SINTER MACHINE EMISSION REDUCTION PROJECT
CONSENT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Industry Group, New South Wales Branch, industrial organisation of
employers.
(No. IRC 2294 of 2002)
|
Before Mr Deputy
President Grayson
|
23 May 2002
|
AWARD
Clause No. Subject Matter
1.0 Title
2.0 Objectives
and Commitments
3.0 Definitions
4.0 Application
of the Award
5.0 Operation
and Duration of the Award
6.0 Parties to
the Award
7.0 General Conditions
of Employment
8.0 Inductions
9.0 Rates of
Pay and Allowances
10.0 Wage
Increases
11.0 Protective
Clothing and Equipment
12.0 Accident
Insurance Cover
13.0 Unacceptable
Employment Practices
14.0 on Site
Register
15.0 Union
Rights
16.0 Right of
Entry of Union Officials
17.0 Visiting
Union Officials
18.0 Union
Membership
19.0 Rights of
the Delegate
20.0 Environment,
Health, Safety and Rehabilitation (EHS&R)
21.0 Inclement
Weather
22.0 Dispute
Prevention Procedures
23.0 Procedure
for Settling Disagreements Over Safety Issues
24.0 No Extra
Claims Commitment
25.0 Demarcation
Disputes Procedure
26.0 Anti
Discrimination
27.0 Personal/Carers
Leave
28.0 Immigration
Compliance
29.0 Australian
Content
30.0 Workers
Compensation and Insurance Cover
31.0 Avoidance
of Employee Entitlements
32.0 Enterprise
Bargaining Agreements
33.0 Observance
of Award and Statutory Requirements
Schedules
Schedule 1 - Rates and Allowances
Schedule 2 - Map of Site Location
Schedule 3 - Immigration
1.0
Title
1.1 This Award shall
be known as the Sinter Machine Emission Reduction Project Consent Award.
2.0
Objectives and Commitments
2.1 The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Commitment of
the parties to avoiding industrial action on the Project;
(d) Recognition
that the Project stands alone and shall not be used as a precedent;
(e) Continued
development of communication processes which facilitate participation by all
Employers, Employees and Unions;
(f) Introduction
of new technology and associated change to enhance productivity;
(g) Improved
quality of work; and
(h) Increase the
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees.
(i) Provision of
a career structure for all Employees based on skills and competencies;
(j) Provision of
high standards of occupational health & safety on the Project;
(k) All parties
acknowledge their responsibility for delivering a safe Project;
(l) Improved
impact of the Project on the environment.
(m) Implementation
of this Award, and compliance with all relevant statutory provisions;
(n) Elimination of
unproductive time.
(o) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements.
(p) Improved wages
and conditions for all employees working on the project including increased job
satisfaction
(q) Increasing
leisure time for employees by eliminating excessive hours of work.
(r) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships.
(s) At all times
the parties will co-operate and act so as to ensure no disruption to
manufacturing operations at adjoining BHP operations.
3.0
Definitions
3.1 Company means
BHP Steel (AIS) Pty Ltd.
3.2 Contractor
means any Company, Contractor or Sub-Contractor engaged to do Project Work
3.3 Enterprise
Agreement shall include a Certified Agreement, Enterprise Agreement, Consent
Award reflecting an enterprise arrangement or an enterprise flexibility
arrangement recognised by an award provision.
3.4 Industry Award
and Award shall mean the following awards of the Industrial Relations
Commission of New South Wales or Australian Industrial Relations Commission:
3.4.1 National
Building and Construction Industry Award 2000 (and state counterpart awards).
3.4.2 National Metal
and Engineering On-Site Construction Industry Award 1989 (and state counterpart
awards).
3.4.3 Electrical,
Electronic and Communications Contracting Industry (State) Award published 15
September 2000 (318 I.G. 645).
3.4.4 Mobile Crane
Hiring Award 1996.
3.4.5 Transport
Industry - Mixed Enterprises Interim (State) Award published 17 July 1992 and
award review published 23 November 2001 (329 I.G. 748).
3.5 Practical
Completion is defined as the point of introduction of hot waste gas into the
plant for processing. At this point BHP
takes responsibility for the operation of the plant from the Contractor.
3.6 Project
Completion shall mean the completion of Project Work up to the stage Practical
Completion.
3.7 Project
Manager shall mean the owner’s integrated team of Hatch/BHP Steel.
3.8 Project Site
shall mean the area or areas within the Port Kembla Steelworks shown as the
project site on the map in Schedule 2.
3.9 Project Work
means site construction work (as defined by the coverage of industry awards)
carried out under construction packages managed by the Project Manager of the
Sinter Machine Emission Reduction Project at Port Kembla Steelworks, Port
Kembla, NSW.
3.10 The following
activities are not considered Project Work under this Award.
3.10.1 Commissioning
activities by BHP personnel.
3.10.2 Demolition
Work carried out on the site to remove the above ground structures associated
with the No1 and No2 Sinter Machines.
3.10.3 Any
maintenance related activities
3.10.4 Supply
of site amenities and connection of services to them.
4.0
Application of the Award
4.1 This Award
shall only apply to Project Work performed on the Project Site.
