THIESS JOHN HOLLAND PROJECT AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Thiess John Holland.

 

(No. IRC 4749 of 2004)

 

 

AWARD

 

Clause No.          Subject Matter

 

1.         Objectives

2.         Definitions

3.         Duration

4.         Application

5.         Performance Incentive Payment (PIP)

6.         Industry Standards

7.         Occupational Health, Safety and Rehabilitation

8.         Dispute Settlement Procedures

9.         Alcohol and Drugs

10.       Monitoring Committee

11.       Productivity Initiatives

12.       Immigration Compliance

13.       Long Service Compliance

14.       Union Rights and Representation

15.       Union Membership

16.       Protective Clothing

17.       Workers' Compensation and Insurance Cover

18.       Apprentices

19.       Training and Workplace Reform

20.       Anti-Discrimination

21.       Personal/Carer's Leave

22.       Project Closedown Calendar

23.       Industry Convention

24.       Project Death Cover

25.       Single Bargaining Unit

26.       No Extra Claims

 

Annexure A - Deleted

Annexure B - Parties

Annexure C - Authority to Obtain Details of Work Rights from DIMIA

Annexure D - Closedown Calendar

Annexure E - Project Target Completion Milestones

 

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)        Improve productivity by initiatives aimed at:

 

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

 

(ii)        Health and safety

 

(iii)       Training and skill formation

 

(iv)       Flexible workplace practices

 

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

 

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

 

(d)        Promote and implement improved work methods and productivity.

 

(e)        Promote compliance with the NSW Government Construction Industry Code of Practice.

 

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

 

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

 

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

 

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

 

(j)         Promote a work/life balance for Employees.

 

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

 

(l)         Improve quality of work.

 

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

 

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

 

(o)        Provide quality facilities and amenities.

 

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

 

(q)        Implement this Award and compliance with all relevant statutory provisions.

 

(r)         Excellence in Environmental Management - the Parties recognise that the location and nature of the Project provides unique challenges in relation to environmental matters are committed to ensuring that any negative impacts upon the environment are minimised.

 

(s)        Improved compliance by subcontractors with applicable Awards and/or Enterprise Agreements and legislative requirements.

 

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

 

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

 

(v)        Community Impact - the Parties recognise the nature and location of the Project presents unique challenges and are therefore committed to minimising any negative impact upon the community arising from the Project.

 

2.  Definitions

 

"Award" means the Thiess John Holland Project Award made between the Parties.

 

"TJH". means Thiess John Holland, being a Joint Venture between Thiess Pty Ltd and John Holland Pty Ltd.

 

"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.  This Award does not apply to direct Employees of TJH who are not "Employees" as defined in this Award.

 

"Employer" means any subcontractor/s engaged to work on the Project.

 

"Enterprise Agreement" means an agreement registered or certified under the Workplace Relations Act 1996 or approved under the Industrial Relations Act 1996.

 

"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 TJH, the Employers and the Unions referred to in Annexure B.

 

"Practical Completion" means the completion of the Project where the tunnel and associated roadworks are completed to a standard that allows the motorway to be opened to the public.

 

"Project" or the "Lane Cove Tunnel and Roadworks Construction Project" means the infrastructure Project performed under the Design and Construction Deed for the Lane Cove Tunnel Company involving the construction of a 3.6 kilometre, two and three lane tunnel linking the Gore Hill Freeway and the Lane Cove River and associated roadworks on the Gore Hill Freeway and Epping Road.

 

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

 

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

 

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

 

3.  Duration

 

This Project Award shall operate on and from 1 May 2004 until Practical Completion of the Project.

 

4.  Application

 

4.1        This Project Award shall be known as the Thiess John Holland Project Award and shall cover work carried out by Employees on the Project sites.

 

4.2        Where TJH engages subcontractor/s, it shall make it a condition of any contract that it enters into with its subcontractor/s that they will not employ or otherwise engage persons on wages and conditions which are less favourable than those set out in this Project Award.

