EPPING TO
CHATSWOOD UNDERGROUND RAIL TUNNEL CONSTRUCTION PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the Australian Workers' Union, New South Wales, industrial organisation of
employees.
(No. IRC 4134 of 2003)
|
Before The Honourable
Justice Walton, Vice-President
|
15 September 2003
|
AWARD
Arrangement
Clause No. Subject Matter
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 Performance Payments
5.4 Transport Drivers
6. Environment,
Health, Safety and Rehabilitation (EHS&R)
6.1 Safety Commitment
6.2 Inductions
6.3 Compliance with Project OHS Procedures & Requirements
6.4 Safety Committee
6.5 Safety Procedures
6.6 Fitness For Work
6.7 Formwork Safety
6.8 Temporary Power/Testing and Tagging
6.9 Crane Safety
7. Alcohol
& Drug Procedure
8. Dispute
Resolution
8.1 Employer specific disputes
8.2 Project Wide Disputes
8.3 Procedures to Prevent Disputes regarding Non-Compliance
9. Productivity
Initiatives
9.1 Learning Initiatives
9.2 Continuous Operations
9.3 Inclement Weather
9.4 Rostered Days Off
9.5 Maximising Working Time
9.6 Hours of Work
10. Immigration
Compliance
11. Long
Service Compliance
12. No Extra
Claims
13. No
Precedent
14. Single
Bargaining Unit
15. Union
Rights & Representation
15.1 Intent
15.2 Visiting Union Officials
15.3 Workplace Delegates
15.4 Union Membership
16. Australian
Content
17. Protective
Clothing
18. Workers
Compensation and Insurance Cover
19. Apprentices
20. Training
and Workplace Reform
21. Project
Death Cover
22. Anti-Discrimination
23. Personal/Carers
Leave
23.1 Use of Sick Leave
23.2 Unpaid Leave for Family Purpose
23.3 Annual Leave
23.4 Time-off in Lieu of Payment for Overtime
23.5 Make-Up Time
23.6 Rostered Days Off
24. Project
RDO & Leisure Saturday Calendar
25. Leave
Reserved
25.1 Union Demarcations
25.2 Other Rates and Allowances
Annexure A - Parties
Annexure B - Authority to Obtain
from DIMA Details of Immigration Status
Annexure C - Project Milestones
1.
Objectives
1.1 The principal
objective of this Award is to provide a framework for positive industrial relations
on the Project to ensure certainty of production and ensure that the
construction of the Epping to Chatswood Underground Rail Tunnel is completed
safely, on time, and under budget.
1.2 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 subcontractors to have enterprise
bargaining agreements with the relevant unions.
2. Definitions
"Award" means this Epping to Chatswood Underground
Rail Link Construction Project Award made between the Parties.
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Deed" means the CIV-SYS-1 Works Contract binding
upon the Thiess Hochtief Joint Venture for Parramatta Rail Link involving the
delivery of a new 13 kilometre railway linking Chatswood and Epping. The
parties accept that in the event that THJV exercises it’s option to deliver a
further railway extension from Epping to Carlingford and/or the completion of
station construction under the STATEAST Works Contract for station fitout the
Deed shall also mean the contract covering these works.
"Employee" means a person engaged by an Employer
and who performs work on the Project. Employees of THJV are not Employees as
defined in this Award.
"Employer" means any subcontractor engaged to work
on the Project. The Thiess Hocthief Joint Venture is not an Employer as defined
in this Award.
"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).
"Parties" means the Employers, and the Unions
referred to in Annexure A and the Thiess Hochtief Joint Venture.
"Practical Completion" means the completion of the
Project where the civil and systems works are completed.
"Programme Milestones" means the milestones listed
in Annexure C as amended from time to time.
"Project" or "Epping to Chatswood Underground
Rail Link Construction Project" means the infrastructure project performed
under the CIV-SYS-1 Works Contract for Parramatta Rail Link involving the
delivery of a new 13 kilometre railway linking Chatswood and Epping. The
parties accept that the Project includes the delivery of a further railway
extension from Epping to Carlingford and the completion of station construction
under the STATEAST Works Contract for station fitout, if awarded to the
Thiess-Hochtief Joint Venture.
"Project site" means the worksites on the Project,
being the sites specified in subclause 3.1 of this Award.
"Construction Manager" means the Construction
Manager (Delivery) for the Project appointed by THJV from time to time.