4.2 Transport
Drivers
The Parties agree that the Award does not apply to off
site or purely incidental activities such as the delivery of site materials or
couriers. This Award will apply to
Transport Drivers who are employed by any Contractor if the relevant Contractor
makes deductions from the remuneration of that Transport Driver in accordance
with the "Pay As You Earn" provisions of the Income Tax Assessment Act
1936. The Parties agree that if the
Award does apply to any Transport Driver, he or she will only receive the
Project Allowance specified in 9.3.2 after he or she is required, by their
Employer, to be involved on the Project for longer than two hours in any
calendar day.
5.0
Operation and Duration of the Award
5.1 Notwithstanding
5.2, this Award shall operate from 23 May 2002 and shall remain in force until
practical completion of the project.
5.2 Payments under
this Award shall be backdated to the start of Project Work on the Project Site,
6th August 2001, to the extent that Contractors will make up any difference
between wages and allowances paid and those set down in Schedule 1.
5.3 The backdating
under clause 5.2 shall lapse if the Parties, prior to Wednesday 6th March 2002,
do not ratify this Award.
5.4 This Award
shall operate and bind all Parties, notwithstanding actual or alleged breach of
the Award by any Party until it expires as provided for in sub-clause 5.1.
5.5 This Award
shall be read in conjunction with the relevant Industry Awards and to the
extent of any inconsistency between this Award and any Award, this Award shall
prevail. Inconsistency shall arise in
any case where this Award deals with a matter that is covered by the relevant
award.
5.6 This Award
shall not operate so as to reduce the entitlements of any employee with respect
to the total of their existing wages and conditions. Provided that project specific conditions relating to another
project shall not constitute existing wages and conditions.
5.7 No employee
shall be entitled to seek conditions in addition to those provided by this
Award on the basis that any other employee has received the benefit of the
above sub-clause 5.6.
6.0
Parties to the Award
6.1 This Award
shall be binding on the following organisations of employees and their members:
6.1.1 Automotive,
Food, Metals, Engineering, Printing and Kindred Industries Union; [AMWU].
6.1.2 Construction,
Forestry, Mining and Energy Union (NSW Branch); [CFMEU].
6.1.3 Electrical
Trades Union of Australia, NSW Branch [ETU]
6.1.4 The Australian
Workers' Union (Port Kembla, South Coast and Southern Highlands Branch); (AWU).
6.1.5 Transport
Workers Union (NSW Branch - South Coast Sub-Branch) [TWU].
6.2 This Award
shall be binding on the Company and Contractors performing Project Work and
their employees engaged on Project Work.
7.0
General Conditions of Employment
7.1 It is a term
and condition of employment and of the obligations and rights occurring under
this Award that an employee shall;
7.2 Work in a safe
manner at all times including properly using all appropriate protective
clothing and equipment provided by the employer for specified circumstances
including but not limited to safety helmet, safety footwear, hearing and eye
protection; and
7.3 Be available,
ready and willing to perform such work, including shift work, as their employer
shall reasonably require on the days and during the hours necessary for the
employer to best meet the employer's contractual obligations on the Project;
and
7.4 Comply with
any request of their employer to work reasonable overtime in excess of the
ordinary hours at any time during the seven days of the week at the appropriate
remuneration prescribed herein; and
7.5 Recognise the
requirement of the employer to have an appropriate mix of classifications and skills
during any hours of work; and
7.6 Use any
technology and perform any duties which are within the limits of the employee's
skill, competence and training provided that they can be safely and legally
performed; and
7.7 Follow
procedures and co-operate with work practices designed to deliver safe work and
Best Practice outcomes on the Project; and ,
7.8 Comply with
the Grievance Procedure of this Award.
7.9 Employees may
be engaged on a casual, daily or weekly basis but only where that particular
form of employment is provided for in the relevant industry award or enterprise
award. Employees must be engaged in
accordance with the provisions of the relevant award or agreement, as amended
by this Award. In particular, daily
hire employees must be given notice of non-engagement or dismissal before
ceasing work on their last day of employment or be paid a day's pay in lieu of
notice.
7.9.1 Contractors
will consult with the relevant Union when a requirement to hire casual labour
arises
7.10 Notwithstanding
any existing award or other rights an employee may have, an employee may be
terminated without notice in circumstances justifying summary dismissal
including serious misconduct and neglect of duty.
7.11 An employee
subject to summary dismissal or a delegate subject to transfer off the Project
shall be afforded at least 72 hours notice of such dismissal or transfer. Such notice may be served off site, in the
case of dismissals only, if the employer so directs and shall be without
prejudice to the merits of the employer's and employee's position on the
dismissal.
8.0
Inductions
8.1 Prior to the
commencement of work on site, all project employees may be required to attend
and undertake the following induction sessions:
8.1.1 Construction
Industry Advisory Board (NSW) General Induction (Greencard)
8.1.2 BHP General
Induction (Compulsory unless accompanied at all times by an inducted person)
8.1.3 BHP Driver
Induction (if duties require)
8.1.4 Ore Preparation
Induction (Required for any work outside the fenced portion of the Project
Site)
8.1.5 SMERP Site
Induction (Compulsory unless accompanied at all times by an inducted person)
8.2 Officials of
the signatory parties may attend these sessions. Employees will have to demonstrate a clear understanding of the
issues raised in the induction, prior to beginning actual work.
