K6 UPGRADE PROJECT CONSENT AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Industry Group, New South Wales Branch, an industrial organisation
of employers.
(No. IRC 7371 of 2002)
|
Before Commissioner
Bishop
|
5 February 2003
|
AWARD
1. Title
This award shall be known as the K6 Upgrade Project Consent
Award 2003.
2. Index
Clause No. Subject Matter
1. Title
2. Index
3. Objectives
and Commitments
4. Definitions
5. Application
of the Award
6. Operation
and Duration of the Award
7. Parties
to the Award
8. Contract
of Employment
9. Inductions
10. Rates of
Pay and Allowances
11. Wage
Increases
12. Overtime -
Day Workers
13. Shift Work
14. Public
Holidays
15. Protective
Clothing and Equipment
16. Accident
Insurance Cover
17. Unacceptable
Employment Practices
18. On-site
Register
19. Union
Rights
20. Right of
Entry of Union Officials
21. Visiting
Union Officials
22. Union
Membership
23. Rights of
the Delegate
24. Environment,
Health, Safety and Rehabilitation
25. Inclement
Weather
26. Dispute
Prevention Procedures
27. Procedure
for Settling Disagreements over Safety Issues
28. No Extra
Claims Commitment
29. Demarcation
Disputes Procedure
30. Hours of
Work
31. Immigration
Compliance
32. Australian
Content
33. Workers'
Compensation and Insurance Cover
34. Avoidance
of Employee Entitlements
35. Enterprise
Bargaining Agreement
36. Observance
of Award and Statutory Requirements
37. Personal/Carer's
Leave
38. Anti-Discrimination
39. Apprentices
40. Group
Training Schemes
Schedules
Schedule 1 - Wage Rates of Pay and Allowances
Schedule 2 - Employment Policy
Schedule 3 - Upgrade Project Map
Schedule 4 - Declaration of Place of Residence
"Local"
Schedule 5 - Declaration of Place of Residence "Non
Local"
Schedule 6 - Immigration Authority
3. Objectives and
Commitments
3.1 The parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the project:
3.1.1 Implementation
of forms of work organisation that encourage the use and acquisition of skills
and continual learning.
3.1.2 Continued
development of more effective management practices.
3.1.3 Commitment
of the parties to avoiding industrial action on the project.
3.1.4 Recognition
that the project stands alone and shall not be used as a precedent.
3.1.5 Continued
development of communication processes which facilitate participation by all
employers, employees and unions.
3.1.6 Introduction
of new technology and associated change to enhance productivity.
3.1.7 Improved
quality of work.
3.1.8 Provision
of high standards.
3.1.9 All
parties acknowledge their responsibility for delivering a safe project.
3.1.10 Improved
impact of the project on the environment.
3.1.11 Implementation
of this award and compliance with all relevant statutory provisions.
3.1.12 Elimination
of unproductive time.
3.1.13 Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements.
3.1.14 Improved
wages and conditions for all employees working on the project, including
increased job satisfaction.
3.1.15 Increasing
leisure time for employees by eliminating excessive hours of work.
3.1.16 Enhancing
job opportunities for persons who have a legal right to work, including persons
who wish to take on apprenticeships or traineeships.
3.1.17 At
all times the parties will co-operate and act so as to ensure no disruption to
manufacturing operations at BCSC.
4. Definitions
4.1 "Contractor"
means any company, contractor or subcontractor engaged to do on-site project
work.
4.2 "Enterprise
agreement" shall include a certified agreement, enterprise agreement,
consent award reflecting an enterprise arrangement or an enterprise flexibility
arrangement recognised by an award provision.
4.3 "Industry
award" and "award" shall mean the following awards of the
Industrial Relations Commission of New South Wales or the Australian Industrial
Relations Commission:
4.3.1 National
Building and Construction Industry Award 2000 (and state counterpart awards).
4.3.2 National Metal
and Engineering On-site Construction Industry Award 2002 (and state counterpart
awards).
4.3.3 Electrical,
Electronic and Communications Contracting Industry (State) Award published 25
June 1993 (275 I.G. 730).
4.3.4 Mobile Crane
Hiring Award 1996.
4.3.5 Transport
Industry (State) Award published 20 April 2000 (315 I.G. 192) and relevant
transport industry contract determinations.
4.4 "Practical
completion" shall mean the completion of project work up to end including
mechanical completion and commissioning.
At this point BCSC takes responsibility for the operation of the plant
from the contractor.
4.5 "Project
completion" shall mean the completion of project work up to the stage of
practical completion. Items of plant,
equipment or areas related to the K6 Upgrade Project and/or any of the systems
utilised during the construction phase may be accepted by BCSC upon completion
at any time during the course of the construction project. Such items shall, subject to this clause, be
deemed to be pre-commissioned for the purpose of this construction site award,
with the result that BCSC employees may at that time involve themselves with
the use and operation of such equipment and facilities.
It is the responsibility of BCSC to issue a statement
of practical completion to the contractor.
Any items of work embraced by the above provisions of this clause shall be
clearly identified by area or by other means (such as tags). Subsequent to such identification or such
areas, equipment, systems, facilities, etc., will become the responsibility of
BCSC operations.
4.6 "Project
manager" shall mean the owner’s integrated team led by Hatch Associates
Pty Limited.
4.7 "Project
site" shall mean the area or areas within the BCSC- Berrima Works shown as
the project site on the map in Schedule 3 to this award.
4.8 "Project
work" means site construction work (as defined by the coverage of industry
awards) carried out under construction packages managed by the project manager
of the K6 Upgrade Project at Blue Circle Southern Cement-Berrima Works, New
South Wales.
4.9 The following
activities are not considered project work under this award:
4.9.1 Commissioning
activities by BCSC personnel.
4.9.2 Any maintenance
related activities.
4.9.3 Any off-site
work related activities.
5. Application of the
Award
5.1 This award
shall only apply to project work performed on the project site.
5.2 Off-site
Work/Transport Drivers
The parties agree that the award does not apply to
off-site or purely incidental activities such as the delivery of site materials
or couriers. This award will only apply
to transport drivers who are employed by an employer if the relevant employer
makes deductions from the remuneration of that transport driver in accordance
with the "Pay As You Earn" provisions of the taxation legislation. The parties agree that, if the award does
apply to any transport driver, he or she will only receive the project
allowance of $2.30 per hour after he or she is required by their employer to be
involved on-site for the project for longer than two hours in any calendar day.