 

4.3        This Project Award will apply to work done on the Project by the Employees for the period the Employer engages the Employees to work on the Project.

 

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

 

5.  Performance Incentive Payment (PIP)

 

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

 

5.2        Subject to the Parties complying with the terms and objectives of this Award and subject to subclause 5.4 of this clause, the Employer will pay a Project Productivity Allowance for persons engaged on the Project for each hour worked on the Project.

 

Payment of the PIP will be:

 

$4.00 per hour PIP from 1 May 2004.

 

$4.50 per hour PIP from 1 December 2005.

 

5.3        This allowance will be paid on an hours worked basis only and will not attract any premium or penalty.  The productivity allowance referred to in this clause is not intended to affect any equivalent allowance otherwise payable under a building Award or Enterprise Agreement (as defined in clause 2 of this Award).

 

5.4        Transport Drivers

 

(a)        Employees - Rates of Pay

 

It is further agreed that any Transport Worker carrying out work relating to the Project will be paid, in addition to his/her Award or Enterprise Agreement rate of remuneration, any applicable Project Productivity Allowance, provided that the driver has had a regular involvement of two hours or more on any day with the Project.

 

(b)        Contract Carrier

 

The Parties agree that all Contract Carriers involved in the transport industry shall be paid the rates of pay applicable under the Transport Industry - Excavated Materials, Contract Determination for the cartage of materials to, on and from the site.

 

(c)        GST

 

Rates paid to Contract Carriers, including any applicable Project Productivity Allowance, shall be exclusive of GST.  A separate amount equal to 10% of the value of the remuneration payable shall be paid to the carrier for contracts of carriage (the GST amount).  The total fee payable to the contract carrier shall be the sum of the remuneration payable and the GST amount.

 

6.  Industry Standards

 

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

 

Superannuation and Redundancy

 

(a)        The Parties acknowledge that a contribution of $95.00 per week or 9% of ordinary time earnings 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 minimum payment made for superannuation for apprentices working on the Project shall be $50.00 per week.

 

(b)        The Employers will make a weekly contribution into ACIRT or MERT or other schemes approved by the Parties:

 

$90.00 per week from 1 May 2004

 

$100.00 per week from 1 June 2005

 

$105.00 per week from 1 March 2006.

 

The Employers shall make a contribution of no less than $40.00 per week for apprentices working on the Project.

 

Top-Up/24-Hour Income Protection Insurance

 

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

 

7.  Occupational Health, Safety and Rehabilitation

 

7.1        Induction

 

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

 

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

 

7.2        Occupational Health and Safety Plans

 

(a)        All Employers must submit a safety, health, and rehabilitation management plan.  These plans should include evidence of:

 

(i)         risk assessment of their works

 

(ii)        hazard identification, prevention and control

 

(iii)       planning and re-planning for a safe working environment

 

(iv)      industry and trade specific induction of Employees

 

(v)       monitoring performance and improvement of work methods

 

(vi)      reporting of all incidents/accidents

 

(vii)     compliance verification

 

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

 

7.3        Safety Committees

 

(a)        TJH shall establish Safety Committee(s) in each designated work area in accordance with the Occupational Health and Safety Act 2000.  All members of the Safety Committee(s) shall receive the appropriate training to allow them to perform their duties in accordance with the legislation.

 

(b)        The Parties recognise the role and status of OHS Committee(s) established under the Occupational Health and Safety Act 2000.  The Parties accept that the OHS Committee is the consultative body charged with assisting the outcome of a safe workplace.

 

7.4        Safety Procedures

 

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

 

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

 

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

 

7.5        OH&S Industry Induction

 

No person will be engaged on the Project site unless he or she has completed the WorkCover NSW accredited General Construction OHS Induction course.

