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New South Wales Industrial Relations Commission
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M CENTRAL - PYRMONT PROJECT AWARD
  
Date03/18/2005
Volume349
Part2
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C2948
CategoryAward
Award Code 1753  
Date Posted03/17/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1753)

SERIAL C2948

 

M CENTRAL - PYRMONT PROJECT AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Labor Council of New South Wales, industrial organisation of employees.

 

(No. IRC 1760 of 2004)

 

Before The Honourable Justice Kavanagh

15 July 2004

 

AWARD

 

Arrangement

 

Clause No.          Subject Matter

 

1.         Objectives

2.         Definitions

3.         Application

4.         Performance Payment

5.         Duration

6.         Industry Standards

6.1        Superannuation and Redundancy

6.2        Top Up/24 Hour Income Protection Insurance

6.3        Transport Award Drivers

6.4        Lorry Owner 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.         Safety Dispute Settling Procedures

10.       Monitoring Committee

11.       Productivity Initiatives

11.1      Learning Initiatives

11.2      Inclement Weather

11.3      Rostered Days Off

11.4      Maximising Working Time

11.5      Hours of Work

12.       Immigration Compliance

13.       Long Service Compliance

14.       No Extra Claims

15.       No Precedent

16.       Single Bargaining Unit

17.       Union Rights

17.1      Visiting Union Officials

17.2      Workplace Delegates

17.3      Union Membership

18.       Australian Content

19.       Protective Clothing

20.       Workers Compensation and Insurance Cover

21.       Return to Work Policy

22.       Apprentices

23.       Training and Workplace Reform

24.       Project Death Cover

25.       Anti-Discrimination

26.       Personal/Carers Leave

26.1      Use of Sick Leave

26.2      Unpaid Leave for Family Purpose

26.3      Annual Leave

26.4      Time-off in Lieu of Payment for Overtime

26.5      Make-up Time

26.6      Rostered days off

27.       Project Close-Down Calendar

 

Annexure A

Annexure B

 

1.  Objectives

 

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

 

(a)        Implementation of forms of work organisation, which encourage the use and acquisition of skills and continual learning;

 

(b)        Continued development of more effective management practices;

 

(c)        Continued development of communication processes, which facilitate participation by all Employers, Employees and Unions;

 

(d)        Introduction of new technology and associated change to enhance productivity;

 

(e)        Improved quality of work;

 

(f)         Increased scope of sub-contract work packages to promote genuine skills enhancement and acquisition by Employees;

 

(g)        Provision of a career structure for all Employees based on skills, competencies and increased job satisfaction;

 

(h)        Provision of high standards of occupational health & safety on the Project;

 

(i)         Improved impact of the Project on the environment;

 

(j)         Implementation of this Award, and compliance with all relevant statutory provisions;

 

(k)        Elimination of unproductive time;

 

(l)         Improved compliance by subcontractors with the provisions of applicable awards and/or enterprise agreements and legislative requirements;

 

(m)       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)        Note that the Unions party to this Award have an objective that Employers have an appropriate Enterprise Agreement in place;

 

(q)        Adoption of a co-operative and non-adversarial approach to Industrial Relations issues;

 

(r)         Commitment to the NSW Government Construction Industry Code of Practice.

 

2.  Definitions

 

"Award" means this Project Award made between the Parties.

 

"Abigroup" means Abigroup Contractors Pty Ltd of 924 Pacific Highway, Gordon, NSW, 2072.

 

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

 

"Employee" means a person engaged by an Employer and who performs work on the Project.

 

"Employer" means Abigroup and/or any subcontractor engaged by Abigroup 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 10 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 Clause 4 as amended by the Monitoring Committee from time to time.

 

"Project" means the construction works contracted to Abigroup at 320 Harris Street, Pyrmont, NSW, 2007.

 

"Project Delegate" means the Employee who is the accredited representative of the Employees on this Project.

 

"Project Manager" means the Project Manager (Delivery) for the Project appointed by Abigroup 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.

