Building and Construction Industry Award Changes

The Fair Work Commission recently announced changes to the below three awards within the building and construction industry;

• Building and Construction General On-site Award 2010;
• Joinery and Building Trades Award 2010;
• Mobile Crane Hiring Award 2010.

 

These amendments are effective from the first full pay period on or after 1 July 2020.

 

Building and Construction Award

Several changes have been introduced to the Building and Construction General On-site Award 2010 [MA000020]; we have outlined these revisions below.

Soil, concrete and aggregate testing employees who were previously under this award, are no longer covered by the Building and Construction Award. To determine which award these employees would now fall under, please contact Employment Innovations.

The industry allowances have been increased and several allowances/special rates have been removed with the aim to make wages more straightforward (outlined in clause 21.1).

Employees can also come to an agreement with their employer to take time off instead of being paid the overtime penalty. Clause 36.17 of the award stipulates the provisions and requirements of coming to this arrangement.

An early morning shift has also been introduced to the award, an employee who starts their shift on or after 11 pm and before 4.30 am will be paid 1.5x their ordinary rate.

In addition to the above-modified conditions, the award has also amended the following provisions:

• varying the living away from home – distant work arrangements (clause 25.4);
• updating the fares and travel pattern allowance (clause 25.1);
• altering the rates for forepersons and supervisors (clause 43.2);
• annual leave loading will now be calculated on the employees’ ordinary hourly rate (clause 38.2).

 

Joinery and Building Trades Award

There have also been changes applied to the Joinery and Building Trades Award 2010 [MA000029] regarding overtime provisions. The award now allows employees to take time off instead of overtime. Clause 30.9 of the award specifies the requirements when entering a time off in lieu (TOIL) arrangement.

In addition, employers and a majority of their employees can come to a mutual agreement to amend the provisions under the award regarding ordinary hours of work, rostering, breaks and overtime. When entering into this agreement, the employees must not receive a loss in ordinary time pay or status.

The terms of working a ‘distant job’ have also been updated, relating to the transfers, travelling, and working away from the usual place of work (clause 24.5).

 

Mobile Crane Hiring Award

Changes to the Mobile Crane Hiring Award 2010 [MA000032] will mean that when an employee is required to be away from home overnight the employer must adhere to the allowances outlined in clause 14.3(e) of the award.

The employer must either:

(A) pay the employee the greater of $72.02 per day or an amount which fully reimburses the employee for all reasonable accommodation and meal expenses incurred; or

(B) provide the worker with accommodation and three adequate meals each day; or

(C) provide the worker with accommodation and reimburse the employee for all reasonable meal expenses; or

(D) where employees are required to live in camp, provide all board and accommodation free of charge.

 

If the employer provides the employee with accommodation, it must be in line with contemporary living standards e.g. include washing, laundry, kitchen facilities.