LABOR COUNCIL OF NEW SOUTH
WALES AND AUSTRALAND HOLDINGS LIMITED L.G. WAREHOUSE AND OFFICE FACILITY
PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Labor
Council of New South Wales, State Peak Council for Employees.
(No. IRC 1477 of 2004)
|
Before The Honourable
Justice Walton, Vice-President
|
31 March 2004
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Objectives
3. Definitions
4. Application
5. Duration
6. Industry
Standards
6.1 Superannuation and Redundancy
6.2 Top Up/24 Hour Income Protection Insurance
7. Project
Productivity Allowance
7.1 Project Allowance
7.2 Transport Workers
8. Productivity
Initiatives
8.1 Learning Initiatives
8.2 Inclement Weather
8.3 Rostered Days Off
8.4 Maximising Working Time
8.5 Hours of Work
9. Occupational
Health, Safety and Rehabilitation (OHS&R)
9.1 OH&S Industry Induction
9.2 Occupational, Health and Safety Plans
9.3 The Safety Committee
9.4 Safety Procedures
9.5 Unsafe Working Conditions
8.6 Formwork Safety
8.7 Temporary Power/Testing and Tagging
8.8 Crane Safety
10. Dispute
Resolution
10.1 Employer specific disputes
10.2 Project Wide Disputes
10.3 Demarcation Disputes
10.4 Procedures to prevent Disputes Regarding Non- Compliance
11. Monitoring
Committee
12. Immigration
Compliance
13. Long
Service Compliance
14. No Extra
Claims
15. No
Precedent
16. Union
Rights
16.1 Visiting Union Officials
16.2 Workplace Delegates
16.3 Union Membership
17. Australian
Content
18. Protective
Clothing
19. Workers
Compensation and Insurance Cover
20. Training
and Workplace Reform
21. Project
Death Cover
22. Anti-Discrimination
23. Project
Close-Down Calendar
24. Leave
Reserved
Annexure A
Annexure B
2.
Objectives
2.1 The Parties
agree to continue to develop and aim towards the following objectives in
respect of the following key areas on the Project:
(a) Forms of work
organisation which encourage the use and acquisition of skills and continual
learning;
(b) Effective
management practices;
(c) Communication
processes which facilitate participation by all Employers, Employees and Unions
(d) 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
(k) Compliance with all relevant statutory provisions;
(l) Elimination
of unproductive time;
(m) Improved
compliance by the Employers with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(n) Increased
leisure time for Employees by eliminating excessive or unnecessary overtime;
and
(o) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships.
2.2 In addition to the above objectives it
is an objective of the Unions that all companies working on the project should
have an Enterprise Agreement with the appropriate Union.
Encourage
all employers to have Enterprise Agreements with the relevant union or
unions.Compliance with the NSW Government Construction Industry Code of
Practice.
3. Definitions
"Australand" means the NSW Commercial &
Industrial Divisions of Australand Holdings Limited.
"AwardAward"
meansthis the Labor
Council of New South Wales And Australand Holdings Limited L.G. Warehouse and
Office Facility ProjectName of Award made between the Parties.Award.
"Employee" means any person engaged by the Employer and who
performs work on the Project.
"Employer Name"
means Australand Holdings Limited and Employer Name of Employer Addressany Subcontractor
engaged by Australand to work on the project.
"Sub-contractor" means a person, company or
organization who is engaged by Australand to perform work on the Project but
only for the period during which they are engaged by Australand to work on the
Project.
“Employee” means a person engaged by
an Employer and who performs work on the Project.
“Employer” means [Employer Name]
and/or any subcontractor/s engaged to work on the Project.
"Enterprise Agreement" means an agreement
certified under the Workplace Relations Act 1996 (CTH) or approved under
the Industrial Relations Act 1996 (NSW).
"Labor Council" means the Labor Council of New
South Wales.
"Monitoring Committee" means the committee
established under clause 11 of this Award.
"EHSOHS&R"
means Environment Occupational Health
Safety and Rehabilitation.
"Environment Occupational Health
Safety and Rehabilitation Policy" means either of the
plan or policy devised and implemented by
the Project Manager for the Project (as amended from time to time).
"Parties" means the Employers and Unions referred
to in Annexure A. in Annexure A
"Practical Completion" means the date on which the
Project is complete, including that the building is fit for occupancy and/or
purpose.