"Safety Committee" means the Work Area safety
committee formed under the Occupational
Health and Safety Act (NSW) 2000.
"T.E.T.A" means Transport Education Training
Australia.
"THJV" means the Thiess-Hochtief Joint Venture,
being a Joint Venture between Thiess Pty Ltd and Hochtief AG Australia.
"Unions" means each of the Unions listed in Annexure A.
"Work
Area" means a distinct work site or area of work activity (eg tunnel
excavation, tunnel lining or Chatswood Rail Dive).
3. Application
3.1 This Award
applies to all Employees of subcontractor Employers who perform on site
construction work and related work on the Project, being work that is performed
at the following Project Sites:
Underground tunnel excavation, construction, track bed
and track laying, tunnel lining, service and systems installation between
Chatswood and Carlingford.
Station excavation and structural work sites at:
Macquarie Park station at Waterloo Road and Lane Cove
Road
Macquarie University station at Waterloo Road and
Herring Road
Delhi Road, North Ryde
Epping railway station
Station fit-out work sites at:
Macquarie Park station at Waterloo Road and Lane Cove
Road
Macquarie University station at Waterloo Road and
Herring Road
Delhi Road, North Ryde
Epping railway station
Rail Dives
Chatswood rail dive at the junction of North Shore Line
and the Parramatta Rail Link
Epping rail dive at the junction of the Main North Line
and the Parramatta Rail Link
Access Dives
Waterloo Road (North Ryde)
M2 Motorway worksite bounded by Delhi Road, Epping Road
and M2 Motorway
Lane Cove River cut and cover tunnel
Lady Game Drive Service Facility
M2 Worksite
3.2 This Award
does not apply to:
(a) work that is
not performed on the Project Sites;
(b) work that is
not contained within the scope of the Deed;
(c) specialist
work where agreed between the parties in writing before the commencement of
such work;
(d) THJV
employees.
3.3 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.
3.4 Where
THJV engages a subcontractor(s), it shall make it a condition of any contract
that it enters into with it’s subcontractor(s) that they will not employ or
otherwise engage employees on terms and conditions, which are less favourable
than those set out in this award.
3.5 The
Parties also acknowledge and agree that the terms of this Award form part of
the tender conditions for work on this Project.
3.6 This
Award is generally intended to supplement and co-exist within the terms of
existing Enterprise Agreements and Awards and it’s primary purpose is to
provide a framework for the Employers, the Labor Council and the Unions, to
manage those issues on the Project which affect more than one Employer.
4.
Duration
4.1 This Award
shall operate on and from the 15 September 2003 until Practical Completion of the Project.
5.
Industry Standards
5.1 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 $71 per week from into ACIRT or MERT or other schemes approved by the parties.
5.2 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.
5.3 Performance Payments
The parties
recognise the value of performance based pay incentives to maintain Employee
motivation and performance. Such incentive payments are of particular value
given the program and OHS challenges presented by this project, and in view of
the duration of this project. The parties have therefore developed Performance
Incentive Payment and Safety Incentive Payment schemes that will provide a
genuine incentive to meet project program and OHS targets.
(a) Performance Incentive Payment (PIP) -
The PIP is in recognition of all site conditions associated with working on a
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 agreement or award. The PIP is an incentive payment linked to
the achievement of Programme Milestones as provided for in Annexure C of this
Award.
Employees will
be entitled to a PIP of $3.00 per hour for all time worked until 1 July 2004.
The PIP will increase to $3.50 per hour for all time worked from the first full
pay period on or after 1 July 2004.
The PIP will
be paid on a "flat" basis for hours worked and not factor into
overtime or penalties, and will be calculated and paid weekly
"in-arrears".
5.4 Transport
Drivers
(a) 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 PIP and SIP provided
that the driver has had a regular involvement of two (2) hours or more on any
day with the project.
(b) Contract
Carrier / Lorry Owner Drivers
All Contract Carriers / Lorry Owner Drivers 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.
(c) 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.
6. Environment, Health, Safety and
Rehabilitation (EHS&R)
6.1 Safety Commitment
(a) The parties are committed to ensuring a
safe workplace and to making this Project a benchmark in terms of OHS outcomes.
(b) The parties recognise the unique nature
of this project and the challenges it presents, and therefore agree to work
together to ensure that the Project is safe.
