LABOR COUNCIL OF NEW SOUTH
WALES & BARCLAY MOWLEM CONSTRUCTION LIMITED - CITY QUARTER STAGE 3:
CAMPERDOWN, NSW PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Bovis Lend
Lease Pty Limited
(No. IRC 3896 of 2003)
Before The Honourable
Justice Walton, Vice-President
|
18 August 2003
|
AWARD
1.
Arrangement
Clause No. Subject Matter
1. Arrangement
2. Objectives
3. Definitions
4. Application
5. Duration
6. Industry
Standard
6.1 Superannuation and Redundancy
6.2 Top Up/24 Hour Income Protection Insurance
6.3 Project/Site Productivity Allowance
6.4 Transport Drivers
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.2 Environment, Health and Safety Plans
7.3 The Safety Committee
7.4 Safety Procedures
7.5 OH&S Industry Induction
7.6 Formwork Safety
7.7 Temporary Power/Testing and Tagging
7.8 Crane Safety
8. Dispute
Resolution
8.1 Employer & Project Wide Specific Disputes
8.2 Demarcation Disputes
8.3 Procedures to prevent Disputes Regarding Non- Compliance
9. Monitoring
Committee
10. Productivity
Initiative
10.1 Learning Initiatives
10.2 Inclement Weather
10.3 Rostered Days Off
10.4 Maximising Working Time
10.5 Hours of Work
11. Immigration
Compliance
12. Long Service
Compliance
13. No Extra
Claims
14. No
Precedent
15. Single
Bargaining Unit
16. Union
Rights
16.1 Visiting Union Officials
16.2 Project Delegate/s
16.3 Union Membership
17. Australian
Content
18. Protective
Clothing
19. Workers
Compensation and Insurance Cover
20. Apprentices
21. Training
and Workplace Reform
22. Project
Death Cover
23. Anti-Discrimination
24. Personal/Carers
Leave
24.1 Use of Sick Leave
24.2 Unpaid Leave for Family Purpose
24.3 Annual Leave
24.4 Time-off in Lieu of Payment for Overtime
24.5 Make-up Time
24.6 Rostered Days Off
25. Project
Close-Down Calendar
Annexure A
Annexure B
2.
Objectives
2.1 The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued
development of communication processes, which facilitate participation by all
Employers, Employees and Unions
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased
scope of 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) Encourage all employers to have
Enterprise Agreements with the relevant union or unions.
3. Definitions
"Award" means this Name of Award made between the
Parties.
"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 subcontractors engaged to work on the Project.
"Enterprise Agreement" means an agreement
registered or certified under the Workplace Relations Act 1996 (CTH) or
approved under the Industrial Relations Act 1996 (NSW).
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Monitoring Committee" means the committee
established under clause 9 of this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"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 Clause 6.3 (b) (ix) and varied by the Monitoring Committee from time to
time.
"Project" means the construction works contracted
to Barclay Mowlem Construction Limited at 2 - 50 Pyrmont Bridge Road,
Camperdown
"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 2000.
"T.E.T.A" means Transport Education Training
Australia.
"Unions" means each of the Unions listed in Part 2 of Annexure A.
4. Application
4.1 This Award
will apply to work done on the Project by the Employees for the period the
Employer engages the Employees to work on the Project.
4.2 Where 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
project award.
4.3 The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for subcontractor/s work on this Project.
4.4 This
Award is generally intended to supplement and co-exist within the terms of
existing Enterprise Agreements and Awards and 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.
Duration
5.1 This Award
Shall Operate on and from 30th May 2003 until Practical Completion
6.
Industry Standards
6.1 Superannuation and Redundancy
(a) The Parties
acknowledge that a contribution of
$90.00 per week or 9% of ordinary time earnings (whichever is the
greater) for employees 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.
(b) The Employers
will make a contribution of $61 per week for employees into ACIRT or MERT or
other schemes approved by the parties.
(c) The "Superannuation and Redundancy
Scheme" contribution rates for Apprentices are provided for in Clause 20
Apprentices.
6.2 Top Up/24 Hour Income Protection
Insurance
(a) Each Employer
will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with
the CTAS scheme or other similar schemes, which are approved by the parties to this Award.
