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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C2750
Award Code 1747  
Date Posted08/05/2004

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Notification under section 130 by Employers First, industrial organisation of employers.


(No. IRC 6025 of 2003)


Before Commissioner Tabbaa

31 March 2004






Clause No.          Subject Matter


1.         Duration

2.         Definitions

3.         Objectives

4.         Application

5.         Performance Incentive Payment (PIP)

6.         Industry Standards

7.         Occupational Health, Safety and Rehabilitation

8.         Dispute Settlement Procedures

9.         Safety Dispute-Settling Procedures

10.       Monitoring Committee

11.       Productivity Initiatives

12.       Immigration Compliance

13.       Long Service Compliance

14.       Union Representation

15.       Protective Clothing

16.       Workers' Compensation and Insurance Cover

17.       Apprentices

18.       Training and Workplace Reform

19.       Anti-Discrimination

20.       Personal/Carer's Leave

21.       Project Close-Down Calendar

22.       Industry Convention

23.       Single Bargaining Unit

24.       Mobile Crane Safety

25.       Mobile Plant

26.       No Precedent

27.       No Extra Claims


Annexure A - Code of Compliance Framework

Annexure B - Parties and Classifications

Annexure C - Project Close-Down Calendars 2004 and 2005

Annexure D - Authority to Obtain from DIMA Details of Immigration Status

Annexure E - Westlink M7 Site Map


1.  Duration


This Project Award shall operate from 31 March 2004 until Practical Completion of the Project with the exception of clause 5, which shall operate from 1 February 2004.



2.  Definitions


"ALJV" means the unincorporated joint venture between Abigroup Contractors Pty Ltd ACN 000 201 516 and Leighton Contractors Pty Ltd ACN 000 893 667


"Awards" means those Awards listed in Annexure B.


"Employee" means a person engaged by an Employer and who performs work on the Project in the classifications set out in Annexure B.  This Award does not apply to direct employees of ALJV who are not "Employees" as defined in this Award.


"Employer" means a subcontractor engaged 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.


"Code" means the New South Wales Government Code of Practice for the Construction Industry.


"Monitoring Committee" means the committee established under clause 10 of this Project Award.


"Parties" means the ALJV, the Employers and the Unions referred to in Annexure B.


"Practical Completion" means the completion of the motorway to a standard that allows the motorway to be opened to public traffic.


"Project Award" means the Westlink M7 Project Award made between the Parties.


"Project Calendar" means the calendar in Annexure C.


"Project Director" means the individual appointed by ALJV as the Project Director.


"Project Site" means the area designated in blue on the map included at Annexure E.


"Project" means the construction works on the Project Site contracted between Westlink Motorway Limited and the RTA for the construction of the Westlink M7.


"Construction Director" means the individual appointed by ALJV as the Construction Director.


"Safety Committee" means the site safety committee formed under the Occupational Health and Safety Act (NSW) 2000.


"The Westlink M7 Project" is the construction of the 40km motorway connecting the M5/Hume Highway at Prestons and the M2 Motorway at West Baulkham Hills.


"Union Delegate" means the Employee who is the accredited representative of each Union on the Project.


"Unions" means each of the Unions listed in Annexure B.


3.  Objectives


The Parties agree to continue to develop and implement the following objectives in respect of the following key areas on the Project:


(a)        Improve productivity by initiatives aimed at:


(i)         Communication, consultation and relationships between Employer, Employees and Unions


(ii)        Health and safety


(iii)       Training and skill formation


(iv)       Flexible workplace practices


(b)        Provide good wages and conditions to all Employees engaged on the Project


(c)        Ensure that subcontractors comply with the provisions of this Project Award, Awards and/or Enterprise Agreements and legislative requirements


(d)        Promote and implement improved work methods and productivity


(e)        Promote compliance with the Code (see Annexure A)


(f)         Complete the Project on time or earlier to quality requirements, and within budget


(g)        Adopt a co-operative and non-adversarial approach to all industrial relations issues


(h)        Assist in developing a harmonious relationship between ALJV, subcontractors, Unions and Employees in respect of this Project


(i)         Ensure occupational health and safety on the Project is a priority for subcontractors, Unions and Employees


