BEFORE THE INDUSTRIAL RELATIONS COMMISSION

SERIAL C2345

CROSS CITY TUNNEL PROJECT CIVIL CONSENT AWARD 2003

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by The Australian Industry Group New South Wales Branch, an organisation of employers and a State Peak Council for Employers.

(No. IRC 5158 of 2003)

Before The Honourable Justice Walton, Vice-President

5 November 2003

AWARD

Contents

1. Objectives

2. Definitions

3. Application

4. Duration

5. Industry Standards

5.1 Superannuation and Redundancy

5.2 Top Up/24 Hour Income Protection Insurance

5.3 Project Productivity Allowance

5.4 Wages Rates and Classifications

5.5 Payment of Wages

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

6.1 Induction

6.2 Environment, Health and Safety Plans

6.3 The Safety Committee(s)

6.4 Safety Procedures

6.5 Formwork Safety

6.6 Temporary Power/Testing and Tagging

6.7 Crane Safety

7. Grievance Procedure

7.1 Employer Specific Disputes

7.2 Project Wide Disputes

7.3 Demarcation Disputes

7.4 Procedures to Prevent Disputes Regarding Non Compliance

8. Productivity Initiatives

8.1 Learning Initiatives

8.2 Inclement Weather

9. Hours of Work

10. Leisure Time

11. Starting and Finishing Times

12. Overtime

13. Shift Work

14. Meal And Crib Breaks

15. Immigration Compliance

16. Long Service Compliance

17. No Extra Claims

18. No Precedent

19. Single Bargaining Unit

20. Union Rights and Representation

20.1 Intent

20.2 Visiting Union Officials

20.3 Project Delegates

20.4 Rights of The Project Delegate

20.5 Union Delegates Employed by Subcontractors

21. Union Memberships

22. Australian Content

23. Protective Clothing and Equipment

24. Workers Compensation and Insurance Cover

25. Apprentices

26. Training and Workplace Reform

27. Anti-Discrimination

28. Personal/Carers Leave

28.1 Use of Sick Leave

28.2 Unpaid Leave for Family Purpose

28.3 Annual Leave

28.4 Time-Off in Lieu of Payment for Overtime

28.5 Make-Up Time

28.6 Rostered Days Off

29. Project Close-Down Calendar

30. Accidental Death

Annexure A

Annexure B

Annexure C

Annexure D

1. Objectives

1.1 The Parties involved in the Project shall use their best endeavours to ensure that the Cross City Tunnel is opened as early as possible. The Parties acknowledge that, once completed, the Sydney Cross City Tunnel will provide the community with a significant number of social and economic benefits. The Parties agree to continue to develop and implement the following objectives in respect of the following key areas on the Project:

(a) Implementation of forms of work organisation which encourage the use and acquisition of skills and continual learning;

(b) Continued development of more effective management practices;

(c) Continued development of communication processes, which facilitate participation by all Employers, Employees and Unions;

(d) Introduction of new technology and associated change to enhance productivity;

(e) Improved quality of work;

(f) Increased scope of sub-contract work packages to promote genuine skills enhancement and acquisition by Employees;

(g) Provision of a career structure for all Employees based on skills, competencies and increased job satisfaction;

(h) Provision of high standards of occupational health & safety on the Project;

(i) Improved impact of the Project on the environment;

(j) Implementation of this Award, and compliance with all relevant statutory provisions;

(k) Elimination of unproductive time;

(l) Improved compliance by subcontractors with the provisions of applicable awards and/or enterprise agreements and legislative requirements;

(m) Improved wages and conditions for all employees working on the Project;

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

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

(p) Encouraging all Employers to have enterprise agreements with the relevant Union(s); and

(q) The Parties agree to minimize the impact of any industrial action on the Project that may arise out of the negotiation or renegotiation of subcontractors’ enterprise bargaining agreements (EBA’s).

2. Definitions

"Award" means the Cross City Tunnel Project Consent Award 2003.

"Relevant Industry Award" means:

National Building and Construction Industry Award 2000, as amended from time to time.

National Metal and Engineering On-Site Construction Industry Award 2002, as amended from time to time.

Plumbing Industry (New South Wales) Award 1999, as amended from time to time.

General Construction and Maintenance, Civil and Mechanical Engineering &c. (State) Award.

Transport Workers Award 1998.

Mobile Crane Award.

"BHBB CCT JV" means a joint venture between Baulderstone Hornibrook Bilfinger and Berger which has been awarded the contract to design, plan, construct and commission the Project by CCM (the "Joint Venture").

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

"CCM" means Cross City Motorway Pty Limited who has been granted the licence by the RTA to Finance, plan, design, construct, commission, and operate the Project.

"Employee" means a person engaged by any contractor or subcontractor under the terms of this Award to perform Work On‑Site.

"Employer" any contractor or subcontractor engaged by the Joint Venture to work on the Project, including subcontractors` respective subcontractors.

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

"Enterprise Agreement" means any agreement certified under the Workplace Relations Act 1996 (Cwth) or approved under the Industrial Relations Act 1996 (NSW).

"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).

"Consultative Committee" means the committee established in accordance with this Award.

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

"Practical Completion" means the completion of the Project where the Project is fit for use for its intended purpose.