"Project" means the construction works on the L.G.
Warehouse and Office Facilitycontracted to [Employer
Name] at [Address] carried out by Australand Holdings Limited at Eastern
Creek.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by [Employer Name]Australand Holdings
Limited from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and Safety Act 2000.
"Superannuation Guarantee Legislation" means the Superannuation
Guarantee (Administration) Act 1992 and Superannuation Guarantee Charge
Act 1992 (as amended from time to time).
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
Australand Holdings Limited engages sub-contractor/s, it shall make it a
condition of any contract that it enters into with its sub-contractor/s that
they will not employ or otherwise engage persons on wages and conditions, which
are less favourable than those set out in this Project Award.
4.3 The
Parties also acknowledge and agree that the terms of this Award form part of
the tender conditions for 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 its primary purpose is to provide
a framework for the Employers, the Labor Council and the Unions, to manage
those issues on the Project, which affect more than one Employer.
5.
Duration
This Award shall operate on and from 15th March 2004 until Practical Completion.
6.
Industry Standards
6.1 Superannuation and Redundancy
(a) The Employers
will make a contribution of $95.00 per week or 9% of ordinary time earnings
(whichever is the greater) on behalf of each of its Employees to the
superannuation fund nominated in the relevant industrial instruments, including
C+BUS; NESS; STA, TWU or other schemes nominated by the relevant Employer. The above contribution will increase so that
the minimum payment made for superannuation shall be $100.00 from 1 July 2004.
(b) The Employers will
make a contribution of $61 per week into ACIRT or MERT or other schemes approved by the Parties. This contribution satisfies the Employers' obligations to make
such contributions (or any similar contribution) to a redundancy trust fund
under any other industrial instrument.
6.2 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.
7. Project Productivity Allowance
7.1
(a) Subject to
subclause 7.2, the Employer will pay an amount of $1.25 Project productivity
allowance for personsto all persons it
engages on the Project [$ amount]for each
hour worked on the Project.
(b) The Productivity
Incentive Payment referred to in this clause is not intended to affect any
allowance otherwise payable under a building award or enterprise agreement as
defined in clause 3 of this Award.
7.2 Transport
Workers
(a) Employees -
Rates of Pay
It is further agreed that any Transport Worker carrying
our work relating to the project will be paid, in addition to his/her Award or
Enterprise Agreement rate of remuneration, unless the enterprise agreement
specifically absorbs project productivity payments and/or allowances, 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.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.
6.3(b)(iii) 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.
8. Productivity Initiatives
8.1 Learning Initiatives
Each Employer shall be
required to demonstrate to Australand its implementation of its commitment to skill
enhancement while working on the Project.
8.2 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 sub-paragraph
(b)(ii) 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 resuming work as soon as
possible following
any cessation of work due to inclement weather;
(v) The Parties agree the practice of "one out, all out" will not occur.
8.3 Rostered Days Off
(a) Subject to Clause 23 a procedure for the implementation
of Rostered Days Off (RDOs) will be agreed on the Project, the purpose of which is to:
(i) increase the quality of working life for Employees;
and
(ii) increase and maximise the productivity of the
Project.
(b) Records of each Employee’s RDO accruals will be
recorded on the Employee's 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.
(c) Where an Employee and Employer agrees,
work may be performed on any RDO and the relevant Employer will arrange with
its Employee for an alternative day to be taken off. Any banking of the RDO must be with the Employee's consent. Where agreement is reached between the
Employer and Employee, and an alternative day is substituted for the RDO, the
scheduled RDO will be treated by the Employer and Employee as an ordinary working
day.
8.4 Maximising Working Time
The Parties agree that crib and
lunch breaks may be staggered for Employees so that work does not cease during
crib and lunch. There will be no
unreasonable interruption of the comfort of Employees having lunch
with the amenities to be maintained in a clean and hygienic state at all times.
8.5 Hours of Work
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 and Employee and the relevant Union.
9. ENVIRONMENTOccupational, Health, Safety and Rehabilitation (EOHS&R)
9.1 Induction
(a) No person will be
engaged to perform work on the Project unless they have completed the WorkCover NSW Accredited OH&S
Industry Induction Course.
