PACIFIC SQUARE - MAROUBRA PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Labor
Council of New South Wales, State Peak Council for Employees.
(No. IRC 3740 of 2004)
Before The Honourable Justice
Kavanagh
|
15 July 2004
|
AWARD
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 747 Anzac Parade, Maroubra, NSW, 2035.
"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 $2.00 per hour paid
for each hour of time worked on and from the date of commencement each Employee
commenced work on the Project. From
01/01/2005 the payment shall increase to $2.50 per hour for each hour worked.
(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:
Pacific Square, Maroubra
|
Assessment of Progress
|
|
Project Milestones
|
Date (Monthly)
|
Milestone
1
|
Complete
Podium Structure
|
7
May 2004
|
Milestone
2
|
Complete
Building 1 Structure
|
30
June 2004
|
Milestone
3
|
Complete
Building 2 Structure
|
15
July 2004
|
Milestone
4
|
Complete
Building 3 Structure
|
20
August 2004
|
Milestone
5
|
Open
Retail and Carparks to client
|
30
October 2004
|
Milestone
6
|
Complete
Building 1
|
6 December
2004
|
Milestone
7
|
Complete
Building 2
|
15
January 2005
|
Milestone
8
|
Complete
Building 3
|
15
February 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
|
Performance
Payment
|
Engagement
|
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 01/08/2003 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.
(b) 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 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 (RDOs) 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;
(c) An Employer
who receives a claim for compensation, must within seven (7) days of receipt,
forward the claim or documentation, to their insurer;
(d) An Employer
who receives a request from their insurer for further specified information
must within seven (7) days after receipt of the request, furnish the insurer
with the information as is in the possession of the Employer or reasonably
obtained by the Employer;
(e) An Employer
who has received compensation money from an insurer shall forward such money to
the person entitled to the compensation within three (3) working days;
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 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
2) 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
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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
|
Australia Day Public Holiday
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Tuesday
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January 27
|
RDO
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Friday
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April 9
|
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 24
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Sunday
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April 25
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Monday
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April 26
|
Anzac gazetted holiday
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Tuesday
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April 27
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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
|
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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Friday
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December 24
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Saturday
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December 25
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Sunday
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December 26
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Monday
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December 27
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SITE CALENDAR 2005
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(To be determined by the Parties)
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Saturday
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January 1
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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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Wednesday
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January 26
|
Australia Day Public Holiday
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Thursday
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January 27
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Friday
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January 28
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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
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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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Monday
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March 28
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Tuesday
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March 29
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Friday
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April 22
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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
|
Anzac gazetted 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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Queens Birthday Public Holiday
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Tuesday
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June 14
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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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Labor Day Public Holiday
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Tuesday
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October 4
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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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Tuesday
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December 6
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Wednesday
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December 21
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Thursday
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December 22
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Friday
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December 23
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Saturday
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December 24
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Sunday
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December 25
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Monday
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December 26
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Tuesday
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December 27
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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
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Employer/Labour Supplier Details
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As specified in passport or
other identity document)
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Business Name:
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Family Name:
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Given Name(s):
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Business Street Address:
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Other Name(s) used (e.g.
maiden name):
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Date of Birth:
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Type of Business:
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Nationality:
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Passport Number:
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Visa Number:
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Name of Contact Person:
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Visa Expiry Date:
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Telephone:
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I authorise the Department of
Immigration and
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Fax:
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Multicultural and Indigenous Affairs
(DIMIA) to
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release the details of my
work rights status (that is,
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my entitlement to work
legally in Australia) to the
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named employer / labour
supplier and a
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representative of a principal
contractor and
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authorised trade union
officer on request.
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Note that the employee’s work rights status will be
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sent directly to the fax number given above. Please
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I understand that these details
are held by DIMIA
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ensure that this number is correct
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on departmental files and
computer systems. I also
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understand that the employer
/ labour supplier will
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use this information for the purposes
of establishing
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my legal entitlement to work
in Australia, and for
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no other purpose.
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The completed form should be faxed
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Employee Signature:
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to 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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T. M. KAVANAGH J.
____________________
Printed by the
authority of the Industrial Registrar.