"Project" means the Cross City Tunnel Project being constructed at a site in Sydney's Central Business District, the site being bounded generally by Roslyn Street in the East and Pyrmont Road in the West, and any associated work around the perimeter which may be just outside the formal site boundary including paving, road works and site services.

"Project Delegate" means an Employee member of a Union (who is ordinarily engaged to perform either trade, labouring or plant operation work on the Project) of any Employer and who is elected to act as the representative delegate for the Employees of that Employer on the Project.

"Project Director" means the person appointed by BHBB CCT JV from time to time as its most senior representative for the Project and who as at March 2003 is Mr Lee Price.

"Project Superintendent" means the person appointed by BHBB CCT JV from time as the Project's Superintendent and who as at March 2003 is Mr Geoff Foster.

"Project Safety Officer" means the Project Safety Officer appointed by BHBB CCT JV from time to time and as at January 2003 is Mr Frank Horky.

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

"Stage I" means the scope of work described in clause 3.7 and generally means these works required to enable the project to begin operations as a tollroad.

"Stage 2" means the scope of work described in clause 3.7 of this document.

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

"Unions" means each of the Construction Forestry Mining & Energy Union, The Australian Workers Union, the Australian Manufacturing Workers’ Union, the Transport Workers Union and the Communication Electrical and Plumbing Union.

"Work On‑Site" means work that is carried out on the Project.

3. Application

3.1 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.

3.2 Where the Employer engages sub-contractor/s, it shall make it a condition of any contract that it enters into with its sub-contractor/s that they will not employ or otherwise engage persons on wages and conditions, which are less favourable than those set out in this Project Award.

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

3.4 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.

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

3.6 This Award does not apply to the following organisations or to their employees: Road and Traffic Authority of NSW, Sydney Water, Australian Water Technologies, AGL Gas Company (NSW) Limited, Telstra Corporation Limited, Visionstream Pty Limited, Optus Communications, Energy Australia, Rail Infrastructure Corporation, Sydney Council. The only exception will be where any of the above companies, Government or Semi Government instrumentalities tender for work on the Project in competition to other contractors and are awarded a contract on that basis. Under these circumstances the provisions of this Award will apply.

3.7 Description of Project

The function of the Cross City Tunnel is to remove east bound and west bound traffic from the centre of Sydney. Traffic will enter/exit the tunnel east of the existing King Cross Tunnel and exit/enter the tunnel west of Sussex St at the eastern side of Darling Harbour.

Entries

Mainline Entry:	Craigend St West Bound to CCT West bound

Ramp Entries at:	Harbour St North Bound to CCT East Bound
	Bathurst Viaduct East Bound to CCT East Bound
	Eastern Distributor North Bound William St Exit to CCT West Bound
Exits

Mainline Exits:	CCT West Bound to Western Distributor
	CCT West Bound to Bathurst St East Bound
	CCT West Bound to Harbour St North and South Bound
	CCT East Bound to Bayswater Road

Ramp Exits:	CCT West Bound Sir John Young Cres/Riley St North Bound
	CCT East Bound to Eastern Distributor South Bound
Elements of Construction

Stage 1
Driven Tunnels	2 Lanes each with main line tunnels of 2.2km length
	Single Lane Tunnels for Ramp
	Cross Passages at 240m intervals
	Ventilation Tunnel 2000m Stack Location to Eastern
	Ventilation Cross Over
	Eastern Ventilation Cross Over Tunnel
	Ventilation Fan Room and Substations

Cut and Cover Tunnels	Harbour Street
	Bathurst Street
	Druitt Street
	Sir John Young Crescent
	Bourke Street

Trough Structures	Harbour Street
	Bathurst Street
	Druitt Street
	Sir John Young Crescent
	Bourke Street
Structures	Ventilation Stack sited in the Darling Harbour precinct
	Bus Cross Over Market St Viaduct and Bathurst St
	Viaduct
	Widening of Existing Market St Viaduct by 1 lane
	Widening of Bathurst St Viaduct
	Pedestrian Over Bridge to Darling Harbour
	Wisdom Lane Retaining Walls
	Ward Avenue Bridge
	Kings Cross Tunnel Land Bridge 40m East Side
	King Cross Tunnel Land Bridge 40m East Side
	Eastern Distributor Macquarie St Bridge Replacement
	Modification and Underpinning of Art Gallery Bridge

Stage 2
Surface Works	William St Upgrade between Kings Cross Tunnel and
	Elizabeth St comprising of footpath widening and
	reducing the number of lanes.
	Local Area Traffic Management works to Paddington
	area.

4. Duration

This Award will apply on and from 1 September 2003 until the Project is completed but will otherwise expire 3 years after the date of approval of this Award whichever is the sooner.

5. Industry Standards

5.1 Superannuation and Redundancy

(a) The Employer will make superannuation contributions for each Employee into C+Bus or another agreed superannuation fund approved by the Employer in accordance with the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992, as amended from time to time.

(b) Employees must be members of MERT, ACIRT or another industry redundancy scheme approved by the parties.

(c) The Employer will contribute to each of their Employees' redundancy fund an amount of $80.00 per week for the duration of the Project.

5.2 Top Up/24 Hour Income Protection Insurance

Each Employer will provide Workers Compensation Top Up and 24 Hour Personal Accident insurance with a scheme(s) approved by the parties to this Award.

