PEPPERS RESORT PROJECT AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Labor
Council of New South Wales, State peak council for employees.
(No. IRC 5211 of 2004)
Before The Honourable Justice
Walton, Vice-President
|
23 September 2004
|
AWARD
Arrangement
Clause No. Subject Matter
1. Objectives
2. Definitions
3. Application
4. Duration
5. Industry
Standards
5.1 Superannuation
and Redundancy
5.2 Top
Up/24 Hour Income Protection Insurance
5.3 Project
Productivity/Site Allowance Productivity/Site Allowance Payment - Project
Milestone
6. Environment,
Health, Safety and Rehabilitation (EHS&R)
6.1 Induction
6.2 Environment,
Health and Safety Plans
6.3 The
Safety Committee
6.4 Safety
Procedures
6.5 OH&S
Industry Induction
6.6 Formwork
Safety
6.7 Temporary
Power/Testing and Tagging
6.8 Crane
Safety
7. Dispute
Resolution
7.1 Employer
& Project Wide specific Disputes
7.2 Demarcation
Disputes
7.3 Procedures
to Prevent Disputes Regarding Non-Compliance
8. Monitoring
Committee
9. Productivity
Initiatives
9.1 Inclement
Weather
9.2 Rostered
Days Off
9.3 Maximising
Working Time
9.4 Hours
of Work
10. Immigration
Compliance
11. Long
Service Compliance
12. No
Extra Claims
13. No
Precedent
14. Union
Rights
14.1 Visiting
Union Officials
14.2 Rights
of the Project Delegate
14.3 Union
Membership
15. Australian
Content
16. Protective
Clothing
17. Workers
Compensation and Insurance Cover
18. Apprentices
19. Training
and Workplace Reform
20. Project
Death Cover
21. Anti-Discrimination
22. Personal/Carers
Leave
22.1 Use
of Sick Leave
22.2 Unpaid
Leave for Family Purpose
22.3 Annual
Leave
22.4 Time-off
in Lieu of Payment for Overtime
22.5 Make-up
Time
22.6 Rostered
days off
23. Project
Close-Down Calendar
Annexure
A - Parties
Annexure
B - Authority to obtain details of work rights from DIMIA
1. Objectives
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) Promote and
encourage workplace reform and enterprise bargaining through the establishment
of appropriate certified agreements;
(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) Adoption of a co-operative and
non-adversarial approach to Industrial Relations issues.
(q) Commitment to positive project outcomes
including completion within Budget.
(r) Commitment to the NSW Government Code
of Practice for the Construction Industry.
2. Definitions
"Award" means this "Peppers Resort Project
Agreement Award 2004" made between the Parties.
"Builder" means Barclay Mowlem Construction
Limited of 20 Bridge Street, Pymble, New South Wales.
"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 Barclay Mowlem Construction
Limited and/or any subcontractor engaged to work on the Project.
"Enterprise Agreement" means an agreement
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 8 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.
"Programme Milestones" means the milestones listed
in Clause 5.3 (e)(i) and varied by the Monitoring Committee from time to time.
"Project" means the construction works contracted
to Barclay Mowlem Construction Limited for the Peppers Resort located at
Kingscliff, NSW.
"Project Manager" means the Project Manager
appointed by Barclay Mowlem Construction Limited 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 only 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 Barclay
Mowlem Construction Limited engages sub-contractor/s to carry out works on the
project, 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 This
Award is generally intended to supplement and co-exist within the terms of
existing Enterprise Agreements and Awards and its primary purpose is to provide
a framework for the Employers, the Labor Council and the Unions, to manage
those issues on the Project which affect more than one Employer.
4.
Duration
This Award shall operate on and from the 20th August 2004
until practical completion is achieved or 31st
December 2005 whichever occurs first.
5.
Industry Standards
5.1 Superannuation and Redundancy
(a) Each Employer
will pay on behalf of each of its employees working on the Project a
superannuation contribution of 9% of the employee’s ordinary time earnings, or
a minimum of $100 per week whichever is the greater, to the superannuation fund
nominated in the relevant industrial instruments eg C+BUS/BUSQ, NESS, STA, TWU
or such other scheme approved by the parties.
(b) Each Employer
will make a redundancy contribution on behalf of each of its employees working
on the Project of not less then $61 per week into ACIRT/BERT or other schemes approved by the parties. Such redundancy
contributions will be off-set against an Employers’ enterprise agreement.
