WORKING RULE AGREEMENT FOR THE CONSTRUCTION INDUSTRY - 2016

Construction Industry Joint Council (CIJC)

(Revised 1st August 2016)

Construction Industry Joint Council

Adherent Bodies to the Council

**Employers:

* National Federation of Builders NFB

Spectrum House, Suite AF29

Beehive Ring Road

Gatwick

West Sussex RH6 0LG

03450 578160

* Painting & Decorating Association PDA

32 Coton Road

Nuneaton

Warwickshire CV11 5TW

0247 635 3776

* Home Builders Federation HBF

HBF House, 1st Floor

27 Broadwall

London SE1 9PL

020 7960 1600

* Civil Engineering Contractors Association

CECA

1 Birdcage Walk

London SW1H 9JJ

020 7340 0450

* Scottish Building Federation SBF

Crichton’s House

Crichton’s Close

Holyrood, Edinburgh EH8 8DT

0131 556 8866

* National Federation of Roofing

Contractors NFRC

Roofing House

31 Worship Street

London EC2A 2DY

020 7638 7663

* National Access & Scaffolding

Confederation NASC

4th Floor, 12 Bridewell Place

London EC4V 6AP

020 7822 7400

* National Association of Shopfitters NAS

NAS House

411 Limpsfield Road

Warlingham

Surrey CR6 9HA

01883 624961

* Build UK (Contractor Members)

6-8 Bonhill Street

London EC2A 4BY

0844 2495351

***

**Trades Unions:

* Union of Construction, Allied Trades and Technicians

177 Abbeville Road, London SW4 9RL

020 7622 2442

* Unite

Unite House, 128 Theobolds Road

London WC1X 8TN

020 7611 2500

* GMB

22-24, Worple Road, London SW19 4DD

020 8971 4209

WR.1 ENTITLEMENT TO BASIC RATES OF PAY

1.1 General Operatives

1.1.1 General Operatives employed to carry out general building and/or civil

engineering work are entitled to receive the General Operatives Basic Rate

of Pay.

Payment for Occasional Skilled Work

1.1.2 General Operatives, employed as such, who are required to carry out

building and/or civil engineering work defined in Schedule 1, on an

occasional basis, are entitled to receive the General Operative Basic Rate of

Pay increased to the rate of pay specified in Schedule 1 for the hours they

are engaged to carry out the defined work.

1.2 Skilled Operatives

1.2.1 Skilled Operatives engaged and employed whole time as such, who are

required to carry out skilled building and/or civil engineering work defined

in Schedule 1 on a continuous basis, are entitled to the Basic Rate of Pay

specified in Schedule 1.

1.3 Craft Operatives

Craft Operatives employed to carry out craft building and/or civil engineering work

are entitled to receive the Craft Operative Basic Rate of Pay.

1.4 Conditions of Employment of Apprentices

1.4.1 Conditions

1.4.4 Overtime

The working of overtime by apprentices under 18 years of age shall not be permitted.

Where an apprentice age 18 or over is required to work overtime payment shall be in

accordance with the provisions of WR.4.

1.4.5 Daily Fare and Travel Allowances

The apprentice shall be entitled to fare and travel allowances in accordance with WR.5.

1.4.6 Absence and Sick Pay

The employer must be notified at the earliest practical time during the first day of

any absence and no later than midday. The first seven days may be covered by self

certification. Thereafter absence must be covered by a certificate or certificates given

by a registered medical practitioner. The apprentice shall be entitled to Statutory

Sick Pay (SSP) plus Industry sick pay in accordance with WR.20 save the aggregate

amount of SSP plus Industry sick pay shall not exceed a normal week’s pay in

accordance with WR.1.4.2.

1.4.7 Other Terms and Conditions of Engagement

The apprentice shall be subject to all other provisions and entitlements contained

within the Working Rule Agreement.

Note: Normal hourly rate

The expression ‘normal hourly rate’ in this Agreement means the craft, skilled

operative, general operative or apprentice weekly basic rate of pay as above, divided

by the hours defined in WR.3 “Working Hours”. Additional payments for occasional

skilled work or bonus payments are not taken into account for calculating the “normal

hourly rate”.

WR.2 BONUS

WR.3 WORKING HOURS

3.1 Rest/Meal Breaks

3.1.1 Meal/Refreshment Breaks

At each site or job there shall be a break or breaks for rest and/or

refreshment at times to be set by the employer. The breaks shall aggregate

one hour per day and shall include a meal break of not less than half an hour.

3.2 Average Weekly Working Hours

Where there are objective or technical reasons concerning the organisation of

work, average weekly working hours will be calculated by reference to a 12 month

period subject to the employer complying with the general principles relating to the

protection of health and safety of workers and providing equivalent compensatory

rest periods or, in exceptional cases where it is not possible for objective reasons to

grant such periods, ensuring appropriate protection for the operatives concerned.

WR.4 OVERTIME RATES

WR.5 DAILY FARE AND TRAVEL ALLOWANCES

5.1 Extent of Payment

5.4 Transfer During Working Day

An operative transferred to another place of work during working hours shall, on the

day of the transfer only, be paid any fares actually incurred:

(a) in the transfer, and

(b) in travelling home from the place where he finishes work if this differs from

the place where he reported for work at starting time, subject to deduction of

half the daily fare allowance.

5.5 Emergency Work

An operative called from the home (or temporary place of residence) outside normal

working hours to carry out emergency work shall be paid travelling expenses and his

normal hourly rate for the time spent travelling to and from the job.

WR.6 SHIFT WORKING

6.1

WR.7 NIGHT WORK (see WR 29.1 for definition)

7.1 Night Work Allowance and Overtime

7.2 Health Assessments

Under the terms of this agreement night workers shall be provided with a free

confidential health assessment before starting night work and repeated on a regular

basis. The frequency of repeat assessments will vary between individuals according

to factors such as the type of night work, its duration and the age and health of the

individual worker.

WR.8 CONTINUOUS WORKING

8.1 An operative whose normal duties are such as to require continuous availability for

work during mealtimes and consequently has no regular mealtime, shall be deemed

a “continuous worker” and shall be responsible for taking over from and handing

over to a work colleague at commencement and completion of duty unless otherwise

instructed by the employer.

8.2 Continuous working payment will be calculated as follows:

(a) All times but excluding Saturday 10 p.m. to Sunday 10 p.m.

The rate of pay shall be at the normal hourly rate plus 20% for the number of

hours on duty on the job.

(b) Saturday 10 p.m. to Sunday 10 p.m.

The rate of pay shall be at time and a half plus 20% of the normal hourly rate.

If work between Saturday 10 p.m. to Sunday 10 p.m. is not within the normal

cycle of operations for the particular job, then no continuous working allowance

shall be paid, but the rate pay shall be double the normal hourly rate.

The continuous working allowance shall be regarded as a conditions payment and

shall not be included when calculating overtime payments.

This Rule does not apply to an operative employed under the Night Work, Shift

Working or Tunnel Work Rules.

WR.9 TIDE WORK

9.1

Where work governed by tidal conditions is carried out during part only of the normal

working hours, and an operative is employed on other work for the remainder of the

normal working hours, the normal hourly rate shall be paid during the normal working

hours and thereafter shall be in accordance with the Rule on Overtime Rates.

9.2

Where work governed by tidal conditions necessitates operatives turning out for

each tide and they are not employed on other work, they shall be paid a minimum for

each tide of six hours’ pay at normal hourly rates, provided they do not work more

than eight hours in the two tides. Payment for hours worked beyond a total of eight

on two tides shall be calculated proportionately, i.e. those hours worked in excess

of eight multiplied by the total hours worked and the result divided by eight, to give

the number of hours to be paid in addition to the twelve paid hours (six for each tide)

provided for above.

Work done on Saturday after 4 p.m. and all Sunday shall be paid at the rate of

double time. Operatives shall be guaranteed eight hours at normal hourly rate for

time worked between 4 p.m. and midnight on Saturday and guaranteed 16 hours at

normal hourly rate for two tides worked on Sunday.

The Rule on Overtime Rates does not apply to this paragraph 9.2.

9.3

The table below shows how hours of overtime are calculated:

WR.10 TUNNEL WORK

WR.11 REFUELLING, SERVICING, MAINTENANCE AND REPAIRS

Operators of mechanical plant, such as excavators, cranes, generators, compressors

or concrete mixers shall, if required, work and be paid at their normal hourly rate

for half an hour before and half an hour after the working hours prescribed by the

employer for preparatory or finishing work such as refuelling, oiling, greasing, getting

out, starting up, checking over, cleaning out, parking and securing the machine or equipment.

Refuelling, Servicing, Maintenance and Repair work carried out on Saturday and

Sunday shall be paid in accordance with the Rule on Overtime Rates.

WR.12 STORAGE OF TOOLS

When practicable and reasonable on a site, job, or in a workshop the employer shall

provide an adequate lock-up or lock-up boxes, where the operative’s tools can be

securely stored. The operative shall comply with the employer’s requirements as

regards the storage of tools. At all times an operative shall take good care of his

tools and personal property and act in a responsible manner to ensure their reasonable safety.

The employer shall accept liability for such tools up to a maximum amount specified

by the Council for any loss caused by fire or theft of tools which have been properly

secured by an operative in such lock-up facilities or lock-up boxes. The employer

does not have liability for loss in excess of the specified amount or loss caused other

than by fire or theft.