5.3 Project Productivity Allowance

(a) A Project Productivity Allowance is to be paid in recognition of all site conditions associated with working on this construction project or any other payment or allowance not explicitly provided for in this Award including any project or site allowance that may be payable under any other Project Award or Agreement.

Employees will be entitled to a Project Productivity Allowance of $3.00 per hour for all time worked. The Project Productivity Allowance will increase to $3.50 per hour for all time worked from the first full pay period on or after 1 January 2004.

The Project Productivity Allowance will be paid on a "flat" basis for hours worked and not factored into overtime or penalties, and will be calculated and paid weekly "in-arrears".

(b) Transport Drivers

(i) This Award does not apply to off site or purely incidental activities such as delivery of site materials or couriers, except for transport award drivers who are required to have a regular involvement with the Project in excess of two (2) hours per day.

(ii) Employees - Rates of Pay

It is further agreed that any Transport Worker carrying out work relating to the Project will be paid, in addition to his/her Award or Enterprise Agreement rate of remuneration, any applicable Project productivity allowance, provided that the driver has had a regular involvement of two (2) hours or more on any day with the project.

(iii) 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.

(iv) 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.

5.4 Wages Rates and Classifications

(a) Employees engaged on the project shall be entitled to not less than the rates of pay provided in this Award. These rates are set out in Annexure C of this Award.

(b) Employees engaged on the project shall be classified as set out in Annexure D of this Award.

5.5 Payment of Wages

(a) Payment Methods

All wages payable pursuant to this Award shall be paid weekly by electronic funds transfer. When payment is to be made by electronic funds transfer, the Employee is required to nominate an account(s) held at a bank or other financial institution.

(b) Pay Details

The Employer shall provide in writing, at or prior to the day of payment, appropriate details to each employee, including, but not limited to:

(i) the name and Australian Business Number of the Employee;

(ii) the name of the employee;

(iii) the classification of the employee under that instrument;

(iv) the date on which the payment was made;

(v) the period of employment to which the payment relates;

(vi) the gross amount of remuneration (including overtime and other payments);

(vii) the amount paid as overtime or such information as will enable the employee to calculate the amount deducted paid as overtime;

(viii) the amount deducted for taxation purposes;

(ix) the amount deducted as employee contributions for superannuation purposes;

(x) the particulars of all other deductions; and

(xi) the net amount paid.

The Employer shall maintain an appropriate record of time and wages for all Employees. Such records shall contain a correct account of the hours worked and the wages received by each Employee.

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

6.1 Induction

All Employees must participate in, and comply with, an induction program before commencing work on the Project. This program will cover the Project’s Code of Ethics, health and safety matters, general project site procedures, first aid amenities and an industrial relations section focusing on the benefits and details of this Award.

No person shall commence work on site unless they have completed the Industry Occupational Health and Safety Induction approved by WorkCover NSW, to be delivered by the Joint Venture or another accredited provider.

All Employees must attend the project health and safety induction course on the commencement of their engagement on the Project.

6.2 Environment, Health and Safety Plans

Commitment

The Parties to this Award shall use their best endeavours to ensure that the Cross City Tunnel is opened as early as possible. The Parties acknowledge that, once completed, the Sydney Cross City Tunnel will provide the community with a significant number of social and economic benefits.

In order to achieve the aforementioned objective, the Parties make the following commitments:

(a) Excellence in OHS - The Parties are committed to acting safely to ensure a safe project and to achieving the best possible outcomes in relation to occupational health and safety. This includes compliance with all relevant legislation.

(b) Project Delivery - The Parties are committed to delivering a high quality Project to meet the requirements of the Contract in respect of time and budget.

(c) Community Impact - The Parties recognise the nature and location of the Project presents unique challenges and are therefore committed to minimising any negative impact upon the community arising from the project;

(d) Excellence in Environmental Management - The Parties recognise that the location and nature provides unique challenges in relation to environmental matters and are committed to ensuring that the project benefits the environment and that any negative impacts upon the environment are minimised. This includes compliance with all relevant legislation.

(e) Establishing effective consultative and communication processes - The Parties are committed to maintaining a high standard of Joint Venture/ The Employer/ Employee/ Union communication and consultation.

(f) Mixed Functions - Employees, the Unions, the Employers and the Joint Venture will accept flexibility of jobs and duties and acceptance of improved work organisation. Individual Employees will perform any task that the Employee is competent to perform, provided that such tasks are safe, legal and logical and within the classification structure of this Award and consistent with the scope of work of the Project.

(g) Positive Workplace Culture - The Parties recognise the importance that a positive workplace culture plays in meeting the project objectives. The Parties recognise that the unique size, duration and nature of this Project provides an opportunity to develop a positive workplace culture and are committed to a culture of cooperation, teamwork, mutual respect and shared goals.

(h) NSW Code of Practice for the Construction Industry - The Parties are committed to adherence to the provisions of the NSW Code of Practice for the Construction Industry.

(i) Training - The Parties recognise the value of competency based training and will accordingly co-ordinate, deliver and participate in such training, consistent with the Project Training Management Plan.

(j) Dealing With An Unsafe Situation.

(k) When an Employee becomes aware of an unsafe situation, the Employee must rectify the situation, if it is within their competence to do so.

(l) If the Employee does not have the competence to rectify the unsafe situation, the Employee is required to notify their supervisor immediately.

