BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1634)

SERIAL C1264

TOMAGO ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD 2002

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by The Australian Industry Group, New South Wales Branch, an industrial organisation of employers.

(No. IRC 2355 of 2002)

Before the Honourable Mr Deputy President Harrison

6 and 16 May 2002

AWARD

Arrangement

Clause No. Subject Matter

1. Title

2. Preamble

3. Parties to Consent Award

4. Definitions and Interpretation

5. Wages

6. Application and Scope of Consent Award

7. No Extra Claims

8. No Reduction Clause

9. Duration of Consent Award

10. Contract of Employment

11. On Site Register

12. Induction

13. Site Practices

14. Hours

15. Shift Work

16. Rest Period, Meal Allowances and Crib Time

17. Overtime and Special Work

18. Weekend Work

19. Public Holidays

20. Sick Leave

21. Parental Leave

22. Carer’s Leave

23. Bereavement Leave

24. Anti-Discrimination

25. Annual Leave Payment and Annual Leave Loading

26. Superannuation

27. Inclement Weather

28. Caravan Allowance

29. Living Away - Distant Work

30. Safety

31. First Aid

32. Occupational Health and Safety

33. Workers' Compensation

34. Fitness for Duty Policy

35. Top-Up/24 Hour Income Protection Insurance

36. Rehabilitation

37. Amenities

38. Plant and Equipment

39. Union Membership

40. Shop Steward/Delegates

41. Shop Stewards Meeting

42. Meetings of Employees

43. Joint Monthly Meeting

44. Settlement of Disputes

45. Community Standards

46. Temporary Electrical Installation

47. Testing Electrical Equipment

48. Entry to and Movement Within Construction Site

49. Termination Pay

50. Consent Award Not to be Used as Precedent

51. TAC-Construction Hand-Over - TAC Acceptance

Appendix 1 - Travel and/Or Living Away from Home Declaration

Appendix 2 - Sites Rules

Appendix 3 - Interface Agreements

Appendix 4 - Authority to Obtain from DIMA Details of Immigration Status

Appendix 5 - Building Trades Group of Unions Drug and Alcohol Safety Rehabilitation Program

1. Title

This consent award shall be known as the Tomago Aluminium Smelter AP22 Capacity Expansion Project Consent Award 2002

2. Preamble

The parties have mutually agreed that wages and conditions of workers engaged on construction work as specified above shall be set out herein and that this agreement shall be embodied in this consent award.

The parties are committed to the engagement of employees on a weekly basis and accordingly the use of casual employees and/or supplementary labour employees is to be kept to a minimum.

It is recognised by all parties from time to time that unions may be directed to involve their members in national, state wide or industry sector campaigns. Any such involvement to the extent that it breaches the award will not void this consent award, provided that the dispute resolution procedure prescribed in clause 44, Settlement of Disputes, including referral of any disputes to the Industrial Relations Commission, is adhered to by all parties. The parties are committed to resolving all disputes, including demarcation disputes, in accordance with the procedures set out under this consent award.

3. Parties to the Award

The parties bound by this award are:

(a) The Australian Industry Group, New South Wales Branch, on behalf of all contractors engaged on work which falls within the application and scope of this consent award.

(b) All employees of contractors engaged on work which falls within the application and scope of this consent award, whether members of the organisations listed in subclause (c) of this clause or not.

(i) The Labor Council of New South Wales

(ii) The Newcastle Trades Hall Council

(iii) The Australian Workers' Union, New South Wales

(iv) The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch

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

(vi) The Electrical Trades Union of Australia, New South Wales Branch

(vii) The New South Wales Plumbers and Gasfitters Employees’ Union

(viii) The Transport Workers’ Union of Australia, New South Wales Branch.

4. Definitions and Interpretation

In this consent award, except where the context otherwise requires:

(a) "Contractor" means any contractor, subcontractor or supplementary labour provider engaged on the site.

(b) "Construction Work" means work directly related to the construction and expansion in respect of the AP22 Capacity Expansion Project and/or any other work that is contracted to TAC-Construction by Tomago Aluminium Company Pty Limited during the life of this award.

(d) "Site" means that area known as the Tomago Aluminium Smelter AP22 Capacity Expansion Project Construction Site and in other areas of the existing plant where work is directly associated with construction and expansion in respect of the AP22 Capacity Expansion Project at the smelter and is work contracted to TAC-Construction by TAC.

(e) "TAC-Construction" means the Project Manager or its representatives.

(f) "Unions" and/or "Affiliated Unions" means unions affiliated with the Labor Council of New South Wales and/or the Newcastle Trades Hall Council as listed in subclause (c) of clause 3, Parties to Consent Award.

(g) "Peak Union Councils" means the Labor Council of New South Wales and the Newcastle Trades Hall Council.

(h) "AIG" means The Australian Industry Group, New South Wales Branch.

(i) "Employer" means any contractor or subcontractor, including a supplier of supplementary labour engaged on the site.

(j) "Employee" means an employee of a contractor or subcontractor, including a supplementary labour hire employee, engaged on the site and in receipt of the rates of pay and conditions of this consent award.

(k) Words importing the singular number shall include the plural number and words importing the plural number shall include the singular number.

(l) Words importing the masculine gender only shall include the feminine and neuter genders.

(m) Words importing persons shall include bodies corporate and trusts and words importing bodies corporate shall include natural persons.

(n) References to any statutory/award enactment shall include the same as amended and modified and any enactment repealing or replacing the same, from time to time.

5. Wages

The following wage rates shall apply from the beginning of the first full pay period commencing on or after the dates specified in Columns 1 - 4.

		1	2	3	4
Group	Classification	13/05/02	20/11/02	20/05/03	20/11/03
AA	Electrical Instrument Fitter
	Mechanical Plant Operator Groups F, G & H
	Mobile Cranes over 70 tonnes (add: $1.73
	for every 5 tonnes in excess of 90 tonnes)
	Tower Cranes
	Mechanical Tradesperson - Special Class	$918.80	$941.80	$965.30	$989.40
A	Tradespersons, Engineering and others
	Mobile Cranes up to 70 tonnes
	Mechanical Plant Operator C, D, & E
	Transport Worker Grades 6, 7 and 8
	Batch Plant Operator/Allocator	$875.00	$896.90	$919.30	$942.30
B	Riggers
	Agitator Driver
	Mechanical Plant Operator Groups A & B
	Field Sampler
	Concrete Tester
	Transport Worker Grades 4 & 5
	Dogmen
	Steel Fixers
	Concrete Finishers
	Scaffolders
	Clerk
	Labourers Group A & 2 (CFMEU)
	Labourers Group 3 & 4 (AWU)
	Ganger	$831.30	$852.10	$873.40	$895.20
C	Trades Assistant
	Labourer - Group 2 (AWU)
	Labourer - Group 3 (CFMEU)
	Crane Chaser
	Transport Worker Grades 1, 2 & 3
	Storeperson
	Survey Field Hand
	Steel Erector
	Field Clerk
	Lagger
	Asphalt Paver/Gang	$787.50	$807.20	$827.40	$848.10

(a) The rates prescribed in Groups AA, A, B and C are in substitution for those rates and allowances which, but for this consent award, would apply to employees of contractors engaged on the site and are for all purposes of this award.

Such rates shall only be varied during the term of the consent award in accordance with the schedule as set out above. The parties may, by agreement, include additional classifications within the groupings set out in this clause. Any dispute as to the appropriate grouping for a particular classification shall be dealt with in accordance with the provisions of clause 44, Settlement of Disputes.

(b) The rates of pay set out in subclause (a) of this clause do not include refractory allowance and towers allowance but are inclusive of amounts in lieu of over-award payments, industry allowance, construction allowance, fares and travelling (excluding excess fares where applicable) and site disability payments such as space, height, dirt, etc., award special rates such as confined space, wet work, etc., follow-the-job loadings, compensation for travel pattern mobility requirements, etc., inclement weather, wind, dust, etc., but exclude those allowances contained separately under this consent award.

Where any employee on any day performs two or more classes of work to which a differential rate fixed by this consent award is applicable, such person, if employed for more than four hours on the class or classes of work carrying the higher rate, shall be paid in respect of the whole time during which the employee works on that day at the same higher rate.

This rate shall be at the highest rate fixed by this consent award in respect of any such classes of work and, if employed for four hours of less on the class or classes of work carrying the highest rate, the employee shall be paid at such highest rate for four hours.

(d) Allowances

The following allowances shall be payable in addition to Group A rates where applicable for all purposes of the consent award:

(i) Specialist Skills - Electrical

Electrical employees who are qualified and required to perform such work shall receive the following all-purpose allowance:

Electrical Licence	$26.00
Electrical Special Class	$43.80
Electrical Instrument Fitter	$43.80
Instrument, Complex Systems	$43.80

(ii) Specialist Skills - Mechanical

Mechanical employees (as defined) who are qualified to project standards and are required to perform such work shall receive the following all purpose allowance:

Instruments	$43.80
Instrument, Complex Systems	$43.80

Other Allowances:

(iii) Tool Allowance

A tool allowance of $20.90 per week shall be paid for all purposes to all tradespersons.

(iv) Leading Hand Allowance

A person specially appointed to be a leading hand shall be paid an additional amount which shall form part of the employee’s weekly all purpose wage.

