are set out in a separate Schedule, published periodically by the Council.
Classification of basic rates of pay for operatives:
Skilled Operative Rate . 4
Skilled Operative Rate. 3
Skilled Operative Rate . 2
Skilled Operative Rate. 1
Rates published by the Council are national minimum rates and it is open to
employers to pay higher rates.
Current legislation requires that an Employee is provided with an Itemised Pay
Statement ‘payslip’ in hard copy or by email. Whatever means an Employer
determines the provision is it must not be at any cost to the operative. It is also
accepted that, by agreement, the frequency of payments may be varied e.g.,
fortnightly, every 4 weeks etc.
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
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.
1.2.1 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.
Craft Operatives employed to carry out craft building and/or civil engineering work
are entitled to receive the Craft Operative Basic Rate of Pay.
An apprentice who has entered into a training service agreement is subject to the
same conditions of employment as other operatives employed under the Working
Rule Agreement except as provided in WR.1.4.2 to 1.4.6.
Rates of pay are set out in a separate schedule, published periodically by the
Council. Payment under the scale is due from the date of entry into employment
as an apprentice, whether the apprentice is working on site or undergoing full-time
training on an approved course, subject to the provisions of WR.1.4.3. Payment
under the scale is due from the beginning of the pay week during which the specified
1.4.3 Payment During Off-the-Job Training
Apprentices are entitled to be paid during normal working hours to attend
approved courses off-the-job training in accordance with the requirement of their
apprenticeship. Payment during such attendance shall be at their normal rate of
pay, but the employer may withhold payment for hours during which an apprentice,
without authorisation fails to attend the course.
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
It shall be open to employers and operatives on any job to agree a bonus scheme
based on measured output and productivity for any operation or operations on that
The normal working hours shall be:
| Monday to Thursday | 8 hours per day |
| Friday | 7 hours per day |
| Total | 39 hours per week. |
except for operatives working shifts whose working hours shall continue to be 8
hours per weekday and 40 hours per week.
The expression “normal working hours” means the number of hours prescribed
above for any day (or night) when work is actually undertaken reckoned from the
starting time fixed by the employer.
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.
3.1.2 Daily/Weekly Rest Breaks
Where there are objective or technical reasons concerning the organisation
of work the application of the Working Time Regulations 1998 – Regulations
10(1) Daily Rest Period – 11(1) and 11(2) Weekly Rest Period is excluded.
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.
The employer may require overtime to be worked and the operative may not
unreasonably refuse to work overtime.
Overtime will be calculated on a daily basis, but overtime premium rates will not be
payable until the normal hours (39 hours-WR.3) have been worked in the pay week
unless the short time is authorised by the employer on compassionate or other
grounds or is a certified absence due to sickness or injury.
Note: The number of hours worked in excess of normal hours will be reduced by the
number of hours of unauthorised absence before the overtime premium is calculated.
Overtime shall be calculated as follows:
(a) Monday to Friday:
For the first four hours after completion of the normal working hours of the
day at the rate of time and a half; thereafter at the rate of double time until
starting time the following day.
At the rate of time and a half, until completion of the first four hours, and
thereafter at double time.
At the rate of double time, until starting time on Monday morning.
When an operative is called out after completing the normal working hours of the day
or night, he shall be paid at overtime rates for the additional time worked as if he had
worked continuously. Any intervening period shall count to determine the rate, but
shall not be paid.
Overtime shall be calculated on the normal hourly rate. Additional payments for
occasional skilled work and bonus shall not be included when calculating
In no case shall payment exceed double time.
Operatives are entitled to a daily fare and travel allowance, measured one way from
their home to the job/site. The allowances will be paid in accordance with the table
published periodically by the Construction Industry Joint Council (the Council). There
is no entitlement to allowances under this Rule for operatives who normally report, at
normal starting time, to a fixed establishment, such as the employer’s yard, shop or
permanent depot. The distance travelled will be calculated by reference to WR.5.2.