8.3 Inductions are
primarily concerned with the safety of the individual employee and will
emphasise their responsibility to work in a manner that does not endanger
either themselves or others. Other
information the inductions will provide include:
8.3.1 the scope,
purpose and anticipated duration of the project
8.3.2 the Project
Award and how it governs the contract of employment of each employee
8.3.3 compliance with
the requirements for legislative, employer, employee and environmental
standards
8.3.4 the cooperative
objectives of this Project Award
8.3.5 the specific
dispute resolution procedures of this Project Award
9.0
Rates of Pay and Allowances
9.1 The applicable
rates of pay and allowances for Project Work are given in Schedule 1.
9.2 The Project
Wage Rates include all award and enterprise agreement wage entitlements,
including but not limited to, base rate, supplementary payment, safety net
adjustment, industry allowance, special allowance, follow the job allowance or
the like, tool allowance, special rates, disability payments, BHP (AIS)
Disability Allowance, productivity allowance etc., and excepting only those
allowances set out in clause 9.3.1 and 9.3.2 of this Award.
9.3 Additional
Allowances
9.3.1 Fares and
Travel
Employees shall be entitled to an allowance (where
applicable under the relevant award referred to in 3.4) in accordance with
Schedule 1, for each day actually worked to cover the cost of fares and travel
to and from the work site. This
allowance is not payable to employees who start and finish work at the
Contractor’s premises and are transported to and from the Project Site at the
expense of the employer during working hours.
9.3.2 Project Site
Allowance
A project allowance, in accordance with Schedule 1,
shall be paid to employees for each hour worked on the project. This allowance shall be paid as a flat
amount for each hour worked, and shall not attract any premium or penalty. This Project Site Allowance is in
recognition of all special rates relating to the nature of the project,
conditions on the project site, and the work to be performed.
9.3.3 BHP (AIS)
Disability Allowance
The BHP (AIS) Disability allowance is included in the wage
tables in Schedule 1. This allowance is
in lieu of heat allowance, cold allowance, confined space allowance, height
allowance and other particular disabilities experienced on the BHP (AIS) site.
9.3.4 Contractor’s
with an EBA Productivity Allowance shall pay that allowance or the BHP (AIS)
Disability Allowance (9.3.3) whichever is the greater.
9.3.5 In all cases
the Project Allowance (9.3.2) shall be paid in addition to the allowance of
9.3.4.
9.4 Superannuation
9.4.1 Minimum
employer superannuation contributions shall be in accordance with the
Superannuation Guarantee Legislation or the amount specified in Schedule 1
whichever is the greater.
9.4.2 Superannuation
contributions for each employee shall be made to the agreed fund, for the term
of this award, provided that only one fund per employer is permitted.
9.5 Redundancy
9.5.1 Redundancy
contributions for each employee shall be made to either ACIRT or MERT, provided
that only one fund per employer is permitted.
The entitlement is specified in Schedule 1 of this Award.
10.0
Wage Increases
10.1 Employees
covered by this Award shall be entitled to the following cumulative increases
in the Project Wage Rates set out in Schedule 1 to this Award. Any increases in award rates of pay,
including but not limited to increases arising from National or State Wage Case
movements (including Safety Net Adjustments) shall be absorbed, fully or as far
as it is possible, into Project Wage rates including increases set out
hereunder.
10.1.1 1st
July 2002 - 2.5%
10.1.2 1st
January 2003 - 2.5%
11.0
Protective Clothing and Equipment
11.1 Each Contractor
engaged on Project Work on the Project shall ensure that their employees are
appropriately clothed with long sleeves and long pants made from cotton or
cotton blend drill material and steel capped safety boots.
11.2 In addition to
the clothing, Contractors shall ensure that employees are equipped with,
trained in the use of, and use at all times when required, Safety Helmet, eye
protection, hearing protection, sun cream and any other PPE required for
specific job tasks.
11.3 Job
- Related Equipment
11.3.1 Each
Contractor will supply the following protective equipment/materials for use on
specific work tasks:
High visibility vest or clothing;
Factor 15+ protective sun screen;
Hearing protection;
Eye protection;
Gloves;
Safety harnesses;
Gumboots;
Hat Brims;
Dust Masks
11.3.2 In
addition, one (1) pair of UV-rated safety glasses which conform to AS 1337 will
be provided to employees who are required to work on reflective surfaces
outdoors. Glasses will be replaced on a
fair wear and tear basis.
11.4 Clothing
Issue
11.4.1 Australian
made (where practical) protective clothing will be available to all employees
at the completion of 152 hours period with the project. The protective clothing will be two (2) long
sleeved shirts and two (2) pairs of long trousers.
11.4.2 For
the time period May to September, one (1) warm, water resistant jacket will be
issued. Electricians will be issued
with a wool jacket in lieu thereof.
12.0
Accident Insurance Cover
12.1 Each Employer
will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with
a mutually agreed scheme.
13.0
Unacceptable Employment Practices
13.1 No employer or
employee on the Project is to engage in pyramid sub-contracting,
all-in-payments, cash-in hand payments or schemes to avoid award or statutory
obligations, including inappropriately treating employees as sub-contractors
and inappropriate application of taxation.
13.2 Should any
suspected deviation from the foregoing be found to exist, the union concerned
will notify the contractor and the Project Manager immediately for
investigation. If found to be correct,
such deviation will be stopped immediately, rectified and all statutory
entitlements paid.