In charge of not more than one person	$11.40
In charge of two and not more than five persons	$26.60
In charge of six and not more than ten persons	$34.20
In charge of more than ten persons	$45.60

(v) First Aid Allowance

An employee who holds an appropriate first aid certificate and who is appointed by their employer as a first aid attendant shall be paid an additional allowance of $2.00 per day, such allowance to be paid for all purposes of this consent award.

(vi) Excess Fares and Travel

Employees who reside and travel by road for more that 50 kilometres from the site shall be paid a minimum travel time payment of 30 minutes each day. If the time spent travelling beyond 50 kilometres totals more than 30 minutes each day, then the additional time beyond the 30 minutes minimum is paid for in 15 minute increments.

Mileage of 40 cents per kilometre is payable to the driver of the vehicle required to travel more than 50 kilometres. This 40 cents per kilometre payment shall not apply where the company provides or offers to provide transport to and from site.

(vii) Refractory Bricklaying Allowance

Refractory Bricklayer	$1.33 per hour (all purpose)
Refractory Bricklayer’s Assistant	$1.14 per hour (all purpose)

(viii) Towers Allowance

An employee working on a chimney stack spire, cooling tower, water tower or silo, where the construction exceeds 15 metres in height, shall be paid, for all work above 15 metres, 43 cents per hour, with 43 cents per hour additional for work above each further 15 metres.

(ix) Plumbing Allowances

Plumbing Licence	$38.20
Plumbing Registration	$19.00

(e) Apprentices

The provisions of subclause (a) and paragraphs (iii) and (vii) of subclause (d) of this clause shall apply proportionately to all apprentices employed on the site and they shall be paid the appropriate percentage of the wage rate prescribed for Group A classifications as specified hereunder:

1st year	42%
2nd year	55%
3rd year	75%
4th year	88%

Apprentices who attend a TAFE course on a prescribed rostered day off shall be afforded an alternative day to be mutually agreed between the contractor or subcontractor and the apprentice concerned.

The parties to this consent award encourage contractors to adopt a ratio of one apprentice to five tradesmen as a minimum. However, no contractor is bound to employ additional apprentices if that decision would displace other employees already employed.

All contractors will, when engaging labour, give preference to apprentices from a union-approved community-based apprenticeship scheme, i.e. Hunter Group Training and Hunter Valley Training Company.

In relation to apprentices, existing industry practices shall prevail, including payment for time spent in training.

(f) Definitions

(i) "Electrical Instrument Fitter" means a tradesperson, not necessarily an electrical fitter, who is required to design, test and/or repair and maintain electrical and/or electro-pneumatic measuring and/or recording appliances and/or scientific instruments and/or electrical instruments.

(ii) "Mechanical Tradesperson - Special Class" means a mechanical tradesperson who is mainly engaged in any combination of installing, repairing and maintaining, testing, modifying, commissioning or fault-finding on complex machinery and equipment which utilises hydraulic and/or pneumatic principles and who, in the course of such work, is required to read and understand hydraulic and/or pneumatic circuitry which controls fluid power systems.

To be classified as a mechanical tradesperson - special class, a tradesperson will have:

(a) had a minimum of two years' on-the-job experience as a tradesperson working predominantly on fluid power systems as will enable the tradesperson to perform such work under minimum supervision and technical guidance; and

(b) satisfactorily completed a prescribed post-trades course or the achievement to the satisfaction of the employer of a comparable standard of skill and knowledge by other means, including in-plant training or on-the-job experience referred to in subparagraph (a) of this paragraph.

For the purpose of this definition:

(aa) "mainly engaged" means regularly over a period or intermittently during a week;

(bb) the following courses are deemed to be prescribed post trade courses:

Course	Syllabus Number
Victoria-
Industrial Hydraulics	AJ02A
Industrial Pneumatics	AJ03A
Fluid Power Technology	AJ04A
South Australia-	-
Hydraulic	-
Pneumatics	-
Fluid Power	-
Tasmania-
Industrial Pneumatics	85-461
Industrial Hydraulics	85-450
Queensland-
Service Course in Fluid Power	CN859
New South Wales-
Industrial Hydraulics	5721
Industrial Pneumatics	5268

6. Application and Scope of Consent Award

(a) This consent award shall apply to employees of contractors who are engaged on site. "Construction Work" referred to herein means construction work and/or modification work on plant which has been contracted to TAC-Construction.

(b) This consent award shall stand on its own and shall not, except as specifically provided for in this consent award, be affected by external wage or condition movements.

(c) For the purposes of this consent award, the site offices of TAC and TAC-Construction are excluded from the areas referred to in subclause (a) of this clause.

(d) All contractors shall observe the terms of this consent award. Where this consent award does not make specific provision, the appropriate parent award shall apply irrespective of whether or not there are weekly or hourly employees engaged as at the date of this consent award.

(e) This consent award shall not apply to statutory employees, employees and contractors of TAC security, supervisory, site catering or management and supervisory personnel and associated staff or to personnel engaged in deliveries to and from the site. The parties agree that this exclusion shall not apply to employees who, upon delivering materials and equipment from off site to the Project, perform construction work on the Project, e.g. employees who deliver scaffolding to the Project and who then erect the scaffolding are covered by this consent award in respect of the work performed on the Project.

(f) This consent award shall have no application to plant commissioning, operations or maintenance or to any work after turnover of plant to TAC or to any other activities for which TAC-Construction is not responsible.

(g) The parties to this consent award commit themselves to the achievement of efficiency and productivity during the course of the construction project and agree that no party will take any action which adversely affects the efficiency or productivity of the Project.

(h) All suspected breaches of this consent award shall be reported to TAC-Construction for immediate investigation. If found to be correct, such breaches will be immediately rectified.

7. No Extra Claims

It is a term of this consent award that the Peak Union Councils and their affiliated unions undertake that, for the period of this consent award as specified in clause 9, Duration of Consent Award, they will not pursue any extra claims, award or over-award. This includes claims relating to changes arising from award variations or decisions of the Australian Industrial Relations Commission or the Industrial Relations Commission of New South Wales, other than changes that are consistent with the terms of this consent award.

Where employees employed under this consent award on the Project are receiving terms and conditions greater than this consent award as a result of an enterprise agreement or other arrangement, this shall not be used as a basis of a claim by unions or employees of other contractors engaged on the Project.

Where an enterprise or certified agreement of a contractor expires during the term of this consent award, employees will continue to work normally under their existing enterprise or certified agreement and this consent award and shall be paid or afforded all additional benefits of any new or replacement enterprise or certified agreement retrospectively to the date of the new agreement.

8. No Reduction Clause

No reduction in either rates of pay or conditions of employment as at date of this consent award will occur as a result of the making of this consent award, provided that, where this consent award offsets parent award or enterprise or certified award conditions, the provisions of this consent award shall prevail.

9. Duration of Consent Award

This consent award shall operate from the first pay period on or after 13 May 2002 and shall remain in force until 20 February 2004.

10. Contract of Employment

(a) The contract of employment for all employees other than casual employees shall be by the week.

(b) For other than casual employees, either party shall give a week’s notice of termination of the employment engagement exclusive of accrued rostered days off or one week’s pay shall be paid or forfeited in lieu thereof.

(c) Applicants for positions on the Project shall be required to complete an Authority to Obtain from DIMA Details of Immigration Status (see Appendix 4) to authorise their potential employer to obtain from the Department of Immigration and Multicultural Affairs details of their immigration status. No person shall be allowed to undertake any work on the project unless it is verified they have the right to work. Copies of this authority shall be made available to the Labor Council upon request.

(d) A casual employee is employed on an hourly basis and paid as such with a minimum payment of four hours. Casual employees shall be paid a 20% casual loading in compensation for other benefits under this consent award to which a casual employee has no entitlement. The casual employee is entitled to pro rata redundancy payments as set out under clause 49, Termination Pay.

(e) Where casual employees are engaged on the Project, such engagement shall not exceed four weeks' duration. However, where agreement is reached between the parties to the award, then such engagement of a casual employee may be extended for a further two weeks. Agreement to such extension of engagement shall not be unreasonably withheld.

(f) Nothing in this clause shall affect the right of a contractor to dismiss an employee, without notice, for misconduct or refusing lawful duty.

(g) Nothing in this clause shall affect the right of a contractor to dismiss an employee for breaches of site rules, safety rules or regulations, subject to appropriate investigation having been made, counselling extended and the dispute settlement procedure being effectively processed.

(h) Nothing in this clause shall affect the right of an employee to pursue a claim for unfair or unlawful termination through the relevant State or Federal tribunal.

(i) A contractor may deduct payment for any day upon which an employee cannot be usefully employed because of any strike by or participation in any strike by any member of a union employed by the contractor or because of any strike by or participation in any strike by any other union, organisation or association or by any branch thereof, or by any members thereof who are employed by the contractor or, because of any stoppages of work (other than for site conditions within the allowance prescribed in clause 27, Inclement Weather), by any cause, including breakdown of machinery or failure/lack of power, for which cause the contractor is not responsible.

(j) A tradesperson shall be allowed one hour prior to termination to gather, clean, sharpen, pack and transport his/her tools.

