LABOR COUNCIL OF NEW SOUTH
WALES RHODES WATERSIDE PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Labor
Council of New South Wales, State Peak Council for Employees.
(No. IRC 2146 of 2004)
Before The Honourable
Justice Walton, Vice-President
|
28 April 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
6.3
(a) Productivity allowance
(b) Transport Drivers
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.2 Environment, Health and Safety Plans
7.3 The Safety Committee
7.4 Safety Procedures
7.5 OH&S Industry Induction
7.6 Formwork Safety
7.7 Temporary Power/Testing and Tagging
7.8 Crane Safety
7.9 Hoist Operation
8. Dispute
Resolution
8.1 Employer specific disputes
8.2 Project Wide Disputes
8.3 Demarcation Disputes
8.4 Procedures to prevent Disputes Regarding Non-Compliance
9. Monitoring
Committee
10. Productivity
Initiatives
10.1 Learning Initiatives
10.2 Inclement Weather
10.3 Rostered Days Off
10.4 Maximising Working Time
10.5 Hours of Work
11. Immigration
Compliance
12. Long
Service Compliance
13. No Extra
Claims
14. No
Precedent
15. 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
Annexure B
2.
Objectives
2.1 The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued
development of communication processes, which facilitate participation by all
Employers, Employees and Unions
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees.
(g) Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Increased
leisure time for employees by eliminating excessive hours of work.
(n) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships
(o) Increased efficiency and productivity
(p) Adherence to the dispute settling
procedures under this Award and other applicable industrial instruments
(q) Improved wages and conditions for all
employees working on the Project
2.2 This Award is to provide a platform for
successful and timely construction of the Project and the creation of a
framework for cooperation between Employees, Unions and Walker Group
Construction Pty Limited on the Project.
Such cooperation will be characterised by consultation and the
elimination of disputation and lost time.
2.3 An objective of the Unions is for
Employers to enter into Enterprise Agreements with the appropriate Unions.
3. Definitions
"Award" means this Rhodes Waterside Project Award
made between the Parties.
"Commission" means the Industrial Relations
Commission of New South Wales.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means Walker Group Constructions Pty
Limited and any subcontractor engaged by Walker Group Constructions Pty Limited
to work on the Project.
"Enterprise Agreement" means an agreement
registered or certified under the Workplace Relations Act 1996 (CTH) or
approved under the Industrial Relations Act 1996 (NSW).
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Monitoring Committee" means the committee
established in accordance with this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Project" means the construction works contracted
to Walker Group Constructions Pty Limited as the Head Contractor located at
Rhodes Waterside, New South Wales.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by Walker Group Constructions Pty Limited
from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"Subcontractor" means any person, company or
organisation who is engaged by the Walker Group Construction Pty Limited to
perform work on the project but only for the period during which they are
engaged by the Walker Group to work on the Project.
"Unions" means each of the Unions listed in Part 2 of Annexure A.
"Walker Group
Construction Pty Limited" means Walker Group Construction Pty Limited of 1
Mary Street, Rhodes, New South Wales.
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 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.
4.3 Where
Walker Group Constructions Pty Limited engages a subcontractor after the date
of this Award, it will make it a condition of any contract that it enters into
with that subcontractor, 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.
4.4 The
Parties acknowledge that from the date of this Award, its terms will form part
of the tender documentation for all subcontractors engaged by Walker Group
Constructions Pty Limited as Head Contractor to work on the Project.
5.
Duration
5.1 This Award
shall operate on and from 1 April 2004 until Practical Completion.
6.
Industry Standards
6.1 Superannuation and Redundancy
(a) The Parties
acknowledge that a contribution of
$95.00 per week or 9% of ordinary time earnings (whichever is the
greater) will be made to the superannuation fund nominated in the relevant
industrial instruments being C+BUS; NESS; STA, TWU or other schemes approved by
the Parties. The above contribution
will increase so that the minimum payment made for superannuation shall be
$100.00 from 1 July 2004. These
payments satisfy the Employer's obligations to make superannuation
contributions under any other industrial instrument and under the applicable
Superannuation Guarantee Legislation.
(b) The Employers
will make a contribution of $61 per week into ACIRT or MERT or other schemes approved by the Parties.
6.2 Top Up/24 Hour Income Protection
Insurance
(a) Each Employer
will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with
the CTAS scheme or other similar schemes, which are approved by the Parties to this Award.
