EASTERN CREEK MUNICIPAL
WASTE TREATMENT PROJECT CONSENT AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Industry Group New South Wales Branch, industrial organisation of
employers and a State Peak Council for Employers.
(No. IRC 1296 of 2004)
|
Before The
Honourable Mr Justice Staff
|
22 March 2004
|
AWARD
1. Arrangement
1. Arrangement
2. Objectives
3. Definitions
4. Application
and Industry Awards
5. Duration
6. Industry Standards
6.1 Superannuation and Redundancy
6.2 Top Up/24 Hour Income Protection Insurance
6.3 Project Site Allowance
6.4 Transport Drivers
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.2 Environment, Health and Safety Plans
7.3 The Safety Committee
7.4 Safety Procedures
7.6 Formwork Safety
7.7 Temporary Power/Testing and Tagging
7.8 Crane Safety
8. Dispute
Resolution
8.1 Employer Specific Disputes
8.2 Project Wide Disputes
8.3 Procedure for Settling Disputes over Safety Issues
8.4 Demarcation Disputes
8.5 On Site Register
8.4 Procedures to prevent Disputes Regarding Non- Compliance
9. Productivity
Initiatives
9.1 Learning Initiatives
9.2 Inclement Weather
9.3 Rostered Days Off
9.4 Maximising Working Time
9.5 Hours of Work
10. Immigration
Compliance
11. Long
Service Compliance
12. No Extra
Claims
13. No
Precedent
14. Single
Bargaining Unit
15. Union
Rights
15.1 Visiting Union Officials
15.2 Workplace Delegates
15.3 Union Membership
16. Australian
Content
17. Protective
Clothing
18. Workers
Compensation and Insurance Cover
19. Apprentices
20. Training
and Workplace Reform
21. Project
Death Cover
22. Anti-Discrimination
23. Personal/Carers
Leave
23.1 Use of Sick Leave
23.2 Unpaid Leave for Family Purpose
23.3 Annual Leave
23.4 Time-off in Lieu of Payment for Overtime
23.5 Make-up Time
23.6 Rostered days off
24. Project
Close-Down Calendar
Annexure A - Parties
Annexure B -
Immigration Compliance
2.
Objectives
2.1 The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of 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;
(g) Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Improved wages
and conditions for all employees working on the project;
(n) Increased
leisure time for employees by eliminating excessive hours of work.
(o) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships.
(p) Encourage all employers to have
Enterprise Agreements with the relevant union or unions.
(q) Work in a safe manner at all times
including properly using all appropriate protective clothing and equipment provided
by the employer for specified circumstances including but not limited to safety
helmet, safety footwear, hearing and eye protection; and
(r) Recognise the requirement of the
employer to have an appropriate mix of classifications and skills during any
hours of work;
(s) Use any technology and perform any
duties which are within the limits of the employee's skill, competence and
training provided that they can be safely and legally performed; and
(t) Follow procedures and co-operate with work
practices designed to deliver safe work and Best Practice outcomes on the
Project; and
(u) Comply with the Grievance Procedure of
this Award.
3. Definitions
"Award" means Eastern Creek Municipal Waste
Treatment Project Consent Award 2003 made between the Parties.
"Contractor" means any Company, Contractor or
Sub-Contractor engaged to do On-site Project Work.
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by a Contractor
and who performs work on the Project.
"Employer" means GRD Minproc Limited and any
subcontractor engaged to work on the Project.
"Enterprise Agreement" means an agreement
registered or certified under the Workplace Relations Act 1996 (CTH) or
approved under the Industrial Relations Act 1996 (NSW).
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" the completion of Project
work up to Mechanical Completion & Pre-Commissioning such that the facility
or part of the facility is ready to accept input material. At this point Global Renewables Eastern
Creek Pty Limited (the Owner) takes responsibility for the operation of the
plant from the Contractor.
Items of plant, equipment or areas related to the Eastern Creek
Municipal Waste Treatment Project and/or any of the systems utilised during the
construction phase may be accepted by the Owner upon completion at any time
during the course of the construction project.
Such items shall, subject to this clause be deemed to pre - commissioned
for the purpose of this construction site Award with the result that The
Owner’s employees may at that time involve themselves with the use and
operation of such equipment and facilities.
