BARCLAY MOWLEM CONSTRUCTION LIMITED - "SALT" OUTRIGGER RESORT
PROJECT AWARD 2003
COMMISSION OF NEW SOUTH WALES
Application by The Master
Builders' Association of New South Wales, industrial organisation of employers.
(No. IRC 5104 of 2003)
Before The Honourable
Justice Walton, Vice-President
6 November 2003
No. Subject Matter
Up/24 Hour Income Protection Insurance
Allowance Payment - Project Milestones
Health, Safety and Rehabilitation (EHS&R)
Health and Safety Plans
Power/Testing and Tagging
& Project Wide specific Disputes
of the Project Delegate
Compensation and Insurance Cover
and Workplace Reform
of Sick Leave
Leave for Family Purpose
in Lieu of Payment for Overtime
Annexure A - Parties
Annexure B - Authority to Obtain from DIMA
Details of Immigration Status
The Parties to this Award acknowledge that enterprise
bargaining is an appropriate way for employers and employees (and their unions)
to settle fair terms and conditions of employment. The Parties acknowledge and agree that the integrity of
enterprise agreements and awards must be maintained.
The Parties also acknowledge that the building industry has
special features, which may require the Parties to enter into agreements
applicable to a particular project.
This Award is intended to supplement existing enterprise agreements and
be a framework document to assist the Employers in management of Project
specific issues. It is recognised that
this Award is not intended to extend the traditional coverage of the Union
Parties nor is it intended to cover works not within the scope of works given
to Barclay Mowlem Constructions Limited on the "Salt" Outrigger
2.1 The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
of forms of work organisation which encourage the use and acquisition of skills
and continual learning.
development of more effective management practices.
development of communication processes, which facilitate participation by all
Employers, Employees and Unions.
of new technology and associated change to enhance productivity.
quality of work.
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
(h) Provision of
high standards of occupational health & safety on the Project.
impact of the Project on the environment.
of this Award, and compliance with all relevant statutory provisions.
(k) Elimination of
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.
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) Adoption of a co-operative and
non-adversarial approach to Industrial Relations issues.
(q) Commitment to positive project outcomes
including completion within Budget.
(r) Commitment to the NSW Government Code
of Practice for the Construction Industry.
"Award" means "Barclay Mowlem Construction
Limited "Salt" Outrigger Resort Project Award 2003" made between
"Builder" means Barclay Mowlem Construction
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means Barclay Mowlem Construction
Limited and/or any subcontractor engaged by Barclay Mowlem Construction Limited
to work on the Project.
"Enterprise Agreement" means an agreement
registered or certified under the Workplace
Relations Act 1996 (Cth), or approved under either the Industrial Relations Act 1996 (NSW) or Queensland Industrial Relations Act 1999.
"EHS&R" means Environment Health Safety and
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Monitoring Committee" means the committee
established under clause 9 of this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Programme Milestones" means the milestones listed
in paragraph 6.3 (b) and varied by the Monitoring Committee from time to time.
"Project" means the construction works contracted
to Barclay Mowlem Construction Limited for the Outrigger Resort located at
"Project Manager" means the Project Manager
appointed by Barclay Mowlem Construction Limited from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and
Safety Act (NSW) 2000.
"Unions" means each of the Unions listed in Part 2 of Annexure A.
4.1 This Award
will only apply to work done on the Project by the Employees for the period the
Employer engages the Employees to work on the Project.
4.2 Where Barclay
Mowlem Construction Limited engages sub-contractor/s to carry out works on the
project, 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
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.
5.1 This Award
shall operate on and from 6 November 2003 and shall continue until 31 December 2004.
6.1 Superannuation and Redundancy
(a) Each Employer
will pay on behalf of each of its employees working on the Project a
superannuation contribution of 9% of the employees ordinary time earnings, or a
minimum of $90 per week whichever is the greater, to the superannuation fund
nominated in the relevant industrial instruments eg C+BUS/BUSQ or such other
scheme approved by the parties. From 1 July 2004 the minimum contribution rate
will increase to $100.00 per week.