5.3 Community
Standards
The parties acknowledge that during the term of this
award significant changes to community standards in respect of terms and
conditions of employment may occur. In
the event that such change does occur other than to wages and allowances but
including working hours, the parties to this award shall discuss this change
and the implications of the possible variations to this award for the K6
Upgrade Project.
If the parties are unable to resolve any issues arising
out of the discussions, the issue shall be processed through the dispute
procedures. This shall not constitute a
reopening of the negotiations for the terms and conditions of this award.
The operation of this clause is subject to there being
no industrial action taken by employees engaged on the project in relation to
the change.
5.4 Intent
This award shall stand on its own and shall not, except
where specifically provided, be affected by outside wage or conditions
movements.
This award shall apply exclusively to the area identified
in this clause and no other awards, whether State or Federal, shall apply to
employees, the employer or the unions bound by this award.
No alterations shall be made to this award during the
period of its operation other than by mutual agreement of the parties. This award shall not in any way be used as a
precedent by any parties in respect to any other project or enterprise.
6. Operation and
Duration of the Award
6.1 This award
shall operate from the first pay period commencing on or after 5 February 2003,
and shall have a nominal term of three years.
6.2 This award
shall continue to operate and bind all parties, notwithstanding actual or
alleged breach of the award by any party for three years or until practical
completion of the project or until the award is cancelled by the Industrial
Relations Commission of New South Wales.
6.3 This award
shall be read in conjunction with the relevant industry awards and, to the
extent of any inconsistency between this award and any award, this award shall
prevail. Inconsistency shall arise in
any case where this award deals with a matter that is covered by the relevant
award.
6.4 This award
shall not operate so as to reduce the entitlements of any employee with respect
to the total of their existing wages and conditions, provided that project
specific conditions relating to another project shall not constitute existing
wages and conditions.
6.5 No employee
shall be entitled to seek conditions in addition to those provided by this
award on the basis that any other employee has received the benefit of the
above provision in subclause 6.4 of this clause.
7. Parties to the
Award
7.1 This award
shall be binding on the following organisations of employees and their members:
7.1.1 Automotive,
Food, Metals, Engineering, Printing and Kindred Industries Union, New South
Wales Branch (AMWU).
7.1.2 Construction,
Forestry, Mining and Energy Union (New South Wales Branch) (CFMEU).
7.1.3 Electrical
Trades Union of Australia, New South Wales Branch (CEPU).
7.1.4 The Australian
Workers' Union, New South Wales (Port Kembla, South Coast and Southern
Highlands Branch) (AWU).
7.1.5 Transport
Workers' Union of New South Wales (TWU).
7.1.6 South Coast Labor
Council (in an administrative capacity).
7.2 This award
shall be binding on any company, contractors, subcontractors performing project
work and their employees engaged on project work.
8. Contract of
Employment
8.1 It is a term
and condition of employment and of the obligations and rights occurring under
this award that an employee shall:
8.1.1 Work in a safe
manner at all times, including properly using all appropriate protective
clothing and equipment provided by the employer for specified circumstances,
including but not limited to safety helmet, safety footwear, hearing and eye
protection; and
8.1.2 Be available,
ready and willing to perform such work, including shift work, as their employer
shall reasonably require on the days and during the hours necessary for the
employer to best meet the employer's contractual obligations on the project;
and
8.1.3 Comply with any
request of their employer to work reasonable overtime in excess of the ordinary
hours at any time during the seven days of the week at the appropriate
remuneration prescribed herein; and
8.1.4 Recognise the
requirement of the employer to have an appropriate mix of classifications and
skills during any hours of work; and
8.1.5 Use any
technology and perform any duties which are within the limits of the employee's
skill, competence and training, provided that they can be safely and legally
performed; and
8.1.6 Follow
procedures and co-operate with work practices designed to deliver safe work and
best practice outcomes on the project; and
8.1.7 Comply with the
grievance procedures of this award.
8.2 Employees may
be engaged on a casual, daily or weekly basis but only where that particular
form of employment is provided for in the relevant industry award or enterprise
award. Employees must be engaged in
accordance with the provisions of the relevant award or agreement, as amended
by this award. In particular, daily
hire employees must be given notice of non-engagement or dismissal before ceasing
work on their last day of employment or be paid a day's pay in lieu of notice.
8.3 Notwithstanding
any existing award or other rights an employee may have, an employee may be
terminated without notice in circumstances justifying summary dismissal
including serious misconduct and neglect of duty.
8.4 An employee
subject to summary dismissal or a delegate subject to transfer off the project
shall be afforded at least 72 hours' notice of such dismissal or transfer. Such notice may be served off site, in the
case of dismissals only, if the employer so directs and shall be without
prejudice to the merits of the employer's and employee's position on the
dismissal.
9. Inductions
9.1 Prior to the
commencement of work on site, all project employees may be required to attend
and undertake the following induction sessions:
9.1.1 Construction
Industry Advisory Board (NSW) General Induction (Greencard).
9.1.2 BCSC Berrima
Works General Induction (compulsory unless accompanied at all times by an
inducted person).
9.1.3 K6 Upgrade Project
Site Induction (compulsory unless accompanied at all times by an inducted
person).
9.2 Officials of
the signatory parties may attend these sessions. Employees will have to demonstrate a clear understanding of the
issues raised in the induction, prior to beginning actual work.
9.3 Inductions are
primarily concerned with the safety of the individual employee and will
emphasise their responsibility to work in a manner that does not endanger
either themselves or others. Other
information the inductions will provide includes:
9.3.1 The scope,
purpose and anticipated duration of the project.
9.3.2 The project
award and how it governs the contract of employment of each employee.
9.3.3 Compliance with
the requirements for legislative, employer, employee and environmental
standards.
9.3.4 The
co-operative objectives of this project award.
9.3.5 The specific
dispute resolution procedures of this project award.
10. Rates of Pay and
Allowances
10.1 The applicable
rates of pay and allowances for project work are given in Schedule 1 to this
award.
10.2 The project
wage rates include all award and enterprise agreement wage entitlements,
including but not limited to, base rate, supplementary payment, safety net
adjustment, industry allowance, special allowance, follow-the-job allowance or
the like, tool allowance, special rates, disability payments, productivity
allowance, etc., and excepting only those allowances set out in paragraphs
10.3.1 and 10.3.2 of subclause 10.3 of this clause.
