Building and Construction General On-site Award 2020 Summary

In this article, we detail some of the key provisions of the Building and Construction General On-site Award 2020 Summary ​
including what it covers for employers and employees throughout Australia who are wholly or principally engaged in the “building and construction industry”.

HR Connect advises a large number of organisations in this sector and has produced this Building and Construction General On-site Award 2020 Summary to help employers cut through the complexities of the award.

If you require any assistance in understanding your rights or obligations under the Award, please contact us.

Table of Contents

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COVERAGE
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TYPES OF EMPLOYMENT
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ORDINARY HOURS OF WORK AND ROSTERING
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SHIFTWORK
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BREAKS
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MINIMUM RATES
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ACCIDENT PAY
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SUPERANNUATION
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OVERTIME & PENALTY RATES
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LEAVE
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TERMINATION OF EMPLOYMENT
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REDUNDANCY
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CLASSIFICATION LEVELS
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COVERAGE
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TYPES OF EMPLOYMENT
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ORDINARY HOURS OF WORK AND ROSTERING
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SHIFTWORK
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BREAKS
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MINIMUM RATES
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ACCIDENT PAY
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SUPERANNUATION
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OVERTIME & PENALTY RATES
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LEAVE
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TERMINATION OF EMPLOYMENT
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REDUNDANCY
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CLASSIFICATION LEVELS

Coverage

The Building and Construction General On-site Award 2020 (‘Building and Construction Award’) is an industry award, meaning it covers employers and employees who are in the industry of building and construction. 

This industry includes on-site work related to three streams of construction work, namely: general building and construction, civil construction, and metal and engineering construction.

For the purposes of coverage:

  • “General building and construction” means;
    • the construction, alteration, extension, restoration, repair, demolition or dismantling of buildings, structures or works that form, or are to form, part of land whether or not the buildings, structures or works are permanent
    • maintenance work undertaken by employees of employers covered by the on-site building, engineering and civil construction industry of the above buildings, structures or works
    • site clearance work, earth-moving, excavation, site restoration, landscaping and the provision of car parks and other access works associated with the activities within the general building and construction definition; and
    • the installation in any building, structure or works of fittings and services
  • “Civil construction” means the construction, repair, maintenance or demolition of:
    • civil and mechanical engineering projects
    • car parks (except car park buildings and car parks that are within a building)
    • power transmission, light, television, radio, communication, radar, navigation and observation towers or structures
    • power houses, chemical plants or hydrocarbons and/or oil treatment plants or refineries
    • silos
    • sports and entertainment complexes
    • 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

It also covers:

    • road making and the manufacture or preparation, applying, laying or fixing of bitumen emulsion, asphalt emulsion, bitumen or asphalt preparations, hot pre-mixed asphalt, cold paved asphalt and mastic asphalt
    • the prefabrication and installation of geomembranes, geotextiles and appurtenances
    • dredging or sluicing work for or at premises provided for persons mentioned in or in connection with work within the civil construction definition
    • batch plants and precast yards at a construction site in or in connection with work under the civil construction definition
    • traffic management in or in connection with work within the civil construction definition
    • construction and/or establishment of landscape gardens in or in connection with work within the civil construction definition (subject to limited exceptions)
    • catering and cleaning for or at premises provided for persons mentioned within the civil construction definition
  • “Metal and engineering construction” covers metal trades work related to;
    • power stations, oil refineries, terminals and depots, and chemical, petro-chemical and hydrocarbon plants
    • major industrial and commercial undertakings and associated plant , plant facilities and equipment
    • plant, plant facilities and equipment for chemicals and minerals
    • transmission towers, lines and associated plant, plant facilities and equipment
    • lifts and escalators
    • facilities and equipment in other engineering project
    • maintenance and/or repair and/or servicing work carried out on-site by the employees of contractors or subcontractors in connection with contracts for on-site metal and engineering construction work (but this does not include any work which is incidental to or of a minor nature in relation to the work normally performed by an employee of an employer not engaged substantially in metal and engineering construction).

The Building and Construction Award also applies to employers who provide labour on an on-hire basis in the on-site building, engineering and civil construction industry and/or parts of this industry. 

The Award also covers employers which provide group training services for apprentices and/or trainees engaged in the performance of work for a business in this industry.

Different rules sometimes apply under the Award, depending on which stream of work an employer/employee is performing.

The Award covers a wide range of onsite roles but will not cover office-based roles, who are more likely to covered by the Clerks Private Sector Award 2020.

The Building and Construction Award does not cover employees when they are covered by one of the following awards:

  • Black Coal Award
  • Electrical Award
  • Joinery Award
  • Manufacturing Award
  • Mining Award
  • Plumbing Award
  • Pre-mixed Concrete Award
  • The quarrying industry as defined in clause 4.3 of the Cement, Lime and Quarrying Award.

Types of Employment

Employers can engage individuals to work on the following basis:

  • Daily hire;
  • Full-time weekly hire;
  • Part-time weekly hire; and 
  • Casual.

Upon engagement, employees must be informed of the basis (from the above list) on which they will be engaged.

 

Daily hire employees

Tradespeople and labourers can be engaged on a daily hire basis as follows:

  • Either party has to give 1 day’s notice before termination, or forfeit 1 day’s pay;
  • If notice is given before or at the start of the work day, employment will end when that day has been completed; and
  • A tradesperson gets 1 hour before termination to gather, sharpen, clean, pack and transport their tools.

In the case of misconduct or refusal to perform duties, the employer can dismiss without notice.

Daily hire employees receive leave entitlements in the same manner as full-time and part-time employees.

 

Full-time weekly hire employees

A full-time weekly hire employee is an employee who works an average of 38 ordinary hours per week.

 

Part-time weekly hire employees

A part-time employee is one who works fewer than an average of 38 hours per week with reasonably predictable hours of work. 

Upon engagement, an employer and employee must agree in writing on the terms of engagement. The agreement must specify the following:

  • That the employee will work part-time;
  • The hours and days of work, including start and finish times;
  • The employee’s classification; and
  • The period of part-time employment (i.e. permanent or fixed term).

Any changes to this agreement need to be agreed to and set out in writing.

A copy of the agreement, including any changes to it, need to be given to the employee.

 

Casual employees

Casual employees do not have fixed hours and are not entitled to certain benefits like annual leave, paid personal/carer’s leave, paid community service leave, notice of termination, and redundancy benefits.

Employers must inform casual employees in writing about:

  • Their engagement type;
  • Job details;
  • Classification level; and
  • The relevant pay rate.

Casual employees are entitled to payment for a minimum of 4 hours’ work per engagement, along with relevant fares, travel allowance, and expenses.

They receive a casual loading of 25% which compensates for not receiving the benefits mentioned above. 

Casual employees receive penalty rates for overtime and weekend work, calculated based on the casual loading and the relevant penalty rates. To avoid doubt, this means the penalty rates are to be paid in addition to the casual loading rate.

Where a casual employee is required to work on a “public holiday” as defined by the Fair Work Act 2009, they are entitled to be paid 275% of the ordinary hourly rate for their classification.

Offers and requests for casual conversion

A casual employee who has worked for their employer for at least 12 months can request to be converted into a permanent employee, provided that: 

  • In the preceding 6 month period, they worked a regular pattern of hours on an ongoing basis; and
  • Without significant adjustment, they could continue working as a full-time or a part-time employee.

For non small-business employers (headcount of 15 or above), they are required to make such an offer if the above conditions are satisfied, they do not need to wait for the employee to request this. See further guidance here.

 
Apprentices 

In Australia, an apprentice refers to an employee who has a contract of training with the relevant State or Territory training authority. 

An apprenticeship is a structured system of on-the-job training with an employer and off-the-job training with a Registered Training Organisation (RTO), accessed through a contract of training. 

An adult apprentice is an employee who is 21 years of age or over at the time of signing the contract of training.

A school-based apprentice is an employee who is undertaking an apprenticeship in accordance with clause 14 while also undertaking a course of secondary education.

The following rules apply to apprentices:

Conditions of employment

  • An apprentice must be permitted to be absent from work, without loss of pay or continuity of employment, to attend the off-the-job training in accordance with the contract of training.
  • Time spent by an apprentice, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions
  • The notice of termination provisions of the NES apply to apprentices.
  • Redundancy provisions do not apply to apprentices.
  • The period of the apprenticeship will be counted as service for the purposes of Award and long service leave entitlements. 
  • In the event that an apprentice is terminated at the end of their apprenticeship and is re-engaged by the same employer within 6 months of such termination, the period of the apprenticeship will be counted as service in determining any future termination entitlements.

No payment by results

An apprentice must not work under any system of payment by results.

Overtime and shiftwork

  • When overtime and/or shiftwork are worked the relevant penalties and allowances prescribed by the Award will apply, based on the applicable ordinary hourly rate.
  • No apprentice/trainee will work overtime or shiftwork on their own or without supervision.
  • No apprentice under the age of 18 years will be required to work overtime or shiftwork unless they choose to do so.
  • No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at the RTO.

Lost time

  • Apprentices are required to serve an additional day for each day of absence during each year of their apprenticeship, except in respect of absences due to either paid leave or leave without pay (taken in accordance with clause 31.3 )
  • The following year of their apprenticeship does not commence until the additional days have been worked.
  • In calculating the extra time to be served, the apprentice will be credited with time which they have worked during the relevant year in excess of their ordinary hours.

Training costs—fees and textbooks

All fees charged by an RTO and the cost of all prescribed textbooks for the apprenticeship, which are paid by an apprentice, will be reimbursed by the employer within:

  • 6 months of commencement of the apprenticeship or a stage of the apprenticeship, or
  • within 3 months of the commencement of training provided by the RTO,

whichever is the later, unless there is unsatisfactory progress.

An employer may meet its obligations by paying any fees and/or cost of textbooks directly to the RTO.

