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BOVIS LEND LEASE AUSTRALIA SQUARE REFURBISHMENT PROJECT AWARD
  
Date11/07/2003
Volume341
Part12
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C2187
CategoryAward
Award Code 1704  
Date Posted11/06/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1704)

SERIAL C2187

 

BOVIS LEND LEASE AUSTRALIA SQUARE REFURBISHMENT PROJECT AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Bovis Lend Lease Pty Limited.

 

(No. IRC 4944 of 2003)

 

Before The Honourable Justice Walton, Vice-President

12 September 2003

 

AWARD

 

1.  Arrangement

 

1.         Arrangement

2.         Objectives

2.1        Work Organisation

2.2        People Development/Skills

2.3        Environment and Safety

2.4        Generally

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        Productivity Allowance

6.4        Payment of the Productivity Allowance

6.5        Changing the Programme and Scheduled Milestones

6.6        Contract Carriers

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        Implementation of this Clause

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      The Site Management Plan

10.4      Rostered Days Off

10.5      Maximising Working Time

10.6      Hours of Work

11.       Immigration Compliance

11.1      Immigration Compliance

11.2      Legal Right of Employees to Work

12.       Long Service Compliance

13.       No Precedent

14.       Single Bargaining Unit

15.       Union Rights

15.1      Visiting Union Officials

15.2      Project Delegate

15.3      Subcontractor Delegates

15.4      Union Membership

16.       Australian Content

17.       Protective Clothing

18.       Workers' Compensation and Insurance Cover

19.       Apprentices

20.       Training and Workplace Reform

21.       Project Death Cover

22.       Anti-Discrimination

23.       Personal/Carer's Leave

23.1      Use of Sick Leave

23.2      Unpaid Leave for Family Purpose

23.3      Annual Leave

23.4      Time Off in lieu of Payment for Overtime

23.5      Make-up Time

23.6      Rostered Days Off

24.       Project Close-down Calendar

25.       Leave Reserved

 

Annexure A - Parties

Annexure B - Scheduled Milestones

Programme Milestones

Annexure C - Authority to Obtain from DIMA Details of

                      Immigration Status

 

2.  Objectives

 

The parties agree to continue to develop and implement the following objectives in respect of the following four key areas on the Project:

 

2.1        Work Organisation

 

(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; and

 

(f)         Increase the scope of subcontract work packages to promote genuine skills enhancement and acquisition by employees, consistent with their classification, training and qualification.

 

2.2        People Development/Skills

 

Provision of a career structure for all employees based on skills and competencies and increased job satisfaction.

 

2.3        Environment and Safety

 

(a)        Provision of high standards of occupational health and safety on the Project; and

 

(b)        Improved impact of the Project on the environment.

 

2.4        Generally

 

(a)        Implementation of this award and compliance with all relevant statutory provisions;

 

(b)        Elimination of unproductive time;

 

(c)        Compliance by subcontractors with the provisions of applicable and/or enterprise agreements and legislative requirements;

 

(d)        Improved conditions for all employees working on the Project;

 

(e)        Increased leisure time for employees by eliminating excessive hours of work; and

 

(f)         Enhancing job opportunities for persons who have a legal right to work, including persons who wish to take on apprenticeships or traineeships.

 

3.  Definitions

 

"Award" means this Australia Square Refurbishment Project Award made between the parties.

 

"Bovis Lend Lease" means Bovis Lend Lease Pty Limited (A.C.N. 000 098 162) of Tower 13, Australia Square, Sydney NSW 2000.

 

"Code of Practice" means the New South Wales Government Code of Practice for the Construction Industry.

 

"Contract Carrier" means carrier engaged in or in connection with a Contract of Carriage for the purposes of section 309 of the Industrial Relations Act 1996 where the Contract of Carriage is for carriage of Excavation and Demolition Material.

 

"Contract of Carriage" shall be as defined in the Industrial Relations Act 1996.

 

"Employee" means a person engaged by an employer and who performs work on the Project.

 

"Employer" means Bovis Lend Lease and/or any subcontractor engaged to work on the Project.