WR.13 HIGHWAYS MAINTENANCE

Where an operative is engaged in highways maintenance work the requirements of

the job/contract may require that the operatives working arrangements vary from the

normal provisions of this agreement. This may require, by way of example, a 12 hour

working day rotating by day and night.

Such variations should be agreed in advance and the employer should advise the

operative in writing of all such variations within one month.

This rule is designed to clarify how variations maybe approached.

It is open to employers and operatives to agree alternative arrangements,

subject to the principles of WR.13.

13.1 Shift Working

Where an operative is required to work a shift pattern, other than five days each

week, the following entitlements will need to be adjusted.

13.1.1 Statutory and Industry Sick Pay

The qualifying days and waiting days for both SSP and ISP may need to be adjusted

in order not to disadvantage the operative and to take account of the shift pattern being worked.

13.1.2 Payment for Absence

The daily rate of payment for both SSP and ISP, following the first three waiting

days (as per WR13.1.1), shall be based on the weekly entitlement for both SSP

and ISP divided by the number of days the operative would have worked in the

next seven days.

13.1.3 Annual Holiday Entitlement (including Public & Bank)

Where an operative is required to work a shift pattern, other than five days each

week, the annual holiday entitlement and its accrual will need to be adjusted.

Hours, shift patterns and working week need to be taken into account.

WR.14 TRANSFER ARRANGEMENTS

14.1

At any time during the period of employment, the operative may, at the discretion of

the employer be transferred from one job to another.

14.2

The employer shall have the right to transfer an operative to any site within daily

travelling distance of where the operative is living. A site is within daily travelling

distance if:

(a) when transport is provided free by the employer the operative can normally

get from where he is living to the pickup point designated by the employer

within one hour, using public transport if necessary, or

(b) in any other case the operative, by using the available public transport on the

most direct surface route, can normally get to the site within two hours.

14.3

Transfer to a job which requires the operative to live away from home shall be by

mutual consent. The consent shall not be necessary where the operative has been in

receipt of subsistence allowance in accordance with the Subsistence Allowance Rule

from the same employer at any time within the preceding 12 months.

WR.15 SUBSISTENCE ALLOWANCE

WR.16 PERIODIC LEAVE

16.1 Entitlement

When an operative is recruited on the job or site and employment commences on

arrival at the job or site he shall not be entitled to the periodic leave allowances in

this Rule. In other cases, when an operative is recruited or is sent to a job which

necessitates his living away from the place in which he normally resides, he shall be

entitled to payment of his fares or conveyance in transport provided by the employer as follows:

(a) from a convenient centre to the job at commencement.

(b) to the convenient centre and back to the job at the following periodic leave intervals:

(i) for jobs up to 80 miles from the convenient centre (measured utilising

the AA Route Planner or RAC Route Planner (or similar) on the most

direct route) every four weeks.

(ii) for jobs over 80 miles from the convenient centre (measured utilising

the AA Route Planner or RAC Route Planner (or similar) on the most

direct route) at an interval fixed by mutual arrangement between the

employer and the operative before he goes to the job.

(c) from the job to the convenient centre at completion.

16.2 Payment of Fares and Time Travelling

Where an employer does not exercise the option, to provide free transport, the

obligation to pay fares may, at the employer’s option be discharged by the provision

of a free railway or bus ticket or travel voucher or the rail fare.

Payment for the time spent travelling between the convenient centre and the job is as follows:

(a) On commencement of his employment at the job, the time travelling from the

convenient centre to the job, provided that an operative shall not be entitled

to such payment if within one month from the date of commencement of his

employment on the job he discharges himself voluntarily or is discharged for misconduct.

(b) When returning to the job (i.e. one way only) after periodic leave, provided

that he returns to the job at the time specified by the employer and provided

also that an operative shall not be entitled to such payment if, within one

month from the date of his return to the job, he discharges himself voluntarily

or is discharged for misconduct.

(c) On termination of his employment on the job by his employer, the time

spent travelling from the job to the convenient centre, provided that he is not

discharged for misconduct.

(d) Time spent in periodic travelling is not to be reckoned as part of the normal

working hours; periodic travelling time payments shall in all cases be at the

operative’s normal hourly rate to the nearest quarter of an hour and shall not

exceed payment for eight hours per journey.

16.3 Convenient Centre

The convenient centre shall be a railway station, bus station or other similar suitable

place in the area in which the operative normally resides.

WR.17 GUARANTEED MINIMUM WEEKLY EARNINGS

An operative, who has been available for work for the week whether or not work has

been provided by the employer, shall be entitled to guaranteed minimum weekly

earnings based on his normal contractual working hours and guaranteed minimum

hourly rate of pay as defined in WR.1.

17.1 Loss of Guarantee

There shall be no entitlement to guaranteed minimum weekly earnings where the

employer is unable to provide continuity of work due to industrial action.

17.2 Proportional Reduction

Where an operative is absent for part of normal working hours due to certified

sickness or injury or for one or more days of annual or recognised public holiday,

the requirement for the operative to be available for work will be deemed to be met

and the payment of Guaranteed Minimum Weekly Earnings will be proportionately

reduced. The proportionate reduction will not apply where the employer authorises

the absence on compassionate or other grounds.

17.3 Availability for Work

An operative has satisfied the requirements to remain available for work during

normal working hours by complying with the following conditions:

(a) That, unless otherwise instructed by the employer, the operative has reported

for work at the starting time and location prescribed by the employer and has

remained available for work during normal working hours.

(b) Carries out satisfactorily the work for which the operative was engaged or

suitable alternative work if instructed by the employer and

(c) Complies with the instructions of the employer as to when, during normal

working hours, work is to be carried out, interrupted or resumed.

17.4 Temporary Lay-off

17.4.1 Where work is temporarily stopped or is not provided by the employer the

operative may be temporarily laid off. The operative shall, subject to the

provisions of WR.17.4.2, be paid his normal rate of pay for the day on which

he is notified of the lay-off and one fifth of “Guaranteed Minimum Weekly

Earnings” as defined in WR.17 for each of the first five days of temporary

lay-off. While the stoppage of work continues and the operative is prevented

from actually working, the operative will be required by the employer to

register as available for work at the operative’s local job centre.

17.4.2 The payment described in WR.17.4.1 will be made provided that, in the

three months prior to any lay-off, there has not been a previous period or

periods of lay-off in respect of which a guaranteed payment was made for

five consecutive days or five days cumulative, excluding the day or days of

notification of lay-off. In any such case the operative will not be entitled to a

further guaranteed payment until a total of three months has elapsed from

the last day of the period covered by the previous payment. Thereafter and

for so long as the stoppage lasts, the operative shall be entitled to a further

guaranteed payment of up to five days.

17.4.3 The temporary lay-off provisions may only be used when the employer has

a reasonable expectation of being able to provide work within a reasonable time.

In this context, an example of an employer who has a reasonable expectation

to be able to provide work maybe where a tender has been accepted but

commencement has been delayed, where work is temporarily stopped due to

weather conditions or for some other reason outside the employer’s control.

Reasonable time is not legally defined, however, an operative who has been

temporarily laid off for four or more consecutive weeks (excluding the first

week when the operative received full basic pay) or six weeks cumulative in

any 13 week period may resign and claim a redundancy payment.

17.4.4 In no circumstances may the temporary lay-off rule be used where a genuine

redundancy situation exists or to evade statutory obligations.

17.4.5 An operative who is temporarily laid off is entitled to normal payment for the

day of notification of lay-off and one fifth of his guaranteed minimum earnings

for each of the first days of the lay-off subject to the limitations in WR 17.4.2.

17.5 Disputes

A dispute arising under this Agreement concerning guaranteed minimum payment

due may, at the option of the claimant, be referred to ACAS and/or an employment

tribunal in the event of no decision by the Council.

WR.18 ANNUAL HOLIDAYS

18.1 The Winter Holiday

shall be seven working days taken in conjunction with

Christmas Day, Boxing Day and New Year’s Day, to give a Winter Holiday of two

calendar weeks. The Council shall publish the dates of each Winter Holiday. It shall

be open to employers and operatives to agree that all or some of the Winter Holiday

will be taken on alternative dates. Those days of Winter Holiday that fall into the next

calendar year are normally allocated to days of holiday earned in the previous year.

18.2 Other Holidays.

The remaining 15 days of Industry holidays may be taken at any

time by agreement with the employer. An operative requesting to take paid holiday

must give the employer reasonable written notice and, as a minimum, equivalent to

twice the duration of holiday requested (ie. two weeks written notice to take a one

week holiday) and the employer can either accept or reject the request, not later than

the period equivalent to the period of holiday requested.

18.3 Payment for Annual Holidays (22 day’s each full year)

18.4 Leavers

18.4.1 Operatives who leave the employment of the employer during a leave year

are entitled to a compensatory payment calculated as follows:

(A ÷ 52) x 29 - B

Where:

“A” is the number of complete weeks of service in the leave year,

“B” is the number of days’ leave taken by the operative in the leave year

including public/bank holidays.

18.4.2 Where the number of days’ leave taken exceeds the operative’s entitlement

the employer has the right to make a deduction from payments made to

the operative leaving the employment of the employer in respect of any

overpayment of holiday pay. Such deduction will be calculated in accordance with WR.18.6.

18.5 Amount of the compensatory payment

The operative is entitled to a compensatory payment for each day, or part of a day,

of entitlement calculated by reference to the hourly rate of pay under WR.18.4

multiplied by the normal contractual working hours.

