LABOR COUNCIL OF NEW SOUTH WALES AND PRESTIGE BUILDING SERVICES PTY LTD
BREAKFAST POINT DEVELOPMENT PROJECT AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Labor Council
of New South Wales, State Peak Council for Employees.
(No. IRC 3351 of 2004)
|
Before The Honourable
Justice Walton, Vice-President
|
10 June 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
(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
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. Single
Bargaining Unit
16. Union
Rights
16.1 Visiting Union Officials
16.2 Workplace Delegates
16.3 Union Membership
17. Australian
Content
18. Protective
Clothing
19. Workers'
Compensation and Insurance Cover
20. Apprentices
21. Training
and Workplace Reform
22. Project
Death Cover
23. Anti-Discrimination
24. Personal/Carer's
Leave
24.1 Use of Sick Leave
24.2 Unpaid Leave for Family Purpose
24.3 Annual Leave
24.4 Time Off in Lieu of Payment for Overtime
24.5 Make-up Time
24.6 Rostered Days Off
25. Project
Close-Down Calendar
26. Leave
Reserved
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 subcontract 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 and safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Improved wages
and conditions for all Employees working on the Project;
(n) Increased
leisure time for Employees by eliminating excessive hours of work;
(o) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships;
(p) Encourage all
Employers to have Enterprise Agreements with the relevant Union or Unions;
3. Definitions
"Award" means this Name of Award made between the
Parties.
"Employer Name" means Prestige Building Services
Pty Ltd of Unit 1-24 Carnarvon Street, Silverwater NSW 2128.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means Prestige Building Services Pty
Ltd and/or any subcontractor/s engaged by it or by them 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 under clause 9 of 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 Milestones" means the milestones listed
in (Insert Relevant Clause) as amended by the Monitoring Committee from time to
time.
"Project" means the construction works contracted
to (Employer Name) at (Address).
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by (Employer Name) from time to time.
"Safety Committee" means the site Safety Committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"Unions" means each of the Unions listed in Part 2
of Annexure A.
4. Application
4.1 This Award
will apply to work done on the Project by the Employees for the period the
Employer engages the Employees to work on the Project.
4.2 Where Prestige
Building Services Pty Ltd engages subcontractor/s, it shall make it a condition
of any contract that it enters into with its subcontractor/s that they will not
employ or otherwise engage persons on wages and conditions which are less
favourable than those set out in this Project Award.
4.3 The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for work on this Project.
4.4 This Award is
generally intended to supplement and co-exist within the terms of existing
Enterprise Agreements and Awards and its primary purpose is to provide a
framework for the Employers, the Labor Council and the Unions, to manage those
issues on the Project which affect more than one Employer.
5. Duration
5.1 This Award
shall operate on and from 1 April 2004 until 31 March 2007.
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. The minimum
payment made for superannuation for apprentices working on the Project shall be
$50.00 per week.
(b) The Employers
will make a contribution of $61.00 per week into ACIRT or MERT or other schemes
approved by the Parties. The Employers
shall make a contribution of no less than $40.00 per week for apprentices
working on the Project.
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
UPLUS scheme or other similar schemes which are approved by the Parties to this
Award.
6.3 Project
Productivity Allowance
(a) Subject to
paragraph (b) of this subclause, the Employer will pay a Project productivity
allowance for persons engaged on the Project of $3.50 for each hour worked on
the Project. This allowance will apply
until 31 March 2007.
(b) Transport
Drivers
(i) Employees -
Rates of Pay
It is further agreed that any Transport Worker carrying
out work relating to the Project will be paid, in addition to his/her Award or
Enterprise Agreement rate of remuneration, any applicable Project productivity
allowance, provided that the driver has had a regular involvement of two 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 site.
(iii) GST
Rates paid to contractor’s carriers, including any
applicable Project productivity allowance, shall be exclusive of GST. A separate amount equal to 10% of the value
of the remuneration payable shall be paid to the carrier for contracts of
carriage [the GST amount]. The total
fee payable to the contract carrier shall be the sum of the remuneration
payable and the GST amount.
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 in
conjunction with the Employer and the Transport Workers’ Union of New South
Wales.