(j)         Promote a work/life balance for Employees


(k)        Implement forms of work organisation which encourage the use and acquisition of skills and continual learning


(l)         Improve quality of work


(m)       Increase the scope of subcontract work packages to promote genuine skill enhancement and acquisition by Employees


(n)        Promote a career structure for all Employees based on skill enhancement, competencies and increased job satisfaction


(o)        Provide quality facilities and amenities


(p)        Provide a forum for dispute resolution between subcontractors, the Unions and ALJV


(q)        Implementation of this Award and compliance with all relevant statutory provisions


(r)         Improve the environment


(s)        Improved compliance by subcontractors with applicable awards and/or enterprise agreements and legislative requirements


(t)         Enhancing job opportunities for persons who have a legal right to work including persons who wish to take on apprenticeships or traineeships


(u)        Note that Union parties to this Project Award have an objective that Employers have an appropriate Enterprise Agreement in place.


4.  Application


4.1        This Project Award shall be known as the Westlink M7 Project Award, and shall cover work carried out by Employees on the Project Site.


4.2        Subject to this Award, where subcontractors are engaged on the Project, the relevant contractor (including ALJV) shall make it a condition of any contract that the subcontractor must comply with this Project Award and, in particular, engage Employees on conditions no less favourable than those contained in clause 5, Performance Incentive Payment and clause 6, Industry Standards.


4.3        This Project 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.


4.4        This Project 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 of New South Wales and the Unions, to manage those issues on the Project which affect more than one Employer.


5.  Performance Incentive Payment (PIP)


5.1        The Parties agree that, in recognition of implementing the productivity initiatives in clause 11, meeting construction programme requirements and the achievement of on time or early Practical Completion, a performance incentive payment will apply on the Project in accordance with this clause to provide a genuine incentive to Employees.


5.2        Employees will be entitled to a PIP.  Payment of the PIP will be:


(a)        $4.00 per hour PIP from 1 February 2004.


(b)        $4.50 per hour PIP from 1 March 2004.


The PIP is payable for all time worked on the Project and is not additional to any project allowance, site allowance or productivity allowance payable under an Employer’s Award or Enterprise Agreement.  However, if the Employer’s Award or Enterprise Agreement provides a project allowance, site allowance or productivity allowance that is less than the PIP, the difference between the allowance and the PIP will be payable to the Employee so that he/she receives a total allowance equal to the PIP payable under this Project Award.


5.3        The PIP shall be calculated on a "flat" hours worked basis only, and paid weekly, and shall not include any calculation of Award or other entitlements (for example, it will not be an "all-purpose allowance" and will not attract any penalty or premium).


6.  Industry Standards


It is recognised by the Parties that the size, location and importance of the Project warrants the implementation of the following Project standards:


6.1        Employee Safety Net Ordinary-Time Earnings


The Parties agree that it is beneficial to establish on the Project a minimum safety net for ordinary-time earnings applicable to Employees who are not covered by an Enterprise Agreement.


The minimum safety net ordinary earnings will be $15.00 per hour (or a proportionate amount for juniors and apprentices) applicable to Employees who are not employed under an Enterprise Agreement and who would otherwise receive a base rate of pay less than $15.00 per hour.


6.2        Superannuation


Employers will make superannuation contributions of $90.00 per week or 9% of each Employee’s ordinary weekly wage (whichever is the greater) in accordance with the Superannuation Guarantee (Administration) Act 1992 into a super fund nominated in the relevant industrial instruments (being C+BUS, NESS, STA, TWU or other schemes approved by the Parties) or in accordance with legislation.


6.3        Redundancy


The Employers will make a contribution of $71.00 per week into ACIRT or MERT or other schemes approved by the Parties.


6.4        Workers' Compensation Top-Up/24 Hour Accident Insurance


Each Employer will provide Workers' Compensation Top-Up/24 Hour Accident Insurance with the U-Plus scheme or other similar scheme, up to a maximum cover of $1000.00 per week.


6.5        Project Mortality Cover


During the life of this Project Award, mortality cover of $25,000.00 will be provided for Employees in addition to any other payment.  In the event of an accident while working on the Project Site that results in the death of an Employee, a lump sum payment of $25,000.00 will be made to the next of kin of the Employee.


