LABOR COUNCIL OF NEW SOUTH WALES LA CORNICHE PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Labor
Council of New South Wales, a State Peak Council of for Employees.
(No. IRC 3368 of 2003)
Before The Honourable
Justice Walton, Vice-President
|
4 July 2003
|
AWARD
1.
Arrangement
Clause No. Subject Matter
1. Arrangement
2. Objectives
3. Definitions
4. Application
5. Duration
6. Industry
Standards
6.1 Superannuation and Redundancy
6.2 Top
Up/24 Hour Income Protection Insurance
6.3 (a) Productivity
Allowance
6.3 (b) Transport Drivers
6.3 (c) Performance Payment
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.2 Environment, Health and
Safety Plans
7.3 The Safety Committee
7.4 Safety Procedures
7.5 OH&S Industry Induction
7.6 Formwork Safety
7.7 Temporary Power/Testing and
Tagging
7.8 Crane Safety
8. Dispute
Resolution
8.1 Employer Specific Disputes
8.2 Project Wide Disputes
8.3 Demarcation Disputes
8.4 Procedures to prevent
Disputes Regarding Non- Compliance
9. Monitoring
Committee
10. Productivity
Initiatives
10.1 Learning Initiatives
10.2 Inclement Weather
10.3 Rostered Days Off
10.4 Maximising Working Time
10.5 Hours of Work
11. Immigration
Compliance
12. Long
Service Compliance
13. No Extra
Claims
14. No
Precedent
15. Single
Bargaining Unit
16. Union
Rights
16.1 Visiting Union Officials
16.2 Workplace Delegates
16.3 Union Membership
17. Australian
Content
18. Protective
Clothing
19. Workers
Compensation and Insurance Cover
20. Apprentices
21. Training
and Workplace Reform
22. Project
Death Cover
23. Anti-Discrimination
23A. Bereavement
Leave
24. Personal/Carer's
Leave
24.1 Use of Sick Leave
24.2 Unpaid Leave for Family
Purpose
24.3 Annual Leave
24.4 Time Off in Lieu of Payment
for Overtime
24.5 Make-up Time
24.6 Rostered Days Off
25. Project
Close-Down Calendar
26. Leave
Reserved
Annexure A - Parties
Annexure B -
Authority to Obtain from DIMA Details of Immigration Status
2. Objectives
2.1 The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued
development of communication processes, which facilitate participation by all
Employers, Employees and Unions;
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees;
(g) Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k)
Elimination of unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Improved wages and
conditions for all Employees working on the project;
(n) Increased
leisure time for Employees by eliminating excessive hours of work.
(o) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships.
(p) Encourage all Employers to have
Enterprise Agreements with the relevant Union or Unions.
(q) Compliance with the NSW Government
Construction Industry Code of Practice.
3. Definitions
"Award" means this name of Award made between the
Parties.
"Hutchinson" means J. Hutchinson. Pty Ltd of 1
Staple Street, Seventeen Mile Rocks, Qld 4073.
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means J. Hutchinson. Pty Ltd and/or any
subcontractor engaged by J. Hutchinson. Pty Ltd to work on the Project,
including subcontractors' respective subcontractors plus other subcontractors
engaged by J. Hutchinson. Pty Ltd and/or subcontractors for this Project
post-Award signing.
"Enterprise Agreement" means an agreement
registered or certified under the Workplace
Relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996.
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Monitoring Committee" means the committee
established under clause 9 of this Award.
"Parties" means the Employers and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Project Milestones" means the milestones listed
in subparagraph of paragraph (c) of subclause 6.3 of clause 6, Industry
Standards, as amended by the Monitoring Committee from time to time.
"Project" means the construction works contracted
to J. Hutchinson. Pty Ltd at 3119-120 Nth Steyne Street, Manly NSW.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by J. Hutchinson. Pty Ltd from time to
time.
"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.
4. Application
4.1 This Award
will apply to work done on the Project by the Employees for the period the
Employer engages the Employees to work on the Project.
4.2 The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for work on this Project.
4.3 This
Award is generally intended to supplement and co-exist within the terms of
existing Enterprise Agreements and Awards and its primary purpose is to provide
a framework for the Employers, the Labor Council of New South Wales and the
Unions, to manage those issues on the Project which affect more than one
Employer.
5.
Duration
5.1 This Award
shall operate on and from 1 June 2003 until Practical Completion.
6.