There is no entitlement under this Rule to allowances for distances less than 9 miles.
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 AA Route Planner or the RAC Route
Planner (or similar) using the post codes of the operative’s home and place of work,
based on the most direct route.
An operative’s home is the address at which the operative is living while employed
on the work to which travelled.
In the event that there is no post code for the operative’s home and/or place of work
the closest post code should be used.
Where the employer provides free transport, the operative shall not be entitled to fare
allowance. However, operatives who travel to the pick up point for transport provided
free by the employer are entitled to fare allowance for that part of the journey, in
accordance with the table.
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.
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.
Shift working means a situation in which more than one shift of not less than eight
hours is worked on a job in a 24-hour period and such shifts do not overlap.
On all work which is carried out on two or more shifts in a 24-hour period the
following provisions shall apply:
The first shift in the week shall be the first shift that ends after midnight on Sunday.
The normal hours of a shift shall be eight hours, excluding meal breaks,
notwithstanding which, the hours to be worked on any particular shift shall be
established by the employer.
The rate payable for the normal hours of the shift shall be the operative’s normal
hourly rate plus, in the case of an operative completing a shift, a shift allowance of
14% of the normal hourly rate.
An operative required to work continuously for over eight hours on a shift or shifts
shall be paid at the rate of time and a half, plus a shift allowance of 14% of his
normal hourly rate, for the first four hours beyond eight hours and thereafter at
double time but such double time payment shall not be enhanced by the 14%
allowance (i.e. the maximum rate in any circumstances shall be double the normal
After having worked five complete shifts in a week an operative shall on the first
shift thereafter be paid at the rate of time and half of normal rate plus 12½% shift
allowance for the first eight hours of the shift and thereafter and on any subsequent
shift in that week at the rate of double time but with no shift allowance.
Where the nature of the work is such as to require an operative to remain at the work
station and remain available for work during mealtimes a shift allowance of 20% shall
apply instead of the 14% or 12½% otherwise referred to in this Rule.
Where the work so requires, an operative shall be responsible for taking over from
and handing over to a work colleague at commencement and on completion of duty
unless otherwise instructed by the employer.
Employers and operatives may agree alternative shift working arrangements and
rates of pay where, at any job or site, flexibility is essential to achieve completion of the work.
Under this Rule the first five complete shifts worked by an operative shall count
as meeting the requirements of the Guaranteed Minimum Weekly Earnings (Rule (WR.17).
The shift 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 Continuous Working,
Night Work or Tunnel Work Rules.
Where work is carried out at night by a separate gang of operatives from those
working during daytime, operatives so working shall be paid at their normal hourly
rate plus an allowance of 25% of the normal hourly rate.
Overtime shall be calculated on the normal hourly rate provided that in no case shall
the total rate exceed double the normal hourly rate. Overtime shall therefore be paid
(a) Monday to Friday:
after completion of the normal working hours at the rate of time and a half
plus the night work allowance (i.e. time and a half plus 25% of normal hourly
rate) for the next four working hours and thereafter at double time.
all hours worked on Saturday or Sunday night at double time until the start of
working hours on Monday.
This Rule does not apply to operatives employed on shift work, tunnel work or
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
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.
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.
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.
The table below shows how hours of overtime are calculated:
Total Hours Worked on Two Tides
Hours in excess of 8 hours
in addition to the 12 hours paid (6 hours
The long-standing custom of the industry whereby tunnel work is normally carried
out by day and by night is reaffirmed. Where shifts are being worked within and in
connection with the construction of tunnels the first period of a shift equivalent to
the normal working hours specified in the Working Hours Rule for that day shall be
deemed to be the ordinary working day. Thereafter the next four working hours shall
be paid at time and a half and thereafter at double time provided that:
(a) In the case of shifts worked on Saturday, the first four hours shall be paid at
time and a half and thereafter at double time.