(b) Each Employer
will make a redundancy contribution on behalf of each of its employees working
on the Project of not less then $61 per week into ACIRT/BERT or other schemes approved by the parties. Such redundancy
contributions will be off-set against the Employers applicable industrial
(c) The "Superannuation and Redundancy
Scheme" contribution rates for Apprentices are provided for in Clause 19
6.2 Top Up/24 Hour Income Protection
(a) Each Employer
will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with
the U PLUS/CIPSQ scheme or other similar schemes, which are approved by the Parties to this Award.
6.3 Project Productivity/Site Allowance
(i) Subject to
paragraph 6.3(a)(ii) and subclause 6.3(b) the Employer will pay a Project
Productivity / Site Allowance for persons engaged on the project of $1.75 per
hour for each hour worked on the project. This payment does not attract any
penalty or premium.
(ii) Where an
Employer does not have an Enterprise Agreement as defined the Project
Productivity / Site Allowance for those employees shall be $4.00 per hour for
each hour worked on the project. This payment does not attract any penalty or
(iii) The Project
Productivity / Site Allowance shall be in lieu of all Special Rates with the
exception of the following:
(i) Heavy Block
Substances and Toxic Fumes
(iv) Swing Scaffold
Certificate Allowance of $0.20 per hour.
Allowance Payment - Project Milestones
performance payment shall relate to achievements for works completed to Project
(ii) The monthly
reviews will certify the achievement of Project Milestones for the purpose of
entitlement to the payment for works completed.
(iii) In the event
that a Project Milestone is not achieved, the Monitoring Committee shall meet
The reason why the date of the relevant Project
Milestone was not achieved.
The action required catching up to the Project
If payment shall continue for the coming month.
However, if in spite of the parties best efforts, a
Project Milestone is not achieved for two consecutive months and there are not
extenuating circumstances then the Monitoring Committee shall meet to discuss
why that target has not been achieved and how best, time can be made up to
ensure Project Milestone (s) are achieved.
If a Project Milestone Date is not achieved and there
are not extenuating circumstance(s) acceptable to the Monitoring Committee,
then no payment will be made against achievement of that Milestone.
If in the following period(s) work catches up to allow
achievement of the subsequent Project Milestone(s) then a payment shall be made
and shall include payment(s) for the preceding Project Milestone.
The parties agree that the Barclay Mowlem Construction
Limited Project Manager, in conjunction with the Monitoring Committee shall
determine if the identified Milestones for the Project have been achieved.
Salt Outrigger Resort Project Milestones:
Project Milestone No 1: Ground Slabs Complete 07 Nov 03
Project Milestone No 2: Suspended slabs complete 08 April 04
Project Milestone No 3: All buildings weatherproof 19 May 04
Project Milestone No 4: Services commissioning complete 24
Project Milestone No 5: Practical Completion 04 Oct 04
Environment, Health, Safety and Rehabilitation (EHS&R)
All Employees must attend an agreed EHS&R site
induction course on commencement of engagement on site.
Health and Safety Plans
(a) All Employers
must submit an environment, health safety and rehabilitation management
plan. These plans should include
assessment of their works;
identification, prevention and control;
(iii) planning and
re-planning for a safe working environment;
(iv) industry and
trade specific induction of Employees;
performance and improvement of work methods;
(vi) reporting of
EHS&R meetings, inspections and audits of the
7.3 The Safety Committee
(a) The Safety
Committee will be properly constituted with an agreed constitution. All members of the safety committee will
undertake agreed Occupational Health and Safety training with Comet Training or
other agreed providers.
7.4 Safety Procedures
(a) The Parties
acknowledge and agree that all Parties are committed to safe working
(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.