Industry Standards
6.1 Superannuation and Redundancy
(a) 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.
(b) The Employers
will make a contribution of $61.00 per week into ACIRT or MERT or other schemes approved by the Parties.
6.2 Top Up/24 Hour Income Protection
Insurance
(a) Each Employer
will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with
the CTAS scheme or other similar schemes, which are approved by the Parties to this Award.
6.3 Productivity Allowance
(a) Subject to
paragraphs (b) and (c) of this subclause, the Employer will pay a Project
performance allowance for persons engaged on the Project of $1.00 for each hour
worked on the Project.
(b) Transport
Drivers
(i) Employees -
Rates of Pay
It is further agreed that any Transport Worker carrying
out work relating to the Project will be paid, in addition to his/her Award or
Enterprise Agreement rate of remuneration, any applicable Project productivity
allowance, provided that the driver has had a regular involvement of two (2)
hours or more on any day with the project.
(ii) Contract
Carrier
The Parties agree that all Contract Carriers involved
in the Transport Industry shall be paid the rates of pay applicable under the
Transport Industry Excavated Materials Contract Determination for the cartage
of materials to, on and from the site.
(iii) GST
Rates paid to contractor’s carriers, including any
applicable project productivity allowance, shall be exclusive of GST. A separate amount equal to 10% of the value
of the remuneration payable shall be paid to the carrier for contracts of
carriage [the GST amount]. The total
fee payable to the contract carrier shall be the sum of the remuneration payable and the GST Amount.
(c) Project Performance Payment
(i) A
performance payment linked to works completed against the construction program
shall apply to the Project.
(ii) The
performance payment shall relate to achievements for works completed to Targets
and Project Milestones.
(iii) The
Completion to Targets and Project Milestones Payment shall be calculated and
paid as follows:
(1) The
Parties to this Award shall establish monthly Targets and review dates with
reference to the Project Milestones;
(2) The
monthly reviews will certify the achievement of Targets for the purpose of
entitlement to the payment for works completed;
(3) The
payment shall be $1.00 per hour paid for each hour of time worked on and from
the date of commencement each Employee commenced work on the Project;
(4) Payment
shall be made as part of their weekly wages;
(5) Payment
is not subject to CPI.
(iv) In
the event that a monthly Target is not achieved, the Monitoring Committee shall
meet to determine:
(1) The
reason why the Target was not achieved;
(2) The
action required to catch up to the Target;
(3) If
payment shall continue for the coming month;
(4) 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.
(v) The
Project Milestone Dates are:
Redevelopment
of The La Corniche
|
Assessment
of Progress
|
|
Project Milestones
|
Date (Monthly)
|
Milestone 1
|
Complete basement floor 2
|
30 August 2003
|
Milestone 2
|
Ground floor pour
|
11 October 2003
|
Milestone 3
|
Commence ground floor fit-out
|
1 December 2003
|
Milestone 4
|
Loft floor pour
|
6 March 2004
|
Milestone 5
|
Roof install commence
|
3 April 2004
|
Milestone 6
|
Loft fit-out complete
|
17 July 2004
|
Milestone 7
|
Handover
|
20 July 2004
|
(vi) 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;
(vii) 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;
(viii) The
Parties agree that the Hutchinson. Project Manager, in conjunction with the
Monitoring Committee shall determine if the identified Milestones for the
Project have been achieved;
(ix) 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.
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
|
7. Environment, Health, Safety and
Rehabilitation (EHS&R)
7.1 Induction
(a) All Employees
must attend an agreed EHS&R site induction course on commencement of
engagement on site.
(b) The Parties
recognise the EHS&R induction training provided by T.E.T.A. for casual and
permanent transport workers who fall within the scope of the award.
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;
(vii) compliance
verification; and
(viii) regular
EHS&R meetings, inspections and audits of the
Project.
7.3 The Safety Committee
(a) The Safety
Committee will be properly constituted with an agreed constitution. All members of the Safety Committee will undertake
agreed Occupational Health and Safety training with Comet Training or other
agreed providers.
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 pursuant to the Code of Practice, in the event that an unsafe
condition exists, work is to continue in all areas not affected by that
condition and those Employers may direct Employees to move to a safe place of
work. No Employee will be required to work in any unsafe area or situation.
7.5 OH&S
Industry Induction
No person will be engaged on site unless he/she has
completed the WorkCover NSW Accredited OH&S
Industry Induction Course.