Attendance at block release training

  • Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. 
  • This will not apply where the apprentice could attend an alternate RTO closer to the apprentice’s usual place of work.
  • Excess reasonable travel costs means the total cost of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, in excess of the fares and travel patterns allowance under clause 26.5(a).
  • Excess travel costs do not include payment for travelling time or expenses incurred while not in transit.
  • The amount payable by an employer under this section may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme and only if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.
  • This applies instead of the provisions contained in clause 25 — Living away from home—distant work.

Competency based progression

For the purpose of wage progression based on competency in clause 19.7, an apprentice must receive payment at the relevant wage rate for the subsequent stage of their apprenticeship if the following conditions are met:

  • Competency has been achieved in the proportionate number of total units of competency specified in clause 19.7 for that particular stage of the apprenticeship.
  • The units of competency included in the relevant proportion must align with any requirements outlined in the training plan.
  • The apprentice fulfills the stipulated criteria of the respective State/Territory apprenticeship authority and meets the required competencies as per the training package, along with any minimum work experience prerequisites.
  • The Registered Training Organisation (RTO), the employer, and the apprentice mutually agree that the aforementioned requirements have been fulfilled; or alternatively, the employer has received written confirmation from the RTO, stating that the apprentice meets the competency requirements. If the employer does not raise any disagreement with the assessment within 21 days of receiving the advice, it will be considered accepted.

In case the employer disagrees with the RTO’s assessment, and the dispute remains unresolved among the RTO, employer, and the apprentice, the matter can be referred to the relevant State/Territory apprenticeship authority for resolution. If the authority is unable to address the issue, the dispute resolution clause in this award will come into effect.

The training package that includes the qualification specified in the apprenticeship’s contract sets forth the assessment criteria for achieving the required units of competency constituting the qualification.

The apprentice will receive the new wage rate based on competency progression from the first full pay period following the agreement or determination date, or as determined through the dispute resolution process.

Ordinary Hours of Working and Rostering

Ordinary hours of work – day workers

The Award differentiates between day workers and shiftworkers. Shiftworkers are employees who work their ordinary hours at unsociable hours (such as late at night, etc.) and are entitled to higher rates of pay as a result. We explain the rules for shiftworkers later in this summary.

For day workers, standard working hours will consist of 38 hours per week over a 20-day period (equivalent to 4 weeks of 5 working days). 

Ordinary hours of work must generally be scheduled between 7am and 6pm, from Monday to Friday, although the employer and its employees can agree that ordinary hours can instead commence at any time between 6am and 8am. 

Where an employee works ordinary hours outside these hours, this will generally be considered “shiftwork”, for which additional payments must be made (see below).

Hours of work and accrual towards RDOs

The Award provides for a mandatory rostered day off (“RDO”) system which can only be departed from in limited circumstances (see below). 

An RDO system works so that employees work ordinary hours of 8 hours each day. 

For each day worked, 0.4 hours are accumulated toward earning a RDO (ie employees are only paid for 7.6 hours that day, despite working 8 hours). An RDO totaling 7.6 hours will the be earned for the 20th day after completing 19 days of work.

Accrual towards an RDO on days not worked

During public holidays or paid leave when an employee isn’t required to work, an employee will still continue to accrue 0.4 hours toward a RDO. This will apply on a pro-rata basis for part-day public holidays.

Taking an accrued RDO

Employees can select the day of their RDO within a 4 week written roster as provided by the employer. The employer must provide this written roster at least 7 days in advance of the commencement of the roster.

An alternative approach to scheduling RDO’s can be established through written agreement between the employer and the majority of employees.

A roster must not require an employee to take an RDO on a Public Holiday.

RDO banking

By mutual agreement between the employee and employer, accrued RDOs that were not taken by the employee can instead be stored up to be taken later, subject to the following conditions:

  • The stored RDOs must not surpass a total of five days at any given point.
  • Both the employer and the employee must mutually agree on the chosen day for using a banked RDO.
  • A record of the accumulated banked RDOs along with the dates that each banked RDO is taken must be documented.

Requirement to work on a day that is an RDO

The employer must provide the employee with a notice of 48 hours in advance if they are required to work on a RDO.

An employee who works on their RDO is entitled to receive Saturday penalty rates and will still retain their RDO.

RDO entitlement on termination of employment

If an employee is terminated for any reason, the employer must pay out compensation equivalent to what the employee would have earned by using any accumulated but untaken RDOs and any time that was accruing toward an RDO.  

Agreement to not have an RDO system

If the majority of employees and the employer mutually agree that granting an RDO to an employee every 4 weeks isn’t feasible due to operational requirements, they can agree to a different arrangement, as long as they adhere a system of 38 ordinary hours per week and a maximum daily limit of 8 hours. This agreement must be documented in writing.

Hours of work—part-time employees

Part-time employees cannot work more than 8 ordinary hours in a day.

Part-time employees cannot generally work as a part of an RDO system unless a specific agreement is made between the employer and employee, allowing the part-time employee to accumulate RDOs on a pro-rata basis.

Hours of work—casual employees

Casual employees’ ordinary hours must not exceed 8 hours per day.

Other conditions for working ordinary hours

Employees must have 5 minutes before lunch and finishing time to wash and store equipment, with adequate washing facilities to be provided by the employer.

The working hours of employees in compressed air or underground work must follow relevant safety standards.

Plumbing and Fire Sprinkler Award Summary

Shiftwork

As explained above, shiftwork is where an employee works ordinary hours outside the usual span of ordinary working hours set out above (eg they may be engaged to do early morning or night work).

Higher pay rates apply to employees working such patterns.

 
Shiftwork for general building and construction and metal and engineering construction sectors

A shiftworker must receive at least 48 hours’ notice of the requirement to work shiftwork.

The following rostering rules apply:

  • Ordinary hours of early morning, morning, early afternoon, afternoon and night shifts must be fixed hours of no more than 8 hours daily (inclusive of a 20-minute paid break counted as time worked). 
  • Provided that, where shiftwork comprises 3 continuous and consecutive shifts of 8 hours each per day, 24 minutes of each shift will accrue towards a rostered off shift  and a crib time of 20 minutes duration will be allowed on each shift, and will be paid for as though worked. Such crib time will be instead of any other rest period or cessation of work elsewhere prescribed by the Award.
  • The hours for shiftworkers, when fixed, must not be altered except for breakdowns or other causes beyond the control of the employer, provided that notice of such alteration must be given

Monday to Friday shiftwork – 5 continuous shifts

Shiftwork rates for when an employee is employed continuously (inclusive of public holidays) for 5 days of a particular shift Monday to Friday:

Shift worked

Definition 

Penalty rate

Afternoon shift 

a shift starting at or after 1.00 pm and before 3.00 pm.

150% of the ordinary hourly rate

Night shift

a shift starting at or after 3.00 pm and before 11.00 pm.

150% of the ordinary hourly rate

Early morning shift

a shift commencing at or after 11.00 pm and before 4.30 am.

150% of the ordinary hourly rate

Morning shift

a shift starting at or after 4.30 am and before 6.00 am.

125% of the ordinary hourly rate

Early afternoon shift

a shift starting on or after 11.00 am and before 1.00 pm.

125% of the ordinary hourly rate

 

Monday to Friday shiftwork – 5 different shifts

Where an employee works 5 days, Monday to Friday, but working different shift patterns (ie some night shift and some afternoon shift) this is deemed to be a “broken shift” and must be paid as follows:

Shift worked

Definition 

Penalty rate

Broken shift

Less than 38 ordinary hours worked over 5 consecutive shifts Monday to Friday)

150% for the first 2 hours and 200% thereafter.

 

Shiftwork – Less than 5 Shifts

Where a job finishes after proceeding on shiftwork for more than 5 consecutive days or the employer terminates the employee’s services during the week, the employee must be paid at the rate specified above for the time actually worked.

Weekend Shiftwork

Shift worked

Definition 

Penalty rate

Saturday and Sunday hours

All hours performed on weekends

Weekend overtime rates – refer to penalty rates clause 30 of the Award.

 

Overtime

Shift worked

Definition 

Penalty rate

Overtime

Work in excess of shift hours, Monday to Friday, other than holidays 

200% of the ordinary hourly rate (excluding shift rates)

 
Shiftwork for civil construction sector

In the civil construction sector, the definition of shiftwork means any system of work in which operations are being continued by the employment of a group of employees upon work on which another group had been engaged previously”.

Work which doesn’t meet this definition will not be shiftwork and so would have to be paid as overtime if it did not fit within the definition of ordinary hours set out for day workers in clause 16 of the Award.

Employees must be given at least 48 hours’ notice of the requirement to work shiftwork (a “rostered shift”). Where an employee is required to work shiftwork with less than 48 hours notice it must be paid as overtime.

The following rostering rules apply:

  • Ordinary hours must not exceed an average of 38 per week over a 2, 3 or 4 week cycle.
  • Shifts will be up to 8 consecutive hours (inclusive of a 30 minute paid crib time break to be counted as time worked)
  • No more than 8 shifts are to be worked in any 9 consecutive days and rosters must specify starting and finishing times of each shift. 
  • 24 minutes of each 8 hour shift worked during each 19 shifts worked will accrue as a rostered off shift (paid as time worked). No more than 5 shifts will be worked before rostered off shifts must be taken.

Shift/hours worked

Definition

Penalty rate

Day shift 

A shift starting on or after 6.00 am and before 10.00 am, Monday-Friday

Ordinary hourly rate.

Afternoon shift – 5

in a row

A shift starting at or after 10.00 am and before 8.00 pm, that continues for at least 5 successive afternoons, Monday-Friday.

115% of the ordinary hourly rate

Afternoon shift – less than 5

in a row

A shift starting at or after 10.00 am and before 8.00 pm, Monday-Friday, that does not continue for at least 5 successive afternoons.

150% of the ordinary hourly rate

Night shift – 5

in a row

A shift starting at or after 8.00 pm and before 6.00 am, Monday-Friday that continues for at least 5 successive nights

115% of the ordinary hourly rate

Night shift – less than 5

in a row

A shift starting at or after 8.00 pm and before 6.00 am, Monday-Friday that does not continue for at least 5 successive nights

150% of the ordinary hourly rate

Permanent night shift

An employee who works night shifts only.