10.3 Additional Allowances
10.3.1 In addition to
the project wages rates referred to in subclause 10.1 of this clause, the
following allowances shall be paid as they are prescribed in the relevant award
and shall be varied in accordance with movements in the relevant award
allowance:
Leading hand allowance; registration/licence allowance;
first aid allowance; refractory allowance; piling allowance; explosive powered
tool allowance; meal allowance; dual lift allowance; welding allowance.
10.3.2 Fares and Travel
Employees shall be entitled to an allowance (where
applicable under the relevant award referred to in subclause 4.4 of clause 4,
Definitions) in accordance with Schedule 1 to this award for each day actually
worked to cover the cost of fares and travel to and from the work site. This allowance is not payable to employees
who start and finish work at the contractor’s premises and are transported to
and from the project site at the expense of the employer during working hours.
When an employee is required to travel to work at the
site and whose home is located at more than a 50 kilometres radius from the
site, the employee will be paid an additional 0.39 cents per kilometre for
travel by the most practicable route, plus the employee shall be entitled to
ordinary time pay for such additional kilometres travelled to the nearest 15
minutes.
Employees provided with a fully maintained company
vehicle shall not be entitled to payment of the above allowance, except where
an employee is directed by the employer to pick up and return home another
employee. Such employee shall be paid
as though the time taken was worked.
10.3.3 Project Site
Allowance
A project site allowance, in accordance with Schedule 1
to this award, shall be paid to employees for each hour worked on the
project. This allowance shall be paid
as a flat amount for each hour worked and shall not attract any premium or
penalty. This project site allowance is
in recognition of all special rates relating to the nature of the project,
conditions on the project site, and the work to be performed.
10.4 Superannuation
10.4.1 Minimum employer
superannuation contributions as defined in the relevant industry award shall be
in accordance with the superannuation guarantee legislation or the amount
specified in Schedule 1 to this award, whichever is the greater.
10.4.2 Superannuation
contributions for each employee shall be made to the agreed fund, for the term
of this award, provided that only one fund per employer is permitted. Agreed funds include CBUS and NESS.
10.5 Redundancy
10.5.1 Redundancy
contributions for each employee shall be made to either ACIRT or MERT, provided
that only one fund per employer is permitted.
The entitlement is specified in Schedule 1 to this award.
10.6 Living Away
From Home Allowance
In addition to the project wage rates referred to in
subclause 10.1 of this clause, clause 24, Living Away From Home - Distant Work
and clause 24A, Caravan Allowance, of the National Building and Construction
Industry Award 2000 shall apply to all employees, provided that the award
clauses shall operate subject to the following conditions:
"Locals"
If an applicant's/employee's "usual place of
residence" is inside the area marked "local" on the attached map
(Schedule 3), it is deemed for the purposes of this clause that the
applicant/employee is a "local", can reasonably return to that place
of residence each night and will not be entitled to the provision of reasonable
board and lodging or the payment of living away from home allowance (LAFHA).
"Non-locals"
If an applicant's/employee's "usual place of
residence" is outside the area marked "local" on the attached
map (Schedule 3), it is deemed for the purposes of this clause that the
applicant/employee is a "non-local", cannot reasonably return to that
place of residence each night and will be entitled to the provision of
reasonable board and lodging or the payment of living away from home allowance
(LAFHA), at the rate of $400.00 per week, the choice of which shall lie with
the employer.
Project Employment Policy and Declaration
The applicant/employee will be provided with a copy of
the project employment policy (Schedule 2 to this award) at the time of
engagement or transfer to the project and will be required to make a
declaration (see Schedules 4 and 5 to this award) as to his/her "usual
place of residence". The
declaration will be the sole determinant of the employee’s usual place of
resident for the purposes of this award and clause 24 of the National Building
and Construction Industry Award 2000.
Undue Influence or Duress
The declaration referred to above will be prima facie
evidence that the applicant/employee has not been subjected to undue influence
or duress. During the project induction
process employees will be asked to confirm that they have not been subjected to
undue influence or duress.
An employee who has made a declaration and confirmed
during the induction process that he/she has not been subjected to undue
influence or duress will not subsequently be entitled to any additional
benefits based on allegations of undue influence or duress.
10.7 Welding
Allowance
A welding allowance as follows will apply on the
project:
10.7.1 For carbon
steel, stainless steel and pipe welding performed to AS4041 Class 1 and AS1210
and subject to X-ray and/or NDT inspection and where a competency test required
- an allowance in accordance with Schedule 1 of this award shall be paid to
employees for each hour worked on the project.
10.7.2 For all other
welding - no additional allowance shall apply.
11. Wage Increases
11.1 Employees
covered by this award shall be entitled to the following cumulative increases
in the project wage rates set out in Schedule 1 to this award. Any increases in award rates of pay, including
but not limited to increases arising from National or State Wage Case movements
(including safety net adjustments), shall be absorbed, fully or as far as it is
possible, into project wage rates, including increases set out hereunder:
11.1.1 1 September 2003
- 3%
12. Overtime - Day
Workers
12.1 All time worked
by day workers outside ordinary working hours shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
12.2 Overtime worked
on Saturdays shall be paid for at the rate of time and one half for the first
two hours and double time thereafter, provided that all work after 12 noon on
Saturday will be paid for at the rate of double time. An employee required to attend work on a Saturday shall be paid
for a minimum of four hours at the appropriate rate.
12.3 Sunday work
shall be paid at the rate of double time.
Employees required to work on a Sunday shall be afforded at least four
hours' work or paid for a minimum of four hours' work.
12.4 Award conditions
(including, but not limited to, crib time and meal allowance entitlements)
shall otherwise apply to overtime entitlements unless inconsistent with this
award.
13. Shift Work
13.1 Employees
engaged on shift work shall be paid the following additional allowances as the
relevant shift penalty for their ordinary time hours on shift. Employees may be given notice, of not less
than 48 hours, of a requirement to work shift work on the project.
13.2 Afternoon Shift
13.2.1 Afternoon
shift is any shift where the cessation of ordinary time is at or later than
9.00 p.m. and at or before 11.00 p.m.
13.2.2 The
shift loading for afternoon shift shall be 50%.
13.3 Night Shift
13.3.1 Night
shift is any shift where the cessation of ordinary time is later than 11.00
p.m. and at or before 7.00 a.m.
13.3.2 The
shift loading for night shift shall be 50%.
