BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1692)

SERIAL C1993

REDEVELOPMENT OF THE SYDNEY HILTON AND CAPITAL CENTRE 255 - 259 PITT STREET SYDNEY PROJECT AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Leighton Contractors Pty Limited for a new award.

(No. IRC 2208 of 2003)

Before The Honourable Justice Walton, Vice-President

21 May 2003

AWARD

Clause No. Subject Matter

1. Objectives

2. Definitions

3. Application

4. Performance Payment

5. Duration

6. Industry Standards

6.1. Superannuation and Redundancy

6.2. Top Up/24 Hour Income Protection Insurance

6.3. Transport Award Drivers

6.4. Lorry Owner Drivers

7. Environment, Health, Safety And Rehabilitation

7.1. Induction

7.2. Environment, Health and Safety Plans

7.3. The Safety Committee

7.4. Safety Procedures

7.5. Formwork Safety

7.6. Temporary Power/Testing and Tagging

8. Dispute Settlement Procedures

8.1. Employer Specific Disputes

8.2. Project Wide Disputes

8.3. Demarcation Disputes

8.4. Procedures To Prevent Disputes Regarding Non-Compliance

9. Safety Dispute Settling Procedures

10. Monitoring Committee

11. Productivity Initiatives

11.1. Learning Initiatives

11.2. Inclement Weather

11.3. Rostered Days Off

11.4. Maximising Working Time

11.5. Hours of Work

12. Immigration Compliance

13. Long Service Compliance

14. Union Representation

15. Australian Content

16. Protective Clothing

17. Workers Compensation and Insurance Cover

18. Apprentices

19. Training and Workplace Reform

20. Project Death Cover

21. Anti-Discrimination

22. Personal/Carers Leave

22.1. Use of Sick Leave

22.2. Unpaid Leave For Family Purpose

22.3. Annual Leave

22.4. Time-Off In Lieu of Payment for Overtime

22.5. Make-Up Time

22.6. Rostered Days Off

23. Project Close-Down Calendar

24. Single Bargaining Unit

25. No Precedent

26. No Extra Claims

27. Bereavement Leave

Annexure "A"

Parties & Classifications

Annexure "B"

Authority To Obtain From DIMA Details Of Immigration Status

1. Objectives

The objectives of this Project Award are to:

(a) Improve productivity by initiatives aimed at:

(i) Communication, consultation and relationships between Employer, Employees and Unions

(ii) Health and safety

(iii) Training and skill formation

(iv) Flexible workplace practices

(b) Provide good wages and conditions to all Employees engaged on the Project.

(d) Enterprise Agreements and legislative requirements.

(e) Promote and implement improved work methods and productivity.

(e) Complete the Project on time or earlier to quality requirements, and within budget.

(f) Adopt a co-operative and non-adversarial approach to all industrial relations issues.

(g) Assist in developing a harmonious relationship between Leighton, Sub-Contractors, Unions and employees in respect of this Project.

(h) Enhance occupational health and safety practices.

(i) Increase leisure time for Employees by reducing excessive hours of work.

(j) Implement of forms of work organisation which encourage the use and acquisition of skills and continual learning.

(k) Improve quality of work.

(l) Increase the scope of sub-contract work packages to promote genuine skill enhancement and acquisitions by Employees.

(m) Provide a career structure for all Employees based on skill enhancement, competencies and increased job satisfaction.

(n) Set common standards of facilities, crib, first-aid, etc.

(o) Provide a forum for dispute resolution between sub-contractors, the Unions and Leighton.

(p) Note that Unions party to this Award have an objective that Employers have an appropriate Enterprise Agreement in place.

(q) Minimise the impact of any industrial action on the Project that may arise out of negotiation or renegotiation of other Employer’s Enterprise Agreements.

2. Definitions

"Awards" means those Awards listed in Annexure "A".

"Employee" means a person engaged by an Employer and who performs work on the Project in the classifications set out in Annexure "A".

"Employer" means Leighton Contractors Pty Limited and/or any subcontractor engaged by Leighton Contractors Pty Limited to work on the Project, including subcontractors’ respective subcontractors.

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

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

"Excavation and Demolition Material" shall be as defined in the Transport Industry - Excavated Materials Contract Determination published 24 October 1997, as varied.