(c) The parties and Employees are also
committed to safe working procedures and to the Project Occupational Health and
Safety Policy. The parties and Employees shall comply with all the obligations
arising under the relevant legislation, standards and codes of practices as
varied from time to time. Each Employer and Employee shall be responsible for
ensuring that their immediate area of work is maintained to the standards of
safety required by the site. All Employees are encouraged to contribute
positively to project safety, including raising concerns regarding safety with
their Employer and/or THJV.
(d) The parties are committed to ensuring
that OHS issues are managed and approached in a genuine way, and not used to
support other agendas.
6.2 Inductions
(a) 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 THJV, Comet training or
another provider.
(b) All Employees must attend the project
health and safety induction course on commencement of their engagement on the
project. No employee shall commence work on the site unless they have completed
this induction.
(c) 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.
6.3 Compliance with Project OHS Procedures
& Requirements
(a) The parties recognise that THJV will
develop and implement a number of procedures and requirements for the project.
For example, these may include Project OHS Rules, Safe Work Method Statements
and OHS Management Plans. THJV, Employers and Employees on the Project will
have responsibilities under these procedures and requirements.
(b) THJV and Employers must communicate the
obligations of such procedures and requirements to Employees.
(c) All Employees must adhere to the
obligations of these procedures and requirements.
(d) If the Construction Manager or the
Safety Committee is of the opinion that an Employee has committed a serious
breach of either the legislation, environment health and safety policy or the
relevant safety management plan (or any other agreed safe working procedures),
the Construction Manager will aim to resolve the issue. This may include the
implementation of counselling or disciplinary action.
6.4 Safety Committee
THJV shall
establish safety committee(s) in each Work Area in accordance with the Occupational Health and Safety Act 2000. All members of the safety committee(s) shall
receive the appropriate training to allow them to perform their duties in
accordance with the legislation.
6.5 Safety Procedure
(a) The parties to this award agree to do
all things practicable to maintain the site in a safe condition.
(b) The parties recognise the role and
status of OHS Committee(s) established under the Occupational Health and Safety Act 2000. The parties accept that
the OHS Committee is the consultative body charged with assisting the outcome
of a safe workplace.
(c) If a safety problem has been identified
in a particular Work Area, the Work Area OHS Committee will inspect the area
and determine the appropriate action to be taken.
(d) Work shall cease only in areas
immediately affected by a reasonable concern as to the existence of an imminent
risk to health and safety.
(e) Work in other areas and/or other Work
Areas shall continue without interruption, and all Employees shall remain available
on site to carry out work in areas not immediately affected and/or to carry out
rectification works. Priority will be given to safety rectification.
(f) No employee will be required to work in
any unsafe area or situation, as determined by the Work Area OHS Committee(s).
(g) Should a safety dispute arise over
whether one or more areas or Work Areas are safe or not, the Parties agree the
following procedure shall apply:
Employees
shall not leave the Project site unless directed to do so.
Immediate
inspection of the affected areas will be carried out by THJV safety manager and
the Work Area OHS committee.
The Work Area
OHS Committee in conjunction with THJV safety manager will select the sequence
of inspections of areas.
The inspection
shall identify the safety rectification which is required in each area.
As safety
rectification work is agreed for each area, all relevant Employees shall
immediately commence such rectification work.
Upon
verification that such rectification has been completed, normal work will
resume progressively in each area.
Should any
dispute arise as to the rectification work required to any area, a party may
call upon Workcover NSW to assist. Where Workcover NSW is called in the parties
agree to be bound by that determination. Further, the parties shall abide by
the New South Wales Government Code of Practice for the Construction Industry
in regards to settling safety disputes.
6.6 Fitness for Work
(a) The parties recognise the importance of
all persons working on the Project being fit to work in a safe way. The parties
therefore agree to attempt to develop and implement a Fitness for Work
procedure that will apply on the Project through the Work Area OHS
committees. In the absence of any
agreement by the Work Area OHS committees and THJV, THJV may implement a
procedure which will be adhered to.
(b) The following principles will guide the
Fitness for Work Procedure:
The procedure
will be developed by the work area OHS Committees and THJV Safety Manager and a
representative of the Construction Manager.
The procedure
will aim to provide information and education about Fitness for Work and the
issues that effect Fitness for Work.
The procedure
will aim to reduce OHS risks associated with Fitness for Work, such as fatigue,
impairment and the influence of alcohol and/or drugs.