(c) The "Superannuation and Redundancy
Scheme" contribution rates for Apprentices are provided for in Clause 20
Apprentices.
5.2 Top Up/24 Hour Income Protection
Insurance
Each Employer will provide Workers Compensation
Top-Up/24 Hour Income Accident Insurance with the U PLUS/CIPSQ scheme or other
similar schemes, which are approved by the Parties to
this Award.
5.3 Project Productivity/Site Allowance
(a) Subject to
provisions herein and subclause 5.3(b) where an Employer has an Enterprise
Agreement in place the Employer will pay a Project Productivity/Site Allowance
for persons engaged on the Project of $2.00 per hour for each hour worked on
the Project. This payment does not attract any penalty or premium. The Project
Productivity/Site Allowance referred to in this clause is not intended to
affect any similar "Productivity/Site Allowance" otherwise payable
under a building award or enterprise agreement as defined in clause 2.
(b) Where an
Employer does not have an Enterprise Agreement in place and is paying his or
her employees under the appropriate building award, the Project
Productivity/Site Allowance for such persons engaged on the project will be
$4.00 for each hour worked on the Project.
(c) Where those
employees who are receiving a Project Productivity/Site Allowance of $4.00 it
shall be in lieu of all Special Rates with the exception of the following:
(i) Heavy Block
Rate
(ii) Explosive
Power Tool
(iii) Toxic
Substances and Toxic Fumes
(iv) Swing Scaffold
(v) Formwork
Certificate Allowance of $0.20 per hour
(d) Transport
Drivers - It is further agreed that any Transport Driver carrying out work
relating to the Project will be paid, in addition to his/her Award or
Enterprise Agreement rate of remuneration, the Project Productivity/Site
Allowance set out in sub-clause 5.3(a) provided the driver has had a regular
involvement of two (2) hours or more on any day with the project.
(e) Productivity/Site
Allowance Payment - Project Milestones
(i) the
performance payment shall relate to achievements for works completed to Project
Milestones. The Peppers Resort Project
Milestones are as follows:
Project Milestone No 1: Ground floor podium slabs to
all buildings completed by 7/2/05
Project Milestone No 2: Concrete Structures to all
buildings completed by 21/3/05
Project Milestone No 3: Roofs to all buildings
completed by 3/5/05
Project Milestone No 4: Certificate of Classification
issued by 26/10/05
Project Milestone No 5: Practical Completion issued by
16/11/05
(ii) the monthly
reviews will certify the achievement of Project Milestones for the purpose of
entitlement to the payment for works completed.
(iii) in the event
that a Project Milestone is not achieved, the Monitoring Committee shall meet
to determine:
The reason why the date of the relevant Project
Milestone was not achieved.
The action required catching up to the Project
Milestone.
If payment shall continue for the coming month.
However, if in spite of the parties best efforts, a
Project Milestone is not achieved for two consecutive months and there are not
extenuating circumstances then the Monitoring Committee shall meet to discuss
why that target has not been achieved and how best, time can be made up to
ensure Project Milestone (s) are achieved.
If a Project Milestone Date is not achieved and there
are not extenuating circumstance(s) acceptable to the Monitoring Committee,
then no payment will be made against achievement of that Milestone.
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.
The parties agree that the Barclay Mowlem Construction
Limited Project Manager, in conjunction with the Monitoring Committee shall
determine if the identified Milestones for the Project have been achieved.
6.
Environment, Health, Safety and Rehabilitation (EHS&R)
6.1 Induction
All Employees must attend an agreed EHS&R site
induction course on commencement of engagement on site.
6.2 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.
6.3 The Safety Committee
The Safety Committee will be properly constituted with
an agreed constitution. All members of the safety committee will undertake
agreed Occupational Health and Safety training with Comet Training or other
agreed providers.
6.4 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.
(d) Where an
unsafe condition has been agreed by the Safety Committee, corrective action
will be implemented immediately. Works will not recommence in this area until
the rectification works have been accepted, by both the Safety Committee and
the Project Manager.
(e) Any
disagreement as to the proper rectification of an unsafe condition shall be
referred to a Work Cover Inspector whose determination shall be binding on all
parties.
6.5 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.