(m) The supervisor must either immediately rectify the unsafe situation, or notify the Project Safety Officer of the unsafe situation.

(n) When so notified, the Project Safety Officer will take all necessary action to rectify any unsafe situation, including appropriate levels of consultation with the Safety Committee.

(o) If there is to be any delay in rectifying the unsafe situation, the Project Safety Officer will ensure that Employees who are working in the affected unsafe area are relocated to work in other areas on the Project until the unsafe situation has been rectified. Employees who are unable to continue working in an unsafe area agree to be transferred to a safe working area.

6.3 The Safety Committee(s)

The Safety Committee(s) will be properly constituted with an agreed constitution. All members of the safety committee(s) will undertake agreed Occupational Health and Safety training with an agreed provider.

6.4 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.

6.5 Formwork Safety

All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover Formwork Certificate of Competency. Where an Employee does not have a Certificate of Competency an appropriate provider will be contacted to assess the qualifications of the relevant Employee.

6.6 Temporary Power/Testing and Tagging

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

6.7 Crane Safety

The Parties acknowledge that certification of mobile cranes by Cranesafe Australia (NSW) is a new industry initiative to improve crane safety within the construction industry.

The Parties agree that subject to Cranesafe’s capacity to inspect cranes and issue certificates, all mobile cranes engaged by the Employer on the Cross City Tunnel Project will be required to be certified within 1 month of the date of commencement of the crane on this Project.

7. Grievance Procedure

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.

7.1 Employer Specific Disputes

(a) The Parties shall use their best endeavours to prevent disputes arising on the Project or under this Award.

(b) In the event that disputes do arise:

(i) the status quo which existed prior to the dispute shall prevail and work shall continue without prejudice to any of the Parties;

(ii) the Parties agree to attempt to resolve the dispute as quickly as possible without any disruption to the Project;

(iii) the Parties shall use their best endeavours to resolve the dispute, using the relevant steps outlined below; and

(iv) at any time during the dispute, the Parties may agree to refer the dispute for resolution to the Consultative Committee or the Industrial Relations Commission.

(c) In the event of a dispute or potential dispute, the Parties will use their best endeavours to resolve the dispute or potential dispute by taking the following steps:

(i) in the first instance, the Employee or Employees concerned and the immediate supervisor of the relevant Employee and if required, the appropriate Project Delegate shall endeavour to resolve the grievance or dispute;

(ii) if after step (i) of this paragraph, the matter is not resolved, the persons named in subparagraph (i) of this paragraph above will confer with the Project Superintendent in an endeavour to resolve the dispute;

(iii) if after step (ii) of this paragraph the matter is not resolved, then the Project Director and the Project Delegate and the relevant Union organiser and the Employer site representative shall confer in an endeavour to resolve the dispute;

(iv) if after step (iii) of this paragraph the matter is still not resolved, then the relevant Union secretary or nominee together with the Project Director (or nominee) and a Director (or nominee) of the relevant Employer shall confer in an endeavour to resolve the dispute;

(d) All Parties to this Award reserve their right to submit matters in dispute to the Industrial Relations Commission.

(e) Notwithstanding anything in this clause, the Parties agree to maintain the status quo prior to the dispute and that productive work will continue while the dispute is being resolved.

7.2 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 the Joint Venture and the Union delegate;

(d) Discussion between senior management of the Joint Venture and the appropriate Union official;

(e) Discussion between the Secretary of the relevant Union (or nominee) and the appropriate Labor Council representative and the Joint Venture Senior Management;

(f) If the dispute is not resolved after step (e) of this subclause, 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 discussions and negotiations concerning the dispute.

7.3 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:

7.3.1 Work shall continue without interruption or dislocation during discussion and resolution of disputes.

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

7.3.3 If the dispute is not resolved after step 7.3.2 of this subclause, 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).

7.4 Procedures to Prevent Disputes Regarding Non Compliance

7.4.1 The Joint Venture and the Employer will provide the accredited Project delegate(s) with evidence of compliance of subcontractors’ companies engaged on site for superannuation, redundancy and extra insurance to ensure payments for employees have been made as required. The Joint Venture and the Employer will provide the Project Delegate(s) with evidence of compliance 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 Employer 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.

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

7.4.3 In accordance with Section 127 of the Industrial Relations Act 1996 (NSW), 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.

7.4.4 The union delegate or union official shall advise the Joint Venture and the Employer if they believe the information which has been provided by the subcontractor is not correct.

8. Productivity Initiatives

8.1 Learning Initiatives

Each Employer shall be required to demonstrate to the Joint Venture implementation of commitment to skill enhancement and workplace reform while working on the Project.

8.2 Inclement Weather

8.2.1 The Parties to this Award will collectively proceed towards the minimisation of lost time due to inclement weather.

8.2.2 For the purpose of this Award, inclement weather is defined to mean rain or abnormal climatic conditions (for example, hail, snow, high wind, severe dust storm or extreme high temperature) under which it is either unreasonable or unsafe for Employees to continue working.

8.2.3 The purpose of this clause is to minimise lost working time due to inclement weather and to establish common procedures so that the welfare and safety of Employees is maintained and where it is safe to do so, work can continue during periods of inclement weather.