"Leighton" means Leighton Contractors Pty Limited (A.C.N. 000 893 667) of Level 10, 12 Help Street Chatswood, NSW 2067

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

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

"Practical Completion" means the completion of the Project, where the building is fit for occupancy and/or purpose, as determined by Leighton Contractors Pty Limited Client.

"Project Award" means this Redevelopment of the Sydney Hilton and Capital Centre Project Award made between the Parties.

"Project" means the construction works contracted to Leighton Contractors Pty Limited at 255-259 Pitt Street, Sydney.

"Project Manager" means the senior person appointed by Leighton Contractors Pty Limited to manage the Project from time to time.

"Project Milestones" means those programmed milestones and targets described in Clause 4.

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

"Project Plan" means the Project or site management plan, a copy of which can be located at the office of the Project Manager.

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

"Union Delegate" means the Employee who is the accredited representative of the Union members on the Project.

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

3. Application

3.1 This Project Award shall be known as the Redevelopment of The Sydney Hilton Project Award, and shall cover on site construction work carried out by Employees who are covered by those Awards referred to in Annexure "A".

3.2 This Project 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.

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

3.4 The Parties also acknowledge and agree that the terms of this Project Award form part of the tender conditions for work on this Project.

4. Performance Payment

A performance payment linked to works completed against the construction program shall apply to the Project.

The performance payment shall relate to achievements for works completed to Targets and Project Milestones.

The Completion to Targets and Project Milestones Payment shall be calculated and paid as follows:

(a) The Parties to this Award shall establish monthly Targets and review dates with reference to the Project Milestones;

(b) The monthly reviews will certify the achievement of Targets for the purpose of entitlement to the payment for works completed;

(c) The payment shall be $3.00 per hour paid for each hour of time worked on and from the date of commencement each Employee commenced work on the Project

(d) Payment shall be made as part of their weekly wages;

(e) Payment shall be made progressively in the normal weekly wages;

(f) Payment is not subject to CPI.

In the event that a monthly Target is not achieved, the Monitoring Committee shall meet to determine:

(a) The reason why the Target was not achieved;

(b) The action required to catch up to the Target;

(d) However, if in spite of the Parties best efforts, a Target is not achieved for two consecutive months and there are no extenuating circumstances then the Monitoring Committee shall meet to discuss why that Target has not been achieved and how best to make up time to ensure Targets are achieved;

(e) Payment shall be calculated on an hours worked basis only, and shall not include any calculation of Award or other entitlements. This payment does not attract any penalty or premium.

The Project Milestone Dates Are:

Redevelopment of The Sydney Hilton And Capital Centre
Assessment of Progress
	Project Milestones	Date (Monthly)
Milestone 1	Complete demolition of Pitt St P/T beam	25 June 2003
Milestone 2	Complete structure of office floor extensions
	Complete podium demolition B1 to L4	31 August 2003
Milestone 3	Complete podium concrete structure	30 November 2003
Milestone 4	Complete hotel refurbishment L20 to L43	30 April 2004
Milestone 5	Project Completion	4 June 2004

(a) If a Project Milestone Date is not achieved and there are no extenuating circumstance(s) acceptable to the Monitoring Committee, then no payment will be made against achievement of that Milestone;

(b) If in the following period(s) work catches up to allow achievement of the subsequent Project Milestone(s) then a payment shall be made and shall include payment(s) for the preceding Project Milestone;

(c) The Parties agree that the Leighton Project Manager, in conjunction with the Monitoring Committee shall determine if the identified Milestones for the Project have been achieved.

Payment Application of the Performance
Payment Payable to Employees
Type of Work And Status of Engagement	Performance Payment Application
Normal Work	Applies
Sick Leave	Does not apply
Annual Leave	Does not apply
Public Holidays	Does not apply
Rostered Days Off	Applies
Workers Compensation	Does not apply
Training on-site	Applies
Jury Duty	Does not apply
Bereavement Leave	Does not apply
Inclement Weather Off Site	Does not apply
Inclement Weather On Site	Applies
Unauthorised Stoppages	Does not apply
Any other paid downtime	Does not apply

5. Duration

This Project Award shall operate on and from the 6 January 2003 until Practical Completion of the Project.