6.6        Transport Drivers


(a)        Employees - Rates of Pay


This Award does not apply to off-site or purely incidental activities such as delivery of site materials or couriers, except for Transport Award drivers who are required to have a regular involvement with the Project Site in excess of two hours per day, who will be paid, in addition to his/her Award or Enterprise Agreement rate of remuneration, any applicable PIP.  Lorry Owner Drivers are not entitled to the provision of the Award.


(b)        Contract Carrier/Lorry Owner Driver


All Contract Carriers/Lorry Owner Drivers involved in the Transport Industry engaged on the Project shall be paid the rates of pay applicable under the Transport Industry Excavated Materials, Contract Determination published 24 October 1997 (301 I.G. 1082) for the cartage of materials to, on and from the site.


(c)        GST


Rates paid to contactor’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.  Occupational Health, Safety and Rehabilitation


7.1        Induction


(a)        All Employees must attend a site induction course on commencement of engagement on site.


(b)        The Parties recognise the OHS&R induction training provided by accredited blue card providers for casual and permanent transport workers who fall within the scope of this Project Award.


7.2        Occupational Health and Safety Plans


(a)        All Employers must submit a safety, health 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


(viii)    regular OHS&R meetings, inspections and audits of the Project.


7.3        The Safety Committee


(a)        The Safety Committee will be properly constituted.  All members of the Safety Committee will undertake agreed occupational health and safety training with a certified provider.


7.4        Safety Procedures


(a)        The Parties acknowledge and agree that all Parties are committed to safe working procedures.


(b)        If the ALJV Construction Director or the Safety Committee is of the opinion that an Employee has committed a serious breach of either the occupational health and safety policy, legislation or the relevant safety management plan (or any other agreed safe working procedures), the Construction Director will aim to resolve the issue.  This may include the implementation of counselling or disciplinary action or in extreme circumstances, and solely at ALJV’s discretion, cancellation of an Employer's contract or withdrawal of an Employee’s right to work on the Project.


(c)        The Parties agree that, pursuant to the Code of Practice, in the event that an unsafe condition exists, work is to continue in all areas not affected by that condition and those Employers may direct Employees to move to a safe place of work.  No Employee will be required to work in any unsafe area or situation.


7.5        OH&S Industry Induction


No person will be engaged on the Project Site unless he/she has completed the WorkCover NSW accredited General Construction OHS 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, a certified provider will be contacted to assess the qualifications of the relevant Employee.  Currently certified providers include Comet and TAFE.


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 a qualified electrical tradesperson.


8.  Dispute Settlement Procedures


One of the aims of this Project Award is to eliminate and prevent 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 steps will be adopted.  The Parties to the dispute will genuinely endeavour to resolve the dispute at the earliest opportunity:


(a)        Discussion between those directly affected will occur.


(b)        Discussion between site management representatives of the Employer and the Union delegate will occur if (a) fails.


(c)        Discussion between site management representatives of the Employer and the Union organiser will occur if (b) fails.


(d)        Discussion between senior management of the Employer, ALJV and the appropriate Union official will occur if (c) fails.


(e)        Discussion between the Secretary of the relevant Union (or nominee) and ALJV’s Construction Director and/or ALJV’s Project Director (or their nominee) will occur if (d) fails.


(f)         If the dispute is not resolved after step (e), parties to the Project 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 its powers set out in the Industrial Relations Act 1996 (NSW).


(g)        Work shall continue without interruption or dislocation during discussion and negotiations concerning the dispute.


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.  The Parties to the dispute will genuinely endeavour to resolve the dispute at the earliest opportunity:


(a)        Discussion between those directly affected will occur.


(b)        Discussion between site management representatives of ALJV and the Union delegate will occur if (a) fails.


(c)        Discussion between site management representatives of ALJV and the Union organiser will if (b) fails.


(d)        Discussion between senior management of ALJV and the appropriate Union official will occur if (c) fails.


(e)        Discussion between the Secretary of the relevant Union (or nominee) and ALJV’s Construction Director and/or ALJV’s Project Director (or their nominee) will occur if (d) fails.


(f)         If the dispute is not resolved after step (e), Parties to the Project 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 its powers set out in the Industrial Relations Act 1996 (NSW).