 

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

 

"Excavation and Demolition Material" shall be as defined in the Transport Industry - Excavated Materials, Contract Determination published 24 October 1997 (301 I.G. 1082).

 

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

 

"Parties" means the employers and the unions referred to in Annexure A to this award.

 

"Practical Completion" means the completion of the Project, where the building is fit for occupancy and/or purpose, as determined by Bovis Lend Lease’s Client.

 

"Programme Milestones" means the milestones listed in Part 2 of Annexure B to this award as amended by the Project Manager from time to time.

 

"Project" means the construction works contracted to Bovis Lend Lease at Tower 7, Australia Square.

 

"Project Delegate" means the employee who is the accredited representative of the unions on the Project.

 

"Project Manager" means the Project Manager (Delivery) for the Project appointed by Bovis Lend Lease from time to time.

 

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

 

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

 

"Scheduled Milestones" means those targets described in Part 1 of Annexure B to this award as amended under subclause 6.5 of clause 6, Industry Standards, from time to time.

 

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

 

"Unions" means each of the unions listed in Part 2 of Annexure A to this award.

 

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        Where Bovis Lend Lease engages subcontractor/s, it shall make it a condition of any contract that it enters into with its subcontractor/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.

 

4.3        The parties also acknowledge and agree that the terms of this award form part of the tender conditions for work on this Project

 

4.4        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 and the unions to manage those issues on the Project which affect more than one employer.

 

5.  Duration

 

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 contribution 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 unless there is an alternative arrangement to the satisfaction of the individual employer’s employees and the parties to this award.

 

6.2        Top Up/24 Hour Income Protection Insurance

 

Each employer will provide Workers' Compensation Top Up/24 Hour Income Accident Insurance with the CTAS scheme or other similar schemes which are approved by the parties to this award.

 

6.3        Productivity Allowance

 

(a)        Provided the Scheduled Milestones and the Programme Milestones are met, the employer will pay a productivity allowance for each hour worked on the Project.

 

(b)        The maximum amount paid as productivity allowance under this award is $1.25 per hour worked.

 

(c)        The Project Manager will determine whether the Scheduled and Programme Milestones have been achieved and, if the Milestones have been met, the Project Manager will advise the employers and the Monitoring Committee accordingly.

 

6.4        Payment of the Productivity Allowance

 

(a)        The Productivity Allowance

 

The parties agree that the productivity allowance is paid only if the Scheduled Milestones and the Programme Milestones are met.

 

The Milestones are comprised of two elements:

 

(i)         works completed against the Programme Milestones; and

 

(ii)        works completed to the Scheduled Milestones.

 

(b)        Programme and Scheduled Milestones

 

The parties agree to use their best endeavours to meet or exceed the Schedules and Programme Milestones.

 

The productivity allowance shall be calculated and paid as follows:

 

(i)         the Project Manager will review the works monthly and will verify the achievement of the Programme and Scheduled Milestones;

 

(ii)        the Project Manager will advise the client as to whether the relevant Programme and Scheduled Milestones have been achieved;

 

(iii)       if the relevant Programme and Scheduled Milestones are met, the maximum payment shall be $1.25 per hour for each hour of time worked; and

 

(iv)      payment shall be made as part of weekly wages.

 

In the event that a Programme or Scheduled Milestone is not achieved, the Monitoring Committee shall meet with the Project Manager to determine:

 

(i)         the reason why the milestone target was not achieved; and

 

(ii)        the action required to catch up the next milestone target.

 

If a Programme Milestone or Scheduled Milestone is not achieved for two consecutive months:

 

(i)         the productivity allowance shall cease being paid; but

 

(ii)        if in a following period work catches up to the Schedule, the completion to programme schedule component shall recommence and shall include payments for the preceding period(s) not paid.

 

Payment shall be calculated on an hours worked basis only and shall not include any calculation of award or other entitlements.

 

The parties agree that achievement of the identified Scheduled Milestones shall be determined by Bovis Lend Lease’s client and the Labor Council of NSW in conjunction with the unions.