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) The Safety
Committee will be properly constituted with an agreed constitution. All members of the Safety Committee will
undertake agreed Occupational Health and Safety training with Comet Training or
other agreed providers.
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 either the Environment Health and Safety Policy
or the relevant safety management plan (or any other agreed safe working
procedures), the Project Manager (or the Project Manager on recommendation from
the Safety Committee) will implement disciplinary action against the Employer
or Employee which may include taking all steps required to remove the Employer
or Employee from the Project.
(c) The Parties
agree that pursuant to the Code of Practice, in the event that an unsafe condition
exists, work is to continue in all areas not affected by that condition and
those Employers may direct Employees to move to a safe place of work. No Employee will be required to work in any
unsafe area or situation.
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, Comet, or any other agreed WorkCover
accredited provider, 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.
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, Prestige Building Services Pty Ltd
and the appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Prestige Building
Services Pty Ltd NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (c), Parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to 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:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of Prestige Building Services Pty Ltd
and the Union delegate;
(c) Discussion
between site management representatives of Prestige Building Services Pty Ltd
and the Union organiser;
(d) Discussion
between senior management of Prestige Building Services Pty Ltd and the
appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Prestige Building
Services Pty Ltd 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 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) 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) Prestige
Building Services Pty Ltd 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.
The Prestige Building Services Pty Ltd 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, Prestige Building Services Pty Ltd 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
Subcontractors Statements regarding workers’ compensation, payroll tax and
remuneration. A copy of these
statements will be available on request to an accredited Trade Union officer or
site delegate.
(d) The Union
delegate or Union official shall advise Prestige Building Services Pty Ltd if they
believe the information which has been provided by any subcontractor 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.
9.2 This
Monitoring Committee if established will meet at the commencement of
construction and then at monthly intervals or as required during construction
on the Project.
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
Prestige Building Services Pty Ltd 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, Project Close-Down, a procedure for the implementation of rostered
days off (RDO's) will be agreed on the Project, the purpose which is to:
(i) increase the
quality of working life for Employees; and
(ii) increase the
productivity of the Project.
(b) A roster of
RDO's will be prepared, following consultation with the workforce and Parties
to this Award.
(c) Records of
each Employee’s RDO accruals will be recorded on the Employee's pay slip and
copies made available to the Employee, the Employee’s delegate or Union
official upon request. It is acknowledged that different arrangements in
relation to the banking of RDO's may apply to members of the CEPU.
(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 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.
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
Prestige Building Services Pty Ltd of the importance of immigration compliance. Where there is concern that illegal
immigrants are being engaged by an Employer on the Project, Prestige Building
Services Pty Ltd 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 authorisation
form attached to this Award as per Appendix B will assist in providing evidence
of the Employee’s legal status.
12. Long Service
Compliance
If applicable, and in accordance with the NSW Building
and Construction Industry Long Service Leave Act, no Employee will be engaged
on site unless he or she is a worker registered with the NSW Long Service
Payments Corporation. All Employers (if
applicable) engaged on site will be registered as Employers in accordance with
the NSW Building and Construction Industry Long Service Payments Act and
will strictly comply with their obligations.
13. No Extra Claims
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
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. Single Bargaining
Unit
This Award was negotiated by the Labor Council of New South
Wales on behalf of the Unions and by Prestige Building Services Pty Ltd in its
own right and on behalf of the Employers.
16. 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 organise 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.
16.1 Visiting Union
Officials
(a) Where
practicable, Union officials (party to this Award) when arriving on site 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
2000 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, the Industrial
Relations Act 1996 (NSW), or other Statutory Employer requirements.
16.2 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. 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;
career path, reclassification, training issues; and to
initiate discussions and negotiations on any other matters affecting the
employment of members;
ensuring that workers on site are paid their correct
wages, allowances and other lawful entitlements;
to check with relevant industry schemes so as to ensure
that superannuation, long service leave and redundancy has been paid on time.
(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 authorised 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.
16.3 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 the Union and authorised by the 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) Supply all
employees with a Union application form at the same time as employees are
provided with their taxation declaration form;
(c) Provide the
Union with access to talk to new employees at induction training;
(d) Ensure that
all supervisors are trained in the provisions of the Project Award.
