Electrical, Electronic and Communications Contracting Award

Coverage problems usually start when a business treats all of its operations as contracting work. This award is broad, but it does have real boundaries.

• Confirm that the business is providing covered electrical, electronic or communications contracting services.
• If the business has a manufacturing or vendor division, do not assume the contracting award covers that part of the business as well.
• Where the employer is covered by more than one award, the employee must be matched to the award classification most appropriate to the work performed and the environment in which it is performed.

The right hourly rate depends on the right grade, and the right grade depends on actual duties, skill use and qualifications.

• Classification is tied to the Schedule A grade definitions, not just to job titles.
• Where the employee has the relevant qualification for a level and will exercise the skills and knowledge gained from that qualification, the employee must be classified appropriately.
• The grade structure ranges from labouring and trades assistant work up to trade-qualified and higher level technical work, so classification should be reviewed whenever duties or responsibility change.

Part-time settings, casual call-ins and apprentice compliance all need to be built into contracts and payroll settings from the start.

• Part-time employees work a constant number of hours for less than 38 per week and must be told their ordinary hours and start and finish times on engagement.
• Casual employees receive the casual loading, remain subject to overtime and shift allowance rules, and must receive at least 2 consecutive hours on each attendance.
• Apprentices remain subject to the relevant State or Territory apprenticeship framework unless it is inconsistent with the award, and the award says an employer must not employ an unapprenticed junior in a covered trade or occupation subject to appropriate State legislation.

The award gives employers several hours models, but each one has conditions. A long shift or altered spread should never be assumed to be valid just because it is common on site.

• Ordinary day worker hours may be worked Monday to Friday, inclusive.
• The ordinary spread for day workers is 6.00 am to 6.00 pm, and changing starting times, finishing times or the spread requires the agreement path in clause 13.3.
• The 38 hour week can be averaged over work cycles of 7, 14, 21 or 28 consecutive days.
• Twelve hour ordinary shifts are only available by agreement with the majority of employees concerned and only if health monitoring, suitable rostering and proper supervision are in place.

Rostered days off are an administrative trap. The notice rule and the public holiday rule have to be reflected in the roster before the cycle starts.

• The 38 hour week must be implemented through one of the permitted methods in clause 13.7.
• Employees entitled to a rostered day off must be given at least 4 weeks notice of the weekday to be taken off.
• A rostered day off must not coincide with a public holiday, and any substitution should be handled within the award rules.

Allowance structure and overtime minimums materially change pay outcomes under this award. Payroll needs separate rules for all-purpose allowances and for weekend or public holiday call-ins.

• The all-purpose rate includes the minimum rate plus the industry allowance and, where applicable, the tool, electrician's licence, leading hand, nominee, electrical distribution line maintenance and tree clearing, and materials-ordering allowances listed in the award.
• All-purpose allowances flow into overtime, paid leave, public holidays and termination calculations, while special allowances are not cumulative and do not attract penalty additions.
• Overtime outside ordinary hours is paid at overtime rates, and overtime on a Saturday, Sunday, rostered day off or public holiday has a minimum payment of 4 hours at the appropriate overtime rate.

PR799280, PR799306, PR799463

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 16 - Minimum rates and Classifications, 18 - Allowances, 20 - Overtime and penalty rates, Schedule B - Summary of Hourly Rates of Pay, Schedule C - Summary of Monetary Allowances, Schedule E - Supported Wage System