WESTFIELD DESIGN AND CONSTRUCTION PTY LTD BONDI PROJECT AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Master
Builders' Association of New South Wales, industrial organisation of employers.
(No. IRC 7192 of 2002)
|
Before Commissioner
Tabbaa
|
10 February 2003
|
AWARD
TABLE OF CONTENTS
Clause No. Subject Matter
1. Introduction
2. Title
3. Parties
to the Award
4. Scope and
Purpose
5. Objectives
6. Definitions
7. Application
8. Duration
9. Industry
Standards
10. Project
Productivity Allowance
11. Environment,
Health, Safety and Rehabilitation (EHS&R)
12. Site
Amenities
13. Hoist
Operation
14. Dispute
Resolution
15. Productivity
Initiatives
16. Immigration
Compliance
17. Long Service
Compliance
18. Commitment
to No Further Claims
19. Private
Treaties
20. Single
Bargaining Unit
21. Union
Rights
22. Australian
Content
23. Protective
Clothing
24. Workers
Compensation and Insurance Cover
25. Apprentices
26. Training
and Workplace Reform
27 Accidental Death Cover
28 Anti-Discrimination
29. Personal/Carers
Leave
29(A). Bereavement
Leave
30. Enterprise
Bargaining Awards
31. Observance
of Award and Statutory Requirements
32. Project
Calendar
33. Annexure A
34. Annexure B
1. Introduction
The Parties acknowledge that the building industry has
special features, which may require the Parties to enter into agreements or
awards applicable to a particular project. This Award is intended to supplement
existing enterprise agreements or awards and be a framework document to assist
the Employers in management of Project specific issues. It is recognised that
this Award is not intended to extend the traditional coverage of the Union
Parties nor is it intended to cover works not within the scope of works given
to Westfield Design & Construction by their client.
2. Title
This Award shall be known as the Westfield Design &
Construction Pty Ltd Bondi Project Award 2002.
3. Parties to the
Award
This Award is between the following organisations:
(a) Westfield
Design & Construction Pty Ltd; and
(b) The
Construction Forestry Mining Energy Union of Australia (Construction and
General Division).
(c) Communication,
Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied
Services Union of Australia, Plumbing Division.
(d) .Electrical
Trades Union of Australia, New South Wales Branch.
(e) Automotive,
Food, Metals, Engineering, Printing and Kindred Industries Union, New South
Wales Branch.
(f) Labor Council
of New South Wales.
4. Scope and Purpose
This Award is to provide a sound platform for successful
construction of the project and the creation of a framework for innovative
employee relation practices designed to create a partnership between workers,
unions and management on the Project characterised by co-operation,
consultation and the elimination of disputation and lost time.
The parties agree that due to the size and construction
methods of this Project, the engagement by Westfield Design and Construction
Pty Ltd of a n appropriate number of Contractors and sub-Contractors within
each trade to undertake the works, will be required.
5. Objectives
The Parties agree to continue to develop and implement the
following objectives in respect of the following key areas on the Project:
(a) Increase
efficiency and productivity;
(b) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning ;
(c) Continued development
of communication processes which facilitate participation by all Employers,
Employees and Unions ;
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees;
(g) Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements or a wards and legislative requirements;
(m) Improved
conditions for all employees working on the project;
(n) Increased
leisure time for employees by eliminating excessive hours of work;
(o) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships;
(p) The adherence
to dispute settlement procedures;
(q) Agreement that
no sham-contract arrangement, illegal pyramid sub -contracting or sham
all-in-payments arrangement shall be allowed on the Project;
(r) The sourcing
of supplementary labour from bonafide contractors.
6. Definitions
"Award" means this Project Award for Westfield
Bondi Junction Shoppingtown Project.
"Employer Name" means Westfield Design &
Construction Pty Ltd.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means Westfield Design &
Construction Pty Ltd and/or any subcontractor engaged by Westfield Design &
Construction Pty Ltd to work on the Project, including subcontractors`
respective subcontractors plus other subcontractors engaged by Westfield Design
& Construction Pty Ltd and/or subcontractors for this project post Award
signing.
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Project" means the construction works contracted
to Westfield Design & Construction Pty Ltd.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by Westfield Design & Construction Pty
Ltd from time to time or his nominated representative.
"Safety Committee" means the site safety committee
formed under the Occupational Health and
Safety Act (NSW) 2000.
"T.E.T.A" means Transport Education Training
Australia.
"Unions" means each of the Unions listed in Part 2
of Annexure A.