 

3.  Application

 

3.1        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.

 

3.2        Where Abigroup engages sub-contractor/s, it shall make it a condition of any contract that it enters into with its sub-contractor/s that they will not employ or otherwise engage persons on wages and conditions, which are less favourable than those set out in this project award.

 

3.3        The Parties also acknowledge and agree that the terms of this Award form part of the tender conditions for work on this Project

 

3.3        This Award is generally intended to supplement and co-exist within the terms of existing Enterprise Agreements and Awards and it’s primary purpose is to provide a framework for the Employers, the Labor Council and the Unions, to manage those issues on the Project which affect more than one Employer.

 

4.  Performance Payment

 

A performance payment linked to works completed against the construction program shall apply to the Project.

 

The performance payment shall relate to achievements for works completed to Targets and Project Milestones.

 

The Completion to Targets and Project Milestones Payment shall be calculated and paid as follows:

 

(a)        The Parties to this Award shall establish monthly Targets and review dates with reference to the Project Milestones;

 

(b)        The monthly reviews will certify the achievement of Targets for the purpose of entitlement to the payment for works completed;

 

(c)        The payment shall be $1.75 per hour paid for each hour of time worked on and from the date of commencement each Employee commenced work on the Project;

 

(d)        Payment shall be made progressively in the normal weekly wages;

 

(e)        Payment is not subject to CPI.

 

In the event that a monthly Target is not achieved, the Monitoring Committee shall meet to determine:

 

(a)        The reason why the Target was not achieved;

 

(b)        The action required to catch up to the Target;

 

(c)        If payment shall continue for the coming month;

 

(d)        However, if in spite of the Parties best efforts, a Target is not achieved for two consecutive months and there are no extenuating circumstances then the Monitoring Committee shall meet to discuss why that Target has not been achieved and how best to make up time to ensure Targets are achieved;

 

(e)        Payment shall be calculated on an hours worked basis only, and shall not include any calculation of Award or other entitlements.  This payment does not attract any penalty or premium.

 

The Project Milestone Dates Are:

 

M Central, Pyrmont

Assessment of Progress

 

Project Milestones

Date (Monthly)

Milestone 1

Complete Structural works up to and including level 3

29 August 2004

Milestone 2

Complete Structural works up to and including level 7

30 October 2004

Milestone 3

Complete External windows

10 December 2004

Milestone 4

Complete Apartment fit-out and finishes to level 3

18 March 2005

Milestone 5

Complete Apartment fit-out and finishes to level 6

18 May 2005

Milestone 6

Project completion

27 July 2005

 

(a)        If a Project Milestone Date is not achieved and there are no extenuating circumstance(s) acceptable to the Monitoring Committee, then no payment will be made against achievement of that Milestone;

 

(b)        If in the following period(s) work catches up to allow achievement of the subsequent Project Milestone(s) then a payment shall be made and shall include payment(s) for the preceding Project Milestone;

 

(c)        The Parties agree that the Abigroup Project Manager, in conjunction with the Monitoring Committee shall determine if the identified Milestones for the Project have been achieved.

 

Payment Application of the Performance

Payment Payable to Employees

Type of Work And Status of Engagement

Performance Payment Application

Normal Work

Applies

Sick Leave

Does not apply

Annual Leave

Does not apply

Public Holidays

Does not apply

Rostered Days Off

Applies

Workers Compensation

Does not apply

Training on-site

Applies

Jury Duty

Does not apply

Bereavement Leave

Does not apply

Inclement Weather Off Site

Does not apply

Inclement Weather On Site

Applies

Unauthorised Stoppages

Does not apply

Any other paid downtime

Does not apply

 

5.  Duration

 

5.1        This Award shall operate on and from 01/06/2004 until Practical Completion.

 

6.  Industry Standards

 

6.1        Superannuation and Redundancy

 