The procedure
will provide practical steps and actions to reduce the OHS risks associated
with Fitness for Work.
(c) The parties must adhere to the requirements
of the Fitness for Work Procedure.
6.7 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
another suitable provider will be contacted to assess the qualifications of the
relevant employee.
6.8 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.
6.9 Crane Safety
No mobile
crane will be allowed on the project unless it has been certified by Cranesafe
Australia (NSW). Such cranes will be required to display their current
Cranesafe inspection label.
The parties
recognise the importance of crane safety and availability to the project. In
the event that certification by Cranesafe is delayed, unreasonably unavailable
or impractical THJV will consult with the relevant Union to establish an
agreement on a safe operation of cranes.
7. Alcohol &
Drug Procedure
7.1 The parties are committed to ensuring
that no persons enter the Project under the influence of alcohol or illegal
drugs. THJV will develop, in consultation with the Union(s), a Project Drug and
Alcohol Policy. The following points outline key elements of the Projects Drug
and Alcohol Policy:
(a) Not at Work - In the interest of Safety
no persons will be allowed access to the Project if under the influence of
alcohol or drugs. THJV, Employers and the Unions will work together to encourage
all persons to work safely and not under the influence, and all will work
together to ensure that any persons that may be under the influence are
identified and not permitted to access the Project.
(b) Assistance - Where a person is found to
have been under the influence of drugs or alcohol at work, that person will be
provided with assistance and support by THJV (for example, support provided
through the Building Trades Group of Unions Drug and Alcohol Program).
(c) Counselling and Disciplinary Process -
Where a person is found to be under the influence of drugs or alcohol on the
Project the relevant counselling / disciplinary procedure that applies will be
invoked.
(d) Clear Communication to All - The Drug and
Alcohol Policy will be clearly communicated to all persons on the Project. This
will include explanation at THJV Induction, and the display of the procedure on
the Project and/or education on related matters by the Building Trades Group of
Unions Drug & Alcohol Program.
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 concern occurring specifically
between an Employer and its Employees or their respective 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, THJV and the appropriate Union
official.
(e) Discussion
between the Secretary of the relevant Union (or nominee) and THJV Project
Director (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 NSW and request that the
Industrial Relations Commission of NSW 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. No party will be prejudiced as to final
resolution of the dispute by the continuance of work.
(h) The procedure
in this clause does not apply to demarcation disputes.
8.2 Project Wide
Disputes
In the event of a dispute or concern affecting more than
one Employer occurring, the following procedure will be adopted:
(a) Discussion
between those directly affected.
(b) Discussion
between site management representatives of THJV, the employer(s) affected and
the Union delegate.
(c) Discussion
between site management representatives of THJV, the employer(s) affected and
the Union organiser.
(d) Discussion
between senior management of THJV, the employer(s) affected and the appropriate
Union official.
(e) Discussion
between the Secretary of the relevant Union (or nominee) and THJV Project
Director (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 NSW and request that the
Industrial Relations Commission of NSW 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. No party will be prejudiced as to final
resolution of the dispute by the continuance of work.
8.3 Procedures
to Prevent Disputes regarding Non-Compliance
(a) THJV
in association with the accredited site union delegate will check monthly
payments of subcontractors’ companies engaged on site in relation to
superannuation, redundancy and extra insurance to ensure payments for employees
have been made as required. The THJV
and site delegate shall also check that employers have not introduced arrangements
such as, and not limited to, ‘all-in’ payments and or ‘cash-in-hand’ payments,
(i.e. a payments designed to avoid tax and other statutory obligations and
other sham subcontract arrangements). Where such practices are identified THJV
will take immediate steps to ensure that any such arrangements are rectified
and that any employee affected by any such arrangement receives all relevant
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 of NSW, Section 175(b) of the Workers Compensation Act 1987 and Part 5B s1G-31J of the Payroll Tax Act 1971 THJV will obtain
all applicable Sub-Contractors 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 THJV if they believe the
information which has been provided by the subcontractor is not correct.
(e) Any
dispute concerning non-compliance shall be resolved in accordance with the
clause.
(f) Notwithstanding
paragraph 8.3(a) if an employer is identified as paying his/her employees
"all in" payments then such payments shall be deemed to be the
employees ordinary rate of pay for all purposes of this project award and other
industrial instruments which may apply to such employees for the duration of
the project. In such circumstances, all employees of the employer working on
the project shall obtain the benefit of the higher rate of pay plus the
conditions of this Project Award.