 

(c)        Transport Workers

 

The parties agree that the award does not apply to purely incidental activities such as couriers.  This award will apply to transport workers who are employed by an employer if the relevant employer makes deductions from the remuneration of the transport worker(s) in accordance with the "Pay As You Earn" provisions of the Income Tax Assessment Act 1936.  The parties agree that any transport worker carrying out work relating to the Project will be paid, in addition to his or her remuneration, the Project productivity allowance of $1.25 per hour, provided that the transport worker is involved with the Project for two or more hours on any calendar day.

 

(d)        Potential for Part-Payment

 

When deciding whether to pay the productivity allowance, the Project Manager may recommend part-payment of the allowance based on part-performance of the Scheduled Milestones or the Programme Milestones.

 

6.5        Changing the Programme and Scheduled Milestones

 

The parties agree that the Scheduled and Programme Milestones must be reviewed and updated throughout the life of the Project and that the Monitoring Committee will meet at regular intervals and, with the Project Manager, agree and set new Scheduled and Programme Milestones.

 

6.6        Contract Carriers

 

The parties agree that all Contract Carriers shall be paid in accordance with the rates of remuneration set out in Part B of the Transport Industry - Excavated Materials, Contract Determination.

 

7.  Environment, Health, Safety and Rehabilitation (EHS&R)

 

7.1        Induction

 

(a)        All Employees must attend an agreed EHS&R induction course on commencement of their engagement on the Project.

 

(b)        The parties recognise the EHS&R induction training provided by T.E.T.A. for casual and permanent transport workers.

 

7.2        Environment, Health and Safety Plans

 

All employers must submit an environment, health safety and rehabilitation management plan, in accordance with the Safety Alliance for the Construction Industry "S" Pack, to Bovis Lend Lease.  These plans should include evidence of:

 

(a)        risk assessment of their works;

 

(b)        hazard identification, prevention and control;

 

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

 

(d)        industry and trade specific induction of employees;

 

(e)        monitoring performance and improvement of work methods;

 

(f)         reporting of all incidents and/or accidents;

 

(g)        compliance verification; and

 

(h)        regular EHS&R meetings, inspections and audits of the Project.

 

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 agreed Occupational Health and Safety training with Comet Training or other agreed providers.  The Safety Committee may invite the union to attend any Safety Committee meeting or site inspection.

 

7.4        Implementation of this Clause

 

(a)        The parties acknowledge and agree that all parties are committed to safe working procedures and to the Project Environment Health and Safety Policy.

 

(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 clause 6.3 of 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 that an employer 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 or she has completed an Industry Occupational Health and Safety Induction (such as a "Green Card") approved by the WorkCover Authority of NSW.

 

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 or other agreed provider 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 tradespeople.  Testing and tagging is to be carried out only by licensed electricians.

 

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, through genuine negotiation, 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, Bovis Lend Lease, and the appropriate union official;

 

(e)        Discussion between the Secretary of the relevant union (or nominee) and Bovis Lend Lease NSW Operations Manager (or nominee);

 

(f)         Discussion between senior management of the Employer, Bovis Lend Lease and the Labor Council of New South Wales.  This shall occur within seven days of the dispute being initially raised;

 

(g)        If the dispute is not resolved after step (e), the employer 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);

 

(h)        Work shall continue without interruption or dislocation whilst the parties to the dispute are genuinely attempting to resolve 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 Bovis Lend Lease and the union delegate;

 

(c)        Discussion between site management representatives of Bovis Lend Lease and the union organiser;

 

(d)        Discussion between senior management of Bovis Lend Lease and the appropriate union official;

 

(e)        Discussion between the Secretary of the relevant union (or nominee) and Bovis Lend Lease NSW Operations Manager (or nominee);

 

(f)         Discussion between Bovis Lend Lease Operations Manager (or nominee) and the Labor Council of New South Wales.  This shall occur within seven days of the dispute being initially raised;

 

(g)        If the dispute is not resolved after step (e), the employer 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);

 

(h)        Work shall continue without interruption or dislocation whilst the parties to the dispute are genuinely attempting to resolve 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.  This will not prejudice the position of any party;

 

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

 

(c)        The parties agree that the outcome of any matter dealt with the terms of paragraph (b) of this subclause shall not be used as a precedent, reference, example or exhibit in any way whatsover in matters arising from this Project;

 

(d)        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);

 

(e)        Nothing in this subclause shall affect the rights of an employer or a union in relation to the settlement of any demarcation issue.

