AUBURN HOME MEGA MALL PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the Labor
Council of New South Wales, a State Peak Council for Employees.
(No. IRC 5038 of 2003)
Before The Honourable
Justice Walton, Vice-President
|
17 October 2003
|
AWARD
1. Arrangement
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) Project Milestone Payment
(b) Transport Drivers
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
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
Annexure A - Parties
Annexure B - Authority to Obtain Details of Immigration
Status
Annexure C - Target Program Milestones
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 subcontract 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 and 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.
"Walter" means Walter Construction Group (New South
Wales - Building Division) of 100 Pacific Highway, St Leonards, NSW, 2061.
"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 Walter and any subcontractor
engaged on the Project.
"Enterprise agreement" means an agreement
registered or certified under the Workplace
Relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996 (NSW).
"EHS&R" means Environment Health Safety and
Rehabilitation.
"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 of this award.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Milestones" means the milestones listed in
Annexure C of this award as amended by the Monitoring Committee from time to
time.
"Project" means the construction works contracted
to Walter at Auburn Home Mega Mall, 265 Parramatta Road, Auburn, NSW, 2065
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by Walter 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 of 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 Walter
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 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 8 August 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
(a) Project
Milestone Payment
Subject to paragraph (b) of this subclause, the
employer will pay a Project milestone allowance for persons engaged on the
Project of $1.25 for each hour worked on the Project. The milestone targets to be achieved are listed in Annexure C of
this award. In the event the milestone
targets are not being met, the Monitoring Committee shall meet and discuss the
reasons. If considered appropriate, the
Committee will reschedule the milestone targets. The milestone payments shall continue to be paid unless there is
an agreement by the Monitoring Committee that the payment should cease. If the Monitoring Committee fails to reach a
unanimous agreement, either party may seek to resolve the matter through the
disputes settling procedures of this award.
(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 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.
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 or other mutually agreed assessor 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 tradesperson.
Testing and tagging is to be carried out only by qualified electrical
tradesperson.
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), provided
an inspector is available on reasonable notice to carry out inspections. 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, Walter and the appropriate union
official;
(e) Discussion
between the Secretary of the relevant union (or nominee) and Walter 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 (NSW).
(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 Walter and the union delegate;
(c) Discussion
between site management representatives of Walter and the union organiser;
(d) Discussion
between senior management of Walter and the appropriate union official;
(e) Discussion
between the Secretary of the relevant union (or nominee) and Walter 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 (NSW).
(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 (NSW).
8.4 Procedures to
Prevent Disputes regarding Non-Compliance
(a) Walter, 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. Walter and the 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, Walter 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 Walter 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
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) review of
milestone targets and payments; 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
Walter 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 paragraph (b) of this subclause 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.
10.3 Rostered Days
Off
(a) Subject to
clause 25, Project Close-Down Calendar, a procedure for the implementation of
rostered days off (RDOs) will be agreed on the Project, the purpose of which 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 New South Wales Plumbers and Gasfitters Employees'
Union.
(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 eight hours per shift between 6.00 a.m. and 6.00 p.m. Monday
to Friday. However, ordinary hours may
commence from 5.00 a.m. 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 Walter
of the importance of immigration compliance.
Where there is concern that illegal immigrants are being engaged by an
employer on the Project, Walter 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 authorisation
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 Leave 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 Walter Construction Group (New South Wales - Building Division) 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 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.
16.1 Visiting Union
Officials
(a) Where practicable,
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 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 (NSW), 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;
up to 10 days' paid time off work to attend relevant
union training courses/forums;
paid time off to attend meetings of delegates in the
industry, as authorised by the relevant union.
(vi) Walter shall
provide to the delegates (as a whole) 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 delegates;
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;
personal computers (PC), CD ROM and e-mail and the
Internet at the workplace;
a photocopier or facsimile machine.
(vii) There shall be
no deduction to wages where the union requires a delegate to attend any court
or industrial tribunal proceedings relating to industrial matters at the
workplace.