9. Productivity Initiatives
9.1 Learning Initiatives
Each Employer shall be required to demonstrate to THJV
implementation of commitment to skill enhancement and workplace reform while working on the Project.
9.2 Continuous Operations
(a) The parties recognise that the
underground excavation and construction activities of this project present
unique operational requirements that may require operations to continue without
interruption.
(b) Specifically, the parties agree that
continuous operations (twenty four hours a day, seven days a week) and work
flow may be maintained in the following areas of activity:
(i) tunnelling operations both in rock and
soft ground;
(ii) critical concrete pours;
(iii) operations involving station excavation;
(iv) continuous weld requirements which may
affect maintenance or the integrity of the operation of the slurry plants,
piping and/or associated equipment;
(v) tunnel support activities (surface and
underground) such as the operation of the tunnel concrete batch -plant and the
supply of materials to tunnel activities;
(vi) spoil removal and spoil haulage activities
to on-site stockpiles; and
(vii) any activity that may affect the operating
integrity of plant that supports the areas of continuous operations listed
above.
In such cases as
listed above, appropriate safe staffing of equipment will be required.
The parties
agree that continuous operations in these areas referred to above will include
continuing to operate in periods of inclement weather, provided that OHS
requirements of this Award and relevant legislation are met.
It is agreed that
issues and disputes relating to the operation of this clause will be processed
through the Disputes Procedure of Clause 8 of this Award and, in the case of
OHS issues, in accordance with the OHS dispute procedure provided at subclause
6.5 of this Award.
9.3 Inclement Weather
(a) Subject to the provisions of this award,
the parties will adopt and adhere to the provisions of clause 21 - Inclement
Weather of the National Building and Construction Industry Award 2000.
(b) Continuous Operations - The parties
acknowledge the unique nature of this project and particularly the importance
of continuous operations, as referred to in subclause 9.2 of this Award. The
parties acknowledge that work in areas referred to at subclause 9.2 of this
Award may continue during inclement weather, provided that in any situation
where inclement weather affects, or is likely to affect the safe performance of
work in these areas, affected employees and their Union representative and THJV
shall consult on and seek the best method of completing work safely.
9.4 Rostered Days Off
(a) 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 roster of
RDOs will be prepared by THJV, following consultation with the workforce and
parties to this Award, and consistent with the roster applicable to THJV employees.
(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 RDOs may
apply to members of the CEPU.
(d) Where
practicable, Saturday work prior to the published industry
RDOs will not be worked.
9.5 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.
9.6 Hours of Work
(a) Ordinary hours
of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to
Friday. However, ordinary hours may
commence from 5.00am by agreement between the Employer, Employee and relevant
Union during daylight saving hours.
10. Immigration Compliance
10.1 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 THJV of the importance of immigration
compliance. Where there is concern that illegal immigrants are being engaged by
an employer on the Project, THJV will act decisively to ensure compliance.
10.2 Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorization
form attached to this Award as per Appendix B will assist in providing evidence of the employee’s legal status.
11. Long Service Compliance
11.1 If applicable,
in accordance with the NSW Building and
Construction Industry Long Service Leave Act, no Employee will be engaged
on site unless he or she is a worker registered under the relevant long service
leave legislation. All Employers (if applicable) engaged on site will be
registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and
will strictly comply with their obligations.
12. No Extra Claims
12.1 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.
13. No Precedent
13.1 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.
14. Single Bargaining Unit
14.1 This Award was
negotiated by the Labor Council of New South Wales on behalf of the Unions and
by THJV in its own right and on behalf of the Employers.
15. Union Rights & Representation
15.1 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 organize 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 THJV,
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.
15.2 Visiting Union Officials
(a) Union officials, who are 'authorised
industrial officers' within the meaning of the Act, will be granted access to
the Project Site for the purposes of exercising their entry and inspection
rights under the Act in respect of Employees covered by this Award.
(b) The parties acknowledge and agree that
the rights of entry and inspection to the Project Site dealt with in this
clause do not extend to rights of entry and inspection in respect of Employees
who are not covered by this Award.
(c) The Union parties to this Award
undertake that they will not authorise their officials who are permitted entry
to the Project Site pursuant to the terms of this clause, to use their entry
onto the Project Site to gain access to THJV employees on the Project Site for
any purpose.