6.3 Project Productivity/Site Allowance
(a) Subject to
subclause 6.3(b)(i) the Employer will pay a Project Productivity/Site Allowance
for persons engaged on the project of $ 2.75 per hour for each hour worked on
the Project. This payment does not
attract any penalty or premium. Further, the Project Productivity/Site
Allowance payment is in addition to a Company productivity allowance found in
the employers "Enterprise Agreement", except where the Employers
"Enterprise Agreement" absorbs the payment of any applicable
"Project Productivity/Site Allowances".
(b) Productivity
Allowance Payment - Project Milestones
(i) the
performance payment shall relate to achievements for works completed to Project
Milestones.
(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
to determine:
1. The reason
why the date of the relevant Project Milestone was not achieved.
2. The action
required catching up to the Project Milestone.
3. If payment
shall continue for the coming month.
(iv) 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.
(v) 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.
(vi) 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.
(vii) 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.
(viii) Project
Productivity Allowance Payment Application Matrix
Type Of Activity
|
Productivity
Incentive Payment
|
|
Payable For
|
Productive Work
|
Payable
|
Sick Leave
|
Not Payable
|
Annual Leave
|
Not Payable
|
Public Holidays
|
Not Payable
|
Rostered Days Off
|
Payable
|
Approved Training
|
Payable
|
Jury Duty
|
Not Payable
|
Bereavement Leave
|
Not Payable
|
Inclement Weather
|
Not Payable
|
Any other Paid Downtime
|
Not Payable
|
(ix) The City
Quarter Stage 3 Project Milestones:
Project Milestone No 1: Prototype Unit Milestone
Completion Date 25 June 2003
Project Milestone No 2: Roof Sheeting Milestone
Completion Date 28 June 2003
Project Milestone No 3: Scaffold Removal Milestone
Completion Date 25 July 2003
Project Milestone No 4: Carpet Milestone Completion
Date 13 September 2003
Project Milestone No 5: Complete Landscaping Milestone
Completion Date 9th August 2003
Project Milestone No 6: Project Completion Stage 1 and
2 Milestone Completion Date 24 October 2003
6.4 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 Project productivity
allowance, provided that the driver has had a regular involvement of two (2)
hours or more on any day with the project.
(b) Contract
Carrier
The Parties agree that all Contract Carriers involved
in the Transport Industry shall be paid the rates of pay applicable under the
Transport Industry Excavated Materials Contract Determination for the cartage
of materials to, on and from the site.
(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.
7. Environment, Health, Safety and Rehabilitation
(Ehs&R)
7.1 Induction
(a) All Employees
must attend an agreed EHS&R site induction course on commencement of
engagement on site.
(b) The Parties
recognise the EHS&R induction training provided by T.E.T.A. for casual and
permanent transport workers who fall within the scope of the award.
7.2 Environment, Health and Safety Plans
(a) All Employers
must submit an environment, health safety and rehabilitation management
plan. These plans should include
evidence of:
(i) risk assessment
of their works;
(ii) hazard
identification, prevention and control;
(iii) planning and
re-planning for a safe working environment;
(iv) industry and
trade specific induction of Employees;
(v) monitoring
performance and improvement of work methods;
(vi) reporting of
all incidents/accidents;
(vii) compliance
verification; and
(viii) Regular
EHS&R meetings, inspections and audits of the
Project.
7.3 The Safety Committee
(a) The Safety
Committee will be properly constituted with an agreed constitution. All members of the safety committee will
undertake agreed Occupational Health and Safety training with Comet Training or
other agreed providers.
7.4 Safety Procedures
(a) The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
(b) If the Project
Manager or the Safety Committee is of the opinion that an Employee or Employer
has committed a serious breach of either the Environment Health and Safety
Policy or the relevant safety management plan (or any other agreed safe working
procedures), the Project Manager (or the Project Manager on recommendation from
the Safety Committee) will implement disciplinary action against the Employer
or Employee which may include taking all steps required to remove the Employer
or Employee from the Project.
(c) The Parties
agree that pursuant to the Code of Practice, in the event that an unsafe
condition exists, work is to continue in all areas not affected by that
condition and those employers may direct employees to move to a safe place of
work. No employee will be required to
work in any unsafe area or situation.
7.5 OH&S
Industry Induction
No person will be engaged on site unless he/she has
completed the WorkCover NSW Accredited OH&S
Industry Induction Course.