An employee who remains on a night shift for 4+ successive weeks. 

An employee who works on a night shift which does not alternate with another shift or day work (so an employee works night shifts no more than ⅓  of the working cycle).

130% of the ordinary hourly rate

Saturday

Between midnight on Friday and midnight on Saturday

150% of the ordinary hourly rate

Sunday

Where shifts start between 11.00 pm – 12:00 am on a Sunday or public holiday, such time will not entitle the employee to the Sunday or public holiday rate. Where shifts fall partly on a Sunday or a public holiday that shift, the major portion of which falls on a Sunday or a public holiday, will be regarded as the Sunday or public holiday shift.

Time worked on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into a Sunday or public holiday will be regarded as time worked on the Sunday or public holiday.

200% of the ordinary hourly rate 

Public Holidays

250% of the ordinary hourly rate

Overtime

Work in excess of or outside the ordinary hours (inclusive of time worked for accrual purposes), or on a shift other than a rostered shift (eg less than 48 hours notice provided)

200% of the ordinary hourly rate

Call outs

Call out to work after finishing normal working time and after leaving work for the shift, or called out to work on a rostered day off

A minimum of 3 hours’ work calculated at 200% of the ordinary hourly rate for each occasion

Work on a rostered off shift

Rostered off shift is defined in clause 17.2

Required to work for emergency reasons on their rostered off shift is pay at overtime rates.

For other civil sector shiftwork entitlements such as how paid leave and entitlements interact and working on a rostered day off, refer to the full clause 17 of the Award. 

Breaks

Meal break—day workers

Day workers are entitled to an unpaid break of not less than 30 minutes, to be taken between noon and 1.00 pm, or as otherwise agreed between an employer and a majority of employees.

Day workers must also not be required to work more than 5 hours without a break for a meal.

Where, because of the area or location of a project, the majority of on-site employees on the project request, and agreement is reached, the period of the meal break may be extended to not more than 45 minutes with a consequential adjustment to the daily time of finishing of work.

See overtime section below for payments for where an employer requires an employee to work through a meal break.

 

Meal break—shiftworkers

At no later than 5 hours after the start of each shift, shiftworkers must have a meal break of 30 minutes, which will count as time worked.

 

Rest periods and crib time – all workers

A paid rest period of 10 minutes must be allowed between 9.00 am and 11.00 am.

When an employee is required to work overtime for 2 hours or more after their usual finishing time of the day or shift, the employee must be allowed to take a paid crib time of 20 minutes’ duration immediately after their finishing time and, after each 4 hours of continuous work, a paid crib time of 30 minutes’ duration.

In the event of an employee remaining at work after their usual finishing time without taking the crib time of 20 minutes and continuing at work for a period of 2 hours or more, the employee will be regarded as having worked 20 minutes more than the time worked and be paid accordingly.

Where shiftwork comprises 3 continuous and consecutive shifts of 8 hours per day inclusive of time worked for accrual purposes as prescribed in clauses 16—Ordinary hours of work and 17—Shiftwork, paid crib time of 20 minutes’ duration must be allowed in each shift. Crib time in each shift will be instead of any other rest period or cessation of work elsewhere prescribed by this award.

Other break entitlements

Clause 18 also provides for break entitlements for:

  • Working with toxic materials
  • Shaft or trench sinkers work
  • Hot Work
  • Cold Work

Minimum rates

The minimum pay rates for employees are determined according to the employee’s classification level. We have included a summary of the classification levels at the end of this summary.

 

Payment of wages 

Payments to employees can be made in cash, cheque, bank cheque, electronic funds transfer (EFT), or a combination of these methods. If an employee is paid by cheque, they should be given a reasonable amount of time during working hours to cash it at their bank. Generally, payments must be made and available to employees by the end of their ordinary working hours on Thursdays each week.

If an employee is paid in cash or by cheque and is made to wait for their wages for more than 15 minutes after the usual pay day finishing time (due to reasons not beyond the employer’s control), they are entitled to be paid at overtime rates for the waiting period, with a minimum payment of 15 minutes.

 

Industry Allowances

Industry allowances must be paid to all employees, in addition to the employee’s weekly rate. There are different allowances depending on the stream. There is one industry allowance for the general building and construction industry, civil construction industry and metal and engineering construction industry, while the residential building and construction industry receives a different allowance. 

The industry allowances payable are to be paid for all purposes of the award. This means the payment will be included in the rate of pay of an employee who is entitled to the allowance when calculating any penalties or loadings (such as overtime rates) or payment while they are on annual leave.

 

Expenses Allowances

The Award also provides for the following expenses allowances: 

Tools and protective or other clothing or equipment

Employees must be paid a tool and clothing allowance for the maintenance and provision of standard tools for all purposes within the award, they must be paid in accordance of the table outlined in clause 21.1(a).

If protective clothing, equipment or any other tools are required by the employer, the employer must either:

  • Reach an agreement with their employee to reimburse them for the tools, protective clothing and equipment; or 
  • Provide the tools, clothing or equipment.

Where employees are required to wear steel toe capped boots, the employer must reimburse employees for the cost of purchasing the boots when their employment starts. The boots must be replaced every 6 months, subject to fair wear and tear or sooner if agreed.

Meal allowance

An employee will be paid a meal allowance if they are required to work overtime for at least 1.5 hours after working ordinary hours. However, this will not apply to an employee who is provided with:

  • Reasonable board or lodging; or
  • The living away from home allowances when involved in distant work; and
  • A suitable meal

Operator employees are entitled to a meal allowance each 4 hour period of overtime they have completed.

Compensation for clothes and tools

An employee’s clothing, equipment or tools that are spoiled ór damaged by any corrosive substances whilst performing duties must be compensated an amount to cover the damaged items. This may be agreed upon between the employee and the employer.

The employer must reimburse the employee, up to a maximum amount set out in the Award, for the loss of tools or clothes under specific circumstances, such as fire or theft, while securely stored as directed by the employer, during transportation as directed by the employer, if lost over water, or during an employee’s absence due to injury or illness, provided the employer is informed of the absence.

If the employer requires the employee to wear spectacles with toughened glass lenses, the employer is responsible for covering the cost of toughening the lenses.

The entitlement above only relates to tools used during the employee’s job. Employees must provide a list of these tools if requested. Any reimbursement will be based on the current replacement value of similar-quality new tools, and any theft must be reported to the police before making a claim to the employer for stolen tools replacement.

 

Other Allowances

Underground allowance

An employee other than an operator who is required to work underground must be paid an additional allowance for all purposes of the award. 

If the employee is required to work underground for no more than 4 days or shifts within a week they need to be paid an additional allowance per shift.

These allowances are not payable to employees engaged in pot and drive work at a depth of 3.5 meters or less.

Multistorey allowance

An allowance must be paid to all employees on site whilst engaged in construction or renovation of a multistorey building. A multistory building is a building which will when complete consist of 5 or more multistorey levels.

The allowances are based on the number of  storeys in the building.

Laser safety officer allowance

An employee appointed by the employer to carry out the duties of a laser safety officer must be paid an allowance per day when required to carry out the duties.

Carpenter-diver allowance

Employees performing work normally performed by a carpenter diver must be paid an additional allowance per hour which is regarded as part of the ordinary hourly rate for all purposes of the award.

First aid allowance

The first aid allowance is payable to an employee who is appointed by the employer to be responsible for carrying out first aid duties as they may arise, who holds a recognised first aid qualification from the Australian Red Cross Society or St John Ambulance body.

The allowance is payable based on the type of qualification the employee holds.

Electrician license allowance

An employee engaged and working as an electrical tradesperson and who holds an appropriate electrician licence must be paid an allowance.

In charge of a plant

An employee who is in charge of a plant must be paid allowance.

Air-conditioning industry and refrigeration industry allowances

An air-conditioing tradesperson or refrigeration mechanic must be paid a weekly allowance. 

 

Inclement weather 

Inclement weather provisions only apply to the general building and construction, and civil construction sectors.

Inclement weather can include, weather of a similar nature to or a combination of the following conditions:

  • Rain
  • Hail
  • Extreme cold
  • High winds
  • Severe dust storms
  • Extreme high temperatures,

where it is not reasonable or safe for employees to continue working.

Where it has been considered unreasonable or unsafe for employees to work due to inclement weather, all employees (including casuals) must continue to be paid when sent home due to these conditions. The maximum amount that can be paid is 32 hours over a 4 week period (pro-rata for part-time employees).

Determining whether work must stop due to inclement weather: The business, when requested by the employees must confer within a reasonable time (no more than 60 minutes) for the purpose of deciding whether or not inclement weather applies.

In some cases an employee may still have to work during inclement weather, including where there is:

  • Work on other job sites not affected by the weather
  • Work inside
  • An emergency, or a concrete pour that has to be completed; provided this does not pose any reasonable concern to the employee(s) undertaking the work for their imminent health or safety.

Aside from these instances, when inclement weather conditions apply, an affected employee is not required to start or continue to work where it is unreasonable or unsafe to do so. The time that work stops and resumes due to a period of inclement weather must be recorded by the employer.

Where a concrete pour is completed during a period of inclement weather, workers will be paid at 200% of the ordinary hourly rate calculated to the next hour. In the case of wet weather, the employee(s) will be provided with adequate wet weather gear. Where an employee’s clothes get wet from working in the rain during a concrete pour, the employee must change into dry working clothes or where this is not possible, be allowed to go home for the remainder of the day without loss of pay.

When work is ceased due to inclement weather, the employee wIll be paid at the ordinary hourly rate for ordinary hours.

If inclement weather occurs during overtime, employees will not be entitled to any payment for stoppages due to inclement weather.

Only employees on an affected portion of a site impacted by inclement weather will be entitled to stop work. Employees on a portion of a site that is not impacted by the weather will continue to work even though others may have stopped.