(a)        The Parties acknowledge that a contribution of  $95.00 per week or 9% of ordinary time earnings (whichever is the greater) will be made to the superannuation fund nominated in the relevant industrial instruments being C+BUS; NESS; STA, TWU or other schemes approved by the Parties.  The above contribution will increase so that the minimum payment made for superannuation shall be $100.00 from 1 July 2004

 

(b)        The Employers will make a contribution of $61 per week into ACIRT or MERT or other schemes approved by the parties, or if stated in existing Enterprise Agreements, make a contribution of $60 per week into ACIRT or MERT or other schemes approved by the parties plus $1 per Employee to the Building Trades Group of Unions Drug & Alcohol/Safety Programme.

 

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 Coverforce Insurance Administrators Pty Ltd (ACN 067 079 261) under the U-Plus Industry Insurance Scheme or other similar schemes, which are approved by the parties to this Award.

 

6.3        Transport Award Drivers

 

This Project Award shall not apply to persons who are required as part of their normal duties to visit the site for the purpose of a pick up or a delivery or to carry out routine maintenance or repairs to on-site plant of a minor nature or for short duration.

This Project 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 this site in excess of two (2) hours per day.  These applicable drivers will be entitled only to the provisions of Clause 4 of this Project Award.

 

6.4        Lorry Owner Drivers

 

Lorry Owner Drivers who are carting demolition materials from this Project shall be paid in accordance with the Transport Industry - Excavated Materials Contract Determination published 24 October 1997, as varied.

 

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 undertaken an agreed Blue Card Induction Program conducted by a licensed Blue Card Training Provider or have undertaken a safe work method induction as agreed by the parties.

 

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 if they have not already done so 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, Workcover will be contacted to assess when the Employee concerned can undertake the appropriate training and obtain a Formwork Certificate of Competency from an agreed provider, for example Comet Training.

 

7.7        Temporary Power/Testing and Tagging

 

In order to maintain the highest standards of safety in regard to the use of electricity during construction, it is agreed that the temporary installation is installed strictly in accordance with AS 3012 (1995).  All work is to be carried out by qualified electrical tradesperson.  Testing and tagging is to be carried out only by qualified electrical tradesperson.

 

7.8        Crane Safety

 

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, Abigroup and the appropriate Union official;

 

(e)        Discussion between the Secretary of the relevant Union (or nominee) and Abigroup 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 it’s 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.

 

(h)        Reasonable time limits must be allowed for discussion at each level.

 

8.2        Project Wide Disputes

 

In the event of a dispute or conflict effecting more than one Employer occurring, the following procedure will be adopted:

 

(a)        Discussion between those directly affected;

 

(b)        Discussion between site management representatives of Abigroup and the Union delegate;

 

(c)        Discussion between site management representatives of Abigroup and the Union organiser;

 

(d)        Discussion between senior management of Abigroup and the appropriate Union official;

 

(e)        Discussion between the Secretary of the relevant Union (or nominee) and Abigroup’s 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 it’s 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.

 

(h)        Reasonable time limits must be allowed for discussion at each level.

 

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)        Abigroup in association with the accredited site union delegate or accredited Union representative will check monthly payments of subcontractors’ companies engaged on site with respect to superannuation, redundancy and extra insurance to ensure payments for Employees have been made as required.  Abigroup 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. a payments designed to avoid tax and other statutory obligations and sham subcontract arrangements.)  Where such practices are identified Abigroup 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 of NSW, Section 175(b) of the Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll Tax Act 1971 the principal contractor will obtain all applicable Sub-Contractors Statements regarding workers’ compensation, payroll tax and remuneration.  A copy of these statements will be available on request to an accredited trade union officer or site delegate.

 

(d)        The union delegate or union official shall advise (Abigroup) if they believe the information which has been provided by any sub-contractor is not correct.

 

(e)        Any dispute concerning non-compliance shall be resolved in accordance with the  dispute settling procedures of this award.

