The Building and Construction General On-site Award 2010 is an industry award that applies to national system employers, and their employees, throughout Australia who are in the on-site building, engineering and civil construction industry in the classifications within Schedule B of the award.
For these employers and employees, this award applies to the exclusion of any other modern award. As this industry is so broad, with a considerable number of sectors and job types, it is useful to identify those who will fall outside of the Building and Construction General On-site Award 2010.
Employees covered by the following awards will not be covered by the Building and Construction General On-site Award 2010:
- Electrical, Electronic and Communications Contracting Award 2010
- Plumbing and Fire Sprinklers Award 2010
- Manufacturing and Associated Industries and Occupations Award 2010
- Joinery and Building Trades Award 2010
- Black Coal Mining Industry Award 2010
- Mining Industry Award 2010
- Quarrying Award 2010
- Premixed Concrete Award 2010
Types of work to which the Building and Construction General On-site Award 2010 applies
The award applies to on-site building, engineering and civil construction industry employers and employees. This means those within the industry of general building and construction, civil construction, and metal and engineering construction, in all cases undertaken on site.
The Building and Construction General On-site Award 2010 defines the building, engineering and civil construction industry in three units:
- General building and construction.
- Civil construction.
- Metal and engineering construction.
The works associated with these three units respectively include:
1. General building and construction
- Construction, alteration, extension, restoration, repair, demolition or dismantling of buildings of structures or works undertaken by employees of employers under the award.
- Maintenance of such structures undertaken by employees in onsite building engineering and civil construction.
- Site clearance, earth-moving, excavation, site restoration, landscaping and the provision of car parks and other access works associated with the above works.
- Installation of fittings and services in any building, structure or works.
2. Civil construction
- Construction, repair, maintenance or demolition of:
- civil and/or mechanical engineering projects
- power transmission, light, television, radio, communication, radar, navigation, observation towers or structures
- power houses, chemical plants, hydrocarbons and/or oil treatment plants or refineries
- sports and/or entertainment complexes.
- 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.
- Pre-fabrication and installation of geomembranes, geotextiles and appurtenances.
- Carparks (excepting car park buildings and car parks within the alignment of a building).
- Railways, formworks, roads, freeways, causeways, aerodromes, drains, dams, weirs, bridges, overpasses, underpasses, channels, waterworks, pipe tracks, tunnels, water and sewerage works, conduits and all concrete works and preparations incidental thereto.
- Any of the following when undertaken or carried out on a construction site or in connection with civil construction work:
- Dredging or sluicing work.
- Traffic management.
- Construction and/or establishment of landscape gardens (but this award does not apply to the maintenance or horticultural establishment work that may take place at completion of a project or contract of works).
- Batch plant and pre-cast yards at a construction site.
- Catering and cleaning.
3. Metal and engineering construction
- Metal trades work performed in the work of construction, fabrication, erection and/or installation, carried out at a construction site specifically established for the purposes of constructing, fabricating, erecting and/or installing any of the following:
- Power stations, oil refineries, terminals and depots, chemical, petro-chemical and hydrocarbon plants, and plant facilities and equipment.
- Major industrial and commercial undertakings and associated plant, plant facilities and equipment.
- Plant, plant facilities and equipment in connection with the extraction, refining and/or treatment of minerals and chemicals.
- Transmission and similar towers, transmission lines and associated plant, plant facilities and equipment.
- Lifts and escalators associated with metal and engineering construction work.
- Facilities and equipment in other engineering projects.
- 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 construction work.
The Building and Construction General On-site Award 2010 contains an industry-specific redundancy clause that is unique to the building and construction industry.
The Award defines ‘redundancy’ as a situation where an employee ceases to be employed by an employer to whom this award applies, other than for reasons of misconduct or refusal of duty.
The redundancy provision is triggered where either of the following occurs:
- A construction employee is made redundant by their employer.
- An employee resigns after having been employed for 12 months or more.
Where an award has an industry-specific redundancy provision, the redundancy pay provisions of the Fair Work Act 2009 do not apply.
Unlike the provisions of the Fair Work Act 2009, the Building and Construction General On-site Award 2010 does not contain an exemption for small business employers.
Example: the industry-specific redundancy provision
Amelia has worked for her employer for three years and the Building and Construction General On-site Award 2010 applies to her employment contract. Amelia decides to go back to university and resigns. As this award has an industry-specific redundancy provision, she is entitled to redundancy even though she terminated her own employment.