(b) All persons who
enter the Project site, must attend a site induction course coordinated and
prepared by Australand before they will be permitted to enter the relevant
site.
(c) All Transport
Workers involved on the Project shall hold an appropriate Blue Card Induction
Program conducted by a licensed Blue Card Training Provider.
9.2 EnvironmentOccupational, Health and Safety Plans
(a) All Employers
must prepare and submit to Australand an environmentoccupational,
health safety and rehabilitation management plan in the format required by the Employer's contract with
Australand for the performance of work on the Project. These plans should include details about:
risk assessment of their works;
hazard identification, prevention and control;
planning and re-planning for a safe working
environment;
industry and trade specific induction of Employees;
monitoring performance and improvement of work methods;
reporting of all incidents/accidents;
compliance verification; and
regular Occupational Health Safety & Rehabilitation
meetings, inspections and audits of the Project.
9.3 The Safety Committee
A Safety Committee for the Project will be established
and trained in accordance with the applicable occupational health and safety
legislation.
9.4 Safety Procedures
(a) The Parties
acknowledge and agree that all Parties are committed to safe working procedures
and that any disregard by an Employee of the Employer's or Australand's safety
policies and procedures will not be tolerated.
(b) If the Project ManagerAustraland
management and/
or the Safety Committee is of the opinion that an Employee or
Employer has committed a serious breach of either the Environment
Occupational
Health and Safety Policy Plan, any other
applicable occupational health and safety policy or procedure or safe working
practices, the Parties acknowledge that the Project
Manager (or the Project Manager on recommendation from the Safety Committee)Australand may
take disciplinary action against the Employer and/or direct an Employer to take
disciplinary action against the Employee, which may include taking all steps
required to remove the Employee from the Project or terminating or suspending
the Employer's engagement on the Project.
9.5 Unsafe Working
Conditions
In the event that Australand and/or the Safety
Committee determines that an unsafe working condition exists, then the Parties
acknowledge that:
(a) no Employee
will be directed to work in that unsafe working area; and
(b) productive
work must continue in all areas that are not affected by that unsafe condition
and
that an Employer may direct Employees to work in an
alternative area that is safe.
OH&S Industry InductionNo person
will be engaged on site unless he/she has completed the WorkCover NSW
Accredited OH&S Industry Induction Course.
9.6 Formwork
Safety
All Employees engaged to work on the
erection or dismantling of formwork must have the relevant WorkCover Formwork
Certificate of Competency. Where an
Employee does not have a Certificate of Competency, an accredited organisation
will be contacted to assess the qualifications of the relevant employee.
9.7 Temporary
Power/Testing and Tagging
In order to maintain the highest standards
of safety on the Project in relation to the use of electricity during
construction, it is agreed that the temporary installation must be installed
strictly in accordance with AS 3012 (1995).
All electrical work on the Project is to be carried out by qualified
electrical tradespersons. Testing and
tagging is to be carried out only by qualified electrical tradespersons.
9.8 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.
10.
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.
10.1 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, including the relevant Employee and their
direct supervisor;
(b) Discussion
between site management representatives of the Employer and the Union delegate;
(c) Discussion
between site management representatives of the Employer and the Union
organiser;
(d) Discussion
between senior management of the Employer, [Employer
Name]Australand
and the appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and [Employer Name]the relevant Australand Senior NSW Construction Manager/General
Manager Construction NSW Operations Manager (or
nominee);
(f) If the
dispute is not resolved after step (e), any of the Parties to the Award or
Australand may elect to notify the dispute to the Industrial Relations
Commission of New South Wales, and request that the Industrial Relations
Commission of New South Wales resolve the dispute pursuant to its powers set
out in the Industrial Relations Act 1996 (NSW).
(g) Work shall
continue without disruption or dislocation during the discussions and
negotiations concerning the dispute.
10.2 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 [Employer
Name]Australand
and the Union delegate;
(c) Discussion
between site management representatives of [Employer
Name]Australand
and the Union organiser;
(d) Discussion
between senior management of [Employer Name]Australand and
the appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and [Employer Name]the relevant Australand Senior NSW Construction Manager/
General Manager Construction Operations Manager- (or nominee);
(f) If the
dispute is not resolved after step (e), any of the Parties to the Award or
Australand may elect to notify the dispute to the Industrial Relations
Commission of New South Wales, and request that the Industrial Relations
Commission of New South Wales resolve the dispute pursuant to its powers set
out in the Industrial Relations Act 1996 (NSW).