(b) In the case of shifts worked wholly on Sunday, payment shall be made for all
hours worked at double time .
(c) In the case of shifts commencing on Saturday but continuing into Sunday,
payment shall be made for all hours worked at double time.
(d) In the case of shifts commencing on Sunday but continuing into Monday,
hours worked before midnight shall be paid double time and thereafter
four working hours calculated from midnight shall be at time and a half and
thereafter at double time.
This Rule does not apply to an operative employed under the Continuous Working or
Shift Working Rules.
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.
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.
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.
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.
13.1.4 Call out and Standby
Where an operative is required to be available (standby) for “call out” it is open to the
employer and operatives to agree appropriate working and payment arrangements.
At any time during the period of employment, the operative may, at the discretion of
the employer be transferred from one job to another.
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
(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.
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.
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 payment of subsistence allowance.
An operative necessarily living away from the place in which he normally resides
shall be entitled to a subsistence allowance of an amount specified by the Council.
Subsistence allowance shall not be paid in respect of any day on which an operative
is absent from work except when that absence is due to sickness or industrial injury
and he continues to live in the temporary accommodation and meets the industry
sick pay requirements.
Alternatively, the employer may make suitable arrangements for a sick or injured
operative to return home, the cost of which shall be met in full by the employer.
An operative in receipt of subsistence allowance shall only be entitled to daily
fare and travel allowances under WR.5 between his accommodation and the
job if he satisfies the employer that he is living as near to the job as there is
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.
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.
The convenient centre shall be a railway station, bus station or other similar suitable
place in the area in which the operative normally resides.
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.
There shall be no entitlement to guaranteed minimum weekly earnings where the
employer is unable to provide continuity of work due to industrial action.
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.
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.
17.4.1 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.
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.
For the current (2016) holiday year the annual holiday entitlement remains
unchanged at 21 days of Industry and 8 days of Public/Bank holidays.
From January 2017 the rule becomes:-
The holiday year runs from the 1st January for each year with an annual (52 weeks)
entitlement of 22 days of Industry plus 8 days of Public/Bank holidays. Total paid
holiday entitlement accrues at the rate of 0.577 days per week of service in the
relevant holiday year.
This is an absolute entitlement that cannot be replaced by rolling it up into basic pay,
bonus or any other allowance which would result in the operative not receiving full
holiday pay when taking annual leave.
Under the provisions of the EU Working Time Directive the entitlement to paid
holidays continues to accrue during employment, notwithstanding the operative may
be absent due to sickness or paternity/maternity leave. The duration of accrual being
subject to prevailing legislation.
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.
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.
Payment for annual holidays, which shall be made on the last pay-day preceding the
commencement of each holiday period, shall be made as follows:
18.3.1 Calculation of pay for Annual Holiday
A week’s pay is the average of the previous 12 complete weeks including
overtime in accordance with WR.4, taxable travel allowance in accordance
with WR5.1, Bonus in accordance with WR2 and regular allowances in
accordance with WR’s 6, 7, 8, 9, 10, 11 & 13. Weeks during which the
operative is absent due to sickness are to be excluded.
18.3.2 One day’s pay is calculated by dividing a week’s pay as defined by
WR.18.3.1 by the contractual hours in the normal working week and
multiplying by the contractual hours in the particular day.
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” 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.
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.
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.
(a) England and Wales
Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Monday,
the May Day Bank Holiday, the Spring Bank Holiday, and the Summer
Bank Holiday shall be recognised as public holidays in England and Wales,
provided that such days are generally recognised as holidays in the locality in
which the work is being done.
Christmas Day, Boxing Day, New Year’s Day, Easter Monday, the first
Monday in May, the Friday immediately preceding the Annual Summer Local
Trades Holiday and the Friday and Monday at the Autumn Holiday, as fixed
by the competent Local Authority.
(c) Local Variations
Where, in any locality, any of the above public holidays is generally worked
and another day is recognised instead as a general holiday, such other day
shall be recognised as the alternative holiday.