7. Application
(a) Subject to paragraph
(c) of clause 7 and paragraph (d) of clause 7, this Award will apply to work
done on the Project by the Employees for the period the Employer engages the
employees to work on the Project.
(b) Further,
nothing in this Award shall prevent any party from negotiating an enterprise
Agreement or Award in accordance with the provisions of the Act during the life
of this Award. Provided further that this Award shall in no way create a claim
for flow-on of site wages rates and conditions provided for in this Award to
employees engaged in manufacturing, fabrication or other industries, associated
with Contractors and or Sub-Contractors involved with the Project.
(c) Despite any
other term of this Award, the Parties agree that the integrity of individual Enterprise
Agreements will be maintained and that where Employers have entered into an
Enterprise Agreement the provisions of that Enterprise Agreement will continue
to apply to the Employer and its Employees on the Project.
(d) The Parties
agree that where any term or condition in this Award is inconsistent with a
term or condition in an Enterprise Agreement, the terms of the Enterprise
Agreement will override the terms of this Award to the extent of any
inconsistency, provided the greater entitlement of any inconsistency shall
apply. The Parties agree that there is to be no "double dipping" in
the event that the provisions in an Enterprise Agreement cover the benefits
provided for in this agreement even if those benefits are paid or awarded differently.
Any issues concerning application of the provisions of
this Award will be resolved strictly in accordance with the provisions
contained in this Award.
(e) By entering
into this Award, the Parties intend to enter into legal relations and
acknowledge and agree that the terms of this Award will create a binding
contract.
(f) The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for work on this Project.
8. Duration
This Award shall operate on and from 22 May 2002 and to
remain in force until Practical Completion of the project.
9. Industry Standards
(a) Superannuation
and Redundancy
(1) The Parties
acknowledge that a contribution of $95.00 week will paid into the superannuation
fund nominated in the Building Awards being CBUS; NESS; STA, TWU Superannuation
Fund or other schemes approved by the parties. This contribution will increase
to $100.00 per week from 1 June 2003 and to $105.00 per week from 1 June 2004.
(2) The Employers
will make a contribution of $65.00 per week (increasing to $70 per week from 1
July 2003 and to $75.00 from 1 June 2004) into ACIRT or MERT or other schemes
approved by the parties.
(b) Top Up/24 Hour
Income Protection Insurance
Each Employer will provide Workers Compensation
Top-Up/24 Hour Income Accident Insurance with the CTAS scheme or other similar
schemes, which are approved by the parties to this Award.
10. Project
Productivity Allowance
Provided the clauses of this Award are adhered to, Westfield
Design & Construction Pty Ltd and its Sub-Contractors shall pay to workers
on site (except as provided by Clauses 4 and 11) and subject to the application
of this Award, a project productivity allowance of $3.40 per hour. This allowance
will be paid on an hours worked basis only, and will not attract any premium or
penalty. This allowance is a payment made in recognition of the need for every
subcontract company on site to work in partnership to ensure realisation of
project objectives. It will be in lieu of any special rate as prescribed by the
various awards covered by this Award if not already absorbed by an allowance in
an EBA. Further, it is agreed that this allowance shall apply in addition to
Productivity Allowances prescribed by various enterprise Awards unless
specifically excluded or otherwise stated.
Payment of a site allowance shall apply from the
commencement of the Project.
Transport Drivers
(1) Employees -
Rates of Pay
It is further agreed that any Transport Worker carrying
out work relating to the Project will be paid, in addition to his/her Award or
Enterprise Award rate of remuneration, any applicable Project productivity
allowance, provided that the driver has had a regular involvement of two (2)
hours or more on any day with the project.
In the case of a dispute work shall continue in
accordance with the dispute settlement procedure(s) of this Award.
(2) Contract
Carrier
The Parties agree that all Contract Carriers involved
in the Transport Industry shall be paid the rates of pay applicable under the
Transport Industry Excavated Materials Contract
Determination for the cartage of materials to, on and
from the site.
(3) GST
Rates paid to contractor’s carriers, including any applicable
project productivity allowance, shall be exclusive of GST. A separate amount
equal to 10% of the value of the remuneration payable shall be paid to the
carrier for contracts of carriage [the GST amount]. The total fee payable to
the contract carrier shall be the sum of the remuneration payable and the GST
Amount.
11. Environment,
Health, Safety and Rehabilitation (EHS&R)
(a) Induction
(i) All Employees
must attend an EHS&R site induction course which complies with the OH&S
Regulation 2001 (NSW) on commencement of engagement on site.
(ii) The Parties
recognise the EHS&R induction training provided by T.E.T.A. for casual and
permanent transport workers who fall within the scope of the award.