(d) Where an
unsafe condition has been agreed by the Safety Committee, corrective action
will be implemented immediately. Works will not recommence in this area until
the rectification works have been accepted, by both the Safety Committee and
the Project Manager.
disagreement as to the proper rectification of an unsafe condition shall be
referred to a Work Cover Inspector whose determination shall be binding on all
No person will be engaged on site unless he/she has
completed the WorkCover NSW Accredited OH&S
Industry Induction Course.
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 an agreed appropriate authority
will be contacted to assess the qualifications of the relevant employee.
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
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.
and Project Wide Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employees or their representative
Union, in the absence of an "Enterprise Agreement" provision, the
following procedure will be adopted:
between those directly affected;
between site management representatives of the Employer and the Union delegate;
between site management representatives of the Employer and the Union
between senior management of the Employer, Barclay Mowlem Construction Limited
and the appropriate Union official;
between the Secretary of the relevant Union (or nominee) and senior
representatives of Barclay Mowlem Construction Limited (or nominee);
(f) If the
dispute is not resolved after step (e), parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to it’s powers set out in the Industrial
Relations Act 1996 (NSW).
(g) Work shall
continue without interruption or dislocation during discussion and negotiations concerning the dispute.
In the event that a dispute arises which cannot be resolved
between the relevant Unions, the Unions agree to the following dispute settling
(a) Work shall
continue without interruption or dislocation during discussion and resolution
between the Labor Council of New South Wales and the Unions to try to resolve
(c) If the dispute
is not resolved after step (b), either Union may notify the dispute to the
Industrial Relations Commission of New South Wales and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations Act
9. Monitoring Committee
9.1 The Parties
will establish a committee to monitor the implementation of this Award.
Monitoring Committee if established will meet at the commencement of
construction and then at three monthly intervals or as required during
construction on the Project.
9.3 The Monitoring
Committee will consider ways in which the aims and objectives of this Award can
be enhanced, which may include, but not be limited to discussion of:
towards and achievement of set project milestones.
more flexible ways of working.
occupational, health and safety.
with Award and other statutory requirements by employers; and
and composition of the Monitoring Committee
9.4 If the
principles of this Award are not being followed, the Committee will develop a plan
in consultation with the Parties, to implement the intent of the Award.
10. Productivity Initiatives
(a) The Parties to
this Award will collectively proceed towards the minimisation of lost time due
to inclement weather.
(b) Further, the
Parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather.
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful work is available in that area or site
and that work is within the scope of the Employee’s skill, competence and
training consistent with the relevant classification structures (provided that
the Employer shall provide transport to such unaffected area where necessary).
(iii) Where the
initiatives described in (b) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project.
(iv) All Parties are
committed to an early resumption of work following any cessation of work due to
(v) The Parties
agree the practice of "one out, all out" will
10.2 Rostered Days Off
implementation of Rostered Days Off (RDOs) is set down in clause 24. The
purpose which is to:
(i) increase the
quality of working life for Employees; and
(ii) increase the
productivity of the Project.
(b) 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.
(a) The Parties
agree that crib and lunch breaks may be staggered for Employees so that work
does not cease during crib and lunch.
There will be no unreasonable interruption of the comfort of employees
having lunch with the amenities to be maintained in a clean and hygienic state
at all times.
10.4 Hours of Work
(a) Ordinary hours
of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to
Friday. However, ordinary hours may
commence from 5.00am by agreement between the Employer,
Employee and relevant Union.
11. Immigration Compliance
11.1 The Parties are
committed to compliance with Australian immigration laws so as to ensure
maximum work opportunities for unemployed permanent residents and Australian
citizens. Employers will be advised by
Barclay Mowlem Construction Limited of the importance of immigration
compliance. Where there is concern that illegal immigrants are being engaged by
an employer on the Project, Barclay Mowlem Construction Limited will act
decisively to ensure compliance.
11.2 Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorization
form attached to this Award as per Appendix B will assist in providing evidence of the employee’s legal status.