(d) Alternative Days
When Christmas Day, Boxing Day or New Year’s Day falls on a Saturday or
Sunday an alternative day or days of public holiday will be promulgated. Any
reference in this Rule to Christmas Day, Boxing Day or New Year’s Day shall
be taken to apply to the alternative day so fixed.
Payment for days of public/bank holiday recognised under this Rule shall be made
by the employer to an operative in his employment at the time of each such holiday
on the pay day in respect of the pay week in which such holiday occurs, except that
payment for Christmas, Boxing Day and New Year’s Day shall be made on the last
pay day before the Winter Holiday.
The amount of payment for one day’s pay is calculated by dividing a week’s pay
as defined by either by WR.19.2.1 or 19.2.2 by the contractual hours in the normal
working week and multiplying by the contractual hours in the particular day.
19.2.1 Where the operatives pay does not vary with the amount of work done.
A week’s pay is simply the normal weekly wage for the contractual weekly
hours as defined by the contract of employment, including, where appropriate,
any fixed bonus and regular payments and/or allowances made under WR’s 6,
7, 8, 9, 10, 11 & 13 but excluding overtime in accordance with WR.4.
19.2.2 Where the operative’s pay varies with the amount of work done.
Where earnings vary because of piecework or productivity bonus
arrangements, then a week’s pay is arrived at calculating the earnings
during the normal working week as defined by the contract of employment,
averaged over the 12 complete weeks worked immediately prior to the
holiday week, including, where appropriate, any fixed bonus and regular
payments and/or allowances made under WR’s 2, 6, 7, 8, 9, 10, 11 & 13
but excluding overtime in accordance with WR.4. Weeks during which the
operative is absent due to sickness are to be excluded.
19.3 General Provisions Related to Payment for Public Holidays
An operative who is required to work on a public or bank holiday has the option, by
arrangement with the employer, of an alternative day of holiday as soon thereafter
as its mutually convenient, in which case the payment prescribed by this Rule shall
be made in the respect of such alternative day instead of the public holiday. When
the employment is terminated before such alternative day occurs, the operative shall
receive such payment on the termination of employment.
19.4 Payment for Work on a Public Holiday
All hours worked on a day designated as a public holiday shall be paid for at
Under existing legislation there is an entitlement to statutory sick pay. Any payment
due under this Rule shall be increased by an amount equivalent to any statutory sick
pay that may be payable in respect of the same day of incapacity for work under the
Regulations made under that Act. These are referred to elsewhere in this Rule as
The aggregate amount of SSP plus Industry Sick Pay shall not exceed a normal
week’s pay in accordance with WR.1.
For the purpose of both this Rule and the SSP Regulations, the Qualifying Days that
shall generally apply in the industry are Monday to Friday in each week.
While the Qualifying Days referred to above shall generally be the same five days as
those which form the normal week of guaranteed employment under this Agreement,
it is accepted that there might be certain exceptions, e.g. where the particular
circumstances of the workplace require continuous six or seven day working. In
these situations it is in order, where there is mutual agreement, for other days to be
regarded as Qualifying Days for the purpose of this Rule and SSP.
(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.
(c) After four continuous weeks of employment the operative shall be entitled
to a total of four weeks’ Industry Sick Pay in addition to SSP in respect of
absence that starts after these four weeks.
(d) After 15 continuous weeks of employment the operative shall be entitled to a
total of seven weeks’ Industry Sick Pay (ISP) in addition to SSP (inclusive of
any ISP received in the previous 12 months) in respect of absence that starts
after these 15 weeks.
(e) After 26 continuous weeks of employment the operative shall be entitled to
a total of 10 weeks’ Industry Sick Pay (ISP) in addition to SSP (inclusive of
any ISP received in the previous 12 months) in respect of absence that starts
after these 26 weeks.
(f) This entitlement is based on a rolling 12 month period or single period of
absence, whichever is the longer.