6.3 Project Productivity Allowance
(a) Subject to the
Parties complying with the terms and objectives of this Award and subject to
clause 6.3(b) below, the Employer will pay a project productivity allowance for
persons engaged on the Project of $2.00 for each hour worked on the
Project. This allowance will be paid on
an hours worked basis only and will not attract any premium or penalty. The productivity allowance referred to in
this clause is not intended to affect any equivalent allowance otherwise
payable under a building award or enterprise agreement (as defined in clause
3.)
(b) Transport
Workers
(i) Transport
Worker - Productivity Allowance
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, the Project productivity allowance
referred to above, provided that the Transport Worker has had an involvement of
two (2) hours or more on any day with the Project.
(ii) 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 Project site.
(iii) GST
Rates paid to Contract Carriers, including any
applicable project productivity allowance, shall be exclusive of GST. A separate amount equal to 10% of the value
of the remuneration payable shall be paid to the carrier for contracts of
carriage (the GST amount). The total
fee payable to the contract carrier shall be the sum of the remuneration payable and the GST Amount.
7. Environment, Health, Safety and
Rehabilitation (EHS&R)
7.1 Induction
(a) All Employees
must attend an agreed EHS&R site induction course on commencement of
engagement on site.
(b) All transport
workers involved on the Project shall undertake an appropriate Blue Card
Induction Program conducted by a licensed Blue Card Training Provider.
7.2 Environment, Health and Safety Plans
(a) All Employers
must submit an environment, health safety and rehabilitation management
plan. These plans should include
evidence of:
(i) risk
assessment of their works;
(ii) hazard
identification, prevention and control;
(iii) planning and
re-planning for a safe working environment;
(iv) industry and
trade specific induction of Employees;
(v) monitoring
performance and improvement of work methods;
(vi) reporting of
all incidents/accidents;
(vii) compliance
verification; and
(viii) regular
EHS&R meetings, inspections and audits of the
Project.
7.3 The Safety Committee
(a) A Safety
Committee will be properly constituted in accordance with the Occupational
Health and Safety Act. All members of
the safety committee will undertake agreed Occupational Health and Safety
training with accredited training providers.
7.4 Safety Procedures
(a) The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
(b) If the Project
Manager or the Safety Committee is of the opinion that an Employee or Employer
has committed a serious breach of an applicable Environment Health and Safety
Policy or a relevant safety management plan (or any other agreed safe working
procedures), the Project Manager (or the Project Manager on recommendation from
the Safety Committee) will implement disciplinary action against the Employer
or Employee which may include taking all steps required to remove the Employer
or Employee from the Project.
(c) The Parties
agree that in the event that an unsafe working condition arises, productive
work is to continue in all areas not affected by that condition and those
employers may direct employees to move to a safe place of work. No employee will be required to work in any
unsafe area or situation.
7.5 OH&S
Industry Induction
No person will be engaged on site unless he/she has
completed the WorkCover NSW Accredited OH&S
Industry Induction Course.
7.6 Formwork
Safety
All persons engaged on the erection or
dismantling of formwork will have the relevant WorkCover Formwork Certificate
of Competency. Where an employee does
not have a Certificate of Competency, an accredited organisation 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 tradespersons.
Testing and tagging is to be carried out only by qualified electrical
tradespersons.
7.8 Crane
Safety
No mobile crane will be allowed on the
project site unless it has been certified by Cranesafe Australia (New South
Wales). Such cranes will be required to
display their current Cranesafe inspection label.
7.9 Hoist
Operation
The Parties agree that where the personnel
hoists provided on the Project cease to work or break down, as a temporary
measure, the Employer, the Safety Committee and the Site Delegate shall
determine whether it is possible for Employees to access their relevant work
areas. The Parties agree that no
restriction will be imposed on an Employee who is able to safely access their
work area by alternative means.
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 Employees or their representative
Union, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of the Employer and the Union delegate;
(c) Discussion
between site management representatives of the Employer and the Union organiser;
(d) Discussion
between senior management of the Employer, Walker Group Constructions Pty
Limited and the appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Walker Group
Constructions Pty Limited NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), parties to the Award may notify the
dispute to the appropriate Industrial Relations Commission;
(g) Work shall
continue without interruption or dislocation during discussion and negotiations concerning the dispute.