(g) Work shall
continue without disruption or dislocation during the discussions and
negotiations concerning the dispute.
10.3 Demarcation
Disputes
The Unions will use their best endeavours to resolve
any demarcation dispute.
In the event that a dispute arises which cannot be
resolved between the relevant Unions, the Unions agree to resolve the dispute
in a timely manner strictly in accordance with the following procedures:
(a) Productive
work shall continue without interruption or dislocation during discussion and
resolution of dispute, including no work stoppages or other forms of industrial
action;
(b) The relevant
Unions must notify and commence discussions with 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).
For the
avoidance of doubt, the Unions agree that there shall be no work stoppages or
industrial action on the Project as a consequence of or in connection with a
demarcation dispute.
10.4 Procedures to prevent Disputes Regarding
Non- Compliance
(a) [Employer Name]Australand, in
association with the accredited Project union delegates, will check monthly
payments of Employers in relation to superannuation, redundancy and extra
insurance to ensure payments to or on behalf of the Employer's Employees have
been made, as required. The [Employer Name]Australand and the Project union delegate shall also check that
Employers have not introduced arrangements designed to avoid tax and other
statutory obligations or sham subcontract arrangements, such as ‘all-in’
payment and or ‘cash-in-hand’ payments. Where such practices are identified, the Employer[Employer] will take immediate steps to ensure
that any such arrangements are rectified and that any Employee affected by any
such arrangement receives all statutory and other entitlements.
(b) Each Employer engaged on the Project
will be specifically advised and monitored, in accordance with clause 10.4(c)
below, in respect of payroll tax and required to comply with their lawful
obligations.
(c) In accordance with Section 127 of the Industrial
Relations Act 1996, Section 175(b) of the Workers’ Compensation Act
1987 and Part 5B s1G-31J of the Payroll Tax Act 1971 Australand will
require all Employers to complete (as required) an applicable statement
regarding workers’ compensation, payroll tax and remuneration. If requested, these statements will be made
available to an accredited trade union officer or the Project union delegate.
(d) The relevant Union delegate or Union
official shall advise [Employer Name]Australand if
they believe that the information which has been provided by any Employer in
accordance with their above obligations is not correct. Australand will then raise this matter with
the relevant Employer.
(e) Any dispute concerning non-compliance
with this clause shall be resolved in accordance with the dispute settling
procedures of this Award.
11. Monitoring Committee
11.1 The Parties may
may establish a committee to monitor the
implementation of this Award. The
Monitoring Committee's members will be nominated by and represent Australand
and the Employers,Employers and the Labor Council of NSW and its
affiliates and the Unions.
11.2 This Monitoring
Committee if establishedwill meet at the
commencement of construction on the Project and then at monthly intervals or as
required during construction on the Project.
11.3 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 the Award and other statutory requirements by
Employers, Employees and Unions.
11.4 If the
principles of this Award Award are not
being followed, the Monitoring Committee will develop a plan, in consultation
with the Parties and Australand, to implement the intent of the AwardAward.
PRODUCTIVITY
INITIATIVES
10.1 Learning Initiatives
Each Employer shall be required to demonstrate to [Employer Name]
implementation of commitment to skill enhancement and workplace reform while working on the Project.
10.2 Inclement Weather
10.2(a) The Parties to this Award will collectively proceed towards the
minimisation of lost time due to inclement weather.
10.2(b) Further, the Parties are bound to adopt the following principles
with regard to inclement weather and idle time created by inclement weather:
10.2(b)(i) Adoption of a reasonable approach regarding what constitutes
inclement weather;
10.2(b)(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);
10.2(b)(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;
10.2(b)(iv) All Parties are committed to an early resumption of work following
any cessation of work due to inclement weather;
10.2(b)(v) The Parties agree the practice of “one out,
all out” will not occur.
10.3 Rostered Days Off
10.3(a) Subject to Clause 25 a procedure for the implementation of Rostered
Days Off (RDOs) will be agreed on the Project. The purpose which is to:
10.3(a)(i) increase the quality of working life for Employees; and
10.3(a)(ii) increase the productivity of the Project.
10.3(b) A roster of RDOs will be prepared, following consultation with the
workforce and parties to this Award.