(b) Environment,
Health and Safety Plans
(i) All Employers
must submit an environment, health safety and rehabilitation management plan.
These plans should include evidence of:
(1) risk
assessment of their works;
(2) hazard
identification, prevention and control;
(3) planning and
re -planning for a safe working environment;
(4) industry and
trade specific induction of Employees;
(5) monitoring
performance and improvement of work methods;
(6) reporting of
all incidents/accidents;
(7) compliance
verification; and
(8) regular
EHS&R meetings, inspections and audits of the Project.
(c) The Safety
Committee
(i) The Safety
Committee will be properly constituted with an agreed constitution. All members
of the safety committee will undertake agreed Occupational Health and Safety
training with accredited Workcover Authority providers.
(d) Safety
Procedures
(i) The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
(ii) 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.
(iii) 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 those employers may direct
employees to move to a safe place of work. No employee will be required to work
in any unsafe area or situation. No employee will leave the project subject to
Clause 12 of this Award.
(E) OH&S
Industry Induction
No person will be permitted to start work on site
unless he/she has completed the WorkCover NSW Accredited OH&S Industry
Induction Course.
(f) Formwork
Safety
All persons engaged on the erection or dismantling of
formwork will have the relevant WorkCover Formwork Certificate of Competency.
Where an employee does not have a Certificate of Competency a Workcover
Authority accredited provider will be contacted to assess the qualifications of
the relevant employee.
(g) Temporary
Power/Testing and Tagging
In order to maintain the highest standards of safety in
regard to the use of electricity during construction, it is agreed that the temporary
electrical installation is installed strictly in accordance with AS 3012
(1995). All work is to be carried out or supervised by qualified electrical
tradesperson(s). Testing and tagging is to be carried out only by qualified
electrical tradesperson.
(h) Smoke Free
Zones
The parties agree in an effort to minimise the affects
and discomfort caused by smoking that Westfield Shopping Centres and the
Accommodation, Amenity and site office areas shall be strictly non-smoking
zones.
(i) First Aid
First aid requirements shall be maintained in
accordance with the relevant Legislation and Regulations applying to the
Occupational Health and Safety Act.
12. Site Amenities
Amenities on the Project will comply at least with the
provisions of the WorkCover Amenities Code of Practice as well as having
reference to industry standards.
13. Hoist Operation
The parties agree that where the personnel hoists(s)
provided on a project ceases to work or breaks down, as a temporary measure
employees will be required to access their relevant work areas subject to
safety considerations including safe access via stairs provided. Under these
circumstances, and in consultation with the site safety committee and/or site
union delegate, employees will be expected to access their relevant work areas
without unreasonable restriction.
14. Dispute
Resolution
One of the aims of this Award is to eliminate lost time in
the event of a dispute and to achieve prompt resolution of any dispute.
(a) Employer
Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employees or their representative
Union, the following procedure will be adopted:
(i) Discussion
between those directly affected;
(ii) Discussion
between site management representatives of the Employer and the Union delegate;
(iii) Discussion
between site management representatives of the Employer and the Union
organiser;
(iv) Discussion
between senior management of the Employer, Westfield Design & Construction
Pty Ltd Project Manager and the appropriate Union official;
(v) Discussion
between the Secretary of the relevant Union (or nominee) and Westfield Design
& Construction Pty Ltd Senior Project Manager (or nominee);
(vi) If the dispute
is not resolved after step (v), parties to the Award may notify the dispute to
the Industrial Relations Commission of New South Wales, and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to it’s powers set out in the Industrial
Relations Act 1996 (NSW).
(vii) Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
(b) Project Wide
Disputes
In the event of a dispute or conflict effecting more
than one Employer occurring, the following procedure will be adopted:
(i) Discussion
between those directly affected;
(ii) Discussion
between site management representatives Westfield Design & Construction Pty
Ltd and the Union delegate;
(iii) Discussion
between site management representatives of Westfield Design & Construction
Pty Ltd and the Union organiser;
(iv) Discussion
between senior management of Westfield Design & Construction Pty Ltd and
the appropriate Union official;
(v) Discussion between
the Secretary of the relevant Union (or nominee) and Westfield Design &
Construction Pty Ltd Senior Project Manager (or nominee);
(vi) If the dispute
is not resolved after step (v), parties to the Award may notify the dispute to
the Industrial Relations Commission of New South Wales, and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to it’s powers set out in the Industrial
Relations Act 1996 (NSW).
(vii) Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
(c) Demarcation
Disputes
In the event that a dispute arises which cannot be
resolved between the relevant Unions, the Unions agree to the following dispute
settling procedure:
(i) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes.