8.2.4 Employees who normally work in exposed work areas accept that during periods of inclement weather, work in undercover work areas may not be available and if this is so, that some Employees will be required to work and some may be required to wait until the inclement weather clears. Accordingly, the Parties acknowledge that certain Employees may be required to continue with productive work during a period of inclement weather while others may not.

8.2.5 An Employee must accept a transfer from an exposed work area to an undercover work area not affected by inclement weather if useful work is available in that area and that work is within the scope of the Employee's skill, competence and training and can be safely performed. Employees will be required to walk, or be transported by the Joint Venture between exposed work areas and under cover work areas, where it is safe and reasonable to do so in order to continue work in areas unaffected by inclement weather.

8.2.6 During and after a period of inclement weather, the Employer will consult and agree with the Employees any steps necessary to ensure that work can continue in a safe manner. Where appropriate, the Employer will consult with the relevant Safety Committee(s) about whether work can continue in a safe manner.

8.2.7 During a period of inclement weather where no productive work is available, Employees may be requested by the Employer to attend certain training activities.

8.2.8 An Employee performing work during a period of inclement weather will be paid at the rate of double time (calculated to the next hour) in the following circumstances:

(a) where a concrete pour or asphalt laying has commenced prior to the commencement of a period of inclement weather and the Employee is required to complete such work to a practical stage;

(b) where emergency work is necessary and such work can proceed;

(d) where an Employee continues to work in order to prevent an environmental risk and EPA prosecution.

8.3 If an Employee's clothing becomes wet as a result of work in accordance with paragraph 8.2.7 above the relevant Employee will, unless a change of dry working clothes is available, be allowed to go home without loss of pay.

9. Hours of Work

9.1 The Parties recognise the unique nature of this Project and the fact that in order to complete the Project within the estimated time frame, the Parties will need to be flexible with respect to hours of work and unforeseen circumstances. Ordinary hours of work shall be 8 hours between 6.00am and 6.00pm Monday to Friday. However, ordinary hours may commence from 5.00am by agreement between the Employer, Employee and relevant Union.

9.2 Rostered Days Off

(a) Subject to Clause 10 a procedure for the implementation of Rostered Days Off (RDOs) will be agreed on the Project. The purpose, which is to:

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

(ii) increase the productivity of the Project.

(b) A Project Closedown Calender including RDO’s is contained in clause 29.

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

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

9.3 The following is agreed in respect of RDOs:

(a) The days on which RDOs will be generally taken on the Project will be as provided for in the Project Closedown Calendar detailed in Clause 29 to this Award.

(b) RDOs that are not fixed will generally be taken on dates specified in the Project Closedown Calendar. Notwithstanding this, these RDOs may be banked to a maximum of 7 days in any 12 month period, to be taken at time agreed by the Employer and the Employee concerned as a group of consecutive days or any other combination as may be agreed.

(c) Where more than one RDO is to be taken on consecutive working days (except as provided for in the Project Closedown Calender) application for such paid RDO leave shall be sought with a reasonable period of notice.

(d) By agreement of the majority of Employees concerned in particular work areas, the Employer and the Union(s) concerned, the Employer may substitute the day an employee is to take off for another day in the case of a break down in machinery or a failure or shortage of electric power or some other emergency situation.

(e) Employees will be paid all unpaid RDO accruals and entitlements on termination.

(f) Any disputes arising from this clause will be resolved through the Grievance Procedure provided for at Clause 7 of this Award.

9.4 Maximising Working Time

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

10. Leisure Time

10.1 The Parties agree that it is in the interests of all Parties to ensure that an appropriate balance is struck between work and family commitments. Accordingly, from the Labour Day Long Weekend in 2003, Employees working on the Project will not be scheduled for work on the following nominated public holidays, adjacent weekends and industry RDO’s:

Labour Day;

Building Industry Picnic Day;

Australia Day;

Easter Weekend;

Anzac Day;

Queens Birthday.

Provided that, where due to special circumstances certain works must take place on the nominated long weekends, then discussions will take place between the affected parties to determine:

any practical options to identify the need for work on nominated long weekends;

the minimum number of persons required to work; and

any other special arrangements required.

Where an Employee is required to work on a nominated long weekend they shall be entitled to take sufficient leisure days attached to the end of the weekend to maintain the duration of the original scheduled break.

The Employer will maintain records that will be made available for inspection by the relevant Union representative. These records must detail RDOs taken and accrued RDO entitlements for each Employee.

The Employer will seek agreement with its Employees as to the staggering and banking of RDOs. If an agreement is reached, and an alternative day is substituted for the scheduled RDO, then the scheduled RDO shall be regarded as an ordinary working day.

11. Starting and Finishing Times

11.1 There shall be an agreed start and finish location and time that shall be designed to maximise equipment operating hours and maintenance time. These may be altered by the Employer to suit the needs of the project following consultation with the Employees affected. Employees shall be advised of these particulars upon commencement of employment and shall be given at least forty-eight (48) hours notice of any variation to these.

11.2 All employees shall be changed and ready for work at the commencement of paid working time.

12. Overtime

12.1 Employees agree to work reasonable overtime, as requested by their Employer.

If an Employee's hours of work exceed their ordinary hours, as prescribed in clause 9 of this Award, they will be paid for such hours at the rate of one and a half ordinary rates for the first two hours and at double time thereafter.