13.4 Broken Shifts
13.4.1 Broken
shifts are any shifts, other than as part of a seven-day shift roster, that do
not extend for at least five consecutive working days, Monday to Friday (less
any public holidays, rostered days off or paid or unpaid leave or absence
falling within the period).
13.4.2 All
hours worked on broken shifts shall be paid at overtime rates, excepting where
the reasons for a broken shift eventuating are as a result of termination of
employment by or of an employee (except due to redundancy), industrial action,
leave or where at least seven days' notice has been given of the requirements
to work shift work.
13.5 Seven-day Shift
Work
13.5.1 Nothing
in subclause 13.4 of this clause shall be taken to prevent the working shifts
where the shift roster is spread over any of seven days of the week.
13.5.2 Shift
penalties for seven-day shift work (provided it is a properly rostered
seven-day shift cycle over at least two weeks) shall be the appropriate shift
rate as set out in subclauses 13.2 and 13.3 of this clause for work Monday to
Friday and the appropriate weekend or public holiday overtime rate for weekends
or public holidays.
13.6 An employee
shall be given at least 48 hours' notice of a requirement to work shift work.
13.7 Shift premiums
are not paid on any hours paid at overtime rates.
13.8 Award
conditions (including, but not limited to, breaks and shift work overtime
rates) shall otherwise apply to shift work entitlements unless inconsistent
with this award.
13.9 It is not
intended that this award will permit the working of extended periods of 12-hour
shifts (including overtime) without days or shifts off.
13.10 Overtime - Shift
Workers
13.10.1 Overtime
for shift workers shall be provided for in the relevant award.
14. Public Holidays
14.1 The following
days shall be recognized as public holidays on the project:
New Year's Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, first Monday
in December, Christmas Day and Boxing Day (weekday after Christmas Day
holiday).
14.2 The penalty
rate for working a public holiday set out in subclause 14.1 of this clause
shall be double time and a half until completion of such work. There shall be no work undertaken on the
project on the first Monday in December.
14.3 Award
conditions shall otherwise apply to public holiday entitlements unless
inconsistent with this award.
15. Protective
Clothing and Equipment
15.1 Each contractor
engaged on project work on the project shall ensure that their employees are
appropriately clothed with long sleeves and long pants made from cotton or
cotton blend drill material and steel-capped safety boots.
15.2 In addition to
the clothing, contractors shall ensure that employees are equipped with,
trained in the use of, and use at all times when required, safety helmet, eye
protection, hearing protection, sun cream and any other PPE required for
specific job tasks.
15.3 Job-related
Equipment
15.3.1 Each
contractor will supply the following protective equipment/materials for use on
specific work tasks:
High visibility vest or clothing; factor 15+ protective
sunscreen; hearing protection; eye protection; gloves; safety harnesses;
gumboots; hat brims; dust masks.
15.3.2 In
addition, one pair of UV-rated safety glasses which conform to AS 1337 will be
provided to employees who are required to work on reflective surfaces
outdoors. Glasses will be replaced on a
fair wear-and-tear basis.
15.4 Clothing Issue
15.4.1 Australian-made
(where practical) protective clothing will be available to all employees at the
completion of 152 hours' period with the project. The protective clothing will be two long-sleeved shirts, two
pairs of long trousers and one pair of steel-capped safety boots.
15.4.2 For
the time period May to September, one warm, water-resistant jacket will be
issued. Electricians will be issued
with a wool jacket in lieu thereof.
16. Accident
Insurance Cover
16.1 Each employer
will provide Workers' Compensation Top-Up/24-hour Income Accident Insurance
with a mutually agreed scheme.
17. Unacceptable
Employment Practices
17.1 No employer or
employee on the project is to engage in pyramid subcontracting,
"all-in" payments, "cash-in-hand" payments or schemes to
avoid award or statutory obligations, including inappropriately treating
employees as subcontractors and inappropriate application of taxation.
17.2 Should any
suspected deviation from the foregoing be found to exist, the union concerned
will notify the contractor and the project manager immediately for
investigation. If found to be correct, such
deviation will be stopped immediately, rectified and all statutory entitlements
paid.
17.3 Contractors,
subcontractors, consultants and suppliers must comply with the provisions of
applicable:
17.3.1 Awards
and/or enterprise agreements; and
17.3.2 Legislative
requirements
17.4 Contractors
should ensure that their subcontractors, consultants and suppliers comply with
their legal obligations regarding their employees. Any relevant information is to be obtained through proper and
lawful means and in a way that respects confidentiality.
17.5 Arrangements or
practices designed to avoid award and/or legislative obligations, including
inappropriately treating a genuine employee as an independent contractor and/or
inappropriate application of the Australian Business Number (ABN) system of
taxation, are not permitted.
"All-in" payment systems, sham subcontract arrangements and
"cash-in-hand" payments are strictly prohibited.
17.6 In the event
that it is established that a contractor is making "all-in" payments
to employees on the project, the contractor shall be required to pay the
"all-in" payment rate of pay to those employees on the project and in
addition shall be required to make all other payments to those employees as
provided by this award.
17.7 Where there is
a need for supplementary labour to meet temporary/peak work requirements, such
labour may be accessed for a period of up to four weeks from labour hire
companies that are signatory to an agreement certified with either the
Australian Industrial Relations Commission or the Industrial Relations
Commission of New South Wales with the relevant union.
18. On-site Register
18.1 The project
manager will require that all contracts with contractors include the following
terms and conditions:
18.1.1 That
all subcontractors shall have contracts in writing; and
18.1.2 That
this award shall form part of the conditions of such contracts and bind all
such contractors and subcontractors; and
18.1.3 That
subcontractors will be required to meet all statutory, award and legal
obligations for their employees.
18.2 The project
manager shall instruct each contractor to keep on site a register containing
information of every employer and employee engaged on the site. Each contractor shall supply a copy to the project
manager.
18.3 The register
shall contain the following from employees:
18.3.1 Name
and address of employee.
18.3.2 Classification
and certificate details.
18.3.3 Induction
date.
18.3.4 Start
date on construction site.
18.3.5 Union
ticket number (where applicable and if voluntarily provided).
18.3.6 Superannuation
scheme name and employee number.
18.3.7 Long
service leave number.
18.3.8 CTAS
or equivalent number.
18.3.9 Green
card number.
18.3.10 This
information, certified as correct to their employer, will be supplied prior to
the employee commencing work on site.
Contractors will pass the information to the project manager.
18.3.11 Failure
to comply with this clause may result in employees being removed from the
project.
