GOSFORD HOSPITAL PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Industry Group New South Wales Branch, organisation of employers and
a State Peak Council for Employers.
(No. IRC 594 of 2004)
|
Before Commissioner
Redman
|
20 February 2004
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Introduction
3. Objectives
4. Definitions
5. Application
6. Duration
7. Industry
Standards
7.1 Superannuation and Redundancy
7.2 Top Up/24 Hour Income Protection Insurance
7.3 Productivity allowance
7.4 Payment of the Productivity Allowance
8. Environment,
Health, Safety and Rehabilitation (EHS&R)
8.1 Induction
8.2 Environment, Health and Safety Plans
8.3 The Safety Committee
8.4 Safety Procedures
8.5 OH&S Industry Induction
8.6 Formwork Safety
8.7 Temporary Power/Testing and Tagging
8.8 Crane Safety
9 Dispute
resolution
9.1 Employer specific disputes
9.2 Project Wide Disputes
9.3 Demarcation Disputes
9.4 Procedures to prevent Disputes Regarding Non Compliance
10. Monitoring
Committee
11. Productivity
Initiatives
11.1 Learning Initiatives
11.2 Inclement Weather
11.3 Rostered Days Off
11.5 Maximising Working Time
11.5 Hours of Work
12. Immigration
Compliance
13. Long
Service Compliance
14. No Extra
Claims
15. No
Precedent
16. Single
Bargaining Unit
17. Union
Rights
17.1 Visiting Union Officials
17.2 Workplace Delegates
17.3 Union Membership
18. Australian
Content
19. Protective
Clothing
20. Workers
Compensation and Insurance Cover
21. Apprentices
22. Training
and Workplace Reform
23. Project
Death Cover
24. Anti-Discrimination
25. Personal/Carers
Leave
25.1 Use of Sick Leave
25.2 Unpaid Leave for Family Purpose
25.3 Annual Leave
25.4 Time-off in Lieu of Payment for Overtime
25.5 Make-up Time
25.6 Rostered days off
26. Project
Close-Down Calendar
Annexure A - Parties
bound by this Award
Annexure B - DIMA
details for Immigration status
Annexure C - Target
Program Milestones/Target Schedule Milestones
2.
Introduction
The Parties acknowledge that the building industry has
special features, which may require the Parties to enter into agreements
applicable to a particular project. 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 Walter by their client.
3.
Objectives
3.1. 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) Commitment to positive project outcomes
including completion within Budget and in accordance with Target Programme
Milestones and Target Scheduled Milestones.
(q) Encourage all employers to have
Enterprise Agreements with the relevant union or unions.
(r) Compliance with the NSW Government
Construction Industry Code of Practice.
4. Definitions
"Award" means this Gosford Hospital Project Award
made between the Parties.
"Walter" means WALTER Construction Group Limited
(New South Wales - Building Division) of Level 3, 100 Pacific Highway, St
Leonards, NSW, 2061
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Enterprise Agreement" means an agreement
registered or certified under the Workplace Relations Act 1996 (CTH) or
approved under the Industrial Relations Act 1996 (NSW).
"Employer" means Walter and/or any subcontractor
engaged by Walter to work on the Project, including subcontractors` respective
subcontractors plus other subcontractors engaged by Walter and/or
subcontractors for this project post Award signing.
"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 10 of this Award.
"Parties" means the Employers, and the Unions referred
to in Annexure A.
"Completion" means the completion of the Project
where the building is fit for occupancy and/or purpose.
"Programme Milestones" means the milestones listed
in Part 1 of Annexure C as amended by the Monitoring Committee from time to
time.
"Project" means the construction works contracted
to Walter at Wyong Hospital
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by Walter from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"Scheduled Milestones" means those targets
described in Part 2 of Annexure C as amended under Clause 7.4 from time to
time.
"T.E.T.A" means Transport Education Training
Australia.
"Unions" means each of the Unions listed in Part 2 of Annexure A.
5. Application
5.1. 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.
5.2. Where Walter
engages sub-contractor/s, it shall make it a condition of any contract that it
enters into with its sub-contractor/s that they will not employ or otherwise
engage persons on wages and conditions, which are less favourable than those
set out in this Award.
5.3. The Parties also
acknowledge and agree that the terms of this Award form part of the tender
conditions for work on this Project for all subcontracts tendered.