(ii) Discussion
between the Labor Council of New South Wales and the Unions to try to resolve
the dispute.
(iii) If the
dispute is not resolved after step (ii), either Union may notify the dispute to
the Industrial Relations Commission of New South Wales and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial
Relations Act 1996 (NSW).
15. Productivity
Initiatives
(a) Learning
Initiatives
Each Employer shall be required to demonstrate to
Westfield Design & Construction Pty Ltd implementation of commitment to
skill enhancement and workplace reform while working on the Project.
(b) Inclement
Weather
The Parties to this Award will collectively proceed
towards the minimisation of lost time due to inclement weather. Further, the
Parties are bound to adopt the following principles with regard to inclement weather
and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful work is available in that area or site
and that work is within the scope of the Employee’s skill, competence and
training consistent with the relevant classification structures (provided that
the Employer shall provide transport to such unaffected area where necessary);
(iii) Where the
initiatives described in (b) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
(iv) All Parties
are committed to an early resumption of work following any cessation of work
due to inclement weather;
(v) The Parties
agree the practice of "one out, all out" will not occur.
(vi) If it is
necessary to walk through inclement areas in order to make areas safe,
appropriate protection will be provided.
(vii) It if is
necessary walk through inclement areas in order to get to agreed working areas,
appropriate protection will be provided.
(viii) Should a
portion of the Project be affected by inclement weather, all other employees
not so affected shall continue working regardless of the fact that some
employees may not be gainfully employed due to inclement weather.
(c) Rostered Days
Off
Subject to Clause 32 a procedure for the implementation
of Rostered Days Off (RDOs) will be agreed on the Project. The purpose of this
roster is to:
(1) increase the
quality of working life for Employees; and
(2) increase the
productivity of the Project.
(3) increased
flexibility for the project.
(i) The parties
agree that the taking of RDO’s may be altered in order to improve productivity
by exercising a more flexible arrangement in respect of employees taking a RDO being
distributed during the twenty (20) day work cycle. This will enable the Project
to work productively on those days scheduled as industry rostered days off.
The banking of RDO’s (to a maximum of six (6) days) may
also be undertaken by Award so as to include for peak production times.
Westfield Design & Construction Pty Ltd may change
the RDO’s so as to coincide with the taking of gazetted public holidays or any
other similar events that can affect a significant proportion of employees and
thus mini mise absenteeism and provide greater flexibility for employees on
such occasions. Such arrangement shall be subject to consultation.
(ii) A roster of
RDO’s will be prepared, following consultation with the workforce and parties
to the Award.
(iii) Records of
each Employee’s RDO accruals will be recorded on the employees pay slip and
copies made available to the Employee, the Employee’s delegate or union
official upon request. It is acknowledged that different arrangements in
relation to the banking of RDO’s may apply to members of the CEPU.
(iv) Where agreement
is reached between the Contractor, or Sub -Contractor/s and the majority of its
employees on the Project, an alternative day is substituted for the programmed
RDO all provisions of the Award shall apply as if such day were the programmed
RDO and the originally programmed RDO shall be regarded as a normal working
day.
(d) Maximising
Working Time
The Parties agree that crib and lunch breaks may be
staggered for Employees so that work does not cease during crib and lunch.
There will be no unreasonable interruption of the comfort of employees having
lunch with the amenities to be maintained in a clean and hygienic state at all
times.
(e) Hours of Work
The ordinary hours of work shall be applicable for the
purposes of this Award between 6.00AM and 7.00PM. Upon agreement being reached
between the various on-site Sub-Contractors and their Employees the ordinary
hours work may be varied so as to commence from 5.00AM with consequent meal and
finishing times adjusted during the application of daylight saving time.
(f) Site Drug and
Alcohol Policy
Under no circumstances will any employee affected by
alcohol or any drug be permitted to work on the Project. Further, the parties
agree that no alcohol will be permitted on the construction site and reference
to the BTG Drug and Alcohol policy will be made in the resolution of any
related issues.
(g) Site Meetings
The parties recognise the unions’ right to hold
meetings with its members in accordance with each Sub-Contractors’ Enterprise
Bargaining Awards (where applicable). A minimum of 48 hours notice shall be
given for any proposed meetings to Westfield Design & Construction Pty Ltd,
where practicable.
Prior to any Union Official attending site, the Union Official
shall report to Westfield Design & Construction Pty Ltd’s Site Management’s
Office.
The parties agree, however, there will be no automatic
payment for any stop work meeting, but recognise the need for communication
meetings.
