BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1655)

SERIAL C1633

591 GEORGE STREET PROJECT AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by The Master Builders' Association of New South Wales, industrial organisation of employers.

(No. IRC 5351 of 2002)

Before The Honourable Justice Walton, Vice-President

27 September 2002

AWARD

1. Arrangement

Clause No. Subject Matter

1. Arrangement

2. Introduction

3. Objectives

4. Definitions

5. Application

6. Duration

7. Industry Standards

7.1 Superannuation and Redundancy

7.2 Top Up/24 Hour Income Protection Insurance

7.3 (a) Productivity allowance

7.3 (b) Transport Drivers

8. Environment, Health, Safety and Rehabilitation (EHS&R)

8.1 Induction

8.2 Environment, Health and Safety Plans

8.3 The Safety Committee

8.4 Safety Procedures

8.5 OH&S Industry Induction

8.6 Formwork Safety

8.7 Temporary Power/Testing and Tagging

9. Dispute resolution

9.1 Employer specific disputes

9.2 Project Wide Disputes

9.3 Demarcation Disputes

10. Monitoring Committee

11. Productivity Initiatives

11.1 Learning Initiatives

11.2 Inclement Weather

11.3 Rostered Days Off

11.4 Maximising Working Time

11.5 Hours of Work

12. Immigration Compliance

13. Long Service Compliance

14. No Extra Claims

15. No Precedent

16. Single Bargaining Unit

17. Union Rights

17.1 Visiting Union Officials

17.2 Workplace Delegates

17.3 Union Membership

18. Australian Content

19. Protective Clothing

20. Workers Compensation and Insurance Cover

21. Apprentices

22. Training and Workplace Reform

23. Project Death Cover

24. Anti-Discrimination

25. Personal/Carers Leave

25.1 Use of Sick Leave

25.2 Unpaid Leave for Family Purpose

25.3 Annual Leave

25.4 Time-off in Lieu of Payment for Overtime

25.5 Make-up Time

25.6 Rostered days off

26. Enterprise Bargaining Agreements

27. Observance of Award and Statutory Requirements

Annexure A - Parties

Annexure B - Authority to Obtain from DIMA details of Immigration status

Annexure C - Target Programme Milestones

2. Introduction

The Parties to this Award acknowledge that enterprise bargaining is an appropriate way for employers and employees (and their unions) to settle fair terms and conditions of employment. The Parties acknowledge and agree that the integrity of enterprise agreements and awards must be maintained.

The Parties also acknowledge that the building industry has special features, which may require the Parties to enter into agreements applicable to a particular project. This Award is intended to supplement existing enterprise agreements and be a framework document to assist the Employers in management of Project specific issues. It is recognised that this Award is not intended to extend the traditional coverage of the Union Parties nor is it intended to cover works not within the scope of works given to Moonfare Pty Ltd. by their client.

3. Objectives

3.1 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) Continued development of communication processes which facilitate participation by all Employers, Employees and Unions

(d) Introduction of new technology and associated change to enhance productivity;

(e) Improved quality of work;

(f) Increased scope of sub-contract work packages to promote genuine skills enhancement and acquisition by Employees.

(g) Provision of a career structure for all Employees based on skills, competencies and increased job satisfaction;

(h) Provision of high standards of occupational health & safety on the Project;

(i) Improved impact of the Project on the environment;

(j) Implementation of this Award, and compliance with all relevant statutory provisions;

(k) Elimination of unproductive time;

(l) Improved compliance by subcontractors with the provisions of applicable awards and/or enterprise agreements and legislative requirements;

(m) Improved wages and conditions for all employees working on the project;

(n) Increased leisure time for employees by eliminating excessive hours of work.

(o) Enhancing job opportunities for persons who have a legal right to work including persons who wish to take on apprenticeships or traineeships.

4. Definitions

"Award" means this 591 George Street Project Award 2002 made between the Parties.

"Moonfare." means Moonfare Pty Ltd. of 8 Central Street Sydney NSW 2000.

"Code of Practice" means the New South Wales Government Code of Practice for the Construction Industry.

"Employee" means a person engaged by an Employer and who performs work on the Project.