5.4. 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.
6.
Duration
6.1. This Award shall
operate on and from 9 February 2004 until Completion
7.
Industry Standards
7.1. Superannuation and Redundancy
(a) The Parties
acknowledge that a contribution of 9% of ordinary time earnings 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
(i) The Employers
will make a minimum contribution of $50.50 per week into ACIRT or MERT or other
schemes approved by the parties.
7.2. Top Up/24 Hour Income Protection
Insurance
Each Employer will provide Workers Compensation
Top-Up/24 Hour Income Accident Insurance with the UPLUS scheme or other similar
schemes, which are approved by the parties to this
Award.
7.3. Project
Productivity Allowance
(a)
(i) The Employer
will pay a productivity allowance for persons engaged on the project of $1.25
per hour for each hour worked on the Project, in exchange for the productivity
work practices detailed within this Agreement and the Scheduled Milestones and
Programme Milestones listed in Annexure C.
(ii) The
productivity allowance shall be paid at a flat rate and shall not attract any
premium or penalties.
(iii) The Project
Manager will determine whether the Schedule Milestones and Programmed
Milestones have been achieved. The Project Manager will advise the Employers
and the Monitoring Committee accordingly.
7.4. Payment of the
Productivity Allowance
(a) the parties
agree that the productivity allowance is paid only if the Schedule Milestones and
Programme Milestones are met.
(b) the parties
agree to use their best endeavours to meet or exceed the Schedule and Programme
milestones.
The productivity allowance will be calculated and paid
as follows;
The Project Manager will review the progress of the
Works monthly and will verify the achievement of the Scheduled and Programme
Milestones.
If the relevant milestones are achieved, the maximum
payment will be $1.25 per hour for each hour of time worked on the project.
Payment will be made as a part of weekly wages.
Payment will be made from the commencement of Walters
contract on the project.
In the event that a relevant Scheduled or Programme
Milestone is not achieved, the Monitoring Committee shall meet with the Project
Manager to determine;
(i) The reason
why the milestone was not achieved, and
(ii) The action
required to achieve the next relevant milestone.
If a relevant milestone is not achieved for two
consecutive months;
(iii) The
productivity allowance will cease being paid, but
(iv) If in the
following period work catches up to the program and the relevant Programme
Milestone is achieved, and the Scheduled Milestones are achieved, productivity
allowance payments will recommence and shall include payments for the preceding
period(s) not paid.
The Monitoring Committee will be advised monthly or ‘as
needed’, by the Project Manager on the status of the project as measured
against the Target Schedule and Target Program Milestones.
(c) Transport
Drivers
The Parties agree that this Agreement does not apply to
off site or purely incidental activities such as delivery of site materials or
couriers. This Agreement will apply to
Transport Drivers who are employed by an Employer if the relevant Employer
makes deductions from the remuneration of that Transport Driver in accordance
with the "Pay as you Go" (PAYG) provisions of the Income Tax Assessment
Act 1936 (as amended). The Parties
agree that if this Agreement does apply to any Transport Driver, he or she will
only receive the project productivity allowance of $1.25 per hour worked after
he or she is required by their Employer to be involved working on the project
for longer than two hours in any calendar day.
(d) Potential for
part payment
When deciding whether to pay the productivity
allowance, the Project Manager may recommend part payment of the allowance
based on part performance of the milestones.
Where conditions relating to amounts and method of
payment of Project productivity/site Allowances are specifically mentioned in a
sub contractor’s enterprise agreement and are at variance with the conditions
of this Award, then discussions will take place between the Parties to seek a
resolution.
No employer with an enterprise agreement will be
required to make payments or provide benefits which would result in double
payment to employees.
8. Environment, Health, Safety and
Rehabilitation (EHS&R)
8.1. 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.
8.2. Environment, Health and Safety Plans
(a)
(i) All Employers
must submit an environment, health safety and rehabilitation management
plan. These plans should include
evidence of:
(ii) risk
assessment of their works;
(iii) hazard
identification, prevention and control;
(iv) planning and re-planning
for a safe working environment;
(v) industry and
trade specific induction of Employees;
(vi) monitoring
performance and improvement of work methods;
(vii) reporting of
all incidents/accidents;
(viii) compliance
verification; and
(ix) regular
EHS&R meetings, inspections and audits of the
Project.
