MA000020 PR729275

FAIR WORK COMMISSION

DETERMINATION

Fair Work Act 2009
s.285—Annual wage review

Annual Wage Review 2020–21
(C2021/1)

BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2020
[MA000020]


Building, metal and civil construction industries
JUSTICE ROSS, PRESIDENT VICE PRESIDENT CATANZARITI DEPUTY PRESIDENT ASBURY COMMISSIONER HAMPTON MR FERGUSON PROFESSOR WOODEN MS LABINE-ROMAIN	MELBOURNE, 25 JUNE 2021

Annual Wage Review 2020–21.

A. Further to the decision issued by the Expert Panel in the Annual Wage Review 2020–21 on 16 June 2021 [[2021] FWCFB 3500], the above award is varied as follows:

1. By deleting the table appearing in clause 19.1(a) and inserting the following:

Level	Minimum weekly rate	Minimum hourly rate
	$	$
Level 9 (ECW 9)	1052.40	27.69
Level 8 (CW/ECW 8)	1034.20	27.22
Level 7 (CW/ECW 7)	1009.70	26.57
Level 6 (CW/ECW 6)	981.60	25.83
Level 5 (CW/ECW 5)	956.10	25.16
Level 4 (CW/ECW 4)	927.80	24.42
Level 3 (CW/ECW 3)	899.50	23.67
Level 2 (CW/ECW 2)	874.00	23.00
Level 1 (CW/ECW 1)—CW/ECW 1 (level d)	856.30	22.53
Level 1 (CW/ECW 1)—CW/ECW 1 (level c)	840.50	22.12
Level 1 (CW/ECW 1)—CW/ECW 1 (level b)	828.70	21.81
Level 1 (CW/ECW 1)—CW/ECW1 (level a)	812.00	21.37

2. By deleting the amount “$21.06” appearing in clause 19.5 and inserting “$21.59”.

3. By deleting the table appearing in clause 19.10(b) and inserting the following:

Item	Stage 1	Stage 2	Stage 3
	$	$	$
Base rate	699.22	741.02	791.12
Industry allowance—civil construction industry	53.97	53.97	53.97
Total weekly rate	753.19	794.99	845.09

4. By deleting the table appearing in clause 19.10(c)(i) and inserting the following:

Item	Wage level B	Wage level A
	$	$
Base rate	612.52	630.52
Industry allowance	53.97	53.97
Weekly rate	666.49	684.49

5. By deleting the table appearing in clause 19.10(c)(ii) and inserting the following:

Item	Wage level B	Wage level A
	$	$
Base rate	612.52	630.52
Industry allowance	43.18	43.18
Weekly rate	655.70	673.70

6. By deleting the amount “$52.66” appearing in clause 22.1(a) and inserting “$53.97”.

7. By deleting the amount “$42.12” appearing in clause 22.1(b) and inserting “$43.18”.

8. By deleting the amount “$15.80” appearing in clause 23.2(a) and inserting “$16.19”.

9. By deleting the amount “$3.51” appearing in clause 23.2(b) and inserting “$3.60”.

10. By deleting the amounts “$0.74” and “$1.48” wherever they appear in clause 23.3(d) and inserting “$0.76” and “$1.52” respectively.

11. By deleting the table appearing in clause 23.3(e)(i) and inserting the following

Storeys	$ per hour
From the commencement of building to 15th floor level	0.62
From the 16th to 30th floor level	0.73
From the 31st to 45th floor level	1.14
From the 46th to 60th floor level	1.47
From the 61st floor level onward	1.80

12. By deleting the amount “$0.74” wherever it appears in clause 23.3(f)(i) and inserting “$0.76”.

13. By deleting the amount “$3.09” appearing in clause 23.4(c) and inserting “$3.17”.

14. By deleting the amount “$1.04” appearing in clause 23.5 and inserting “$1.07”.

15. By deleting the amount “$3.16” appearing in clause 23.6(b)(i) and inserting “$3.24”.

16. By deleting the amount “$5.00” appearing in clause 23.6(b)(ii) and inserting “$5.13”.

17. By deleting the amount “$69.33” appearing in clause 23.7 and inserting “$71.06”.

18. By deleting the amount “$28.08” appearing in clause 23.8(a) and inserting “$28.78”.

19. By deleting the amount “$41.25” appearing in clause 23.9(b) and inserting “$42.28”.

20. By deleting the amount “$5.38” appearing in clause 23.10(b)(i) and inserting “$5.52”.

21. By deleting the amount “$0.74” appearing in clause 23.10(c) and inserting “$0.76”.

22. By deleting the amount “$129.88” appearing in clause 42.2(a) and inserting “$133.13”.

23. By deleting the table appearing in clause 43.2 and inserting the following:

Classification	Supervision of 3 or more tradespersons, excluding leading hands	Supervision of other than 3 or more tradespersons, excluding leading hands
	$	$
Foreperson/supervisor	966.10	1047.20
General foreperson/supervisor	940.00	1025.10