(g)        Work shall continue without interruption or dislocation during discussion and negotiations concerning the dispute.


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)        No industrial action is to take place: the status quo that existed prior to the dispute must prevail and work is to continue normally without prejudice to any of the parties.


(b)        Discussions between the Labor Council of New South Wales and the Unions to try to resolve the dispute will occur at the earliest opportunity.


(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)        The Parties recognise that, given the size and complexity of the Project:


(i)         a variety of subcontractors will be engaged to work on the Project; and


(ii)        those subcontractors may be bound by a variety of industrial instruments, including Federal and State Awards, Certified Agreements, and State Enterprise Agreements.


(b)        ALJV intends during the life of this Project Award to engage, for the most part, subcontractors which operate substantial businesses.  However, it will also be the case that some of the subcontractors engaged, and some of the sub-subcontractors engaged in turn by those subcontractors, particularly those engaged to perform smaller packages of work involved in the Project, will operate smaller businesses.  Notwithstanding this, it is not the intent of this clause to allow pyramid subcontracting generally.


(c)        It is in the interests of all Parties that the subcontractors engaged to work on the Project:


(i)         demonstrate a history of, and commitment to, future compliance with all relevant legal obligations; and


(ii)        recognise that their Employees should generally be engaged on terms and conditions similar (but not necessarily identical) to those enjoyed by persons performing similar work in the civil engineering construction industry.


(d)        For these reasons, ALJV will endeavour to engage subcontractors (and require those subcontractors in turn also only to engage sub-subcontractors) which:


(i)         comply with the Code;


(ii)        comply with their obligations to pay or provide for:


(a)        remuneration (including over-award payments such as contributions to redundancy schemes);


(b)        annual leave;


(c)        long service leave;


(d)        workers’ compensation insurance;


(e)        superannuation fund membership and contributions; and


(f)         payroll tax.


(iii)       demonstrate a reasonable awareness of the industrial instruments which regulate the employment of their Employees;


(iv)      agree to comply with laws applicable to them, including industrial instruments, industrial legislation, anti-discrimination legislation and occupational health and safety legislation during their engagement; and


(v)       generally have a corporate history of industrial harmony, involving few (if any) breaches of industrial instruments, discrimination complaints and occupational health and safety prosecutions.


(e)        With the aim of achieving this result, ALJV will:


(i)         before each subcontractor begins work on site, require the subcontractor to provide to ALJV documentation (on the subcontractor's letterhead and signed by an authorised person) verifying compliance in the preceding 12 months with all the obligations referred to in subparagraphs (i) and (ii) of paragraph (d) above; and


(ii)        monitor subcontractor compliance by:


(a)        checking, on a monthly basis, payments made by subcontractors in relation to superannuation, redundancy and extra insurance to ensure that:


I.          payments for Employees have been made as required; and


II.         subcontractors have not introduced arrangements (for example, ‘all-in’ payments and ‘cash-in-hand’ payments) designed to avoid tax and other statutory obligations.  If any such arrangements are identified, ALJV will take immediate steps to ensure that they are rectified and that any employee affected by any such arrangement receives all relevant statutory entitlements.


(b)        in accordance with section 127 of the Industrial Relations Act 1996 of New South Wales, section 175(b) of the Workers Compensation Act 1987 and Part 5B s1G-31J of the Payroll Tax Act 1971, obtaining from each subcontractor on a regular basis a Subcontractor Statement Regarding Workers Compensation, Pay-roll Tax and Remuneration.


(c)        responding promptly, subject to any legal restrictions, to any concerns raised by an accredited Union delegate or Union official about the conduct of subcontractors in respect of matters in this Project Award.


(d)        In particular, the Parties will not condone the practice of treating a genuine employee as if he were a subcontractor for the purposes of avoiding tax and other statutory obligations.  If ALJV becomes aware that a particular subcontractor and his employees are engaged in such practice, ALJV will exercise its powers under the subcontract, including its discretionary powers to terminate the subcontract, and remove the offending company and employees from the site unless the Parties have otherwise agreed to allow the subcontractor to remain on site.


Any disagreements under this clause shall be referred to the Monitoring Committee in accordance with clause 10.