7.6 Formwork
Safety
All persons engaged on the erection or
dismantling of formwork will have the relevant WorkCover Formwork Certificate
of Competency. Where an employee does
not have a Certificate of Competency Comet or an agreed appropriate authority
will be contacted to assess the qualifications of the relevant employee.
7.7 Temporary
Power/Testing and Tagging
In order to maintain the highest standards
of safety in regard to the use of electricity during construction, it is agreed
that the temporary installation is installed strictly in accordance with AS
3012 (1995). All work is to be carried
out by qualified electrical tradesperson.
Testing and tagging is to be carried out only by qualified electrical
tradesperson.
7.8 Crane
Safety
No mobile crane will be allowed on the
project site unless it has been certified by Cranesafe Australia (New South
Wales) or another accredited body. Such
cranes will be required to display their current "Accredited" inspection label.
8.
Dispute Resolution
One of the aims of this Award is to eliminate lost time in
the event of a dispute and to achieve prompt resolution of any dispute.
8.1 Employer
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:
Discussion between those directly affected;
(a) Discussion
between site management representatives of the Employer and the Union delegate;
(b) Discussion
between site management representatives of the Employer and the Union
organiser;
(c) Discussion
between senior management of the Employer, Barclay Mowlem Construction Limited
and the appropriate Union official;
(d) Discussion
between the Secretary of the relevant Union (or nominee) and Barclay Mowlem
Construction Limited NSW Operations Manager (or nominee);
(e) 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).
(f) Work shall
continue without interruption or dislocation during discussion and negotiations concerning the dispute.
8.2 Demarcation
Disputes
In the event that a dispute arises which cannot be
resolved between the relevant Unions, the Unions agree to the following dispute
settling procedure:
(a) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes.
(b) Discussion
between the Labor Council of New South Wales and the Unions to try to resolve
the dispute.
(c) If the dispute
is not resolved after step (b), either Union may notify the dispute to the
Industrial Relations Commission of New South Wales and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations Act 1996 (NSW).
8.3 Procedures to prevent Disputes Regarding
Non- Compliance
(a) Barclay Mowlem Construction Limited in
association with the accredited site union delegate will check monthly payments
of subcontractors’ companies engaged on site superannuation, redundancy and
extra insurance to ensure payments for employees have been made as
required. The Barclay Mowlem
Construction Limited and site delegate shall also check that employers have not
introduced arrangements such as and not limited to ‘all-in’ payment and or
‘cash-in-hand’ payments, (i.e. a payments designed to avoid tax and other
statutory obligations and sham subcontract arrangements). Where such practices are identified Barclay
Mowlem Construction Limited will take immediate steps to ensure that any such
arrangements are rectified and that any Employee affected by any such arrangement
receives all statutory entitlements.
(b) Each subcontractor engaged on site will
be specifically advised and monitored in respect of payroll tax and required to
comply with their lawful obligations.
(c) When an employer receives a statement
pursuant to Section 127(3) of the Industrial Relations Act of NSW they shall
provide on request the union delegate on site with a copy of such statement
within 7 days.
(d) The union delegate or union official
shall advise Barclay Mowlem Construction Limited 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 this clause.
9. Monitoring Committee
9.1 The Parties
may establish a committee to monitor the implementation of this Award.
9.2 This
Monitoring Committee if established will meet at the commencement of
construction and then at monthly intervals or as required during construction
on the Project.
9.3 The Monitoring
Committee will consider ways in which the aims and objectives of this Award can
be enhanced, which may include, but not be limited to discussion of:
(a) developing
more flexible ways of working;
(b) enhancing
occupational, health and safety;
(c) productivity
plans, and
(d) Compliance
with Award and other statutory requirements by employers.
9.4 If the
principles of this Award are not being followed, the Committee will develop a
plan in consultation with the Parties, to implement the intent of the Award.
10. Productivity Initiatives
10.1 Learning Initiatives
Each Employer shall be required to demonstrate to
Barclay Mowlem Construction Limited implementation of commitment to skill
enhancement and workplace reform while working on the
Project.
10.2 Inclement Weather
(a) The Parties to
this Award will collectively proceed towards the minimisation of lost time due
to inclement weather.
(b) Further, the
Parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful work is available in that area or site
and that work is within the scope of the Employee’s skill, competence and
training consistent with the relevant classification structures (provided that
the Employer shall provide transport to such unaffected area where necessary);
(iii) Where the
initiatives described in (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
inclement weather;
(v) The Parties
agree the practice of "one out, all out" will
not occur.