 

9.  Safety Dispute Settling Procedure

 

No Employee will be required to work in or on an unsafe area or process 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 Abigroup and Employee representatives of the safety committee;

 

(c)        Abigroup 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 Abigroup 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 Award.

 

10.2      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.

 

10.3      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.

 

10.4      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.

 

11.  Productivity Initiatives

 

11.1      Learning Initiatives

 

Each Employer shall be required to demonstrate to Abigroup implementation of commitment to skill enhancement and workplace reform while working on the Project.

 

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 (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 26 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 employees pay slip and copies made available to the Employee, the Employee’s delegate or union official upon request.  It is acknowledged that different arrangements in relation to the banking of RDO's may apply to members of the CEPU.

 

11.4      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.

 

11.5      Hours of Work

 

(a)        Ordinary hours of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to Friday.  However, ordinary hours may commence from 5.00am by agreement between the Employer, Employee and relevant Union.

 

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 Abigroup of the importance of immigration compliance.  Where there is concern that illegal immigrants are being engaged by an employer on the Project, Abigroup will act decisively to ensure compliance.

 

12.2      Employers are required prior to employees commencing work on-site to check the legal right of employees to work.  The authorization form attached to this Award as per Appendix B will assist in providing evidence of the employee’s legal status.

 

13.  Long Service Compliance

 

13.1      If applicable, and in accordance with the NSW Building and Construction Industry Long Service Leave Act, no Employee will be engaged on site unless he or she is a worker registered with the NSW Long Service Payments Corporation.  All Employers (if applicable) engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and will strictly comply with their obligations.

 

14.  No Extra Claims

 

14.1      The Parties agree that they will not pursue extra claims in respect of matters covered by this Award (including but not limited to any claim for a disability allowance) during the term of this Award.

 

15.  No Precedent

 

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

 

16.  Single Bargaining Unit

 

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

 

17.  Union Rights

 

The Parties to this award acknowledge the right of employees to be active union members and respect the right of the union to organize and recruit employees.  The Parties to this award also acknowledge that good communication between the union official, the delegate and its members is an important mechanism in assisting the parties to resolve grievances and disputes in a timely fashion.

 

17.1      Visiting Union Officials

 

(a)        Union officials (party to this Award) when arriving onsite, shall call at the site office and introduce themselves to a Management representative of the Employer, prior to pursuing their union duties.

 

(b)        Union officials shall produce their right of entry permits, if required, and observe the relevant Building Awards, the Occupational Health and Safety Act and Regulations, and other statutory/legislative obligations for entry to the site.

 

(c)        Subject to all legislative requirements, 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 Project 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 Project Award, other appropriate Building Awards, Enterprise Agreements, the Industrial Relations Act 1996 (NSW), or other Employer Statutory requirements and unless such suspected breach has been specified to Abigroup in advance of the inspection.

 

17.2      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.

 

(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 Project Delegate to effectively discharge his or her duties and responsibilities, the Project Delegate shall be afforded the following rights:

 

the right to reasonable communication with other delegates, union officials and management in relation to industrial matters, where such communication cannot be dealt with or concluded during normal breaks in work;

 

at least 10 days paid time off work to attend relevant Union training courses/forums;

 

paid time off to attend meetings of delegates in the industry, as authorized by the relevant union.

 

(vi)      Abigroup shall provide to the Project 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;

 

to personal computers (PC), CD ROM and 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.

 

17.3      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)        Ensure that all supervisors are trained in the provisions of the Project Award

 

18.  Australian Content

 

18.1      The Project Manager shall endeavour to maximise Australian content in materials and construction equipment on the Project where practical and feasible.

 

19.  Protective Clothing

 

19.1      Employers will provide their Employees engaged on site with legally produced Australian made protective clothing and footwear (where readily available) 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 on a 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 and 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.

 

19.2      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 to this Project until the expiry of the calendar year or on a fair wear and tear basis.

 

19.3      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

 

19.4      Employers will consult with the Labor Council of NSW to be provided with a list of Australia Manufacturers who do not use illegal or exploited labour in the manufacturing of their work clothes.