11. On Site Register

TAC-Construction shall require that all contracts with contractors be in writing and include the following terms and conditions:

(a) The conditions contained within the consent award shall form part of such contracts and bind all such contractors.

(b) Contractors will be required to meet all statutory, award and legal obligations for their employees in addition to those binding under the consent award.

The Peak Union Councils will be kept advised of contractors coming on site. The contractors will ensure that employees hold the necessary qualifications to enable work to be performed in a safe and efficient manner.

The practice of all-in payments, cash-in-hand payments or pyramid contracting will not be tolerated on site.

All contractors shall supply a declaration that they will abide by the provisions of the consent award.

A register containing relevant information of every contractor and their employees engaged on site shall be kept by TAC-Construction. Prior to commencing work on site, each contractor and their employees must provide and certify as correct the following information:

From employees-

(a) name and address of employee;

(b) name and address of employer (contractor/subcontractor);

(d) induction date;

(e) union and ticket number (where applicable);

(f) superannuation scheme name and employee number;

(g) long service leave number;

(h) WorkCover ticket-permit numbers;

(i) ACIRT, MERT or other redundancy scheme number;

(j) CTAS or equivalent scheme number; and

(k) other information that may be reasonably required from time to time by either TAC-Construction or the Peak Union Councils.

Failure to comply or repeated breach with this clause may result in employees being removed from the site.

From employers-

(a) registered business name and address of employer and ACN/ABN number;

(b) workers' compensation policy number, underwriter and currency certificate;

(d) superannuation fund name and employer number;

(e) long service leave employer number;

(f) redundancy scheme details;

(g) CTAS or equivalent scheme number;

(h) rehabilitation particulars pursuant to WorkCover General Program Regulation 1988; and

(i) other information that may be reasonably required from time to time by either TAC-Construction or the Peak Union Councils.

Failure to comply or repeated breach with this clause may result in persons and/or contractors being removed from the site.

The relevant information will be provided by the contractors to TAC-Construction on a daily basis so that TAC-Construction can update the register. The information in the register will be available to the parties to this consent award on request.

12. Induction

(a) Contractors shall ensure that all of their employees conform to the requirements of the Occupational Health and Safety Regulation 2001, Chapter 8, Construction Work, Part 8.2-OH&S Training, and provide written confirmation to TAC-Construction prior to requesting a site induction.

(b) All employees shall, before entering the site area or commencing work on the site, attend and complete a Site Induction Program on safety rules and regulations, site rules (see Appendix 2) and this consent award.

(c) The program will be conducted at a central location by TAC-Construction on behalf of the contractors. TAC-Construction reserves the right to alter the duration of the program and to conduct further induction and/or refresher programs.

Each employee shall receive a Site Safety Booklet and a copy of this consent award and shall sign an acknowledgement of receiving same.

(d) After successful completion of the Site Induction Program, each employee shall be issued with a Project Identity Pass which will allow entry to and exit from the site.

The pass will bear a photograph of the employee together with other pertinent information contained in clause 11, On Site Register.

Should an employee lose their Project Identity Pass, they must immediately notify their employer, who will in turn immediately notify TAC-Construction. A replacement pass will be available at a charge of $10.00 to the contractor.

13. Site Practices

(a) All persons on site will be required to conform to the Site Safety Practices as outlined in the Site Safety Booklet and all relevant site safety statutes applicable in New South Wales. The Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 shall be strictly observed on site.

(b) All employees shall be conversant with this consent award and, if necessary, ask their respective union officials to explain, and further:

(i) No alcohol is permitted on the site at any time.

(ii) No narcotic drugs of addiction, non-prescribed drugs or illegal substances are permitted on site at any time.

(iii) The parties to this consent award are encouraged to adopt the Construction Industry Drug and Alcohol Policy (see Appendix 5) as a guide when dealing with such problems on site.

(d) All employees shall be required to conform with the safety rules and regulations and site rules as specified.

14. Hours

(a) Except as provided elsewhere in this consent award, the ordinary working hours shall be 38 consecutive hours each Monday to Friday inclusive, between the hours of 6.00 a.m. and 6.00 p.m., with the first 0.4 of an hour of each day worked, plus 0.4 of an hour for each day on paid leave, accruing as an entitlement to be taken, except as specified in paragraph (v) of subclause (d) of this clause, on the fourth Monday in each cycle as a paid day off, as though worked.

Provided further that up to five rostered days off may be accrued by agreement between the contractor and the employee and must be taken during the course of the job.

(b) There shall be a cessation of work and of working time for the purpose of a meal on each day of not less than 30 minutes, to be taken between noon and 1.00 p.m., subject to operational demands.

(c) Notwithstanding the provisions of subclauses (a) and (b) of this clause, where it is established custom and practice for a contractor and his or her employees to work ordinary hours of work within an alternative spread of hours, e.g. 5.00 a.m. to 5.00 p.m., and take an alternative meal break, that established custom and practice may apply on site on the approval of the TAC-Construction Manager.

(d) The method of payment for hours worked, paid leave, etc., shall be as follows:

(i) Normal Working Days

An employee shall be paid the daily rate for working the eight ordinary hours on a normal working day. The daily rate shall be calculated by dividing the ordinary weekly wage by five.

Where an employee works part of the ordinary hours on a normal working day, they shall be paid at the hourly rate for the time worked, less 0.4 of an hour.

(ii) Sick Leave

An employee absent on paid sick leave shall be paid for each day absent at the daily rate. Where an employee is absent on paid sick leave for part of a day, they shall be paid at the hourly rate for such time absent, i.e. the difference between time worked and eight hours.

Where an employee is off for part of a day on paid sick leave, their sick leave credit in respect of that day shall be the difference between 7.6 hours and the time that they were paid sick leave, e.g. an employee has ten days' accumulated sick pay and takes four hours off on sick pay: their accumulated sick leave would therefore become nine days 3.6 hours.

The sick leave credits prescribed in this award shall be converted from hours to days on the basis of each eight hours credit becoming one day's sick leave or portion thereof.

(iii) Public Holidays and Other Paid Leave

An employee absent on public holidays or other paid leave shall be paid the daily rate of each day of absence, provided always that the employer shall be obliged to pay no more 38 hours per week ordinary time.

An employee entitled to four weeks' annual leave shall be paid, in addition to their annual leave, an annual leave loading and payment of their accrued entitlement for the rostered prescribed day off that would have otherwise been due if they had not been on annual leave.

(iv) Prescribed Rostered Day Off

For the prescribed rostered day off, an employee shall be paid the daily rate less 0.4 of an hour for each day the employee did not attend for work because of an absence of unpaid leave during the 19 day cycle.

An employee who works for part of a 19 day cycle on the site (as defined in subclause (a) of this clause) and part of the cycle at another work location of the same employer shall be entitled to receive payment at the rate applicable under this consent award for the proportion of time worked on the site when payment is made to such employee in respect of their rostered day off.

New Employees

A new employee on site shall take the rostered day off and be paid a pro rata payment for the prescribed rostered day off, calculated on the basis of 0.4 of an hour's pay for each day worked within the cycle and for each other day on which the employee has been absent on paid leave. However, as provided by this clause, up to five rostered days off may be accrued by agreement between the contractor and the employee and must be taken during the course of the job.

(v) Working on the Prescribed Rostered Day Off

The accrued rostered day off shall be taken as a paid day off, provided that this day may be worked where that is required by the employer and such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to the Project or a section of it or for other reasons arising from unforeseen or emergency circumstances on the Project, in which case, in addition to accrued entitlements (i.e. leave accrued may not be discharged by payment in lieu), the employee shall be paid for work performed in ordinary hours the penalty rates and provisions for Saturday work only. Any proposed work on rostered days off where possible shall be notified to the unions whose members are intended to carry out the proposed work. Such notification shall be provided not later than on the last normal working day prior to the rostered day off. This clause shall not apply where rostered days off are accrued as provided by subclause (a) of this clause.

(vi) Overtime Rates

All time worked outside the ordinary working hours outlined in subclauses (a), (b) and (c) of this clause shall be paid at the rate of time and one half of the first two hours and double time thereafter.

(vii) Termination of Employment

In addition to all other entitlements (pro rata annual leave, annual leave loading, etc.), the employee shall be entitled to a pro rata payment of 0.4 of an hour's pay for each ordinary day worked and for each other day that the employee was absent on paid leave within the 19 day cycle.

15. Shiftwork

The following conditions shall apply to employees engaged on shiftwork.

(a) For the purposes of this clause:

"Afternoon Shift" means a shift finishing at or after 9.00 p.m. and at or before 11.00 p.m.

"Night Shift" means a shift finishing at 11.00 p.m. and at or before 7.00 a.m.

"Morning Shift" means a shift finishing after 12.30 p.m. and at or before 2.00 p.m.

"Early Afternoon Shift" means a shift finishing after 7.00 p.m. and at or before 9.00 p.m.

(b) Provided that the employee is employed continuously (inclusive of public holidays) for five shifts Monday to Friday, the following rates shall apply:

Afternoon and night shift - ordinary time plus 50%.

Morning and early afternoon shifts - ordinary time plus 25%.

(i) A broken shift is any shift that does not continue for five consecutive working days Monday to Friday.