It is the responsibility of the Project Manager to issue a
statement of practical completion to the contractor. Any items of work embraced by the above provisions of this clause
shall be clearly identified by area or by other means (such as tags). Subsequent to such identification or such
areas, equipment, systems, facilities, etc. will become the responsibility of
the Owner’s operations.
"Project" means the construction works within the
area or areas within the Eastern Creek Municipal Waste Treatment Project shown
as the project site on the map in Schedule 3.
"Project Work" means site construction work (as
defined by the coverage of Industry Awards) carried out under construction
packages managed by the Project Manager of the Eastern Creek Municipal Waste
Treatment Project, NSW. The following
activities are not considered Project Work under this Award.
Commissioning activities by The Owner and the Project
Manager’s personnel.
Any operational and maintenance related activities
undertaken by the Owners operating team.
Any Off-site work related activities.
"Project Manager" shall mean the owner’s appointed
Design and Construction Contractor, GRD Minproc Limited.
"Safety Committee" means the site safety committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"Unions" means each of the Unions listed in Part 2 of Annexure A.
4. Application and Industry Awards
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 the
Project Manager 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 to co-exist within the terms of
existing Enterprise Agreements and Awards and it’s primary purpose is to
provide a framework for the Employers, the Labor Council and the Unions, to
manage those issues on the Project which affect more than one Employer.
5.
Duration
5.1 This
Award shall operate from the first pay period commencing on or 1November 2003.
5.2 This
Award shall continue to operate and bind all Parties, for 18 months or until
practical completion of the project which ever occurs first.
6.
Industry Standards
6.1 Superannuation and Redundancy
6.1.1 Employer
contributions shall be $100.00 per week from 1 March 2004 or in accordance with
the Superannuation Guarantee Legislation, whichever is the greater.
6.1.2 The Employers
will make a contribution of $61 per week into ACIRT or MERT or other schemes approved by the parties. Employees agree to
contribute $1.00 of their weekly ACIRT contribution to the Construction
Industry Drug and Alcohol Foundation.
6.2 Top Up/24 Hour Income Protection
Insurance
6.2.1 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.
6.3 Project Site Allowance
A project allowance of $2.00 shall be paid to employees
for each hour worked on the project.
This allowance shall be paid as a flat rate amount for each hour worked
and shall not attract any premium or penalty.
This Project Site Allowance is in recognition of all special conditions
on the project site and the work to be performed.
6.4 Transport
Drivers
6.4.1 Employees -
Rates of Pay
It is further agreed that any Transport Worker carrying
out work relating to the Project will be paid, in addition to his/her Award or
Enterprise Agreement rate of remuneration, any applicable Project Site
Allowance, provided that the driver has had a regular involvement of two (2)
hours or more on any day with the project.
6.4.2 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.
6.4.3 GST
Rates paid to contractor’s carriers, including any
applicable project productivity allowance, shall be exclusive of GST. A separate amount equal to 10% of the value
of the remuneration payable shall be paid to the carrier for contracts of
carriage (the GST amount). The total
fee payable to the contract carrier shall be the sum of the remuneration payable and the GST Amount.
7 Environment, Health, Safety and
Rehabilitation (EHS&R)
7.1 Induction
7.1.1 Prior to the
commencement of work on site, all project employees may be required to attend
and undertake the following induction sessions:
Construction Industry Advisory Board (NSW) General
Induction (Green Card)
Eastern Creek Municipal Waste Treatment Project Site
Induction (Compulsory unless accompanied at all times by an inducted
person). Employees will have to
demonstrate a clear understanding of the issues raised in the induction, prior
to beginning actual work.
Where appropriate, a NSW Transport Industry Blue Card.
7.1.2 Officials of
the signatory parties may attend these sessions.
7.1.3 Inductions are
primarily concerned with the safety of the individual employee and will
emphasise their responsibility to work in a manner that does not endanger
either themselves or others. Other information the inductions will provide
includes;
the scope, purpose and anticipated duration of the
project.
this Award and how it governs the contract of
employment of each employee
compliance with the requirements for legislative,
employer, employee and environmental standards
the cooperative objectives of this Award
the specific dispute resolution procedures of this
Award.