8.5        No payment shall be made to Employees for time spent engaged in industrial action as defined in relevant legislation (including any industrial action arising from an industrial, demarcation or safety dispute) unless payment is authorised or ordered by either the Industrial Relations Commission of NSW or the Australian Industrial Relations Commission.


9.  Safety Dispute-Settling Procedures


No Employee will be required to work in or on an unsafe area on the Project.  Where a safety problem has been identified by the Safety Committee which prevents work from occurring in any area, work shall cease in the immediate affected area only.  Priority will be given to rectifying unsafe access areas.  If any access areas are unsafe, Employees will use alternative safe access.


Should a safety dispute arise over whether one or more work areas are safe or not, the following procedures shall apply:


(a)        Employees shall not leave the Project unless directed to do so by their Employer in the event of an emergency;


(b)        Immediate inspection of the affected work areas will be carried out by both ALJV and Employee representatives of the Safety Committee;


(c)        ALJV will select the sequence of inspections of areas;


(d)        The inspection shall identify the safety rectification work required in each area;


(e)        As safety rectification work is agreed for each area, all relevant Employees shall immediately commence such rectification works;


(f)         Upon verification that such rectification has been completed, normal work will resume progressively in each area;


(g)        Should any dispute arise as to the rectification work required to any area, then ALJV will immediately call the designated WorkCover Authority inspector to recommend the rectification work.


Nothing in this clause shall negate or contradict any rights and or obligations under the Occupational Health and Safety Act 2000.


10.  Monitoring Committee


10.1      The Parties may establish a committee to monitor the implementation of this Project Award.


10.2      This Monitoring Committee, if established, will meet at regular intervals or as required during construction on the Project.


10.3      The Monitoring Committee will consider ways in which the aims and objectives of this Project 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;


(d)        Compliance with the Project Award and other statutory requirements by Employers;


(e)        Resolution of issues in the application of this Project Award;


(f)         The Monitoring Committee members shall be nominated by and represent ALJV and the subcontractors, the Labor Council of NSW and the Unions.  The Committee will have six members, three appointed by ALJV and representing ALJV and its subcontractors, and two appointed by and representing the Unions and their members, and one appointed by and representing the Labor Council of NSW.


The representative of the Labor Council of NSW shall be delegated Chairperson, and be responsible for calling meetings, issuing agendas and taking minutes.


11.  Productivity Initiatives


11.1      Learning Initiatives


Each Employer shall comply with their workplace reform initiatives outlined in their Enterprise Agreement.


11.2      Inclement Weather


(a)        The Parties to this Project 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 paragraph (b) above are not possible, the use of non-productive time may be used for activities such as relevant and meaningful skill development; production/upgrade of skill modules; presentation and participation in learning; planning and reprogramming of the Project;


(iv)      All Parties are committed to an early resumption of work following any cessation of work due to inclement weather;


(v)       The Parties agree the practice of "one out, all out" will not occur.


11.3      Rostered Days Off


(a)        Subject to clause 21, a procedure for the implementation of Rostered Days Off (RDO’s) will be agreed on the Project, the purpose of which is to:


(i)         Improve work/life balance for Employees; and


(ii)        Increase productivity of the Project with the objective of meeting the Practical Completion Date.


(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 Employee’s pay slip and copies made available to the Employee, the Employee’s delegate or Union official upon request.


11.4      Maximising Working Time


The Parties agree that crib and lunch breaks may be staggered for Employees so that work does not cease during crib and lunch.  Amenities are to be maintained in a clean and hygienic state.


11.5      Hours of Work


Ordinary hours of work shall be eight 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.


12.  Immigration Compliance


12.1      The Parties are committed to compliance with Australian immigration laws so as to ensure maximum work opportunities for unemployed permanent residents and Australian citizens.  Employers will be advised by ALJV of the importance of immigration compliance and ALJV’s requirement that no illegal immigrants are to be engaged on the Project.


12.2      Employers are required prior to Employees commencing work on site to check the legal right of Employees to work.  The authorisation form attached to this Project Award as Annexure D may be used to assist in providing evidence of the Employee’s legal status.