(ii) All hours worked on broken shifts shall be paid as though they were overtime hours, excepting where the reasons for a broken shift eventuating are as a result of employee actions or reasons.

(d) An employee shall be given at least 48 hours' notice of a requirement to work shift work.

(e) The hours of shift workers, when fixed, shall not be altered except for breakdowns or other causes beyond the control of TAC-Construction/contractors, provided that notice of such alteration shall be given to the employee not later than ceasing time for the previous shift.

(f) For all work performed on a Saturday, Sunday or holiday the provisions of clause 17, Overtime and Special Work, shall be applicable in lieu of the rates prescribed in this clause.

(g) Work in excess of shift hours, Monday to Friday, other than holidays, shall be paid for at double time, provided that these rates shall be based, in each case, on ordinary hours.

(h) Shift work hours shall be worked between Monday to Friday inclusive, provided that an ordinary night shift commencing before, and extending beyond, midnight Friday shall be regarded as a Friday shift.

16. Rest Period, Meal Allowances and Crib Time

(a) There shall be allowed, without deduction of pay, a rest period of ten minutes mid-morning and mid-afternoon. This may be varied by agreement between TAC-Construction, contractors and the unions.

(b) Where an employee is required to work overtime for at least one and a half hours after working ordinary hours, they shall be paid by the employer an amount of $9.30 to meet the cost of a meal. This provision shall not apply to an employee who is provided with board and lodgings and provided with a suitable meal. Where an employee is required to work overtime after the usual ceasing time of the day or shift for two hours or more, they shall be paid by the employer an amount of $17.90 to meet the cost of a meal in lieu of any other applicable meal allowances and crib times, and thereafter, after each four hours of continuous work.

(c) No apprentice under the age of 18 years shall be required to work shift work unless they so desire. No apprentice shall, except in an emergency, work or be required to work shift work at times which would prevent their attendance at TAFE College, as required by any statute, award or regulation applicable to them.

(d)

(i) An employee who works overtime between the termination of ordinary work and the commencement of ordinary work on the next day and has not had at least ten consecutive hours off duty between these times and who, if on the instructions of their employer, resumes or continues to work without having had such ten consecutive hours off duty, shall be paid at double rates until released from duty for such period and shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(ii) An employee who works continuously (except for meal and crib times allowed by this award) for 20 hours shall not be required to continue at or recommence work for at least 12 hours.

17. Overtime and Special Work

(a) All contractors shall require their employees to work reasonable overtime.

(b) All time worked beyond the ordinary time of work as prescribed in clause 14, Hours, shall be paid for at the rate of one and a half times ordinary rates for the first two hours thereof and at double time thereafter.

(c) An employee recalled to work overtime after leaving their employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the appropriate rates for each time so recalled, provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job they were recalled to perform is completed within a shorter period. This subclause shall not apply in cases where it is customary for an employee to return to their employer's premises to perform a specific job outside their ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

(d) If an employer requires an employee to work during the time prescribed by clause 14, Hours, for cessation of work for the purpose of a meal, the employer shall allow the employee whatever time is necessary to make up the prescribed time of cessation and the employee shall be paid at the rate of double time for the period worked between the prescribed time of cessation and the beginning of the time allowed in substitution for the prescribed cessation time, provided that the employer shall not be bound to pay in addition for the time allowed in substitution for the said cessation time.

(e) No apprentice under the age of 18 years shall be required to work overtime unless they so desire. No apprentice shall, except in an emergency, work, or be required to work, overtime at times which would prevent attendance at TAFE College, as required by any statute, award or regulation applicable to them.

(f) When an employee, if they have not been regularly rostered and not given 24 hours' notice of their requirement to work overtime, after having worked overtime, finishes work at a time when reasonable means of transport are not available, the employer shall provide them with a conveyance to their home or to the nearest connecting public transport.

18. Weekend Work

(a) Overtime work on Saturday shall be paid for at the rate of time and a half for the first two hours and double time thereafter, provided that all overtime worked after 12 noon on Saturday shall be paid for at the rate of double time.

(b) All time worked on Sunday shall be paid for at the rate of double time.

(c) An employee required to work overtime on a Saturday or to work on a Sunday shall be afforded at least four hours' work at the appropriate rate.

(d) An employee working overtime on Saturday or working on a Sunday shall be allowed, without deduction of pay, a rest period of ten minutes mid-morning and mid-afternoon. This may be varied by agreement between TAC-Construction, contractors and the unions.

(e) An employee working overtime on a Saturday, or working on a Sunday, shall be allowed a crib time of 20 minutes after four hours' work without loss of pay, but this provision shall not prevent any arrangements being made for the taking of a 30 minute meal period, the time in addition to the paid 20 minutes being without pay.

In the event of an employee being required to work in excess of a further four hours, they shall be allowed to take a crib time of 30 minutes without loss of pay.

19. Public Holidays

(a) An employee shall be entitled to the following holidays without deduction of pay, provided that, if any other day be, by a State Act of Parliament or State Proclamation, substituted for any of the said holidays, the day so substituted shall be observed:

New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, Newcastle Show Day.

Picnic Day - first Monday in December and one other additional day to be agreed between TAC-Construction and the unions

(b) Where an additional or substituted public holiday is proclaimed by Order in Council or otherwise gazetted by authority of the Australian or New South Wales Government under any Act throughout New South Wales or part thereof, such day shall, within the defined locality, be deemed to be a holiday for the purposes of this consent award, provided that an employee shall not be entitled to the benefit of more than one holiday upon such occasion.

(i) An employer who terminates the employment of an employee except for reasons of misconduct or incompetence (proof of which shall lie upon the employer) shall pay the employee a day's ordinary wages for each holiday which falls within ten consecutive days after the day of termination.

(ii) Where any two or more of the holidays prescribed in this consent award occur within a seven day span, such holidays shall, for the purposes of this consent award, be classed as a group of holidays. If the first day of the group of holidays falls within ten working days after termination, the whole group shall be deemed to fall within the ten consecutive days, e.g. Christmas Day, Boxing Day and New Year's Day shall be regarded as a group.

(iii) No employee shall be entitled to receive payment from more than one employer in respect of the same public holidays or group of holidays.

(iv) An employee who has worked as required by their employer the working day immediately before and the working day immediately after such a holiday, or is absent with the permission of their employer, or is absent with reasonable cause, shall be entitled to payment for the public holiday. An absence arising by termination of employment shall not be reasonable cause.

(d) All employees shall, as far as practicable, be given and shall take Picnic Day on the first Monday in December and shall therefore be paid eight hours' work at the rate of pay prescribed in clause 5, Wages.

(i) Any employee required to work on this day shall be paid at the rate of double time and a half, provided that an employee who attends for work as required on this day shall be paid for not less than four hours' work

(ii) Where a parent award so provides, an employer shall require from an employee evidence of their attendance at the picnic and production of proof of evidence issued for the picnic shall be sufficient evidence of such attendance. Where such evidence is requested by the employer, payment need not be made unless the evidence is produced.

(iii) It is agreed between the parties that no employee shall be required to work on Picnic Day other than in the circumstances of an unforeseen emergency arising.

(e) All work performed on any of the holidays prescribed in this clause or substituted in lieu thereof shall be paid for at the rate of double time and a half.

(f) An employee required to work on a holiday shall be afforded at least four hours' work or paid for four hours at the appropriate rate.

20. Sick Leave

An employee who is absent from their work on account of personal illness or injury, other than that covered by workers' compensation, shall be entitled to leave of absence, without deduction of pay, provided that:

(a) Within 24 hours of the commencement of such absence, the employee shall inform the employer of their inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

(b) The employee shall prove to the satisfaction of their employer that they were unable on account of such fitness or injury to attend for duty on the day or days for which sick leave is claimed.

(c) An employee during their first year of employment with an employer shall be entitled to sick leave entitlement at the rate of one day on one calendar month from the first day of employment and one day on the first of each calendar month for the following nine months.

Provided that an employee who has completed one year of continuous employment shall be credited with a further ten days' sick leave entitlement at the beginning of their second and each subsequent year which, subject to subclause (g) of this clause, shall commence on the anniversary of engagement.

(d) In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only, such employee, if in the year they have already been allowed paid sick leave on two occasions for one day only, shall not be entitled to pay for the day claimed unless they produce to the employer a certificate of a duly qualified medical practitioner certifying that the employee was unable to attend for duty on account of personal injury or fitness.

An employer may agree to accept from the employee a statutory declaration stating that the employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate.

Nothing in this subclause shall limit the employer's right under subclause (b) of this clause.

(e) Sick leave with an employer shall accumulate from year to year so that any balance of the period specified in subclause (c) of this clause which in any year has not been allowed to an employee by that employer as paid sick leave may be claimed by the employee and, subject to the conditions herein prescribed, shall be allowed by that employer in a subsequent year, without diminution of the sick leave prescribed in respect of that year.

Sick leave which accumulates pursuant to this subclause shall be available to the employee for a period of ten years from the end of the year in which it accrues but for no longer.

(f) Any sick leave for which an employee may become eligible under this award by reason of service with an employer shall not be cumulative upon sick leave for which the employee may become eligible by reason of subsequent service with another employer.