13.3 Contractors,
subcontractors, consultants and suppliers must comply with the provisions of
applicable:
13.3.1 Awards,
and/or enterprise agreements, and
13.3.2 Legislative
requirements
13.4 Contractors
should ensure that their subcontractors, consultants and suppliers comply with
their legal obligations regarding their employees. Any relevant information is to be obtained through proper and
lawful means, and in a way that respects confidentiality.
13.5 Arrangements or
practices designed to avoid award and/or legislative obligations including
inappropriately treating a genuine employee as an independent contractor and/or
inappropriate application of the Australian Business Number (ABN) system of
taxation are not permitted. All in
payment systems, sham sub-contract arrangements and cash in hand payments are
strictly prohibited.
14.0
On Site Register
14.1 The Project
Manager will require that all contracts with Contractors include the following
terms and conditions:
14.1.1 That
all sub-contractors shall have contracts in writing, and
14.1.2 That
this Award shall form part of the conditions of such contracts, and bind all
such contractors and sub-contractors, and
14.1.3 That
sub-contractors will be required to meet all statutory, award and legal
obligations for their employees.
14.2 The Project
Manager shall instruct each contractor to keep, on site a register containing
information of every employer and employee engaged on the site. Each contractor shall supply a copy to the
Project Manager.
14.3 The Register
shall contain the following from Employees:
14.3.1 Name
and address of Employee
14.3.2 Classification
and Certificate details
14.3.3 Induction
date
14.3.4 Start
Date on Construction Site
14.3.5 Union
and ticket number (where applicable and if voluntarily provided)
14.3.6 Superannuation
scheme name and employee number
14.3.7 Long
Service Leave Number
14.3.8 CTAS
or equivalent Number
14.3.9 This
information, certified as correct to their employer, will be supplied prior to
the employee commencing work on site.
Contractors will pass the information to the Project Manager
14.3.10 Failure
to comply with this clause may result in employees being removed from the
Project.
14.4 The Register
shall contain the following information from employers;
14.4.1 Registered
business name and address of employer and CAN number
14.4.2 Workers
Compensation Policy Number, Underwriter and Currency Certificate
14.4.3 Public
Liability Policy Number, Underwriter and Currency Certificate
14.4.4 Superannuation
Fund Name and employer number
14.4.5 Long
Service Leave employer number
14.4.6 Redundancy,
Trust name and employer number
14.4.7 Travel
and / or living away from home declaration
14.4.8 CTAS
or equivalent Number
14.4.9 This
information, certified as correct and current, shall be provided to the Project
Manager prior to the commencement of work on site by an employer/contractor
14.4.10 Failure
to comply with this clause may result in persons being removed from the Project.
15.0
Union Rights
15.1 The Parties to
this award acknowledge the right of employees to be active union members and
respect the right of the union to organise and recruit employees.
15.2 The Parties to
this award also acknowledge that good communication between the union official,
the delegate and its members is an important mechanism in assisting the parties
to resolve grievances and disputes in a timely fashion.
15.3 All Contractors
shall allow up to one (1) paid hour per month for Union communication meetings.
16.0
Right of Entry of Union Officials
16.1 Accredited
Union Officials will have access to the site in accordance with the relevant
State or Federal Legislation.
16.2 Prior to entry
to the Project Site all Union Officials exercising their right of entry will
report to the Project Manager’s office.
17.0
Visiting Union Officials
17.1 Union officials
(party to this Award) when arriving on site, shall call at the site office and
introduce themselves to a Management representative of the Employer, prior to
pursuing their union duties on site.
17.2 Union officials
shall produce their right of entry permits, if required, and observe the
relevant Construction Awards, the Occupational
Health and Safety Act 2000 and Regulations, and other statutory/legislative
obligations for entry to the site.
17.3 Union officials
with the appropriate credentials shall be entitled to inspect all such wage
records, other payment records and related documentation necessary to ensure
that the Employers are observing the terms and conditions of this Award.
17.4 All such wages
books and other payment records shall be made available within 2 working days
on site or at another convenient, appropriate place, provided notice is given
to the Employers and the Project Manager by the Union.
17.5 Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Awards, Enterprise Agreements, the Industrial Relations Act 1996 (NSW), or
other Employer Statutory requirements.
18.0
Union Membership
18.1 Properly
accredited officials and workplace representatives of the union shall have the
right to be provided with appropriate access to employees to promote the
benefits of union membership.
18.2 To assist in
this process the Employer may:
18.2.1 Provide
payroll deduction services for union fees.
Such fees shall be remitted to the union on a monthly basis with enough
information supplied to enable the union to carry out a reconciliation;
18.2.2 Ensure
that all supervisors are trained in the provisions of the Project Award.
19.0
Rights of the Delegate
19.1 The parties
acknowledge it is the sole right of the Union and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the Union at the site.
19.2 The delegate
shall have the right to approach or be approached by any employee of the
employer to discuss industrial matters with that employee during normal working
hours provided there is no disruption to the progress of normal work.
19.3 The delegate
shall have the right to communicate with members of the Union in relation to
industrial matters without impediment by the employer. Without limiting the usual meaning of the
expression "impediment", this provision applies to the following
conduct by an employer:
19.3.1 moving
a delegate to a workplace or work situation which prevents or significantly
impedes communication with members;
19.3.2 changing
a delegate’s shifts or rosters so that communication with members is prevented or
significantly impeded;
19.3.3 disrupting
duly organised meetings.