12. Long Service Compliance
If applicable, and 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 with the NSW Long Service Payments Corporation. All Employers (if applicable) engaged on
site will be registered as employers in accordance with the NSW Building and Construction Industry Long
Service Payments Act and will strictly comply with their obligations.
13. No Extra Claims
The Parties agree that they will not pursue extra claims in
respect of matters covered by this Award (including but not limited to any
claim for a disability allowance) during the term of this Award.
14. No Precedent
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
The Parties to this award acknowledge the right of employees
to be active union members and respect the right of the union to organize and
recruit employees. The Parties to this award also acknowledge that good communication
between the union official, the delegate and its members is an important
mechanism in assisting the parties to resolve grievances and disputes in a timely fashion.
15.1 Visiting Union Officials
(a) Union officials (party to this Award)
shall when arriving onsite, shall call at the site office and introduce
themselves to the Barclay Mowlem Project Manager prior to pursuing their union
(b) Union officials shall produce their
right of entry permits, if required, and observe the relevant Building Awards,
the Occupational Health and Safety Act
and Regulations, and other statutory/legislative obligations for entry to the
(c) Union officials with the appropriate
credentials shall be entitled to inspect all such wage records, other payment
records and related documentation necessary to ensure that the Employers are
observing the terms and conditions of this Award.
(d) All such wages books and other payment
records shall be made available within 48 hours on site or at another convenient,
appropriate place, provided the Union gives notice to the Employers and the
(e) Such inspections shall not take place
unless there is a suspected breach of this Award, other appropriate Building
Awards, Enterprise Agreements, the Industrial
Relations Act 1996 (NSW), or other Employer Statutory requirements.
(f) Where it is felt necessary by an
officer of the union to call a meeting of union members, the Company will be
advised prior to doing so and a mutually agreeable meeting time shall be
15.2 Rights of the Project Delegate
In this clause
the expression "delegate" means a employee who is the accredited
representative of the union on the Project.
(a) The Parties acknowledge it is the sole
right of the Project workforce to elect the Project Delegate, who shall be
recognised as the authorised representative of the Unions in respect of the
(b) The Project Delegate shall have the
right to approach or be approached by any Employee of an Employer to discuss
industrial matters with that Employee during normal working hours.
(c) The Project Delegate shall have the
right to communicate with the Project workforce in relation to industrial
matters without impediment by an Employer.
Without limiting the usual meaning of the expression
"impediment", this provision applies to the following conduct by an
(i) moving the Project Delegate to a
workplace or work situation which prevents or significantly impedes
communication with the Project workforce;
(ii) changing the Project Delegate’s shifts
or rosters so that communication with Employees is prevented or significantly
(iii) disrupting duly organised meetings.
(d) The Project Delegate shall be entitled
to represent the Project workforce in relation to industrial matters on the
Project, and without limiting the generality of that entitlement is entitled to
be involved in representing the Project workforce:
(i) the introduction of new technology on
the Project and other forms of workplace change;
(ii) career path, reclassification, training
issues; and to initiate discussions and negotiations on any other matters
affecting the employment of the Employees;
(iii) ensuring that Employees on the Project
are paid their correct wages, allowances and other lawful entitlements;
(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
to effectively discharge his or her duties and responsibilities, the Project
Delegate shall be afforded the following rights:
(i) 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.
(f) There shall be no deduction to wages
where the union requires a delegate to attend any Court or Industrial Tribunal
proceedings relating to industrial matters at the workplace impacting on
15.3 Union Membership
accredited officials and workplace representatives of the union shall have the
right to be provided with appropriate access to employees to promote the
benefits of union membership. To assist in this process the Employer shall:
(a) Supply all employees with a union
application form at the same time as new employees are provided with their
taxation declaration form.
(b) Encourage all current and future
employees to join and remain members of the Unions party to this agreement.