6. Industry Standards

6.1 Superannuation and Redundancy

The Parties acknowledge that a contribution of $90.00 per week or 9% of ordinary time earnings (whichever is the greater) will be made to the superannuation fund nominated in the relevant industrial instruments being C+BUS; NESS; STA, TWU or other schemes approved by the Parties. The above contribution will increase so that the minimum payment made for superannuation shall be $95.00 from 1 July 2003 and $100.00 from 1 July 2004.

The Employers will make a contribution of $61 per week into ACIRT or MERT or other schemes approved by the Parties.

6.2 Top Up/24 Hour Income Protection Insurance

Each Employer will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with the Coverforce Insurance Administrators Pty Ltd (ACN 067 079 261) under the U-Plus Industry Insurance Scheme or other similar schemes, which are approved by the Parties to this Project Award.

6.3 Transport Award Drivers

This Project Award shall not apply to persons who are required as part of their normal duties to visit the site for the purpose of a pick up or a delivery or to carry out routine maintenance or repairs to on-site plant of a minor nature or for short duration.

This Project Award does not apply to off site or purely incidental activities such as delivery of site materials or couriers, except for transport Award drivers who are required to have a regular involvement with this site in excess of two (2) hours per day. These applicable drivers will be entitled only to the provisions of Clause 4 of this Project Award.

6.4 Lorry Owner Drivers

Lorry Owner Drivers who are carting demolition materials from this Project shall be paid in accordance with the Transport Industry - Excavated Materials Contract Determination published 24 October 1997, as varied.

7. Environment, Health, Safety and Rehabilitation

7.1 Induction

All Employees entering the site must have undergone;

(a) General Industry Induction Training;

(b) Work Activity Induction Training;

Evidence of the completion of the General Industry Induction Training and the Work Activity Induction Training must be presented to Leighton Contractors Pty Limited prior to any Employee commencing work on site.

Each Employee will receive a site induction card after completing the Site Specific Induction Training and access to the Project site will only be granted to an Employee who exhibits the issued site induction card. However, in the case of a lost card, an Employee's identity will be confirmed prior to any issue of a temporary site induction card and ultimately a replacement card.

Each Employee's site induction card must be carried by the Employee whilst engaged on the Project and is not transferable under any circumstances to any other person.

These procedures are intended to substantially improve the security on the Project and have a positive impact on the level of safety provided to Employees on the Project.

The Parties recognise the induction training provided by T.E.T.A for casual and permanent transport Award Employees who fall within the scope of this Project Award.

7.2 Environment, Health and Safety Plans

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

(i) Risk assessment of their works;

(ii) Hazard identification, prevention and control;

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

(iv) Industry and trade specific induction of Employees;

(v) Monitoring performance and improvement of work methods;

(vi) Reporting of all incidents/accidents;

(viii) Compliance and verification on all safety requirements to be monitored regularly during the construction period to ensure compliance.

7.3 The Safety Committee

The Safety Committee will be properly constituted and will abide by the agreed procedures as defined in its constitution and as revised from time to time. All members of the Safety Committee will undertake an accredited WorkCover safety committee member training course if they have not already done so with an agreed provider, for example Comet Training.

7.4 Safety Procedures

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

(b) If the Project Manager or the Safety Committee is of the opinion that an Employee or Employer has committed a serious breach of either the Environment Health and Safety Policy or the relevant safety management plan (or any other agreed safe working procedures), the Project Manager (or the Project Manager on recommendation from the Safety Committee) will implement disciplinary action against the Employer or Employee which may include taking all steps required to remove the Employer or Employee from the Project.

(c) The Parties agree that 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 i n any unsafe area or situation.

7.5 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 WorkCover will be contacted to assess when the Employee concerned can undertake the appropriate training and obtain a Formwork Certificate of Competency from an agreed provider, for example Comet training.

7.6 Temporary Power/Testing and Tagging

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

8. Dispute Settlement Procedures

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

8.1 Employer Specific Disputes

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

(a) Discussion between those directly affected;

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

(d) Discussion between senior management of the Employer, Leighton and the appropriate Union official.

(e) Discussion between the Secretary of the relevant Union (or nominee) and Leighton’s NSW Industrial Relations Manager (or nominee).

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

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

8.2 Project Wide Disputes

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

(a) Discussion between those directly affected.

(b) Discussion between site management representatives of Leighton and the Union delegate.

(d) Discussion between senior management of Leighton and the appropriate Union official.