(g) If an employee is terminated by their employer and is re-engaged by the same employer within a period of six months, then the employee's unclaimed balance of sick leave shall continue to accrue from the date of re-engagement.

The period of interruption shall not be counted as service for the purposes of sick leave.

21. Parental Leave

Employees shall be entitled to parental leave in accordance with the Industrial Relations Act 1996.

22. Carer’s Leave

(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 subparagraph (ii) of paragraph (c) of this subclause, 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 provided for in clause 20, 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.

(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) a spouse of the employee; or

(b) 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

(c) a child or an adult child (including an adopted child, a stepchild, 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

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

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

(2) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

(3) "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.

(2) Unpaid Leave for Family Purpose

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 subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

(3) Annual Leave

(a) An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, 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 (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this consent 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 consecutive annual leave days are taken.

(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 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 accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

(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 the shift work rate which would have been applicable to the hours taken off.

(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 rostered day off flexibility and providing a reasonable opportunity for the union(s) to participate in negotiations.

23. Bereavement Leave

(a) An employee shall, on the death within Australia of a person prescribed in paragraph (c) of subclause (1) of clause 22, Carer's Leave, be entitled on notice to leave up to and including the day of the funeral of such relation (or, where made necessary because of travel arrangements, the day after the funeral). Provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

(b) Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days of work.

(d) Bereavement leave may be taken in conjunction with other leave available under clause 22, Carer's Leave. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

Provided that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement of leave.

24. Anti-Discrimination

The company shall not discriminate on the basis of sex, marital status, pregnancy, age, race, religion, colour, national origin, disability, political conviction, homosexuality, transgender identity and responsibilities as a carer.

Entry into the company, selection for specific jobs and career progression will be determined by personal merit and criteria related to the effective performance of the job.

(a) It is the intention of the parties bound by this consent 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 grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

(b) It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed in clause 44, Settlement of Disputes, 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 consent award which, by its terms or operation, has a direct or indirect discriminatory effect.

(c) 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.

(d) Nothing in this clause is to be taken to affect:

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

(ii) offering or providing junior rates of pays to persons under 21 years of age;

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

(iv) a party to this agreement from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

(e) 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:

(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 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."

25. Annual Leave Payment and Annual Leave Loading

(a) Each employee, before going on annual leave, shall be paid in advance the wages which would ordinarily accrue to them during the currency of annual leave.

(b) In addition to the payment prescribed in subclause (a) of this clause, an employee shall receive during a period of annual leave loading for each week of annual leave.

An employee who applied for their annual leave whilst engaged on this site shall be entitled to any benefits applicable to such annual leave contained in this consent award. If their employer transfers the employee to another location for a period not exceeding one month, this clause shall apply.

Any benefits shall be on a pro rata basis for period worked on this site for each week's annual leave due.

(c) The loading prescribed above is calculated on the basis of 20.4% of the group wage rates set out in clause 5, Wages, and, if those rates are further increased as a consequence of the provisions of subclause (a) of clause 5, the annual leave loading shall also be increased by the same percentage formula and from the same date as the wage rate is increased.

(d) The loading prescribed above shall also apply to proportionate leave due to an employee whose services are terminated by an employer through no fault of the employee.

(e) Except as provided in subclause (d) of this clause as to the payment of loading on proportionate leave on termination, the provisions of the appropriate parent award shall apply.

26. Superannuation

(a) Employees of contractors and subcontractors covered by this consent award shall, whilst they are engaged on this site, be covered by an appropriate superannuation scheme such as C + BUS or other union-approved superannuation schemes.

(b) Construction work to be performed under this consent award falls under the definition of construction work contained in the Trust Deed or Deed of Adherence of the C + BUS Superannuation Scheme.

(c) Contractors shall contribute $75.00 per week on behalf of employees into a recognised industry scheme. From the first pay period commencing on or after 20 May 2003, this amount shall increase to $80.00 per week.

(d) Provided that such contribution shall not be in addition to any contributions made in accordance with legislation or an enterprise agreement.

27. Inclement Weather

Employees of contractors and subcontractors shall be employed on a weekly basis, provided that this shall not affect the engagement of casual or temporary employees.

The inclement weather provisions of the National Building and Construction Industry Award 2000 shall apply in respect of all employees engaged under the provisions of this consent award.

Where employees under a weekly contract of employment feel that they are experiencing inclement weather conditions, they should approach their Site Management, who shall consult with the employees and inspect work areas. Site Management shall consult with the TAC-Construction Manager to ensure that the provisions and intent of this clause are being applied in a consistent manner to the project in total. Site Management will then decide whether the employees should or should not cease work and return to their site amenity huts or relocate to unaffected areas. No employee shall have the right to cease work or leave the site without the permission of their Site Management.

28. Caravan Allowance

(a) A caravan allowance of $147.00 per week or $21.00 per day or the cost of the caravan site, whichever is the greater, shall apply to an employee who resides in a caravan (either owned or rented) for the purpose of following their employment from site to site, providing that:

(i) The employee has been directed by their employer to reside in a caravan in order to work at the employer's site; or

(ii) The employee elects to reside in the caravan because it is impracticable to travel to and from the employer's site and their original place of residence.

NOTE: The employee's original place of residence shall be taken to mean their residence immediately prior to becoming a caravan dweller.

The employee, having established at the commencement of employment at a particular site that they are not a caravan dweller, will not be eligible for the benefits of this clause whilst working at that site.

(b) The caravan allowance shall take into account all expenses incurred by the employee in connection with their occupation of the caravan and shall not be wages for the purposes of this consent award.

(d) This allowance payable pursuant to subclause (a) of this clause shall be in substitution for and not additional to any payment otherwise due pursuant to Country Work or Camping Area clauses of the Plant, &c., Operators on Construction (State) Award published 16 November 2001 (329 I.G. 625), as varied, provided that the employee shall not be entitled to the allowance prescribed in subclause (a) of this clause for any working day in which they are absent from duty except in cases of sickness or for any reason beyond their control.

(e) This clause will not apply to any employee whose employer is paying an allowance for the use of the employee's caravan following custom and practice or agreement under conditions not less favourable than the provisions of this clause.

29. Living Away - Distant Work

(a) Entitlement

(i) The employer shall provide a distant worker with either reasonable board and lodging at no cost to the employee or pay the living away from home allowance when employed on a construction site at such distance from their usual place of residence that they cannot reasonably return each night or as otherwise defined in the employee's parent award.

(ii) The employer shall provide an itinerant worker with acceptable board and lodging at reasonable cost.

(b) Procedure

(i) The employer shall advise applicants for employment of their entitlement under this clause at the time of the interview.

(ii) The employer shall determine whether the employee is correctly defined as a "distant worker", "itinerant worker" or "local worker". The appropriate definition shall be shown on the employee's records when the employee completes the Travel and/or Living Away From Home Declaration (see Appendix 1) made at the pre-employment interview.

(iii) Any employer shall not, under any circumstances, attempt to persuade or induce applicants for employment to provide a local address as their usual place of residence in an effort to avoid the employer's obligations under this clause.

Disputes arising from application of this clause will be subject to resolution in accordance with clause 44, Settlement of Disputes. In the event of a dispute all relevant documentation will be made available to the tribunal dealing with the matter.

(d) Definitions

(i) "Distant Worker" means an employee who has provided satisfactory evidence that, due to engagement on the site, they are unable to reasonably return home each right or as otherwise defined in the relevant award.

(ii) "Itinerant Worker" means an employee with no fixed address.

(iii) "Usual Place of Residence"

(a) The employer shall obtain, and the applicant for employment shall provide, a statement in writing of residence at the time of engagement, provided that documentary evidence of the applicant's usual place of residence, such as motor vehicle driver's licence, may be provided and accepted in lieu of the statement in writing.

(b) The employee's usual place of residence and not the place of employment shall determine the applicability of this clause.

(c) An employee shall notify the employer in writing of any subsequent change to their usual place of residence. No subsequent change to an employee's usual place of residence shall entitle an employee to provisions of this clause, unless the employer agrees.

(iv) "Reasonable Board and Lodging" means lodging in a well-kept establishment with three adequate meals per day, adequate furnishing, good lighting and heating and hot and cold running water, in a single room or a twin room if a single room is unavailable.

(v) "Living Away from Home Allowance" means an allowance payable weekly. Such allowance shall not be wages, provided that, in the case of broken parts of a week occurring at the beginning or end of employment, the allowance shall be divisible by seven.

A living away from home allowance of $441.60 per week of seven days shall apply where an employee has satisfied the requirements of this clause.

Provided further that, if the employee satisfies the employer that they reasonably incurred a greater outlay that any prescribed, the allowance shall be increased to match the outlay.

The allowance payable pursuant to this paragraph shall be in substitution for additional payments provided to employees for travel to and from the Project, i.e. payments available under paragraph (vi) of subclause (d) of clause 5, Wages.

30. Safety

The Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 shall be the means by which safety matters will be addressed on this project. Conditions of implementation not specified in the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 shall be observed as set out in TAC-Construction's Safety Rules and Regulations.

(a) It is also accepted by the parties to this consent award that the procedures of the Building Industry Safety Codes shall be the procedures by which safety matters are handled and, whilst these are being followed, there shall be no stoppage of work in respect of the matter being considered, except in the area or matter under consideration.