10.3(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.
10.3(d) Where practicable, Saturday work prior to the published industry RDO`s will not be worked.
10.4 Maximising Working Time
10.4(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
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 [Employer Name]Australand of the
importance of immigration compliance.
Where there is concern that illegal immigrants are being engaged by an
employer on the Project, [Employer Name]Australand will
act decisively to ensure that Employers comply with Australian immigration
laws.
12.2 Employers are
required, prior to potential Employees commencing work on-site, to check the
legal right of the potential Employee to work.
The authorization form attached to this Award as per Annexure D will
assist in providing evidence of the potential
Employee’s legal status.
13. Long Service Compliance
If applicable, and in accordance with the NSW Building
and Construction Industry Long Service Leave Act, no Employee will
be engaged by an Employer to work on the Project 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
The Parties agreeIt is a term of this Award
that they the Labor Council, Employees and Unions will
not pursue extra claims against any Employer in respect of any matters term or condition covered by this Award Award in relation to the Project.
15. No Precedent
15.1 The Parties
agree not to use this Award Award as a
precedent and that this Award Award will
in no way create a claim for flow-on of on-site wage
rates and conditions to any other Australand projects.
16.
Union Rights
The Parties to this Award acknowledge the right of Employees
to be active union members and respect the right of each Union to organise and
recruit members. The Parties to this
Award also acknowledge that good communication between the union official,
delegate and the Union's 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, Officials of any Union, when
arriving on-site at the Project, shall call at the site office and introduce
themselves to a management representative of Australand, prior to commencing
their union duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
any applicable industrial instruments, 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) Subject to the
Union providing sufficient notice to a senior representative of the Employer
concerned and Australand, all relevant documentation and pay records will be
made available within 48 hours on site or at another mutually agreed convenient
location.
(e) Such
inspections shall not take place unless there is a suspected breach of this
Awardward or the Industrial Relations
Act 1996 (NSW).
16.2 Workplace
Delegates
Definition
In this clause the expression "delegate"
means the Employee who is the accredited representative of a Union at the
Employer’s workplace who is working on the Project, and if there is more than
one delegate in respect of the workforce of that Employer working on the
Project then the expression "delegate" means each and every such
delegate so accredited by the Union in relation to that Employer’s workforce.
(a) Rights of the
Delegate
(i) The Parties acknowledge
it is the sole right of the Union and its members to elect a delegate for each
work site, who shall be recognised as the authorised representative of the
Union at the site.
(ii) 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 provided that there is minimal disruption to work.
(iii) The delegate
shall have the right to communicate with members of the Union in relation to industrial
matters without impediment by the Employer provided such discussions result in
minimal disruption to work. 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 where there
was no operational requirement to do so;
disrupting duly organised meetings which are taking
place outside of working hours or are otherwise authorised by the relevant
Employer.
(iv) 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;
Ensuring that Employees 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.
(v) In order to
assist the delegate to effectively discharge his or her duties and
responsibilities, Employers will ensure that the delegate has:
access
to a reasonable period of time to 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;
reasonable paid time off up to a maximum of 10 days per
year to attend relevant Union training courses/forums, as authorised by the
Union and only with the prior approval of the relevant Employer;
Reasonable paid
time off to attend meetings of delegates in the industry, as authorized by the
relevant Union.
(vi) The Employer of
a delegate shall provide to the delegate the following (provided that it is
reasonably practicable for the Employer to do so):
a lockable cabinet for the keeping of records;
a lockable notice board for the placement of relevant
and appropriate Union notices;
where
practicable, i.e. on large sites, a Union office;
where
a Union office room is not practicable, reasonable access to a meeting room;
reasonable
use of a telephone for legitimate Union business;
from
existing resources, and when required, for legitimate Union business, access
to:
a word-processor, typewriter, or secretarial support at
the workplace;
personal computers (PC), CD ROM, E-mail and the
Internet at the workplace;
a photocopier or facsimile machine.
(vii) Employers shall
not deduct wages of a delegate where the Union reasonably requires that
delegate to attend any Court or Industrial Tribunal proceedings relating to
Industrial matters at the Employer's workplace in relation to the Project.
16.3 Union
Membership
Properly accredited officials and workplace
representatives of a Union shall have the right to be provided with appropriate
access outside of normal working hours to Employees to promote the benefits of
union membership.