16. Immigration Compliance
(a) 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 Westfield Design &
Construction Pty Ltd of the importance of immigration compliance.
(b) Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorization form attached to this Award as per
Annexure B will assist in providing evidence of the employee’s legal status.
17. Long Service
Compliance
If applicable, and in accordance with the NSW Building and Construction Industry Long
Service Leave Act, no Employee will be engaged on site unless he or she is
a worker registered with the NSW Long Service Payments Corporation. All
Employers (if applicable) engaged on site will be registered as employers in
accordance with the NSW Building and
Construction Industry Long Service Payments Act and will strictly comply
with their obligations.
18. Commitment to No Further Claims
The parties acknowledge that an important ingredient of
sound employee relations on a construction project is stability and
predictability. They have therefore devoted considerable time to examining the
nature and scope of the Project, its particular features and circumstances and
the issues, which require discussion and resolution between the parties.
(a) No Extra
Claims
As a result of this approach the Parties agree that it
is a term of this Award that the employees and unions signatory to this Award
will not pursue any further claims against the company during its period of
operation.
(b) No Precedent
The Parties agree not to use this Award as a precedent and
that this Award will in no way create a claim for flow-on of on-site wage rates
and conditions.
19. Private Treaties
The parties are aware of the convention of some Employers in
the industry making payments to their employees in excess of the relevant
parent awards by private treaty for incentive purposes or for the purpose of
attracting labour. Nothing in this provision presents an endorsement of sham
sub-contract arrangements or sham all-in-payments.
Signatories to this Award will not seek to increase the
terms of this Award as result of any private treaty as described above. They
will not seek to obtain any redress from Westfield Design & Construction
Pty Ltd or intervene in any way as a result of such a treaty providing that
such Sub-Contractors comply with the other terms of this Award where
applicable.
Further, the signatories to this Award will not seek to
flow-on the conditions of any private treaty to any other
Sub-Contractor/Employee engaged on the Project.
20. Single Bargaining
Unit
This Award was negotiated by the Labor Council of New South
Wales on behalf of the Unions and by Westfield Design & Construction Pty
Ltd in its own right and on behalf of the Employers.
21. Union Rights
The Parties to this award acknowledge the right of employees
to be active union members and respect the right of the union to organize and
recruit employees. The Parties to this award also acknowledge that good
communication between the union official, the delegate and its members is an
important mechanism in assisting the parties to resolve grievances and disputes
in a timely fashion.
(a) Visiting Union
Officials
(i) Where
practicable, Union officials (party to this Award) when arriving onsite, shall
call at the site office and introduce themselves to a Management representative
of the Employer, prior to pursuing their union duties.
(ii) Union
officials shall produce their right of entry permits, if required, and observe
the relevant Building Awards, the Occupational
Health and Safety Act and Regulations, and other statutory/legislative
obligations for entry to the site.
(iii) 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.
(iv) All such wages
books and other payment records shall be made available within 48 hours on site
or at another convenient, appropriate place, provided notice is given to the
Employers and the Project Manager by the Union.
(v) Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Building Awards, Enterprise Awards, the Industrial Relations Act 1996 (NSW), or
other Employer Statutory requirements
(b) Workplace
Delegates
In this clause the expression "delegate"
means an employee who is the accredited representative of the Union at an
employer’s work place, and if there is more than one delegate in respect of the
workforce of that employer then the expression "delegate" means each
and every such de legate so accredited by the Union in relation to that
employer’s workforce.
(c) Rights of the
Delegate
(i) The parties
acknowledge it is the sole right of the Union and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the Union at the site.
(ii) The delegate
shall have the right to approach or be approached by any employee of the
employer to discuss industrial matters with that employee during normal working
hours.
(iii) The delegate
shall have the right to communicate with members of the Union in relation to
industrial matters without impediment by the employer. Without limiting the
usual meaning of the expression "impediment", this provision applies
to the following conduct by an employer:
moving a delegate to a workplace or work situation
which prevents or significantly impedes communication with members;
changing a delegate’s shifts or rosters so that
communication with workers is prevented or significantly impeded;
disrupting duly organised meetings.
(iv) The delegate
shall be entitled to represent members in relation to industrial matters at the
workplace, and without limiting the generality of that entitlement is entitled
to be involved in representing members:
at all stages in the negotiation and implementation of
enterprise Awards or awards or other industrial instruments;
the introduction of new technology and other forms of
workplace change;
Career path, reclassification, training issues; and to
initiate discussions and negotiations on any other matters affecting the
employment of members
Ensuring that workers on site are paid their correct
wages, allowances and other lawful entitlements.