(b) A Safety Committee, consisting of a TAC-Construction representative and one alternate TAC-Construction member, four elected employee representatives and three appointed contractors' representatives, shall be formed and will operate in accordance with the provisions of the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001.

Frequency of site safety inspections and other matters pertinent to the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 will be determined by the Safety Committee in consultation with TAC-Construction.

(c) Each employer shall provide to their employees all appropriate safety equipment free of charge as necessitated by the tasks in accordance with any existing regulation(s) or regulation(s) implemented during the life of the consent award.

(d) Rectification Work

Contractors shall engage qualified personnel and/or subcontractors for the purpose of performing hazard prevention and rectification work such as erecting handrails and toeboards around the perimeter of floors, openings, penetrations, up stairways, covering up openings, fixing of ladders, building walkways, ramps, etc.

(e) Scaffolding/Formwork

Employees carrying out scaffolding/formwork duties must be in possession of the appropriate Certificate of Competency issued by the New South Wales Department of Industrial Relations and Employment.

31. First Aid

(a) An emergency vehicle will be located on site at all times.

(b) First aid boxes shall be provided by contractors as required in accordance with the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001.

(c) Contractors shall make provision in accordance with the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 as to the provision of personnel in administering this obligation under the said Act.

32. Occupational Health and Safety

(a) A comprehensive Safety Management Plan for the Project will be developed, implemented and communicated by the Project Manager and contractors.

The provisions of the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 or their successors shall apply to and regulate all work covered by this consent award.

A first aid room, complying with the Act, regulations and industry standards, will be provided.

(b) Upon commencement on the Project, employees will be issued with the following protective clothing, equipment and footwear:

(i) One pair of approved safety footwear.

(ii) For employees who are assigned to the project for more than one month, two pairs of standard-issue long pants and two standard-issue long-sleeved shirts or two pairs of long-sleeved overalls. Shirts and overalls shall have high visibility day/night glowtape attached front and back in accordance with "Clutha Pattern". Colour to be advised by TAC-Construction.

(iii) One white hard hat (with substantial add-on shade ‘brim’) designating the employee’s employer and name.

(iv) One pair of approved safety glasses (either tinted or non-tinted - employee choice). Employees with prescription glasses will be issued with monogoggles or have their prescription safety glasses face-hardened (employee choice).

(v) Each employee on commencement of employment on site shall be eligible to be issued with one "bluey" type warm jacket which will be issued between 1 May and 1 September.

It is a condition of issue and of employment that the issued equipment shall be worn whilst on site. Replacement of issued equipment that is lost by the employee is the responsibility of the employee.

An employee who resigns within three months of receiving the issue may have the pro rata cost withheld from their final pay.

Hard hats, safety glasses and safety footwear must be worn at all times other than whilst in offices and crib sheds.

Replacement of any articles shall be on the basis of fair wear-and-tear, provided that the worn-out item is produced for replacement. An employee who loses parts of the issue will be required to purchase necessary replacements.

Where an employee transfers:

(i) to the Project with the same employer; or

(ii) between Project employers;

and has already received an issue of approved protective safety footwear, they will only be eligible for any re-issue on the basis of fair wear-and-tear provided the worn-out item is produced for replacement.

Employees who receive their issue of protective safety footwear as part of their employer’s policy will not be entitled to additional issues under this clause.

The employer shall issue, on a loan basis, all safety equipment and protective clothing necessary for specific work tasks. Requisite safety equipment shall be worn.

The employer shall make available sunscreen (SPF 30+) and mosquito repellent for personnel engaged in outside work.

(c) Where an individual who has been issued with required protective safety equipment, including safety footwear, helmets, harnesses and adequate clothing, is found not to be wearing same on the job, then such employee shall be counselled in the presence of the Site Safety Committee elected representative.

Further infractions in relation to the non-wearing of the said protective equipment referred to in this clause shall result in the individual being required to show cause to the Site Safety Committee why the said individual should not be removed from the site.

Exemption from this clause is to be from the recommendation of the Site Safety Committee only.

33. Workers' Compensation

TAC-Construction shall instruct all contractors that it is a term and condition of their contract that they shall ensure that all workers they engage to work on the site are covered by New South Wales Workers' Compensation Insurance and are aware of their responsibilities under the legislation which is current at the time. Proof of such insurance will be required by TAC-Construction (see clause 11, On Site Register).

TAC-Construction shall instruct all contractors that it is a term and condition of their contract that, provided an injured worker (or their representative if the injured worker is unable to do so) reports an injury and complies with claims requirements and the insurer and employer are satisfied that such injury is compensable, the employer shall pay to the injured worker the back payments within two days of acceptance of liability and weekly payments of compensation will thereafter be made on normal pay days.

The employer will provide all necessary information to the insurer within 24 hours of the injury occurring or their being notified of a possible claim for workers' compensation.

In all other respects the provisions of the Workers' Compensation Act 1987 (as amended) will apply.

TAC-Construction must be immediately notified of all accidents on site. All contractors and employees must ensure all injuries are reported in both the employer's Accident Book and the Site Accident Book.

34. Fitness for Duty Policy

Under no circumstances will any employee affected by alcohol and/or affected by any other drug be permitted to work and/or operate any equipment on the Project. Supervisors will be responsible for reporting such incidents.

If an employee is affected by alcohol or any other drug and is sent home to recover, they will not be paid for the lost time. Incidents concerning drugs or alcohol shall be dealt with in accordance with the Building Trades Group of Unions Drug and Alcohol Safety Rehabilitation Program (see Appendix 5).

Further, the parties agree that no alcohol/drugs will be permitted on the Project.

Consultation with the relevant Site Safety Committee or Company Consultative Committee will take place to review and monitor this policy and compliance.

35. Top-Up/24 Hour Income Protection Insurance

Each employer shall provide Top Up/24 Hour Income Accident Insurance with the CTAS or other scheme with comparable benefits, provided the rates for the comparable scheme are also comparable, to provide cover of up to $1,200.00 per week with a 21 day waiting period for any claims.

36. Rehabilitation

In accordance with the WorkCover General Program Regulation 88 (as amended), TAC-Construction and contractors will implement their respective rehabilitation policies.

37. Amenities

(a) Amenities as prescribed in the relevant consent award and/or legislation and WorkCover codes are to be provided.

(b) All lunch sheds shall contain reverse cycle air-conditioning.

(d) Outside/inside hand washing.

(e) Each contractor shall ensure that amenities are provided and comply with subclauses (a), (b), (c) and (d) of this clause.

(f) Hot and cold water shower block(s).

(g) Hot and cold water in toilet blocks.

38. Plant and Equipment

(a) All mobile plant and equipment shall, prior to commencement of work on site, be certified and have a certificate of currency as complying with the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001.

(b) Every part of the structure, working gear and anchoring and fixing of every crane, joist and scaffolding winch and of all other hoisting machines, ropes and slings, whether metal or non-metal, and gear shall, as far as is reasonable practicable, be examined in position by a competent person:

(i) at least once in every month; or

(ii) at such more frequent intervals as are necessary to ensure that the hoisting machine or gear is in safe working order (Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001).

(c) A competent person shall inspect all chains, ropes, slings and other gear used for hoisting or lowering or as a means of suspension:

(i) at least once every month; or

(ii) at such more frequent intervals as are necessary to ensure that the scaffolding is safe.

(d) A report signed and dated by the competent person (as defined above) shall be lodged with TAC-Construction immediately following such inspection at intervals of not less than one calendar month. Should such written reports not be submitted in accordance with this clause, there shall be no cessation of work. TAC-Construction shall take all appropriate steps to ensure that the report is obtained or another inspection undertaken within two working days of the expiration of the previous certificate (Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001).

(e) All hire cranes required on site shall come from a recognised crane yard.

(f) Crane drivers and dogmen will be suitably qualified.

(g) When engaging the most appropriate plant, preference will be given to plant fitted with ergonomic R/C air filtered/conditioned cabs with Roll Over protection.

39. Union Membership

To the extent that the appropriate legislation permits, contractors and subcontractors shall give favourable consideration to the employment of financial members of the appropriate union respondent to this consent award.

Union membership shall not of itself in any way limit the operation of clause 5, Wages, of this consent award with respect to the duties of any employee.

40. Shop Steward/Delegates

(a) An employee appointed as a shop steward shall, upon notification by the union to the employer, be recognised as the accredited representative of the union to which they belong and they shall be allowed all necessary time during working hours to submit to the employer matters affecting the employees they represent and shall be allowed reasonable time during working hours to attend to job matters affecting their union.

(b) Delegates from each union shall be allowed time off with pay for up to six days in any one year to attend Approved Trade Union Training Schools, providing that reasonable notice is given to the respective employer of the day or days that a course will take place and adequate discussion in relation to the total numbers attending has taken place with TAC-Construction.

(c) The contractors shall ensure that, where possible, where previous arrangements have been made with individual contractors/subcontractors for a delegate to attend an approved Trade Union Training Course, those arrangements are upheld.

(d) Job delegates shall be allowed access, upon request, to a telephone for union business related to the site.

(e) Prior to dismissal or transfer, two days' notice shall be given to any shop delegate and their appropriate union.

(f) Payment in lieu of notice shall not be given.