To assist in this process the Employer shall:
(a) if requested
by an Employee, provide payroll deduction services for Union fees. Such fees shall be remitted to the relevant
Union on a monthly basis with enough information supplied to enable the Union
to carry out a reconciliation;
Supply all employees with a union
application form at the same time as employees are provided with their taxation
declaration form;
(b) Provide the
union, if requested, with reasonable access to talk to new employees at
induction training.
Ensure that all supervisors are trained
in the provisions of the Project Award and the employer’s
policy on union membership.
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 An Employer
must provide its Employees engaged on the Project with protective clothing and
footwear on the basis set out below.
The Employers will try, so far as possible, to ensure that the clothing
and footwear is legally produced in Australia.
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement, if not already provided, to all persons engaged on the Project
and will be replaced as a result of 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 Employees after
accumulated engagement on the Project of 152 hours or more and will be replaced
once per calendar year as a result of fair wear and tear, provided they are
produced to the Employer as evidence.
(c) Jackets
Each Employee, after accumulated employment on the
Project 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, provided they are produced to the Employer as evidence.
18.2 In
circumstances where any Employee of an Employer is 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 for 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 Australian
Manufacturers who do not use illegal or exploited labour in the manufacture of
their work clothes.
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 [Employer Name]Australand 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 aid officer, nominated by Australand,
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 the
Employee’s 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 Workplace
Injury Management and Workers' Compensation Act 1998, which provide that:
(a) The Employer
shall keep a register of injuries /site accident book in a readily accessible
place on site;
(b) All Employees
must enter in the register any injury received by the Employee. The Employer must be notified of all
injuries on site immediately. The
Employer must notify the insurer within 48 hours of a significant injury;
(c) An Employer
who receives a claim for compensation, must within seven (7) days of receipt,
forward the claim or documentation, to their insurer;
(d) An Employer
who receives a request from their insurer for further specified information
must within seven (7) days after receipt of the request, furnish the insurer
with the information as is in the possession of the Employer or reasonably
obtained by the Employer;
(e) An Employer
who has received compensation money from an insurer shall forward such money to
the person entitled to the compensation within three (3) working days;
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.
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,
where possible, removing any barriers to the use of skills acquired.
21. Project Death Cover
[Employer Name]Australand 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.
22.
Anti-Discrimination
22.1 It is the
intention of the Parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate unlawful discrimination in the workplace.
22.2 This includes
unlawful discrimination on the ground of race, sex, marital status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
22.3 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 unlawfully 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 of operation, has an unlawfully direct or
indirect discriminatory effect.
22.4 Subject to the
exceptions provided for under the Anti-Discrimination Act 1977, it is
unlawful to victimise an Employee because the Employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
22.5 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.
22.6 This
clause does not create legal rights or obligations in addition to those imposed
upon the Parties by legislation referred to in this
clause.
23.
Project Close-Down Calendar
23.1 For the
purposes of this Awardward 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 relevant Union. In such circumstances reasonable notice
(where possible), shall be given to the relevant Union (or Union delegate).