13.  Long Service Compliance


Employees will register with the NSW Long Service Payments Corporation if required to do so under the NSW Building and Construction Industry Long Service Payments Act 1986.  Employers engaged on site will be registered as an Employer under the NSW Building and Construction Industry Long Service Payments Act 1986 if the Act requires them to do so.


14.  Union Representation


14.1      Union officials shall comply with all legislative requirements, produce their right of entry permits, and observe the relevant Award and OH&S obligations for entry to site.


14.2      Subject to all legislative requirements, Union officials or their legal officers shall be entitled to inspect all wage records and related documentation necessary to establish that this Project Award, applicable Industrial Awards and legislation is being applied.


14.3      Such inspections shall not take place unless there is a suspected breach of the Project Award, the Awards, or the Workplace Relations Act 1996 and/or other statutory obligations for which a suspected breach has been specified in writing to ALJV in advance of the inspection.


14.4      Union Delegates and their Rights


(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 the Project, who shall be recognised as the authorised representative of the Union at the Project.


(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 (subject to the consent of the relevant Employee).


(iii)       The delegate shall be entitled to represent members in relation to industrial matters on the Project, 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 Employees 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.


(iv)      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;


Reasonable paid time off work up to a maximum of 10 days to attend relevant Union training courses/forums;


Paid time off to attend meetings of delegates in the industry, as authorised by the relevant Union.


(v)       Reasonable access to a telephone and meeting room will be made available to the delegates of Employers.


(vi)      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 on the Project.


15.  Protective Clothing


Employers will provide their Employees with the following items of clothing and footwear which shall be Australian made where practicable.


(a)        Safety Footwear


Appropriate safety footwear will be issued upon commencement of work on the Project and will be replaced on a fair wear-and-tear basis thereafter provided they are produced to the Employer for inspection.


(b)        Overalls, Combination or Bib and Brace and Shirts or Trousers and Shirts


Two sets of protective clothing will be provided after accumulated employment by an Employee of 152 hours and will be replaced on a fair wear-and-tear basis provided they are produced to the Employer for inspection.


(c)        Jackets


Each Employee, after accumulated employment on the Project of 152 hours, shall be eligible to be issued with one jacket for cold conditions, which will be replaced on a fair wear-and-tear basis thereafter provided they are produced to the Employer for inspection.


The type of jacket issued to an Employee will be determined by the nature of work performed to ensure that the jacket is not unsafe for the work performed by each Employee.


(d)        Equivalent Clothing


Where documented evidence can be shown that the equivalent protective clothing referred to in subclauses (a), (b) and (c) above has been issued to any Employee within the last three-month period, then the above will not apply.

Employers will consult with the Labor Council of NSW if necessary to be provided with a list of Australian manufacturers who do not use illegal or exploited labour in the manufacturing of their products.


16.  Workers' Compensation and Insurance Cover


16.1      Employers must ensure that all persons that they engage to work on the Project are covered by workers' compensation insurance.


16.2      ALJV will audit Workers' Compensation Certificates of Currency from each Employer engaged on site to ensure that the wages estimate and tariff declared for the type of work undertaken is correct.


16.3      Employers and their Employees must comply with the following steps to ensure expedited payment of workers' compensation:


(a)        All Employees will report injuries to the Project first-aid officer and their supervisor at the earliest possible time after the injury.


(b)        All Employees will comply with the requirements for making a workers' compensation claim, including the provision of a WorkCover medical certificate, at the earliest possible time after the injury.  This information will also be supplied to the Project first-aid officer and their supervisor.


(c)        In cases where the Employee is unable to comply with the above, the relevant Employer will assist in fulfilling requirements for making a claim.


16.4      Employers must ensure that they are aware of and will abide by sections 63 to 69 of the Workers Injury Management and Workers' Compensation Act 1998, which provide that:


(a)        The Employer shall keep a register of injuries/site accident book in a readily accessible place on site;


(b)        All Employees must enter in the register any injury received by the Employee.  The Employer must be notified of all injuries on site immediately.  The Employer must notify the insurer within 48 hours of a significant injury;


(c)        An Employer who receives a claim for compensation must, within seven 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 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 working days.


16.5      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 WorkCover immediately and will also complete the relevant accident notification form and send it to WorkCover.