 

7.6        Safety Policies

 

(a)        The Parties recognise the importance of all persons engaged on the Project working in a safe environment.  TJH will develop and implement a number of procedures that will apply on the Project through the work area OHS Committees.

 

(b)        TJH shall implement and Employees be bound by the following procedure with respect to occupational health and safety:

 

Equal Employment Opportunity Workplace Harassment and Bullying Procedure - the Project is committed to a policy of equal employment opportunity ensuring that any form of discrimination or harassment is eliminated from the workplace and that all Employees have equal access to opportunities within the Company.

 

(c)        The Parties and Employees must adhere to the requirements of these procedures.

 

(d)        These procedures will be clearly communicated to all persons on the Project.  This will include explanation at TJH induction and the display of the policies and procedure(s) on the Project.

 

7.7        Formwork Safety

 

All persons engaged on the erection or dismantling of formwork will do so in a manner consistent with the AS3610 Standard of Formwork and have the relevant WorkCover Formwork Certificate of Competency.  Where an Employee does not have a Certificate of Competency, an agreed provider will be contacted to assess the qualifications of the relevant Employee.

 

7.8        Temporary Power/Testing and Tagging

 

In order to maintain the highest standards of safety in regards to the use of electricity during construction, it is agreed that all work will comply with the requirements of the Code of Practice Electrical Practices for Construction Work.  All electrical leads, portable power tools, junction boxes and earth leakage devices will be tested, inspected by a suitably qualified electrician and labelled with a tag of current date.

 

7.9        Crane Safety

 

No mobile crane will be allowed on the Project site unless it has been registered and inspected by WorkCover (or WorkCover accredited provider, e.g. Cranesafe).  Such cranes will be required to display their current registration.

 

8.  Dispute Settlement Procedures

 

One of the aims of this Project Award is to eliminate and prevent lost time in the event of a dispute and to achieve prompt resolution of any dispute.

 

8.1        Employer-Specific Disputes

 

In the event of a dispute or conflict occurring specifically between an Employer and its Employees or their representative Union, the following steps will be adopted.  The Parties to the dispute will genuinely endeavour to resolve the dispute at the earliest opportunity:

 

(a)        Discussion between those directly affected will occur;

 

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

 

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

 

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

 

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

 

(f)         If the dispute is not resolved after step (e), Parties to the Project Award may notify the dispute to the Industrial Relations Commission of New South Wales and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996;

 

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

 

8.2        Project-Wide Disputes

 

In the event of a dispute or conflict affecting more than one Employer occurring, the following procedure will be adopted.  The Parties to the dispute will genuinely endeavour to resolve the dispute at the earliest opportunity:

 

(a)        Discussion between those directly affected will occur;

 

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

 

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

 

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

 

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

 

(f)         If the dispute is not resolved after step (e), Parties to the Project Award may notify the dispute to the Industrial Relations Commission of New South Wales and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996;

 

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

 

8.3        Demarcation Disputes

 

In the event that a dispute arises which cannot be resolved between the relevant Unions, the Unions agree to the following dispute-settling procedure:

 

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

 

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

 

(c)        If the dispute is not resolved after step (b), either Union may notify the dispute to the Industrial Relations Commission of New South Wales to resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996.

 

8.4        Procedures to Prevent Disputes regarding Non-Compliance

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(i)         comply with the Code;

 

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

 

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

 

2.          annual leave;

 

3.          long service leave;

 

4.          workers' compensation insurance;

 

5.          superannuation fund membership and contributions; and

 

6.          payroll tax.

 

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

 

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

 

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

 

(d)        With the aim of achieving this result, TJH will:

 

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

 

(ii)        monitor subcontractor compliance by:

 

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

 

1.          Payments for Employees have been made as required; and

 

2.          Subcontractors have not introduced arrangements (for example, "all-in" payments and "cash in hand" payments) designed to avoid tax and other statutory obligations.  If any such arrangements are identified, TJH will take immediate steps to ensure that they are rectified and that any Employee affected by any such arrangement receives all relevant statutory entitlements.