6.6 Formwork
Safety
All persons engaged on the erection or
dismantling of formwork will have the relevant WorkCover Formwork Certificate
of Competency. Where an employee does not have a Certificate of Competency
Comet or an agreed appropriate authority will be contacted to assess the
qualifications of the relevant employee.
6.7 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.
6.8 Crane
Safety
Any mobile crane utilised on the project is
to carry appropriate registration and be fit for purpose. Where a dispute
arises regarding the safety of a mobile crane on the project the parties may seek
the assistance of either the local WorkCover inspector , or Cranesafe Australia
(New South Wales) where a certified assessor is locally based.
7.
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.
7.1 Employer
and Project Wide Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employees or their representative
Union, in the absence of an "Enterprise Agreement" provision, the
following procedure will be adopted:
(a) Discussion
shall occur firstly 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, Barclay Mowlem Construction Limited
and the appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and senior
representatives of Barclay Mowlem Construction Limited (or nominee);
(d) 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).
(e) Work shall
continue without interruption or dislocation during discussion and negotiations concerning the dispute.
7.2 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).
7.3 Procedures to prevent Disputes Regarding
Non- Compliance
(a) Barclay Mowlem Construction Limited in
association with the accredited site union delegate will check monthly payments
of subcontractors’ companies engaged on site superannuation, redundancy and
extra insurance to ensure payments for employees have been made as required.
Barclay Mowlem Construction Limited and site delegate shall also check that
employers have not introduced arrangements such as and not limited to ‘all-in’
payment and or ‘cash-in-hand’ payments, (i.e. a payments designed to avoid tax
and other statutory obligations and sham subcontract arrangements.) Where such
practices are identified Barclay Mowlem Construction Limited will take
immediate steps to ensure that any such arrangements are rectified and that any
Employee affected by any such arrangement receives all statutory entitlements.
(b) Each subcontractor engaged on site will
be specifically advised and monitored in respect of payroll tax and required to
comply with their lawful obligations.
(c) In accordance with Section127 of the Industrial
Relations Act 1996, Section 175(b) of the Workers’ Compensation Act
1987 or Part 5B s1G-31J of the Payroll Tax Act 1971 the principal
contractor will obtain all applicable Sub-Contractors Statements regarding
workers’ compensation, payroll tax and remuneration. A copy of these statements
will be available on request to an accredited trade union officer or site
delegate.
(d) The union delegate or union official
shall advise Barclay Mowlem Construction Limited if they believe the
information, which has been provided by the subcontractor, is not correct.
(e) Any dispute concerning non-compliance
shall be resolved in accordance with the dispute settling procedures of this
award.
8. Monitoring Committee
8.1 The Parties
will establish a committee to monitor the implementation of this Award.
8.2 This
Monitoring Committee if established will meet at the commencement of
construction and then at three monthly intervals or as required during
construction on the Project.
8.3 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) Progression
towards and achievement of set project milestones;
(b) Developing
more flexible ways of working;
(c) Enhancing
occupational, health and safety;
(d) Productivity
plans, and
(e) Compliance
with Award and other statutory requirements by employers.
(f) Constitution and
composition of the Monitoring Committee
8.4 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.
9. Productivity Initiatives
9.1 Inclement
Weather
(a) The Parties to
this Award will collectively proceed towards the minimisation of lost time due
to inclement weather.
(b) Further, the
Parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful work is available in that area or site
and that work is within the scope of the Employee’s skill, competence and
training consistent with the relevant classification structures (provided that
the Employer shall provide transport to such unaffected area where necessary);
(iii) Where the
initiatives described in (b) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
(iv) All Parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
(v) The Parties
agree the practice of "one out, all out" will
not occur.
9.2 Rostered Days Off
The implementation of Rostered Days Off (RDO's) is set
down in clauses 22.6 and 23. The purpose which is to:
(a) increase the
quality of working life for Employees; and
(b) Increase the
productivity of the Project.
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.
9.3 Maximising
Working Time
The Parties agree that crib and lunch breaks may be
staggered for Employees so that work does not cease during crib and lunch.
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.
9.4 Hours of Work
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.
10. Immigration Compliance
10.1 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 Barclay Mowlem Construction Limited of
the importance of immigration compliance.
Where there is concern that illegal immigrants are being engaged by an
employer on the Project, Barclay Mowlem Construction Limited will act
decisively to ensure compliance.
10.2 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 Annexure B will assist in providing evidence of the employee’s legal status.