18.6 General Provisions related to Holiday

Where employment commences after the start of the leave year the operative will be

entitled to the proportion of the 30 days Holiday equivalent to the proportion of the leave

year calculated from the first week of employment to the last week of the leave year.

An operative has no entitlement to payment for holidays not taken during the holiday

leave year or to carry forward entitlement to holiday from one holiday year to the

subsequent holiday year.

WR.19 PUBLIC HOLIDAYS

19.1 The following are recognised as public holiday for the purpose of this Agreement:

19.2 Payment in Respect of Public/Bank Holidays

WR.20 PAYMENT OF INDUSTRY SICK PAY

20.1 Relationship of Industry Sick Pay with Statutory Sick Pay (SSP)

20.4 Amount and Duration of Payment

(a) An operative who, during employment with an employer is absent from work

on account of sickness or injury shall, subject to satisfying all the conditions

set out in this Rule, be paid the appropriate proportion of a weekly amount

specified by the Council for each Qualifying Day of incapacity for work.

For this purpose, the appropriate proportion due for a day shall be the

weekly rate divided by the number of qualifying days specified under WR.20.3 above.

(b) During the first four continuous weeks of employment with a new employer

the operative shall be entitled to Statutory Sick Pay for absence which the

employer is satisfied is due to genuine sickness or injury.

20.5 Notification of Incapacity for Work

An operative shall not be entitled to payment under this Rule unless, during the first

Qualifying Day in the period of incapacity, the employer is notified that the operative

is unable to work due to sickness or injury and when the incapacity for work started.

Thereafter the operative shall, at intervals not exceeding one week throughout the

whole period of absence, keep the employer informed of his continuing incapacity for

work. Where the employer is notified later than this Rule requires, the employer may

nevertheless make payment under the Rule if satisfied that there was good cause for the delay.

20.6 Certification of Incapacity for Work

The whole period of absence from work shall be covered by a certificate or

certificates of incapacity for work to the satisfaction of the employer. For the first

seven consecutive days of sickness absence, including weekends and public

holidays, a self certificate will suffice for this purpose. Any additional days of the

same period of absence must be covered by a certificate or certificates given by a

registered medical practitioner.

Note: For the purpose of this paragraph a self certificate means a signed statement

made by the operative, in a form that is approved by the employer, that he has been

unable to work due to sickness/injury for the whole period specified in the statement.

20.7 Qualifying Conditions for Payment

An operative shall not be entitled to the payment prescribed in this Rule unless the

following conditions are satisfied:

(a) That incapacity has been notified to the employer in accordance with WR.20.5 above.

(b) That the requirements of WR.20.6 above to supply certificate(s) of incapacity

for work have been complied with.

(c) That the first three Qualifying Days (for which no payment shall be due) have

elapsed in each period of absence - subject to the SSP linking provisions.

(d) That none of the Qualifying Days concerned is a day of annual or

public holiday granted in accordance with the provisions of this Working Rule Agreement.

(e) That the incapacity does not arise directly or indirectly from insurrection

or war, attempted suicide or self-inflicted injury, the operative’s own

misconduct, any gainful occupation outside working hours or participation as

a professional in sports or games.

(f) That the limit of payment has not been reached.

20.8 Record of Absence

The employer shall be responsible for keeping records of absence and payments

made to operatives under this Rule.

WR.21 BENEFIT SCHEMES

21.1 Accident and Death Benefit

21.2 Pension Scheme

21.3 Existing CIJC Pension Scheme Arrangements (prior to the employer’s

“staging date”)

An employer is required to make payment on behalf of an operative of such amount

or amounts as is promulgated from time to time by the relevant parties to this

agreement for the purpose of providing a retirement benefit. Such benefit is an

entitlement under this agreement and the employer should normally make a payment

of such amount to the B&CE EasyBuild Stakeholder Pension scheme. However, if

the operative and the employer shall agree in writing, payment may be made to an

alternative approved pension arrangement. In any event the parties shall not agree

to contribute less than the minimum amounts promulgated.

The current minimum employer contribution is £5.00 per week. Where the operative

makes a contribution of between £5.01 and £10.00 per week the employer shall

increase its contribution to match that of the operative up to a maximum of £10.00

per week. Since 30th June 2008, employers are not required to make any pension

contribution for operatives who decline to make a personal pension contribution of at

least £5.00 per week. Prior to 30th June 2008 members who do not wish to make a

contribution, continue to receive a matching £5.00 per week employer contribution.

21.4 New Pension Scheme Arrangements (effective from the employer’s

“staging date”)

CIJC has nominated The People’s Pension provided by B&CE as the preferred

pension scheme for operatives employed under CIJC terms. An industry wide

scheme is important because of the transient nature of employment and the aim to

reduce the number of pension pots held by individuals. However, CIJC recognises

that it is ultimately for the employer to select a qualifying pension arrangement and

in the event that an employer utilises an alternative to The People’s Pension the

contribution levels and general arrangements in respect of pension provision shall be

no less favorable than the following:

(a) Operatives within the age range 22 up to State Pension Age who earn at

least the auto-enrolment earnings trigger (as defined by Department of Work

and Pensions) to be auto-enrolled. Those who fall outside of this criteria will

be allowed to opt-in if they wish.

(b) The existing £5.00 per week employer contribution to be maintained during

Phase One (from the employers staging date until 5th April 2018) with

employers making a higher level of contribution if required as a result of the

operatives’ level of earnings. Operatives to make a minimum £5.00 per week

contribution during Phase One and a higher level of contribution if required

as a result of the operatives’ level of earnings.

(c) Contribution to be based on Qualifying Earnings as determined by

Department of Work and Pensions.

(d) Operatives who currently receive a £5.00 per week employer contribution

but make no personal contribution and decide to opt-out and therefore do

not make a personal contribution of at least £5.00 per week shall continue to

receive the existing £5.00 per week employer contribution.

(e) Operatives who currently neither receive an employer contribution nor make

a personal contribution and decide to opt-out shall not be eligible to receive

any employer contributions.

(f) Operatives who currently make a personal contribution of between £5.01 and

£10.00 per week and while they continue to do so shall receive a matching

employer contribution.

(g) An operative who has opted-out of the new pension arrangements may, at

any time decide to opt in and providing such operative makes a minimum

£5.00 per week personal contribution will receive an equal matched

contribution from the employer up to a maximum of £10 per week.

(h) An operative may, at any time, decide to increase their personal weekly

contribution from £5.00 up to £10.00 per week in which event such operative

will receive a matching contribution from the employer.

(i) An operative may choose to make a personal contribution of any amount

above £10.00 per week. In such circumstances the employer’s contribution

will be limited to £10.00 per week.

(j) As an objective newly employed eligible operatives should be auto-enrolled

within 6 weeks of commencing employment.

(k) Under the regulations an operative may choose to opt-out or cease

contributing at any time in the future in which case such operative shall not

be entitled to receive any employer contributions.

The above arrangements are intended to be generally superior to the minimum

statutory provisions. However, nothing within the above shall diminish or detract from

the operative’s statutory entitlements.

The above arrangements shall apply during Phase One of the new regulations.

There will be subsequent phases of the new regulations and new arrangements will then apply.

WR.22 GRIEVANCE PROCEDURE

22.1 Procedure

Grievances are concerns, problems or complaints that operatives raise with their

employers. Any issue which may give rise to or has given rise to a grievance

(including issues related to discipline) affecting the employer’s workplace and

operatives employed by that employer at that workplace shall be dealt with in

accordance with the following procedure.

Operatives should aim to resolve most grievances informally with their line manager.

This has advantages for all work places, particularly where there might be a close

working relationship between a manager and operative. It also allows for problems to

be resolved quickly.

If appropriate the employer should give consideration to the use of mediation to

assist in resolving the matter.

If a grievance cannot be settled informally, or the matter is considered sufficiently

serious, the following procedure should be followed:

Step 1

The operative must write to the employer setting out the details of the grievance or complaint.

Step 2

The employer must investigate the allegations detailed in writing by the operative and

arrange a meeting with the operative at the earliest practicable opportunity.

The employer shall arrange a meeting and advise the operative of the right to be

accompanied at the meeting by either a trade union representative or work colleague (WR.22.3).

Where possible, the employer should allow a companion to have a say in the date

and time of the hearing. If the companion cannot attend on a proposed date, the

operative can suggest an alternative time and date so long as it is reasonable and it

is not more than five working days after the original date.

Step 3

Following the meeting the employer shall write to the operative with a decision on

their grievance and notify the operative of the right of appeal against that decision if

the operative is not satisfied with it.

22.2 Appeals

Step 1

If the operative wishes to appeal against the employer’s decision then the operative

must write to the employer within five working days of the operative receiving the

employer’s written decision.

Step 2

The employer shall arrange a meeting at a time, date and place convenient to the

operative and advise the operative of the right to be accompanied at the meeting

by either a trade union representative or work colleague (WR.22.3). As far as is

reasonably practicable the appeal should be with the most senior appropriate

manager/director who has not previously been involved in the matter.

Step 3

Following the meeting the employer shall write to the operative with a decision on the

grievance, which shall be regarded as the final stage of the grievance procedure.

22.3 The Accompanying Person (The Companion)

Accompanying an operative at a grievance hearing is a serious responsibility

and the companion is entitled to a reasonable amount of paid time off to fulfil

this responsibility. The time off should not only cover the hearing but also allow a

reasonable amount of time to become familiar with the case and confer with the

operative before the hearing. The operative must inform the employer in advance of

the hearing of the identity of the proposed companion.