12.2 No apprentice or trainee shall, except in an emergency, be required to work overtime or shift work at times which would prevent the Employee's attendance at a training facility, as required by any applicable statute, award or regulation.

12.3 Where permitted by the head contractor, work may be performed on a public holiday.

12.4 Employees will be paid for work performed on a public holiday at the rate of double time and a half.

12.5 An Employee required to work on a public holiday shall be allocated at least four hours’ work or paid for four hours’ work at the overtime rate even if productive work is not available.

13. Shift Work

13.1 The Employer may decide that certain work needs to be performed by way of shift work. Where shift work is required, the Employer will give the relevant Employees at least 48 hours' prior notice that they will need to commence shift work.

13.2. The Employer will consult with the relevant Employees about the Employee's shifts.

13.3 The following will apply in relation to shift work:

(a) Day Shift means any shift finishing after 10.00am and before 6.00pm;

(b) Afternoon Shift means any shift finishing after 6.00pm and before 12.00am;

13.4 Provided that the Employee is employed continuously for five shifts, the following rates will apply:

(a) for afternoon shifts - ordinary time plus 25% of ordinary time;

(b) night shifts - ordinary time plus 50% of ordinary time; and

13.5 Except in the case of emergencies or where there is machinery breakdown, Employees will be given 48 hours' notice of a variation to their shift roster.

13.6 All work in excess of shift hours, Monday to Friday, other then holidays shall be paid for at double time based on the ordinary rates of pay (excluding shift rates) otherwise as per relevant award.

14. Meal and Crib Breaks

14.1 An Employee required to work overtime for one and one half hours or more after working ordinary hours inclusive of time worked for accrual purposes shall be paid an overtime meal allowance of $18.90, to meet the cost of a meal, in lieu of the meal and first crib allowance in the Award provision.

14.2 Subject to subclause 14.1 of this clause, the relevant industry award provisions relating to meal and crib breaks shall apply.

15. Immigration Compliance

15.1 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 the Joint Venture of the importance of immigration compliance. Where there is concern that illegal immigrants are being engaged by an Employer on the Project, the Joint Venture will act decisively to ensure compliance.

15.2 Employers are required prior to employees commencing work on-site to check the legal right of Employees to work. The authorization form attached to this Award as per Annexure B will assist in providing evidence of the employee’s legal status.

16. Long Service Compliance

If applicable, and in accordance with the Building and Construction Industry Long Service Leave Act 1986 (NSW) 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 Building and Construction Industry Long Service Leave Act 1986 (NSW) and will strictly comply with their obligations.

17. No Extra Claims

17.1 The Parties agree to be bound by this Award for its duration and agree not to seek to vary the Award in any way whatsoever during its term. The Parties agree that this Award prescribes comprehensive terms and conditions of employment and that no Employee or Union will pursue any further claims for additional or alternative terms and conditions of employment whether or not such terms are included within this Award.

17.2 The Unions and Employees agree not to, during the term of this Award, initiate any campaign of direct industrial action intended to secure new and improved rates or conditions of employment.

18. No Precedent

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

19. Single Bargaining Unit

This Award was negotiated by the Labor Council of New South Wales on behalf of the Unions and by the Joint Venture and the Employer in their own right.

20. Union Rights and Representation

20.1 Intent

(a) 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 members. The Parties to this Award also acknowledge that good communication between the union official, the delegate and its union members is an important mechanism in assisting the parties to resolve grievances and disputes in a timely fashion.

(b) The parties are committed to developing and maintaining a positive and practical working relationship between the Joint Venture, the Employers and Union Officials and delegates based on good communication, adherence to the provisions of this Award, and mutual respect of each parties operational objectives. This relationship will aim to manage problems early and avoid disputes and industrial action.

20.2 Visiting Union Officials

(a) Union officials shall contact the Project site office upon arrival on site and introduce themselves to a management representative of the Employer, prior to commencing their union duties.

(b) A union official will not be permitted to enter the Project site without having participated in an induction program approved by the Joint Venture.

(c) Union officials shall produce their right of entry permits, if required, and observe the relevant the Occupational Health and Safety Act and Regulations, and other statutory/legislative obligations for entry to the Project site.

20.3 Project Delegates

Parties to this Award recognise that the Project workforce may elect Project Delegates to a maximum of five (5) who shall be the principal spokesperson for the Project workforce in respect to defined Project areas.

20.4 Rights of the Project Delegate

(a) The Parties acknowledge it is the sole right of the Project workforce to elect the Project Delegate(s), who shall be recognised as the authorised representative of the Unions in respect of the defined Project area.

(b) The Project Delegate(s) 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.

(c) The Project Delegate(s) shall have the right to communicate with the Project workforce 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.

(d) The Project Delegate(s) 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 about:

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

(ii) career path, reclassification, training issues, and discussions on matters affecting the employment of Employees;

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

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

(e) In order to assist the Project Delegate(s) to effectively discharge his or her duties and responsibilities, the Project Delegate(s) shall be afforded the following rights:

(i) the right to reasonable communication with other Project Delegates, Union officials and Management in relation to industrial matters, where such communication cannot be dealt with or concluded during normal breaks in work;

(ii) reasonable paid time off to attend relevant Union training courses. The parties shall agree (up to a maximum number of 10 days) as to the amount of time off to be allocated to each Project Delegate.