8.2 Project
Wide Disputes
In the event of a dispute or conflict affecting more
than one Employer occurring, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of the relevant Employer, Walker Group
Constructions Pty Limited and the Union delegate;
(c) Discussion
between site management representatives of the relevant Employer, Walker Group
Constructions Pty Limited and the Union organiser;
(d) Discussion
between senior management of the relevant Employer, Walker Group Constructions
Pty Limited and the appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee), Walker Group Constructions
Pty Limited and the relevant Employer NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), parties to the Award may notify the
dispute to the relevant Industrial Relations Commission;
(g) Work shall
continue without interruption or dislocation during discussion and negotiations concerning the dispute.
8.3 Demarcation
Disputes
In the event that a dispute arises which cannot be
resolved between the relevant Unions, the Unions agree to the following dispute
settling procedure:
(a) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes;
(b) Discussion
between the Labor Council of New South Wales and the Unions to try to resolve
the dispute;
(c) If the dispute
is not resolved after step (b), either Union may notify the dispute to the
Industrial Relations Commission of New South Wales and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations
Act 1996 (NSW).
8.4 Procedures to prevent Disputes Regarding
Non- Compliance
(a) Walker Group Constructions Pty Limited
in association with the accredited site union delegate will check monthly
payments of subcontractors companies engaged on site in relation to
superannuation, redundancy and extra insurance to ensure payments for employees
have been made as required. Walker
Group Constructions Pty Limited and site delegate shall also check that Employers
have not introduced arrangements such as and not limited to ‘all-in’ payment
and or ‘cash-in-hand’ payments, (i.e. payments designed to avoid tax and other
statutory obligations and sham subcontract arrangements.) Where such practices are identified Walker
Group Constructions Pty Limited will take immediate steps to ensure that any
such arrangements are rectified and that any Employee affected by any such
arrangement receives all statutory entitlements.
(b) Each subcontractor engaged on site will
be specifically advised and monitored in respect of payroll tax and required to
comply with their lawful obligations.
(c) In accordance with Section 127 of the Industrial
Relations Act 1996, Section 175(b) of the Workers’ Compensation Act
1987 or Part 5B s1G-31J of the Payroll Tax Act 1971 the principal
contractor will obtain all applicable Sub-Contractors 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.
(d) The union delegate or union official
shall advise Walker Group Constructions Pty Limited if they believe the
information which has been provided by any sub-contractor is not correct.
(e) Any dispute concerning non-compliance
shall be resolved in accordance with the dispute settling procedures of this
award.
9. Monitoring Committee
9.1 The Parties
may establish a committee to monitor the implementation of this Award. The Monitoring Committee will have 2
representatives from Walker Group Constructions Pty Limited, 2 representatives
from other Employers, 2 Employee representatives and 1 representative from the
Labor Council or Union.
9.2 This
Monitoring Committee if established will meet at monthly intervals or as
required during construction on the Project.
9.3 The Monitoring
Committee will consider ways in which the aims and objectives of this Award can
be enhanced, which may include, but not be limited to discussion of:
(a) developing
more flexible ways of working;
(b) enhancing
occupational health and safety;
(c) productivity
plans, and
(d) compliance
with Award and other statutory requirements by employers.
9.4 If the
principles of this Award are not being followed, the Committee will develop a
plan in consultation with the Parties, to implement the intent of the Award.
10. Productivity Initiatives
10.1 Learning Initiatives
Each Employer shall be required to demonstrate to
Walker Group Constructions Pty Limited implementation of commitment to skill
enhancement and workplace reform while working on the
Project.
10.2 Inclement Weather
(a) The Parties to
this Award will collectively proceed towards the minimisation of lost time due
to inclement weather.
(b) Further, the
Parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful work is available in that area or site
and that work is within the scope of the Employee’s skill, competence and
training consistent with the relevant classification structures (provided that
the Employer shall provide transport to such unaffected area where necessary);
(iii) Where the
initiatives described in (b) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
(iv) All Parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
(v) The Parties
agree the practice of "one out, all out" will
not occur.
10.3 Rostered Days Off
(a) Subject to
Clause 25 a procedure for the implementation of Rostered Days Off (RDOs) will
be agreed on the Project. The purpose
which is to:
(i) increase the
quality of working life for Employees;
(ii) increase the
productivity of the Project; and
(iii) increase
flexibility for the Project.
(b) A roster of
RDO's will be prepared, following consultation with the workforce and Parties
to this Award.
(c) Records of
each Employee’s RDO accruals will be recorded on the employees pay slip and
copies made available to the Employee, the Employee’s delegate or union
official upon request. It is acknowledged that different arrangements in
relation to the banking of RDO's may apply to members of the CEPU.
(d) Where practicable,
Saturday work prior to the published industry RDO's
will not be worked.