To check with relevant industry schemes so as to ensure
that superannuation, long service leave and redundancy has been paid on time.
(v) In order to
assist the delegate to effectively discharge his or her duties and
responsibilities, the delegate shall be afforded the following rights:
the right to reasonable communication with other
delegates, union officials and management in relation to industrial matters,
where such communication cannot be dealt with or concluded during normal breaks
in work;
paid time off work to attend relevant Union training
courses/forums;
paid time off to attend meetings of delegates in the i
industry, as authorized by the relevant union.
(vi) The employer
of a delegate shall provide to the delegate the following:
a lockable cabinet for the keeping of records;
a lockable notice board for the placement of Union
notices at the discretion of the delegate;
where practicable, i.e. on large sites, a union office;
where a union office room is not practicable, access to
a meeting room;
use of the telephone for legitimate union business;
from existing resources, and when required access to:-
a word-processor, typewriter, or secretarial support at
the workplace;
to personal computers (PC), CD ROM and E-mail and the
Internet at the workplace;
a photocopier or facsimile machine.
(vii) There shall be
no deduction to wages where the Union requires a delegate to attend any Court
or Industrial Tribunal proceedings relating to Industrial matters at the
workplace.
(d) Union
Membership
Properly accredited officials and workplace
representatives of the union shall have the right to be provided with
appropriate access to employees to promote the benefits of union membership.
To assist in this process the Employer shall:
(i) If requested by
the employee in writing, 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;
(ii) Provide the
union with access to talk to new employees;
(iii) Ensure that
all supervisors are trained in the provisions of the Project Award.
22. Australian
Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
and feasible.
23. Protective
Clothing
23.1 Unless
otherwise set out in individual EBA’s Employers will provide their Employees
engaged on site with legally produced Australian made protective clothing and
footwear on the following basis:
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on site and will
be replaced on a fair wear and tear provided they are produced to the Employer
as evidence.
(b) Clothing
Two sets of protective clothing (Combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year as a result of fair wear and tear and are produced to the
Employer as evidence.
(c) Jackets
Each person, after accumulated employment on site of
152 hours shall be eligible to be issued with warm bluey jacket or equivalent,
which will be replaced once pre calendar year on a fair wear and tear basis.
In circumstances where any Employee(s) or Employers are
transferred to the project from another Project where an issue of equivalent
clothing was made, then such Employee shall not be entitled to an issue to this
Project until the expiry of the calendar year or on a fair wear and tear basis.
23.2 Employers will
consult with the Labor Council of NSW to be provided with a list of Australian
manufacturers who do not use illegal or exploited labour in the manufacturing
of their work clothes.
24. Workers
Compensation and Insurance Cover
Employers must ensure that all persons that they engage to
work on the project are covered by workers compensation insurance.
Westfield Design & Construction Pty Ltd will review
Workers Compensation Certificates of Currency from each Employer engaged on
site to ensure that the wages estimate and tariff declared for the type of work
undertaken is correct. This information will be available to authorised Union
officials on request.
Employers and their Employees must comply with the following
steps to ensure expedited payment of workers compensation:
(i) All Employees
will report injuries to the project first aider and their supervisor at the
earliest possible time after the injury
(ii) 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.
(iii) In cases
where the Employee is unable to comply with the above, the relevant employer
will assist in fulfilling requirements for making a claim.
Employers must ensure that they are aware of and will
abide by Sections 63 to 69 of the Workers
Injury Management and Workers Compensation Act 1998, which provide that:
(a) The Employer
shall keep a register of injuries /site accident book in a readily accessible
place on site.
(b) All Employees
must enter in the register any injury received by the Employee. The Employer
must be notified of all injuries on site immediately. The employer must notify
the insurer within 48 hours of a significant injury.
(c) An Employer
who receives a claim for compensation, must within seven (7) days of receipt,
forward the claim or documentation, to their insurer.
(d) An Employer
who receives a request from their insurer for further specified information
must within seven (7) days after receipt of the request, furnish the insurer
with the information as is in the possession of the Employer or reasonably
obtained by the Employer.
(e) An Employer
who has received compensation money from an insurer shall forward such money to
the person entitled to the compensation within three (3) working days.
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.
The Employer will also complete the relevant accident
notification form and send it to WorkCover.
25. Apprentices
As part of the Employer’s commitment to industrial training,
all Employers are encouraged to maintain a ratio of one apprentice/trainee to
every five tradesperson within each Employer’s workforce.
26. Training and
Workplace Reform
The Parties are committed to achieving improvements in
productivity and innovation through cooperation and reform. Employers are
expected to demonstrate their commitment to develop a more highly skilled
workforce by providing their Employees with career opportunities through
appropriate access to training and removing any barriers to the use of skills
acquired.