17. Australian
Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
and feasible.
18. Protective
Clothing
18.1 Employers will
provide their Employees engaged on site with legally produced Australian made
protective clothing and footwear on the following basis:
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement, if not already provided, to all persons engaged on site and will
be replaced 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.
18.2 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.
18.3 Employees who
receive from their Employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the Employer’s policy or relevant industrial
instrument shall not be entitled to the provisions of this clause.
18.4 Employers will
consult with the Labor Council of NSW to be provided with a list of Australian
manufacturers who do not use illegal or exploited labour in the manufacture of
their work clothes.
18.5 Notwithstanding
anything else contained in this clause, all Transport Employees/Contractors
will be supplied with safety footwear, one set of clothing and one 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 12 months and the Principal Contractor can
substantiate that fact.
19. Workers'
Compensation and Insurance Cover
19.1 Employers must
ensure that all persons that they engage to work on the Project are covered by
workers' compensation insurance.
19.2 Prestige
Building Services Pty Ltd will audit Workers' Compensation Certificates of
Currency from each Employer engaged on site to ensure that the wages estimate
and tariff declared for the type of work undertaken is correct. This
information will be available to authorised Union officials on request.
19.3 Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers' compensation:
(a) All Employees
will report injuries to the Project first 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.
19.4 Employers must
ensure that they are aware of and will abide by sections 63 to 69 of the Workplace
Injury Management and Workers' Compensation Act 1998, which provide that:
(a) The Employer
shall keep a register of injuries/site accident book in a readily accessible
place on site;
(b) All Employees must
enter in the register any injury received by the Employee. The Employer must be notified of all
injuries on site immediately. The
Employer must notify the insurer within 48 hours of a significant injury;
(c) An Employer
who receives a claim for compensation must, within seven 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.
19.5 Where there has
been a serious incident and/or accident which has resulted in a serious injury
or loss of life, the Employer shall notify the relevant Union immediately.
19.6 The Employer
will also complete the relevant accident notification form and send it to
WorkCover.
20. Apprentices
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.
21. Training and
Workplace Reform
21.1 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.
22. Project Death
Cover
22.1 Prestige
Building Services Pty Ltd will guarantee the beneficiary of any Employee who dies
as a consequence of working on the Project will be paid a death benefit of
$25,000.00. Such benefit shall be paid
within 14 days of the production of appropriate documentation. This payment shall be in addition to any
other entitlement that might be paid to the beneficiary as a consequence of the
death of the Employee.
23.
Anti-Discrimination
23.1 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.
23.2 This includes
discrimination on the ground of race, sex, marital status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
23.3 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.
23.4 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.
23.5 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.
23.6 This clause
does not create legal rights or obligations in addition to those imposed upon
the Parties by legislation referred to in this clause.
24. Personal/Carer's
Leave
24.1 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 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 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
a same sex partner who lives with the Employee as the
de facto 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.
24.2 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
subparagraph 24.1(c)(ii) above who is ill.
24.3 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.
24.4 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 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 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.
24.5 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.
24.6 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.