"Employer" means Moonfare Pty Ltd. and/or any subcontractor engaged by Moonfare Pty Ltd. to work on the Project, including subcontractors` respective subcontractors plus other subcontractors engaged by Moonfare Pty Ltd. and/or subcontractors for this project post Award signing.

"Enterprise Agreement" means an agreement registered or certified under the Workplace Relations Act (Cth) 1996 or approved under the Industrial Relations Act (NSW) 1996.

"EHS&R" means Environment Health Safety and Rehabilitation.

"Environment Health Safety and Rehabilitation Policy" means either of the plan or policy devised and implemented by the Project Manager for the Project (as amended from time to time).

"Monitoring Committee" means the committee established under clause 10 of this Award.

"Parties" means the Employers, and the Unions referred to in Annexure A.

"Practical Completion" means the completion of the Project where the building is fit for occupancy and/or purpose.

"Programme Milestones" means the milestones listed in Part 2 of Annexure B as amended by the Monitoring Committee from time to time.

"Project" means the construction works contracted to Moonfare Pty Ltd at 591 George Street, Sydney.

"Project Manager" means the Project Manager for the Project appointed by Moonfare Pty Ltd from time to time.

"Safety Committee" means the site safety committee formed under the Occupational Health and Safety Act (NSW) 2000.

"Scheduled Milestones" means those targets described in Part 1 of Annexure B as amended under subclause 7.3 from time to time.

"T.E.T.A" means Transport Education Training Australia.

"Unions" means each of the Unions listed in Part 2 of Annexure A.

5. Application

5.1 This Award will apply to work done on the Project by the Employees for the period the Employer engages the Employees to work on the Project.

5.2 Where Moonfare Pty Ltd. engages sub-contractor/s, it shall make it a condition of any contract that it enters into with its sub-contractor/s that they will not employ or otherwise engage persons on wages and conditions, which are less favourable than those set out in this project award.

5.3 By entering this Award, the Parties intend to enter legal relations and acknowledge and agree that the terms of this Award will create a binding contract.

5.4 The Parties also acknowledge and agree that the terms of this Award form part of the tender conditions for work on this P roject

5.5 This Award is generally intended to supplement and co-exist within the terms of existing Enterprise Agreements and Awards and it’s primary purpose is to provide a framework for the Employers, the Labor Council and the Unions, to manage those issues on the Project which affect more than one Employer.

6. Duration

6.1 This Award shall operate on and from 15 July 2002 until Practical Completion

7. Industry Standards

7.1 Superannuation and Redundancy

(a) The Parties acknowledge that a contribution of $80.00 per week will paid into the superannuation fund nominated in the Building Awards being CBUS; NESS; STA, TWU Superannuation Fund or other schemes approved by the parties. This contribution will increase to $90.00 per week from 1 July 2002.

(b) The Employers will make a contribution of $56 per week (increasing to $61 per week from 1 July 2002) into ACIRT or MERT or other schemes approved by the parties.

7.2 Top Up/24 Hour Income Protection Insurance

(a) Each Employer will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with the CTAS scheme or other similar schemes, which are approved by the parties to this Award.

7.3 Project Productivity Allowance

(a) Subject to subclause 7.3(b) the Employer will pay a productivity allowance for persons engaged on the project of $2.00 for each hour worked on the Project, in exchange for the productivity work practices detailed within this Award and the Programme Milestones listed in Annexure C. The productivity allowance shall be paid as a flat rate and shall not attract any premium or penalties.

(b) Transport Drivers

(i) Employees - Rates of Pay -

It is further agreed that any Transport Worker carrying out work relating to the Project will be paid, in addition to his/her Award or Enterprise Agreement rate of remuneration, any applicable Project productivity allowance, provided that the driver has had a regular involvement of two (2) hours or more on any day with the project.

(ii) Contract Carrier -

The Parties agree that all Contract Carriers involved in the Transport Industry shall be paid the rates of pay applicable under the Transport Industry Excavated Materials Contract Determination for the cartage of materials to, on and from the site.

(iii) GST -

Rates paid to contractor’s carriers, including any applicable project productivity allowance, shall be exclusive of GST. A separate amount equal to 10% of the value of the remuneration payable shall be paid to the carrier for contracts of carriage (the GST amount). The total fee payable to the contract carrier shall be the sum of the remuneration payable and the GST Amount.