7.2 Environment,
Health and Safety Plans
7.2.1 All Employers
must submit an environment, health safety and rehabilitation management
plan. These Plans shall in general
comply with the Project Managers Environmental and safety Management Plans and
shall include evidence of:
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 EHS&R meetings, inspections and audits of the Project.
7.3 The Safety Committee
7.3.1 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 an approved
provider.
7.4 Safety Procedures
7.4.1 The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
7.4.2 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) may implement disciplinary action against the Employer or
Employee which may include taking all steps required to remove the Employer or
Employee from the Project.
7.4.3 The Parties
agree that pursuant to the Code of Practice, in the event that an unsafe
condition exists, work is to continue in all areas not affected by that
condition and those employers may direct employees to move to a safe place of
work. No employee will be required to work in any unsafe area or situation.
7.4.4 Safety issues
disputes shall be resolved in accordance with the procedures outlined in Clause
8.3.
7.6 Formwork
Safety
All persons engaged on the erection or
dismantling of formwork will have the relevant WorkCover Formwork Certificate
of Competency. Where an employee does
not have a Certificate of Competency Comet will be contacted to assess the
qualifications of the relevant employee.
7.7 Temporary
Power/Testing and Tagging
In order to maintain the highest standards
of safety in regard to the use of electricity during construction, it is agreed
that the temporary installation is installed strictly in accordance with AS
3012 (1995). All work is to be carried
out by qualified electrical tradesperson.
Testing and tagging is to be carried out only by qualified electrical
tradesperson.
7.8 Crane
Safety
The Parties acknowledge that certification
of mobile cranes by Cranesafe Australia (NSW) is a new industry initiative to
improve crane safety in the construction industry.
The Parties agree that no mobile cranes will
be allowed onto the project site unless it has been certified by Cranesafe
Australia (new South Wales). Such
cranes will be require to display their current Cranesafe inspection label.
8.
Dispute Resolution
One of the aims of this Award is to eliminate lost time in the
event of a dispute and to achieve prompt resolution of any dispute.
8.1 Employer
Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employee (s) or their representative
Union, the following procedure will be adopted:
8.1.1 Discussion
between those directly affected;
8.1.2 Discussion
between site management representatives of the Employer and the Union delegate;
8.1.3 Discussion
between site management representatives of the Employer and the Union
organiser;
8.1.4 Discussion
between senior management of the Employer, the Project Manager and the
appropriate Union official;
8.1.5 Discussion
between the Secretary of the relevant Union (or nominee) and the Project
Managers senior management (or nominee);
8.1.6 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).
8.1.7 Work shall
continue without interruption or dislocation whilst the above
procedure is followed concerning the dispute.
8.2 Project
Wide Disputes
In the event of a dispute or conflict effecting more
than one Employer occurring, the following procedure will be adopted:
8.2.1 Discussion
between those directly affected;
8.2.2 Discussion
between site management representatives of the contractor and the Union
delegate;
8.2.3 Discussion
between site management representatives of GRL and the Union organiser;
8.2.4 Discussion
between senior management of GRL and the appropriate Union official;
8.2.5 Discussion
between the Secretary of the relevant Union (or nominee) and GRL senior
management (or nominee) and Australian Industry Group;
8.2.6 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).
8.2.7 Work shall
continue without interruption or dislocation whilst the above
procedure is followed concerning the dispute.
8.3 Procedure
for Settling Disputes over Safety Issues
8.3.1 Where
a safety problem exists, work shall cease only in the affected area. Work shall
continue elsewhere unless access to safe working areas is unsafe. However, any
problem of access shall be immediately rectified and Employees/workers will use
any alternate safety access to such safe working areas while the usual access
is being rectified.
8.3.2 Should
a particular project be in dispute on the basis that the whole project is
thought to be unsafe, the following procedures shall apply -
Employees shall not leave the site but shall
assemble at the nominated muster point.
Immediate inspection of the project
involving both Company and Employee representatives shall take place.
The Project Manager will nominate the Order
of priority of the work areas to be inspected.
The inspection shall identify the safety
rectification work needed to take place in each work zone.
As zones are agreed for rectification, all
employees/workers who can be gainfully employed shall immediately commence
rectification works.
Upon verification that such rectification
has been completed, productive work will resume. Such resumption of work shall
take place progressively as each work area has been cleared.