 

8.4        Procedures to Prevent Disputes regarding Non-Compliance

 

(a)        Bovis Lend Lease, 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 Company 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.)  Where such practices are identified, the Company 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 required to comply with their lawful obligations.

 

(c)        In accordance with section 127 of the Industrial Relations Act 1996, section 175(b) of the Workers Compensation Act 1987 or Part 5B s1G-31J of the Pay-Roll Tax Act 1971, the principal contractor will obtain all applicable Subcontractors Statements regarding workers’ compensation, payroll tax and remuneration.  A copy of these statements will be available on request to an accredited trade union officer or site delegate.

 

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

 

(e)        Any dispute concerning non-compliance shall be resolved in accordance with the dispute settling procedures of this award.

 

9.  Monitoring Committee

 

(a)        The parties will establish a committee to monitor the success of this award.

 

(b)        This Monitoring Committee will meet at the commencement of construction and then at monthly intervals or as required during construction on the Project.

 

(c)        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:

 

developing more flexible ways of working;

 

enhancing occupational, health and safety;

 

productivity plans;

 

compliance  with Awards and other statutory requirements by employers; and

 

inserting new scheduled milestones into Annexure B to this award.

 

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.

 

(d)        The Monitoring Committee will meet at quarterly intervals or as required to review existing milestones and will set new milestones as appropriate during the course of this award.

 

10.  Productivity Initiatives

 

10.1      Learning Initiatives

 

Each employer shall be required to demonstrate to Bovis Lend Lease implementation of commitment to skill enhancement and workplace reform while working on the Project.

 

10.2      Inclement Weather

 

The parties to this award will collectively proceed towards the minimisation of lost time due to inclement weather.

 

Further, the parties are bound to adopt the following principles with regard to inclement weather and idle time created by inclement weather:

 

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

 

(b)        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);

 

(c)        Where the initiatives described in paragraph (b) above are not possible or non-productive, the use of non-productive time will 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;

 

(d)        All parties are committed to an early resumption of work following any cessation of work due to inclement weather;

 

(e)        The parties agree the practice of "one out, all out" will not occur.

 

10.3      The Site Management Plan

 

(a)        The parties agree that the Site Management Plan ("the Plan") is of paramount importance to the productive and efficient operations of the Project.

 

(b)        The parties agree that they will comply with the Plan.

 

(c)        The Plan consists of sub-plans covering the following areas:

 

deliveries, materials handling and personnel movement;

 

pedestrians, visitors and members of the public;

 

existing operators and neighbours;

 

protection of existing trees;

 

construction noise;

 

hours of work;

 

waste management and clean up;

 

behaviour on site.

 

(d)        If the Project Manager considers that an employee or employer has committed a serious breach of the plan, the Project Manager will discuss this matter with the relevant employer and union.  After this discussion, the Project Manager may recommend that the employee/employer be removed from the Project.

 

10.4      Rostered Days Off

 

Subject to clause 25, Leave Reserved, it is agreed that a procedure for increasing the flexibility of Rostered Days Off (RDOs) will be implemented on the Project.

 

With a view:

 

(a)        to increasing the quality of working life for employees;

 

(b)        to increasing the productivity of the Project; and

 

(c)        that any RDOs accrued on the Project must be taken during the course of the Project.

 

A roster of RDOs will be prepared, following consultation with the Monitoring Committee and agreement of the individuals involved and their respective union.

 

Records of each employee’s RDO status will be maintained by their employer and, where possible, recorded on the employee’s payslip.  Records of each employee’s RDO status shall be made available to the employee, the employee’s delegate or union official upon request.

 

Where practicable, Saturday work prior to the published industry RDOs will not be worked.