8.3. The Safety Committee
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.
8.4. 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.
8.5. 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.
8.6. 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 will be contacted to assess the
qualifications of the relevant employee.
8.7 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 a licensed electrician.
8.8 Crane
Safety
No mobile crane will be allowed on the
project site unless it has been certified by Cranesafe Australia (New South
Wales). Such cranes will be required to display their current Cranesafe
inspection label.
9.
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.
9.1. Employer
Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employees or their representative
Union, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of the Employer and the Union delegate;
(c) Discussion
between site management representatives of the Employer and the Union
organiser. If the dispute is not resolved within 48 hours it should proceed to
Clause 9.1 (d);
(d) Discussion
between senior management of the Employer, Walter and the appropriate Union
official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Walter NSW
Construction Manager (or nominee);
(f) If the dispute
is not resolved after step (e), parties to the Award may notify the dispute to
the Industrial Relations Commission of New South Wales, and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to 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.
9.2. Project
Wide Disputes
In the event of a dispute or conflict effecting more
than one Employer occurring, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of Walter and the Union delegate;
(c) Discussion
between site management representatives of Walter and the Union organiser;
(d) Discussion
between senior management of Walter and the appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Walter NSW
Construction Manager (or nominee);
(f) If the
dispute is not resolved after step (e), parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to 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.
9.3. Demarcation
Disputes
In the event that a dispute arises which cannot be
resolved between the relevant Unions, the Unions agree to the following dispute
settling procedure:
(a)
(i) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes.
(ii) Discussion
between the Labor Council of New South Wales and the Unions to try to resolve
the dispute.
(iii) 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)
9.4 Procedures to prevent Disputes Regarding
Non- Compliance
(a) Walter in association with the
accredited site union delegate will check monthly payments of subcontractors’
companies engaged on site for superannuation, redundancy and extra insurance to
ensure payments for employees have been made as required. Walter 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. 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 this 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 the Project
Award.
(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.
In accordance
with Part 5b of the Payroll Tax Legislation Amendment (Avoidance) Bill 2002
(NSW) the principle contractor will obtain a statement of compliance from the
sub-contactor. A copy of this statement
will be available on request to an accredited trade union officer.
(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 Walter 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.
10. Project Monitoring Committee
10.1. The Parties may
establish a committee to monitor the implementation of this Award.
10.2. 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.
10.3. 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)
(i) developing
more flexible ways of working;
(ii) enhancing
occupational, health and safety;
(iii) productivity
plans, and
(iv) compliance with
award and other statutory requirements by employers.
10.4. 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.
10.5. Where any industrial action has occurred
outside the strict adherence of the dispute settling procedures, the Monitoring
Committee may withhold or suspend payment of The Project Productivity
Allowance. If no agreement can be
reached by the Monitoring Committee, the matter may be referred back to the
Commission for determination.
11. Productivity Initiatives
11.1. Learning Initiatives
Each Employer shall be required to demonstrate to
Walter implementation of commitment to skill enhancement and workplace reform while working on the Project.
11.2. Inclement Weather
(a)
(i) 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.
11.3. Rostered Days Off
(a) Subject to
Clause 28 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 of the employee.
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.
11.4. 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.
11.5. Hours of Work
(a)
(i) 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. This
clause will not override existing arrangements within an enterprise.
12. Immigration Compliance
12.1. The Parties are
committed to compliance with Australian immigration laws so as to ensure
maximum work opportunities for unemployed permanent residents and Australian
citizens. Employers will be advised by
Walter of the importance of immigration compliance. Where there is concern that illegal immigrants are being engaged
by an employer on the Project, Walter will act decisively to ensure compliance.
12.2. 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.
13. Long Service Compliance
13.1. 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.
14. No Extra Claims
14.1. 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.
15. No Precedent
15.1. 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.
16. Single Bargaining Unit
16.1. This Award was
negotiated by the Labor Council of New South Wales on behalf of the Unions and
by Walter in its own right and on behalf of the Employers.
17. 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 officials, the
delegate and its members is an important mechanism in assisting the parties to
resolve grievances and disputes in a timely fashion.
17.1. Visiting Union Officials
(a)
(i) 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 Walter, prior to pursuing their union duties.
(ii) 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.
(iii) 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.