(d) Union officials when arriving at the
Project Site, shall first visit the Project Site office and introduce
themselves to a Management representative of the THJV, before exercising their
rights on the Project Site.
(e) Upon arrival at the Project Site, Union
officials shall:
(i) Produce their right of entry permits,
if required, and observe the Award, the Occupational
Health and Safety Act and Regulations, and other statutory obligations
relating entry to the Project Site.
(ii) Comply with any Project Site safety
requirements, which may include a site safety induction, as directed by the
THJV management representative.
(f) Employers will comply with their
obligation to provide access to employee records when required by a Union
official in accordance with the Act.
(g) Union officials shall produce their
right of entry permits, if required, and observe the Award, the Occupational Health and Safety Act and
Regulations, and other statutory/legislative obligations for entry to the site.
(h) 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 Employer is observing
the terms and conditions of this Award.
(i) 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 Employer by the
Union(s).
(j) Such inspections shall not take place
unless there is a suspected breach of this Award, the Industrial Relations Act 1996 (NSW) or the Workplace Relations Act 1996 (Cth) or other Employer Statutory
requirements.
15.3 Workplace Delegates
(a) 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 then the expression
"delegate" means each and every such delegate so accredited by the
Union in relation to that Employer’s workforce.
The parties
acknowledge that a reasonable approach must be taken in relation to the number
of persons that are recognised as delegates for a particular area of work.
(b) Rights of the Delegate
(i) The rights of delegates referred to in
this clause are restricted to rights in respect of Employees of Employers (as
defined in this Award).
(ii) It the intention of THJV, Employers and
the Union that delegates are engaged - like other Employees - primarily as
construction Employees to perform active construction work. It is not the
intention of the parties that this allows for a designated delegate to work in
a "full time shop steward" role. All Employees, including the
designated delegates, must work as directed by their supervisor. Supervisors
will act consistent with the intent referred to in this clause.
(iii) 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.
(iv) 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.
(v) The delegate shall have the right to
communicate with Employee members of the Union in relation to industrial
matters without impediment by their Employer.
Without limiting the usual meaning of the expression
"impediment", this provision applies to the following conduct by the
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.
(vi) The parties acknowledge this clause does
not limit the right of Employers to reasonably meet their operational
requirements.
(vii) The delegate shall be entitled to represent
Employee members in relation to industrial matters at the workplace, and
without limiting the generality of that entitlement is entitled to be involved
in representing Employee members covered by this Award:
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 covered by this Award;
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.
(viii) In order to assist the delegate to
effectively discharge his or her duties and responsibilities, the delegate
shall be afforded the following rights:
the right to
reasonable communication with other delegates, union officials and management
in relation to industrial matters, where such communication cannot be dealt
with or concluded during normal breaks in work;
at least 10
days paid time off work per annum to attend relevant Union training
courses/forums;
reasonable
paid time off to attend meetings of delegates in the industry, as authorised by
the relevant Union.
(ix) Employers shall provide to the delegates
reasonable access to the following:
a lockable
cabinet for the keeping of records;
access to a
meeting room;
use of the
telephone for legitimate union business;
from existing
resources, and when required access to a word-processor, typewriter, or secretarial
support at the workplace;
a photocopier
or facsimile machine.
(x) Subject to subparagraphs (xi) and (xii)
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 directly affecting Employees at the Project Site at which the
particular delegate is employed.
(xi) In addition delegates will not be
entitled to payment in respect of attendance at a Court or Industrial Tribunal
proceeding if the proceeding in respect of which attendance is required relates
to ongoing industrial action organised, encouraged or engaged in by the
delegate concerned.
(xii) The parties acknowledge that delegates
will not be entitled to payment where the provisions of the Workplace Relations Act 1996 or the Industrial Relations Act 1996 prohibit
such payment.
15.4 Union Membership
(a) Properly accredited officials and
workplace delegates of the Union shall have the right to be provided with
appropriate access to Employees to promote the benefits of willing union
membership. To assist in this process,
subject to the Law, the Employer shall:
(i) If requested by the union, provide
payroll deduction services for union fees.
Such payroll deductions shall only be made where individual Employees
have authorised the deduction in writing by completing the form provided by the
Employer. 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.
(ii) Supply all Employees with a union
application form at the same time as Employees are provided with their taxation
declaration form.
(iii) Provide the union with access to talk to
new Employees at an agreed time.