19.4 The delegate
shall be entitled to represent members in relation to industrial matters at the
workplace, and without limiting the generality of that entitlement is entitled
to be involved in representing members, as follows:
19.4.1 at
all stages in the negotiation and implementation of enterprise agreements or
awards or other industrial instruments;
19.4.2 the
introduction of new technology and other forms of workplace change;
19.4.3 Career
path, reclassification, training issues; and to initiate discussions and
negotiating on any other matters affecting the employment of members.
19.5 In order to
assist the delegate to effectively discharge his or her duties and
responsibilities, the delegate shall be afforded the following entitlements:
19.5.1 the
right to reasonable communication with other delegates and management in
relation to industrial matters, where such communication is dealt with or
concluded during normal breaks in work.
19.6 The employer of
a delegate shall provide to the delegate the following:
19.6.1 a
notice board for the placement of Union notices at the discretion of the
delegate.
19.6.2 where
a union office room is not practicable, access to the crib room will be made
available.
19.6.3 reasonable
use of the telephone for legitimate union business.
19.6.4 from
existing resources, and when required access to a photocopier or facsimile
machine.
19.6.5 There
shall be no deduction to wages where the Union requires a delegate to attend
any Court or Industrial Tribunal proceedings relating to Industrial matters
relating to this project only.
20.0
Environment, Health, Safety and Rehabilitation (EHS&R)
20.1 Induction
20.1.1 All
Employees must attend the Inductions specified in 8.0.
20.2 Environment,
Health and Safety Plans
20.3 Employers have
submitted or are required to submit the following plans. Copies of these documents will be made
available for employees upon request.
20.3.1 Construction
Management Plan, (incorporating the Environmental Management Plan for
Construction)
20.3.2 Safety
Management Plan (from each contractor)
20.3.3 Specific
Construction Safety Studies submitted to the Department of Planning
(incorporating risk analysis of the works and hazard minimisation)
20.3.4 SMERP
Construction Safety Booklet (issued to each employee at Site Induction)
20.4 The Safety Committee
20.4.1 The
Safety Committee will be properly constituted (with an agreed
constitution). All members of the
safety committee will undertake agreed Occupational Health and Safety training.
20.5 Implementation
of this Clause
20.5.1 The
Parties acknowledge and agree that all Parties are committed to safe working
procedures.
20.5.2 If
the Project Manager or the Safety Committee is of the opinion that an Employee
or Employer has committed a serious breach of either the Environment Health and
Safety Policy or the relevant safety management plan (or any other agreed safe
working procedures), the Project Manager (or the Project Manager on
recommendation from the Safety Committee) will implement disciplinary action
against the Employer or Employee which may include taking all steps required to
remove the Employer or Employee from the Project.
20.5.3 The
Parties agree that in the event that an unsafe condition exists, work is to
continue in all areas not affected by that condition and that employers may
direct employees to move to a safe place of work. No employee will be required
to work in any unsafe area or situation.
21.0
Inclement Weather
21.1 The parties
will adopt a reasonable approach with respect to inclement weather procedures
and what constitutes ‘inclement weather’.
The object is to minimise lost time due to inclement weather and the
purpose of this Clause is to establish common procedures so that the welfare
and safety of Employees is respected and work can continue in an orderly
fashion during periods of inclement weather.
Employees will accept transfers from an exposed work area to a work area
not affected by inclement weather if useful work is available within the scope
of the Employee’s skill, competence and training.
21.2 During and
after periods of inclement weather the Project Manager, after consultation with
the employee safety representatives, will determine any steps necessary to
ensure that work can continue in a safe manner. In all cases, priority will be given to ensuring that a safe
workplace is provided and safe systems of work are used. Nothing in this procedure will negate or
contradict the rights of the safety committee under the terms of the Occupational Health and Safety Act 2000.
21.3 Remaining on
Site
Where, because of wet weather, the employees are
prevented from working:
21.3.1 for
more than an accumulated total of four hours of ordinary time in any one day;
or
21.3.2 after
the meal break for more than an accumulated total of 50% of the normal
afternoon work time: or
21.3.3 during
the final two hours of the normal work day for more than an accumulated total
of one hour, the employer shall not be entitled to require the employees to
remain on site beyond the expiration of any of the above circumstances.
21.3.4 Provided
that where, by agreement between, the employer and / or his / her
representative and the employees’ representative the persons remain on site
beyond the periods specified above, any such additional wet time shall be paid
for but shall not be debited against the employees hours.
21.3.5 Provided
further that wet time occurring during overtime shall not be taken into account
for the purposes of this sub-clause.
21.4 Rain at
starting time
Where the employees are in the sheds, because they have
been rained off, or at starting time, morning tea, or lunch time, and it is
raining, they shall not be required to go to work in a dry area or to be
transferred to another site unless:
21.4.1 The
rain stops; or
21.4.2 Adequate
protection is provided. Protection
shall, where necessary, be provided for the employee’s tools.
21.4.3 Provided
that, for the purposes of this clause, a "dry area" shall mean a work
location that has not become saturated by rain or where water would not drip on
the employees.
21.4.4 Consistent
with the provisions of this Award, employees are not to leave the job without
the approval of the Project Manager.
22.0
Dispute Prevention Procedures
22.1 The Parties
agree to facilitate the constructive and speedy resolution of any issue of
concern at the workplace and recognise that this commitment is critical to
maintaining harmonious relations between Contractors and their Employees and to
ensure that the Project achieves completion within the specified time and cost.