Companions have an important role to play in supporting the operative and should

be allowed to participate as fully as possible in the hearing in order to:

• Put the operative’s case

• Sum up the operative’s case

• Respond on the operative’s behalf to any view expressed at the hearing.

The companion may confer privately with the operative, either in the hearing room or

outside. The companion has no right to answer questions on the operative’s behalf.

22.4 Raising a Grievance

Setting out a grievance in writing is not easy – especially for those operatives whose

first language is not English or have difficulty expressing themselves on paper. In

these circumstances the operative should be encouraged to seek help, for example

from a work colleague or a trade union representative. Under the Disciplinary

Discrimination Act 1995 employers are required to make reasonable adjustments

which may include assisting operatives to formulate a written grievance if they are

unable to do so themselves because of a disability.

22.5 Collective Grievances or Disputes

Any issue which may give rise to or has given rise to a written grievance involving

more than one operative or interpretation of the Working Rule Agreement affecting

the employer’s workplace and operatives employed by the employer at that

workplace shall be dealt with in accordance with the following procedure.

There shall be no stoppage of work, either partial or general, including a go-slow,

strike, lock out or any other kind of disruption or restriction in output or departure

from normal working, in relation to any grievance unless the grievance procedure has

been fully used and exhausted at all levels.

Every effort should be made by all concerned to resolve any issue at the earliest

stage. To assist in the speedy resolution of a collective grievance the matter should

be referred to a steward, if appointed, or a full time trade union representative where

no steward is appointed.

A written record shall be kept of meetings held and conclusions reached or decisions

taken. The appropriate management or trade union representative should indicate

at each stage of the procedure when a response to questions arising is likely to be

given, which should be as quickly as practicable.

Stage 1

If the matter then remains unresolved, and has not already been referred to a

full time trade union representative, the shop steward shall report the matter to

the appropriate full time trade union representative who shall, if he considers it

appropriate, pursue any outstanding issue with the employer or his nominee. The

employer shall be advised in writing of the issue(s).

Stage 2

Failing resolution of the issue at stage 1 and within 28 days or such further period

as may be agreed between the parties, the full time local union representative shall

report the matter up to the appropriate senior full time union representative and to an

appropriate representative of the employer. Such senior trade union representative,

if there are good grounds for so doing, shall pursue the issue with the appropriate

representative of the employer.

Where a collective grievance reaches this stage it would be appropriate for each

party to notify the appropriate CIJC joint secretary of the grievance.

Stage 3

Failing resolution of the issue at stage 2 and within 28 days, or such further period as

may be agreed between the parties, the senior trade union representative concerned

shall, if it is decided to pursue the matter further, put the issue in writing to the

employer and it is the duty of such representative and/or the employer to submit the

matter, as quickly as practicable, to the Council for settlement.

The decisions of the Council shall be accepted and implemented by all concerned.

WR.23 DISCIPLINARY PROCEDURE

It is recognised that, in order to maintain high standards of efficiency, safety, quality

and good morale, the employer has the right to discipline any operative:

• who fails to perform his or her duties and responsibilities competently and in

accordance with the instructions of the employer; and/or

• whose behaviour is unsatisfactory; and/or

• who fails to make appropriate use of the disputes’ procedure for the resolution of

questions arising without recourse to strike or other industrial action.

It is equally recognised that the employer must exercise this right with fairness and care.

Cases of minor misconduct or unsatisfactory performance are usually best dealt with

informally. A quiet word is often all that is required to improve an operative’s conduct

or performance. The informal approach may be particularly helpful in small firms,

where problems can be dealt with quickly and confidentially. There will, however, be

situations where matters are more serious or where an informal approach has been

tried and is not working.

If informal action does not bring about an improvement, or the misconduct or

unsatisfactory performance is considered to be too serious to be classed as minor,

the employer should provide the operative with a clear signal of their dissatisfaction

by taking formal action as follows:-

Note: The employer will not take any disciplinary action before carrying out a full

investigation into the matter for which the disciplinary hearing is to be held.

If appropriate the employer should give consideration to the use of mediation to

assist in resolving the matter.

Where there is cause to take disciplinary action, the employer will give the operative

adequate written notice of the date, time and place of the disciplinary hearing. The notice

must contain details of the complaint against the operative and advise of the right to be

accompanied at the hearing or appeal stage by either a trade union representative or a

work colleague (WR.23.7). Prior to the disciplinary hearing the operative should be given

copies of any documents that will be produced at the hearing.

Where possible, the employer should allow a companion to have a say in the date

and time of the hearing. If the companion cannot attend on a proposed date, the

operative can suggest an alternative time and date so long as it is reasonable and it

is not more than five working days after the original date.

Discipline shall normally be applied in accordance with the following procedure:

23.1 Disciplinary Action and Stages

Disciplinary action will comprise the following stages unless WR.23.4 is applicable:

(a) a written warning,

(b) a final written warning,

(c) dismissal,

(d) following each of the above stages the employer will notify the operative of

the decision in writing including the right of appeal under WR.23.3,

(e) the employer shall deal with disciplinary matters without undue delay,

(f) where an operative has been accompanied at a disciplinary or appeal

hearing by a trade union representative the employer shall provide the

representative or the trade union with a copy of any letter of warning or

dismissal providing the operative gives express permission.

23.2 Duration of Warnings

Warnings will normally be discarded after six months in the case of a written warning

and 12 months in the case of a final written warning.

23.3 Right of Appeal

The operative shall be advised of the right of appeal at every stage of the procedure.

Where the employer’s organisational structure allows, the appeal should be heard

by a senior manager/director of the employer who has not been involved in the

disciplinary procedure. The request for an appeal must be made in writing within five

working days of the date of the disciplinary decision. The employer will inform the

operative of the final decision in writing.

23.4 Serious Misconduct

In exceptional circumstances and if the matter is sufficiently serious, a final written

warning may be issued in the first instance.

23.5 Gross Misconduct

23.5.1 In certain circumstances the conduct may be so serious as to be referred

to as gross misconduct. In such circumstances the first two stages of the

disciplinary procedure, written warning and final written warning, may be

omitted and the operative may be summarily dismissed without notice or

pay in lieu of notice, but only after following a fair disciplinary process in line

with the ACAS Code of Practice. The employer will notify the operative of the

alleged gross misconduct in writing and arrange a disciplinary hearing. Also

the employer will advise the operative of his right to be accompanied at the

disciplinary hearing or appeal stage by either a trade union representative or

a work colleague (WR.23.7).

23.5.2 Set out below is a list, although not exhaustive, of behaviour, which will be

considered by the employer to be gross misconduct:

• being under the influence of alcohol or other stimulants or illicit drugs

during working hours,

• physical violence – actual or threatened,

• violent, disorderly or indecent conduct,

• deliberate damage to property,

• theft, fraud or falsification of company records, documents or time sheets,

• serious breach of confidence (subject to the Public Interest Disclosure legislation)

• removal from company sites or other premises of property belonging to

the company, fellow operative, client, sub-contractor, supplier or other

without the approval of the employer,

• serious breach of the employer’s safety policy, rules or regulations,

• bringing the employer into serious disrepute,

• acts of incitement to or actual acts of discrimination on grounds

of sex, race, religion, belief, colour, ethnic origin, disability, age or

sexual orientation.

• serious bullying or harassment,

• serious carelessness resulting in loss or damage – or potential loss

or damage,

• serious insubordination,

• misuse of the employer’s or client’s property or name.

23.5.3 Summary dismissal means termination of employment without notice or

pay in lieu of notice. In circumstances where a gross misconduct is alleged

to have occurred the operative will be suspended on full pay whilst an

investigation is carried out prior to a disciplinary hearing.

23.6 Shop Stewards

Where it is proposed to take disciplinary action against a duly appointed Shop

Steward, or other trade union official then, before doing so, the employer shall notify

the appropriate full time official of the trade union concerned.

23.7 The Accompanying Person (The Companion)

Accompanying an operative at a disciplinary hearing is a serious responsibility

and the companion is entitled to a reasonable amount of paid time off to fulfil

this responsibility. The time off should not only cover the hearing but also allow a

reasonable amount of time to become familiar with the case and confer with the

operative before the hearing. The operative must inform the employer in advance of

the hearing of the identity of the proposed companion.

Companions have an important role to play in supporting the operative and should

be allowed to participate as fully as possible the hearing in order to:

• Put the operative’s case

• Sum up the operative’s case

• Respond on the operative’s behalf to any view expressed at the hearing.

The companion may confer privately with the operative, either in the hearing room or

outside. The companion has no right to answer questions on the operative’s behalf.

WR.24 TERMINATION OF EMPLOYMENT

24.1 Employer notice to Operative

The employment may be terminated at any time by mutual consent which should

preferably be expressed in writing.

All outstanding wages including holiday pay are to be paid at the expiration of the

period of notice and the employee advised of his entitlement to PAYE certificates or,

in lieu thereof, a written statement that they will be forwarded as soon as possible.

The minimum period of notice of termination of employment that an employer shall

give to an employee is:

24.2 Operative notice to Employer

The minimum period of notice of termination of employment that an employee shall

give an employer is:

(a) During the first month - one day’s notice

(b) After one month’s continuous employment - one week’s notice.

WR.25 TRADE UNIONS

25.1

The Employers’ Organisations recognise the Signatory Trade Unions within the

Construction Industry Joint Council for the purposes of collective bargaining. Both

parties are fully committed to the Working Rule Agreement and strongly urge employers to:

(a) recognise the trade unions who are signatories to the Agreement;

(b) ensure that all operatives are in the direct employment of the company or

its sub contractors and are engaged under the terms and conditions of the

Working Rule Agreement.