(iv) Ensure that all supervisors are trained in
the provisions of the Project Award and the Employer’s policy on union
membership.
16.
Australian Content
16.1 The
Construction Manager shall endeavour to maximise Australian content in materials
and construction equipment on the Project where practical and feasible.
17. Protective Clothing
17.1 Employers will
provide their Employees engaged on site with legally produced Australian made
protective clothing and footwear on the following basis:
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on site and will
be replaced on a fair wear and tear provided they are produced to the Employer
as evidence.
(b) Clothing
Two sets of protective clothing (combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year as a result of fair wear and tear and are produced to the
Employer as evidence.
(c) Jackets
Each person, after accumulated employment on site of
152 hours shall be eligible to be issued with warm bluey jacket or equivalent,
which will be replaced once per calendar year on a fair wear and tear basis.
17.2 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.
17.3 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 EBA shall not be
entitled to the provisions of this clause.
17.4 Employers will
consult with the Labor Council of NSW to be provided with a list of Australia
Manufacturers who do not use illegal or exploited labour in the manufacturing
of their work clothes.
17.5 Notwithstanding
anything else contained in this clause all Transport Employees/Contractors will
be supplied with Safety Footwear, 1 set of Clothing and 1 Jacket prior to the
commencement of work at the site.
However the Company does not need to supply the above if the said
Employee/Contractor has been issued with the clothing by the Principal
Contractor within the previous twelve (12) months and the Principal Contractor can substantiate that fact.
18.
Workers Compensation and Insurance Cover
18.1 Employers must
ensure that all persons that they engage to work on the project are covered by
workers compensation insurance.
18.2 THJV 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.
18.3 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.
18.4 Employers must
ensure that they are aware of and will abide by Sections 63 to 69 of the Workers Injury Management and Workers
Compensation Act 1998, which provide that:
(a) The Employer
shall keep a register of injuries /site accident book in a readily accessible
place on site.
(b) All Employees
must enter in the register any injury received by the Employee. The Employer
must be notified of all injuries on site immediately. The employer must notify
the insurer within 48 hours of a significant injury.
(c) An Employer
who receives a claim for compensation, must within seven (7) days of receipt,
forward the claim or documentation, to their insurer.
(d) An Employer
who receives a request from their insurer for further specified information
must within seven (7) days after receipt of the request, furnish the insurer
with the information as is in the possession of the Employer or reasonably
obtained by the Employer.
(e) An Employer who
has received compensation money from an insurer shall forward such money to the
person entitled to the compensation within three (3) working days.
18.5 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.
18.6 The
Employer will also complete the relevant accident notification form and send it
to WorkCover.
19.
Apprentices
19.1 As part of the
Project’s commitment to industry training, a ratio of one apprentice/ trainee
to every four tradespersons within each Employer’s workforce is to be
maintained.
20. Training and Workplace Reform
20.1 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.
21.
Project Death Cover
21.1 In
the event that Employee dies as a consequence of working on the project, THJV
will guarantee the beneficiary of such Employee a payment to an amount to be
agreed by THJV and the parties to this award and confirmed in exchange of
letters between Labor Council and THJV. Such benefit shall be paid within 14
days of the production of appropriate documentation. This payment shall be in
addition to any other entitlement that might be paid to the beneficiary as a
consequence of the death of the employee.
22.
Anti-Discrimination
22.1 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. This
includes discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
22.2 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.
22.3 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.
22.4 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.
22.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
23.
Personal/Carers Leave
23.1 Use
of Sick Leave
(a) An Employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) of subclause 23.1 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
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 opportunity on the
day of absence.
23.2 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 23.1 above who is ill.
23.3 Annual
Leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), to take annual leave not exceeding
five days in single day periods or part thereof, in any calendar year at a time
or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph 23.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under this Award.
(c) An Employee
and Employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave
days are taken.
23.4 Time-off
in Lieu of Payment for Overtime
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph 23.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with paragraph 23.4(a), the Employee shall be
paid overtime rates in accordance with the award.
23.5 Make-up
Time
(a) An Employee
may elect, with the consent of the Employer, to work "make up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award at
the ordinary rate of pay.
(b) An Employee on
shift work may elect, with the consent of the Employer, to work "make up
time" (under which the Employee takes time off ordinary hours and works
those hours at a later time at a later time), at the shift work rate, which
would have been applicable to the hours taken off.
