.2(b))
Cold work (clause 22.2(c))
Confined space (clause 22.2(d))
Swing scaffold (clause 22.2(e))
Explosive power tools (clause 22.2(f))
Wet work (clause 22.2(g))
Dirty work (clause 22.2(h))
Toxic substances (clause 22.2(i))
Fumes (clause 22.2(j))
Asbestos (clause 22.2(k))
Asbestos eradication (clause 22.2(l))
Furnance work (clause 22.2(m))
Acid work (clause 22.2(n))
Heavy blocks (clause 22.2(o))
Bitumen work (clause 22.2(p))
Height work (clause 22.2(q))
Suspended perimeter work platform (clause 22.2(r))
Employee carrying fuels, oils and greases (clause 22.2(s))
Pile driving (clause 22.2(t))
Dual lift allowance (clause 22.2(u))
Stonemasons (clause 22.2(v))

Skill

Laser safety officer allowance (clause 21.6)
Carpenter-diver allowance (clause 21.7)
First aid allowance (clause 21.10)
Electrician’s licence allowance (clause 21.12)
In charge of plant (clause 21.13)

General building and construction sector only

Expenses

Second-hand timber (clause 22.3(h))

Disability

Towers allowance (clause 22.3(a))
Cleaning down brickwork (clause 22.3(b))
Bagging (clause 22.3(c))
Plaster or composition spray (clause 22.3(d))
Slushing (clause 22.3(e))
Dry polishing of tiles (clause 22.3(f))
Cutting tiles (clause 22.3(g))
Roof repairs (clause 22.3(i))
Grindstone allowance (clause 22.3(k))
Brewery cylinders (clause 22.3(l))
Spray application – painters (clause 22.3(n))
Pneumatic tool operation (clause 22.3(o))
Bricklayer operating cutting machine (clause 22.3(p))
Hydraulic hammer (clause 22.3(q))
Waste disposal (clause 22.3(r))

Skills

Computing quantities (clause 22.3(j))
Certificate allowance (clause 22.3(m))

Civil construction sector only

Disability

Pipe enamelling (clause 22.4(a))
Powdered lime dust (clause 22.4(b))
Sand blasting (clause 22.4(c))
Liver sewer work (clause 22.4(d))
Timbering (clause 22.4(e))
Special work (clause 22.4(f))
Compressed air work (clause 22.4(g))
Cutting stone (clause 22.4(h)

 1   [2017] FWCFB 4239

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