 

Additional wet weather procedure

Remaining on site

In the event that wet weather prevents employees from working, the employer will not require employees to remain on site:

  • For more than an accumulated total of 4 hours of ordinary time in one day, or
  • After the meal break, for more than an accumulated total of 50% of the normal afternoon work time, or
  • During the final 2 hours of the normal work day for more than an accumulated total of 1 hour.

Unless an agreement is made between the employer and employees to remain on site beyond these specified periods. If such an agreement is in place, any additional wet time will be paid for but not debited against the employee’s hours. Wet time that occurs during overtime will not be taken into account.

Rain at starting time

Where employees are in the sheds, because they have been rained off, or because it is as starting time, morning tea, or lunch, and it is raining, employees will not be required to work in a dry area or to be transferred to another site unless:

  • The rain stops, or
  • A covered walkway has been provided, or
  • The sheds are under cover and the employees can get to the dry area without going through the rain, or
  • Adequate protection is provided

Where necessary, protection must be provided for the employee’s tools.

 

Travelling time entitlements

To recognise the travel costs within the industry, employees are paid an allowance each day they start and finish work on a construction site, or are required to perform prefabricated work offsite and are required to erect or fix on-site. It is only not payable in very limited circumstances (as set out below). 

The allowance is not payable when an employer provides transport free of charge from the employee’s home to the place of work or a fully maintained vehicle free of charge.

Time spent travelling between construction sites is paid at the employee’s applicable rate, and, if the employer does not provide transport, the employer is required to pay reasonable costs of fares, or mileage if an employee uses their own vehicle 

Time spent travelling from an employee’s home to their job and return outside ordinary working hours will be unpaid unless the employer directs the employee to pick up and return other employees to their homes.

Distant work 

If an employee is required to travel to a construction site that is not located in a metropolitan radial area in which the employee’s usual place of residence is located; and is more than 50 kms by road from the employee’s usual place of residence; the employee will also be entitled to the distant work payment. 

The distant work payment is payment for time outside ordinary working hours spent in travel. This is paid at the ordinary time rate in increments of 15 minutes, with a minimum payment of 1 hour.

The employee is also entitled to payment for any expenses reasonably incurred, and a  mileage rate if they use their own vehicle, albeit this is less than regular mileage amount. 

The distant work payment is not payable when, at the commencement of employment, the employee’s usual place of residence was more than 50km by road from the construction site on which the employee was initially engaged.

Apprentices and travel allowances

An apprentice will be entitled to a proportion of the allowances set out above, but will not be paid the allowance for the days they attend a RTO for training and assessment in accordance with the contract of training.

When a school-based apprentice attends off-the-job training or assessment not at the school at which they are enrolled they will receive 25% of the allowance.

 

Plumbing and Fire Sprinkler Award Summary

Accident Pay 

Employers are required to provide accident pay for employees in receipt of workers compensation payments in line with the following rules.

“Accident pay” means weekly payment made to an employee. The amount is the difference between:

  • What the employee gets in terms of their worker’s compensation payment; and
  • Their ordinary hourly rate for 38 hours work, plus any RDO accrued entitlements. The latter does not include any over award payments, shift rates or overtime.

To avoid doubt, an employee is not entitled to accident pay if the statutory workers’ compensation payment exceeds the amount they would have earned working ordinary hours during that period.

Accident pay is payable from the time of injury for up to 26 weeks for the employee’s incapacity, provided the relevant workers’ compensation claim is accepted. The termination of employment during the accident pay period does not affect the employer’s liability to continue paying accident pay.

If the employee receives a lump sum payment instead of weekly workers’ compensation, the employer’s liability for accident pay ceases upon receipt of the lump sum.

Employers with a scheme offering at least equal benefits to employees as in clause 27 can apply to the Fair Work Commission to have their scheme used instead.

For casual employees, accident pay is calculated based on their weekly ordinary hours to be averaged over the previous 12 months OR their total employment period if it is shorter than 12 months. The weekly payment amount includes the casual loading, but not any over award payments, shift rates, and overtime.

If an employee on accident pay returns to work with reduced hours or modified duties, the accident pay amount will be reduced accordingly.

Superannuation

An employee has to nominate their own superannuation fund. However, if the choice is not made, the employer can select one for the employee, as long as the fund is among the ones listed in clause 28.4. The employer needs to make contributions to the selected fund. 

An employee can voluntarily contribute some of their post-tax wages to their superannuation fund. This can occur only if they authorise their employer in writing to make the additional contribution. If they want to adjust the amount of voluntary contribution, they need to notify their employer of this intention. 

In addition to the normal requirements regarding superannuation, an employer must make superannuation contributions in the following circumstances: 

  • whilst the employee is on any paid leave, or when the employee is away from work due to work-related injury or illness; and
  • for any period during which the employee absent from work due to work-related injury or work-related illness (up to a maximum of 52 weeks) provided that:
    •  the employee is receiving workers compensation payments or regular payments directly from the employer in accordance with any statutory requirements; and
    • the employee remains employed by the employer. 

Overtime and penalty rates

Overtime

Overtime is defined as any time worked beyond an employee’s ordinary hours of work (inclusive of time worked for accrual purposes as prescribed In clause 16 – hours of work, and 17 – shiftwork). An employee may refuse to work overtime hours if they are unreasonable.

Day workers (whether full-time, part-time or casual) get paid overtime rates when they: 

  • Work more than 8 hours a day
  • More than an average of 38 hours per week
  • Outside the spread of ordinary hours (generally 7am-6pm Monday to Friday)*

(*Although an employer can agree with employees that the spread of ordinary hours will instead start at any time between 6am and 8am – see above). 

Shiftworkers get overtime rates if they work:

  • More than 8 hours per day, or
  • More than an average of 38 hours per week

Overtime rates

Overtime worked from Monday to Friday must be paid at 150% the ordinary hourly rate for the first two hours, and 200% thereafter (175% and 225% respectively for casual employees).

Minimum hours for overtime shifts

If an employee is called back to work after finishing for the day, they must be paid for a minimum of 3 hours work at overtime rates even if they do not require the full 3 hours to complete the work.

These payments don’t apply when the hours are worked straight before or after the employee’s working time, or when it is standard practice for an employee to go back to work to complete a particular task for less than 30 minutes.

Employees working overtime on a Saturday have to be given at least 3 hours of work and if they do not work all of these hours they must still be paid a minimum of 3 hours at overtime rates.

Employees working overtime on the Saturday after good Friday, and on any Sunday have to be given at least 4 hours of work and if they do not work all of these hours they must still be paid a minimum of 4 hours at overtime rates.

Working during a meal break

Where an employer requires an employee to work during the prescribed meal break time, the employee must be paid at 200% of the ordinary hourly rate from the prescribed start time of the meal break until they take a substitute meal break.

Breaks during overtime

If an employee works more than 2 hours of overtime at the end of their shift, they get a 20-minute paid crib break before starting their overtime hours. For every 4 hours of successive overtime work, they receive an additional 30-minute paid crib break.

On Saturdays or Sundays, employees working overtime are entitled to a paid 10 minute break between 9am and 11am.

If an employee works over 4 hours of overtime on a Saturday or Sunday, they get a 20-minute paid crib break at their ordinary hourly rate. If they continue working for another 4 hours, they receive a 30-minute paid break at their ordinary hourly rate.

Transport after overtime

If reasonable means of transport are not available by the time an employee finishes working overtime and/or a shift the employee is not usually rostered for, the employer must pay for the cost of, or provide, transport to the employee’s home or nearest public transport.

Time off instead of payment for overtime

By agreement, employees (except for daily hire or casuals) can take time off instead of being paid for a particular amount of overtime. There must be a separate agreement in writing each time overtime is worked.

The agreement must specify the following:

  • The number of hours to which it applies, and when they were worked,
  • That the employer and employee agree to the employee taking time off instead of payment for the overtime,
  • That if the employee requests at any time, the employer must pay the employee for overtime covered by the agreement but has not been taken as time off yet. This must be paid at the applicable overtime rate when the overtime was worked.
  • That any payment mentioned where the employee requests not to take time off is paid in the next pay period following the request.

The employee is entitled to take the same amount of time off as the number of overtime hours worked. It must be taken within 6 months after the overtime was worked, and at a time or times within that 6 months agreed upon by the employee and employer.

If the employee does not take time off for overtime agreed to be taken within the 6 month period after the overtime was worked, the employer must pay the employee for the overtime at the rate applicable when the overtime was worked. This payment must be made in the pay period following those 6 months.

A copy of the agreement must be kept by the employer as an employee record.

The business must not exert undue pressure or coerce the employee in relation to the decision of agreeing/not agreeing to take time off instead of payment for overtime.

If the employee’s employment is terminated and time off instead of payment for overtime hasn’t been taken, the employer must pay the employee for the overtime at the applicable rate for when it was worked.

 

Penalty rates

Weekend and public holiday work

Overtime worked on a Saturday must be paid at:

  • 150% of the ordinary hourly rate for the first 2 hours, and
  • 200% of the ordinary hourly rate after 2 hours

All overtime worked after midday on a Saturday must be paid at 200% of the ordinary hourly rate.

All work performed on the Saturday after Good Friday, and any Sunday must be paid at 200% of the ordinary hourly rate.

Work performed on a public holiday, part-day, or substitute days must be paid at 250% of the ordinary hourly rate; and employees must be paid for a minimum of 4 hours’ work.

Paid rest period during overtime – Saturday and Sunday

Instead of the meal break provided Where an employee works overtime on Saturday or Sunday, they must be allowed a paid rest period of 10 minutes between 9am and 11am. This operates in place of clause 18.3(a). 

Paid crib time during overtime – Saturday and Sunday

Where an employee works overtime on Saturday or working on a Sunday must be allowed a paid crib time of 20 minutes after 4 hours’ work (paid at the ordinary hourly rate), in place of the meal break provided in clause 18.1(a) but does not prevent arrangements being made to take an unpaid 30 minute meal break in addition to the 20 minutes of paid crib time.

If an employee is required to work in excess of a further 4 hours, the employee is allowed a paid 30 minute crib time (paid at the ordinary hourly rate) This operates in place of clauses 18.3 (a) and (b). 