 

3.          This process can occur in association with the appropriate Union official/site delegate if requested to do so.

 

(b)        In accordance with section 127 of the Industrial Relations Act 1996, section 175(b) of the Workers Compensation Act 1987 and Part 5B s1G-31J of the Payroll Tax Act 1971, obtaining from each subcontractor on a regular basis a subcontractor statement regarding workers' compensation, payroll tax and remuneration.

 

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

 

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

 

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

 

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

 

8.6        Safety Dispute Resolution Procedures

 

(a)        The Parties to this Agreement agree to do all things practicable to maintain the site in a safe condition.

 

(b)        If a safety problem has been identified in a particular work area, the work area OHS Committee representative will inspect the area with management representatives and they will determine the appropriate action to be taken;

 

(c)        Work shall cease only in areas immediately affected by a reasonable concern as to the existence of an imminent risk to health and safety;

 

(d)        Work in other areas shall continue without interruption and all Employees shall remain available on site to carry out work in areas not immediately affected and/or to carry out rectification works. Priority will be given to safety rectification.

 

(e)        No Employee will be required to work in any unsafe area or situation, as determined by the work area OHS Committee representative(s).

 

(f)         Should a safety dispute arise over whether one or more work areas are safe or not, the Parties agree the following procedure shall apply:

 

When an Employee becomes aware of an unsafe situation, the Employee must rectify the situation, if it is within their competence to do so.

 

Where the situation cannot be rectified, immediate inspection of the affected areas will be carried out by TJH safety management and the work area OHS Committee representative;

 

As safety rectification work is agreed for each area, all Employees shall immediately commence such rectification work;

 

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

 

Employees shall not leave the Project site unless directed to do so;

 

Should any dispute arise as to the rectification work required to any area, the Safety Committee chairperson, TJH representative or the Union(s) may call upon WorkCover NSW to assist.  Where WorkCover NSW is called in, the Parties agree to be bound by that determination.  Further, the Parties shall abide by the New South Wales Government Code of Practice for the Construction Industry in regards to settling safety disputes.

 

8.7        Public Safety

 

(a)        If a situation requires work to make it safe for the public, the Parties shall do everything within their competence to achieve a safe condition.

 

(b)        If such a situation is identified, the necessary remedial work shall be done, if safe to do so, immediately.

 

9.  Alcohol and Drugs

 

9.1        Employers and the Unions are committed to creating and maintaining an environment where people recognise the health and safety risks of misusing alcohol and drugs.  TJH regards the misuse of drugs or alcohol in the workplace as a very serious issue.

 

9.2        Under no circumstances will any Employee affected by alcohol and/or affected by any other drug be permitted to work and/or operate any equipment on the Project.  This provision extends to the consumption of drugs and/or alcohol during meal and rest breaks.  Employees affected by alcohol and/or other drugs are a safety hazard to themselves and all others present at the worksite.

 

9.3        If an Employee is affected by alcohol or any other drug and is sent home to recover, he or she will not be paid for the lost time.

 

9.4        If use of drugs and/or alcohol in the workplace is repeated, then, depending upon the circumstances, the Employer may take disciplinary action, which it considers to be appropriate, up to, and including, dismissal, in accordance with the disciplinary procedure.  Employers agree to make sure that the relevant Employee is made aware of the availability of drug and alcohol treatment and/or counselling.

 

9.5        Smoking is not permitted in any Company site office, mess/change shed or sanitary facilities or vehicles or any other amenities where appropriate signage is displayed.

 

10.  Monitoring Committee

 

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

 

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

 

10.3      The Monitoring Committee will consider ways in which the aims and objectives of this Project Award can be enhanced, which may include, but not be limited to, discussion of:

 

developing more flexible ways of working;

 

enhancing occupational health and safety;

 

productivity plans; and

 

compliance with Project Award and other statutory requirements by Employers.