Should any dispute arise then the Project
Manager may call a Work Cover Inspector to assist on the procedures required
for rectification.
8.4 Demarcation
Disputes
8.4.1 It is
recognised by the parties to this Award that because of the nature of this project
(i.e. the mix of work, size of the total work area and location involved),
there is a genuine need to have in place a mechanism capable of swiftly dealing
with a demarcation issues as they arise.
8.4.2 In the event
that a dispute arises which cannot be resolved between the relevant Union, the
Unions agree to the following dispute settling procedures:
Work shall continue without disruption or dislocation
during discussions and resolution of the dispute:
Discussion between the Labour Council of New South
Wales and the Unions to try to resolve the dispute:
If the dispute is not resolved after this step, either
Union may notify the dispute to the Industrial Relations Commission of New
South Wales and request that the Commission resolve the dispute pursuant to its
powers set out in the Industrial Relations Act 1996 (NSW).
8.5 On Site Register.
8.5.1 The Project Manager will require that all
Contracts with contractors include the following terms and conditions -
That all
contractors shall have contracts in writing, and
That this
Award shall form part of the conditions of such contracts, and bind all such
contractors and sub-contractors, and
That
sub-contractors will be required to meet all statutory, Agreement award and
legal obligations for their employees.
8.5.2 The Project Manager shall instruct each
contractor to keep, on site a register containing information of every employer
and employee engaged on the site. Each contractor shall supply a copy to the
Project Manager
8.5.3 The Register shall contain the following
from Employees;
Name and
address of Employee
Classification
and Certificate details
Induction date
Start Date on
Construction Site
Union ticket
number
Superannuation
scheme name and employee number
Long Service
Leave Number
Uplus or
equivalent Number
Green Card
Number
8.5.4 This information, certified as correct to
their employer, will be supplied prior to the employee commencing work on site.
Contractors will pass the information to the Project Manager
8.5.5 Failure to comply with this clause may
result in employees being removed from the Project.
8.5.6 The Register shall contain the following
information from employers;
Registered
business name and address of employer and ABN number.
Workers Compensation
Policy Number, Underwriter and Currency Certificate.
Public
Liability Policy Number, Underwriter and Currency Certificate.
Superannuation
Fund Name and employer number.
Long Service
Leave employer number.
Redundancy,
Trust name and employer number.
Uplus or
equivalent Number.
8.5.7 This information, certified as correct and
current, shall be provided to the Project Manager prior to the commencement of
work on site by an employer/contractor.
8.5.8 Failure to comply with this clause may result
in persons being removed from the Project.
8.5.9 A copy of these Registers will be available
on request to an accredited trade union officer or site delegate.
8.5.10 The union delegate or union official shall
advise the Project manager if they believe some information on the Register is
not correct.
8.5.11 Any dispute concerning non compliance shall
be resolved in accordance with the dispute settling procedures of this Award.
8.6 Procedures to Prevent Disputes Regarding
Non Compliance
8.6.1 Where non-compliance by a subcontractor is
suspected, the Project Manager will provide the accredited Project delegate(s)
with evidence of compliance by the subcontractor companies for superannuation,
redundancy and extra insurance to ensure payments for employees have been made
as required. The Project Manager will
provide the Project Delegate(s) with evidence of compliance that the employer
has not introduced arrangements such as and not limited to ‘all-in’ payment and
or ‘cash-in-hand’ payments, (i.e. payments designed to avoid tax and other
statutory obligations and sham subcontract arrangements. Where such practices are identified the
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 entitlements.
8.6.2 Each subcontractor engaged on site will be
specifically advised and monitored in respect of payroll tax and required to
comply with their lawful obligations.
8.6.3 In accordance with Section 127 of the
Industrial Relations Act of NSW, Section 175(b) of the Worker’s Compensation
Act 1987 or Part 5B s1G-31J of the Payroll Tax Action 1971 the Project
Manager will obtain all applicable Subcontractors Statements regarding workers’
compensation, payroll tax and remuneration.
A copy of these statements will be available on request to an accredited
trade union officer or site delegate.
8.6.4 The union delegate or union official shall
advise the Project Manager if they believe the information which has been
provided by the subcontractor is not correct.
8.6.5 Any dispute concerning non-compliance shall
be resolved in accordance with this clause.