8. Environment, Health, Safety and Rehabilitation (EHS&R)

8.1 Induction

(a) All Employees must attend an agreed EHS&R site induction course on commencement of engagement on site.

(b) The Parties recognise the EHS&R induction training provided by T.E.T.A. for casual and permanent transport workers who fall within the scope of the award.

8.2 Environment, Health and Safety Plans

(a) All Employers must submit an environment, health safety and rehabilitation management plan. These plans should include evidence of:

(i) risk assessment of their works;

(ii) hazard identification, prevention and control;

(iii) planning and re-planning for a safe working environment;

(iv) industry and trade specific induction of Employees;

(v) monitoring performance and improvement of work methods;

(vi) reporting of all incidents/accidents;

(vii) compliance verification; and

(viii) regular EHS&R meetings, inspections and audits of the Project.

8.3 The Safety Committee

(a) 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 with Comet Training or other agreed providers.

8.4 Safety Procedures

(a) The Parties acknowledge and agree that all Parties are committed to safe working procedures.

(b) 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.

(c) The Parties agree that pursuant to the Code of Practice, in the event that an unsafe condition exists, work is to continue in all areas not affected by that condition and those 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.

8.5 OH&S Industry Induction

No person will be engaged on site unless he/she has completed the WorkCover NSW Accredited OH&S Industry Induction Course.

8.6 Formwork Safety

All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover Formwork Certificate of Competency. Where an employee does not have a Certificate of Competency Comet will be contacted to assess the qualifications of the relevant employee.

8.7 Temporary Power/Testing and Tagging

In order to maintain the highest standards of safety in regard to the use of electricity during construction, it is agreed that the temporary installation is installed strictly in accordance with AS 3012 (1995). All work is to be carried out by qualified electrical tradesperson. Testing and tagging is to be carried out only by qualified electrical tradesperson.

9. Dispute Resolution

One of the aims of this Award is to eliminate lost time in the event of a dispute and to achieve prompt resolution of any dispute.

9.1 Employer Specific Disputes

In the event of a dispute or conflict occurring specifically between an Employer and its Employees or their representative Union, the following procedure will be adopted:

(a) Discussion between those directly affected;

(b) Discussion between site management representatives of the Employer and the Union delegate;

(d) Discussion between senior management of the Employer, Moonfare Pty Ltd. and the appropriate Union official;

(e) Discussion between the Secretary of the relevant Union (or nominee) and Moonfare Pty Ltd. NSW Operations Manager (or nominee);

(f) If the dispute is not resolved after step (e), parties to the Award may notify the dispute to the Industrial Relations Commission of New South Wales, and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to it’s powers set out in the Industrial Relations Act 1996 (NSW).

(g) Work shall continue without interruption or dislocation during discussion and negot iations concerning the dispute.

9.2 Project Wide Disputes

In the event of a dispute or conflict effecting more than one Employer occurring, the following procedure will be adopted:

(a) Discussion between those directly affected;

(b) Discussion between site management representatives of Moonfare Pty Ltd. and the Union delegate;

(d) Discussion between senior management of Moonfare Pty Ltd. and the appropriate Union official;

(e) Discussion between the Secretary of the relevant Union (or nominee) and Moonfare Pty Ltd. NSW Operations Manager (or nominee);

(g) Work shall continue without interruption or dislocation during discussion and negot iations concerning the dispute.

9.3 Demarcation Disputes

In the event that a dispute arises which cannot be resolved between the relevant Unions, the Unions agree to the following dispute settling procedure:

(a) Work shall continue without interruption or dislocation during discussion and resolution of disputes.

(b) Discussion between the Labor Council of New South Wales and the Unions to try to resolve the dispute.

(c) If the dispute is not resolved after step (b), either Union may notify the dispute to the Industrial Relations Commission of New South Wales and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996 (NSW).

10. Monitoring Committee

10.1 The Parties may establish a committee to monitor the implementation of this Award.

10.2 This Monitoring Committee if established will meet at the commencement of construction and then at monthly intervals or as required during construction on the Project.