25.2 Deduction of Union Subscriptions

When requested by a Signatory Trade Union, employers should provide facilities for the

deduction of union subscriptions (check-off) from the pay of trade union members.

25.3 Full Time Trade Union Official

A full time official of a trade union which is party to the Agreement shall be entitled,

by prior arrangement with the employer’s site manager or other senior representative

in charge and on presenting his credentials, to visit a workplace to carry out trade

union duties and to see that the Working Rule Agreement is being properly observed.

25.4 Trade Union Shop Steward

An operative is eligible for appointment as a Steward on completion of not less than

four weeks’ continuous work in the employment of the employer. Where an operative

has been properly appointed as a Steward in accordance with the rules of his trade

union (being a trade union signatory to the Agreement) and issued with written

credentials by the trade union concerned, the trade union shall notify the employer’s

site manager or other senior representative of the appointment, for formal recognition

by the employer of the Steward. On completion of this procedure the employer

will recognise the Steward, unless the employer has any objection to granting

recognition, in which case he shall immediately notify the trade union with a view to resolving the question.

An employer shall not be required to recognise for the purposes of representation

more than one officially accredited Steward for each trade or trade union at any one site or workplace.

25.5 Convenor Steward

Where it is jointly agreed by the employer and the trade unions, having regard to the

number of operatives employed by the employer at the workplace and/or the size of

the workplace, the recognised trade unions may appoint a Convenor Steward, who

should normally be in the employ of the main contractor from among the Stewards

and such appointment shall be confirmed in writing by the Operatives’ side. On

completion of this procedure the employer will recognise the Convenor Steward,

unless the employer has any objection to granting recognition in which case he shall

immediately notify the trade union with a view to resolving the question.

25.6 Duties and Responsibilities of Stewards and Convenor Stewards.

25.6.1 Duties of the Shop Stewards shall be:

(a) To represent the members of their trade union engaged on the site / factory / depot,

(b) to ensure that the Working Rule Agreement is observed,

(c) to recruit members on the site / factory / depot into a signatory trade union,

(d) to participate in the Grievance Procedure at the appropriate stage under WR.22,

(e) to assist in the resolution of disputes in accordance with the Working

Rule Agreement.

25.6.2 Duties of the Convenor Steward, in addition to those set out in WR.25.6.1, shall be:

(a) to represent the operatives on matters concerning members of more than one trade union,

(b) to co-operate with management and to assist individual Shop Stewards,

(c) to ensure that disputes are resolved by negotiation in accordance with the Working Rule Agreement.

25.6.3 No Steward or Convenor Steward shall leave their place of work to conduct

trade union business without the prior permission of their immediate supervisor.

Such permission should not be unreasonably withheld but should only be given

where such business is urgent and relevant to the site, factory or shop.

25.7 Steward Training

To assist them in carrying out their functions, Shop Stewards will be allowed

reasonable release to attend training courses approved by their trade union.

25.8 Steward Facilities

Management shall give recognised trade union officials and/or convenor stewards

reasonable facilities for exercising their proper duties and functions. These facilities,

which must not be unreasonably withheld, must not be abused. The facilities should

include use of a meeting room, access to a telephone and the use of a notice

board on site. If the Convenor Steward so requests, the employer shall provide him

regularly with the names of operatives newly engaged by that contractor for work on

that site, factory or depot.

25.9 Meetings

Meetings of operatives, stewards or convenor stewards may be held during working

hours only with the prior consent of Management.

25.10 Blacklisting

The CIJC does not condone any form of blacklisting of any worker.

WR.26 SCAFFOLDERS

The following provisions are to be read in conjunction with the provisions of the

Construction Industry Scaffolders Record Scheme (CISRS) General Information

publication. It should be noted that if a scaffolder or trainee scaffolder is not in

possession of a valid CISRS card at the time of engagement, the new employer

should make an application immediately. Any difficulties should be referred to the

Joint Secretaries for action in accordance with the Scheme.

26.1

Scaffolders’ employed whole time as such will come under one of the categories

outlined below:

Trainee Scaffolder: an operative who can produce a current, valid CISRS Trainee

Scaffolder card

Scaffolder: an operative who can produce a current, valid CISRS Scaffolders, card

or a current valid CISRS Basic Scaffolders’ card.

Note: the word Basic has been dropped by the CISRS Scheme. CISRS Cards

issued at this grade since June 2006 will state on both the front and reverse of the

card “CISRS Scaffolder”. CISRS Basic Scaffolder Cards will be recognised until the

expiry date displayed on the card.

Advanced Scaffolder: an operative who can produce a current, valid CISRS

Advanced Scaffolders Card.

Operatives holding expired CISRS Basic or Advanced Scaffolder Cards will be paid

at the Trainee rate (see WR.26.4) until their card is renewed.

CISRS have introduced a new category of card, Basic Access System Erector

(BASE) for non scaffolding operatives. This will allow an operative upon completion

of the appropriate CISRS course to erect some specified simple scaffolding

structures using prefabricated systems scaffold, which will be restricted by height,

structure and work environment. See the CISRS website www.cisrs.org.uk for

further information.

Note: operatives carrying the BASE card are not fully qualified scaffolders and must

not carry out any works in tube and fittings, also they must not carry out any works in

prefabricated systems which exceeds the scope of their training.

26.2

No operative other than a Scaffolder or Advanced Scaffolder as defined above

may be employed on scaffolding operations and no scaffolder other than an

Advanced Scaffolder may be employed on advanced scaffolding operations (see

schedule WR.26.5 and WR.26.6) unless working together with and under the direct

supervision of a qualified CISRS Scaffolder or Advanced Scaffolder.

26.3

The onus of proof of training and experience required under this Rule is on

the operative concerned and the onus on checking the proof submitted is on the employer.

26.4

Scaffolders covered by WR.26.1 are entitled to the Skilled Operative Basic Rate of

Pay 4, 3, 2, 1 or Craft rate as follows:

26.5 Approved list of scaffolding operations

Erecting, adapting and dismantling

Independent, putlog and birdcage scaffolds, static and mobile towers

Beams to form gantries and openings, correctly braced

Hoist frameworks

Protective fans

Stack scaffolds

Roof scaffolds

Scaffolds to form truss out scaffolds

Simple cantilevers

Edge protection

Proprietary systems (see rear of card to verify product training)

Fixing sheeting/netting to scaffold framework

Interpreting simple design layout drawing for scaffolding detailed above

Applying knowledge of relevant Construction Regulation/Legislation/Industry best

practice and guidance relating to operations listed above.

Note: CISRS Scaffolders / CISRS Basic Scaffolders are sufficiently qualified and

deemed competent for onsite supervision for all of the operations listed above.

26.6 Advanced List

All work in the list of scaffolding operations above

Erecting, adapting or dismantling

Suspended scaffolds

Raking or flying shores

Other forms of designed structures e.g. larger truss-outs, cantilevers, lifting

structures, ramps, footbridges, and temporary roofs

Scaffolding or standard props (including all bracing) to form a dead shore including

adjustable bases and fork heads

Scaffolding and proprietary systems (including levelling to within reasonable

tolerances) to support formwork as laid out in engineering scaffold drawings. (See

rear of card to verify product training)

Interpreting scaffold design drawings

Applying knowledge of relevant of Construction Regulation/Legislation/Industry best

practice and guidance relating to operations listed above.

Note: Only CISRS Advanced Scaffolders are sufficiently qualified and deemed

competent for onsite supervision for all of the operations listed above.

WR.27 HEALTH SAFETY AND WELFARE

27.1

27.2 Trade Union Safety Representatives

27.3 Site Induction

Everyone working on site will go through a health and safety induction process

before they are allowed to commence work on site. This induction training will

concentrate on site specific health and safety factors and will be given by appropriate

personnel nominated by the employer.

27.4 Consultation with the Workforce

Employers’ and Operatives’ Organisations wish to create an industry where everyone

is valued, all views are listened to and a safe and healthy working environment is the

norm. Employers are committed to worker consultation on health, safety and welfare

issues. Consultation mechanisms, such as toolbox talks, notice boards and other

appropriate means determined by the employer, will be made known to all workers

on site and details will be included in the construction phase health and safety plan.

WR.28 REFERENCE PERIOD

28.1 For the purpose of compliance with the Working Rule Agreement, statutory

definitions, entitlements and calculations, the reference period shall, subject to the

requirements of WR.3.2 – “Average Weekly Working Hours” - be 12 months and in

accordance with the Working Time Regulations 1998.

WR.29 LENGTH OF NIGHT WORK WR6-10, 13

29.1 Night Worker

A “night worker” is defined as a worker who works at least three hours of his

daily working time between the hours of 11.00 pm and 6.00 am on the majority of days worked.

29.2 Length of Night Work

The parties to this agreement recognise that working patterns occasionally arising

within the construction industry require recognition in order that operations comply

with the Working Time Regulations 1998. In the light of this the parties have

agreed that in accordance with Regulation 23(a) of that act and any amendments

or modifications thereof, the following Regulations are excluded in relation to work

undertaken under the provisions of the above Working Rules:

(a) Regulation 6(1) (eight hour average limit on length of night work);

(b) Regulation 6(2) (application of average eight hour limit to night workers);

(c) Regulation 6(3) (17-week reference period); and

(d) Regulation 6(7) (eight hour absolute limit on the length of night work

in the case of work involving special hazards or heavy physical or mental strain).

