Common use of Civil Liability - Engineering Professionals Clause in Contracts

Civil Liability - Engineering Professionals. (a) Subject to this clause, engineering professionals directly involved in the application of engineering principles to the asset management of the employer’s assets that give rise to liability under the Civil Liability Act 2002 (NSW) shall be paid a 3.5% allowance in addition to the weekly salary system rate of pay. (b) This allowance was introduced to ensure that engineering professionals whose work value had changed in response to the Civil Liability Act 2002 (NSW) are paid for that change in work value. This allowance applies to functional management positions as well as engineering professionals working in asset management at the operational level. (c) This allowance is not payable where such responsibilities and the exercise of such skills have been specifically and demonstrably paid for in accordance with the salary system established by the employer. (d) Direct involvement in the application of engineering principles to the management of the employer’s assets includes: • the planning for; • designing; • maintenance; • replacing; • rehabilitation; or • disposing of the employer’s assets which may give rise to liability under the Civil Liability Act 2002 (NSW). (e) To qualify for the payment of this allowance the position in question must be evaluated in accordance with the skill descriptors for Professional/Specialist Band 3 or Executive Band 4 of the Award. (f) The parties to the Award acknowledge that implementation of this allowance has been guided by the Joint Statement on the Implementation of the Civil Liability Allowance issued by the parties in October 2007. The parties remain committed to this document as a guide for the application of the allowance. (g) From 1 January 2015, claims for the payment of the civil liability allowance under this clause shall be made within 30 days of the work being performed, and any claims for back-payment of the civil liability allowance shall be limited to the date on which the employee made the claim. This sub clause does not apply where it can be demonstrated that the employer incorrectly made representations to an employee that the civil liability allowance had already been paid for in accordance with their rate of pay and/or the salary system established by the employer. (h) This clause shall not be construed so as to require the reduction or alteration of more advantageous benefits or conditions under any arrangements existing at the date the Award was varied to give effect to this clause.

Civil Liability - Engineering Professionals. (a) Subject to this clause, engineering professionals directly involved in the application of engineering principles to the asset management of the employer’s assets that give rise to liability under the Civil Liability Act 2002 (NSWNSW ) shall be paid a 3.5% allowance in addition to the weekly salary system rate of pay. (b) This allowance was introduced to ensure that engineering professionals whose work value had changed in response to the Civil Liability Act 2002 (NSWNSW ) are paid for that change in work value. This allowance applies to functional management positions as well as engineering professionals working in asset management at the operational level. (c) This allowance is not payable where such responsibilities and the exercise of such skills have been specifically and demonstrably paid for in accordance with the salary system established by the employer. (d) Direct involvement in the application of engineering principles to the management of the employer’s assets includes: • the planning for; • designing; • maintenance; • replacing; • rehabilitation; or • disposing of the employer’s assets which may give rise to liability under the Civil Liability Act 2002 (NSW). (e) To qualify for the payment of this allowance the position in question must be evaluated in accordance with the skill descriptors for Professional/Specialist Band 3 or Executive Band 4 of the Award. (f) The parties to the Award acknowledge that implementation of this allowance has been guided by the Joint Statement on the Implementation of the Civil Liability Allowance issued by the parties in October 2007. The parties remain committed to this document as a guide for the application of the allowance. (g) From 1 January 2015, claims for the payment of the civil liability allowance under this clause shall be made within 30 days of the work being performed, and any claims for back-payment of the civil liability allowance shall be limited to the date on which the employee made the claim. This sub clause does not apply where it can be demonstrated that the employer incorrectly made representations to an employee that the civil liability allowance had already been paid for in accordance with their rate of pay and/or the salary system established by the employer. (h) This clause shall not be construed so as to require the reduction or alteration of more advantageous benefits or conditions under any arrangements existing at the date the Award was varied to give effect to this clause.. Schedule 4.5: Attachment - Accreditation of employees as Chartered Professional Engineers & Accreditation of employees by the Building Professionals Board - Local Government (State) Award 2017