10.3 Rostered Days Off
(a) Subject to Sub
Clause 24.6 a procedure for the implementation of Rostered Days Off (RDO's)
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
RDO's will be prepared, following consultation with the workforce and parties
to this Award.
(c) Records of
each Employee’s RDO accruals will be recorded on the employees pay slip and
copies made available to the Employee, the Employee’s delegate or union official
upon request. It is acknowledged that different arrangements in relation to the
banking of RDO's may apply to members of the CEPU.
(d) Where
practicable, Saturday work prior to the published industry
RDO's will not be worked.
10.4 Maximising Working Time
(a) The Parties
agree that crib and lunch breaks may be staggered for Employees so that work
does not cease during crib and lunch.
There will be no unreasonable interruption of the comfort of employees
having lunch with the amenities to be maintained in a clean and hygienic state
at all times.
10.5 Hours of Work
(a) Ordinary hours
of work shall be 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 Annexure 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
and conditions.
15. Single Bargaining Unit
This Award was negotiated by the Labor Council of New South
Wales on behalf of the Unions and by Barclay Mowlem Construction Limited in its
own right and on behalf of the Employers.
16. Union Rights
The Parties to this award acknowledge the right of employees
to be active union members and respect the right of the union to 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.
16.1 Visiting Union Officials
(a) Where practicable, Union officials
(party to this Award) when arriving onsite, shall call at the site office and
introduce themselves to a Management representative of the Employer, prior to
pursuing their union duties.
(b) Union officials shall produce their
right of entry permits, if required, and observe the relevant Building Awards,
the Occupational Health and Safety Act and Regulations, and other
statutory/legislative obligations for entry to the site.
(c) Union officials with the appropriate
credentials shall be entitled to inspect all such wage records, other payment
records and related documentation necessary to ensure that the Employers are
observing the terms and conditions of this Award.
(d) All such wages books and other payment
records shall be made available within 48 hours on site or at another
convenient, appropriate place, provided the Union gives notice to the Employers
and the Project Manager.
(e) Such inspections shall not take place
unless there is a suspected breach of this Award, other appropriate Building
Awards, Enterprise Agreements, the Industrial Relations Act 1996 (NSW),
or other Employer Statutory requirements
16.2 Project Delegate/s
Parties to
this Award recognise that the Project workforce will elect a Project Delegate/s
who shall be the principal spokespersons for the Project workforce.
(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
Project.
(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 Employer:
(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
impeded;
(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;
(ii) At least 10 days paid time off work to
attend relevant Union training courses/forums.
(f) The Employer of the Project Delegate
shall provide to the Project Delegate the following:
(i) A lockable cabinet for the keeping of
records;
(ii) A lockable notice board for the
placement of Union notices at the discretion of the Project Delegate;
(iii) Where practicable, and if agreed to, a
Project Delegate office;
(iv) Where a Project Delegate office is not
practicable, access to a meeting room;
(v) Use of the telephone for legitimate union
business associated with the Project;
(vi) From existing resources, and when required
for legitimate union Project related business, access to a word-processor,
typewriter, a photocopier, facsimile machine and e-mail.
(g) 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
employees.
16.3 Union Membership
To assist
properly accredited officials and workplace representatives of the union shall
have the right to be provided with appropriate access to employees to promote
the benefits of union membership. To assist in this process the company shall:
(a) Encourage all current and future employees
to join and remain members of the union party to this Agreement.
(b) Supply all employees with a union
application form at the same time as new employees are provided with their
taxation declaration form.
(c) Provide the union access to new employees
at induction training.
17. Australian Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
and feasible.
18. Protective Clothing
18.1 Employers will
provide their Employees engaged on site with legally produced Australian made
protective clothing and footwear on the following basis:
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on site and will
be replaced on a fair wear and tear provided they are produced to the Employer
as evidence.
(b) Clothing
Two sets of protective clothing (combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year as a result of fair wear and tear and are produced to the
Employer as evidence.
(c) Jackets
Each person, after accumulated employment on site of 152
hours shall be eligible to be issued with warm bluey jacket or equivalent,
which will be replaced once per calendar year on a fair wear and tear basis.
18.2 In
circumstances where any Employee(s) of Employers are transferred to the project
from another Project where an issue of equivalent clothing was made, then such
Employee shall not be entitled to an issue to this Project until the expiry of
the calendar year or on a fair wear and tear basis.