Whilst establishing the ability to work night shifts of longer than 8 hours, nothing

in this rule places any obligation on any worker to work a night shift of longer than 8 hours.

WR.30 SUPPLEMENTARY AGREEMENTS

When it is agreed between the employer(s) and operative(s) that at any particular

workplace it would be appropriate to enter into an agreement specifically for that

workplace, any such agreement shall be supplementary to and not in conflict with

this Working Rule Agreement. Where any dispute arises in this respect the Working

Rule Agreement takes precedence.

WR.31 DURATION OF AGREEMENT

This Agreement shall continue in force and the parties to it agree to honour its terms

until the expiration of three calendar months’ notice to withdraw from it, given by

either the Employers’ side or the Operatives’ side.

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SCHEDULE I

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CONSTRUCTION INDUSTRY JOINT COUNCIL

Joint Secretaries’ Guidance Notes on the Working Rule Agreement of the Construction Industry Joint Council.

Introduction

These Guidance Notes, whilst not forming part of the Working Rules, are intended to assist

employers and operatives to understand and implement the Working Rule Agreement.

It is the intent of all parties to this Agreement that operatives employed in the building and

civil engineering industry are engaged under the terms and conditions of the CIJC Working

Rule Agreement.

Requests for definitions, clarification or resolution of disputes in relation to this Agreement

should be addressed to the appropriate adherent body set out on page ii and 54 of this Agreement.

WR.1 Entitlement to Basic Rates of Pay

WR.1 sets out the entitlement to the basic rate of pay, additional payments for skilled work and

occasional skilled work.

There are six basic rates of pay and rates for Apprentices under this Agreement; a General

Operative rate, four rates for Skilled Operatives, a rate for a Craft Operative and rates

for Apprentices.

Payment for Occasional Skilled Work

WR.1.1.2 deals with the payment for occasional skilled work and provides that general

operatives who are required to carry out work defined in Schedule 1 on an occasional basis

should receive an increased rate of pay commensurate with the work they are carrying out for

the period such work is undertaken. This sets out the flexibility to enable enhanced payment to

be made to general operatives undertaking skilled work for a limited amount of time but should

not be used where the operative is engaged whole time on skilled work.

Skilled Operatives

WR.1.2.1 sets out a permanent rate of pay for skilled operatives who are engaged whole time

on the skilled activity and does not permit the operative engaged on whole time skilled work

to have his pay reduced to the general operative basic rate when occasional alternative work is undertaken.

WR.3.2 Average Weekly Working Hours.

Working Rules 3.2 and 7.2 provide, where there are objective or technical reasons, for the

calculation of average weekly working hours by reference to a period of 12 months.

Whilst it is open to employers and employees to agree to work additional hours over the

“normal working hours,” Rule 3.2 does not give the employer the unilateral right to introduce

excessive hours on a job or site. The 12 month averaging period referred to may only be

applied where, for objective reasons, it is necessary to ensure completion of the work

efficiently and effectively or where there are technical reasons that require additional hours to be worked.

Examples of objective and/or technical reasons which may require average weekly working

hours to be calculated using a 12 month reference period are set out below: The list is not

exhaustive and other objective or technical reasons may apply.

Objective Reasons:

Work on infrastructure, roads, bridges, tunnels and tide work etc.

Client requirements for work to be completed within a tightly defined period, work

undertaken for exhibitions, schools, retail outlets, shopfitting and banks etc.

Emergency work, glazing and structural safety etc.

Technical Reasons;

Work requiring a continuous concrete pour, surfacing and coating work, tunnelling etc.

Note: Any disputes regarding the validity of objective and/or technical reasons may be

referred to the National Conciliation Panel of the Construction Industry Joint Council.

WR.4 Overtime Rates.

Where an operative who has worked overtime fails, without authorisation, to be available for

work during normal weekly working hours he may suffer a reduction in or may not be entitled

to premium payments in respect of overtime worked.

To calculate the number of hours paid at premium rate (overtime) you subtract the number

of hours of unauthorised absence from the total number of hours overtime worked. This is in

effect using a part of the hours of overtime worked to make the hours paid at the normal hourly

rate up to 39 hours per week, the balance of overtime is paid at the appropriate premium rate.

Examples

Example 1.

An operative works three hours overtime on Monday. Tuesday and Wednesday, works normal

hours on Thursday and is unavailable for work on Friday due to unauthorised absence. In

these circumstances overtime premia will be calculated as follows:

Example 2.

An operative works four hours overtime on a Monday, three hours on Tuesday five hours (one

hour double time) on a Wednesday, no overtime on either Thursday or Friday and absents

himself from work on Friday at 12.00 noon without authorisation and then works six hours on

Saturday. The calculation would be as follows:

The entitlement to three hours pay at double time is extinguished in this example by the hours

of unauthorised absence. If the number of hours worked at double time exceeds the number of

hours of unauthorised absence the balance must be paid at the rate of double time.

Note: There shall be no reduction in overtime premium payments for operatives who are

absent from work with the permission of the employer or who are absent due to sickness or injury.

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CONSTRUCTION INDUSTRY JOINT COUNCIL

Joint Secretaries’ Note

Special Arrangements for Apprentices

Whereas the CIJC has set out the terms and conditions of employment for apprentices the

parties to the CIJC recognise that special care needs to be taken by the employer when

dealing with apprentices and particularly when dealing with matters such as discipline,

grievance and lay-off.

WR.17.4 Temporary Lay-off

Whereas it is recognised that employers may, from time to time, find it necessary to lay

operatives off on a temporary basis such arrangements should only be used as a very last

resort with regard to apprentices. In particular the employer should give consideration to all

and any measures that might prevent lay-off including secondment or temporary transfer.

WR.22 Grievance Procedure

The parties to the CIJC regard the training of apprentices as a matter to be taken seriously by

both the employer and the apprentice. Employers should recognise that apprentices may find

it difficult to raise issues regarding their employment or training and will generally be reluctant

to complain. Employers should therefore be particularly sensitive with regard to any issues that

are raised by an apprentice and ensure that apprentices are provided with every opportunity to

give feedback to the employer regarding their training etc.

WR.23 Disciplinary Procedure

The parties to the CIJC recognise that the training of an apprentice represents a significant

commitment on the part of the employer both in financial and management terms. Whereas

it is essential that apprentices conduct themselves in a proper manner and apply themselves

diligently to their education and training, employers should take a firm but compassionate

approach when dealing with matters of discipline.

*****

CONSTRUCTION INDUSTRY JOINT COUNCIL

Joint Secretaries’ Note (Revised March 2005)

Towards a Fully Qualified Workforce

Employers and Trade Unions are committed to improving the industry’s safety record. Toward

this end major contractors are insisting that all those employed on their sites hold a current

Construction Skills Certification Scheme CSCS registration card. To be issued with such a

card the operative must have passed a safety awareness test within two years of applying, or

re-applying for a CSCS card. The CSCS card remains valid for five years and for the CSCS

card to be renewed the operative must have passed a further safety awareness test within the

previous two years.

The safety awareness test is taken either at fixed testing centres or mobile units and it is for

the employer to make arrangements for the booking and payment of such tests. The operative

is required to attend and take a test so arranged.

In the event that an operative fails to pass a first safety awareness test the employer should

arrange appropriate coaching/training in order to assist the operative in a re-test.

In the rare circumstances that an operative fails the re-test the employer should investigate

as thoroughly as possible the reasons for the failure and, again, provide coaching/training in

order to assist the operative in achieving the knowledge necessary to pass and the operative

should be offered a third and final opportunity to take the test at the employer’s expense.

Employers who are in scope to CITB may be able to recover the costs for a successfully

completed test by way of grant from the CITB.

Please note that this guidance is under review.

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CONSTRUCTION INDUSTRY JOINT COUNCIL

Joint Secretaries’ Note

Leave in Case of Bereavement

Under employment legislation operatives are entitled to take a reasonable amount of unpaid

time off work to deal with certain unexpected or sudden emergencies and to make any

necessary longer-term arrangements. This entitlement includes time off when a dependant

dies to make funeral arrangements as well as to attend the funeral. The precise amount of

time off will depend on individual circumstances. For instance, if the funeral is overseas then

the employer and operative will need to agree a length of absence which is reasonable in

the circumstances.

Best Practice Guidance for Employers

The parties to the CIJC recognised that dealing with the death of a family member can be

stressful and encourage employers to be sympathetic and helpful to operatives at this most

difficult time. This Joint Secretaries’ Note is intended to give guidance to employers.

As a guide, employers are encouraged to consider payment of basic rate during absence in

respect of bereavement in accordance with the following scale. In the event of the death of

a spouse/partner or child and where the operative has responsibility for dealing with funeral

arrangements up to three days paid leave may be granted. In the event of the death of a

parent or parent of spouse/partner and where the operative has responsibility for funeral

arrangements up to two days may be granted. When an operative is living away from home

in accordance with WR14.3 consideration should be given to granting an additional day of

paid leave. Where the operative attends the funeral of a close relative e.g. brother, sister,

grandparent etc. but does not have responsibility for funeral or other arrangements one day’s

paid leave should normally be granted.

The foregoing is intended to give guidance to employers. Where an employer decides to

adopt an alternative policy it is essential that the employer maintains a consistent and fair

approach. Should a fraudulent claim arise the matter should be dealt with in accordance with

the disciplinary procedure in WR.23.