(e) Discussion between the Secretary of the relevant Union (or nominee) and Leighton’s NSW Industrial Relations Manager (or nominee).

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

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

8.3 Demarcation Disputes

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

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

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

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

8.4 Procedures to Prevent Disputes Regarding Non-compliance

(a) Leighton, in association with the accredited site Union delegate will check monthly payments of subcontractors’ companies engaged on site with respect to superannuation, redundancy and extra insurance to ensure payments for Employees have been made as required. Leighton and the site delegate shall also check that Employers have not introduced arrangements such as and not limited to ‘all-in’ payments and or ‘cash-in-hand’ payments, (i.e. payments designed to avoid tax and other statutory obligations and sham subcontract arrangements.) Where such practices are identified Leighton will take immediate steps to ensure that any such arrangements are rectified and that any Employee affected by any such arrangement receives all statutory entitlements.

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

(c) 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.

(d) The Union delegate or Union official shall advise Leighton if they believe the information which has been provided by the subcontractor is not correct.

(e) Any dispute concerning non-compliance shall be resolved in accordance with this clause.

9. Safety Dispute Settling Procedures

No Employee will be required to work in or on an unsafe area or process on the Project. Where a safety problem has been identified by the safety committee, which prevents work from occurring in any area, work shall cease in the immediate affected area only. Priority will be given to rectifying unsafe access areas. If any access areas are unsafe, Employees will use alternative safe access.

Should a safety dispute arise over whether one or more work areas are safe or not, the following procedures shall apply:

(a) Employees shall not leave the Project unless directed to do so by their Employer in the event of an emergency;

(b) Immediate inspection of the affected work areas will be carried out by both Leighton and Employee representatives of the safety committee;

(d) The inspection shall identify the safety rectification work required in each area;

(e) As safety rectification work is agreed for each area, all relevant Employees shall immediately commence such rectification works;

(f) Upon verification that such rectification has been completed, normal work will resume progressively in each area;

(g) Should any dispute arise as to the rectification work required to any area, then Leighton will immediately call the designated WorkCover Authority inspector to recommend the rectification work.

Nothing in this Clause shall negate or contradict any rights and or obligations under the Occupational Health and Safety Act 2000.

10. Monitoring Committee

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

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

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

(a) Developing more flexible ways of working;

(b) Enhancing occupational, health and safety;

(d) Compliance with the Project Award and other statutory requirements by Employers;

(e) Resolution of issues in the application of this Project Award;

(f) The Monitoring Committee members shall be nominated by and represent Leighton and the subcontractors, the Labor Council of NSW and the Unions. The committee will have 5 members, 2 appointed by Leighton and representing Leighton and its sub-contractors, and 2 appointed by and representing the Unions and their members, and 1 appointed by and representing the Labor Council of NSW.

The representative of the Labor Council of NSW shall be delegated Chairperson, and be responsible for calling meetings, issuing agendas and taking minutes.

11. Productivity Initiatives

11.1 Learning Initiatives

Each Employer shall comply with their workplace reform initiatives outlined in their Enterprise Agreement.

11.2 Inclement Weather

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

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

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

(ii) Employees shall accept transfer to an area or site not affected by inclement weather if, in the opinion of the 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.

11.3 Rostered Days Off

(a) Subject to Clause 23 a procedure for the implementation of Rostered Days Off (RDO’s) will be agreed on the Project. The purpose which is to:

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

(ii) Increase the productivity of the Project.

(b) A roster of RDO’s will be prepared, following consultation with the workforce and Parties to this Award.

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

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

11.4 Maximising Working Time

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

11.5 Hours of Work

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

12. Immigration Compliance

12.1 The Parties are committed to compliance with Australian immigration laws so as to ensure maximum work opportunities for unemployed permanent residents and Australian citizens. Employers will be advised by Leighton of the importance of immigration compliance. Where there is concern that illegal immigrants are being engaged by an Employer on the Project, Leighton will act decisively to ensure compliance.

12.2 Employers are required prior to Employees commencing work on-site to check the legal right of Employees to work. If required the authorisation form attached to this Project Award as per Annexure "B" will assist in providing evidence of the Employee’s legal status.

13. 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.

14. Union Representation

14.1 Union officials shall comply with all legislative requirements, produce their right of entry permits, and observe the relevant Award and OH&S obligations for entry to site.