Plumbing and Fire Sprinkler Award Summary

Leave

Annual Leave

Annual leave is as provided for in the National Employment Standards (NES) (ie employees other than casuals receive 4 weeks annual leave, pro rata for part-time employees) but subject to some additional rules.

Additional week of leave

Certain employees are entitled to an extra (5th) week of annual leave, namely where an employer rosters consecutive shifts throughout a 24 hour period, over at least 6 consecutive days, and the employee is regularly rostered to work in this shift pattern.

an employee solely engaged or regularly rostered to work in a system of consecutive shifts throughout 24 hours of each of at least 6 consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer).

Annual leave loading

Employees eligible for annual leave must get paid the amount they would have been paid for working ordinary hours (i.e.,if they are receiving over-award payments) plus the higher of:

  • a 17.5% loading or
  • If the employee is a shiftworker, the shift loadings the employee normally gets.

Before going on annual leave, they employee must be paid, in advance, the amount which they would have received for working ordinary time hours if they had not been on leave. If paid by EFT, the employee may be paid in accordance with their usual pay cycle.

Direction to take annual leave – shut down period

Employees can be required to take a period of paid annual leave during a shutdown if:

  • This is reasonable and in writing
  • At least 2 months’ written notice of the shutdown period is given (unless shorter notice has been agreed to). An employee engaged after this time should be provided with notuve as soon as reasonably practicable.

If an employee doesn’t have enough paid annual leave to cover all of the shutdown, other agreements can be made for:

  • other paid time such as time off in lieu
  • annual leave in advance
  • leave without pay.

An employer cannot require an employee to take unpaid leave if they do not have sufficient annual leave to cover the shutdown.

Direction to take annual leave – excessive accruals

Employees can be directed to take annual leave (in writing),  provided no agreement has been reached about when to take the leave and:

  • if they have at least 8 weeks accrued (10 weeks for a shiftworker); 
  • the leave has to be at least 1 week long and can’t result in the employee having less than 6 weeks accrued leave; and,
  • the employer has to tell the employee in writing that they need to take annual leave with at least 8 weeks and not more than 12 months’ notice of when the leave will start.

An employee may also provide an employer with written notice for a request to take leave (if an agreement cannot be reached and the employer refuses to confer). This can be done if the employee has had an excessive leave accrual for more than 6 months at the time.

Annual leave in advance

Annual leave can be taken in advance by agreement. An annual leave in advance agreement must:

  • state the amount of leave to be taken in advance and the date on which leave is to commence; and
  • be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

Cashing out of annual leave

The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks. This may only be done by agreement in writing which must:

  • State the amount of leave to be cashed out, the payment to be made to the employee for it and the date on which the payment is to be made
  • Be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
  • Not result in remaining accrued paid annual leave being less than 4 weeks
  • cashing out of a particular amount of paid annual leave must be the subject of a separate agreement (each time).

 

Personal/carers leave 

Personal/carer’s leave entitlements are provided for in the NES (ie permanent employees get 10 days paid leave per year, pro rata for part-time employees).

In addition, the Award states that in the event that an employee is terminated by their employer and subsequently rehired within a span of six months, any remaining, unused personal or carer’s leave balance will be retained and carried over starting from the re-engagement date. However, the computation of their upcoming year of service will initiate only after they complete a cumulative duration of 12 months with the same employer, with any gaps in service excluded from the commencement of their prior employment or the anniversary of its commencement.

 

Other leave

Employees are entitled to other leave such as compassionate leave, paid family and domestic violence leave, community service leave and parental leave in accordance with the NES

Long service leave is subject to state/territory legislation. Many states and territories provide for a portable long service leave system whereby employees carry their entitlement to long service leave from employer to employer and an employer meets its obligations to employees by paying a levy into a long service leave fund.

Termination of employment

Notice of termination

Employers must give employees notice of termination in accordance with table below (except in the cases of serious misconduct, etc

Employee’s period of continuous service with the employer at the end of the day the notice is given Period of notice
Not more than 1 year 1 week
More than 1 year but not more than 3 years 2 weeks
More than 3 years but not more than 5 years 3 weeks
More than 5 years 4 weeks

Where an employee has at least two years continuous service and is at least 45 years old, an extra week of notice must be added to the periods above.

The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

 
When employees give insufficient notice of termination

If an employee who is at least 18 years old does not give the period of notice required under the table above then the employer may deduct from wages due to the employee an amount that is no more than one week’s wages for the employee.

 

Job search entitlement

Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

The time off is to be taken at times that are convenient to the employee after consultation with the employer.

Redundancy

Employees other than casuals and apprentices are entitled to redundancy pay whenever their employment ceases (except when dismissal is due to misconduct or refusal of duty). This a broader definition of redundancy than usual and surprisingly also covers instances where, for example, an employee resigns, see here.

Redundancy pay is also on a pay different scale than is set out in the NES (see table below) and there is no exemption for small business.

Periods of service as a casual employee do not count for the purposes of calculating redundancy pay. 

Services as an apprentice does count for the purposes of calculating service.  However, the redundancy benefit is only payable if the employee completes the apprenticeship and remains employed for a further 12 months. 

Period of continuous service with an employer

Redundancy/severance pay

1 year or more but less than 2 years

2.4 weeks’ pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks’ pay

2 years or more but less than 3 years

4.8 weeks’ pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks’ pay

3 years or more than but less than 4 years

7 weeks’ pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks’ pay

4 years or more

8 weeks’ pay

The Award allows employers to pay a levy into a redundancy payment scheme (such as Incolink), rather than making payments directly to employees. 

Classification levels

All employees must be classified as one of the classification levels set out in the Award which will in turn dictate the relevant minimum wage that they can be paid.

The classification levels are as follows:

 

CW (Construction Worker) / ECW (Engineering construction worker)
Construction worker level 1 / Engineering construction worker level 1 (CW/ECW 1 )

(a) A CW/ECW 1 works under general supervision in one or more skill streams contained within this award. An employee at CW/ECW 1 (level d) will have:

(i) successfully completed, in accordance with RPL principles, a construction skills test equivalent to the required competency standards; or

(ii) successfully completed a relevant structured training program equivalent to the required competency standards; or

(iii) successfully completed an Engineering Construction Industry Skills Certificate Level 1 consisting of 16 appropriate modules; or formally recognised equivalent accredited training so as to enable the employee to perform work within the scope of this level; or

(iv) obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards:

CW/ECW 1 (level a) – ‎(new entrant) Upon commencement in the industry
CW/ECW 1 (level b) After 3 months in the industry
CW/ECW 1 (level c) After 12 months in the industry
CW/ECW 1 (level d) Upon fulfilling the substantive requirements of Construction Worker 1/Engineering Construction Worker 1 as detailed above

(b) An employee at the CW/ECW 1 (level d) performs work above and beyond the skills of an employee at CW/ECW 1 (level c) and to the level of their training and:

  • is responsible for the quality of their own work subject to general supervision;
  • works under general supervision either individually or in a team environment;
  • exercises discretion within their level of skills and training;
  • works in a safe manner;
  • identifies basic faults in materials and equipment;
  • interacts harmoniously with employees of other companies on-site;
  • adapts to a changing work environment;
  • communicates essential information; and
  • works from instructions and procedures articulated in written, spoken and/or diagrammatic form.

Self-directed WAT means a group of employees who work as a team to plan and execute functions relevant to their employers business. WATs are generally autonomous of direct managerial supervision and perform their tasks in a way which maximises productivity and the utilisation of skills.

(c) Skills and duties

(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills, both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

(ii) An employee at this level may be part of a self-directed WAT, and may be required to perform a range of duties across the skill streams contained within this award. An employee at this level:

  • works from instructions and procedures;
  • assists in the provision of on-the-job training to a limited degree;
  • co-ordinates work in a team environment or works individually under general supervision;
  • is responsible for assuring the quality of their own work;
  • has a qualification in first aid.

(d) Indicative tasks which an employee at this level may perform include the following:

  • uses precision measuring instruments;
  • basic material handling functions;
  • operate small plant and pneumatic machinery;
  • inventory and store control;
  • operate a range of hand tools and oxy welding equipment;
  • has a knowledge of the construction process and understands the sequencing of construction functions;
  • is able to provide first aid assistance to other employees;
  • sheet metal soldering;
  • tack welding;
  • operation of mobile equipment including forklifts, hand trolleys, pallet trucks, overhead cranes and winch operation;
  • ability to measure accurately;
  • assists one or more tradespersons;

(e) The CW/ECW 1 classification incorporates the following broadbanded award classifications:

  • Adult trainee terrazzo worker
  • Aircon group 2
  • Aircon group 3
  • Aluminium alloy structural worker
  • Assistant powder monkey
  • Assistant rigger
  • Bar bending machine operator
  • Bitumen worker
  • Builders’ labourer group 4
  • Cable jointer
  • Cement gun operator
  • Chainperson
  • Concrete cutting or drilling machine operator
  • Concrete floater
  • Concrete formwork stripper
  • Concrete gang worker
  • Concrete gun or pump operator
  • Cook’s offsider, work boat driver
  • Crane chaser
  • Demolition labourer
  • Dresser and grinder
  • Drilling machine operator
  • Dump cart operator
  • Employee directly assisting a tradesperson
  • Erector (wire mesh)
  • Fencer
  • Gantry hand or crane hand
  • General hand
  • Geotextile/geomembrane worker level 1
  • Insulator
  • Ironworker on construction
  • Jackhammerman
  • Kerb and gutter layer
  • Lagger 1st a ssembler B
  • Lagger 2nd 6 months
  • Landscape labourer
  • Linesperson
  • Machinist (precast concrete manufacture)
  • Machinist grade 1
  • Mess attendant, camp attendant
  • Mixer driver (concrete)
  • Mobile concrete pumphose person or line hand
  • Mobile crane driver
  • Painter brush hand
  • Pick or shovelman
  • Plasterer, terrazzo or stonemason’s assistant
  • Roof layer (malthoid or similar material)
  • Sheetmetal worker 2nd class
  • Spray painter
  • Steel erector
  • Stonemason assistant—factory (Queensland and Tasmania)
  • Terrazzo assistant
  • Tool/material storeman
  • Tradesperson’s labourer
  • Welder 2nd class

(f) An employee at this level may be undergoing training so as to qualify as a CW/ECW 1 (level d) or CW/ECW 2. Where possible, an employee at Levels 1 (level a), 1 (level b) and 1 (level c) will be provided with access to accredited structured training approved by the relevant Skills Council.