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 and authorised by 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;
(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 basis 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 Employers of
transport workers who regularly have transport workers on the Project will
supply workers with safety footwear, one set of clothing and one jacket prior
to the commencement of work at the site.
However, the employer does not need to supply the above if the said
transport worker has been issued with the clothing within the previous 12
months and the employer 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 Walter will
obtain and check workers' compensation Certificates of Currency from each
employer engaged on site and a declaration from each employer that they have
paid the premiums in respect of that insurance. Walter will act reasonably 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-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.
19.4 Employers must
ensure that they are aware of and will abide by sections 63 to 69 of the Workers Injury Management and Workers
Compensation Act 1998, which provide that:
(a) The employer
shall keep a register of injuries/site accident book in a readily accessible
place on site;
(b) All employees
must enter in the register any injury received by the employee. The employer must be notified of all
injuries on site immediately. The
employer must notify the insurer within 48 hours of a significant injury;
(c) An employer
who receives a claim for compensation must, within seven 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 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 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 Walter will
guarantee the beneficiary of any employee who dies as a consequence of working
on the Project will be paid a death benefit of $25,000.00. 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.
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 grounds 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.”
24. Personal/Carer's
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 spouse of the employee; or
a de facto spouse who, in relation to a person, is a
person of the opposite sex to the first mentioned person who lives with the
first mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
a child or an adult child (including an adopted child,
a 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
a same sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis; or
a relative of the employee who is a member of the same
household where, for the purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first 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 25.1 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 (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.
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 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.
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
|
January 25
|
|
Sunday
|
January 26
|
|
Monday
|
January 27
|
Australia Day Public Holiday
|
Tuesday
|
January 28
|
RDO
|
|
|
|
Thursday
|
April 17
|
RDO
|
Friday
|
April 18
|
Good Friday Public Holiday
|
Saturday
|
April 19
|
|
Sunday
|
April 20
|
|
Monday
|
April 21
|
Easter Monday Public Holiday
|
|
|
|
Saturday
|
June 7
|
|
Sunday
|
June 8
|
|
Monday
|
June 9
|
Queens Birthday Public Holiday
|
Tuesday
|
June 10
|
RDO
|
|
|
|
Saturday
|
October 4
|
|
Sunday
|
October 5
|
|
Monday
|
October 6
|
Labour Day Public Holiday
|
Tuesday
|
October 7
|
RDO
|
|
|
|
Saturday
|
November 29
|
|
Sunday
|
November 30
|
|
Monday
|
December 1
|
Picnic Day
|
Tuesday
|
December 2
|
RDO
|
Christmas/New Year December/January to be determined at
site level.
Site Calendar 2004
Saturday
|
January 24
|
|
Sunday
|
January 25
|
|
Monday
|
January 26
|
Australia Day Public Holiday
|
Tuesday
|
January 27
|
RDO
|
|
|
|
Friday
|
April 9
|
Good Friday Public Holiday
|
Saturday
|
April 10
|
|
Sunday
|
April 11
|
Easter Sunday
|
Monday
|
April 12
|
Easter Monday Public Holiday
|
Tuesday
|
April 13
|
RDO
|
|
|
|
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
ANNEXURE A
Parties
Part 1
Employers:
Walter Construction Group Pty Ltd
All subcontractors engaged on the Project.
Part 2
Unions:
The Labor Council of New South Wales (The Labor
Council)
Construction Forestry Mining and Energy Union (New
South Wales Branch)
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW Branch) - Plumbing
Division
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: 1800 040
070
|
Fax: 1800 505 550
|
ANNEXURE C
Target Program Milestones
1. New MDF room up and running
|
19 September 2003
|
|
|
2. Mezzanine tenancy 03 works completed
|
4 December 2003
|
|
|
3. New vehicle ramp operational
|
18 March 2004
|
|
|
4. New lift operating
|
23 April 2004
|
|
|
5. Practical Completion
|
2 July 2004
|
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.