17.  Apprentices


As part of the Project’s commitment to industry training, a ratio of one apprentice to every four tradespersons within each Employer’s workforce is to be maintained.


18.  Training and Workplace Reform


The Parties are committed to achieving improvements in productivity and innovation through co-operation 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.


19.  Anti-Discrimination


19.1      It is the intention of the Parties bound by this Project 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.


19.2      This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.


19.3      It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this Project Award, the Parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Project 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 Project Award which, by its terms or operation, has a direct or indirect discriminatory effect.


19.4      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.


19.5      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 Project Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.


19.6      This clause does not create legal rights or obligations in addition to those imposed upon the Parties by legislation referred to in this clause.




(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.


(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:


“Nothing in this Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”


20.  Personal/Carer's Leave


20.1      Use of Sick Leave


(a)        An Employee, other than a casual Employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause 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:


I.          A spouse of the Employee; or


II.         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


III.        A child or an adult child (including an adopted child, a stepchild, 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


IV.        A same sex partner who lives with the Employee as the de facto partner of that Employee on a bona fide domestic basis; or


V.         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.


20.2      Unpaid Leave for Family Purpose


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 subparagraph (ii) of paragraph (c) of subclause 20.1 above who is ill.


20.3      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 (a) above, shall be exclusive of any shutdown period provided for elsewhere under the 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.


20.4      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 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 accordance with paragraph (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 12-month period or on termination.


(d)        Where no election is made in accordance with paragraph (a) above, the Employee shall be paid overtime rates in accordance with the Award.


20.5      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.


20.6      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 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.


(c)        This subclause is subject to the Employer informing each Union which is both party to the Project 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.


21.  Project Close-Down Calendar


For the purposes of this Project Award, the Parties agree that the calendar in Annexure C 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 the weekends identified 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 in the calendar, 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).


22.  Industry Convention


The Parties are aware of the convention of some Employers making payments or providing conditions to their Employees in excess of the relevant Awards or Enterprise Agreements by private treaty for incentive purposes or for the purpose of attracting labour.


The Parties agree that they will not seek to change the terms of this Project Award as a result of a private treaty as described above nor will they seek redress from any Employer.

23.  Single Bargaining Unit


This Project Award was negotiated by the Labor Council of New South Wales on behalf of the Unions and by ALJV in its own right and on behalf of the Employers.


24.  Mobile Crane Safety


Mobile cranes engaged on the Project will be certified by Cranesafe Australia (NSW) or any other approved certifier as soon as practicable.  Once certified, a crane will display a Cranesafe inspection label or that of an approved certifier.  Mobile Cranes required to drive on public roads shall be road registered.


25.  Mobile Plant


Subcontractors shall be required to complete the ALJV "Incoming Plant Inspection Report" for all Mobile Plant employed on the Project Site.


26.  No Precedent


The Parties agree not to use this Project Award as a precedent and that this Project Award will in no way create a claim for flow-on of on-site wage rates and conditions.


27.  No Extra Claims


The Employees and the Unions acknowledge that:


(a)        this Project Award exhaustively deals with all of the matters which the Parties wish to regulate by this Project Award until the Practical Completion of the Project; and


(b)        they are undertaking that, until the Practical Completion of the Project, they will not pursue any extra claims (whether referred to in this Project Award or not); and


(c)        they will take no lawful action to support or further advance claims for a variation to this Project Award or a further Project Award.






Westlink Motorway Limited (WML) has contracted with the RTA for the financing, design, construction, operation and maintenance of the Western Sydney Orbital Project.  WML has contracted with the Abigroup Leighton Joint Venture (ALJV) to deliver its obligations regarding design and construction.


ALJV will perform part of the work using persons directly engaged by ALJV (ALJV Employees) and part of the work using persons employed by subcontractors (Employees).


This Project Award is applicable only to Employees of subcontract entities working on the Project Site.


This Project Award does not apply to ALJV Employees.  ALJV Employees are covered by the Abigroup Leighton Joint Venture Certified Agreement 2003-2006.


The RTA has advised ALJV and WML that their obligation regarding compliance with any relevant Codes of Practice will be satisfied by compliance with the:


New South Wales Code of Practice for the Construction Industry (NSW Code); and


NSW Government Industrial Relations Management Guidelines dated December 1999.