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.
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.
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.
The employer shall be responsible for keeping records of absence and payments
made to operatives under this Rule.
An operative is entitled to and the employer will provide insurance cover for:
(a) Accident injury in accordance with the table opposite as a result of an injury
(or injuries) sustained as a result of an accident at the place of work or an
accident travelling to or from work:
| Claim Type | Entitlement |
| Loss of sight in both eyes | £30,000 |
| Loss of sight in one eye | £12,000 |
| Loss of hearing in one ear | £3,600 |
| Loss of hearing in both ears | £12,000 |
| Loss of hand or foot | £30,000 |
| Loss of arm or leg | £30,000£ |
| Loss of big toe | £1,600 |
| Loss of any other toe | £700 |
| Loss of thumb or index finger | £4,800 |
| Loss of any other finger | £1,000 |
| Total Disablement: | |
| • lasting no less than 12 months | £3,000 |
| • lasting no less than 24 months | £3,000 |
| • that is permanent | £15,000* |
*Less any payment previously made in respect of the total disablement.
(b) Death benefit of £32,500 and provided on a 24/7 basis with cover doubled
to £65,000 if death occurs either at the place of work or travelling to or from
work. Death benefit also covers operatives who have been continuously
absent from any work since the cover ceased for a period of 2 years if
unemployed or 3 years if incapacitated. The death benefit payable reduces
depending on the period of absence.
(c) Employers must provide cover from the first day of employment, which
includes all of the above features. Both Employee Accident Cover and
Employee Life Cover are available from B&CE Holdings Ltd who can be
contacted on 01293 586666.
(d) The above entitlements will be the subject of periodic review.
Under the provisions of the Pensions Act 2011 the government has from October
2012 introduced new, statutory pensions requirements. The new provisions are
being phased in over six years. The largest employers (those employing more than
120,000) were required to comply from October 2012 whereas (those with less than
30 employees) will not be required to comply until 2017 (depending on the employers
PAYE reference number). The precise date at which an employer is required to
comply with the new provisions is known as the “staging date” and the requirement
will be for the employer to automatically enrol all eligible employees into a qualifying
pension scheme with both the employer and employee making at least the minimum
specified contributions. The level of employer and employee contributions are
planned to increase in 2018 and then again in 2019.
As CIJC employers are of various sizes and will therefore have staging dates at
different times it is necessary for the existing CIJC pension scheme arrangements to
be maintained alongside the new arrangements for employers to introduce at their
“staging date”. A fully compliant workplace pension is available from B&CE Holdings
Ltd who can be contacted on 01293 586666.
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.
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
(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.
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:
The operative must write to the employer setting out the details of the grievance or complaint.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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:
Disciplinary action will comprise the following stages unless WR.23.4 is applicable:
(a) a written warning,
(b) a final written warning,
(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.
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.
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.
In exceptional circumstances and if the matter is sufficiently serious, a final written
warning may be issued in the first instance.
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
• serious bullying or harassment,
• serious carelessness resulting in loss or damage – or potential loss
• 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.
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.
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.
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:
After one months’ continuous employment but less than two years
After two years’ continuous employment but less than 12 years
12 years’ continuous employment or more
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.
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.
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.
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.
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.
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.
25.6.1 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
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.
To assist them in carrying out their functions, Shop Stewards will be allowed
reasonable release to attend training courses approved by their trade union.
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.
Meetings of operatives, stewards or convenor stewards may be held during working
hours only with the prior consent of Management.
The CIJC does not condone any form of blacklisting of any worker.
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.
Scaffolders’ employed whole time as such will come under one of the categories
Trainee Scaffolder: an operative who can produce a current, valid CISRS Trainee
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
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.
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.
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.