(iv) All such wages
books and other payment records shall be made available within 48 hours on site
or at another convenient, appropriate place, provided notice is given to the
Employers and the Project Manager by the Union.
(v) 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
17.2. Workplace
Delegates
DEFINITION
In this Award the expression "delegate" means
an employee who is the accredited representative of the Union at an employer’s work
place, and if there is more than one delegate in respect of the workforce of
that employer then the expression "delegate" means each and every
such delegate so accredited by the Union in relation to that employer’s
workforce.
(a)
(i) Rights of the
Delegate
(ii) 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.
(iii) 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.
(iv) The delegate
shall have the right to communicate with members of the Union in relation to
industrial matters without impediment by the employer. Without limiting the usual meaning of the
expression "impediment", this provision applies to the following
conduct by an employer:
moving a delegate to a workplace or work situation
which prevents or significantly impedes communication with members;
changing a delegate’s shifts or rosters so that
communication with workers is prevented or significantly impeded;
disrupting duly organised meetings.
(v) The delegate
shall be entitled to represent members in relation to industrial matters at the
workplace, and without limiting the generality of that entitlement is entitled
to be involved in representing members:
at all stages in the negotiation and implementation of
enterprise agreements or awards or other industrial instruments;
the introduction of new technology and other forms of
workplace change;
Career path, reclassification, training issues; and to
initiate discussions and negotiations on any other matters affecting the
employment of members
Ensuring that workers on site are paid their correct
wages, allowances and other lawful entitlements.
To check with relevant industry schemes so as to ensure
that superannuation, long service leave and redundancy has been paid on time.
(vi) 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 to attend relevant
Union training courses/forums;
paid time off to attend meetings of delegates in the
industry, as authorized by the relevant union.
(vii) Walter will
provide delegates the following:
a lockable cabinet for the keeping of records;
a lockable notice board for the placement of Union
notices at the discretion of the delegates;
where practicable, i.e. on large sites, a union office;
where a union office room is not practicable, access to
a meeting room;
use of the telephone for legitimate union business;
from existing resources, and when required access to:-
a word-processor, typewriter, or secretarial support at
the workplace;
to personal computers (PC), CD ROM and E-mail and the
Internet at the workplace;
a photocopier or facsimile machine.
(viii) 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.
17.3. Union
Membership
Properly accredited officials and workplace
representatives of the union shall have the right to be provided with
appropriate access to employees to promote the benefits of union membership.
To assist in this process the Employer shall:
(a)
(i) If requested
by the union, provide payroll deduction services for union fees. Such fees shall be remitted to the union on
a monthly basis with enough information supplied to enable the union to carry
out a reconciliation;
(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 induction training;
(iv) Ensure that all
supervisors are trained in the provisions of the Project Award and the employer’s policy on union membership.
18. Australian Content
18.1. The Project
Manager shall endeavour to maximise Australian content in materials and
construction equipment on the Project where practical and feasible.
19. Protective Clothing
19.1. 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.
19.2. 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.
19.3. 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.
19.4. 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.
19.5. Employers
of transport workers who regularly have transport workers on the project will
supply workers with Safety Footwear, 1 set of Clothing and 1 Jacket prior to
the commencement of work at the site. However the Employer does not need to
supply the above if the said transport worker has been issued with the
clothing within the previous twelve
(12) months and the Employer can substantiate that fact.
20.
Workers Compensation and Insurance Cover
20.1. Employers must
ensure that all persons that they engage to work on the project are covered by
workers compensation insurance.
20.2. Walter will
obtain Workers Compensation Certificates of Currency from each Employer engaged
on site and a declaration (WorkCover’s Subcontractor Statement) from each
Employer that they have paid the premiums in respect to that insurance. Walter in conjunction with the site union
delegate will review 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.
20.3. 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.
20.4. 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;
20.5. 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
20.6. The
Employer will also complete the relevant accident notification form and send it
to WorkCover.
21.
Apprentices
21.1. 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.
22. Training and Workplace Reform
22.1. 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.
23. Project Death Cover
23.1. Walter will
guarantee the beneficiary of any employee who dies as a consequence of working
on the project will be paid a death benefit of $25,000. 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.
24.
Anti-Discrimination
24.1. 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.
24.2. This includes
discrimination on the ground of race, sex, martial status, disability, homosexuality,
transgender identity, responsibilities as a carer and age. 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.