25. Project
Close-Down Calendar
25.1 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
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Saturday
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January 24
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Sunday
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January 25
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Monday
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January 26
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Australia Day Public Holiday
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Tuesday
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January 27
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RDO
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Friday
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April 9
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Good Friday Public Holiday
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Saturday
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April 10
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Sunday
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April 11
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Easter Sunday
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Monday
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April 12
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Easter Monday Public Holiday
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Tuesday
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April 13
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RDO
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Saturday
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April 25
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Sunday
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April 26
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Monday
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April 27
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Anzac gazetted holiday
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Tuesday
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April 28
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RDO
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Saturday
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June 12
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Sunday
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June 13
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Monday
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June 14
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Queens Birthday Public Holiday
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Tuesday
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June 15
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RDO
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Saturday
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October 2
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Sunday
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October 3
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Monday
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October 4
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Labor Day Public Holiday
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Tuesday
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October 5
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RDO
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Saturday
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December 4
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Sunday
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December 5
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Monday
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December 6
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Union Picnic Day
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Tuesday
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December 7
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RDO (if applicable)
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SITE CALENDAR 2005
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Saturday
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January 1
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New Year’s Day
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Sunday
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January 2
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Monday
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January 3
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New Year’s Day Public Holiday
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Wednesday
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January 26
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Australia Day Public Holiday
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Thursday
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January 27
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RDO
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Friday
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January 28
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RDO
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Saturday
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January 29
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Sunday
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January 30
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Friday
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March 25
|
Good Friday Public Holiday
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Saturday
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March 26
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Sunday
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March 27
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Easter Sunday
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Monday
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March 28
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Easter Monday Public Holiday
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Tuesday
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March 29
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RDO
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Friday
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April 22
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RDO
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Saturday
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April 23
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Sunday
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April 24
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Monday
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April 25
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Anzac Day Public Holiday
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Saturday
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June 11
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Sunday
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June 12
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Monday
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June 13
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Queen’s Birthday Public Holiday
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Tuesday
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June 14
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RDO
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Saturday
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October 1
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Sunday
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October 2
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Monday
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October 3
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Labour Day Public Holiday
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Tuesday
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October 4
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RDO
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Saturday
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December 3
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Sunday
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December 4
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Monday
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December 5
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Union Picnic Day
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Tuesday
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December 6
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RDO
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Site Calendar 2006/2007
The Parties to this Award agree to hold discussions during
2005 to determine the 2006/2007 site calendar.
It is agreed that the 2006/2007 site calendar will follow the same
principles in establishing the 2004 and 2005 site calendars, that is, to enable
the whole of Project shutdowns on designated weekends, which correlate with
Public Holidays and industry rostered days off.
26. Leave Reserved
The Union Parties to this Award shall have the right to make
application to have the following provision or a provision with similar intent
inserted into the Project Award.
"Notwithstanding paragraph 8.4(a), if an Employer is
identified as paying his or her Employees' "all-in payments", then
such payments shall be deemed to be the Employees' ordinary rate of pay for all
purposes of this Project Award and other industrial instruments which apply to
such Employees for the duration of the Project. In such circumstances, all Employees of the Employer working on
the Project shall obtain the benefit of the higher rate of pay plus the
conditions of this Project Award."
ANNEXURE A
PARTIES
Part 1
Employers:
Prestige Building Services Pty Ltd
and any subcontractors engaged by it or by them to work
on the Project.
Part 2
Unions:
The Labor Council of New South Wales (The Labor
Council)
Construction, Forestry, Mining and Energy Union (New
South Wales Branch)
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Electrical Trades Union of Australia, New South Wales
Branch
Transport Workers Union of New South Wales (TWU)
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales (also known as AMWU)
ANNEXURE B
Authority to
obtain details of work rights from DIMIA
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Employee Details
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Employer / Labour Supplier Details
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As specified in passport or other identity
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document
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Business Name:
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Family Name:
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Given Name(s):
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Other Name(s) used (e.g. maiden name):
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Business Street Address:
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Date of Birth: _____ / _____ / _____
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Nationality:
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Passport Number:
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Visa Number:
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Type of Business:
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Visa Expiry Date:
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_____ / _____ / _____
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I authorise the Department of Immigration and
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Multicultural and Indigenous Affairs (DIMIA)
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to release the details of my work rights status
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Name of Contact Person:
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(that is, my entitlement to work legally in
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Australia) to the named employer/labour supplier
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and a representative of a principal contractor and
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authorised Trade Union officer on request.
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Telephone:
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I understand that these details are held by DIMIA
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Fax:
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on departmental files and computer systems. I
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also understand that the employer/labour supplier
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will use this information for the purposes of
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Note that the employee’s work rights status will
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establishing my legal entitlement to work in
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be sent directly to the fax number given above.
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Australia, and for no other purpose.
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Please ensure that this number is correct
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Employee Signature:
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The completed form should be faxed to
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1800 505 550
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Date:
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If all details match with our records, the
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employee’s work rights status will be faxed to you
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within one working day
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M. J. WALTON J,
Vice-President.
____________________
Printed by the
authority of the Industrial Registrar.