Civil Liability - Engineering Professionals. (a) Subject to this clause, engineering professionals directly involved in the application of engineering principles to the asset management of the employer’s assets that give rise to liability under the Civil Liability Act 2002 (NSW) shall be paid a 3.5% allowance in addition to the weekly salary system rate of pay. (b) This allowance was introduced to ensure that engineering professionals whose work value had changed in response to the Civil Liability Act 2002 (NSW) are paid for that change in work value. This allowance applies to functional management positions as well as engineering professionals working in asset management at the operational level. (c) This allowance is not payable where such responsibilities and the exercise of such skills have been specifically and demonstrably paid for in accordance with the salary system established by the employer. (d) Direct involvement in the application of engineering principles to the management of the employer’s assets includes: •  the planning for; •  designing; •  maintenance; •  replacing; •  rehabilitation; or •  disposing of the employer’s assets which may give rise to liability under the Civil Liability Act 2002 (NSW). (e) To qualify for the payment of this allowance the position in question must be evaluated in accordance with the skill descriptors for Professional/Specialist Band 3 or Executive Band 4 of the Award. (f) The parties to the Award acknowledge that implementation of this allowance has been guided by the Joint Statement on the Implementation of the Civil Liability Allowance issued by the parties in October 2007. The parties remain committed to this document as a guide for the application of the allowance. (g) From 1 January 2015, claims for the payment of the civil liability allowance under this clause shall be made within 30 days of the work being performed, and any claims for back-payment of the civil liability allowance shall be limited to the date on which the employee made the claim. This sub clause does not apply where it can be demonstrated that the employer incorrectly made representations to an employee that the civil liability allowance had already been paid for in accordance with their rate of pay and/or the salary system established by the employer. (h) This clause shall not be construed so as to require the reduction or alteration of more advantageous benefits or conditions under any arrangements existing at the date the Award was varied to give effect to this clause.

Civil Liability - Engineering Professionals. (a) Subject to this clause, engineering professionals directly involved in the application of engineering principles to the asset management of the employer’s assets that give rise to liability under the Civil Liability Act 2002 (NSW) shall be paid a 3.5% allowance in addition to the weekly salary system rate of pay. (b) This allowance was introduced to ensure that engineering professionals whose work value had changed in response to the Civil Liability Act 2002 (NSW) are paid for that change in work value. This allowance applies to functional management positions as well as engineering professionals working in asset management at the operational level. (c) This allowance is not payable where such responsibilities and the exercise of such skills have been specifically and demonstrably paid for in accordance with the salary system established by the employer. (d) Direct involvement in the application of engineering principles to the management of the employer’s assets includes: • the planning for; • designing; • maintenance; • replacing; • rehabilitation; or • disposing of the employer’s assets which may give rise to liability under the Civil Liability Act 2002 (NSW). (e) To qualify for the payment of this allowance the position in question must be evaluated in accordance with the skill descriptors for Professional/Professional/ Specialist Band 3 or Executive Band 4 of the Award. (f) The parties to the Award acknowledge that implementation of this allowance has been guided by the Joint Statement on the Implementation of the Civil Liability Allowance issued by the parties in October 2007. The parties remain committed to this document as a guide for the application of the allowance. (g) From 1 January 1January 2015, claims for the payment of the civil liability allowance under this clause shall be made within 30 days of the work being performed, and any claims for back-back- payment of the civil liability allowance shall be limited to the date on which the employee made the claim. This sub clause does not apply where it can be demonstrated that the employer incorrectly made representations to an employee that the civil liability allowance had already been paid for in accordance with their rate of pay and/or and/ or the salary system established by the employer. (h) This clause shall not be construed so as to require the reduction or alteration of more advantageous benefits or conditions under any arrangements existing at the date the Award was varied to give effect to this clause.

Civil Liability - Engineering Professionals. (a) Subject to this clause, engineering professionals directly involved in the application of engineering principles to the asset management of the employer’s assets that give rise to liability under the Civil Liability Act 2002 (NSW) shall be paid a 3.5% allowance in addition to the weekly salary system rate of pay. (b) This allowance was introduced to ensure that engineering professionals whose work value had changed in response to the Civil Liability Act 2002 (NSW) are paid for that change in work value. This allowance applies to functional management positions as well as engineering professionals working in asset management at the operational level. (c) This allowance is not payable where such responsibilities and the exercise of such skills have been specifically and demonstrably paid for in accordance with the salary system established by the employer. (d) Direct involvement in the application of engineering principles to the management of the employer’s assets includes: • the planning for; • designing; • maintenance; • replacing; • rehabilitation; or • disposing of the employer’s assets which may give rise to liability under the Civil Liability Act 2002 (NSW). (e) To qualify for the payment of this allowance the position in question must be evaluated in accordance with the skill descriptors for Professional/Specialist Band 3 or Executive Band 4 of the AwardAgreement. (f) The parties to the Award Agreement acknowledge that implementation of this allowance has been guided by the Joint Statement on the Implementation of the Civil Liability Allowance issued by the parties in October 2007. The parties remain committed to this document as a guide for the application of the allowance. (g) From 1 January 2015, claims for the payment of the civil liability allowance under this clause shall be made within 30 days of the work being performed, and any claims for back-payment of the civil liability allowance shall be limited to the date on which the employee made the claim. This sub sub-clause does not apply where it can be demonstrated that the employer incorrectly made representations to an employee that the civil liability allowance had already been paid for in accordance with their rate of pay and/or the salary system established by the employer. (h) This clause shall not be construed so as to require the reduction or alteration of more advantageous benefits or conditions under any arrangements existing at the date the Award Agreement was varied to give effect to this clause.