14.2 Subject to all legislative requirements, Union officials or their legal officers shall be entitled to inspect all wage records and related documentation necessary to establish proper application of the Project Award and observance of statutory obligations

14.3 Such inspections shall not take place unless there is a suspected breach of the Project Award, the Awards, or the Workplace Relations Act 1996 and/or other statutory obligations for which a suspected breach has been specified in writing to Leighton in advance of the inspection.

14.4 Union Delegates and Their Rights

(a) Rights of the Delegate

(i) The parties acknowledge it is the sole right of the Union and its members to elect the delegate for each Project, who shall be recognised as the authorised representative of the Union at the Project.

(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 (subject to the consent of the relevant Employee).

(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 on the Project, and without limiting the generality of that entitlement is entitled to be involved in representing members:

At all stages in the negotiation and implementation of enterprise agreements or Awards or other industrial instruments;

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

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

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

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

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

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

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

Paid time off to attend meetings of delegates in the industry, as authorised 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 practical, and if agreed to, a delegate office;

Where a delegate office is not practicable, access to a meeting room;

Use of the site office 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), 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 on the Project.

15. Australian Content

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

16. Protective Clothing

Employers will provide their Employees with the following items of Australian made clothing and footwear.

(a) Safety Footwear

Appropriate safety footwear will be issued upon commencement of work on the Project and will be replaced on a fair wear and tear basis thereafter provided they are produced to Management for inspection.

(b) Overalls, Combination or Bib & Brace & Shirts or Trousers & Shirts

2 sets of protective clothing will be provided after accumulated employment by an Employee of 152 hours and will be replaced twice per calendar year or as a result of fair wear and tear provided they are produced to Management for inspection.

Each Employee, after accumulated employment on the Project of 152 hours shall be eligible to be issued with one (1) Australian made warm bluey jacket or lined woollen jacket or equivalent, which will be replaced once per calendar year or by fair wear and tear.

The type of jacket issued to an Employee will be determined by the nature of work performed to ensure that the jacket is not unsafe for the work performed by each Employee.

(d) Equivalent Clothing

Where documented evidence can be shown that the equivalent protective clothing referred to in (a), (b) and (c) above has been issued to any Employee within the last (3) month period, then the above will not apply.

(e) Employers will consult with the Labor Council of NSW if necessary to be provided with a list of Australia Manufactures who do not use illegal or exploited labour in the manufacturing of their work clothes.

17. Workers Compensation and Insurance Cover

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

17.2 Leighton will audit Workers Compensation Certificates of Currency from each Employer engaged on site to ensure that the wages estimate and tariff declared for the type of work undertaken is correct. This information will be available to authorised Union officials on request.

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

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

(b) All Employees will comply with the requirements for making a workers compensation claim, including the provision of a Workcover medical certificate, at the earliest possible time after the injury. This information will also be supplied to the Project first aid officer, and their supervisor.

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

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

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

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

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

(d) An Employer who receives a request from their insurer for further specified information must within seven (7) days after receipt of the request, furnish the insurer with the information as is in the possession of the Employer or reasonably obtained by the Employer;

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

17.5 Where there has been a serious incident and/or accident which has resulted in a serious injury or loss of life the Employer shall notify the relevant union immediately

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

18. 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 workforce is to be maintained.

19. 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.

20. Project Death Cover

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

21. Anti-Discrimination

21.1 It is the intention of the Parties bound by this Project 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.

21.2 This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.

21.3 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Project Award, the Parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Project 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 Project Award, which, by its terms or operation, has a direct or indirect discriminatory effect.

21.4 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.

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

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

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

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

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

21.6 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.”

22. Personal/Carers Leave

22.1 Use of Sick Leave

(a) An Employee, other than a casual Employee, with responsibilities in relation to a class of person set out in clause 22.1 (c)(ii) who needs the Employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

(b) The Employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an Employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

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

(ii) The person concerned being:

(iii) A spouse of the Employee; or

(iv) 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

(v) 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

(vi) A same sex partner who lives with the Employee as the de factor partner of that Employee on a bona fide domestic basis; or

(vii) A relative of the Employee who is a member of the same household, where for the purposes of this paragraph:

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

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

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

(d) An Employee shall, wherever practicable, give the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the Employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the Employee to give prior notice of absence, the Employee shall notify the Employer by telephone of such absence at the first opp ortunity on the day of absence.