23.6 Rostered
days off
(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.
24. Project RDO &
Leisure Saturday Calendar
24.1 It is recognized
that there is merit in programming no production work on the RDO’s adjacent to
public holiday weekends during the working year. This will allow the Employees
to have quality paid leisure time. As of the first full pay period on or after
01 March 2004, THJV will implement RDO’s and Leisure weekends in accordance
with the RDO and Leisure Saturday Calendar that applies to THJV and employees
of THJV.
This calendar will be adhered to by Unions, Employees
and Employers covered by this Award subject to the following:
(i) Recognition
that operations must maximize production time.
(ii) The parties
agree that it is crucial that the availability of production and plant is at a
maximum level in areas of the calendar where normal work is to occur. The parties
therefore agree that some Employees may be required to work on time regarded as
leisure time in the calendar where an emergency, essential maintenance or
special client needs require. In such circumstances there will be appropriate
consultation and agreement with the relevant Union/s.
(iii) Where
Employees are required to work a Leisure Weekend in these circumstances (as
described at (b) above) the accruals for leisure time of any individual
Employee will be maintained and taken at a time mutually agreeable to the
Employer and the Employee.
25. Leave Reserved
25.1 Union
Demarcations
Any party to this Award may make an application to the
NSW Industrial Relations Commission for the amendment of this Award to include
a procedure to deal with Union demarcation disputes.
25.2 Other Rates and
Allowances
Any party to this Award may make an application to the
NSW Industrial Relations Commission for the amendment of this Award to include
a Safety Incentive and/or Reward Payments clause.
ANNEXURE A
Parties
Part 1
Employers:
All subcontractors engaged by THJV to work on the
project site.
Part 2
Unions:
The Labor Council of New South Wales (The Labor
Council).
Construction Forestry Mining and Energy Union (NSW
Branch).
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division.
Electrical Trades Union of Australia (NSW Branch).
Transport Workers Union of Australia, NSW Branch (TWU).
Automotive Food Metals Engineering Printing &
Kindred Industries Union, NSW Branch (also known as AMWU).
Australian Workers Union, NSW (AWU).
ANNEXURE B
Authority To Obtain From DIMA Details Of Immigration Status
|
I,
|
|
|
(Family name)
|
(Given name(s))
|
|
|
|
|
Date of birth:
|
Nationality:
|
|
|
|
|
Visa number:
|
Passport number:
|
|
|
|
|
authorise the Department of Immigration and Multicultural
Affairs (DIMA) to release by fax to:
|
|
|
|
|
(Name of employer representative)
|
|
|
|
|
|
details of my immigration status and entitlement to work
legally in Australia.
|
|
|
|
|
This information will only be made available to a
representative of a principal contractor and authorised trade
|
|
union officer on request.
|
|
|
|
|
|
I also understand the above-named will only use this
information for the purpose of establishing and verifying
|
|
only my legal entitlement to work in Australia and for no
other purpose.
|
|
|
|
|
Signed:
|
Dated:
|
|
|
|
|
|
|
|
Name of employer:
|
|
|
|
|
|
Phone:
|
Fax:
|
|
|
|
|
|
|
|
Please send or fax this form to:
|
|
|
|
|
|
The Department of Immigration and Multicultural Affairs
|
|
Phone: (02) 9258 4730
|
Fax: (02) 9258 4763
|
ANNEXURE C
Project Milestones
|
First TBM ready to excavate
|
15 September 2003
|
|
|
|
|
Breakthrough by second TBM at Macquarie University Station
|
31 March 2004
|
|
|
|
|
Breakthrough by first TBM at Epping Station
|
15 August 2003
|
|
|
|
|
Completion of backfill to Stage 2 & 3 at Lane Cove Cut
and Cover
|
04 December 2004
|
|
|
|
|
Handover Epping Station shafts to Alstom
|
30 April 2005
|
|
|
|
|
Complete track Epping to M2
|
30 September 2005
|
|
|
|
|
Handover Delhi Road shafts to Alstom
|
31 November 2005
|
|
|
|
|
Macquarie Park handover to PRL
|
31 January 2006
|
|
|
|
|
Complete track Chatswood to M2
|
30 June 2006
|
|
|
|
|
Permanent power supply
|
20 December 2006
|
|
|
|
|
Completion of all commissioning
|
30 June 2007
|
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.