11. Long Service Compliance
If applicable, and in accordance with the NSW Building and
Construction Industry Long Service Leave Act, no Employee will be engaged on site
unless he or she is a worker registered with the NSW Long Service Payments
Corporation All Employers (if applicable) engaged on site will be registered as
employers in accordance with the NSW Building and Construction Industry Long
Service Payments Act and will strictly comply with their obligations.
12. No Extra Claims
The Parties agree that they will not pursue extra claims in
respect of matters covered by this Award (including but not limited to any
claim for a disability allowance) during the term of this Award.
13. No Precedent
The Parties agree not to use this Award as a precedent and
that this Award will in no way create a claim for flow-on of on-site wage rates
and conditions.
14.
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.
14.1 Visiting Union Officials
(a) Union officials (party to this Award)
shall when arriving onsite, call at the site office and introduce themselves to
the Barclay Mowlem Project Manager prior to pursuing their union duties.
(b) Union officials shall produce their
right of entry permits, if required, and observe the relevant Building Awards,
the Occupational Health and Safety Act and Regulations, and other statutory/legislative
obligations for entry to the site.
(c) Union officials with the appropriate
credentials shall be entitled to inspect all such wage records, other payment
records and related documentation necessary to ensure that the Employers are
observing the terms and conditions of this Award.
(d) All such wages books and other payment
records shall be made available within 48 hours on site or at another
convenient, appropriate place, provided the Union gives notice to the Employers
and the Project Manager.
(e) Such inspections shall not take place
unless there is a suspected breach of this Award, other appropriate Building
Awards, Enterprise Agreements, the Industrial Relations Act 1996 (NSW),
or other Employer Statutory requirements.
(f) Where it is felt necessary by an
officer of the union to call a meeting of union members, the Company will be
advised prior to doing so and a mutually agreeable meeting time shall be
determined.
14.2 Rights of the Project Delegate
In this clause
the expression "delegate" means an employee who is the accredited
representative of the union on the Project.
(a) The Parties acknowledge it is the sole
right of the Project workforce to elect the Project Delegate, who shall be
recognised as the authorised representative of the Unions in respect of the
Project.
(b) The Project Delegate shall have the
right to approach or be approached by any Employee of an Employer to discuss
industrial matters with that Employee during normal working hours.
(c) The Project Delegate shall have the
right to communicate with the Project workforce in relation to industrial
matters without impediment by an Employer. Without limiting the usual meaning
of the expression "impediment", this provision applies to the
following conduct by an Employer:
(i) moving the Project Delegate to a
workplace or work situation which prevents or significantly impedes
communication with the Project workforce;
(ii) changing the Project Delegate’s shifts
or rosters so that communication with Employees is prevented or significantly
impeded;
(iii) disrupting duly organised meetings.
(d) The Project Delegate shall be entitled
to represent the Project workforce in relation to industrial matters on the
Project, and without limiting the generality of that entitlement is entitled to
be involved in representing the Project workforce:
(i) the introduction of new technology on
the Project and other forms of workplace change;
(ii) career path, reclassification, training
issues; and to initiate discussions and negotiations on any other matters
affecting the employment of the Employees;
(iii) ensuring that Employees on the Project
are paid their correct wages, allowances and other lawful entitlements;
(iv) to check with relevant industry schemes so
as to ensure that superannuation, long service leave and redundancy has been
paid on time.
(e) 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:
(i) 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;
(f) 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 impacting on
employees.
(g) The Employer of the Project Delegate
shall provide to the Project Delegate the following:
(i) A lockable cabinet for the keeping of
records;
(ii) Access to a meeting room;
(iii) Use of the telephone for legitimate union
business associated with the Project;
(iv) From existing resources, and when required
for legitimate union Project related business, access to a word-processor,
typewriter, a photocopier, facsimile machine.
14.3 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, 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 regular agreed basis with enough information supplied to enable the Union to
carry out reconciliation.
Nothing in
this clause shall be contrary to the relevant legislation or freedom of
association provisions.
15. Australian Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
and feasible.
16. Protective Clothing
16.1 Unless provided
for in an Employers "Enterprise Agreement" , Employers will provide
their Employees engaged on site with legally produced Australian made
protective clothing and footwear on the following basis:
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on commencement
if not already provided, to all persons engaged on site and will be replaced 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.
16.2 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 on this Project until the expiry of
the calendar year or on a fair wear and tear basis.