22.2 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 22.1 (c)(ii) above who is ill.

22.3 Annual Leave

(a) An Employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the Parties.

(b) Access to annual leave, as prescribed in paragraph 22.3(a) above, shall be exclusive of any shutdown period provided for elsewhere under the Award.

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

22.4 Time-off in Lieu of Payment for Overtime

(a) An Employee may elect, with the consent of the Employer, to take time-off in lieu of payment for overtime at a time or times agreed with the Employer within twelve (12) months of the said election.

(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

(c) If, having elected to take time as leave in according with paragraph 22.4(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

(d) Where no election is made in accordance with paragraph 22.4(a), the Employee shall be paid overtime rate s in accordance with the Award.

22.5 Make-up Time

(a) An Employee may elect, with the consent of the Employer, to work "make up time", under which the Employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award at the ordinary rate of pay.

(b) An Employee on shift work may elect, with the consent of the Employer, to work "make up time" (under which the Employee takes time off ordinary hours and works those hours at a later time at a later time), at the shift work rate, which would have been app licable to the hours taken off.

22.6 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 Project 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.

23. Project Close-Down Calendar

For the purposes of this Project Award the Parties agree that the following Project Close-down Calendar will be adopted for the Project. The Project Close-down Calendar has been produced with a view to maximising quality leisure time off for all Employees. Accordingly, the Parties agree that on certain weekends (as set out in the Project Close-down 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. In such circumstances reasonable notice (where possible), shall be given to the Unions and agreement sought from the Union Secretary (or nominee) or in the case that they are unavailable the Leighton Union delegate or the site consultative committee.

Project Close-down Calendar 2003

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.

Project Close-down 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

Saturday	April 24
Sunday	April 25
Monday	April 26	Anzac gazetted holiday
Tuesday	April 27	RDO

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	Labor 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)

24. Single Bargaining Unit

This Project Award was negotiated by the Labor Council of New South Wales on behalf of the Unions and by Leighton in its own right and on behalf of the Employers.

25. No Precedent

The Parties agree not to use this Project Award as a precedent and that this Project Award will in no way create a claim for flow-on of any rates and conditions contained within.

26. No Extra Claims

The Parties agree that they will not pursue extra claims in respect of matters covered by this Project Award or otherwise during the term of this Project Award.

27. 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 22, 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 22.2 - 22.6 in the said clause 22. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

ANNEXURE A

PARTIES AND CLASSIFICATIONS

PART 1

Employer:

Leighton Contractors Pty Limited

PART 2

Unions:

The Labor Council of New South Wales

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

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

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch

Electrical Trades Union of Australia, New South Wales Branch

Transport Workers' Union of Australia, New South Wales Branch

PART 3

Classifications:

Those classifications covered by the Following Awards:

Federal Awards

National Building and Construction Industry Award 2000.

National Metal and Engineering On-Site Construction Industry Award 2002.

Plumbing Industry (New South Wales) Award 1999.

Sprinkler Pipe Fitters Award 1998.

State Awards

Building and Construction Industry (State) Award published 28 March 2002 (332 IG 501).

Electrical, Electronic and Communications Contracting Industry (State) Award published 10 May 2002 (333 IG 507).

Plant &c., Operators on Construction (State) Award published 28 March 2002 (332 IG 503).

Plumber and Gasfitters (State) Award published 27 September 2002 (336 IG 539).

Transport Industry - State Award, and applicable NSW Determinations published 30 August 2002 (335 IG 1397).

Metal, Engineering and Associated Industries (State) Award published 6 September 2002 (336 IG 147).

ANNEXURE B

Authority To Obtain From DIMA Details of Immigration Status

I,
(Family Name)	(Given Name(s))

Date of Birth:	/	/		Nationality:

Visa Number:	Passport Number:

authorise the Department of Immigration and Multicultural Affairs (DIMA) to release by fax to
			(Name of Employer representative)

details of my immigration status and entitlement to work legally in Australia.

This information will only be made available to a representative of a principal contractor and authorised trade
union officer on request.

I also understand the above-named will only use this information for the purpose of establishing and verifying
only my legal entitlement to work in Australia and for no other purpose.

Signed:	Dated:

Name of Employer:

Phone:	Fax:

M. J. WALTON J, Vice-President.

____________________

Printed by the authority of the Industrial Registrar.

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