10.4 Maximising Working Time
(a) The Parties
agree that crib and lunch breaks may be staggered for Employees so that work
does not cease during crib and lunch.
There will be no unreasonable interruption of the comfort of employees
having lunch with the amenities to be maintained in a clean and hygienic state
at all times.
10.5 Hours of Work
(a) Ordinary hours
of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to
Friday. However, ordinary hours may
commence from 5.00am by agreement between the Employer,
Employee and relevant Union.
11. Immigration Compliance
11.1 The Parties are
committed to compliance with Australian immigration laws so as to ensure maximum
work opportunities for unemployed permanent residents and Australian
citizens. Employers will be advised by
Walker Group Constructions Pty Limited of the importance of immigration
compliance. Where there is concern that illegal immigrants are being engaged by
an employer on the Project, Walker Group Constructions Pty Limited will act
decisively to ensure compliance.
11.2 Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorization
form attached to this Award as per Appendix B will assist in providing evidence of the employee’s legal status.
12. Long Service Compliance
12.1 If applicable,
and in accordance with the NSW Building and Construction Industry Long Service
Leave Act, no Employee will be engaged on site unless he or she is a worker
registered with the NSW Long Service Payments Corporation . All Employers (if applicable) engaged on
site will be registered as employers in accordance with the NSW Building and
Construction Industry Long Service Payments Act and will strictly comply with
their obligations.
13. No Extra Claims
13.1 The Parties
agree that they will not pursue extra claims in respect of matters covered by
this Award (including but not limited to any claim for a disability allowance)
during the term of this Award.
14. No Precedent
14.1 The Parties
agree not to use this Award as a precedent and that this Award will in no way
create a claim for flow-on of on-site wage rates and conditions.
15.
Union Rights
The Parties to this award acknowledge the right of Employees
to be active union members and respect the right of the union to organize and
recruit employees. The Parties to this
award also acknowledge that good communication between the union official, the
delegate and its members is an important mechanism in assisting the parties to
resolve grievances and disputes in a timely fashion.
15.1 Visiting Union Officials
(a) Union
officials (party to this Award) when arriving onsite, shall call at the site
office and introduce themselves to a Management representative of the Employer,
prior to pursuing their union duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant Building Awards, the Occupational Health and Safety Act and
Regulations, and other statutory/legislative obligations for entry to the site.
(c) Union
officials with the appropriate credentials shall be entitled to inspect all
such wage records, other payment records and related documentation necessary to
ensure that the Employers are observing the terms and conditions of this Award.
(d) All such wages
books and other payment records shall be made available within 48 hours on site
or at another convenient, appropriate place, provided notice is given to the
Employers and the Project Manager by the Union.
(e) Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Building Awards, Enterprise Agreements or the Industrial
Relations Act 1996 (NSW).
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.
(a) Rights of the
Delegate
(i) The parties
acknowledge it is the sole right of the Union and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the Union at the site.
(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;
(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 it is outside of
normal working hours or results 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;
disrupting duly organised meetings.
(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;
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.
(v) In order to
assist the delegate to effectively discharge his or her duties and
responsibilities, the delegate shall be afforded the following rights:
the right to reasonable communication with other
delegates, union officials and management in relation to industrial matters,
where such communication cannot be dealt with or concluded during normal breaks
in work;
at least 10 days paid time off work to attend relevant
Union training courses/forums;
paid time off to attend meetings of delegates in the
industry, as authorized by the relevant union.
(vi) The Employer of
a delegate shall provide to the delegate the following:
a lockable cabinet for the keeping of records;
a lockable notice board for the placement of Union
notices at the discretion of the delegate;
where practicable, i.e. on large sites, a union office;
where a union office room is not practicable, access to
a meeting room;
use of the telephone for legitimate union business;
from existing resources, and when required access to -
a word-processor, typewriter, or secretarial support at
the workplace;
personal computers (PC), CD ROM, E-mail and the
Internet at the workplace;
a photocopier or facsimile machine.
(vii) There shall be
no deduction to wages where the Union requires a delegate to attend any Court
or Industrial Tribunal proceedings relating to Industrial matters at the
workplace.
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) If requested by
an Employee, provide payroll deduction services for union fees. Such fees
shall be remitted to the union on a monthly basis with enough
information supplied to enable the union to carry out a reconciliation;
(b) If requested,
allow the union with reasonable access to talk to new employees at induction
training; and
(c) Ensure that
all supervisors are trained in the provisions of this Award and relevant
freedom of association laws.