The RTA has advised that it is the ‘principal’ for the purposes of the NSW Code which requires that any Project Award must deliver time and/or cost benefits to the principal.

ALJV is contracted to open the WSO to public traffic by 14 August 2006.  ALJV has set the Target Completion Date at 31 December 2005 which requires that productive working time on the Project be maximised.  The Parties have agreed to make this Western Sydney Orbital Project Award and thereby commit themselves to promote and further the interests of the Roads and Traffic Authority of NSW by delivering to the public a safe and efficient motorway by December 2005.  The Parties agree that the intent of this Award is to provide surety over delivery of construction in a safe manner and by the Target Completion Date.


The Parties will apply this Award on the basis that it does not diminish the workplace arrangements of Employers that apply to their own enterprises.  The Parties further intend that the application of this Award to the extent allowed under clause 4 will simultaneously preserve the operation of subcontractors' own workplace arrangements and allow them to effectively co-ordinate their work on the Project.


The Parties recognise and agree to abide by the fundamental tenets of this Award:


(a)        The primacy and integrity of individual enterprise agreements are not affected by this Project Award.


(b)        The Project Award must maximise the safety environment and productive working time on the Project.


(c)        The Award must comply with the NSW Code and deliver benefit to the RTA by allowing early operation of the motorway.














The Labor Council of New South Wales (The Labor Council)


Construction, Forestry, Mining and Energy Union (New South Wales Branch) - Construction & General Division (CFMEU)


Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (NSW Branch) - Plumbing Division


Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (also known as AMWU)


The Australian Workers' Union, New South Wales (AWU)


Electrical Trades Union of Australia, New South Wales Branch (ETU)


Transport Workers' Union of New South Wales (TWU)






Those classifications covered by the following Awards:


Federal Awards


National Building and Construction Industry Award 2000


National Metal and Engineering On-Site Construction Industry Award 2002


Plumbing Industry (New South Wales) Award 1999


Sprinkler Pipe Fitters' Award 1998


Mobile Crane Hiring Award 2002


State Awards


Building and Construction Industry (State) Award published 31 August 2001 (327 I.G. 279)


Electrical, Electronic and Communications Contracting Industry (State) Award published 15 September 2000 (318 I.G. 645)


Plant, &c., Operators on Construction (State) Award published 16 November 2001 (329 I.G. 625)


Plumbers and Gasfitters (State) Award published 25 February 2000 (313 I.G. 709)


Transport Industry (State) Award published 20 April 2000 (315 I.G. 192)


Metal, Engineering and Associated Industries (State) Award published 8 June 2001 (325 I.G. 209)


General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award published 21 December 2001 (330 I.G. 549)


Training Wage (State) Award 2002 published 26 April 2002 (332 I.G. 1248)


annexure C











April 9

Good Friday Public Holiday


April 10



April 11

Easter Sunday


April 12

Easter Monday Public Holiday


April 13






April 24



April 25



April 26

Anzac gazetted holiday


April 27






June 12



June 13



June 14

Queens Birthday Public Holiday


June 15






October 2



October 3



October 4

Labour Day Public Holiday


October 5






December 4



December 5



December 6

Union Picnic Day


December 7

RDO (if applicable)









January 3

New Years Public Holiday


January 26

Australia Day Public Holiday


January 27



January 28



January 29



January 30






March 25

Good Friday Public Holiday


March 26

Easter Saturday Public Holiday


March 28

Easter Monday Public Holiday


March 29






April 22



April 23



April 24



April 25






June 11



June 12



June 13

Queen’s Birthday Public Holiday


June 14






October 1



October 2



October 3

Labour Day Public Holiday


October 4






December 3



December 4



December 5

Union Picnic Day


December 6



December 22



December 23



December 24



December 25



December 26

Christmas Day Public Holiday


December 27

Boxing Day Public Holiday


These dates are indicative and subject to the holidays being gazetted.  The Parties agree that the Project Calendar for 2005 will be settled as close as possible to the dates provided in this calendar.








(Family name)

(Given name(s))



Date of birth:




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.







Name of employer:











Cannot be reproduced for Industrial Gazette - for access, see IRC03/6025.




I. TABBAA, Commissioner.






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