16.3 Employees who
receive from their Employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the Employer’s policy, EBA, or relevant
industrial instrument shall not be entitled to the provisions of this clause.
16.4 Employers will
consult with the CFMEU to be provided with a list of Australia Manufacturers
who do not use illegal or exploited labour in the manufacturing of their work
clothes.
17.
Workers Compensation and Insurance Cover
17.1 Employers must
ensure that all persons that they engage to work on the Project are covered by
workers compensation insurance.
17.2 Barclay Mowlem
Construction Limited 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.
17.3 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.
17.4 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;
17.5 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
17.6 The
Employer will also complete the relevant accident notification form and send it
to WorkCover.
18.
Apprentices
18.1 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.
18.2 The Parties acknowledge for Apprentices
the superannuation contribution rate is 9% of ordinary time earnings, which
shall be made to the superannuation fund nominated in the relevant industrial
instruments being C+BUS/BUSSQ or other schemes approved by the Parties.
18.3 The minimum contribution rates for
Apprentices into ACIRT or BERT or other schemes approved by the parties will be
as follows:
1st Year
|
$15.00 per week
|
2nd Year
|
$30.00 per week
|
3rd Year
|
$45.00 per week
|
4th Year
|
$61.00 per week
|
All the above
rates will remain fixed for the life of this Project Award
19. Training and Workplace Reform
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.
20. Project Death Cover
Barclay Mowlem Construction Limited will guarantee the legal
beneficiary of any employee who dies from a workplace injury 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.
21.
Anti-Discrimination
21.1 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.
21.2 This
includes discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
21.3 It
follows that in fulfilling their obligations under the dispute resolution
procedure prescribed by this Award, the parties have obligations to take all
reasonable steps to ensure that the operation of the provisions of this Award
are not directly or indirectly discriminatory in their effects. It will be consistent with fulfilment of
these obligations for the parties to make application to vary any provision of
the Award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
21.4 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.
21.5 Nothing
in this clause is to be taken to affect:
(a) any
conduct or act which is specifically exempted from anti-discrimination
legislation;
(b) offering
or providing junior rates of pay to persons under 21 years of age;
(c) any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1977;
(d) a
party to this Award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
This clause does not create legal rights or
obligations in addition to those imposed upon the parties by legislation
referred to in this clause.
22.
Personal/Carers Leave
22.1 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 22.1 (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.
22.2 Unpaid
Leave for Family Purpose
An Employee
may elect, with the consent of the Employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in 22.1
(c)(ii) above who is ill.
22.3 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 22.3(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.
22.4 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, which is an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph 24.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with paragraph 22.4(a), the Employee shall be
paid overtime rates in accordance with the award.
22.5 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.
22.6 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 sub
clause is subject to the Employer informing each Union which is both party to
the Award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the Unions to participate in
negotiations.
23.
Project Close-Down Calendar
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).
Project Closedown Calendar 2004
*Monday
August 16
|
Paid RDO
(flexible)
|
|
|
*Monday
September 13
|
Paid RDO
(flexible)
|
|
|
Saturday
October 2
|
No Work
Saturday RDO