****

CONSTRUCTION INDUSTRY JOINT COUNCIL

Joint Secretaries’ Note

Occupational Health

The management of occupational health throughout the construction industry can provide

increased productivity and efficiencies via a sustainable and healthy workforce. The

implications of poor or non-existent management of occupational health are far reaching in

terms of personal health and well-being of the operative, quality of delivery, human resource

management and corporate reputation.

Many factors causing occupational health problems are still unchallenged in large parts of the

industry. Occupational health issues often develop over a period of time, since some illnesses

do not manifest immediately and operatives are often diagnosed with occupational health

problems some time after the exposure.

Employers are required to protect the health, safety and welfare of their operatives and they

must fully recognise their responsibilities in this respect. It is therefore recommended that

employers operate a robust occupational health management system to ensure the health and

well-being of the whole workforce.

The primary aim of managing health risks is preventing ill health and prevention must remain

uppermost in the minds of those involved in health risk management. Good management of

health risks should include as a minimum:

• eliminating, or if this is not possible, reducing risks as much as possible

• providing adequate control measures

• providing full information and training about occupational health hazards and risks

• providing suitable, well-fitting, free of charge Personal Protective Equipment

• supporting adequate treatment and rehabilitation, including retraining where necessary, if

an operative has developed an occupational health problem

• providing medical supervision*.

Employers are recommended to provide an appropriate occupational health scheme, for

example through Constructing Better Health (CBH), being a joint industry initiative.

Where an employer recognises an adherent trade union then Safety Representatives should

be fully involved and consulted in all processes concerning occupational health issues,

developments and decisions made in this respect.

The parties to the CIJC recognise that occupational health is of prime importance. It is the

aim of this Joint Secretaries’ Note that every operative benefits from good health, safety and

occupational health systems thereby safeguarding operatives from work related health risks.

* In this process employers must fully abide by data protection rules. No health information must be

handed to non-authorised persons.

*****

CONSTRUCTION INDUSTRY JOINT COUNCIL

CONSTITUTION AND RULES OF PROCEDURE

The Constitution aims, functions and rules of procedure of the Construction Industry Joint

Council shall be as follows:

Rule 1. CONSTITUTION OF THE COUNCIL

1.1 The Council

The Council shall consist of not more than 22 members, including the Joint

Secretaries, one half of whom shall be Employers’ representatives and one half

Operatives’ representatives apportioned among and appointed by the bodies

adherent to the Council in such manner as the respective sides may from time to

time agree.

1.2 Vacancies

Any vacancy shall be filled by the Adherent Body which appointed the member

whose seat has become vacant.

1.3 Substitute Members

Should a member of the Council be unable to attend any meeting of the Council,

a substitute duly appointed by the Body he represents may attend in his/her place

upon notice being given to the appropriate Joint Secretary prior to the meeting.

1.4 Regular Meetings

The Council shall meet three times in each year. The second meeting in each year

shall be the annual meeting.

1.5 Other Meetings

Other meetings of the Council may be held at such times as the Council, or the

Chairman acting on its behalf, may agree.

1.6 Quorum

A majority of the members of the Council on each Side shall constitute a quorum at

any meeting of the Council.

1.7 Voting

The aim of the Council shall be to achieve a consensus, where necessary voting

shall be by show of hands. Any decision to be binding must be carried by a majority

of votes on each Side of those present and voting. The Chairman and the Joint

Secretaries shall each have one vote as members of the Council.

1.8 Notice of Meetings

Not less than 14 days’ notice shall be given of any regular meetings of the Council.

1.9 Agenda, Papers, etc.

The agenda, papers, and all relevant documents shall be circulated to members of

the Council at least seven days prior to the date of the convened meeting.

1.10 Minutes, Notifications.

After each meeting of the Council the Joint Secretaries shall give notice of the

decisions to all concerned as early as possible, and shall prepare and issue the

minutes as soon as possible thereafter.

1.11 Amendments to the Constitution and Working Rules

An Adherent Body may at any regular meeting, propose an amendment to the

Constitution and Rules of the Council or to any of its Agreements. Notice of an

intention to propose such an amendment shall be given in writing to the Joint

Secretaries not less than six weeks prior to the date fixed for the meeting. The notice

must specify precisely the nature of the proposed amendment. On receipt of such

notice(s) the Joint Secretaries shall circulate details of the proposal(s) to all other Adherent Bodies.

1.12 Consideration by the Council

Appropriate notice haven been given, the proposal shall be placed on the agenda for

the next regular meeting of the Council.

1.13 Ratification of Council’s Decision

A decision of the Council made under Rule 1.12 shall be subject to ratification by

a majority of the Employer Adherent Bodies and by a majority of the Operative

Adherent Bodies before taking effect. The value to be attached to the vote of each

Adherent Body is to be proportional to its representation on the Council.

Ratification may be declared at the time when the decision is taken. Otherwise the

decision shall be notified to the Adherent Bodies who shall be allowed four weeks

from the date of notification in which to vote for or against ratification.

When a decision has been ratified the Council shall promulgate the decision and

publish the date of operation. Such a decision shall then become binding upon the Industry.

Should there be a failure to ratify, the Council shall meet as soon as practicable

thereafter to consider what further steps, if any, it can take in the matter.

1.14 Limitations on Re-introduction of Proposals or on Submission of new Proposals

Once an amendment has, after due notice, been proposed at a regular meeting, whatever

the outcome of the proposal may have been and whether a decision of the Council

thereon has or has not been ratified, no further proposal affecting the same provision

in the Council’s Constitution or Working Rules shall be considered by the Council

earlier than the 12 months after the meeting when the original proposal was made.

1.15 Scottish Regional Council

A Scottish Regional Council (SRC) will be established which will comply with Rules

1.1, 1.2 and 1.3. The SRC will be responsible for dealing with Conciliation Panel

hearings for references to disputes, differences or questions in relation to the

building industry in Scotland. SRC Conciliation Panel procedure will comply with the

requirements of Rule 7 and any reference to a Conciliation Panel in Rule 7 shall be

construed as a reference to the SRC Conciliation Panel.

Rule 2. OFFICERS OF THE COUNCIL

2.1 Chairman and Vice Chairman

At each annual meeting the Council shall elect from among its members a Chairman

and Vice-Chairman

2.2 Joint Secretaries

There shall be two Joint Secretaries, one each appointed by the Employers’ and

Operatives’ Sides of the Council. The Joint Secretaries shall be ex-officio members

of all committees of the Council.

2.3 Committees

The Council may at its discretion appoint such Committees as may be appropriate

from time to time to deal with such matters as the Council may refer to them.

Rule 3. FINANCE

The cost of the administration of the Council will be met by the employers’

organisations who are Adherent Bodies to the Council.

Rule 4. MEETINGS, AGENDAS AND CONDUCT OF BUSINESS

4.1 Agenda

The business to be included on an agenda for a meeting of the Council shall be

approved by the Joint Secretaries.

4.2 Matters of Urgency

Once an agenda has been approved and circulated with the notice convening the

meeting no further items of business may be added except in a case where one

or other Side of the Council prior to the meeting gives notice in writing of its wish

to raise, as a matter of urgency, a particular question affecting industrial relations,

specifying in detail the nature of the business it wishes to raise and the reasons for

so doing, when such matter may be added to the agenda.

Rule 5. NATIONAL COLLECTIVE AGREEMENT

The Council shall ensure that wages and terms and conditions of employment of

operatives employed in the Building and Civil Engineering Industry in England,

Scotland and Wales are agreed on a national basis.

Rule 6. AIMS AND FUNCTIONS OF THE COUNCIL

6.1 To agree rates of wages and other emoluments of building and civil

engineering operatives

6.2 To agree terms and conditions of employment for building and civil

engineering operatives and publish them as the Working Rules for the

Building and Civil Engineering Industry.

6.3 To deal with disputes or differences involving or likely to involve any member

or members of an Adherent body to this Agreement in accordance with the

conciliation procedure.

6.4 To consider proposals for, and to make, amendments to the Working Rules.

6.5 At the request of either Side of the Council to consider any industrial or

economic question which has or is likely to have a bearing on industrial

relations in the Building and Civil Engineering Industry.

6.6 Take all reasonably practicable steps to ensure that operatives are employed

under the Working Rule Agreement of the Council.

Rule 7. CONCILIATION PROCEDURE

A dispute or difference that involves or is likely to involve a member or members

of any Adherent Body or any party affiliated to the Council shall be dealt with in

accordance with the Conciliation Procedure. A strike, lock out or other industrial

action shall not be taken by any party to a dispute before the procedure set out in

Rule 7 has been exhausted. The Joint Secretaries may, before a Conciliation Panel

is convened, refer any matter or question to the Council.

Note: Disputes, differences or questions relating to the building industry in Scotland

shall be referred to the Scottish Regional Council (SRC).

7.1 Disputes or differences should, in the first instance, be dealt with under

WR.22 Grievance Procedures of the Working Rule Agreement of the

Council. Where the use of the Grievance Procedure fails to resolve the

dispute or difference the matter may be referred to the Construction Industry

Joint Council.

7.2 All disputes, differences or questions referred to the Construction Industry

Joint Council under 6.3 above of the Council shall immediately be considered

by the Joint Secretaries who, after consultation with their respective

members, shall decide whether the dispute, difference or question shall

be dealt with by administrative action taken by the Joint Secretaries or by

reference to a Conciliation Panel.