(g) In the event of the union disputing the decision of management to transfer or terminate the services of a shop steward, they shall remain on the job, during which time the dispute resolution procedure prescribed in clause 44, Settlement of Disputes, shall be invoked.

41. Shop Stewards' Meetings

As a means of achieving better industrial relations on site, accredited site stewards shall be entitled to attend combined site stewards' meetings on six occasions each year during alternate months, without deduction of pay, for a maximum period of three hours on each meeting.

The meetings shall be convened by the Peak Union Councils on behalf of affiliated unions and shall be held on dates and commence at times to be mutually agreed between TAC-Construction and the Peak Union Councils.

42. Meetings of Employees

(a) Subject to subclause (b) of this clause, one hour per month shall be allowed employees between 11.00 a.m. and 12.00 noon to discuss union affairs at a time to be agreed upon between the parties. Once established, no alteration is to be made to the scheduled date and time for such meeting unless a change is requested on behalf of all unions by the Peak Union Councils.

(b) The granting of time to discuss union affairs is to be reviewed by TAC-Construction every three months, while any time lost during ordinary working hours by attendance at unauthorised meetings shall not be paid.

(c) The right to hold meetings as prescribed by this clause may be withdrawn at any time should any group of employees attend meetings outside the times and dates so prescribed.

43. Joint Monthly Meeting

A monthly meeting shall be held between nominated shop stewards, their union officials, Site Management (including the site safety supervisor) and, where possible, an official of both Peak Union Councils, to discuss site matters, with particular emphasis on accident prevention. This meeting shall be held immediately after (where practicable) the monthly meeting of employees.

44. Settlement of Disputes

(a) Where an employee or the shop steward has submitted a request concerning any matter directly connected with employment to a supervisor or a more senior representative of management and that request has been refused, the employee may, if they desire, ask the shop steward to submit the matter to management and the matter shall then be submitted by the shop steward to the appropriate executive of the employer concerned.

(b) If not settled at this stage, the matter shall be formally submitted to a state official of the union to the employer.

(c) If not settled at this stage, the matter shall then be discussed between such representatives of the union as the union may desire and the employer, who may be accompanied by or represented by such officers or representatives of AIG as TAC-Construction may authorise.

(d) If the dispute is still not resolved, the Peak Union Councils shall be advised to enable the Councils to assist in the resolution of the dispute.

(e) If the parties fail to resolve the dispute in accordance with subclause (d) of this clause, they shall refer it to the Industrial Relations Commission of New South Wales for conciliation and mediation.

(f) If the parties fail to resolve the dispute in accordance with subclause (e) of this clause, they may, by agreement, request the Commission to assist in resolving the matter by arbitration.

(g) Where the procedures from subclauses (a) to (f) are being followed or where it is agreed to proceed to arbitration, work shall continue normally. This condition shall be strictly enforced by the Peak Councils.

(h) In the event that a dispute appears likely to remain unresolved, or that stoppages of work, bans and limitations have been placed on the performance of work, and the dispute is unlikely to be resolved by resort to the procedures prescribed in this clause, nothing in this clause shall restrict a union or contractor referring the matter to the Industrial Relations Commission of New South Wales for resolution.

No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause.

Demarcation Disputes

Settlement within the Union Movement

(i) Demarcation disputes should be resolved by agreement between the unions concerned.

(ii) Where agreement cannot be achieved directly between the unions concerned, the unions will notify the Newcastle Trades Hall Council in Newcastle or The Labor Council of New South Wales.

(iii) Affiliated unions will not refer demarcation disputes to industrial tribunals unless there has been a reasonable opportunity to discuss the issued within the union movement.

(iv) Work shall continue while a demarcation dispute is resolved on the pre-dispute basis. Any dispute as to what constitutes the pre-dispute basis shall be referred to the Industrial Relations Commission for determination as a threshold question and the Commission may make a recommendation to the parties for resolution of the dispute.

45. Community Standards

The parties acknowledge that during the term of this consent award significant changes to community standards in respect of terms and conditions of employment may occur.

In the event that such a change/s does occur, other than to wages and allowances, but including casual loadings, the parties to this consent award shall discuss this change and the implications of a possible variation to this consent award.

If the parties are unable to resolve any issue arising out of these discussions, the issue shall be processed through the dispute resolution procedure prescribed in clause 44, Settlement of Disputes.

This shall not constitute a re-opening of negotiations on the terms and conditions of this consent award.

The operation of this clause is subject to no industrial action being or having been taken by employees engaged on the project in relation to the change.

46. Temporary Electrical Installation

All temporary electrical installations set up by contractors on site must conform with the following Codes of Practice under the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001:

Electrical Practices for Construction Work

Low Voltage Electrical Work

47. Testing Electrical Equipment

All flexible extension cords, portable tools and electrical plant used on voltages above 32 volts must be inspected, tested and tagged monthly by a licensed electrician in accordance with details set out in the Codes of Practice.

All extension cords, portable tools and electrical plant brought on to the site by the contractor must bear the correct monthly tag.

Contractors are required to keep a log book of all inspections of the equipment. The Principal’s representative shall be able to inspect these log books on a random basis to ensure that safety requirements are being adhered to.

Any equipment found without a valid inspection tag will be disconnected and the contractor advised to remove the equipment from the site until the equipment has been re-inspected and a new inspection tag attached. No extensions of time will be granted due to electrical equipment not having a valid inspection tag.

All temporary electrical work and installations must conform with the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 and the Electrical Safety Act 1945.

48. Entry to and Movement Within Construction Site

The following procedures shall apply in relation to the entry to and movement within the construction site of visiting union officials after they have undertaken the Site Safety Induction:

(a) A union official, on entering the site, shall advise their name and the union they represent to the gatekeeper at the construction gate.

(b) The gatekeeper will notify a representative of TAC-Construction of a union official’s arrival and that representative will arrange for the union official to proceed to TAC-Construction site office.

(c) A union official who wishes to visit a contractor on the construction site is to notify their intention to TAC-Construction's representative at the time of entering the site. The contractor's manager or his/her representative will then arrange for the official to be issued with a Visitor's Pass.

(d) Union officials visiting the site will be permitted to park their cars in a designated visitors' car parking area adjacent to the site entrance. If necessary, and upon request, transportation to various contractors' locations will be arranged by TAC-Construction’s representative.

In the case of emergency or in circumstances where TAC-Construction has given authority, a union official may be permitted to take their car into the construction area.

(e) Before entering a workplace a union official is to report to the representative of the contractor within the construction area.

(f) A union official is required while in the construction area to observe all safety rules and established site policy, which includes, as a minimum, the wearing of hard hats, adequate foot protection and safety glasses.

(g) Subject to job requirements and authority being given by an authorised representative of a contractor, a union official may converse with their job delegate during the course of their visit.

(h) A union official shall not hamper or hinder other employees during their visit.

(i) Any contractor's representative on site shall not unreasonably withhold permission for a union official to meet with the official's representative/members on the site.

49. Termination Pay

In lieu of award termination and redundancy payments otherwise payable, contractors and subcontractors shall contribute into ACIRT, MERT or an Occupational Redundancy Fund approved by the parties an amount of $70.00 per week per employee, in respect of each completed week of employment at the construction site. From the first pay period to commence on or after 20 May 2003, this amount shall increase to $75.00 per week.

An employee engaged on site from time to time for less than a completed week of employment shall be paid $1.90 per hour ‘flat’ for all ordinary hours worked to a maximum of 38 ordinary hours per week, in lieu of the required contributions on behalf of employees into ACIRT, MERT or an Occupational Redundancy Fund approved by the parties. Such amounts are to be shown separately on the employee’s pay advice.

50. Consent Award Not to Be Used as Precedent

The Peak Union Councils on behalf of their affiliated unions and the AIG on behalf of contractors agree that this consent award was made having regard to the special circumstances existing on the Tomago Aluminium Smelter AP22 Capacity Expansion Project Construction Site and that the contents herein are not to be used as a precedent by either party.

51. TAC-Construction Hand-Over - TAC Acceptance

(a) Items of plant, equipment or areas related to the Tomago Aluminium Smelter AP22 Capacity Expansion Project Construction Site and/or any of its systems may be accepted by TAC upon completion at any time during the course of the construction project. Such items shall, subject to subclause (c) of this clause, be deemed to be pre-commissioned for the purposes of this consent award with the result that TAC employees may involve themselves with the use and operation of such equipment and facilities.

(b) It is the responsibility of TAC-Construction to issue a statement of practical completion to TAC and the responsibility of TAC to issue a certificate of practical completion. Any item of work embraced by subclause (a) of this clause shall be clearly identified by area or by other means (such as tags). Subsequent to such identification all such areas, equipment, systems, faculties, etc. will become the responsibility of TAC.

(c) It is the responsibility of TAC to declare industrial acceptance on any item of work as embraced in subclause (a) of this clause. TAC reserves the right to pass back to TAC-Construction any item of work which it determines requires major design changes after acceptance. Further, TAC reserves the right to utilise vendors for equipment that is under warranty to modify or correct any defects/deficiencies that may occur to the equipment once industrial acceptance is effected.