 

20.  Workers Compensation and Insurance Cover

 

20.1      Employers must ensure that all persons that they engage to work on the project are covered by workers compensation insurance.

 

20.2      Abigroup 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.

 

20.3      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 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.

 

20.4      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;

 

(d)        An Employer who receives a claim for compensation, must within seven (7) days of receipt, forward the claim or documentation, to their insurer;

 

(e)        An Employer who receives a request from their insurer for further specified information must within seven (7) days after receipt of the request, furnish the insurer with the information as is in the possession of the Employer or reasonably obtained by the Employer;

 

(f)         An Employer who has received compensation money from an insurer shall forward such money to the person entitled to the compensation within three (3) working days;

 

20.5      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

 

20.6      The Employer will also complete the relevant accident notification form and send it to WorkCover.

 

21.  Return to Work Policy

 

The Parties are committed to achieve the earliest possible return to work in the event of injury and agree the project Return to Work Policy shall be implemented:

 

All injuries to be reported to the relevant supervisor.

 

First Aid Register to be filled in.

 

If injury requires offsite medical treatment, a supervisor, who will be responsible for both the injured person and their personal property, will supply to the treating medical officer a copy of Abigroup’s Return to Work program which includes availability of suitable duties.

 

All WorkCover Medical Certificates must be forwarded to the appropriate supervisor to ensure continued payment of wages.

 

22.  Apprentices

 

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

 

23.  Training and Workplace Reform

 

23.1      The Parties are committed to achieving improvements in productivity and innovation through cooperation and reform. Employers are expected to demonstrate their commitment to develop a more highly skilled workforce by providing their Employees with career opportunities through appropriate access to training and removing any barriers to the use of skills acquired.

 

24.  Project Death Cover

 

Abigroup will guarantee the beneficiary of any employee who dies as a consequence of working on the project will be paid a death benefit of $25,000.  Such benefit shall be paid within fourteen (14) days of the production of appropriate documentation.  This payment shall be in addition to any other entitlement that might be paid to the beneficiary as a consequence of the death of the employee.

 

25.  Anti-Discrimination

 

25.1      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.

 

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

 

25.3      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 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 Award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

25.4      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.

 

25.5      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.

 

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

 

26.  Personal/Carers Leave

 

26.1      Use of Sick Leave

 

(a)        An Employee, other than a casual employee, with responsibilities in relation to a class of person set out in clause 24.1 (c)(ii) who needs the Employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The Employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an Employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the Employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

a spouse of the Employee; or

 

a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian) grandparent, grandchild or sibling of the Employee or spouse or de facto spouse of the employee; or

 

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

 

a relative of the Employee who is a member of the same household, where for the purposes of this paragraph:

 

"relative" means a person related by blood, marriage or affinity;

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other: and

 

"household" means a family group living in the same domestic dwelling.

 

(d)        An Employee shall, wherever practicable, give the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the Employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the Employee to give prior notice of absence, the Employee shall notify the Employer by telephone of such absence at the first opportunity on the day of absence.

 

26.2      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 26.1 (c)(ii) above who is ill.

 

26.3      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.

 

26.4      Time-off in Lieu of Payment for Overtime

 

(a)        An Employee may elect, with the consent of the Employer, to take time-off in lieu of payment for overtime at a time or times agreed with the Employer within twelve (12) months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in according with paragraph 26.4(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

 

(d)        Where no election is made in accordance with paragraph 26.4(a), the Employee shall be paid overtime rates in accordance with the award.

 

26.5      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.

 

26.6      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 Project Award and which has members employed at the Project of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Unions to participate in negotiations.

 

27.  Project Close-Down Calendar

 

27.1      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 his nominee.  In such circumstances reasonable notice (where possible), shall be given to the union (or union delegate).