22.2 If an Employee
has a grievance arising out of his or her employment with the employer, the
Employee may notify the Supervisor of the substance of the grievance, request a
meeting with that person and state the remedy sought
22.3 If the matter
is not resolved by the Supervisor, the Employee may request that the Supervisor
refer the grievance to the Project Manager.
Where appropriate or deemed necessary, the Employee may elect to seek
the assistance of his/her workplace delegate and designated area Union
organiser.
22.4 If the matter
is still not resolved, the Employee may request the Project Manager to refer
the grievance to the Vice President Engineering and Environment, BHP Steel and
the relevant Union Secretary or nominee.
22.5 If the above
process does not resolve the grievance either of the parties may refer the
grievance to the NSW Industrial Relations Commission for determination.
22.6 Whilst the
above procedures are being carried out, work will continue as it did prior to
the grievance arising. Neither party
shall be prejudiced as to final settlement by the continuation of work in
accordance with this clause.
23.0
Procedure for Settling Disagreements Over Safety Issues
23.1 Where a safety
problem exists, work shall cease only in the affected area. Work shall continue elsewhere unless access
to safe working areas is unsafe.
However, any problem of access shall be immediately rectified and
Employees/workers will use any alternate safety access to such safe working
areas while the usual access is being rectified.
23.2 Should a
particular project be in dispute on the basis that the whole project is thought
to be unsafe, the following procedures shall apply:-
23.2.1 Employees
shall not leave the site.
23.2.2 Immediate
inspection of the project involving both Company and Employee representatives
shall take place.
23.2.3 The
Project Manager will nominate the Order of priority of the work areas to be
inspected.
23.2.4 The
inspection shall identify the safety rectification work needed to take place in
each work zone.
23.2.5 As
zones are agreed for rectification, all employees/workers who can be gainfully
employed shall immediately commence rectification works.
23.2.6 Upon
verification that such rectification has been completed, productive work will
resume. Such resumption of work shall
take place progressively as each work area has been cleared.
23.2.7 Should
any dispute arise then the Project Manager will immediately call a Work Cover
Inspector to assist on the procedures required for rectification.
24.0
No Extra Claims Commitment
24.1 No claims for
wages or conditions in excess of this Award during its period of operation will
be made.
25.0
Demarcation Disputes Procedure
25.1 It is
recognised by the parties to this Award that because of the nature of this
project (ie. the mix of work, size of the total work area and location
involved), there is a genuine need to have in place a mechanism capable of
swiftly dealing with a demarcation issues as they arise.
25.2 It is therefore
agreed that:
25.2.1 As
work is confirmed, and where potential demarcation problems are evident, full
discussion shall take place between the employer (contractor, sub-contractor
and/or supplier of supplementary labour) and the appropriate Union
representatives.
25.2.2 If
it is not resolved at this level the Project Manager’s representative shall be
immediately informed in writing and he/she shall advise the South Coast Labor
Council within 24 hours. The Project
Manager’s representative shall, where practical take this action at least five
(5) working days prior to the actual commencement of the work.
25.2.3 The
Council, when so advised, shall arrange for discussions to take place within
the Union movement with a response being provided to the Project Manager’s
representative within 48 hours.
25.2.4 Nothing
in this procedure shall operate so as to prevent work from commencing or
continuing as contracted, after the expiry of the five (5) working days
mentioned above.
25.2.5 If
the matter is not resolved it shall be dealt with in accordance with Clause
22.0 - Dispute Prevention Procedure.
25.2.6 The
parties agree that the outcome of any matter dealt with by the terms of this
clause shall not be used as a precedent, reference, example or exhibit in any
way whatsoever in matters arising from this work location.
25.2.7 While
this procedure is being followed, work shall continue normally on the basis of
the initial or existing allocation of Union coverage. This shall not prejudice the position of any party.
25.2.8 Should
a demarcation dispute arise subsequent to work commencing then the procedure
set out in this Clause above shall be followed excluding the reference to five
(5) working days.
25.2.9 Nothing
in this clause shall be read to mean that an employer or a Union has abrogated
their rights in relation to settlement of any demarcation dispute.
26.0
Anti Discrimination
26.1 It is the
intention of the parties bound by this award to seek to achieve the object in
s3(f) of the Industrial Relations Act,
1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
26.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
26.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
26.4 Nothing in this
clause is to be taken to affect:
26.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
26.4.2 offering
or providing junior rates of pays to persons under 21 years of age;
26.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination
Act 1977;
26.4.4 a
party to this agreement from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
26.4.5 This
clause does not create legal rights or obligations in addition to those imposed
upon the parties by the legislation referred to in this clause.
NOTES:
Employers and employees may also be subject to
Commonwealth anti-discrimination legislation.
Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion that conforms to the doctrines of that religion or
is necessary to avoid injury to the religious susceptibilities of the adherents
of that religion."
27.0
Personal/Carers Leave
27.1 Use of Sick
Leave
27.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in 27.2.2 who needs the employees care and support
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave for absences to provide care and support for such persons
when they are ill. Such leave may be
taken for part of a single day.
27.1.2 The
employees shall, if required, establish by production of a medical certificate
or statutory declaration, the illness of the person concerned and that the
illness is such as to require care by another person. In normal circumstances,
an employee must not take carer's leave under this subclause where another
person has taken leave to care for the same person.