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 Employers will
provide their Employees engaged on site 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 site 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 persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year as a result of fair wear and tear, provided they are produced
to the Employer as evidence.
(c) Jackets
Each person, after accumulated employment on site of
152 hours shall be eligible to be issued with warm bluey jacket or equivalent,
which will be replaced once per calendar year on a fair wear and tear basis.
17.2 In
circumstances where any Employee(s) of Employers are transferred to the project
from another Project where an issue of equivalent clothing was made, then such
Employee shall not be entitled to an issue for this Project until the expiry of
the calendar year or on a fair wear and tear basis.
17.3 Employees who
receive from their Employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the Employer’s policy or relevant industrial
instrument shall not be entitled to the provisions of this clause
17.4 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.
17.5 Notwithstanding
anything else contained in this clause all Transport Employees/Contractors will
be supplied with Safety Footwear, 1 set of Clothing and 1 Jacket prior to the
commencement of work at the site.
However the Company does not need to supply the above if the said
Employee/Contractor has been issued with the clothing by the Principal
Contractor within the previous twelve (12) months and the Principal Contractor can substantiate that fact.
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 Walker Group
Constructions Pty Limited will audit Workers Compensation Certificates of
Currency for 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 made available to authorised Union officials on request.
18.3 Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers compensation:
(a) All Employees
will report injuries to the Project first aider and their supervisor at the
earliest possible time after the injury.
(b) All Employees
will comply with the requirements for making a workers compensation claim,
including the provision of a WorkCover medical certificate, at the earliest
possible time after the injury. This information will also be supplied to the
project first aid officer, and 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.
18.4 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;
18.5 Where there has
been a serious incident and/or accident which has resulted in a serious injury
or loss of life the employer shall notify the relevant
union immediately
18.6 The
Employer will also complete the relevant accident notification form and send it
to WorkCover.
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, unless an Employer can demonstrate that they have been unable to
find or source appropriate apprentices/trainees.
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 Walker Group
Constructions Pty Limited will guarantee the beneficiary of any employee who
dies as a consequence of working on the project will be paid within twenty one
(21) days a death benefit of $25,000.
Such benefit shall be paid following 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 of 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 prior notice 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 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.
Provided, however, where there is an emergency or
special client need, work can be undertaken on the weekends and adjacent RDO’s
as set out below, subject to the agreement of the appropriate union secretary
or nominee. In such circumstances
reasonable notice (where possible), shall be given to the 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 25
|
|
Sunday
|
April 26
|
|
Monday
|
April 27
|
Anzac gazetted holiday
|
Tuesday
|
April 28
|
RDO
|
|
|
|
Saturday
|
June 12
|
|
Sunday
|
June 13
|
|
Monday
|
June 14
|
Queens Birthday Public Holiday
|
Tuesday
|
June 15
|
RDO
|
|
|
|
Saturday
|
October 2
|
|
Sunday
|
October 3
|
|
Monday
|
October 4
|
Labor Day Public Holiday
|
Tuesday
|
October 5
|
RDO
|
|
|
|
Saturday
|
December 4
|
|
Sunday
|
December 5
|
|
Monday
|
December 6
|
Union Picnic Day
|
Tuesday
|
December 7
|
RDO (if applicable)
|
SITE CALENDAR 2005
(and onwards)
The site shut down calendar will be determined by Parties in
accordance with the Union's site shut down calendar published from year to
year.
ANNEXURE A
PARTIES
Part 1
Employers:
Walker Group Constructions Pty Limited and any subcontractor
engaged by Walker Group Constructions Pty Limited to work on the Project.
Part 2
Unions:
The Labor Council of New South Wales (The Labor Council)
Construction Forestry Mining and Energy Union, New South
Wales Branch
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Electrical Trades Union of Australia (NSW Branch)
Transport Workers Union (TWU)
Automotive Food Metals Engineering Printing & Kindred
Industries Union (also known as AMWU)
ANNEXURE B
Authority
to obtain 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
|
|
|
on departmental files and computer systems. I
|
|
Fax
|
|
also understand that the employer / labour
|
|
|
|
supplier will use this information for the
|
|
Note that the employee’s work rights status will
|
purposes of establishing my legal entitlement to
|
|
be sent directly to the fax number given above.
|
work in 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 you
|
|
|
employee’s work rights status will be faxed to
|
|
|
within one working day.
|
|
|
|
|
|
|
|
|
|
|
|
|
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.