|
Sunday
October 3
|
No Work
Sunday
|
Monday
October 4
|
No Work paid
Labour Day Public Holiday
|
*Tuesday
October 5
|
Paid RDO
(fixed)
|
|
|
*Monday
November 8
|
Paid RDO
(flexible)
|
|
|
Saturday
December 4
|
No Work
Saturday RDO
|
Sunday
December 5
|
No Work
Sunday
|
Monday December
6
|
No Work paid
Union Picnic Day
|
*Tuesday
December 7
|
Paid RDO
(fixed)
|
|
|
Friday
December 24
|
Paid RDO
(fixed)
|
Saturday
December 25
|
No Work paid
Xmas Day
|
Sunday
December 26
|
No Work
Boxing Day
|
Monday
December 27
|
No Work paid
Boxing Day Public Holiday
|
|
|
*Friday
December 31
|
Paid RDO
(flexible)
|
* Award RDO’s
Project Closedown Calendar 2005
|
Saturday January 1
|
No Work New Year’s Day
|
|
Sunday January 2
|
No Work Sunday
|
|
Monday January 3
|
No Work paid New Year’s Day Public Holiday
|
|
|
|
|
Wednesday January 26
|
No Work paid Australia Day Public Holiday
|
|
Thursday January 27
|
Paid RDO (fixed)
|
|
*Friday January 28
|
Paid RDO (fixed)
|
|
Saturday January 29
|
No Work Saturday
|
|
Sunday January 30
|
No Work Sunday
|
|
|
|
|
*Monday February 28
|
Paid
RDO (flexible)
|
|
|
|
|
Friday March 25
|
No Work paid Good Friday Public Holiday
|
|
Saturday March 26
|
No Work Saturday RDO
|
|
Sunday March 27
|
No Work Sunday
|
Monday March 28
|
No Work paid Easter Monday Public Holiday
|
*Tuesday March 29
|
Paid RDO (fixed)
|
|
|
*Friday April 22
|
Paid RDO (fixed)
|
Saturday April 23
|
No Work Saturday RDO
|
Sunday April 24
|
No Work Sunday
|
Monday April 25
|
No Work paid Anzac Day Public Holiday
|
|
|
*Monday May 23
|
Paid RDO (flexible)
|
|
|
Saturday June 11
|
No Work Saturday RDO
|
Sunday June 12
|
No Work Sunday
|
Monday June 13
|
No Work paid Queen’s Birthday
Public Holiday
|
*Tuesday June 14
|
Paid RDO (fixed)
|
|
|
*Monday July 11
|
Paid RDO (flexible)
|
|
|
*Monday September 5
|
Paid RDO (flexible)
|
|
|
Saturday October 1
|
No Work Saturday RDO
|
Sunday October 2
|
No Work Sunday
|
Monday October 3
|
No Work paid Labour Day Public Holiday
|
*Tuesday October 4
|
Paid RDO (fixed)
|
|
|
*Monday October 24
|
Paid RDO (flexible)
|
|
|
*Monday November 21
|
Paid RDO (flexible)
|
|
|
Saturday December 3
|
No Work Saturday RDO
|
Sunday December 4
|
No Work Sunday
|
Monday December 5
|
No Work paid Union Picnic Day
|
*Tuesday December 6
|
Paid RDO (fixed)
|
|
|
*Friday December 23
|
Paid RDO (fixed)
|
Saturday December 24
|
No Work Saturday
|
Sunday December 25
|
No Work Xmas Day
|
Monday December 26
|
No Work paid Xmas Day Public Holiday
|
Tuesday December 27
|
No Work paid Boxing Day Public Holiday
|
|
|
|
* Award RDO’s
ANNEXURE A
PARTIES
Part 1
EMPLOYERS:
Barclay Mowlem Construction Limited
and any Sub-contractors engaged to work on the Project.
Part 2
UNIONS:
Labor Council of New South Wales
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)
Automotive Food Metals Engineering Printing & Kindred
Industries Union (also known as AMWU)
Transport Workers’ Union of Australia, New South Wales
Branch
ANNEXURE B
Authority to obtain details of work rights from DIMIA
|
|
EMPLOYEE
DETAILS
|
As
specified in passport or other identity document)
|
|
Family Name:
|
|
|
Given
Name(s):
|
|
|
|
Other
Name(s) used (e.g. maiden name):
|
|
|
|
Date
of Birth:
|
|
|
Nationality:
|
|
Passport Number
|
|
|
|
|
Visa
Number:
|
|
Visa Expiry Date
|
|
|
I
authorise the Department of Immigration and Multicultural and Indigenous
Affairs (DIMIA) to release the
|
details
of my work rights status (that is, my entitlement to work legally in
Australia) to the named employer/
|
labour
supplier.
|
|
I
understand that these details are held by DIMIA on departmental files and computer
systems. I also
|
understand
that the employer/labour supplier will use this information for the purposes
of establishing my
|
legal
entitlement to work in Australia, and for no other purpose.
|
|
Employee Signature:
|
|
|
Date:
|
|
|
EMPLOYER/LABOUR
SUPPLIER DETAILS
|
|
Business Name:
|
|
|
Business
Street Address:
|
|
|
|
|
Type
of Business:
|
|
|
Name
of Contact Person:
|
|
|
Telephone:
|
|
|
|
Fax:
|
|
|
|
Note
that the employee’s work rights status will be sent directly to the fax
number given above.
|
|
Please
ensure that this number is correct
|
|
The
completed form should be faxed to 1800 505 550
|
|
If
all details match with our records, the employee’s work rights status will be
faxed to you within one working
|
day.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.