10.3 The Monitoring Committee will consider ways in which the aims and objectives of this Award can be enhanced, which may include, but not be limited to discussion of:

(a) developing more flexible ways of working;

(b) enhancing occupational, health and safety;

(d) compliance with Award and other statutory requirements by employers.

10.4 If the principles of this Award are not being followed, the Committee will develop a plan in consultation with the Parties, to implement the intent of the Award.

10.5 The Monitoring Committee will determine if milestones have been met as required by subclause 7.3.

10.6 Where any industrial action has occurred outside the strict adherence of the dispute settling procedures and, where such action is primarily responsible for the milestone dates not being met, the Monitoring Committee may withhold or suspend payment. If no agreement can be reached by the Monitoring Committee the matter will be referred back to the Commission for determination.

11. Productivity Initiatives

11.1 Learning Initiatives

Each Employer shall be required to demonstrate to Moonfare Pty Ltd. implementation of commitment to skill enhancement and workplace reform while working on the Project.

11.2 Inclement Weather

(a) The Parties to this Award will collectively proceed towards the minimisation of lost time due to inclement weather.

(b) Further, the Parties are bound to adopt the following principles with regard to inclement weather and idle time created by inclement weather:

(i) Adoption of a reasonable approach regarding what constitutes inclement weather;

(ii) Employees shall accept transfer to an area or site not affected by inclement weather if, in the opinion of the on site union delegate and site management, useful work is available in that area or site and that work is within the scope of the Employee’s skill, competence and training consistent with the relevant classification structures (provided that the Employer shall provide transport to such unaffected area where necessary);

(iii) Where the initiatives described in (b) above are not possible, the use of non-productive time may be used for activities such as relevant and meaningful skill development; production/upgrade of skill modules; presentation and participation in learning; planning and reprogramming of the Project;

(iv) All Parties are committed to an early resumption of work following any cessation of work due to inclement weather;

(v) The Parties agree the practice of "one out, all out" will not occur.

11.3 Rostered Days Off

(a) A procedure for the implementation of Rostered Days Off (RDOs) will be agreed on the Project. The purpose which is to:

(i) increase the quality of working life for Employees; and

(ii) increase the productivity of the Project.

(b) A roster of RDOs will be prepared, following consultation with the workforce and parties to this Award.

(c) Records of each Employee’s RDO accruals will be recorded on the employees pay slip and copies made available to the Employee, the Employee’s delegate or union official upon request. It is acknowledged that different arrangements in relation to the banking of RDO`s may apply to members of the CEPU.

(d) Where practicable, Saturday work prior to the published industry RDO`s will not be worked.

11.4 Maximising Working Time

(a) The Parties agree that crib and lunch breaks may be staggered for Employees so that work does not cease during crib and lunch. There will be no unreasonable interruption of the comfort of employees having lunch with the amenities to be maintained in a clean and hygienic state at all times.

11.5 Hours of Work

(a) Ordinary hours of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to Friday. However, ordinary hours may commence from 5.00am by agreement between the Employer, Employee and relevant Union.

12. Immigration Compliance

12.1 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 Moonfare Pty Ltd. of the importance of immigration compliance. Where there is concern that illegal immigrants are being engaged by an employer on the Project, Moonfare Pty Ltd. will act decisively to ensure compliance.

12.2 Employers are required prior to employees commencing work on-site to check the legal right of employees to work. The authorization form attached to this Award as per Appendix B will assist in providing evidence of the employee’s legal status.

13. Long Service Compliance

13.1 If applicable, and in accordance with the NSW Building and Construction Industry Long Service Leave Act, no Employee will be engaged on site unless he or she is a worker registered with the NSW Long Service Payments Corporation. All Employers (if applicable) engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and will strictly comply with their obligations.

14. No Extra Claims

14.1 The Parties agree that they will not pursue extra claims in respect of matters covered by this Award (including but not limited to any claim for a disability allowance) during the term of this Award.

15. No Precedent

15.1 The Parties agree not to use this Award as a precedent and that this Award will in no way create a claim for flow-on of on-site wage rates and conditions.

16. Single Bargaining Unit

16.1 This Award was negotiated by the Labor Council of New South Wales on behalf of the Unions and by Moonfare Pty Ltd. in its own right and on behalf of the Employers.