27. Accidental Death
Cover
In addition to other payments provided by this Award,
Westfield Design & Construction Pty Ltd will pay a $25,000 mortality
payment, to the family or other nominated beneficiaries of any worker who dies
as a result of a site accident or injury, or on their normal journey to and
from the site.
28.
Anti-Discrimination
It is the intention of the parties bound by this Award to
seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the ground of
race, sex, martial status, disability, homosexuality, transgender identity,
responsibilities as a carer and age.
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 fulfillment 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.
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.
Nothing in this clause is to be taken to affect:
(1) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(2) offering or
providing junior rates of pay to persons under 21 years of age;
(3) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(4) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
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.”
29. Personal/Carers
Leave
(a) Use of Sick
Leave
(i) An Employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subclause 25.1 (c)(ii) who needs the Employee’s care and
support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, for absences to provide care and
support, for such persons when they are ill. Such leave may be taken for part
of a single day.
(ii) 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.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to
the Employee being responsible for the care of the person concerned and the
person concerned being:
a spouse of the Employee; or
a de facto spouse, who, in relation to a person, is a
person of the opposite sex to the first mentioned person who lives with the
first mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
a child or an adult child (including an adopted child,
a step child, a foster child or an ex-nuptial child), parent (including a
foster parent and legal guardian) grandparent, grandchild or sibling of the
Employee or spouse or de facto spouse of the employee; or
a same sex partner who lives with the Employee as the
de factor partner of that Employee on a bona fide domestic basis; or
a relative of the Employee who is a member of the same
household, where for the purposes of this paragraph:
(i) "relative"
means a person related by blood, marriage or affinity;
(ii) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other: and
(iii) "household"
means a family group living in the same domestic dwelling.
(iv) 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.
(b) 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 25.1 (c)(ii) above who is ill.
(c) Annual Leave
(i) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), to take annual leave not exceeding
five days in single day periods or part thereof, in any calendar year at a time
or times agreed by the parties.
(ii) Access to
annual leave, as prescribed in paragraph 25.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under this Award.
(iii) 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.
(d) Time-off in
Lieu of Payment for Overtime
(i) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(ii) 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.
(iii) If, having
elected to take time as leave in according with paragraph 25.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(iv) Where no
election is made in accordance with paragraph 25.4(a), the Employee shall be
paid overtime rates in accordance with the award.
(e) Make-up Time
(i) 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.
(ii) 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.
(f) Rostered days
off
(i) An Employee
may elect, with the consent of the Employer, to take a rostered day off at any
time.
(ii) An Employee
may elect, with the consent of the Employer, to take rostered days off in part
day amounts.
(iii) 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.
(iv) 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.
29(A) Bereavement
Leave
(i) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in subclause (iii) below.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in clause 29, provided
that for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(b), (c), (d), (e) and (f) of the said clause 29. In determining such a request
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the business.
30. Enterprise
Bargaining Awards
(a) All
subcontractors will be encouraged to have enterprise bargaining agreements with
the relevant unions.
(b) The Parties
agree to minimize the impact of any industrial action on the project that may
arise out of the negotiation or renegotiation of subcontractors’ enterprise
bargaining agreements (EBA’s).
(c) Where conditions
relating to amounts and method of payment of Project productivity/site
allowances are specifically mentioned in a sub contractor’s enterprise
agreement and are at variance with the conditions of this agreement then
discussions will take place between the parties to seek a resolution in
accordance with the clauses of this Award.
31. Observance of
Award and Statutory Requirements
(a) Westfield
Design & Construction Pty Ltd in association with the accredited site union
delegate will check monthly payments of subcontractors' companies engaged on
site superannuation, redundancy and extra insurance to ensure payments for
employees have been made as required.
(b) Westfield
Design & Construction Pty Ltd and site delegate shall also check that
employers have not introduced arrangements such as and not limited to ‘all-in’
payment and or ‘cash-in-hand’ payments, (i.e. a payments designed to avoid tax
and other statutory obligations and sham subcontract arrangements. Where such
practices are identified they will be immediately stopped.
(c) Each
subcontractor engaged on site will be specifically advised in respect of
payroll tax and required to comply with their lawful obligations.
(d) When an
employer receives a statement pursuant to Section 127(3) of the Industrial Relations Act of NSW they
shall provide on request the union delegate on site with a copy of such
statement within 7 days.
The union delegate or union official shall advise
Westfield Design & Construction Pty Ltd if they believe the information
which has been provided by the subcontractor is not correct.