 
Construction worker level 2/ Engineering construction worker level 2 (CW/ECW 2 )

(a) A CW/ECW 2 works under limited supervision in one or more skill streams contained within this award. A CW/ECW 2 will:

(i) have completed in accordance with RPL principles a Construction Skills Test equivalent to the required competency standards; or

(ii) have completed relevant structured training equivalent to the required competency standards; or

(iii) successfully completed an Engineering Construction Industry Certificate Level 2 consisting of a total of 20 appropriate modules, or formally recognised equivalent accredited training so as to enable the employee to perform work within the scope of this level; or

(iv) obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard.

(b) Skills and duties

(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

(ii) An employee at this level may be part of a self-directed WAT and may be responsible for the supervision of one or more employees working at CW/ECW 1 level.

(iii) An employee at this level:

  • can interpret plans and drawings relevant to their functions;
  • assists with the provision of on-the-job training;
  • assumes responsibility for allocating tasks within a WAT within the area of the employee’s skill, competence and training;
  • has some responsibility for the order and purchase of materials within defined parameters;
  • is able to sequence functions relevant to the employee’s WAT;
  • applies quality control techniques to the employee’s own work and other employees within the WAT;
  • works from complex instructions and procedures;
  • co-ordinates work in a team environment or works individually under general supervision;
  • is responsible for assuring the quality of their work;
  • works in a safe manner;
  • exercises discretion within their level of training;
  • understands the construction process in their sector and has a basic level of understanding of processes in other sectors;
  • implements basic fault-finding and problem solving skills within the employee’s sphere of work;
  • interacts harmoniously with employees of other companies on-site;
  • anticipates and plans for changes to the work environment.

(c) Indicative tasks which an employee at this level may perform include the following:

  • calculates safe loads and stress factors;
  • measures accurately using specialised equipment;
  • non-trades maintenance of relevant plant and equipment;
  • anticipates and plans for constant changes to the work environment.
  • materials handling;
  • operates machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee at CW/ECW 1 (level d);
  • uses measuring and levelling instruments;
  • performs basic quality checks on the work of others;
  • oxy acetylene cutting.

(d) The CW/ECW 2 classification incorporates the following broadbanded award classifications:

  • Aircon group 1
  • Concrete batching plant operator
  • Concrete finisher
  • Employee operating power driven portable saw
  • Forklift over 4500kg
  • Foundation shaftsworker
  • Geotextile/geomembrane worker level 2
  • Hoist or winch driver
  • Landscaper
  • Manhole builder
  • Pitcher or beacher
  • Powder monkey
  • Scaffolder
  • Spotter
  • Steelfixer
  • Storeman
  • Tack welder
  • Tool sharpener
  • Traffic controller
  • Wall builder

(e) An employee at this level may be undergoing training so as to qualify as a CW/ECW 3.

 
Construction worker level 3/ Engineering construction worker level 3 ( Engineering construction tradesperson level 1) (CW/ECW 3 )

(a) A CW/ECW 3 works individually or in a team environment in one or more skill streams contained within this award. A CW/ECW 3 will:

(i) have successfully completed a relevant trade apprenticeship or its AQF equivalent; or

(ii) have successfully completed, in accordance with RPL principles, a Construction Skills Test for this level; or

(iii) have successfully completed the required competency standards; or

(iv) have successfully completed an Engineering Construction Industry Certificate Level 3 consisting of a total of 24 appropriate modules or formally recognised equivalent accredited training so as to enable the employee to perform work within the scope of this level; or

(v) obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard,

any one of which will qualify the employee as a CW/ECW 3.

(b) Skills and duties

(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

(ii) An employee at this level may be responsible for the supervision of one or more employees working at CW/ECW 1 or CW/ECW 2 level.

(iii) An employee at this level:

  • understands and applies quality control techniques;
  • exercises good interpersonal and communication skills;
  • exercises measuring and calculation skills at a higher level than CW/ECW 2;
  • exercises discretion within the scope of this grade;
  • performs work of a trades or non-trades nature which is incidental or peripheral to the employee’s main function and facilitates the completion of the whole task;
  • is able to inspect products and/or materials for conformity with established operational standards;
  • assists in the provision of on-the-job training;
  • understands and applies quality control techniques;
  • exercises good interpersonal communication skills;
  • exercises discretion within the scope of this grade;
  • performs work under limited supervision either individually or in a team environment.

(c) Indicative tasks which an employee may perform at this level include the following:

  • allocates functions within a WAT;
  • production sequencing and materials handling of a level more advanced than CW/ECW 2;
  • trade skills associated with certificated trades within the scope of this award;
  • has a sound understanding of the construction process;
  • specialised materials handling;
  • operates machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee at CW/ECW 2;
  • performs work which is incidental or peripheral to the primary tasks and facilitates the completion of the whole task;
  • sheetmetal fabrication;
  • system assembly;
  • welding and cutting;
  • mechanical installation.

(d) The CW/ECW 3 classification incorporates the following broadbanded award classifications:

  • Air compressor operator
  • Air-conditioning tradesperson
  • All winch driver
  • Artificial stoneworker
  • Battery fitter
  • Bitumen sprayer
  • Boilermaker and/or structural steel tradesperson
  • Bricklayer
  • Bridge and wharf carpenter
  • Carpenter
  • Caster
  • Concrete finisher, powered
  • Concrete spreader, powered
  • Crawler tractor with power operated attachments (up to and including 2000kg shipping mass)
  • Crusher operator aggregate (dimension stone quarries)
  • Drainer
  • Dumper, rear and bottom (up to and including 2 cubic metres struck capacity)
  • Electric motor attendant
  • Electrical fitter
  • Electrical mechanic
  • Fitter
  • Fixer
  • Floor layer specialist
  • Floorsander
  • Forklift driver
  • Form setter
  • Gardener
  • Geotextile/geomembrane worker level 3
  • Glazier
  • Hand sprayer, lance type
  • Joiner
  • Locksmith
  • Machinist
  • Marble and slateworker
  • Marker off
  • Mobile concrete line pump operator
  • Mobile hydraulic platform operator
  • Motor mechanic
  • Operator, drilling machine, up to and including 155 mm diameter
  • Operator, pneumatic tyred tractor with power operated attachments (up to and including 15 kW net engine power)
  • Operators of other cranes up to and including 5 ton
  • Painter (including Artworker, Spraypainter, Shotblaster and Sandblaster)
  • Paviour (including segmental paving)
  • Pipe layer (any kind of pipes)
  • Plant mechanic
  • Plasterer
  • Prefab tradesperson
  • Qualified/trade cook
  • Quarryworker (dimension stone quarries)
  • Refrigeration mechanic
  • Renderer in pipes, tunnels or covered drains
  • Rigger
  • Dogger
  • Roller, vibrating (under 4 ton)
  • Roof fixer
  • Rooftiler (including Roof Slater)
  • Second driver—Navvy and dragline or dredge-type excavator
  • Serviceperson
  • Sheetmetal worker 1st class
  • Shophand
  • Slate ridge or roof fixer
  • Stonemason
  • Tilelayer
  • Timberperson
  • Tradesperson (radio)
  • Tradesperson (precast concrete manufacture)
  • Tradesperson landscaper
  • Trenching machine (small Ditch-Witch type)
  • Welder 1st class
  • Welder special class

(e) An employee at this level may be undergoing training so as to qualify as a CW/ECW 4.

 
Construction worker level 4/ Engineering construction worker level 4 ( Engineering construction tradesperson level II and Engineering construction technician level I) (CW/ECW 4 )

(a) A CW/ECW 4 works in one or more skill streams contained within this award. A CW/ECW 4 will:

(i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 3; or

(ii) have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level;

any one of which will qualify the employee as a CW/ECW 4, or is an:

  • Engineering construction tradesperson (electrical/ electronic) level II; or
  • Engineering construction tradesperson (mechanical) level II; or
  • Engineering construction tradesperson (fabrication) level II;

who has completed the following training requirements:

  • 3 appropriate modules in addition to the training requirements of CW/ECW 3 level; or
  • 3 appropriate modules towards an Advanced Certificate; or
  • 3 appropriate modules towards an Associate Diploma; or
  • any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
  • will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards; or
  • tasks which an employee at this level may perform are subject to the employee having the appropriate Trade and Post Trade training to enable them to perform the particular tasks.

(b) Skills and duties

(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

(ii) An employee at this level may be part of a self-directed WAT, and may be required to perform a range of duties across the skill streams contained within this award.

(iii) An employee at this level:

  • exercises skills attained through satisfactory completion of the training/work experience prescribed for this classification;
  • exercises discretion within the scope of this grade;
  • works under limited supervision either individually or in a team environment;
  • understands and implements quality control techniques;
  • provides guidance and assistance as part of a work team;
  • exercises advanced trades and non-trade skills relevant to the specific requirements of the industry or enterprise at a higher level than CW/ECW 3.

(c) Indicative tasks which an employee may perform at this level include the following:

  • exercises precision trade and non-trade skills using various materials and specialised techniques at a higher level than CW/ECW 3;
  • operates, and maintains plant and machinery;
  • is able to plan construction sequencing.