27.2 The entitlement
to use sick leave in accordance with this subclause is subject to:
27.2.1 the
employee being responsible for the care and support of the person concerned;
and
27.2.2 the
person concerned being:
a spouse of the employee; or
a de facto spouse, who, in relation to a person, is a
person of the opposite sex to the first mentioned person who lives with the
first mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
a child or an adult child (including an adopted child,
a step child, a foster child or an ex-nuptial child), parent (including a
foster parent and legal guardian), grandparent, grandchild or sibling of the
employee or spouse or de facto spouse of the employee; or
a same sex partner who lives with the employee as the
de facto partner of the employee on a bona fide domestic basis; or
a relative of the employee who is a member of the same
household, where for the purposes of this paragraph:
27.2.3 "relative"
means a person related by blood, marriage or affinity;
27.2.4 "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
27.2.5 "household"
means a family group living in the same domestic dwelling.
27.3 An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the employer by telephone of
such absence at the first opportunity on the day of absence.
27.4 Unpaid Leave
for Family Purpose
27.4.1 An
employee may elect, with the consent of the employer, to take unpaid leave for
the purpose of providing care and support to a member of a class of person set
out in 27.2 above who is ill.
27.5 Annual Leave
27.5.1 Subject
to the Annual Holidays Act 1944, an
employee may elect, with the consent of the employer, to take annual leave not
exceeding five days in single day periods or part thereof, in any calendar year
at a time or times agreed by the parties.
27.5.2 Access
to annual leave, as prescribed in paragraph 27.5.1 above, shall be exclusive of
any shutdown period provided for elsewhere under this award.
27.5.3 An
employee and employer may agree to defer payment of the annual leave loading in
respect of single day absences, until at least five consecutive annual leave
days are taken.
27.6 Time Off in
Lieu of Payment for Overtime
27.6.1 An
employee may elect, with the consent of the employer, to take time off in lieu
of payment for overtime at a time or times agreed with the employer within
twelve (12) months of the said election.
27.6.2 Overtime
taken as time off during ordinary time hours shall be taken at the ordinary
time rate, that is an hour for each hour worked.
27.6.3 If,
having elected to take time as leave in accordance with paragraph 27.4.1 of
this subclause, the leave is not taken for whatever reason, payment for the
time accrued at overtime rates shall be made at the expiry of the 12 month
period or on termination.
27.6.4 Where
no election is made in accordance with the said paragraph 27.4.1, the employee
shall be paid overtime rates in accordance with the award.
27.7 Make-up Time
27.7.1 An
employee may elect, with the consent of the employer, to work make-up time,
under which the employee takes time off during ordinary hours, and works those
hours at a later time, during the spread of ordinary hours provided in the award,
at the ordinary rate of pay.
27.7.2 An
employee on shift work may elect, with the consent of the employer, to work
make-up time (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been
applicable to the hours taken off.
27.8 Rostered Days
Off
27.8.1 An
employee may elect, with the consent of the employer, to take a rostered day
off at any time.
27.8.2 An
employee may elect, with the consent of the employer, to take rostered days off
in part day amounts.
27.8.3 Where
the employer and employee agree, rostered days off may be accumulated which
occur as a result of employees working in accordance with the provisions of
this subclause. These accumulated days may be taken at any time mutually agreed
between the employer and the employee.
27.8.4 An
employee may elect, with the consent of the employer, to accrue some or
all-rostered days off for the purpose of creating a bank to be drawn upon at a
time mutually agreed between the employer and employee, or subject to
reasonable notice by the employee or the employer.
27.8.5 This
subclause is subject to the employer informing the union if it has members
employed at the particular enterprise of its intention to introduce an enterprise
system of RDO flexibility, and providing a reasonable opportunity for the union
to participate in negotiations.
28.0
Immigration Compliance
28.1 The Parties are
committed to compliance with Australian immigration laws so as to ensure
maximum work opportunities for unemployed permanent residents and Australian
citizens. Employers will be advised by
the Project Manager of the importance of immigration compliance. Where there is concern that an employer on
the Project is engaging illegal immigrants, the Project Manager will act
decisively to ensure compliance.
28.2 Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorisation
form attached to this Award as per Appendix B will assist in providing evidence
of the employees legal status.
29.0
Australian Content
29.1 The Project
Manager shall endeavour to maximise Australian content in materials and
construction equipment on the Project where practical and feasible.
30.0
Workers Compensation and Insurance Cover
30.1 Employers must
ensure that all employees that they engage to work on the project are covered
by workers compensation insurance.
30.2 The Company
will audit Certificates of Currency from each Employer engaged on site to
ensure that the wages estimate and tariff declared for the type of work
undertaken is correct. This information will be available to accredited Union
officials on request.
30.3 Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers compensation.
30.4 All Employees
will report injuries to the project first aider and their supervisor at the
earliest possible time after the injury
30.5 All Employees
will comply with the requirements for making a workers compensation claim,
including the provision of a Workcover medical certificate, at the earliest
possible time after the injury. This information will also be supplied to the
project first aid officer, and their supervisor.
30.6 In cases where
the Employee is unable to comply with the above, the relevant employer will
assist in fulfilling requirements for making a claim.