8.6.6 If an employer is identified as paying
his/her employees on the project site "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 any other entitlements, industrial
instruments or legislation which may apply to such employees for the duration
of the project.
9. Productivity Initiatives
9.1 Learning Initiatives
Each Employer shall be required to demonstrate to GRL
implementation of commitment to skill enhancement and workplace reform while working on the Project.
9.2 Inclement Weather
9.2.1 The parties to
this Award will collectively proceed towards the minimisation of lost time due
to inclement weather.
9.2.2 Further the
parties are bound to adopt the following principles with regards 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 Employees skill, competence and
training consistent with the relevant classification structures (provide that
the Employer shall provide transport to such unaffected site or area where
necessary)
(iii) Where the
initiatives described in (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;
9.2.3 All Parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
9.2.4 The Parties
agree the practice of "one out, all out" will
not occur.
9.3 Rostered Days Off
9.3.1 Subject to
Clause 25 a procedure for the implementation of Rostered Days Off (RDO's) will
be agreed on the Project. The purpose
which is to:
(a) increase the
quality of working life for Employees;
(b) enable the
Employer to meet his contractual obligations; and
(c) increase the
productivity of the Project.
9.3.2 A roster of
RDO's will be prepared, following consultation with the workforce and parties
to this Award;
9.3.3 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;
9.3.4 Where
practicable, Saturday work prior to the published industry
RDO's will not be worked.
9.4 Maximising Working Time
9.4.1 The Parties
agree that crib and lunch breaks may be staggered for Employees so that work
does not cease during crib and lunch.
There will be no unreasonable interruption of the comfort of employees
having lunch with the amenities to be maintained in a clean and hygienic state
at all times.
9.5 Hours of Work
9.5.1 Ordinary hours
for day work may be worked at the discretion of the employer between 6.00am and
6.00pm Monday to Friday. However, ordinary
hours may commence from 5.00am by agreement between the Employer and Employee.
10. Immigration Compliance
10.1 The Parties are
committed to compliance with Australian immigration laws so as to ensure
maximum work opportunities for unemployed permanent residents and Australian
citizens. Employers will be advised by
the Project Manager of the importance of immigration compliance. Where there is concern that illegal immigrants
are being engaged by a contractor on the Project, the Project manager will act
decisively to ensure compliance.
10.2 Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorization
form attached to this Award as per Appendix B will assist in providing evidence of the employee’s legal status.
11. Long Service Compliance
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.
12. No Extra Claims
No claims for wages or conditions in
excess of this Award during its period of operation will be made.
No employee shall
be entitled to seek conditions in addition to those provided by this Award on
the basis that any other employee has received the benefit of provisions of an
Enterprise Agreement that provides better benefits than this Award
13. No Precedent
The Parties agree not to use this Award as a precedent and
that this Award will in no way create a claim for flow-on of on-site wage rates
and conditions.
14. Single Bargaining Unit
This Award was negotiated by the Labor Council of New South
Wales on behalf of the Unions and by GREC and GRD Minproc in their own right
and on behalf of subcontractors to be engaged on the project.
15. Union Rights
15.1 Visiting Union
Officials
15.1.1 The Parties to this award acknowledge the right of
employees to be active union members and respect the right of the union to
organize and recruit employees. The Parties
to this award also acknowledge that good communication between the union
official, the delegate and its members is an important mechanism in assisting
the parties to resolve grievances and disputes in a
timely fashion.
15.1.2 Accredited Union Officials will have access to the site
in accordance with the relevant State or Federal Legislation.
15.1.3 Prior to entry to the Project Site all Union Officials
exercising their right of entry will report to the Project Manager’s
office. Union Officials will be subject
to the Site Access Procedures which requires, amongst other things, that any
person who has not completed the site induction cannot enter or move around the
site unless accompanied at all times by someone who has been fully inducted.
15.2 Workplace
Delegates
Definition -
In this clause the expression "delegate"
means an employee who is the accredited representative of the Union at an
employer’s work place, and if there is more than one delegate in respect of the
workforce 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.
15.2.1 Rights of the
Delegate
(a) The parties
acknowledge it is the sole right of the Union(s) and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the Union(s) at the site.
(b) The delegate
shall have the right to approach or be approached by any employee of the
contractor to discuss industrial matters with that employee during normal
working hours.