18.4 The register
shall contain the following information from employers:
18.4.1 Registered
business name and address of employer and ABN number.
18.4.2 Workers'
compensation policy number, underwriter and currency certificate.
18.4.3 Public
liability policy number, underwriter and currency certificate.
18.4.4 Superannuation
fund name and employer number.
18.4.5 Long
service leave employer number.
18.4.6 Redundancy,
trust name and employer number.
18.4.7 Travel
and/or living away from home declaration.
18.4.8 CTAS
or equivalent number.
18.4.9 This
information, certified as correct and current, shall be provided to the project
manager prior to the commencement of work on site by an employer/contractor.
18.4.10 Failure
to comply with this clause may result in persons being removed from the
project.
19. Union Rights
19.1 The parties to
this award acknowledge the right of employees to be active union members and
respect the right of the union to organise and recruit employees.
19.2 The parties to
this award also acknowledge that good communication between the union official,
the delegate and its members is an important mechanism in assisting the parties
to resolve grievances and disputes in a timely fashion.
19.3 All contractors
shall allow up to one paid hour per month for union/company communication
meetings.
20. Right of Entry of
Union Officials
20.1 Accredited
union officials will have access to the site in accordance with the relevant
State or Federal legislation.
20.2 Prior to entry
to the project site, all union officials exercising their right of entry will
report to the project manager’s office.
21. Visiting Union
Officials
21.1 Union officials
(party to this award), when arriving on site, shall call at the site office and
introduce themselves to a management representative of the employer, prior to
pursuing their union duties on site.
21.2 Union officials
shall produce their right of entry permits, if required, and observe the
relevant construction awards, the Occupational Health and Safety Act and
Regulations (NSW), and other relevant statutory/legislative obligations for
entry to the site.
21.3 Union officials
with the appropriate credentials shall be entitled to inspect all such wage
records, other payment records and related documentation necessary to ensure
that the employers are observing the terms and conditions of this award.
21.4 All such wages
books and other payment records shall be made available within two working days
on site or at another convenient, appropriate place, provided notice is given
to the employers and the project manager by the union.
21.5 Such
inspections shall not take place unless there is a suspected breach of this
award, other appropriate awards, enterprise agreements, the Industrial Relations Act 1996 or other
employer statutory requirements
22. Union Membership
22.1 Properly
accredited officials and workplace representatives of the union shall have the
right to be provided with appropriate access to employees to promote the
benefits of union membership.
22.2 To assist in
this process the employer may:
22.2.1 Provide
payroll deduction services for union fees.
Such fees shall be remitted to the union on a monthly basis with enough
information supplied to enable the union to carry out a reconciliation.
22.2.2 Ensure
that all supervisors are trained in the provisions of clause 23, Rights of the
Delegate.
23. Rights of the
Delegate
23.1 The parties
acknowledge it is the sole right of the union and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the union at the site.
23.2 The delegate
shall have the right to approach or be approached by any employee of the
employer to discuss industrial matters with that employee during normal working
hours, provided there is no disruption to the progress of normal work.
23.3 The delegate
shall have the right to communicate with members of the union in relation to
industrial matters without impediment by the employer. Without limiting the usual meaning of the
expression "impediment", this provision applies to the following
conduct by an employer:
23.3.1 Moving
a delegate to a workplace or work situation which prevents or significantly
impedes communication with members.
23.3.2 Changing
a delegate’s shifts or rosters so that communication with members is prevented
or significantly impeded.
23.3.3 Disrupting
duly organised meetings.
23.4 The delegate
shall be entitled to represent members in relation to industrial matters at the
workplace and, without limiting the generality of that entitlement, is entitled
to be involved in representing members, as follows:
23.4.1 At
all stages in the negotiation and implementation of enterprise agreements or
awards or other industrial instruments.
23.4.2 The
introduction of new technology and other forms of workplace change.
23.4.3 Career
path, reclassification, training issues; and to initiate discussions and
negotiating on any other matters affecting the employment of members.
23.5 In order to
assist the delegate to effectively discharge his or her duties and
responsibilities, the delegate shall be afforded the following entitlements:
23.5.1 the
right to reasonable communication with other delegates and management in
relation to industrial matters, where such communication is dealt with or
concluded during normal breaks in work.
23.6 The employer of
a delegate shall provide to the delegate the following:
23.6.1 A
notice board for the placement of union notices at the discretion of the
delegate.
23.6.2 Where
a union office room is not practicable, access to the crib room will be made
available.
23.6.3 Reasonable
use of the telephone for legitimate union business.
23.6.4 From
existing resources, and when required, access to a photocopier or facsimile
machine.
23.6.5 There
shall be no deduction from wages where the union requires a delegate to attend
any court or industrial tribunal proceedings relating to industrial matters
relating to this project only.
24. Environment,
Health, Safety and Rehabilitation (EHS&R)
24.1 Induction
24.1.1 All
employees must attend the inductions specified in clause 9, Inductions.
24.2 Environment,
Health and Safety Plans
Employers have submitted or are required to submit the
following plans. Copies of these
documents will be made available for employees upon request.
24.2.1 Construction
Management Plan (incorporating the Environmental Management Plan for
Construction).
24.2.2 Safety
Management Plan (from each contractor).
24.3.3 Specific
Construction Safety Studies submitted to the project manager (incorporating
risk analysis of the works and hazard minimisation).
24.3.4 K6
Upgrade Project Construction Safety Booklet (issued to each employee at site
induction).
24.4 The Safety
Committee
24.4.1 The
Safety Committee will be properly constituted (with an agreed
constitution). All members of the
Safety Committee will undertake agreed occupational health and safety training.
24.5 Implementation
of this Clause
24.5.1 The
parties acknowledge and agree that all parties are committed to safe working
procedures.
24.5.2 If
the project manager or the Safety Committee is of the opinion that an employee
or employer has committed a serious breach of either the Environment Health and
Safety Policy or the relevant Safety Management Plan (or any other agreed safe
working procedures), the project manager (or the project manager on
recommendation from the Safety Committee) will implement disciplinary action
against the employer or employee which may include taking all steps required to
remove the employer or employee from the project.
24.5.3 The
parties agree that, in the event that an unsafe condition exists, work is to
continue in all areas not affected by that condition and that employers may
direct employees to move to a safe place of work. No employee will be required to work in any unsafe area or
situation.