30.7 Employers must
ensure that they are aware of and will abide the Workplace Injury Management and Workers
Compensation Act 1998, which provide that:
30.7.1 The
Employer shall keep a register of injuries /site accident book in a readily
accessible place on site;
30.7.2 All
Employees must enter in the register any injury received by the Employee. The
Employer must be notified of all injuries on site immediately.
30.7.3 An
Employer who receives a claim for compensation, must within seven (7) days of
receipt, forward the claim or documentation, to their insurer;
30.7.4 An
Employer who receives a request from their insurer for further specified
information must within seven (7) days after receipt of the request, furnish
the insurer with the information as is in the possession of the Employer or
reasonably obtained by the Employer.
30.7.5 An
Employer who has received compensation money from an insurer shall as soon as
practicable pay the money to the person entitled to the compensation.
30.8 Where there has
been a serious incident and/or accident which has resulted in a serious injury
or loss of life the employer shall notify the relevant union immediately
31.0
Avoidance of Employee Entitlements
31.1 The parties
agree that ‘all-in’ payment and or ‘cash-in-hand’ payments, or sham subcontract
arrangements, (i.e. payments designed to avoid tax, and statutory/EBA or award
entitlements) will not be accepted on site.
Where such practices are identified they will be immediately
stopped. Refer also to Clause 13.0
Unacceptable Employment Practices.
32.0
Enterprise Bargaining Agreements
32.1 The parties to
this award acknowledge that it is an objective of the unions that all
contractors/sub-contractors should have in place appropriate enterprise
agreements with the relevant unions.
32.2 This Award is
intended to operate in conjunction with, and as a supplement, to a
subcontractor’s enterprise bargaining agreements.
32.3 The Parties
agree to minimise the impact of any industrial action on the project that may
arise out of the negotiation or renegotiation of subcontractors’ enterprise
bargaining agreements (EBA’s).
32.4 All
subcontractors will be encouraged to have appropriate and current enterprise
agreements.
32.5 Where
conditions relating to amounts and method of payment of Project
productivity/site allowances are specifically mentioned in a sub contractor’s
enterprise agreement and are at variance with the conditions of this agreement
then discussions will take place between the parties to seek a resolution.
33.0
Observance of Award and Statutory Requirements
33.1 All contractors
and subcontractors shall abide by the conditions of relevant awards, and or
enterprise agreements and all statutory obligations.
33.2 Each contractor
on the project will provide their union delegate with a copy of payments made
to the relevant superannuation, redundancy, insurance or other relevant funds
upon request.
SCHEDULE 1
Wage Rates of Pay
|
Civil Trades
Classifications
|
Rate per Hour
without BHP (AIS) Allowance
|
Rate per Hour *
|
|
|
$
|
$
|
|
CW1
|
16.39
|
17.14
|
|
CW2
|
17.11
|
17.86
|
|
CW3 (non trade)
|
17.82
|
18.57
|
|
CW3 (trade)
|
18.45
|
19.20
|
|
CW4
|
19.37
|
20.12
|
|
CW5
|
20.29
|
21.04
|
|
CW6
|
21.21
|
21.96
|
|
CW7
|
22.12
|
22.87
|
|
CW8
|
23.05
|
23.80
|
|
Metal Trades Classifications
|
Rate per Hour *
|
|
|
$
|
|
Trades Assistant
|
17.96
|
|
Rigger Scaffolder
|
18.90
|
|
Tradesperson
|
19.46
|
|
Electrical Trades Classifications
|
Rate per Hour *
|
|
|
$
|
|
Grade 1
|
16.58
|
|
Grade 2
|
17.38
|
|
Grade 3
|
18.16
|
|
Grade 4
|
18.96
|
|
Grade 5 Unlicensed
|
20.11
|
|
Grade 5 Qual S/V
|
20.97
|
|
Grade 6 Qual S/V
|
21.78
|
|
Grade 7 Qual S/V
|
23.36
|
|
Grade 8 Qual S/V
|
24.94
|
|
Grade 9 Qual S/V
|
25.74
|
|
Grade 10 Qual S/V
|
28.12
|
* Note: includes the BHP (AIS) Disability Allowance (refer
9.3.3)
Allowances
Fares and Travel - $20.00 per day (refer 9.3.1)
Project Allowance - $2.00 per hour, flat (refer 9.3.2)
Superannuation
Employer contributions shall be $75.00 per week or in
accordance with the Superannuation Guarantee Legislation (refer 9.4), whichever
is the maximum.
Redundancy
Redundancy payment - $56.00 per week (refer 9.5)
SCHEDULE 2
For the map of the site
location boundaries please see IRC No. 2294 of 2002.
SCHEDULE 3
Authority To Obtain Details Of Immigration
Status
I,
(Family Name):
(Given Names):
Date of Birth:
Nationality:
Visa Number:
Passport Number:
Authorise the Department of Immigration and Multicultural
Affairs (DIMA) to release by fax to ………………………….. (Name of employer
representative) details of my immigration status and entitlement to work
legally in Australia.
This information will only be made available to a
representative of the Principal at the Sinter Machine Emission Reduction
Project and authorised trade union officer on request.
I also understand that the above - named will only use this
information for the purpose of establishing and verifying only my legal
entitlement to work in Australia and for no other purpose.
Signed:
Dated:
Name of employer:
Phone No.:
Fax No.:
Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: (02) 92584730
Fax: (02) 92584763
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.