(d) The CW/ECW 4 classification incorporates the following broadbanded award classifications:

  • Bitumen sprayer (driver)
  • Compactor—up to but not exceeding 48 kW (65 hp)
  • Concrete paver
  • Crawler loader (up to and including 15,000 kg mass)
  • Crawler tractor not using power operated attachments above class 3
  • Crawler tractor using power operated attachments class 3, 4, 5 and 6
  • Dumper, rear and bottom (above 2 cubic metres, up to and including 30 cubic metres struck capacity)
  • Electrician special class
  • Excavator up to and including 0.5 cubic metre capacity
  • Floating crane—up to and including 10 ton
  • Forklift—up to but not exceeding 48 kW (65 hp)
  • Geotextile/geomembrane worker level 4
  • Grader, power operated below 35 kW brake power
  • Inspector
  • Instrument tradesperson complex systems
  • Instrument tradesperson
  • Joiner special class
  • Joiner-setter out
  • Letter cutter
  • Loader, front end or overhead, up to and including 2.25 cubic metres
  • Locomotive (not carrying passengers)
  • Marker-setter out
  • Mechanical tradesperson special class
  • Mobile concrete boom pump operator
  • Mobile crane—up to and including 10 ton
  • Operator, tractor—up to but not exceeding 48 kW (65 hp)
  • Operator, pneumatic tyred tractor—with power operated attachments (above 15 kW, up to and including 150 kW net engine power)
  • Operator of mobile crane with lifting capacity in excess of 8 ton and not exceeding 15 ton
  • Operator, drilling machine—over 155 mm to 230 mm diameter
  • Other cranes—over 5 ton and not exceeding 15 ton road roller
  • Shaft or trench sinker
  • Pile driver
  • Prefab setter
  • Roadmarker operator
  • Road roller (8 ton and above)
  • Road roller, vibrating (4 ton and above)
  • Scraper (up to and including 10 cubic metres struck capacity)
  • Scraper, self-powered under 10 cubic metres struck capacity
  • Signwriter
  • Skid steer tractor—up to but not exceeding 48 kW (65 hp)
  • Specialist landscaper tradesperson
  • Track laying, fixing or levelling machine (railway construction)
  • Trench machine (depth up to 2.4 metres, and width up to 450 mm) and bucket wheel trencher with equivalent capacity in cubic metres per hour
  • Tunneller 2
  • Winding and haulage driver

(e) Engineering Construction Technician Level I

An Engineering construction technician level I being an employee who has the equivalent level of training and/or experience to a CW/ECW 4 tradesperson in the technical fields as defined but is engaged in detail draughting or routine planning or technical tasks requiring technical knowledge.

(f) An employee at this level may be undergoing training so as to qualify as a CW/ECW 5.

 
Construction worker level 5/ Engineering construction worker level 5 ( Special class engineering construction tradesperson level I and Engineering construction technician level II ) (CW/ECW 5 )

(a) A CW/ECW 5 works in one or more skill streams contained within this award. A CW/ECW 5 will:

(i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 4; or

(ii) have successfully completed, in accordance with RPL principles, a Skills Test equivalent to the requirements,

either of which will qualify the employee for a CW/ECW 5; or a

  • Special class engineering construction tradesperson (electrical/electronic) level I;
  • Special class engineering construction tradesperson (mechanical) level I; or
  • Special class engineering construction tradesperson (fabrication) level I;

who has completed the following training requirements:

  • 6 appropriate modules in addition to the training requirements of CW/ECW 3 level; or
  • 6 appropriate modules towards an Advanced Certificate; or
  • 6 appropriate modules towards an Associate Diploma; or
  • any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
  • will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

(b) Skills and duties

(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

(ii) An employee at this level may be part of a self-directed WAT, and may be required to perform a range of duties across the skill streams contained in this award.

(iii) An employee at this level:

  • exercises skills attained through satisfactory completion of the training/work experience prescribed for this classification;
  • exercises discretion within the scope of this grade;
  • provides trades guidance and assistance as part of a work team;
  • assists in the provision of training in conjunction with supervisors and trainers;
  • understand and implements quality control techniques;
  • works under limited supervision either individually or in a team environment;
  • assists in the provision of training in conjunction with supervisors.

(c) Indicative tasks which an employee may perform at this level include the following:

  • exercises precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 4;
  • operates, and maintains complex plant and machinery;
  • is able to plan complex construction sequencing;
  • performs operations on a Computer-Aided Design and Computer Aided Manufacturing (CAD/CAM) terminal in the performance of routine modifications to the Numeric Control/Computer Numeric Control (NC/CNC) programs;
  • installs, repairs and maintains, tests, modifies, commissions and/or fault finds on complex machinery and equipment which utilises hydraulic and/or pneumatic principles and in the course of such work, is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems;
  • works on complex or intricate circuitry which involves examining, diagnosing and modifying systems comprising inter-connected circuits.

(d) The CW/ECW 5 classification incorporates the following broadbanded award classifications:

  • Carver
  • Compactor—from 48 kW (65 hp),
  • Crawler loader (above 15,000 kg mass, up to and including 60,000 kg mass)
  • Crawler tractor using power operated attachments class 7, 8 and 9
  • Dragline/shovel excavator—up to but not exceeding 3.0 metre capacity
  • Dumper, rear and bottom (above 30 cubic metres, up to and including 120 cubic metres struck capacity)
  • Dumper—up to but not exceeding 100 ton
  • Excavator above 0.5 cubic metres
  • Excavator—hydraulic telescopic boom type
  • Floating crane—over 10 but not exceeding 100 ton
  • Forklift—from 48 kW (65 hp) up to but not exceeding 220 kW (295 hp)
  • Geotextile/geomembrane worker level 5
  • Grader
  • Grader—from 96 kW (130 hp) up to but not exceeding 148 kW (200 hp)
  • Loader—front end and overhead, from 48 kW (65 hp) up to but not exceeding 370 kW (500 hp)
  • Locomotive (carrying passengers)
  • Mobile crane—over 10 but not exceeding 100 ton
  • Operator, drilling machine, over 230 mm diameter
  • Operator, pneumatic tyred loader (over 105 kW, up to and including 500 kW net engine power)
  • Operator, pneumatic tyred tractor using power operated attachments in excess of 110 kW brake power
  • Operator, tunnel boring machine; operator, tunnel excavating machine
  • Other cranes—over 15 but not exceeding 100 ton
  • Refractory bricklayer
  • Scraper, self-powered over 10 cubic metres struck capacity
  • Side boom/pipe layer—up to but not exceeding 220 kW (295 hp)
  • Skid steer tractor—from 48 kW (65 hp)
  • Special class trades
  • Tractor—from 48 kW (65 hp) up to but not exceeding 370 kW (500 hp)
  • Trainee dogger/crane hand (fixed cranes)
  • Trenching machine (greater than 2.4 metres depth and 450 mm width) and bucketwheel trencher with equivalent capacity in cubic metres per hour

(e) Engineering Construction Technician Level II

An Engineering construction technician level II is an employee who has equivalent level of training and/or experience to an Engineering construction tradesperson special class level I but is engaged in detail draughting or planning or technical work which requires the exercise of judgment and skill in excess of that required of an employee at CW/ECW 4 under the supervision of technical staff.

(f) An employee at this level may be undergoing training so as to qualify as a CW/ECW 6.

 
Construction worker level 6/ Engineering construction worker level 6 ( Special class engineering construction tradesperson level II and Engineering construction technician level III ) (CW/ECW 6 )

(a) A CW/ECW 6 works in one or more skill streams contained within this award. A CW/ECW 6 will:

(i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 6; or

(ii) have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level,

either of which will qualify the employee for a CW/ECW 6; or a

  • Special class engineering construction tradesperson (electrical/ electronic) level II; or
  • Special class engineering construction tradesperson (mechanical) level II; or
  • Special class engineering construction tradesperson (fabrication) level II;

who has completed the following training requirements:

  • 9 appropriate modules in addition to the requirements of CW/ECW 3 level; or
  • 9 appropriate modules towards an Advanced Certificate; or
  • 9 appropriate modules towards an Associate Diploma; or
  • any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
  • will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

(b) Skills and duties

(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

(ii) An employee at this level may be part of a self-directed WAT, and may be required to perform a range of duties across the skill streams contained within this award.

(iii) An employee at this level:

  • exercises skills attained through satisfactory completion of the training/work experience prescribed for this classification;
  • exercises discretion within the scope of this grade;
  • provides trades guidance and assistance as part of a work team;
  • provides training in conjunction with supervisors and trainers;
  • works under limited supervision either individually or in a team environment;
  • understands and implements quality control techniques.

(c) Indicative tasks which an employee may perform at this level include the following:

  • operates plant and equipment at a higher level of skill than CW/ECW 5;
  • exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 5;
  • implements quality control techniques;
  • plans complex construction sequencing;
  • works on machines or equipment which utilise complex mechanic or hydraulic and/or pneumatic circuitry and controls or a combination thereof;
  • works on machinery or equipment which utilises complex electrical/ electronic circuitry and controls;
  • works on instruments which make up a complex control system which utilises some combination of electrical/electronic, mechanical or fluid power principles;
  • applies advanced computer numerical control techniques in machining or cutting or welding or fabrication;
  • exercises intermediate CAD/CAM skills in the performance of routine modifications to programs;
  • works on complex or intricate interconnected electrical circuits at a level above CW/ECW 5;
  • works on complex radio/communication equipment.

(d) The CW/ECW 6 classification incorporates the following broadbanded award classifications:

  • Dumper—from 100 ton struck capacity
  • Electronics tradesperson
  • Instrumentation and control tradesperson
  • Loader—front end and overhead, from 370 kW (500 hp) up to but not exceeding 450 kW (600 hp)
  • Mobile crane with lifting capacity in excess of 100 ton and not exceeding 140 ton
  • Operator (dragline/shovel excavator—from 3 cubic metres, side boom/pipe layer—from 220 kW (295 hp)
  • Operator of mobile crane with lifting capacity in excess of 140 ton and not exceeding 180 ton
  • Tractor—from 370 kW (500 hp) up to but not exceeding 450 kW (600 hp)

(e) Engineering Construction Technician Level III

An Engineering construction technician level III is an employee who has equivalent level of training and/or experience to an Engineering construction tradesperson special class level II but is engaged in one of the following areas:

  • detail draughting or planning or technical duties requiring judgement and skill in excess of that required of a Technician at CW/ECW 5 level under the supervision of Technical Staff; or
  • possesses a level of training and/or experience at CW/ECW 6 level and exercises cross skilling in technical fields as defined.