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 24
|
|
|
Sunday
|
April 25
|
|
|
Monday
|
April 26
|
Anzac gazetted holiday
|
|
Tuesday
|
April 27
|
RDO
|
|
|
|
|
|
Saturday
|
June 12
|
|
|
Sunday
|
June 13
|
|
|
Monday
|
June 14
|
Queens Birthday Public Holiday
|
|
Tuesday
|
June 15
|
RDO
|
|
|
|
|
|
Saturday
|
October 2
|
|
|
Sunday
|
October 3
|
|
|
Monday
|
October 4
|
Labor Day Public Holiday
|
|
Tuesday
|
October 5
|
RDO
|
|
|
|
|
|
Saturday
|
December 4
|
|
|
Sunday
|
December 5
|
|
|
Monday
|
December 6
|
Union Picnic Day
|
|
Tuesday
|
December 7
|
RDO (if applicable)
|
SITE CALENDAR 2005
|
Saturday
|
January 1
|
New Year’s Day
|
|
Sunday
|
January 2
|
|
|
Monday
|
January 3
|
New Year’s Day Public Holiday
|
|
|
|
|
|
Wednesday
|
January 26
|
Australia Day Public Holiday
|
|
Thursday
|
January 27
|
RDO
|
|
Friday
|
January 28
|
RDO
|
|
Saturday
|
January 29
|
|
|
Sunday
|
January 30
|
|
|
|
|
|
|
Friday
|
March 25
|
Good Friday Public Holiday
|
|
Saturday
|
March 26
|
|
|
Sunday
|
March 27
|
Easter Sunday
|
|
Monday
|
March 28
|
Easter Monday Public Holiday
|
|
Tuesday
|
March 29
|
RDO
|
|
|
|
|
|
Friday
|
April 22
|
RDO
|
|
Saturday
|
April 23
|
|
|
Sunday
|
April 24
|
|
|
Monday
|
April 25
|
Anzac Day Public Holiday
|
|
|
|
|
|
Saturday
|
June 11
|
|
|
Sunday
|
June 12
|
|
|
Monday
|
June 13
|
Queen’s Birthday Public Holiday
|
|
Tuesday
|
June 14
|
RDO
|
|
|
|
|
|
Saturday
|
October 1
|
|
|
Sunday
|
October 2
|
|
|
Monday
|
October 3
|
Labour Day Public Holiday
|
|
Tuesday
|
October 4
|
RDO
|
|
|
|
|
|
Saturday
|
December 3
|
|
|
Sunday
|
December 4
|
|
|
Monday
|
December 5
|
Union Picnic Day
|
|
Tuesday
|
December 6
|
RDO
|
SITE CALENDAR 2005
[To be determined by the parties]
SITE CALENDAR 2006
The parties to this award agree to hold discussions during 2005
to determine the 2006 site calendar. It
is agreed that the 2006 site calendar will follow the same principles in
establishing the 2004 and 2005 site calendars that is, to enable whole of
project shutdowns on designated weekends, which correlate with Public holidays
and industry rostered days off.
ANNEXURE A
PARTIES
Part 1
Employers:
Australand Holdings 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 New South Wales Branch
Transport Workers Union New South Wales Branch
Automotive Food Metals Engineering Printing & Kindred
Industries Union New South Wales Branch
ANNEXURE BB
AUTHORITY
TO OBTAIN DETAILS OF WORK RIGHTS FROM DIMIA
|
Employee Details
|
|
Employer / Labour Supplier Details
|
|
(As specified in
passport or other identity
|
|
|
|
document)
|
|
|
|
|
|
|
|
Family Name:
|
|
Business Name:
|
|
|
|
|
|
|
|
|
|
Given Name(s):
|
|
|
|
|
|
|
|
|
|
|
|
Other Name(s) used
(e.g. maiden name):
|
|
|
|
|
|
Business Street Address:
|
|
Date of Birth:
|
|
|
|
|
|
|
|
Nationality:
|
|
|
|
|
|
|
|
|
|
Passport Number:
|
|
|
|
|
|
|
|
|
|
Visa Number:
|
|
|
|
|
|
|
|
|
|
Visa Expiry Date:
|
|
Type of Business:
|
|
|
|
|
|
I authorise the Department of Immigration and
|
|
|
|
Multicultural and Indigenous Affairs (DIMIA) to
|
|
|
|
release the details of my work rights status (that
|
|
|
|
is, my entitlement to work legally in Australia) to
|
|
Name of Contact Person
|
|
the named employer/labour supplier and a
|
|
|
|
representative of a principal contractor and
|
|
|
|
authorised trade union officer on request.
|
|
Telephone:
|
|
|
|
|
|
|
I understand that these details are held by DIMIA
|
|
Fax
|
|
on departmental files and computer systems. I
|
|
|
|
also understand that the employer/labour supplier
|
|
|
|
will use this information for the purposes of
|
|
Note that the employee’s work rights status will
|
|
establishing my legal entitlement to work in
|
|
be sent directly to the fax number given above.
|
|
Australia, and for no
other purpose.
|
|
Please ensure that this number is correct
|
|
|
|
|
|
Employee Signature:
|
|
The completed form should be faxed to
|
|
|
|
1800 505 550
|
|
|
|
|
|
Date:
|
|
If all details match with our records, the
|
|
|
|
Employee’s work rights status will be faxed
|
|
|
|
to you within one working day.
|
|
|
|
|
|
|
|
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.