 

10.5      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 and the amenities will be maintained in a clean and hygienic state at all times.

 

10.6      Hours of Work

 

(a)        Ordinary hours of work shall be eight hours per shift between 6.00 am and 6.00 pm Monday to Friday.  However, ordinary hours may commence from 5.00 am by agreement between the employer, employee and relevant union.

 

(b)        The parties recognise that, in general, the hours worked by individuals in the construction industry are not consistent with the objectives of maintaining high productivity or a high quality of life.  As a means of improving this situation, no employee on this Project will be expected to work in excess of 58 hours per week except in an emergency.

 

11.  Immigration Compliance

 

11.1      Immigration Compliance

 

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 Bovis Lend Lease of the importance of immigration compliance.  Where there is concern that illegal immigrants are being engaged by an employer on the Project, Bovis Lend Lease will act decisively to ensure compliance.

 

11.2      Legal Right of Employees to Work

 

Employers are required, prior to employees commencing work on site, to check the legal right of employees to work.  The authorisation form attached to this award (as per Annexure C) may assist in providing evidence of the employee’s legal status.

 

12.  Long Service Compliance

 

If applicable, 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 under the relevant long service leave legislation.  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 Precedent

 

The parties agree not to use this award as a precedent and that this award will in no way create a claim for flow-on of on-site wage rates and conditions.

 

14.  Single Bargaining Unit

 

This award was negotiated by the Labor Council of New South Wales on behalf of the unions and by Bovis Lend Lease in its own right and on behalf of the employers.

 

15.  Union Rights

 

The parties to this award acknowledge the right of employees to be active union members and respect the right of the relevant union to organise 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.

 

15.1      Visiting Union Officials

 

(a)        Union officials (party to this award), when arriving on site, shall call at the site office and introduce themselves to a management representative of the employer, prior to pursuing their union duties.

 

(b)        Union officials shall produce their right of entry permits, if required, and observe the relevant 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 industrial instruments, enterprise agreements, the Industrial Relations Act 1996 (NSW), or other employer statutory requirements.

 

15.2      Project Delegate

 

Parties to this award recognise that the Project workforce will elect a Project Delegate who shall be the principal spokesperson for the Project workforce.

 

Rights of the Project Delegate

 

1.          The Parties acknowledge it is the sole right of the Project workforce to elect the Project Delegate, who shall be recognised as the authorised representative of the unions in respect of the Project.

 

2.          The Project Delegate shall have the right to approach or be approached by any employee of an employer to discuss industrial matters with that employee during normal working hours.

 

3.          The Project Delegate shall have the right to communicate with the Project workforce in relation to industrial matters without impediment by an employer.  Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by an employer:

 

(a)        moving the Project Delegate to a workplace or work situation which prevents or significantly impedes communication with the Project workforce;

 

(b)       changing the Project Delegate’s shifts or rosters so that communication with employees is prevented or significantly impeded;

 

(c)        disrupting duly organised meetings.

 

4.          The Project Delegate shall be entitled to represent the Project workforce in relation to industrial matters on the Project and, without limiting the generality of that entitlement, is entitled to be involved in representing the Project workforce in relation to:

 

(a)        the introduction of new technology on the Project and other forms of workplace change;

 

(b)       career path, reclassification, training issues; and initiating discussions and negotiations on any other matters affecting the employment of the employees;

 

(c)        ensuring that employees on the Project are paid their correct wages, allowances and other lawful entitlements;

 

(d)       checking with relevant industry schemes so as to ensure that superannuation, long service leave and redundancy has been paid on time.

 

5.          In order to assist the Project Delegate to effectively discharge his or her duties and responsibilities, the Project Delegate shall be afforded the following rights:

 

(a)        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;

 

(b)       at least 10 days' paid time off work to attend relevant union training courses/forums.