17. Union Rights

The Parties to this award acknowledge the right of employees to be active union members and respect the right of the union to organize and recruit employees. 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.

17.1 Visiting Union Officials

(a) Where practicable, Union officials (party to this Award) when arriving onsite, shall call at the site office and introduce themselves to a Management representative of the Employer, prior to pursuing their union duties.

(b) Union officials shall produce their right of entry permits, if required, and observe the relevant Building Awards, the Occupational Health and Safety Act and Regulations, and other statutory/legislative obligations for entry to the site.

(c) 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.

(d) All such wages books and other payment records shall be made available within 48 hours on site or at another convenient, appropriate place, provided notice is given to the Employers and the Project Manager by the Union.

(e) Such inspections shall not take place unless there is a suspected breach of this Award, other appropriate Building Awards, Enterprise Agreements, the Industrial Relations Act 1996 (NSW), or other Employer Statutory requirements

17.2 Workplace Delegates

DEFINITION

In this clause the expression "delegate" means an employee who is the accredited representative of the Union at an employer’s work place, and if there is more than one delegate in respect of the workforce of that employer then the expression "delegate" means each and every such delegate so accredited by the Union in relation to that employer’s workforce.

(a) Rights of the Delegate

(i) 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.

(ii) 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.

(iii) 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:

moving a delegate to a workplace or work situation which prevents or significantly impedes communication with members;

changing a delegate’s shifts or rosters so that communication with workers is prevented or significantly impeded;

disrupting duly organised meetings.

(iv) 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:

at all stages in the negotiation and implementation of enterprise agreements or awards or other industrial instruments;

the introduction of new technology and other forms of workplace change;

Career path, reclassification, training issues; and to initiate discussions and negotiations on any other matters affecting the employment of members.

Ensuring that workers on site are paid their correct wages, allowances and other lawful entitlements.

To check with relevant industry schemes so as to ensure that superannuation, long service leave and redundancy has been paid on time.

(v) In order to assist the delegate to effectively discharge his or her duties and responsibilities, the delegate shall be afforded the following rights:

the right to reasonable communication with other delegates, union officials and management in relation to industrial matters, where such communication cannot be dealt with or concluded during normal breaks in work;

at least 10 days paid time off work to attend relevant Union training courses/forums;

paid time off to attend meetings of delegates in the industry, as authorized by the relevant union.

(vi) The employer of a delegate shall provide to the delegate the following:

a lockable cabinet for the keeping of records;

a lockable notice board for the placement of Union notices at the discretion of the delegate;

where practicable, i.e. on large sites, a union office;

where a union office room is not practicable, access to a meeting room;

use of the telephone for legitimate union business;

from existing resources, and when required access to:-

a word-processor, typewriter, or secretarial support at the workplace;

to personal computers (PC), CD ROM and E-mail and the Internet at the workplace;

a photocopier or facsimile machine.

(vii) 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 at the workplace.

17.3 Union Membership

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.

To assist in this process the Employer shall:

(a) If requested by the union, 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;

(b) Supply all employees with a union application form at the same time as employees are provided with their taxation declaration form;

(d) Ensure that all supervisors are trained in the provisions of the Project Award and the employer’s policy on union membership.

18. Australian Content

18.1 The Project Manager shall endeavour to maximise Australian content in materials and construction equipment on the Project where practical and feasible.

19. Protective Clothing

19.1 Employers will provide their Employees engaged on site with legally produced Australian made protective clothing and footwear on the following basis:

(a) Safety Footwear -

Appropriate safety footwear shall be supplied on commencement if not already provided, to all persons engaged on site and will be replaced on a fair wear and tear provided they are produced to the Employer as evidence.

(b) Clothing -

Two sets of protective clothing (combination of bib and brace or shorts, trousers and shirts) will be supplied to all persons after accumulated engagement on site of 152 hours or more and will be replaced once per calendar year as a result of fair wear and tear and are produced to the Employer as evidence.

Each person, after accumulated employment on site of 152 hours shall be eligible to be issued with warm bluey jacket or equivalent, which will be replaced once per calendar year on a fair wear and tear basis.

19.2 In circumstances where any Employee(s) of Employers are transferred to the project from another Project where an issue of equivalent clothing was made, then such Employee shall not be entitled to an issue to this Project until the expiry of the calendar year or on a fair wear and tear basis.