(c) The delegate
shall have the right to communicate with members of the Union in relation to
industrial matters without impediment by the contractor. 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.
(d) 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.
(e) 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;
up to 10 days paid time off work to attend relevant
Union training courses;
time off to attend meetings of delegates in the
industry, as authorized by the relevant union.
(f) The employer
of a delegate shall provide to the delegate the following:
a lockable cabinet for the keeping of records;
access to a meeting room;
use of the telephone for legitimate union business;
(g) Time off shall be
provided to a delegate where required to attend any Court or Industrial
Tribunal proceedings relating to industrial matters at the project.
15.3 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) 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 with access to talk to new employees at induction training;
(c) Ensure that
all supervisors are trained in the provisions of the Project Award and the
employer’s policy on union membership.
16. Australian Content
16.1 The Project
Manager shall endeavour to maximise Australian content in materials and
construction equipment on the Project where practical and feasible.
17. Protective Clothing
17.1 Mandatory
Equipment
Employers shall provide their Employees
engaged on the site with legally produced Australian made protective clothing
and footwear where these are available and price competitive with imported
items. Employers shall consult with the Labour Council of NSW for a list of
Australian manufacturers who do not use illegal or exploited labour in the
manufacture of their work clothes.
All employees engaged to work on site shall
be supplied with appropriate safety footwear and safety helmets before
commencing work on a project.
Failure by an employee to use/wear safety
equipment and clothing may result in termination.
These items must be worn at all times as
instructed during the site induction process.
Helmets must not be painted, drilled or
modified in any way.
Damaged and/ or worn footwear and helmets
will be replaced on a fair wear and tear basis.
17.2 Job
- Related Equipment
The employer will supply the following
protective equipment/materials for use on specific work tasks:
Factor 30 protective sun screen;
Hearing protection;
Eye protection;
Gloves; Safety harnesses; Gumboots; Hat
Brims; Dust Masks;
Iced water and container.
In addition, one (1) pair of UV-rated safety
glasses which conform to AS 1337 will be provided to employees who are required
to work on reflective surfaces outdoors.
Glasses will be replaced on a fair wear and tear basis.
17.3 Clothing
Issue
Protective clothing will be available to all
employees upon commencement with the project. Wherever possible the clothing
will be Australian made.
The protective clothing will be:
2 shirts and 2 pairs of trousers; or
2 shirts and 2 pairs of bib and brace
overalls
Plus 1 warm water-resistant jacket which
will be issued between 1 May and 1 September.
Electricians will be issued with a wool jacket in lieu there of.
Provided that the parties agree that in some
occupations e.g. welding employees it is not appropriate by reason of safety
considerations for employees to wear shorts and/or short sleeved shirts. Such employees will be required to wear long
trousers and long sleeved shirts.
It is a condition of issue and of employment
that the issued equipment shall be worn whilst on site. Replacement of issued
equipment that is lost by the employee is the responsibility of the employee.
Replacement of any articles shall be on a
fair wear and tear basis provided the worn out item is produced for
replacement.
Employees who receive their issue of
protective safety footwear as part of their employer’s policy will not be
entitled to additional issues under this Clause.
In the event that protective clothing is not
provided by the employer (contractor, sub-contractor or supplier of
supplementary labour) within 24 hours of commencement it will upon request, be
provided by the Project Manager who will charge the employer 125% of cost.
18.
Workers Compensation and Insurance Cover
18.1 Employers must
ensure that all persons that they engage to work on the project are covered by
workers compensation insurance.
18.2 The
Project Manager will audit 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 accredited Union officials on request.
18.3 Employers
and their Employees must comply with the following steps to ensure expedited
payment of workers compensation.
18.4 All
Employees will report injuries to the project first aid and their supervisor at
the earliest possible time after the injury.
18.5 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.
18.6 In
cases where the Employee is unable to comply with the above, the relevant
employer will assist in fulfilling requirements for making a claim.
18.7 Employers
must ensure that they are aware of and will abide the Workplace Injury
Management and Workers Compensation Act 1998, which provide that:
The Employer shall keep a register of
injuries /site accident book in a readily accessible place on site;
All Employees must enter in the register any
injury received by the Employee. The
Employer must be notified of all injuries on site immediately.