18.3 Employees who
receive from their Employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the Employer’s policy or relevant industrial
instrument shall not be entitled to the provisions of this clause.
18.4 Employers will
consult with the Labor Council of 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.
18.5 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.
19.
Workers Compensation and Insurance Cover
19.1 Employers must
ensure that all persons that they engage to work on the project are covered by
workers compensation insurance.
19.2 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.
19.3 Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers compensation:
(a) All Employees
will report injuries to the project first aider and their supervisor at the
earliest possible time after the injury.
(b) All Employees
will comply with the requirements for making a workers compensation claim,
including the provision of a WorkCover medical certificate, at the earliest possible
time after the injury. This information
will also be supplied to the project first aid officer, and their supervisor.
(c) In cases where
the Employee is unable to comply with the above, the relevant employer will
assist in fulfilling requirements for making a claim.
19.4 Employers must
ensure that they are aware of and will abide by Sections 63 to 69 of the
Workers Injury Management and Workers Compensation Act 1998, which
provide that:
(a) The Employer
shall keep a register of injuries /site accident book in a readily accessible
place on site;
(b) All Employees
must enter in the register any injury received by the Employee. The Employer
must be notified of all injuries on site immediately. The employer must notify
the insurer within 48 hours of a significant injury;
(c) An Employer
who receives a claim for compensation, must within seven (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;
19.5 Where there has
been a serious incident and/or accident which has resulted in a serious injury
or loss of life the employer shall notify the relevant union
immediately.
19.6 The
Employer will also complete the relevant accident notification form and send it
to WorkCover.
20.
Apprentices
20.1 As part of the
Project’s commitment to industry training, a ratio of one apprentice/ trainee
to every five tradespersons within each
Employer’s workforce is to be maintained.
20.2 The Parties acknowledge for Apprentices
the superannuation contribution rate is 9% of ordinary time earnings. To 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.
20.3 Unless otherwise prescribed in an Employers "Enterprise Agreement"
the minimum contribution rates for Apprentices into ACIRT or MERT or other
schemes approved by the parties will be as follows:
1st Year $11.00 per week
2nd Year $21.00 per week
3rd Year$31.00
per week
4th Year$36.00
per week
All the above rates
will remain fixed for the life of this Project Award
21. Training and Workplace Reform
The Parties are committed to achieving improvements in
productivity and innovation through cooperation and reform. Employers are expected to demonstrate their
commitment to develop a more highly skilled workforce by providing their
Employees with career opportunities through appropriate access to training and
removing any barriers to the use of skills acquired.
22. 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.
23.
Anti-Discrimination
23.1 It
is the intention of the parties bound by this Award to seek to achieve the
object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace.
23.2 This
includes discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
23.3 It
follows that in fulfilling their obligations under the dispute resolution
procedure prescribed by this Award, the parties have obligations to take all
reasonable steps to ensure that the operation of the provisions of this Award
are not directly or indirectly discriminatory in their effects. It will be consistent with fulfilment of
these obligations for the parties to make application to vary any provision of
the Award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
23.4 Under
the Anti-Discrimination Act 1977, it is unlawful to victimise an
Employee because the Employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
23.5 Nothing
in this clause is to be taken to affect:
(a) Any
conduct or act which is specifically exempted from anti-discrimination
legislation;
(b) Offering
or providing junior rates of pay to persons under 21 years of age;
(c) Any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1977;
(d) A
party to this Award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
This clause does not create legal rights or
obligations in addition to those imposed upon the parties by legislation
referred to in this clause.
24.
Personal/Carers Leave
24.1 Use
of Sick Leave
(a) An Employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in clause 24.1 (c)(ii) who needs the Employee’s care and
support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, for absences to provide care and
support, for such persons when they are ill.
Such leave may be taken for part of a single day.
(b) The Employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an Employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(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.
24.2 Unpaid
Leave for Family Purpose
(a) An Employee may elect, with the consent
of the Employer, to take unpaid leave for the purpose of providing care and support
to a member of a class of person set out in 24.1 (c)(ii) above who is ill.
24.3 Annual
Leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays
Act 1944 (NSW), to take annual leave not exceeding five days in single
day periods or part thereof, in any calendar year at a time or times agreed by
the parties.