19.3 Employees who receive from their Employer an issue and replacement of equivalent clothing and/or safety footwear as part of the Employer’s policy or EBA shall not be entitled to the provisions of this clause

19.4 Employers will consult with the Labor Council of NSW to be provided with a list of Australia Manufacturers who do not use illegal or exploited labour in the manufacturing of their work clothes.

19.5 Notwithstanding anything else contained in this clause all Transport Employees/Contractors will be supplied with Safety Footwear, 1 set of Clothing and 1 Jacket prior to the commencement of work at the site. However the Company does not need to supply the above if the said Employee/Contractor has been issued with the clothing by the Principal Contractor within the previous twelve (12) months and the Principal Contrac tor can substantiate that fact.

20. Workers Compensation and Insurance Cover

20.1 Employers must ensure that all persons that they engage to work on the project are covered by workers compensation insurance.

20.2 Moonfare Pty Ltd. will audit Workers Compensation 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 authorised Union officials on request.

20.3 Employers and their Employees must comply with the following steps to ensure expedited payment of workers compensation:

(a) All Employees will report injuries to the project first aider and their supervisor at the earliest possible time after the injury

(b) 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.

(c) In cases where the Employee is unable to comply with the above, the relevant employer will assist in fulfilling requirements for making a claim.

20.4 Employers must ensure that they are aware of and will abide by Sections 63 to 69 of the Workers Injury Management and Workers Compensation Act 1998, which provide that:

(a) The Employer shall keep a register of injuries/site accident book in a readily accessible place on site;

(b) All Employees must enter in the register any injury received by the Employee. The Employer must be notified of all injuries on site immediately. The employer must notify the insurer within 48 hours of a significant injury;

(c) An Employer who receives a claim for compensation, must within seven (7) days of receipt, forward the claim or documentation, to their insurer;

(d) 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;

(e) An Employer who has received compensation money from an insurer shall forward such money to the person entitled to the compensation within three (3) working days;

20.5 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

20.6 The Employer will also complete the relevant accident notification form and send it to WorkCover.

21. Apprentices

21.1 As part of the Project’s commitment to industry training, a ratio of one apprentice/ trainee to every five tradespersons within each Employer’s workforce is to be maintained.

22. Training and Workplace Reform

22.1 The Parties are committed to achieving improvements in productivity and innovation through cooperation and reform. Employers are expected to demonstrate their commitment to develop a more highly skilled workforce by providing their Employees with career opportunities through appropriate access to training and removing any barriers to the use of skills acquired.

23. Project Death Cover

23.1 Moonfare Pty Ltd. will guarantee the beneficiary of any employee who dies as a consequence of working on the project will be paid a death benefit of $25,000. Such benefit shall be paid within fourteen (14) days of the production of appropriate documentation. This payment shall be in addition to any other entitlement that might be paid to the beneficiary as a consequence of the death of the employee.

24. Anti-Discrimination

24.1 It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

24.2 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 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.

24.3 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.

24.4 Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(d) a party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

24.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

NOTES

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

Nothing in this Act affects … any other act or practice of a body established to propagate 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.”

25. Personal/Carers Leave

25.1 Use of Sick Leave

(a) An Employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 25.1 (c)(ii) who needs the Employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, 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.

(b) The Employee shall, if required, establish either 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.

(i) the Employee being responsible for the care of the person concerned; and

(ii) 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 factor partner of that 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:

"relative" means a person related by blood, marriage or affinity;

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other: and

"household" means a family group living in the same domestic dwelling.

(d) 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 that person’s 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.

25.2 Unpaid Leave for Family Purpose

(a) 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 25.1 (c)(ii) above who is ill.

25.3 Annual Leave

(a) An Employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), 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.

(b) Access to annual leave, as prescribed in paragraph 25.3(a) above, shall be exclusive of any shutdown period provided for elsewhere under this Award.

(c) An Employee and Employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecuti ve annual leave days are taken.

25.4 Time-off in Lieu of Payment for Overtime

(a) 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.

(b) 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.