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:
| Rate | |
| CISRS BASE (Basic Access Systems Erector) | 4 |
| CISRS Trainee | 4 |
| CISRS Scaffolder | Craft Rate |
| One weeks’ notice for each | Craft Rate |
Erecting, adapting and dismantling
Independent, putlog and birdcage scaffolds, static and mobile towers
Beams to form gantries and openings, correctly braced
Scaffolds to form truss out scaffolds
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.
All work in the list of scaffolding operations above
Erecting, adapting or dismantling
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.
The Employers’ and Operatives’ Organisations who are signatories to the Working
Rule Agreement are committed to operating construction sites that provide a working
environment which is both safe and free from hazards for everybody within the
construction industry and for members of the public. All workers, whether operatives
or management, shall comply with the requirements of legislation dealing with health, safety and welfare.
Legislation provides that recognised trade unions may appoint safety representatives
to represent operatives. Provision is also made for the establishment of safety
committees where a formal request, in writing, is made to an employer by a least two
safety representatives who have been appointed in accordance with legislation.
Trade union safety representatives are an appropriate means of consulting with
those workers who are represented by a trade union, however not all workers will be
represented by the appointed person and they need an alternative method of consultation.
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.
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.
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.
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.
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.
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.
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.
Specified Work Establishing Entitlement to the Skilled Operative Pay Rate 4, 3, 2, 1 or Craft Rate
| Basic Rate of Pay |
| BAR BENDERS AND REINFORCEMENT FIXERS |
| Bender and fixer of Concrete Reinforcement capable of reading |
and understanding drawings and bending schedules and able to
as road-form, edge beam or wire
produce high quality finished concrete
including placing, connecting and detonating charges
indicating satisfactory completion of at least one unit of approved
drylining fixing and finishing
Operatives who have successfully completed approved training to the standard of:
in vehicle restraint systems. Team leader, erector, installer and
maintenance of vehicle safety fencing.
restraint systems. Erector, installer and maintenance of vehicle
of traffic management systems.
maintaining and removal of traffic management systems.
appropriate qualification in installation, maintenance and removal
of traffic management systems.
maintenance duties and secondary response. To include, lighting,
structures and other general highways duties.
qualification in incident response. Routine and cyclical
maintenance and incident response.
erection, maintenance and dismantling of Overhead Lines
Transmission Lines on steel towers, concrete or wood poles,3
including all overhead lines construction elements.)
and fully skilled to carry out some of the elements of construction
and a general helper)
and sett paving, flag laying, in natural stone and precast products
maintenance activities and minor repairs
overhauls including welding work, operating metal turning lathe or
similar machine and using electronic diagnostic equipment4
and additional equipment such as blades, hydraulic hammers,
and patch planers)
up to and including 400 litres drum capacity
and up to and including 1,500 litres drum capacity
litres drum capacity
batching concrete mixer up to 2,500 litres drum capacity
placers: concrete placing booms; operator of
mounted on lorry or lorry chassis; driver/operator of
wheels or caterpillar tracks including lorry mounted:
including 10 Tonne; driver of
pay applies except over 10 Tonne where the rate is at the
Tower Cranes (including static or travelling: standard trolley or luffing jib)
Over 2 Tonne up to and including 10 Tonne max. lifting capacity at min. radius; driver of
Over 10 Tonne up to and including 20 Tonne max. lifting capacity at min. radius; driver of
Tonne capacity; driver of
including 20 Tonne capacity; driver o
responsible for fastening or slinging loads and generally to direct
10 Tonne; driver of
up to and including 50 tonne; driver of
Tonne; driver of
and including 50 Tonne; driver of
positioning vehicles during loading or tipping
telehandlers up to and including 3 Tonne lift capacity; driver of
3.5 Tonne but not exceeding 7.5 Tonne and including such a
vehicle drawing a trailer with a mam not over 750kg)
3.5 Tonne and including such a vehicle drawing a trailer with mam
authorised mass over 750kg)
drills, picks and spades, rammers and tamping machines
up to and including 100kW rated engine power; driver of
power; driver of
gross engine power; driver of
electrofusion jointing operations
300 mm diameter
diameter and up to and including 900mm diameter
other tensioning devices engaged in post-tensioning and/or pretensioning
bitumen macadam and surface dressings)
into position of steel-framed buildings and structures
components such as beams, girders and metal decking
timbers of size 250mm by 125mm and above
underground spaces or sinking shafts:
cable and pipe laying
in accordance with verbal instructions and including mechanical
preparation such as cutting and grinding
of the following processes SMAW, GTAW, GMAW for plate-plate
fillet welding in all major welding positions, including mechanical
preparation and complying with fabrication drawings
SMAW, GTAW, semi-automatic MIG or MAG, and FCAW welding
processes including mechanical preparation, and complying with
welding procedures, specifications and fabrication drawings.