(c) If requested by the Union and authorised
by the Employee, provide Payroll Deduction Services for Union fees. Such fees
shall be remitted to the Union on a regular agreed basis with enough
information supplied to enable the Union to carry out reconciliation.
this clause shall be contrary to the relevant legislation.
16. Australian Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
17. Protective Clothing
17.1 Unless provided
for in an Employers "Enterprise Agreement" , 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
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.
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.
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 on 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, EBA, or relevant industrial
instrument shall not be entitled to the provisions of this clause.
17.4 Employers will
consult with the CFMEU to be provided with a list of Australia Manufacturers
who do not use illegal or exploited labour in the manufacturing of their work
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 Barclay Mowlem
Construction Limited 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
Employer will also complete the relevant accident notification form and send it
19.1 As part of the
Project’s commitment to industry training, a ratio of one apprentice/ trainee
to every five tradespersons within each Employer’s workforce is to be
19.2 The Parties acknowledge for Apprentices
the superannuation contribution rate is 9% of ordinary time earnings, which
shall be made to the superannuation fund nominated in the relevant industrial
instruments being C+BUS/BUSSQ or other schemes approved by the Parties.
19.3 The minimum contribution rates for
Apprentices into ACIRT or BERT or other schemes approved by the parties will be
$15.00 per week
$30.00 per week
$45.00 per week
$61.00 per week
All the above
rates will remain fixed for the life of this Project Award
20. 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
21. Project Death Cover
Barclay Mowlem Construction Limited will guarantee the legal
beneficiary of any employee who dies as a consequence of working on the project
will be paid a death benefit of $25,000.
Such benefit shall be paid within fourteen (14) days of the production
of appropriate documentation. This payment shall be in addition to any other
entitlement that might be paid to the beneficiary as a consequence of the death
of the employee.
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
includes discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
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.
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.
in this clause is to be taken to affect:
conduct or act which is specifically exempted from anti-discrimination
or providing junior rates of pay to persons under 21 years of age;
act or practice of a body established to propagate religion which is exempted
56(d) of the Anti-Discrimination Act 1977;
party to this Award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
This clause does not create legal rights or
obligations in addition to those imposed upon the parties by legislation
referred to in this clause.
of Sick Leave
(a) An Employee,
other than a casual employee, with responsibilities in relation to a class of
persons 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
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
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.
Leave for Family Purpose
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 persons set out
in 23.1(c)(ii) above who is ill.
(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.
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
(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.
(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.
(a) An Employee
may elect, with the consent of the Employer, to take a rostered day off at any
(b) An Employee
may elect, with the consent of the Employer, to take rostered days off in part
(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.
Project Close-Down Calendar
For the purposes of this Award the Parties agree that the
following calendar will be adopted for the Project. The calendar has been produced with a view to maximising quality
leisure time off for all employees.
Accordingly, the Parties agree that on certain weekends (as set out in
the Calendar), no work shall be carried out.
Provided, however, where there is an emergency or special
client need, work can be undertaken on the weekends and adjacent 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
Site Calendar 2003
Labour Day Public Holiday
December/January to be determined at site level.
Site Calendar 2004
Australia Day Public Holiday
Good Friday Public Holiday
Easter Monday Public Holiday
Anzac gazetted holiday
Queens Birthday Public Holiday
Labor Day Public Holiday
Union Picnic Day
RDO (if applicable)
Barclay Mowlem Construction Limited
Contractors engaged to undertake works on the Project.
The Tweed Heads & North Coast Building Trades Group
Construction Forestry Mining and Energy Union (Construction
& General Division) New South Wales Divisional Branch
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Electrical Trades Union of Australia (NSW Branch)
Automotive Food Metals Engineering Printing &
Kindred Industries Union (also known as AMWU)
Authority to obtain from DIMA details of immigration status
Date of birth:
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
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.
Name of employer:
Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: (02) 9258 4730
Fax: (02) 9258 4763
M. J. WALTON J, Vice-President.
the authority of the Industrial Registrar.