(f) The Employer of the Project Delegate shall provide reasonable access to the Project Delegate the following:

(i) a computer with Internet access;

(ii) a meeting room;

(iii) a telephone; and

(iv) a fax and photocopier machine.

20.5 Union Delegates Employed by Subcontractors

Union Delegates employed by Subcontractors will be recognised by the Joint Venture. The names of Delegates should be advised to the Joint Venture. These Union Delegates will be given appropriate time and facilities to assist them in their duties including 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.

21. Union Memberships

Properly accredited officials and workplace representative of the Union shall have the right to be provided with appropriate access to Employees to promote the benefits of Union membership.

22. Australian Content

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

23. Protective Clothing and Equipment

23.1 The Parties acknowledge that the purpose of the Employer providing protective clothing and equipment is to minimise the risk of injury to Employees while working on the Project. Employers will provide their Employees with the following items of clothing and equipment, which are legally produced and Australian made and which must be worn or used at all times while working on the Project:

(a) Safety Footwear

Appropriate safety footwear will be issued upon commencement of work on the Project and will be replaced on a fair wear and tear basis thereafter, provided the footwear is produced to the Employer for inspection. Replacement safety footwear will be provided if such footwear has worn out.

(b) Clothing

Two sets of work clothing will be provided after the Employee has completed 152 hours of work on the Project and will be replaced once per calendar year or on a fair wear and tear basis, provided they are produced to the Employer for inspection.

A set of work clothing will include either one pair of overalls, one combination bib and brace, one pair of long trousers and long sleeved shirt.

A safety helmet will be provided to each Employee and replaced on a fair wear and tear basis. Helmets must not be painted, drilled or modified in any way.

(d) Jackets

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

(e) Equivalent Clothing

Where documented evidence can be shown that the equivalent protective clothing referred to in paragraphs (a), (b), (c) and (d) of this subclause above has been supplied by the Employer within the last three (3) month period, then the above will not apply.

23.2 It is a condition of employment that all Employees wear the items of protective clothing supplied by the Company or equivalent protective clothing approved by the Company. If an Employee does not comply with this clause, the Employer may take the following disciplinary action:

(a) for a first offence, a written warning will be issued;

(b) for a second offence, an Employee will be suspended without pay for 24 hours; and

23.3 Employees will consult with the Labor Council of NSW to be provided with a list of Australian Manufacturers who do not use illegal or exploited labour in the manufacturing of their work clothes.

24. Workers Compensation and Insurance Cover

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

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

24.3 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.

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

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

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

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

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

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

24.5 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.

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

25. Apprentices

(a) The number of apprentices engaged on the Project shall not be less than that required in the NSW Government Training Management Guidelines, December 2000 for a Project Category 1. In this instance the ratio shall be 1 to 4.

(b) Apprentices who are employed on the Project including those engaged from group apprenticeship schemes will, in addition to the other benefits set out in this Award, be paid the following percentages of the CCTJV4 rate of pay set out in Annexure C.

First year apprentice - 50%

Second year apprentice - 60%

Third year apprentice - 75%

Fourth year apprentice - 90%

26. Training and Workplace Reform

The Parties are committed to achieving improvements in productivity and innovation through cooperation and reform. Employers are expected to demonstrate their commitment to develop a more highly skilled workforce by providing their Employees with career opportunities through appropriate access to training and removing any barriers to the use of skills acquired.

27. Anti-Discrimination

It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace.

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

27.2 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.

27.3 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.

27.4 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.

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

28. Personal/Carers Leave

28.1 Use of Sick Leave

(a) An Employee, other than a casual Employee, with responsibilities in relation to a class of person set out in Clause 28.1(c)(ii) who needs the Employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

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

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

(ii) the person concerned being:

a spouse of the Employee; or

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

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

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

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

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

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

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

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

28.2 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 28.1(c)(ii) above who is ill.

28.3 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 consecuti ve annual leave days are taken.

28.4 Time-off in Lieu of Payment for Overtime

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

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

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

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

28.5 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 app licable to the hours taken off.

28.6 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.

This subclause is subject to the Employer informing each Union which is both party to the Award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Unions to participate in negotiations.

29. Project Close-Down Calendar

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 RDO’s 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


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

Saturday	June 12
Sunday	June 13
Monday	June 14	Queens Birthday Public Holiday
Tuesday	June 15	RDO

Saturday	October 2
Sunday	October 3
Monday	October 4	Labor Day Public Holiday
Tuesday	October 5	RDO
Saturday	December 4
Sunday	December 5
Monday	December 6	Union Picnic Day
Tuesday	December 7	RDO (if applicable)

SITE CALENDER 2005

The site calendar for 2005 shall be negotiated and agreed to by the Parties consistent with the approach taken by the Parties in relation to the 2003 and 2004 site calendars.

30. Accidental Death

In the event that an Employee dies as a consequence of an accident whilst working on the project, the Joint Venture will guarantee the beneficiary of such Employee a payment to an amount to be agreed by the Joint Venture and the parties to this Award. Such benefit shall be paid within 14 days of the production of appropriate documentation. This payment shall be in addition to any other entitlements.