7.3 An application to a Conciliation Panel in respect of a dispute, difference

or question shall be made in writing stating the terms of reference of the

application. The Conciliation Panel shall consist of not less than three

representatives from each Side of the Council nominated respectively by the

Employers and Operatives’ Sides of the Council.

7.4 The Joint Secretaries to the Council shall also be Joint Secretaries to the

Conciliation Panel.

7.5 The Conciliation Panel shall have power to call such evidence from the

employers and operatives concerned as it may require.

7.5.1 If, having heard the evidence, the Conciliation Panel is agreed

that the question in dispute is of a general character which affects

employers and operatives generally, the Conciliation Panel may

agree to refer the dispute, difference or question to a full meeting of

the Council.

7.5.2 Where a decision is taken by the Conciliation Panel both parties

to the dispute, difference or question shall be given the decision in

writing and the Joint Secretaries shall prepare a report of the decision

to be presented to the next meeting of Council.

7.5.3 In the event of a failure to agree by the Conciliation Panel the

dispute, difference or question may be referred to the Council by

either party. Such reference to the Council must be made in writing

within 10 working days following the date on which the decision is

notified in writing to the parties.

Rule 8. CONCILIATION PANEL PROCEDURE FOR HEARINGS

The Conciliation Panel shall conduct its business in accordance with the

following procedure:

8.1 Meetings of the Conciliation Panel shall be held in London and shall be

convened by the Joint Secretaries who shall submit the terms of reference.

8.2 All parties to the hearing shall be present, or represented, when a case

is heard except where, after due notice has been given, representatives

or witnesses of one side fail to enter an appearance, in which case the

Conciliation Panel at its discretion may proceed with the hearing or make

such other arrangements as it deems fit and proper in the circumstances.

Due notice for this purpose is seven days. In the absence of both parties

to the dispute and with their agreement, the Conciliation Panel may, at

their discretion, base their findings on written representations. In normal

circumstances, oral evidence shall not be given before the Conciliation Panel

unless a representative of each of the parties to the dispute is present.

8.3 The Conciliation Panel shall at each hearing appoint a Chairman from

amongst those present. The Chairman should be elected alternately from the

Employers’ and Operatives’ Sides. The Chairman shall not forfeit his right to

vote as a member of his side of the Panel.

8.4 The hearing shall start with a statement of case by the representative of the

appellant party who may call not more than two supporting witnesses. No

statement of case shall exceed 20 minutes in duration, and no witness shall

speak for more than 10 minutes. Representatives and witnesses may be

questioned by the Panel and by the representatives of the other parties on

questions of fact brought out in their statements. Representatives of other

parties to the case shall then be entitled similarly to make statements and call

not more than two supporting witnesses, who may be similarly questioned on

the evidence they have given.

8.5 The representative of each party shall be entitled to make a concluding

statement of not more than 5 minutes duration.

8.6 The evidence shall be confined to those matters which are within the

personal knowledge of the representatives and witnesses. Hearsay evidence

shall be inadmissible.

8.7 When the case has been presented the parties, representatives and

witnesses shall withdraw, and no further evidence shall be heard or

information communicated except at the request of the Conciliation Panel.

8.8 Should either side of the Conciliation Panel desire to retire for private

consultation it shall be allowed to do so.

8.9 Notice of the Sub-committee’s decision upon any dispute, difference or

question shall be given to the parties to the dispute by letter signed by the

Joint Secretaries, the Secretary of each section being responsible for issuing

such notices to all interested parties on their side of the industry.

8.10 A copy of the decision and minutes of the hearing shall be circulated to all

members of the Panel and reported to the Council at its next meeting.

8.11 The decision of the Panel shall be by a majority of votes of the members of

their respective sides of the Panel.

Rule 9. STATEMENT OF INTENT

Parties to this agreement accept its terms and provisions as binding and they

undertake to take all such steps as are reasonably practicable to see that it is

observed by their members.

CONSTRUCTION INDUSTRY JOINT COUNCIL

Agreement

The Employers’ Organisations and Trades Unions who are signatories to the Constitution and

Rules of Procedure of the Construction Industry Joint Council agree to accept its terms and

conditions as binding and to take all reasonably practicable steps to see that it is observed by

their members.

**Employers:

*National Federation of Builders NFB

Spectrum House, Suite AF29

Beehive Ring Road

Gatwick, West Sussex RH6 0LG

03450 578160

*Painting & Decorating Association PDA

32 Coton Road

*Nuneaton, Warwickshire CV11 5TW

0247 635 3776

Home Builders Federation HBF

HBF House, 1st Floor

27 Broadwall, London SE1 9PL

020 7960 1600

*Civil Engineering Contractors Association CECA

1 Birdcage Walk, London SW1H 9JJ

020 7340 0450

*Scottish Building Federation SBF

Crichton’s House, Crichton’s Close

Holyrood, Edinburgh EH8 8DT

0131 556 8866

* National Federation of Roofing Contractors NFRC

Roofing House

31 Worship Street

London EC2A 2DY

020 7638 7663

* National Access & Scaffolding Confederation NASC

4th Floor, 12 Bridewell Place

London EC4V 6AP

020 7822 7400

* National Association of Shopfitters NAS

NAS House

411 Limpsfield Road

Warlingham, Surrey CR6 9HA

01883 624961

* Build UK (Contractor Members)

6-8 Bonhill Street

London EC2A 4BY

0844 2495351

** Trades Unions:

* Union of Construction, Allied Trades and Technicians

177 Abbeville Road, London. SW4 9RL

020 7622 2442

* Unite

Unite House, 128 Theobolds Road, London. WC1X 8TN

020 7611 2500

* GMB

22-24, Worple Road, London. SW19 4DD

020 8971 4209

******

ADDENDUM

CONSTRUCTION INDUSTRY JOINT COUNCIL (CIJC)

RESOLUTION AND PROMULGATION

WORKING RULE AGREEMENT

Wednesday 22nd June 2016

Following negotiations between the parties to the Construction Industry Joint Council, the

Council has adopted recommendations for a two year agreement on pay and other conditions

and thereby settles all outstanding claims.

With effect from Monday 25th July 2016 the following basic pay rates will apply. Dispensation for

the non taxed lodging and fare allowances has been granted by HMRC effective 1st August 2016.

WR.1 ENTITLEMENT TO BASIC RATES OF PAY

These rates are agreed and promulgated on the basis that any increase shall not be reduced

by any adjustment in existing contractual bonus schemes.

WR 1.4.2 Apprentice Rates

APPRENTICES and the NATIONAL MINIMUM & LIVING WAGE

Employers should note that if an apprentice is in the second or final year of training and aged

between21 and 24 then the National Minimum Wage must apply. For apprentices aged 25 and

over and in the second or final year of training the National Living Wage must apply. These are

enforceable by HMRC.

Currently the National Minimum Wage for someone aged 21 to 24 is £6.70 per hour and will

increase to £6.95 per hour from 1st October 2016.

The National Living Wage for someone aged 25 and over is currently £7.20 per hour and will

increase from 1st April 2017.

WR.5 DAILY FARE AND TRAVEL ALLOWANCES. (effective 1st August 2016).

The scale for calculating allowances has been re-calibrated from kilometres to miles as follows:

Having due regard for health and safety an operative may be required to travel distances

beyond the published scale. In which case payment for each additional mile should be made

based on the difference between the rate for the 49th and 50th mile.

All distances shall be measured utilising the RAC Route Planner/AA Route Planner (or similar)

using the post codes of the operative’s home address and place of work, based on the most

direct route. (WR.5.2).

WR.12 STORAGE OF TOOLS

Employers’ maximum liability is £750.00 pa.

WR.15 SUBSISTENCE ALLOWANCE (effective 1st August 2016)

£36.00 per night

WR.20 SICK PAY

WR.20.4 Amount of Payment (Effective 25th July 2016)

Industry sick pay to increase to £118.00 per week.

WR.21 BENEFIT SCHEMES (effective 1st August 2016)

WR.21.1 Death benefit is £32,500 and doubled to £65,000 if death occurs either at work or

travelling to or from work. Such benefit is normally provided through the B&CE Group.

With effect from Monday 26th June 2017 the following basic pay rates and allowances will apply.

WR.1 ENTITLEMENT TO BASIC RATES OF PAY

WR 1.4.2 Apprentice Rates

WR.5 DAILY FARE AND TRAVEL ALLOWANCES

The taxed daily travel allowance will increase by 2.75% in line with the increase

in basic pay rates. The non taxed fare allowance will (subject to HMRC approval)

increase by the RPI for the 12 month period to March 2017.

New fare & travel allowance scales will be promulgated in May 2017.

WR.12 STORAGE OF TOOLS

Employers’ maximum liability £750.00 pa.

WR.15 SUBSISTENCE ALLOWANCE

Subject to HMRC approval, the £36.00 per night allowance will be increased by the

RPI for the 12 month period to March 2017 and a new allowance will be promulgated

in May 2017.

WR.20 SICK PAY

WR.20.4 Amount of Payment

Industry sick pay will increase to £122.50 per week.

WR.21 BENEFIT SCHEMES

WR.21.1 Death benefit is £32,500 and doubled to £65,000 if death occurs either

at work or travelling to or from work. Such benefit is normally provided through the

B&CE Group.

PERIOD OF SETTLEMENT

The Employers shall not be required to consider any application for a change in the

Operatives’ pay and conditions, which would have effect before Monday 25th June 2018.

* B RYE

Operatives’ Secretary

* G C LEAN

Employers’ Secretary

22nd June 2016