7.6 Formwork
Safety
All persons engaged on the erection or dismantling
of formwork will have the relevant WorkCover Formwork Certificate of
Competency. Where an Employee does not
have a Certificate of Competency, Comet will be contacted to assess the
qualifications of the relevant Employee.
7.7 Temporary
Power/Testing and Tagging
In order to maintain the highest standards
of safety in regard to the use of electricity during construction, it is agreed
that the temporary installation is installed strictly in accordance with AS
3012 (1995). All work is to be carried out
by qualified electrical tradespersons.
Testing and tagging is to be carried out only by qualified electrical
tradespersons.
7.8 Crane
Safety
No mobile crane will be allowed on the
Project site unless it has been certified by Cranesafe Australia (New South
Wales). Such cranes will be required to
display their current Cranesafe inspection label.
8.
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.
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;
(c) Discussion
between site management representatives of the Employer and the Union
organiser;
(d) Discussion
between senior management of the Employer, J. Hutchinson. Pty Ltd and the
appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and J. Hutchinson. Pty
Ltd NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), Parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to its powers set out in the Industrial
Relations Act 1996;
(g) Work shall
continue without interruption or dislocation during discussion and negotiations concerning the dispute.
8.2 Project
Wide Disputes
In the event of a dispute or conflict effecting more
than one Employer occurring, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of J. Hutchinson. Pty Ltd and the Union
delegate;
(c) Discussion between
site management representatives of J. Hutchinson. Pty Ltd and the Union
organiser;
(d) Discussion
between senior management of J. Hutchinson. Pty Ltd and the appropriate Union
official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and J. Hutchinson. Pty
Ltd NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), Parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to its powers set out in the Industrial
Relations Act 1996;
(g) Work shall
continue without interruption or dislocation during discussion and negotiations 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.
8.4 Procedures to Prevent Disputes Regarding
Non- Compliance
(a) J. Hutchinson. 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. The J. Hutchinson. 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. payments
designed to avoid tax and other statutory obligations) and sham subcontract
arrangements.
(b) Each subcontractor engaged on site will
be specifically advised and monitored in respect of payroll tax and required to
comply with their lawful obligations.
(c) When an Employer receives a statement pursuant
to section 127(3) of the Industrial
Relations Act 1996 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 J. Hutchinson. Pty Ltd 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. Monitoring Committee
9.1 The Parties
may establish a committee to monitor the implementation of this Award.
9.2 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.
9.3 The Monitoring
Committee will consider ways in which the aims and objectives of this Award can
be enhanced, which may include, but not be limited to discussion of:
(a) developing
more flexible ways of working;
(b) enhancing
occupational, health and safety;
(c) productivity
plans, and
(d) compliance
with Award and other statutory requirements by Employers.
9.4 If the
principles of this Award are not being followed, the Committee will develop a
plan in consultation with the Parties, to implement the intent of the Award.
10. Productivity Initiatives
10.1 Learning Initiatives
Each Employer shall be required to demonstrate to J.
Hutchinson. Pty Ltd implementation of commitment to skill enhancement and
workplace reform while working on the Project.
10.2 Inclement Weather
(a) The Parties to
this Award will collectively proceed towards the minimisation of lost time due
to inclement weather.
(b) Further, the
Parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the 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) Where a dispute arises between the Parties
with respect to incidental weather the matter shall be referred to the site
safety committee for resolution.
10.3 Rostered Days Off
(a) Subject to
clause 25 a procedure for the implementation of Rostered Days Off (RDOs) will
be agreed on the Project. The purpose
is to:
(i) increase the
quality of working life for Employees; and
(ii) increase the
productivity of the Project.
(b) A roster of
RDOs will be prepared following consultation with the workforce and Parties to
this Award.
(c) Records of each
Employee’s RDO accruals will be recorded on the Employee’s 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 RDOs may apply to members
of the CEPU.
(d) Where
practicable, Saturday work prior to the published industry
RDOs will not be worked.
10.4 Maximising Working Time
(a) The Parties
agree that crib and lunch breaks may be staggered for Employees so that work does
not cease during crib and lunch. There
will be no unreasonable interruption of the comfort of Employees having lunch
with the amenities to be maintained in a clean and hygienic state at all times.
10.5 Hours of Work
(a) Ordinary hours
of work shall be 8 hours per shift between 6.00am and 6.00pm, Monday to
Friday. However, ordinary hours may
commence from 5.00am by agreement between the Employer, Employee and relevant
Union.