(c) If, having elected to take time as leave in according with paragraph 25.4(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

(d) Where no election is made in accordance with paragraph 25.4(a), the Employee shall be paid overtime rate s in accordance with the award.

25.5 Make-up Time

(a) An Employee 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, during the spread of ordinary hours provided in the award at the ordinary rate of pay.

(b) 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 a later time), at the shift work rate, which would have been app licable to the hours taken off.

25.6 Rostered days off

(a) An Employee may elect, with the consent of the Employer, to take a rostered day off at any time.

(b) An Employee may elect, with the consent of the Employer, to take rostered days off in part day amounts.

(c) 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.

(d) This subclause is subject to the Employer informing each Union which is both party to the Award and which 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 Unions to participate in negotiations.

26. Enterprise Bargaining Agreements

The parties to this award acknowledge that it is an objective of the unions that all contractors/sub-contractors including transport companies should have in place appropriate enterprise agreements with the relevant unions.

26.1 This Award is intended to operate in conjunction with, and as a supplement, to a subcontractor’s enterprise bargaining agreements.

26.2 The Parties agree to minimize 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).

26.3 All subcontractors will be encouraged to have enterprise bargaining agreements with the relevant unions.

26.4 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.

27. Observance of Award and Statutory Requirements

27.1 All contractors and subcontractors including transport companies shall abide by the conditions of relevant awards, and or enterprise bargaining agreements and all statutory obligations.

27.2 The parties agree that ‘all-in’ payment and or ‘cash-in-hand’ payments, (i.e. a payments designed to avoid tax, and statutory/EBA entitlements) and sham subcontract arrangements will not be accepted on site. Where such practices are identified they will be immediately stopped.

27.3 Moonfare Pty Ltd. in association with the accredited site union delegate will check monthly payments of subcontractors’ companies engaged on site superannuation, redundancy and extra insurance to ensure payments for employees have been made as required.

27.4 Each subcontractor engaged on site will be specifically advised and monitored in respect of payroll tax and required to comply with their lawful obligations.

27.5 When an employer receives a statement pursuant to Section 127(3) of the Industrial Relations Act of NSW they shall provide on request the union delegate on site with a copy of such statement within 7 days.

27.6 The union delegate or union official shall advise Moonfare Pty Ltd. if they believe the information which has been provided by the subcontractor is not correct.

ANNEXURE A

(Parties)

Part 1

EMPLOYERS:

Moonfare Pty Ltd.

Part 2

UNIONS:

Labor Council of New South Wales

Construction, Forestry, Mining and Energy Union (New South Wales Branch)

Communication Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing Division;

Electrical Trades Union of Australia, New South Wales Branch;

Transport Workers' Union of Australia, New South Wales Branch;

Automotive, Food, Metals Engineering Printing and Kindred Industries Union, New South Wales Branch (also known as AMWU).

ANNEXURE B

Authority to obtain from DIMA details of immigration status

I, (Family name)	(Given name(s))

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 a principal contractor and authorised trade
union officer on request.

I also understand 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:	Fax:


Please send or fax this form to:
The Department of Immigration and Multicultural
Affairs
Phone: (02) 9258 4730	Fax: (02) 9258 4763

ANNEXURE C

591 George Street

Target Programme Milestones

Milestone	Work Description	Target Date
1	Excavation complete	21/10/02
2	L2 Transfer Structure complete	4/02/03
3	Whole Structure complete	7/09/03
4	Tower Crane removal	22/11/03
5	Office Tower Handover	18/12/03
6	Whole Project Handover	11/03/04

Note:

1. The above ‘Target Programme Milestones’ are provided to generally achieve or better the original Contract Programme. It is acknowledged that these milestones, may be adjusted from time to time by the Monitoring Committee in order to reflect unavoidable project delays.

2. The first milestone assessment date shall be 21 October 2002, and regularly thereafter. Payments shall be made progressively on a weekly basis if it is agreed by the Monitoring Committee that the milestones for the project are being or have been met, in accordance with this Award.

3. If at any time, the Monitoring Committee cannot agree that the milestones are being or have been met, then Productivity Incentive Payments may be suspended until the matter is resolved in accordance with this Award.

M. J. WALTON J, Vice-President.

____________________

Printed by the authority of the Industrial Registrar.

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