24. By deleting the amount “$877.60” appearing in clause B.1.1 and inserting “$899.50”.

25. By deleting the table appearing in clause B.1.1 and inserting the following:

Allowance	Clause	% of weekly standard rate	$	Payable
Industry allowances
General building and construction industry allowance*	22.1(a)	6.0	53.97	per week
Civil construction industry allowance*	22.1(a)	6.0	53.97	per week
Metal and engineering construction industry allowance*	22.1(a)	6.0	53.97	per week
Residential building and construction industry*	22.1(b)	4.8	43.18	per week
All sectors
Mobile cranes capacity adjustment formula (Level 5 (CW/EW5) and above)	19.5	2.4	21.59	per week for each additional 40 tonnes over max limit
Underground allowance (other than Operator classification)*	23.2(a)	1.8	16.19	per week
Underground allowance—no more than 4 days/shifts in ordinary week	23.2(b)	0.4	3.60	per day or shift
First aid allowance—minimum qualifications	23.6(b)(i)	0.36	3.24	per day
First aid allowance—higher first aid certificate	23.6(b)(ii)	0.57	5.13	per day
Air-conditioning industry and refrigeration industry allowances	23.7	7.9	71.06	per week
Electrician’s licence allowance*	23.8(a)	3.2	28.78	per week
In charge of plant allowance	23.9(b)	4.7	42.28	per week
Lift industry
Lift industry allowance*	42.2(a)	14.8	133.13	per week

26. By deleting the amount “$23.09” appearing in clause B.1.2 and inserting “$23.67”.

27. By deleting the table appearing in clause B.1.2 and inserting the following:

Allowance	Clause	% of hourly standard rate	$	Payable
All sectors
Multistorey allowance—structure without regular storey levels—work above 15 metres	23.3(d)	3.2	0.76	per hour
Multistorey allowance—structure without regular storey levels—work above each additional 15 metres	23.3(d)	3.2	0.76	per hour for each additional 15 metres
Multistorey allowance—commencement of building to 15th floor level	23.3(e)(i)	2.6	0.62	per hour
Multistorey allowance—16th to 30th floor level—where structural or reinforcing steel, boxing or walls rise above 16th floor	23.3(e)(i)	3.1	0.73	per hour
Multistorey allowance—31st to 45th floor level—where structural or reinforcing steel, boxing or walls rise above 31st floor	23.3(e)(i)	4.8	1.14	per hour
Multistorey allowance—46th to 60th floor level—where structural or reinforcing steel, boxing or walls rise above 46th floor	23.3(e)(i)	6.2	1.47	per hour
Multistorey allowance—61st floor level onward—where structural or reinforcing steel, boxing or walls rise above 61st floor	23.3(e)(i)	7.6	1.80	per hour
Multistorey allowance—service core—work more than 15 metres above main structure	23.3(f)(i)	3.2	0.76	per hour
Multistorey allowance—service core—work above each additional 15 metres	23.3(f)(i)	3.2	0.76	per hour for each additional 15 metres
Laser safety officer allowance	23.4(c)	13.4	3.17	per day or part thereof
Carpenter-diver allowance¹	23.5	4.5	1.07	per hour
General building and construction sector
Computing quantities allowance	23.10(b)(i)	23.3	5.52	per day or part thereof
Scaffolding or rigging certificate allowance	23.10(c)	3.2	0.76	per hour

28. By deleting clause D.5 and inserting the following:

D.5 Minimum Wages

D.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause D.7.1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	347.10	382.20	455.30
Plus 1 year out of school	382.20	455.30	529.90
Plus 2 years out of school	455.30	529.90	616.60
Plus 3 years out of school	529.90	616.60	706.00
Plus 4 years out of school	616.60	706.00
Plus 5 or more years out of school	706.00

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	347.10	382.20	443.00
Plus 1 year out of school	382.20	443.00	509.60
Plus 2 years out of school	443.00	509.60	597.70
Plus 3 years out of school	509.60	597.70	681.70
Plus 4 years out of school	597.70	681.70
Plus 5 or more years out of school	681.70

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	347.10	382.20	443.00
Plus 1 year out of school	382.20	443.00	498.80
Plus 2 years out of school	443.00	498.80	557.30
Plus 3 years out of school	498.80	557.30	620.70
Plus 4 years out of school	557.30	620.70
Plus 5 or more years out of school	620.70

(d) AQF Certificate Level IV traineeships

(i) Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clause D.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per week	per week
	$	$
Wage Level A	733.40	761.80
Wage Level B	707.60	734.60
Wage Level C	643.90	668.20

D.5.2 Minimum wages for part-time traineeships

(a) Wage Level A

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause D.7.1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	11.42	12.59	14.99
Plus 1 year out of school	12.59	14.99	17.45
Plus 2 years out of school	14.99	17.45	20.28
Plus 3 years out of school	17.45	20.28	23.22
Plus 4 years out of school	20.28	23.22
Plus 5 or more years out of school	23.22

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	11.42	12.59	14.59
Plus 1 year out of school	12.59	14.59	16.77
Plus 2 years out of school	14.59	16.77	19.68
Plus 3 years out of school	16.77	19.68	22.45
Plus 4 years out of school	19.68	22.45
Plus 5 or more years out of school	22.45

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	11.42	12.59	14.59
Plus 1 year out of school	12.59	14.59	16.41
Plus 2 years out of school	14.59	16.41	18.33
Plus 3 years out of school	16.41	18.33	20.42
Plus 4 years out of school	18.33	20.42
Plus 5 or more years out of school	20.42

(d) School-based traineeships

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by clause D.7 are as follows when the trainee works ordinary hours:


Year of schooling
Year 11 or lower	Year 12
per hour	per hour
$	$
11.42	12.59

(e) AQF Certificate Level IV traineeships

(i) Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per hour	per hour
	$	$
Wage Level A	24.11	25.06
Wage Level B	23.25	24.15
Wage Level C	21.19	21.99

(f) Calculating the actual minimum wage

(iii) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses D.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(iv) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses D.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.
(v) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses D.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

D.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.

D.5.4 Default wage rate
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by clause D.7 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

B. This determination comes into operation on 1 July 2021. In accordance with s.286(5) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 1 July 2021.

PRESIDENT

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