24.3. 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.
24.4. 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.
24.5. This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
25.
Personal/Carers Leave
25.1. 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 25.1 (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.
25.2. 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 25.1 (c)(ii) above who is
ill.
25.3. 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 25.3(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.
25.4. 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 25.4(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 25.4(a), the Employee shall be paid
overtime rates in accordance with the award.
25.5. 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.
25.6. 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.
26.
Project Close-Down Calendar
26.1. For the
purposes of this Award the Parties agree that the following calendar will be
adopted for the Project. The calendar
has been produced with a view to maximising quality leisure time off for all
employees. Accordingly, the Parties
agree that on certain weekends (as set out in the Calendar), no work shall be
carried out.
Provided, however, where there is an emergency or
special client need, work can be undertaken on the weekends and adjacent 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:
Walter Construction Group Limited (New South Wales Building
Division)
Part 2
Unions:
The Labor Council of New South Wales (The Labor Council)
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
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
ANNEXURE C
PART 1
TARGET PROGRAMME
MILESTONES
|
Milestone
|
Gosford Hospital
Works Description
|
Target Date
|
|
|
|
|
|
1
|
Completion of Level 3 Structure
|
27 Oct 03
|
|
2
|
Completion of Level 6 structure
|
19 Dec 03
|
|
3
|
Complete Metal Roofing
|
8 March 04
|
|
4
|
New Electrical Substation / Demolition of old Substation
|
8 May 04
|
|
5
|
Kitchen
|
21 Jun 04
|
|
6
|
Respiratory Ward
|
2 Aug 04
|
|
7
|
Services Areas, Ward Areas & Pathology Road
|
4 Sep 04
|
|
8
|
Emergency, Operating Theatres & Make Good to New Entry
|
15 Nov 04
|
|
9
|
Landscaped Area adjacent Cafeteria
|
20 Dec 04
|
NOTE:
1. The above
"Target Programme Milestones" are provided to generally achieve or
better the original Contract Programme.
It is acknowledged that these milestones may be adjusted from time to
time by the Monitoring committee in order to reflect unavoidable project
delays.
2. The first
milestone assessment date shall be 30 September (or thereabouts) and monthly
thereafter. Payments shall be made
progressively on a weekly basis if it is agreed by the Monitoring Committee
that the milestones for the project are being or have been met, in accordance
with this Award.
3. If, at any
time, the Monitoring committee cannot agree that the milestones are being or
have been met, then Productivity Incentive Payments may be suspended until the
matter is resolved in accordance with this Award.
4. Unavoidable
project delays shall include all extensions of time as approved by the Client
under the Head Contract and delays caused to Target Programme Milestones as a
result of works re-programming or re-scheduling by Walter to meet contractual
completion requirements.
PART 2
TARGET SCHEDULE
MILESTONES
|
|
|
|
Milestone
|
Objective (must be satisfied at each Target Programme
Milestone)
|
|
|
|
|
1. Training
|
All members of workforce actively participating in organised
training.
|
|
|
|
|
2. Safety
|
All members of the workforce actively working with the
OH&S
|
|
|
Committee, the Project Manager, Central Coast Area Health
and their
|
|
|
employer to improve safety performance on the
project. This includes
|
|
|
the reduction of lost time injuries and full cooperation
with Walter
|
|
|
Construction Group’s "Project Safety Management
Plan" and "Traffic
|
|
|
Management Plan"
|
|
|
|
|
3. Environment
|
All members of the workforce working actively with union delegates,
|
|
|
the Project Manager, Central Coast Area Health and their
employer to
|
|
|
satisfy the requirements of the "Project
Environmental Management
|
|
|
Plan"
|
|
|
|
|
4. Quality
|
All members of the workforce actively working with their employer
|
|
|
and Walter Construction Group to deliver the quality
product required
|
|
|
by Central Coast Area Health.
|
|
|
|
|
5. Behaviour
|
All members of the workforce actively working with union
delegates,
|
|
|
the Project Manager and their employer to ensure the quiet
enjoyment
|
|
|
of patients, hospital staff and neighbours during the
carrying out of
|
|
|
works on the project, in line with procedures developed
between the
|
|
|
Project Manager and Central Coast Area Health
|
|
|
|
J. N. REDMAN, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.