ANNEXURE A

Part 1 - Employers

The Joint Venture and Subcontractors engaged 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)

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

Transport Workers’ Union (TWU)

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (also known as AMWU)

Australian Workers’ Union

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 0404 070

Fax: 1800 505 550

ANNEXURE C

Rates of Pay

Classification	From Date of		From 01/09/03		From 01/03/04		From 01/09/04
	Certification in the		Until 28/02/04		Until 30/08/04		Until Completion of
	Commission to						Project
	30/08/03
	Ordinary	Weekly	Ordinary	Weekly	Ordinary	Weekly	Ordinary	Weekly
	Time	Rate	time	Rate	time	Rate	time	Rate
	Hourly		hourly		hourly		hourly
	Rate		rate		rate		rate
	$	$	$	$	$	$	$	$
CCTJV8	25.60	972.80	26.24	997.12	27.70	997.12	28.39	1022.04
CCTJV7	24.58	934.04	25.20	957.60	26.60	957.60	27.27	981.72
CCTJV6	24.00	912.00	24.60	934.80	25.96	934.80	26.61	957.96
CCTJV5	23.00	874.00	23.57	895.66	24.88	895.66	25.50	918.00
CCTJV4	22.00	836.00	22.55	856.90	23.80	856.90	24.39	878.04
CCTJV3	20.98	797.24	21.50	817.00	22.69	817.00	23.26	837.36
CCTJV2	20.47	777.86	20.98	797.24	22.15	797.24	22.70	817.20
CCTJV1	18.93	719.34	19.40	737.20	20.48	737.20	20.99	755.64

The rates set out below for each allowance will remain fixed for the duration of this Award.

Daily Fares Allowance

The Daily Fares allowance will be:	$20 per day from the date of signing the Award until
	28 February 2004; and
	$25 per day from 1 March 2004 until the completion of Project.

Meal Allowance

The meal allowance will be:

$18.90

Responsibility Allowance

This allowance will be paid as follows:

Leading Hand	Numbers of Employees being	Leading Hand Allowance
Level	coordinated and	to be added to both
	Directed	Base Rate and Workface Rate
		$
1	1	0.33 per hour
2	2 - 5	0.73 per hour
3	6 - 10	0.93 per hour
4	11 +	1.25 per hour

First Aid Allowance

The Employee appointed as First Aid Officer under a relevant Award will be paid an allowance of $2.88 per day that they are present and on call to provide first aid assistance on the Project site.

Living Away from Home Allowance (LAFHA)

LAFHA hall be paid in accordance with the relevant Awards.

ANNEXURE D

Classification Structure

Classification	Primary Role Employee Engaged to Perform

CCTJV8	Tractor Operator from 450kw
CCTJV7	Tractor Operator from 370kw up to but not exceeding 450kw
CCTJV6	Tractor Operator from 48kw up to but not exceeding 370kw
	Loader Operator - front end and overhead from 48kw up to but not exceeding 370kw

	Grader-Compactor Operator - from 48kw
	Skid Steer Tractor Operator - from 48kw

	Mobile Crane Operator - over 10 tonnes
	Floating Crane Operator - over 10 tonnes but not exceeding 20
	Other Cranes - over 15 tonnes but not exceeding 20 tonnes
	Side Boom/Pipe layer - up to, but not exceeding 220kw


	Slurry Plant Operator
	Batch Plant Operator
CCTJV5	Tractor Operator up to but not exceeding 48kw
	Skid Steer Tractor Operator - up to but not exceeding 48kw
	Mobile Crane Operator - up to and including 10 tonnes
	Floating Crane Operator - up to and including 10 tonnes
	Other cranes - over 5 tonnes and not exceeding 15 tonnes

	Mobile Concrete Boom Pump Operator
	RoadHeader Operator
CCTJV4	All other tradespersons (including carpenters)
	Tunneller Class 1
CCTJV3	Survey Assistant
	Air Compressor Operators
	Electric Motor Attendants
	Service People
	Operators of other cranes up to and including 5 tonnes
	Rigger
	Tunneller Class 2
	Dogman
	Mobile concrete line pump operators
CCTJV2	Hoist or Winch
	Operator
	Roller Operator
	Steelfixer
	Scaffolder
	Concrete Finisher
	Concrete Mixer/Agitator Driver
CCTJV1	Trades Assistant
	General Labourer
	Survey Field Hand
	Stores Assistant
	Concrete Gang
	Cement Gun Operator
	Chainperson
	Nipper/Amenities Attendant

Determination of Classification for Individual Employees

The appropriate classification level will be determined by the primary role in which a person is engaged to perform on the Joint Venture, regardless of that person's level of skill. This means that the appropriate classification level for an individual will be determined on a task rather than skill basis. Individual classification levels will only change where the primary tasks for which the individual is engaged changes.

Notification of Classification Level

All persons will be advised of the classification level at which they will be engaged in writing in their offer of employment. The classification level will be subject to change during the initial probationary period, and will be confirmed at the end of this period. Any further changes will be notified in writing by the Employer.

Higher Functions

An employee engaged on duties carrying a higher rate than the employee’s ordinary classification shall be paid the higher rate for such period with a minimum of 8 hours pay.

Mobile Crane Capacity Adjustment

For every five tonnes in excess of twenty tonnes an amount of $1.73 shall be added to the base rate for CCTJV6 above and shall be varied in accordance with the Relevant Award.

M. J. WALTON J, Vice-President.

____________________

Printed by the authority of the Industrial Registrar.

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