 

6.          The employer of the Project Delegate shall provide to the Project Delegate the following:

 

(a)        a lockable cabinet for the keeping of records;

 

(b)       a lockable notice board for the placement of union notices at the discretion of the Project Delegate;

 

(c)        where practicable and, if agreed to, a Project Delegate office;

 

(d)       where a Project Delegate office is not practicable, access to a meeting room;

 

(e)        use of the telephone for legitimate union business associated with the Project;

 

(f)        from existing resources and, when required for legitimate union Project-related business, access to a word-processor, typewriter,  photocopier, facsimile machine and e-mail.

 

7.          There shall be no deduction to wages where a union(s) requires the Project Delegate to attend any Court or Industrial Tribunal proceedings relating to industrial matters on the Project.

 

15.3      Subcontractor Delegates

 

Subcontractor Delegates of the respective Unions will be recognised by the Project Manager and the employers.  The names of delegates should be advised to the Project Manager.  Subcontractor Delegates will be given appropriate time and facilities to assist them in their duties.  Subcontractor Delegates will be given the opportunity for relevant paid trade union training and time to attend union meetings authorised by the Secretary of the relevant union, or his or her nominee.

 

15.4      Union Membership

 

Properly accredited officials and workplace representatives of the union shall have the right to be provided with appropriate access to employees to promote the benefits of union membership.

 

To assist in this process the employer shall:

 

(i)         if requested, and on the written authority of the employee, 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; and

 

(ii)        provide the union with access to talk to new Employees.

 

Nothing in this clause shall be contrary to the relevant legislation.

 

16.  Australian Content

 

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

 

17.  Protective Clothing

 

Employers will provide their employees engaged on site with legally produced Australian-made protective clothing on the following basis:

 

Safety Footwear

 

Appropriate safety footwear shall be supplied on commencement, if not already provided, to all persons engaged on the Project and will be replaced on a fair wear-and-tear basis, provided it is produced to the employer as evidence.

 

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 thereafter.

 

Jackets

 

Each person, after accumulated employment on site of 152 hours, shall be eligible to be issued with a warm bluey jacket or equivalent, which will be replaced once per calendar thereafter.

 

In circumstances where any employee(s) of an employer is/are transferred to the Project from another project where an issue of equivalent clothing was made, then such employees shall not be entitled to an issue on this Project until the expiry of the calendar year or on a fair wear-and-tear basis.

 

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 enterprise agreement shall not be entitled to the provisions of this clause.

 

Employers will consult with the Labor Council of NSW to be provided with a list of Australian manufacturers who use legal labour in the manufacturing of their work clothes.

 

All transport workers who are involved on the Project for longer than two hours on any calendar day will be provided with safety footwear, one set of clothing and one jacket by their employer prior to commencement on the Project, unless they have been provided with such footwear and clothing by their employer within the previous 12-month period.

 

18.  Workers' Compensation and Insurance Cover

 

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

 

Bovis Lend Lease will audit Certificates of Currency from each employer engaged on site to ensure that the wages estimate and tariff declared for the type of work undertaken is correct.  This information will be available to accredited union officials on request.

 

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.

 

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:

 

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

 

All employees must enter in the register any injury received by the employee.  The employer must be notified of all injuries on site immediately.

 

An employer who receives a claim for compensation must, within seven days of receipt, forward the claim or documentation, to their insurer;

 

An employer who receives a request from their insurer for further specified information must, within seven days after receipt of the request, furnish the insurer with the information as is in the possession of the employer or reasonably obtained by the employer.

 

An employer who has received compensation money from an insurer shall as soon as practicable pay the money to the person entitled to the compensation.

 

19.  Apprentices

 

As part of the Project’s commitment to learning and skills development, a ratio of one apprentice/trainee to every five tradespersons within each employer’s workforce is to be maintained.

 

20.  Training and Workplace Reform

 

The parties are committed to achieving improvements in productivity and innovation through co-operation 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.

 

21.  Project Death Cover

 

Bovis Lend Lease will guarantee that 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 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.

 

22.  Anti-Discrimination

 

(a)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.

 

(b)        It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(c)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

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

 

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

 

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

 

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

 

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

 

(e)        This clause does not create legal rights or obligations in addition to those imposed upon the Parties by legislation referred to in this clause.