25. Inclement Weather
25.1 The parties
will adopt a reasonable approach with respect to inclement weather procedures
and what constitutes "inclement weather". The object is to minimise lost time due to inclement weather and
the purpose of this clause is to establish common procedures so that the
welfare and safety of employees is respected and work can continue in an
orderly fashion during periods of inclement weather. Employees will accept transfers from an exposed work area to a
work area not affected by inclement weather if useful work is available within
the scope of the employee’s skill, competence and training.
25.2 During and
after periods of inclement weather the project manager, after consultation with
the employee safety representatives, will determine any steps necessary to
ensure that work can continue in a safe manner. In all cases, priority will be given to ensuring that a safe
workplace is provided and safe systems of work are used. Nothing in this procedure will negate or
contradict the rights of the safety committee under the terms of the Occupational Health and Safety Act 2000.
25.3 Consistent with
the provisions of this award, employees are not to leave the job/site without
the approval of the project manager, subject to the application of the relevant
industry awards.
26. Dispute
Prevention Procedures
26.1 The parties
agree to facilitate the constructive and speedy resolution of any issue of
concern at the workplace and recognise that this commitment is critical to
maintaining harmonious relations between contractors and their employees and to
ensure that the project achieves completion within the specified time and cost.
26.2 If an employee
has a grievance arising out of his or her employment with the employer, the
employee may notify the supervisor of the substance of the grievance, request a
meeting with that person and state the remedy sought.
26.3 If the matter
is not resolved by the supervisor, the employee may request that the supervisor
refer the grievance to the project manager.
Where appropriate or deemed necessary, the employee may elect to seek the
assistance of his/her workplace delegate and designated area union organiser.
26.4 If the matter
is still not resolved, the employee may request the project manager to refer
the grievance to the works manager and the relevant union secretary or nominee.
26.5 If the above
process does not resolve the grievance, either of the parties may refer the
grievance to the Industrial Relations Commission of New South Wales for
determination.
26.6 Whilst the
above procedures are being carried out, work will continue as it did prior to
the grievance arising. Neither party
shall be prejudiced as to final settlement by the continuation of work in
accordance with this clause.
27. Procedure for
Settling Disagreements over Safety Issues
27.1 Where a safety
problem exists, work shall cease only in the affected area. Work shall continue elsewhere unless access
to safe working areas is unsafe.
However, any problem of access shall be immediately rectified and
employees/workers will use any alternate safety access to such safe working
areas while the usual access is being rectified.
27.2 Should a
particular project be in dispute on the basis that the whole project is thought
to be unsafe, the following procedures shall apply:
27.2.1 Employees
shall not leave the site.
27.2.2 Immediate
inspection of the project involving both company and employee representatives
shall take place.
27.2.3 The
project manager will nominate the order of priority of the work areas to be
inspected.
27.2.4 The
inspection shall identify the safety rectification work needed to take place in
each work zone.
27.2.5 As
zones are agreed for rectification, all employees/workers who can be gainfully
employed shall immediately commence rectification works.
27.2.6 Upon
verification that such rectification has been completed, productive work will
resume. Such resumption of work shall
take place progressively as each work area has been cleared.
27.2.7 Should
any dispute arise, the project manager will immediately call a WorkCover
inspector to assist on the procedures required for rectification.
28. No Extra Claims
Commitment
28.1 No claims for
wages or conditions in excess of this award during its period of operation will
be made.
29. Demarcation
Disputes Procedure
29.1 It is
recognised by the parties to this award that, because of the nature of this
project (i.e. the mix of work, size of the total work area and location
involved), there is a genuine need to have in place a mechanism capable of
swiftly dealing with a demarcation issues as they arise.
29.2 It is therefore
agreed that:
29.2.1 As
work is confirmed, and where potential demarcation problems are evident, full
discussion shall take place between the employer, contractor or subcontractor
and the appropriate union representatives.
29.2.2 If
it is not resolved at this level, the project manager’s representative shall be
immediately informed in writing and he/she shall advise the South Coast Labor
Council within 24 hours. The project
manager’s representative shall, where practical, take this action at least five
working days prior to the actual commencement of the work.
29.2.3 The
Council, when so advised, shall arrange for discussions to take place within
the union movement with a response being provided to the project manager’s
representative within 48 hours.
29.2.4 Nothing
in this procedure shall operate so as to prevent work from commencing or
continuing as contracted, after the expiry of the five working days mentioned
above.
29.2.5 If
the matter is not resolved it shall be dealt with in accordance with clause 26,
Dispute Prevention Procedures.
29.2.6 The
parties agree that the outcome of any matter dealt with by the terms of this
clause shall not be used as a precedent, reference, example or exhibit in any
way whatsoever in matters arising from this work location.
29.2.7 While
this procedure is being followed, work shall continue normally on the basis of
the initial or existing allocation of union coverage. This shall not prejudice the position of any party.
29.2.8 Should
a demarcation dispute arise subsequent to work commencing, the procedure set
out in this clause above shall be followed excluding the reference to five
working days.
29.2.9 Nothing
in this clause shall be read to mean that an employer or a union has abrogated
their rights in relation to settlement of any demarcation dispute.
30. Hours of Work
30.1 The ordinary
hours of work shall be 38 hours per week, eight hours a day averaged over a 19-day
four-week cycle. Ordinary hours for day
work may be worked at the discretion of the employer between 6.00 a.m. and 6.00
p.m., Monday to Friday. The ordinary
hours of work, having once been established, can be varied by agreement or in
the absence of agreement by one week’s written notice from the employer to
employees concerned. Provided that
ordinary hours may start from 5.00 a.m., without penalty, by agreement between
an employer and the employees required.
30.2 Employees shall
be entitled to a paid 15-minute break and an unpaid 30-minute break each
weekday, taken at a time to suit the day’s work. Two breaks shall be taken each day and employees should not be
required to work for more than five hours without a break. An employee who is required to work for more
than five hours without a break shall be paid at appropriate overtime rates
after the 5 hours until the employee is given a break. A meal allowance of $16.00 shall be paid to
employees working overtime of one and a half hours or more after the cessation
of ordinary hours. This allowance shall
be in lieu of a 20-minute crib break and meal allowance otherwise applicable
under the industry awards. A further
meal allowance of $16.00 shall be paid after the completion of each additional
four hours from the commencement of overtime that shall be in lieu of the
30-minute crib break and meal allowance otherwise applicable under the industry
awards.