APPENDIX 1

TOMAGO ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD 2002

TRAVEL AND/OR LIVING AWAY FROM HOME DECLARATION

Name of Applicant:

An Employee of:

Name of Employer:

make application to be classified as:

either-

A local worker

Signature of Applicant:

or-

An itinerant worker, that is, defined as an employee with no fixed address

Signature of Applicant:

or-

A distant worker, that is, it is unreasonable for me to return home each night

Signature of Applicant:

either-

As a distant worker, I also make application for accommodation to be provided for me free of charge

(tick one box)

Yes —

No —

or-

As a distant worker, I also make application for excess fares and travelling time

(tick one box)

Yes —

No —

I, the applicant, have read the Tomago Aluminium Smelter AP22 Capacity Expansion Project Consent Award 2002 (including clause 29, Living Away - Distant Work) and understand my entitlements.

Signature of Applicant:

Date:

Recommendation by Employer:

APPENDIX 2

TOMAGO ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD 2002

SITE RULES

THE SITE RULES ARE FOR YOUR PROTECTION AND SAFETY.

ADHERENCE IS MANDATORY FOR ALL, INCLUDING TAC-CONSTRUCTION STAFF, EMPLOYERS AND EMPLOYEES, WHILE ON SITE.

1. A breach of the following will be considered serious and may lead to an official warning, summary dismissal and/or legal action:

Reporting for work in an unfit condition.

Possession or use of alcohol, drugs of addiction or non-prescribed drugs on the site is strictly forbidden.

Committing any act of violence, fighting or horseplay.

Unauthorised removal from the site of TAC, TAC-Construction, contractors' or another employee's property.

Wilful damage to TAC, TAC-Construction, contractors' or other employees' property.

Breach of safety rules and regulations.

Illegal gambling.

Refusal of duty.

Sleeping on the job.

Breaches of site security procedures.

Transporting personnel in vehicles in breach of RTA regulations.

Travelling in vehicles in breach of RTA regulations.

We want you to enjoy your employment on the site and to achieve job satisfaction. Your assistance in maintaining project performance and behaviour standards will help make the site a safe place to work.

2. Bag and vehicle inspections leaving the site

From time to time you may be requested to open your bag and or vehicle for routine inspection by the security officers at the plant and/or construction gate. You will be expected to allow the inspection in the interests of overall security of TAC, TAC-Construction, contractors and employee property.

Random bag and/or vehicle inspections apply to all TAC, TAC-Construction, contractors' staff and employees and you should not feel that you have been treated differently from others.

3. Personal Property

Whilst every effort is made to keep your property safe, TAC, TAC-Construction or the contractors take no responsibility for personal belongings left in crib huts, amenities or other parts of the site.

4. Where to park your car

Parking is available in the construction site car park. Employees' personal cars are not permitted on the site.

Please take care whilst using the car park to avoid damage to your own or other vehicles. Signs are provided to show directions and speed limits (Low Speed / No "Wheelies").

Always lock your vehicle whilst it is parked. TAC, TAC-Construction or the contractors will not accept liability for theft of or from or damage to your vehicle whilst it is parked in the car park.

5. Canvassing

Canvassing monies or goods for charity or other purpose is not permitted on site, in the car park or outside the plant gates without written permission from TAC-Construction.

6. Cameras

Cameras of any sort are not permitted on the plant or site without prior written permission from TAC-Construction.

7. Mobile Phones, Radios and Records

Mobile phones and radios are permitted to be used in crib sheds only and must not be used on site whilst driving or operating any type of vehicle or equipment.

8. Firearms

Firearms are not permitted on site under any circumstances.

9. Animals

No animals are permitted on site.

10. Fire-fighting Equipment

Any employee found to have misused fire extinguishers or fire-fighting equipment will be subject to summary dismissal.

11. Shirts and Trousers

Proper long-sleeved shirts in designated areas must be worn at all times on site.

12. Plant Area

Employees are not permitted in the existing plant areas without authorisation.

TAC-Construction reserves the right to amend the site rules as deemed necessary during the duration of the consent award of which this document forms part.

APPENDIX 3

TOMAGO ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD 2002

INTERFACE AGREEMENT

Following discussions between the Australian Industry Group, and the Labor Council of New South Wales and the Newcastle Trades Hall Council, on behalf of affiliate trade unions, it is agreed that during construction activities for the expansion of the AP22 Capacity Expansion Project members of affiliate trade unions will not make any claims or take any action on behalf of their members employed as maintenance or production workers at Tomago Aluminium Smelter which would extend or allow construction wage rates or conditions to flow to such employees.

The parties to this Interface Agreement expect that normal Smelter expansion/activity will continue uninterrupted (as will normal industrial activities between Smelter management and affiliate trade unions, namely the AMWU, AWU and CEPU) and remain separate from construction work.

APPENDIX 4

TOMAGO ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD 2002

AUTHORITY TO OBTAIN FROM DIMA 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 Tomago Aluminium Smelter AP22 Capacity Expansion Project and authorised trade union officer on request.
I also understand that the abovenamed 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) 9258 4730	Fax: (02) 9258 4763

APPENDIX 5

TOMAGO ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD 2002

BUILDING TRADES GROUP OF UNIONS DRUG AND ALCOHOL SAFETY REHABILITATION PROGRAM

POLICY AND PROGRAM OUTLINE

1. Principle

People dangerously affected by alcohol and/or other drugs are a safety hazard to themselves and all others present in the workplace.

2. Focus

(a) Site safety and involvement of the Site Safety Committee.

(b) Peer intervention and support.

3. Objectives

(a) To inform workers of the Building Trades Drug and Alcohol Safety and Rehabilitation Program and to have the program adopted as site policy.

(b) To increase the awareness of workers of the harmful effects of drugs and alcohol, both in the workplace and society.

(c) To provide Site Safety Committees with the skills to effectively intervene in the event of unsafe work practices caused by alcohol and/or other drugs.

(d) To inform workers of the availability of drug and alcohol referral/assessment and treatment services.

PROGRAM POLICY

1. A person who is dangerously affected by drugs or alcohol will not be allowed to work until that person can work in a safe manner.

2. The decision on a person's ability to work in a safe manner will be made by the Safety Committee or, on projects with no Safety Committee, by a body of at least equal numbers of employee/employer representatives.

3. There will be no payment of lost time to a person unable to work in a safe manner.

4. If this happens three times, the worker shall be given a written warning and made aware of the availability of treatment/counselling. If the worker refuses help, he/she may be dismissed the next time he/she is dangerously affected.

5. For the purposes of disciplinary action a warning shall be effective for a period of 12 months from the date of issue.

6. A worker having problems with alcohol and or other drugs:

Won't be sacked if he/she is willing to get help.

Must undertake and continue with recommended treatment to maintain the protection of this program.

Will be entitled to sick leave or leave without pay while attending treatment.

GUIDELINES FOR SAFETY COMMITTEES

What To Do On Building Sites

1. Worksite Discussions

(a) All Safety Committee members should complete the Building Trades Group of Unions Drug and Alcohol Committee Course on drug and alcohol safety in the workplace. This can be presented on your site or as part of an approved four day safety training course. It should be co-ordinated with the Building Trades Group of Unions Drug and Alcohol Project Officer.

(b) Have the policy endorsed by the workers.

(d) Make sure all workers on site are aware of the policy.

(e) Make sure that all Drug and Alcohol Committee resources, i.e. posters, stickers etc., are clearly displayed on site.

2. Worksite Alcohol/Drug Problems

If A Worker Appears To Be Affected By Alcohol Or Drugs To Such A Degree That He/She Is A Safety Hazard:

The Chairman and at least one other member of the Safety Committee should ask the affected worker to leave the site because the safety of the site and other workers is being put at risk.

Avoid using judgemental terms like "You're too drunk" or "You're too stoned"; the worker is simply unsafe.

Be brief, firm and calm and don't be provoked into a debate with the affected worker. Avoid confrontation. Tell the worker you will speak to him/her when he/she returns to work unaffected.

Keep your emphasis on the safety factor and the risks to the worker and his/her workmates.

Make suitable arrangements to ensure the worker gets home safely.

If There Is No Co-Operation From The Affected Worker:

The Chairman and Co-Chairman of the Safety Committee must notify the delegate and the employer.

If further persuasion fails, the area near the affected worker should be declared unsafe and the affected workers' union official notified.

The Involvement Of The Site Delegate Is Essential In This Process, As The Affected Worker Will Not Be Paid For Any Period Of Disruption Or Absence.

3. After The Incident

When The Worker Returns To Site Unaffected By Alcohol Or Drugs, The Safety Committee Should Provide Information About Treatment Or Counselling If Necessary. This May Include:

Assistance of the Building Trades Group of Unions Drug & Alcohol Committee.

Alerting the worker to the availability of treatment through the recognised drug and alcohol agencies.

Informing the worker that agreement to have treatment means accrued sick leave can be used or an application for sickness benefits can be made.

4. Further Incidents

The disciplinary procedure is followed, i.e. one more verbal and one more written warning.

The employer should be aware of any intervention that results in lost time. Any action re. dismissal/transfer should be closely monitored to ensure adherence to the policy.

In the case of dismissal/transfer ensure the worker has treatment and counselling information.

R. W. HARRISON D.P.

____________________

Printed by the authority of the Industrial Registrar.

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