An Employer who receives a claim for
compensation, must within seven (7) days of receipt, forward the claim or
documentation, to their insurer;
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.
An Employer who has received compensation
money from an insurer shall as soon as practicable pay the money to the person
entitled to the compensation.
18.9 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.
Apprentices
19.1 As part of the
Project’s commitment to industry training, a ratio of one apprentice/ trainee
to every five tradespersons within each Employer’s workforce is to be
maintained.
20. Training and Workplace Reform
20.1 The Parties are
committed to achieving improvements in productivity and innovation through
cooperation and reform. Employers are
expected to demonstrate their commitment to develop a more highly skilled
workforce by providing their Employees with career opportunities through
appropriate access to training and removing any barriers to the use of skills
acquired.
21.
Project Death Cover
21.1 Each
Employer 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
days (14) of the production of appropriate documentation. This payment shall be in addition to any
other entitlement that might be paid to the beneficiary as a consequence of the
death of the employee.
22.
Anti-Discrimination
22.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace.
22.2 This includes
discrimination on the ground of race, sex, martial 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 discriminatory in their effects. It will be consistent with fulfilment of
these obligations for the parties to make application to vary any provision of
the Award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
22.4 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an Employee because the Employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
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.
Personal/Carers Leave
23.1 Use
of Sick Leave
(a) An Employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in clause 24.1 (c)(ii) who needs the Employee’s care and support,
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, for absences to provide care and support, for
such persons when they are ill. Such
leave may be taken for part of a single day.
(b) The Employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an Employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
a spouse of the Employee; or
a de facto spouse, who, in relation to a person, is a
person of the opposite sex to the first mentioned person who lives with the
first mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
a child or an adult child (including an adopted child,
a step child, a foster child or an ex-nuptial child), parent (including a
foster parent and legal guardian) grandparent, grandchild or sibling of the
Employee or spouse or de facto spouse of the employee; or
a same sex partner who lives with the Employee as the
de factor partner of that Employee on a bona fide domestic basis; or
a relative of the Employee who is a member of the same
household, where for the purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other: and
"household" means a family group living in
the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that person’s
relationship to the Employee, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the Employee to give
prior notice of absence, the Employee shall notify the Employer by telephone of
such absence at the first opportunity on the day of absence.
23.2 Unpaid
Leave for Family Purpose
(a) An Employee may elect, with the consent
of the Employer, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in 25.1 (c)(ii) above who is
ill.
23.3 Annual
Leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays
Act 1944 (NSW), to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph 24.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under this Award.
(c) An Employee
and Employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave
days are taken.
23.4 Time-off
in Lieu of Payment for Overtime
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph 24.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with paragraph 24.4(a), the Employee shall be
paid overtime rates in accordance with the award.
23.5 Make-up
Time
(a) An Employee
may elect, with the consent of the Employer, to work "make up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award at
the ordinary rate of pay.
(b) An Employee on
shift work may elect, with the consent of the Employer, to work "make up
time" (under which the Employee takes time off ordinary hours and works
those hours at a later time at a later time), at the shift work rate, which
would have been applicable to the hours taken off.
23.6 Rostered
days off
(a) An Employee may
elect, with the consent of the Employer, to take a rostered day off at any
time.
(b) An Employee
may elect, with the consent of the Employer, to take rostered days off in part
day amounts.
(c) An Employee
may elect, with the consent of the Employer, to accrue some or all-rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the Employer and Employee, or subject to reasonable notice by
the Employee or the Employer.
(d) This subclause
is subject to the Employer informing each Union which is both party to the
Award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the Unions to participate in
negotiations.
24.
Project Close-Down Calendar
24.1 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.
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
|
ANNEXURE A
PARTIES
Part 1
Employers:
Global Renewables Eastern Creek Pty Limited, GRD Minproc
Limited and contractors and sub-contractors engaged 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
Electrical Trades Union of Australia (NSW Branch)
Transport Workers Union (TWU)
Automotive Food Metals Engineering Printing &
Kindred Industries Union (AMWU)
Communications, Electrical and Plumbing Union (CEPU -
NSW Branch)
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: 1800 040 070
|
Fax: 1800 505 550
|
C. G. Staff J.
____________________
Printed by
the authority of the Industrial Registrar.