11. Immigration Compliance
11.1 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
J. Hutchinson. Pty Ltd of the importance of immigration compliance. Where there is concern that illegal
immigrants are being engaged, by an Employer on the Project, J. Hutchinson. Pty
Ltd will act decisively to ensure compliance.
11.2 Employers are
required, prior to Employees commencing work on-site, to check the legal right
of Employees to work. The authorization
form attached to this Award as per Appendix B will assist in providing evidence of the Employee’s legal status.
12. Long Service Compliance
12.1 If applicable,
and in accordance with the NSW Building
and Construction Industry Long Service Payments Act 1986, 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 1986 and will strictly comply with their
obligations.
13. No Extra Claims
13.1 The Parties
agree that they will not pursue extra claims in respect of matters covered by this
Award (including but not limited to any claim for a disability allowance)
during the term of this Award.
14. No Precedent
14.1 The Parties
agree not to use this Award as a precedent and that this Award will in no way
create a claim for flow-on of on-site wage rates and conditions.
15. Single Bargaining Unit
15.1 This Award was
negotiated by the Labor Council of New South Wales on behalf of the Unions and
by Employer Name in its own right and on behalf of the Employers.
16. 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.
16.1 Visiting Union Officials
(a) Where
practicable, Union officials (party to this Award) when arriving onsite, shall
call at the site office and introduce themselves to a Management representative
of the Employer prior to pursuing their Union duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant Building Awards, the Occupational
Health and Safety Act 2000 and
Regulations, and other statutory/legislative obligations for entry to the site.
(c) Union
officials with the appropriate credentials shall be entitled to inspect all
such wage records, other payment records and related documentation necessary to
ensure that the Employers are observing the terms and conditions of this Award.
(d) All such wages
books and other payment records shall be made available within 48 hours on site
or at another convenient, appropriate place, provided notice is given to the
Employers and the Project Manager by the Union.
(e) Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Building Awards, Enterprise Agreements, the Industrial Relations Act 1996, or other
Employer Statutory requirements.
16.2 Workplace
Delegates
Definition
In this clause the expression "delegate"
means an Employee who is the accredited representative of the Union at an
Employer’s work place, and if there is more than one delegate in respect of the
workforce of that Employer then the expression "delegate" means each
and every such delegate so accredited by the Union in relation to that
Employer’s workforce.
(a) Rights of the
Delegate
(i) The Parties
acknowledge it is the sole right of the Union and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the Union at the site.
(ii) The delegate
shall have the right to approach or be approached by any Employee of the
Employer to discuss industrial matters with that Employee during normal working
hours.
(iii) The delegate
shall have the right to communicate with members of the Union in relation to
industrial matters without impediment by the Employer. Without limiting the usual meaning of the
expression "impediment", this provision applies to the following
conduct by an Employer:
moving a delegate to a workplace or work situation
which prevents or significantly impedes communication with members;
changing a delegate’s shifts or rosters so that
communication with workers is prevented or significantly impeded;
disrupting duly organised meetings.
(iv) The delegate
shall be entitled to represent members in relation to industrial matters at the
workplace, and without limiting the generality of that entitlement is entitled
to be involved in representing members:
at all stages in the negotiation and implementation of
enterprise agreements or awards or other industrial instruments;
the introduction of new technology and other forms of
workplace change;
career path, reclassification, training issues; and to
initiate discussions and negotiations on any other matters affecting the
employment of members;
ensuring that workers on site are paid their correct
wages, allowances and other lawful entitlements;
to check with relevant industry schemes so as to ensure
that superannuation, long service leave and redundancy has been paid on time.
(v) In order to assist
the delegate to effectively discharge his or her duties and responsibilities,
the delegate shall be afforded the following rights:
the right to reasonable communication with other
delegates, Union officials and management in relation to industrial matters,
where such communication cannot be dealt with or concluded during normal breaks
in work;
at least 10 days paid time off work to attend relevant
Union training courses/forums;
paid time off to attend meetings of delegates in the
industry, as authorized by the relevant Union.
(vi) The Employer of
a delegate shall provide to the delegate the following:
a lockable cabinet for the keeping of records;
a lockable notice board for the placement of Union
notices at the discretion of the delegate;
where practicable, i.e. on large sites, a Union office;
where a Union office room is not practicable, access to
a meeting room;
use of the telephone for legitimate Union business;
from existing resources, and when required access to:-
a word-processor, typewriter, or secretarial support at
the workplace;
a personal computer (PC), CD ROM, 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.