SMAW, GTAW, semi-automatic GMAW or MIG or MAG, and FCAW
welding processes in all modes and directions in accordance
with BSEN 287-1 and/or 287-2 Aluminium Fabrications including
mechanical preparation and complying with welding procedures,
specifications and fabrication drawings.
Operatives below 18 years of age will receive payment 60% of the General Operative Basic Rate.
At 18 years of age or over the payment is 100% of the relevant rate.
CONSTRUCTION INDUSTRY JOINT COUNCIL
Joint Secretaries’ Guidance Notes on the Working Rule Agreement of the Construction Industry Joint Council.
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
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
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.
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.
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.
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.
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:
| Normal Hours | Overtime Hours | |
| Monday | 8 | 3 |
| Tuesday | 8 | 3 |
| Wednesday | 8 | 3 |
| Thursday | 8 | - |
| Friday | 8 | |
| Total hours worked | (A) 32 | (B) 9 |
| Normal weekly working hours | (C) 39 | |
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:
| Monday | 8 | 4 |
| Tuesday | 8 | 3 |
| Wednesday | 8 | 5 (1 hour double time) |
| Thursday | 8 | - |
| Friday | 3 and 1/2 | - |
| Saturday | - | 6 (2 hours double time) |
| Total Hours worked | (A) 35 and 1/2 | (B) 18 |
| Normal weekly working hours | (C) 39 | |
| Less total normal hours worked | (B) 35 and 1/2 | |
| Hours required to make up to 39 | (D) 3 and 1/2 | |
| Total overtime hours | (B) 18 | |
| Less | (D) 3 and 1/2 | |
| Hours to be paid at premium rate | (E) 14 and 1/2 | |
| The operative is, therefore, entitled to be paid: | ||
| (A+D) | 39 Hours at “Normal Hourly Rate” | |
| (E) | 141/2 Hours at premium rate (time and a half) | |
| Total | 531/2 Hours | |
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.
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.
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
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
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
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
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.
A majority of the members of the Council on each Side shall constitute a quorum at
any meeting of the Council.
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
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.
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.