30.3 Rostered days
off (RDOs) shall fall on the days prescribed by the agreed industry schedule under
the National Building and Construction Industry Award 2000, provided that these
RDOs may be substituted for alternative days by a particular employer without
penalty in the following circumstances:
30.3.1 If
an alternative day will allow the employer to better meet their contractual
obligations, overcome or avoid delays to the project; and
30.3.2 An
alternative RDO is given within a mutually agreed time frame or a mutually
agreed date(s) occurring prior to the next scheduled RDO.
30.4 RDOs may be accumulated
to a maximum of five where that suits a particular employer and it is agreed to
by employees and relevant unions. Such
agreement will not be unreasonably withheld.
Any time worked on RDOs where the employee has accumulated five RDOs
shall be paid in accordance with the relevant award overtime provisions.
30.5 The parties
recognise the expectation that there will be a change in community standards
for working hours in the construction industry from March 2004. There shall be discussion between the
parties as to how to best reflect this change.
There are three Saturdays proposed to be observed as ordinary time paid
Saturdays on the project. These
Saturdays are on the weekends of the Queen's Birthday long weekend, Labour Day
long weekend and Picnic Day long weekend in 2003.
31. Immigration
Compliance
31.1 The parties are
committed to compliance with Australian immigration laws so as to ensure
maximum work opportunities for unemployed permanent residents and Australian
citizens. Employers will be advised by
the project manager of the importance of immigration compliance. Where there is concern that an employer on
the project is engaging illegal immigrants, the project manager will act
decisively to ensure compliance.
31.2 Employers are
required prior to employees commencing work on site to check the legal right of
employees to work. The authorisation
form attached to this award as per Schedule 6 will assist in providing evidence
of the employee's legal status.
32. Australian
Content
32.1 The project
manager shall endeavour to maximise Australian content in materials and
construction equipment on the project where practical and feasible.
33. Workers'
Compensation and Insurance Cover
33.1 Employers must
ensure that all employees that they engage to work on the project are covered
by workers' compensation insurance.
33.2 The company
will audit certificates of currency from each employer engaged on site to
ensure that the wages estimate and tariff declared for the type of work
undertaken is correct. This information
will be available to accredited union officials on request.
33.3 Employers and
their employees must comply with the following steps to ensure expedited
payment of workers' compensation.
33.4 All employees
will report injuries to the project first aider and their supervisor at the
earliest possible time after the injury
33.5 All employees
will comply with the requirements for making a workers' compensation claim,
including the provision of a WorkCover medical certificate, at the earliest
possible time after the injury. This
information will also be supplied to the project first aid officer, and their
supervisor.
33.6 In cases where
the employee is unable to comply with the above, the relevant employer will
assist in fulfilling requirements for making a claim.
33.7 Employers must
ensure that they are aware of and will abide the Workplace Injury Management and Workers' Compensation Act 1998,
which provides that:
33.7.1 The
employer shall keep a register of injuries/site accident book in a readily
accessible place on site.
33.7.2 All
employees must enter in the register any injury received by the employee. The employer must be notified of all
injuries on site immediately.
33.7.3 An
employer who receives a claim for compensation must, within seven days of
receipt, forward the claim or documentation to their insurer.
33.7.4 An
employer who receives a request from their insurer for further specified
information must, within seven days after receipt of the request, furnish the
insurer with the information as is in the possession of the employer or
reasonably obtained by the employer.
33.7.5 An
employer who has received compensation money from an insurer shall, as soon as practicable,
pay the money to the person entitled to the compensation.
33.8 Where there has
been a serious incident and/or accident which has resulted in a serious injury
or loss of life, the employer shall notify the relevant union immediately.
34. Avoidance of
Employee Entitlements
34.1 The parties
agree that "all-in" payments and/or "cash-in-hand"
payments, or sham subcontract arrangements, (i.e. payments designed to avoid
tax, and statutory/EBA or award entitlements) will not be accepted on site. Where such practices are identified, they
will be immediately stopped. Refer also
to clause 17, Unacceptable Employment Practices.
35. Enterprise
Bargaining Agreements
35.1 The parties to
this award acknowledge that it is an objective of the unions that all
contractors/subcontractors should have in place appropriate enterprise
agreements with the relevant unions.
35.2 This award is
intended to operate in conjunction with, and as a supplement to, a
subcontractor’s enterprise bargaining agreements.
35.3 The parties
agree to minimise the impact of any industrial action on the project that may
arise out of the negotiation or renegotiation of subcontractors’ enterprise
bargaining agreements (EBAs).
35.4 Where
practicable, all subcontractors will have appropriate and current enterprise
agreements with the relevant union.
35.5 Where
conditions relating to amounts and method of payment of project
productivity/site allowances are specifically mentioned in a subcontractor’s
enterprise agreement and are at variance with the conditions of this agreement,
discussions will take place between the parties to seek a resolution.
35.6 Where an
enterprise or certified agreement of a contractor or subcontractor expires
during the term of this agreement, employees will continue to work normally
under their existing enterprise or certified agreement and this award and shall
be paid or afforded all additional benefits of any new or replacement
enterprise or certified agreement from the date agreed in such new agreement.
36. Observance of
Award and Statutory Requirements
36.1 All contractors
and subcontractors shall abide by the conditions of relevant awards and/or
enterprise agreements and all statutory obligations.
36.2
Each contractor on the project will provide their union
delegate with a copy of payments made to the relevant superannuation,
redundancy, insurance or other relevant funds upon request.
37. Personal/Carer's
Leave
37.1 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 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.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(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 factor 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 paragraph:
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.
37.2 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 37.1 of this clause who is ill.
37.3 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 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.
37.4 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 according 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 paragraph (a) of this subclause, the
employee shall be paid overtime rates in accordance with the award.
37.5 Make-up
Time
(a) An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time at a later time), at the shift work rate which
would have been applicable to the hours taken off.
37.6 Rostered
Days Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the unions to participate in negotiations.
38. Anti-Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, martial 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 by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect discriminatory
effect.
(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 pay 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 award 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 legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects … any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
39. Apprentices
As part of the project’s commitment to industry training, a
ratio of one apprentice/trainee to every five tradespersons within each
employer’s whole workforce wherever engaged is to be maintained.
40. Group Training
Schemes
It is agreed that, where there is a need for additional
apprentices, contractors on the project shall utilise agreed Group Training
Schemes, such as the Macarthur Group Training Company or the Rhodes Skills
Centre.