16.3 Union
Membership
Properly accredited officials and workplace
representatives of the Union shall have the right to be provided with
appropriate access to Employees to promote the benefits of Union membership.
To assist in this process the Employer shall:
(a) If requested
by the Union, provide payroll deduction services for Union fees. Such fees shall be remitted to the Union on
a monthly basis with enough information supplied to enable the Union to carry
out a reconciliation;
(b) Supply all
Employees with a Union application form at the same time as Employees are
provided with their taxation declaration form;
(c) Provide the
Union with access to talk to new Employees at induction training;
(d) Ensure that
all supervisors are trained in the provisions of the Project Award and the
Employer’s policy on Union membership.
17. Australian Content
17.1 The Project
Manager shall endeavour to maximise Australian content in materials and
construction equipment on the Project where practical and feasible.
18. Protective Clothing
18.1 Employers will
provide their Employees engaged on site with legally produced Australian made
protective clothing and footwear on the following basis:
(a)
Safety Footwear
Appropriate safety footwear shall
be supplied on commencement if not already provided, to all persons engaged on site
and will be replaced on a fair wear and tear provided they are produced to the
Employer as evidence.
(b)
Clothing
Two sets of protective clothing
(combination of bib and brace or shorts, trousers and shirts) will be supplied
to all persons after accumulated engagement on site of 152 hours or more and
will be replaced once per calendar year as a result of fair wear and tear and
are produced to the Employer as evidence.
(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 per calendar year on a fair wear and tear basis.
18.2 In
circumstances where any Employee(s) of Employers are transferred to the Project
from another project where an issue of equivalent clothing was made, then such
Employee shall not be entitled to an issue to this Project until the expiry of
the calendar year or on a fair wear and tear basis.
18.3 Employees who
receive from their Employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the Employer’s policy or relevant industrial
instrument shall not be entitled to the provisions of this clause.
18.4 Employers will
consult with the Labor Council of New South Wales to be provided with a list of
Australian Manufacturers who do not use illegal or exploited labour in the
manufacturing of their work clothes.
18.5 Notwithstanding
anything else contained in this clause all transport employees/contractors will
be supplied with safety footwear, 1 set of clothing and 1 jacket prior to the
commencement of work at the site.
However, the Company does not need to supply the above if the said
employee/contractor has been issued with the clothing by the Principal Contractor
within the previous twelve (12) months and the Principal Contractor can substantiate that fact.
19.
Workers Compensation and Insurance Cover
19.1 Employers must
ensure that all persons that they engage to work on the project are covered by
workers compensation insurance.
19.2 J. Hutchinson.
Pty Ltd will audit Workers Compensation Certificates of Currency from each
Employer engaged on site to ensure that the wages estimate and tariff declared
for the type of work undertaken is correct.
This information will be available to authorised Union officials on
request.
19.3 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 aid officer 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.
19.4 Employers must
ensure that they are aware of and will abide by sections 63 to 69 of the Workplace 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.
19.5 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.
19.6 The
Employer will also complete the relevant accident notification form and send it
to WorkCover.
20.
Apprentices
20.1 As part of the
Project’s commitment to industry training, a ratio of one apprentice/trainee to
every five tradespersons within each Employer’s workforce is to be maintained.
21. Training and Workplace Reform
21.1 The Parties are
committed to achieving improvements in productivity and innovation through
cooperation and reform. Employers are expected
to demonstrate their commitment to develop a more highly skilled workforce by
providing their Employees with career opportunities through appropriate access
to training and removing any barriers to the use of skills acquired.
22. Project Death Cover
22.1 J. Hutchinson.
Pty Ltd will guarantee the beneficiary of any Employee who dies as a
consequence of an accident whilst working on the project 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.
23.
Anti-Discrimination
23.1 It is the
intention of the Parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace.
23.2 This includes
discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
23.3 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the Parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with fulfilment of
these obligations for the Parties to make application to vary any provision of
the Award, which by its terms or operation, has a direct or indirect
discriminatory effect.
23.4 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.
23.5 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 Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
23.6 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.”
23A.
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 24, 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
24.2 to 24.6 in the said clause. In
determining such a request the employer will give consideration to the
circumstances of the employee and the reasonable operational requirements of
the business.
24.