(f) An employee at this level may be undergoing training so as to qualify as a CW/ECW 7.

 
Construction worker level 7/ Engineering construction worker level 7 ( Special class engineering construction tradesperson level III ) (CW/ECW 7 )

(a) A CW/ECW 7 works in one or more skill streams contained within this award. A CW/ECW 7 will:

(i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 6; or

(ii) have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level,

either of which will qualify the employee for a CW/ECW 7; or is a:

  • Special class engineering construction tradesperson Level III; or
  • Special class engineering construction tradesperson (electrical/ electronic) Level III; or
  • Special class engineering construction tradesperson (mechanical) level III; or
  • Special class engineering construction tradesperson (fabrication) level III;

who has completed:

  • 10 1/2 appropriate modules of an Advanced Certificate; or
  • 10 1/2 appropriate modules of an Associate Diploma; or
  • 10 1/2 appropriate modules in addition to the requirements of ECW3
  • any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
  • will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

(b) Skills and duties

(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

(ii) An employee at this level may be part of a self-directed WAT and may be required to perform a range of duties across the skill streams contained within this award.

(iii) An employee at this level:

  • exercises skills attained through satisfactory completion of the training prescribed for this classification;
  • exercises discretion within the scope of this grade;
  • provides training in conjunction with supervisors and trainers;
  • understand and applies quality control techniques;
  • prepares complex reports;
  • contributes to the design of work, and the application of labour;
  • assists in the supervision or organisation of WATs;
  • is able to provide trade guidance and assistance as part of a work team; and
  • works under limited supervision either individually or in a team environment.

(c) Indicative tasks which an employee may perform at this level include the following:

  • works on plant and equipment at a higher level of skill than CW/ECW 6;
  • exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 6;
  • implements quality control techniques;
  • plans complex construction sequencing;
  • works on machines or equipment which utilise complex mechanic or hydraulic and/or pneumatic circuitry and controls or a combination thereof;
  • works on machinery or equipment which utilises complex electrical/ electronic circuitry and controls;
  • works on instruments which make up a complex control system which utilises some combination of electrical/electronic mechanical or fluid power principles;
  • applies advanced computer numerical control techniques in machining or cutting or welding or fabrication;
  • exercises intermediate CAD/CAM skills in the performance of routine modifications to programs;
  • working on complex or intricate interconnected electrical circuits at a level above CW/ECW6;
  • working on complex radio/communication equipment.

(d) The CW/ECW 7 classification incorporates the following broadbanded award classifications:

  • Dogger-crane hand (fixed cranes)
  • Mobile crane with lifting capacity in excess of 180 ton and not exceeding 220 ton
  • Operator, tower crane driver, operator of tractor—from 450 kW (600 hp)
  • Operator, mobile crane with lifting capacity in excess of 220 ton
  • Sub-foreperson

(e) An employee at this level may be undergoing training so as to qualify as a CW/ECW 8 .

 
Construction worker level 8/ Engineering construction worker level 8 ( Advanced engineering construction tradesperson level I and Engineering construction technician level IV ) (CW/ECW 8 )

(a) A CW/ECW 8 works in one or more skill streams contained within this award. A CW/ECW 8 will:

(i) have successfully completed the relevant structured training in addition to the requirements of CW/ECW 7; or

(ii) have successfully completed, in accordance with RPL principles, a Construction Skills Test equivalent to the requirements of this level,

either of which will qualify the employee for a CW/ECW 8; or is an

  • Advanced engineering construction tradesperson (electrical/electronic) level I; or
  • Advanced engineering construction tradesperson (mechanical) level I; or
  • Advanced engineering construction tradesperson (fabrication) level I;

who has completed:

  • 12 appropriate modules of an Advanced Certificate; or
  • 12 appropriate modules of an Associate Diploma; or
  • 12 appropriate modules in addition to the requirements of CW/ECW 3; or
  • any training which a registered provider (e.g. TAFE) or State training authority has recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
  • will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

(b) Skills and duties

(i) An employee at this level performs work to the extent of their skills, competence and training. Employees will acquire skills both formal and informal over time and with experience, and will undertake indicative tasks and duties within the scope of skills they possess.

(ii) An employee at this level may be part of a self-directed WAT, and may be required to perform a range of duties across the 3 skill streams contained within this award.

(iii) An employee at this level:

  • exercises skills attained through satisfactory completion of the training prescribed for this classification;
  • exercises discretion within the scope of this grade;
  • designs training programs in conjunction with relevant supervisors and trainers;
  • understands and applies quality control techniques;
  • prepares complex reports;
  • contributes to the design of work and the application of labour;
  • undertakes quality control and work organisation at a level higher than for CW/ECW7;
  • provides trade guidance and assistance as part of a work team;
  • assists in the provision of training to employees in conjunction with supervisors/trainers;
  • performs maintenance planning and predictive maintenance work not in Technical Fields;
  • works under limited supervision either individually or in a team environment;
  • prepares reports of a technical nature on specific tasks or assignments as directed;
  • exercises broad discretion within the scope of this level.

(c) Indicative tasks which an employee may perform at this level include the following:

  • works on plant and equipment at a higher level of skill than CW/ECW 7;
  • exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than CW/ECW 7;
  • implements quality control programs;
  • plans complex construction sequencing;
  • works on combinations of machines or equipment which utilises complex electrical or electronic, mechanical or fluid power principles;
  • works on instruments which make up a complex control system which utilises some combination of electrical, electronic, mechanical or fluid power principles and electronic circuitry containing complex analogue and/or digital control systems utilising integrated circuitry;
  • applies computer integrated manufacturing techniques involving a higher level of computer operating and programming skills than for CW/ECW 7;
  • works on various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems using integrated circuitry.

(d) The CW/ECW 8 classification incorporates the following broadbanded award classifications:

  • Carpenter-diver
  • Foreperson (as defined)

(e) Engineering Construction Technician Level IV

Engineering Construction Technician level IV means an employee who has equivalent level of training and skills to an Advanced engineering construction tradesperson level II but is engaged in one of the following areas to the extent of that training:

  • detail draughting involving originality of thought which requires the exercise of judgment and skill in excess of that required of an Engineering construction technician at CW/ECW 7 level under the supervision of Technical and/or Professional staff; or
  • is engaged in planning or technical duties requiring judgment and skill in excess of that required of a Technician at CW/ECW 7 level under the supervision of Technical and/or Professional staff; or
  • exercises a level of cross skilling in technical fields.
 
Engineering construction worker level 9 ( Advanced engineering construction tradesperson level II and Engineering construction technician level V) (ECW 9 )

(a) An Advanced engineering construction tradesperson level II is an:

  • Advanced engineering construction tradesperson (electrical/electronic) level II; or
  • Advanced engineering construction tradesperson (mechanical) level II; or
  • Advanced engineering construction tradesperson (fabrication) level II;

who has completed:

  • an Advanced Certificate; or
  • 15 appropriate modules of an Associate Diploma; or
  • 15 appropriate modules in addition to the requirements of CW/ECW 3; or
  • any training which a registered provider (e.g. TAFE) or by a State training authority has been recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
  • will have skills equivalent to the above gained through work experience subject to competency testing to the prescribed standards.

(b) An Advanced engineering construction tradesperson level II works above and beyond a Tradesperson at CW/ECW 8 and to the level of their training:

  • provides technical guidance or advice within the scope of this level;
  • prepares reports of a technical nature on specific tasks or assignment as directed or within the scope of discretion at this level;
  • has an overall knowledge and understanding of the operating principle of the systems and equipment on which the tradesperson is required to carry out their task;
  • assists in the provision of on-the-job training in conjunction with supervisors and trainers.

(c) Indicative tasks which an employee may perform at this level, subject to the employee having the appropriate Trade and Post Trade Training to enable the employee to perform them, are:

  • through a systems approach able to exercise high level diagnostic skills on complex forms of machinery, equipment or instruments which utilise some combination of electrical, electronic, mechanical or fluid power principles;
  • set up, commission, maintain and operate sophisticated maintenance, production and test equipment and/or systems involving the application of computer operating skills at a higher level than a CW/ECW8;
  • works on various forms of machinery and equipment electronically controlled by complex digital and/or analogue control systems using integrated circuitry;
  • works on complex electronics or instruments or communications equipment or control systems which utilise electronic principles and electronic circuitry containing complex analogue and/or digital control systems using integrated circuitry.

(d) Engineering Construction Technician Level V

An Engineering construction technician level V has the level of training and skills to an Advanced engineering construction tradesperson level II but is engaged in one of the following areas:

  • undertakes draughting or planning which requires the exercise of judgment and skill in excess of that required of an Engineering technician level IV at CW/ECW 8; or
  • exercises a level of cross skilling in technical fields as defined, consistent with the training and experience at this grade.
Plumbing and Fire Sprinkler Award Summary

How HR Connect can help

If you require assistance with dealing with disciplinary issues concerning staff, HR Connect can help. Our HR Advisors will be able to guide you through each step of the disciplinary process and we have template documents (e.g. direction to attend a disciplinary meeting, written warning, letter of termination, etc) available as part of our subscription packages.

 

About HR Connect

HR Connect is one of Australia’s leading providers of HR & workplace safety advice services, designed to help small business owners make confident and compliant business decisions.  

Disclaimer

The information provided in these knowledge base articles is general in nature and is not intended to substitute for professional advice. If you are unsure about how this information applies to your specific situation we recommend you contact HR Connect for advice. The information in this summary is correct as of 22 February 2024.   This knowledge base article will change over time, as Modern Award legislation relating to this Industry or Occupation is passed by the Fair Work Commission. Originally published on 21 September 2021 and last updated on 22 February 2024.

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