(b) Access to
annual leave, as prescribed in paragraph 24.3(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.
24.4 Time-off
in Lieu of Payment for Overtime
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within 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 24.4(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 24.4(a), the Employee shall be
paid overtime rates in accordance with the award.
24.5 Make-up
Time
(a) An Employee
may elect, with the consent of the Employer, to work "make up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award at
the ordinary rate of pay.
(b) An Employee on
shift work may elect, with the consent of the Employer, to work "make up
time" (under which the Employee takes time off ordinary hours and works
those hours at a later time at a later time), at the shift work rate, which
would have been applicable to the hours taken off.
24.6 Rostered
days off
(a) An Employee
may elect, with the consent of the Employer, to take a rostered day off at any
time.
(b) An Employee
may elect, with the consent of the Employer, to take rostered days off in part
day amounts.
(c) An Employee
may elect, with the consent of the Employer, to accrue some or all-rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the Employer and Employee, or subject to reasonable notice by
the Employee or the Employer.
(d) This subclause
is subject to the Employer informing each Union which is both party to the
Award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the Unions to participate in
negotiations.
25.
Project Close-Down Calendar
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 delegate).
Site Calendar 2003
Saturday
|
October 4
|
|
Sunday
|
October 5
|
|
Monday
|
October 6
|
Labour Day Public Holiday
|
Tuesday
|
October 7
|
RDO
|
|
|
|
Saturday
|
November 29
|
|
Sunday
|
November 30
|
|
Monday
|
December 1
|
Picnic Day
|
Tuesday
|
December 2
|
RDO
|
|
Christmas/New Year
|
December/January to be determined at site level.
|
Site Calendar 2004
Saturday
|
January 24
|
|
Sunday
|
January 25
|
|
Monday
|
January 26
|
Australia Day Public Holiday
|
Tuesday
|
January 27
|
RDO
|
|
|
|
Friday
|
April 9
|
Good Friday Public Holiday
|
Saturday
|
April 10
|
|
Sunday
|
April 11
|
Easter Sunday
|
Monday
|
April 12
|
Easter Monday Public Holiday
|
Tuesday
|
April 13
|
RDO
|
|
|
|
Saturday
|
April 25
|
|
Sunday
|
April 26
|
|
Monday
|
April 27
|
Anzac gazetted holiday
|
Tuesday
|
April 28
|
RDO
|
|
|
|
Saturday
|
June 12
|
|
Sunday
|
June 13
|
|
Monday
|
June 14
|
Queens Birthday Public Holiday
|
Tuesday
|
June 15
|
RDO
|
|
|
|
Saturday
|
October 2
|
|
Sunday
|
October 3
|
|
Monday
|
October 4
|
Labor Day Public Holiday
|
Tuesday
|
October 5
|
RDO
|
|
|
|
Saturday
|
December 4
|
|
Sunday
|
December 5
|
|
Monday
|
December 6
|
Union Picnic Day
|
Tuesday
|
December 7
|
RDO (if applicable)
|
ANNEXURE A (Parties)
Part 1
Employers:
Barclay Mowlem Construction Limited and any subcontractors
engaged to work on the project.
Part 2
Unions:
The Labor Council of New South Wales (The Labor
Council)
Construction Forestry Mining and Energy Union New South
Wales Branch
Communication Electrical Electronic Energy Information Postal
Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Electrical Trades Union of Australia (NSW Branch)
Transport Workers Union (TWU)
Automotive Food Metals Engineering Printing &
Kindred Industries Union (also known as AMWU)
ANNEXURE B
Authority to
obtain from DIMA details of immigration status
I,
|
|
(Family name)
|
(Given name(s))
|
|
|
Date of birth:
|
Nationality:
|
|
|
Visa number:
|
Passport number:
|
|
|
authorise the Department
of Immigration and Multicultural Affairs (DIMA) to release by fax to
|
|
|
(Name of employer representative)
|
|
|
|
details of my immigration status and entitlement to work
legally in Australia.
This information will only be made available to a
representative of a principal contractor and authorised trade union officer on
request.
I also understand the above-named will only use this
information for the purpose of establishing and verifying only my legal
entitlement to work in Australia and for no other purpose.
Signed:
|
Dated:
|
|
|
Name of employer:
|
|
|
Phone:
|
Fax:
|
|
|
|
Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: (02) 9258 4730
Fax: (02) 9258 4763
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.