Personal/Carers Leave
24.1 Use
of Sick Leave
(a) An Employee,
other than a casual Employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) of this subclause who
needs the Employee’s care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement, for
absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single
day.
(b) The Employee shall,
if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an Employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the Employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a 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
(d) a same sex
partner who lives with the Employee as the de facto partner of that Employee on
a bona fide domestic basis; or
(e) a relative of the
Employee who is a member of the same household, where for the purposes of this
paragraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the Employee to give prior notice of absence, the
Employee shall notify the Employer by telephone of such absence at the first
opportunity on the day of absence.
24.2 Unpaid
Leave for Family Purpose
(a) An Employee may elect, with the consent
of the Employer, to take unpaid leave for the purpose of providing care and support
to a member of a class of person set out in subparagraph (ii) of paragraph (c)
of subclause 24.1 of this clause who is ill.
24.3 Annual
Leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof in any calendar year at a time or
times agreed by the Parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this Award.
(c) An Employee
and Employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave
days are taken.
24.4 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 (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the twelve (12) month period
or on termination.
(d) Where no
election is made in accordance with paragraph (a) of this subclause, the
Employee shall be paid overtime rates in accordance
with the Award.
24.5
Make-up Time
(a) An Employee
may elect, with the consent of the Employer, to work "make up time",
under which the Employee takes time off ordinary hours and works those hours at
a later time, during the spread of ordinary hours provided in the Award at the
ordinary rate of pay.
(b) An Employee on
shift work may elect, with the consent of the Employer, to work "make up
time" (under which the Employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been applicable to the hours taken off.
24.6 Rostered
Days Off
(a) An Employee
may elect, with the consent of the Employer, to take a rostered day off at any
time.
(b) An Employee may
elect, with the consent of the Employer, to take rostered days off in part day
amounts.
(c) An Employee
may elect, with the consent of the Employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the Employer and Employee, or subject to reasonable notice by
the Employee or the Employer.
(d) This subclause
is subject to the Employer informing each Union which is both party to the
Award and which has members employed at the particular enterprise, of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the Unions to participate in
negotiations.
25.
Project Close-Down Calendar
25.1 For the
purposes of this Award the Parties agree that the following calendar will be
adopted for the Project. The 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 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 RDOs
as set out below, subject to the agreement of the appropriate Union secretary
or his nominee. In such circumstances
reasonable notice (where possible) shall be given to the Union (or Union
delegate).
SITE CALENDAR 2003
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
|
Saturday
|
April 25
|
|
Sunday
|
April 26
|
|
Monday
|
April 27
|
Anzac gazetted holiday
|
Tuesday
|
April 28
|
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)
|
SITE CALENDAR 2005
(To be determined by the Parties)
26. Leave Reserved
To bring an application to amend the provisions of clause 4
as follows:
"Where J. Hutchinson. Pty Ltd engages
sub-contractor(s), it shall make it a condition of any contract that it enters into
with its sub-contractor(s) that they will not employ or otherwise engage
persons on wages and conditions, which are less favourable than those set out
in this Project Award."
ANNEXURE A
Parties
Part 1 - Employers
J. Hutchinson. Pty Ltd
Part 2 - Unions
Labor Council of New South Wales (The Labor Council)
Construction, Forestry, Mining and Energy Union (New
South Wales Branch)
The New South Wales Plumbers and Gasfitters Employees’
Union
Electrical Trades Union of Australia, New South Wales
Branch
Transport Workers’ Union of New South Wales (TWU)
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch (also known as AMWU)
ANNEXURE B
Authority to Obtain from DIMA Details of Immigration Status
I,
|
|
(Family Name)
|
(Given Name(s))
|
|
|
Date of Birth:
|
Nationality:
|
|
|
Visa Number:
|
Passport Number:
|
|
|
authorise the Department of Immigration and Multicultural
Affairs (DIMA) to release by fax to ______________
|
Name of Employer representative
|
details of my immigration status and entitlement to work
legally in Australia.
This information will only be made available to a
representative of a principal contractor and authorised trade Union officer on request.
I also understand the above-named will only use this
information for the purpose of establishing and verifying only my legal
entitlement to work in Australia and for no other purpose.
Signed:
|
Dated:
|
|
|
Name of Employer:
|
|
|
|
Phone:
|
Fax:
|
Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: (02) 9258 4730 Fax:
(02) 9258 4763
M. J. WALTON J,
Vice-President.
____________________
Printed by the
authority of the Industrial Registrar.