32. Project Calendar
For the purposes of this Award the Parties agree that the
following calendar will be adopted for the Project. The Parties agree that on
certain weekends (as set out in the Calendar), no work shall be carried out.
Provided, however, where there is an emergency or special
client need, work can be undertaken on the weekends and adjacent RDO’s as set
out below, subject to the agreement of the appropriate union secretary or his/her
nominee. In such circumstances reasonable notice (where possible), shall also
be given to the union secretary.
Site Calendar 2002
|
Saturday
|
November 30
|
|
|
Sunday
|
December 1
|
|
|
Monday
|
December 2
|
(Picnic Day)
|
Site Calendar 2003
|
Saturday
|
January 25
|
|
|
Sunday
|
January 26
|
|
|
Monday
|
January 27
|
Australia Day Public Holiday
|
|
Tuesday
|
January 28
|
RDO
|
|
|
|
|
|
Thursday
|
April 17
|
RDO
|
|
Friday
|
April 18
|
Good Friday Public Holiday
|
|
Saturday
|
April 19
|
|
|
Sunday
|
April 20
|
|
|
Monday
|
April 21
|
(Easter Monday Public Holiday
|
|
|
|
|
|
Saturday
|
June 7
|
|
|
Sunday
|
June 8
|
|
|
Monday
|
June 9
|
Queens Birthday Public Holiday
|
|
Tuesday
|
June 10
|
RDO
|
|
|
|
|
|
Saturday
|
October 4
|
|
|
Sunday
|
October 5
|
|
|
Monday
|
October 6
|
Labour Day Public Holiday
|
|
Tuesday
|
October 7
|
RDO
|
|
|
|
|
|
Saturday
|
November 29
|
|
|
Sunday
|
November 30
|
|
|
Monday
|
December 1
|
Picnic Day
|
|
Tuesday
|
December 2
|
RDO
|
|
|
|
|
|
Christmas/New Year
|
|
|
|
|
|
|
|
December/January to be determined at site level
|
Site Calendar 2004
|
Saturday
|
January 24
|
|
|
Sunday
|
January 25
|
|
|
Monday
|
January 26
|
Australia Day Public Holiday
|
|
Tuesday
|
January 27
|
RDO
|
|
|
|
|
|
Friday
|
April 9
|
Good Friday Public Holiday
|
|
Saturday
|
April 10
|
|
|
Sunday
|
April 11
|
Easter Sunday
|
|
Monday
|
April 12
|
(Easter Monday Public Holiday
|
|
Tuesday
|
April 13
|
RDO
|
|
|
|
|
|
ANZAC weekend
|
April
|
Leave Reserved
|
|
|
|
|
|
Saturday
|
June 12
|
|
|
Sunday
|
June 13
|
|
|
Monday
|
June 14
|
Queens Birthday Public Holiday
|
|
Tuesday
|
June 15
|
RDO
|
|
|
|
|
|
Saturday
|
October 2
|
|
|
Sunday
|
October 3
|
|
|
Monday
|
October 4
|
Labour Day Public Holiday
|
|
Tuesday
|
October 5
|
RDO
|
|
|
|
|
|
Saturday
|
December 4
|
|
|
Sunday
|
December 5
|
|
|
Monday
|
December 6
|
Union Picnic Day
|
|
Tuesday
|
December 7
|
RDO if applicable
|
33. Annexure A - (Parties)
Part 1
EMPLOYER:
Westfield Design & Construction Pty Ltd
Part 2
UNIONS:
The Labor Council of New South Wales (The Labor
Council);
Construction Forestry Mining Energy Union (Construction
& General Division) New South Wales Divisional Branch;
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Electrical Trades Union of Australia (NSW Branch);
Transport Workers Union (TWU);
Automotive Food Metals Engineering Printing &
Kindred Industries Union (also known as AMWU).
34. Annexure B
Authority To Obtain From DIMA Details Of Immigration Status
|
I,
|
|
|
[Family Name]
|
(Given Name/s)
|
|
|
|
|
|
|
|
Date of Birth:
|
Nationality:
|
|
|
|
|
|
|
|
Visa number:
|
Passport number:
|
I authorize 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 the employer
representative or an authorised trade union officer on request.
I also understand the above-named will only use this
information for the purpose of establishing and verifying only my legal
entitlement to work in Australia and for no other purpose.
|
Signed:
|
Dated:
|
|
|
|
|
Name of employer:
|
|
|
|
|
|
Phone:
|
Fax:
|
Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: (02) 9258 4730
Fax: (02) 9258 4763
I. TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.