SCHEDULE 1
Wage Rates of Pay and Allowances
Wage Rates Table
|
Civil Trades Classification
|
Rate per hour
|
|
CW1
|
18.09
|
|
CW2
|
18.89
|
|
CW3 (Non-trade)
|
19.61
|
|
CW3 (Trade)
|
20.27
|
|
CW4
|
21.25
|
|
CW5
|
22.21
|
|
CW6
|
23.19
|
|
CW7
|
24.15
|
|
CW8
|
25.13
|
|
Metal Trades Classifications
|
Rate per hour
|
|
ECW1
|
18.96
|
|
ECW2
|
19.73
|
|
ECW3 (Trade)
|
20.55
|
|
ECW4
|
21.57
|
|
ECW5
|
22.60
|
|
ECW6
|
23.63
|
|
ECW7
|
24.66
|
|
ECW8
|
25.69
|
|
ECW9
|
26.72
|
|
Electrical Trades Classifications
|
Rate per hour
|
|
Grade 1
|
17.51
|
|
Grade 2
|
18.35
|
|
Grade 3
|
19.18
|
|
Grade 4
|
20.02
|
|
Grade 5 Unlicensed
|
21.24
|
|
Grade 5 Qual S/V
|
22.14
|
|
Grade 6 Qual S/V
|
23.00
|
|
Grade 7 Qual S/V
|
24.66
|
|
Grade 8 Qual S/V
|
26.33
|
|
Grade 9 Qual S/V
|
27.17
|
|
Grade 10 Qual S/V
|
29.68
|
|
|
|
Allowances
|
Fares and Travel
|
$20.00 per day (refer to paragraph 10.3.2) or $25.45 per
day for employees
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Electrical, Electronic and Communications Contracting
Industry (State) Award
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Project Allowance
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$2.30 per hour flat rate (refer to paragraph 10.3.3)
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Welding Allowance
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$1.70 per hour flat rate (refer to paragraph 10.7.1)
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Superannuation
Employer contributions shall be $83.00 per week or in accordance
with the Superannuation Guarantee Legislation (refer to subclause 10.4),
whichever is the greater.
Redundancy
Redundancy payment: $61.00 per week (refer to subclause
10.5).
SCHEDULE 2
Employment Policy
To maximize employment of locals, it is the policy of the K6
Upgrade Project and contractors engaged on the project to, wherever possible,
employ "locals", defined as people whose usual place of residence is
within the area marked "local" on the attached map forming Schedule 3
to this award.
"Local" employees are entitled to fares and travel
allowance in accordance with paragraph 10.3.2 of subclause 10.3 of clause 10,
Rates of Pay and Allowances, and are not entitled to claim or be paid living
away from home allowance ("LAFHA") nor to be provided with reasonable
board and lodging.
Applicants who are "non-locals", defined as those
whose usual place of residence is outside the area marked "local" on
Schedule 3, are unlikely to be offered employment for the project. There may be special circumstances which are
exceptions to this policy such as:
Specialised skills in short supply locally;
Part of a contractor’s nucleus workforce.
If any "non-local" is engaged on the project as an
exception to this policy, he/she will be entitled to be provided with
reasonable board and lodging or LAFHA in accordance with subclause 10.6 of
clause 10, Rates of Pay and Allowances.
"Non-locals" who, for the purpose of seeking work
on the project, elect to establish themselves either temporarily or permanently
in the area marked "local" may apply for work on the project as
"locals".
Such applicants may declare a "local" usual place
of residence, will be entitled to fares and travel and will not be entitled to
reasonable board and lodging or LAFHA.
An employee who has been provided with a copy of this policy
will be deemed not to have been subjected to undue or duress in relation to the
declaration of the employee’s usual place of residence.
SCHEDULE 3
K6 Upgrade Project Map
Map cannot be reproduced for the purposes of publication in
the Industrial Gazette. See IRC02/7371.
SCHEDULE 4
Declaration Of "Local" Usual Place Of Residence
I, [insert name],
hereby declare that:
1. I have
received, read and understood a copy of the Project Employment Policy.
2. My
"usual place of residence" is recorded below and is within the area
marked "local" in Schedule 3 of this award.
3. I understand
that, as a "local" employee, I am entitled to payment of fares and
travel allowance in accordance with paragraph 10.3.2 of subclause 10.3 of
clause 10, Rates of Pay and Allowances, of this award, and am not entitled to
provision of reasonable board and lodging or payment of living away from home
allowance.
4. I understand
that this declaration will be the sole determinant of usual place of residence
for the purposes of the award.
5. I have not
been subjected to unique influence or duress in relation to any matters
contained in or relating to this declaration.
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Declared this
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day of
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200_
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Signature
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Signature
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Name
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Witness Name
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(printed)
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(printed)
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Address
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SCHEDULE 5
Declaration of "Non-Local" Usual Place of Residence
I, [insert name],
hereby declare that:
1. I have
received, read and understood a copy of the Project Employment Policy.
2. My "usual
place of residence" is recorded below and is outside the area marked
"local" in Schedule 3 of this award.
3. I understand
that, as a "non-local" employee, I am entitled to payment of fares
and travel allowance in accordance with paragraph 10.3.2 of subclause 10.3 of
clause 10, Rates of Pay and Allowances, of this award, and to provision of
reasonable board and lodging or payment of living away from home allowance.
4. I understand
that this declaration will be the sole determinant of usual place of residence
for the purposes of the award.
5. I have not
been subjected to unique influence or duress in relation to any matters
contained in or relating to this declaration.
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Declared this
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day of
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200_
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Signature
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Signature
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Name
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Witness Name
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(printed)
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(printed)
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Address
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SCHEDULE 6
Authority to Obtain Details of Immigration Status
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I,
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(Family Name)
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(Given Names)
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Date of Birth:
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Nationality:
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Visa No:
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Passport No:
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Authorise the Department of Immigration and Multicultural
Affairs (DIMA) to release by fax to
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__________________ (name of employer representative)
details of my immigration status and
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entitlement to work legally in Australia.
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This information will only be made available to a
representative of the principal at the K6 Upgrade Project-Berrima Works and
authorised trade union officer on request.
I also understand that the above-named will only use this
information for the purpose of establishing and verifying only my legal
entitlement to work in Australia and for no other purpose.
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Signed:
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Dated:
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Name of employer:
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Phone No:
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Fax No:
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Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: (02) 92584730
Fax: (02) 92584763
E. A. R. BISHOP,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.