 

SITE CALENDAR 2004

 

Saturday

June 12

 

Sunday

June 13

 

Monday

June 14

Queens Birthday Public Holiday

Tuesday

June 15

RDO

 

 

 

Saturday

October 2

 

Sunday

October 3

 

Monday

October 4

Labor Day Public Holiday

Tuesday

October 5

RDO

 

 

 

Saturday

December 4

 

Sunday

December 5

 

Monday

December 6

Union Picnic Day

Tuesday

December 7

 

 

 

 

Friday

December 24

 

Saturday

December 25

 

Sunday

December 26

 

Monday

December 27

 

 

SITE CALENDAR 2005

 

(To be determined by the Parties)

 

Saturday

January 1

 

Sunday

January 2

 

Monday

January 3

 

 

 

 

Wednesday

January 26

Australia Day Public Holiday

Thursday

January 27

 

Friday

January 28

 

Saturday

January 29

 

Sunday

January 30

 

 

 

 

Friday

March 25

 

Saturday

March 26

 

Sunday

March 27

 

Monday

March 28

 

Tuesday

March 29

 

 

 

 

Friday

April 22

 

Saturday

April 23

 

Sunday

April 24

 

Monday

April 25

Anzac gazetted holiday

 

 

 

Saturday

June 11

 

Sunday

June 12

 

Monday

June 13

Queens Birthday Public Holiday

Tuesday

June 14

 

 

 

 

Saturday

October 1

 

Sunday

October 2

 

Monday

October 3

 

Tuesday

October 4

Labor Day Public Holiday

 

 

 

Saturday

December 3

 

Sunday

December 4

 

Monday

December 5

 

Tuesday

December 6

 

 

 

 

Wednesday

December 21

 

Thursday

December 22

 

Friday

December 23

 

Saturday

December 24

 

Sunday

December 25

 

Monday

December 26

 

Tuesday

December 27

 

 

ANNEXURE A

 

(Parties)

 

Part 1

 

Employers:

 

Abigroup Contractors Pty Limited and any sub-contractors engaged on the project.

 

 

Part 2

 

Unions:

 

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

 

Construction Forestry Mining and Energy Union (Construction & General Division) New South Wales Divisional Branch;

 

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

 

Electrical Trades Union of Australia (NSW Branch);

 

Transport Workers Union (TWU);

 

Automotive Food Metals Engineering Printing & Kindred Industries Union (also known as AMWU).

 

ANNEXURE B

 

Authority to obtain details of work rights from DIMIA

 

Employee Details

 

Employer/Labour Supplier Details

As specified in passport or other identity document)

 

 

 

 

 

Family Name:

 

Business Name

 

 

 

 

 

 

Given Name(s):

 

 

 

 

 

 

 

 

Other Name(s) used (e.g. maiden name):

 

 

 

 

Business Street Address:

Date of Birth:

 

 

 

 

 

Nationality:

 

 

 

 

 

 

Passport Number:

 

 

 

 

 

 

Visa Number:

 

 

 

 

 

 

Visa Expiry Date:

 

Type of Business:

 

 

 

I authorise the Department of Immigration and my

 

 

Multicultural and Indigenous Affairs (DIMIA) to

 

 

release the details of my work rights status (that is,

 

 

entitlement to work legally in Australia) to the

 

Name of Contact Person:

named employer / labour supplier and a

 

 

representative of a principal contractor and

 

 

authorised trade union officer on request.

 

Telephone:

 

 

 

 

I understand that these details are held by DIMIA

 

Fax:

 

on departmental files and computer systems. I also

 

 

understand that the employer / labour supplier will

 

Note that the employee’s work rights status will

use this information for the purposes of establishing

 

be sent directly to the fax number given above.

my legal entitlement to work in Australia, and for

 

Please ensure that this number is correct

no other purpose.

 

 

 

 

The completed form should be faxed to

Employee Signature:

 

1800 505 550

 

 

 

 

 

If all details match with our records, the

 

 

employee's work rights status will be faxed to

Date:

 

you within one working day.

 

 

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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