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
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
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
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
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
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
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
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
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
*National Federation of Builders NFB
Spectrum House, Suite AF29
Beehive Ring Road
Gatwick, West Sussex RH6 0LG
*Painting & Decorating Association PDA
*Nuneaton, Warwickshire CV11 5TW
Home Builders Federation HBF
HBF House, 1st Floor
27 Broadwall, London SE1 9PL
*Civil Engineering Contractors Association CECA
1 Birdcage Walk, London SW1H 9JJ
*Scottish Building Federation SBF
Crichton’s House, Crichton’s Close
Holyrood, Edinburgh EH8 8DT
* National Federation of Roofing Contractors NFRC
31 Worship Street
London EC2A 2DY
* National Access & Scaffolding Confederation NASC
4th Floor, 12 Bridewell Place
London EC4V 6AP
* National Association of Shopfitters NAS
411 Limpsfield Road
Warlingham, Surrey CR6 9HA
* Build UK (Contractor Members)
6-8 Bonhill Street
London EC2A 4BY
* Union of Construction, Allied Trades and Technicians
177 Abbeville Road, London. SW4 9RL
Unite House, 128 Theobolds Road, London. WC1X 8TN
22-24, Worple Road, London. SW19 4DD
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
| Classification | Basic Pay (pence per hour) | Weekly Rates (based on 39 hours) £ |
| General Operative | (873) | (340.47) |
| Skill Rate 4 | (941) | (366.99) |
| 3 | (996) | (388.44) |
| 2 | (1065) | (415.35) |
| 1 | (1106) | (431.34) |
| Craft Rate | (1161) | (452.79) |
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
Basic Pay (pence per hour)
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:
| Increase pence/mile | ||||
| Miles | Travel (Taxed) | Fare (Not Taxed) | Travel | Fare |
| 9 | 1.02 | 4.30 | ||
| 10 | 1.21 | 4.65 | 0.19 | 0.35 |
| 11 | 1.40 | 5.00 | 0.19 | 0.35 |
| 12 | 1.59 | 5.35 | 0.19 | 0.35 |
| 13 | 1.79 | 5.70 | 0.19 | 0.35 |
| 14 | 1.97 | 6.05 | 0.19 | 0.35 |
| 15 | 2.16 | 6.40 | 0.19 | 0.35 |
| 16 | 2.35 | 6.75 | 0.19 | 0.35 |
| 17 | 2.54 | 7.10 | 0.19 | 0.35 |
| 18 | 2.73 | 7.45 | 0.19 | 0.35 |
| 19 | 2.92 | 7.80 | 0.19 | 0.35 |
| 20 | 3.11 | 8.10 | 0.19 | 0.30 |
| 21 | 3.30 | 8.40 | 0.19 | 0.30 |
| 22 | 3.49 | 8.70 | 0.19 | 0.30 |
| 23 | 3.68 | 9.00 | 0.19 | 0.30 |
| 24 | 3.87 | 9.30 | 0.19 | 0.30 |
| 25 | 4.06 | 9.60 | 0.19 | 0.30 |
| 26 | 4.25 | 9.90 | 0.19 | 0.30 |
| 27 | 4.44 | 10.20 | 0.19 | 0.30 |
| 28 | 4.63 | 10.50 | 0.19 | 0.30 |
| 29 | 4.82 | 10.80 | 0.19 | 0.30 |
| 30 | 5.01 | 11.08 | 0.19 | 0.28 |
| 31 | 5.20 | 11.36 | 0.19 | 0.28 |
| 32 | 5.39 | 11.64 | 0.19 | 0.28 |
| 33 | 5.58 | 11.92 | 0.19 | 0.28 |
| 34 | 5.77 | 12.20 | 0.19 | 0.28 |
| 35 | 5.96 | 12.48 | 0.19 | 0.28 |
| 36 | 6.15 | 12.76 | 0.19 | 0.28 |
| 37 | 6.34 | 13.04 | 0.19 | 0.28 |
| 38 | 6.53 | 13.32 | 0.19 | 0.28 |
| 39 | 6.72 | 13.60 | 0.19 | 0.28 |
| 40 | 6.91 | 13.88 | 0.19 | 0.28 |
| 41 | 7.10 | 14.16 | 0.19 | 0.28 |
| 42 | 7.29 | 14.44 | 0.19 | 0.28 |
| 43 | 7.48 | 14.72 | 0.19 | 0.28 |
| 44 | 7.67 | 15.00 | 0.19 | 0.28 |
| 45 | 7.86 | 15.28 | 0.19 | 0.28 |
| 46 | 8.05 | 15.56 | 0.19 | 0.28 |
| 47 | 8.24 | 15.84 | 0.19 | 0.28 |
| 48 | 8.43 | 16.12 | 0.19 | 0.28 |
| 48 | 8.62 | 16.40 | 0.19 | 0.28 |
| 50 | 8.81 | 16.68 | 0.19 | 0.28 |
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)
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
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
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.