 

NOTES

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

“Nothing in this Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”

 

23.  Personal/Carer's Leave

 

This clause is applicable only in respect to the Carer's and Parental Leave provisions.

 

23.1      Use of Sick Leave

 

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

 

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

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse who, in relation to a person, is a person of the opposite sex to the first-mentioned person who lives with the first-mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de 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.

 

23.2      Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause 23.1 of this clause above who is ill.

 

23.3      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 (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.

 

23.4      Time Off in lieu of Payment for Overtime

 

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

 

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

 

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

 

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

 

23.5      Make-up Time

 

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

 

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

 

23.6      Rostered Days Off (RDOs)

 

(a)        An employee may elect, with the consent of the employer, to take an RDO at any time.

 

(b)        An employee may elect, with the consent of the employer, to take RDOs in part-day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all RDOs 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.

 

24.  Project Close-Down Calendar

 

For the purposes of this 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 RDOs as set out below, subject to the agreement of the appropriate union Secretary, or his or her nominee.  In such circumstances reasonable notice (where possible), shall be given to the unions (or the Project Delegate).

 

Project Close-down 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.

 

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

Shutdown Saturday

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)

 

25.  Leave Reserved

 

The parties are mindful that during the life of this Project the majority of the employers, employees (and their unions) will be re-negotiating the terms and conditions of their enterprise agreements.

 

To the extent that the appropriate legislation permits, the parties accept that protected action in respect to the re-negotiation process may occur.

 

The parties acknowledge that the integrity of this process will be observed.

 

ANNEXURE A

 

PARTIES

 

Part 1

 

Employers:

 

Bovis Lend Lease Pty Limited and any subcontractors engaged to work on the Project.

 

Part 2

 

Unions:

 

Labor Council of New South Wales (The Labor Council)

 

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

 

The New South Wales Plumbers and Gasfitters Employees' Union

 

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (also known as AFMEPKIU)

 

Electrical Trades Union of Australia, New South Wales Branch

 

Transport Workers' Union of New South Wales (TWU)

 

ANNEXURE B

 

Part 1

 

Scheduled Milestones

 

Milestone

Objective

Indicator

Assessment

1.  Programme

Achieve new working

Marked up Programme

 

 

Programme Milestone

and attached table.

 

 

and Practical

 

 

 

Completion on

 

 

 

17 April 2003

 

 

2.  EH&S

Protection and relation

Minimise disruption to

 

 

with public.

public and of the

 

 

 

existing shopping.

 

 

Reduction of potential

centre.

 

 

class one occurrences.

 

 

 

 

Reduction in severity

 

 

Compliance with work

and frequency of P1s.

 

 

method statements.

 

 

 

 

Reduction in

 

 

Inductions

safety indicators.

 

 

 

 

 

 

 

Monitor SWM and

 

 

 

actual method.

 

 

 

 

 

 

 

All employees attend

 

 

 

induction.

 

3.  Quality

Compliance with AFC

Verification of ITP and

 

 

specifications drawings

Consultant QA report.

 

 

and documentation.

 

 

4.  Behaviour/Hours of

Quiet enjoyment of

No complaints

 

Work

existing tenants

 

 

 

 

 

 

 

Refer Management Plan

 

 

 

for further issues

 

 

5.  Zero Lost Time

No lost time due to site-

Marked up Programme.

 

 

wide stoppages

 

 

 

Part 2

 

Programme Milestones.

 

Milestone 1

Plaza Windows only

By Christmas 2003

Milestone 2

Complete External Paving Stages 5 to Stage 8

By 25 September 2003

Milestone 3

Complete External Paving and external

By 17 April 2004

 

finishes generally all stages

 

 

ANNEXURE C

 

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 the employer representative or an authorised trade union officer on request.

 

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

 

Signed:                         Dated:

 

Name of employer:

 

Phone:                                      Fax:

 

Please send or fax this form to:

The Department of Immigration and Multicultural Affairs

Phone: (02) 9258 4730

Fax: (02) 9258 4763

 

 

 

M. J. WALTON  J, Vice-President.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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