 

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 comply with their workplace reform initiatives outlined in their Enterprise Agreement.

 

11.2      Inclement Weather

 

(a)        The Parties to this Project Award will collectively proceed towards the minimisation of lost time due to inclement weather.

 

(b)        Further, the Parties are bound to adopt the following principles with regard to inclement weather and idle time created by inclement weather:

 

(i)         Adoption of a reasonable approach regarding what constitutes inclement weather;

(ii)        Employees shall accept transfer to an area or site not affected by inclement weather if, in the opinion of the Parties, useful work is available in that area or site and that work is within the scope of the Employee’s skill, competence and training consistent with the relevant classification structures (provided that the Employer shall provide transport to such unaffected area where necessary);

 

(iii)       Where the initiatives described in subparagraph (ii) of this paragraph 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;

 

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

 

11.3      Rostered Days Off

 

(a)        Subject to clause 22, Project Closedown Calendar, a procedure for the implementation of rostered days off (RDO's) will be agreed on the Project, the purpose of which is to:

 

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

 

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

 

(b)        A roster of RDO's will be prepared, following consultation with the workforce and Parties to this Award.

 

(c)        Records of each Employee’s RDO accruals will be recorded on the Employee’s payslip and copies made available to the Employee, the Employee’s delegate or Union official upon request.

 

11.4      Maximising Working Time

 

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

 

11.5      Hours of Work

 

Ordinary hours of work shall be eight hours per shift between 6.00 am and 6.00 pm Monday to Friday.  However, ordinary hours may commence from 5.00 am 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 TJH of the importance of immigration compliance and TJH’s requirement that no illegal immigrants are to be engaged on the Project.

 

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

 

13.  Long Service Compliance

 

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.  Union Rights and Representation

 

14.1      Intent

 

(a)        The Parties to this Agreement acknowledge the right of Employees to be active Union members and respect the right of the Union to organise and recruit members.  The Parties to this Agreement also acknowledge that good communication between the Union official, the delegate and its Union members is an important mechanism in assisting the Parties to resolve grievances and disputes in a timely fashion.

 

(b)        The Parties are committed to developing and maintaining a positive and practical working relationship between the TJH and Union officials and delegates based on good communication, adherence to the provisions of this Agreement, and mutual respect of each Parties operational objectives.  This relationship will aim to manage problems early and avoid disputes and industrial action.

 

14.2      Visiting Union Officials

 

(a)        Union officials (of Unions party to this Agreement), when arriving at a site for the first time, shall be inducted prior to pursuing their Union duties, thereafter when visiting the site, shall call at the site office and introduce themselves to a management representative of the TJH, prior to pursuing their Union duties.

 

(b)        Union officials shall produce their right of entry permits, if required, and observe the Award, the Occupational Health and Safety Act 2000 and Regulations and other statutory/legislative obligations for entry to the site.

 

(c)        Union officials with the appropriate credentials shall be entitled to inspect all such wage records, other payment records and related documentation necessary to ensure that TJH are observing the terms and conditions of this Agreement.

 

(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 TJH by the Union(s).

 

(e)        Such inspections shall not take place unless there is a suspected breach of this Award, the Industrial Relations Act 1996 or other Employer Statutory requirements.

 

14.3      Workplace Delegates

 

(a)        Definition

 

In this clause the expression "delegate" means an Employee who is the accredited representative of the Union at an Employer’s workplace and, if there is more than one delegate in respect of the workforce, then the expression "delegate" means each and every such delegate so accredited by the Union in relation to that Employer’s workforce.

 

The Parties acknowledge that a reasonable approach must be taken in relation to the number of persons that are recognised as delegates for a particular area of work.

 

(b)        Rights of the Delegate

 

(i)         It is the intention of TJH and the Union that delegates are engaged - like other Employees - primarily as construction Employees to perform active construction work.  It is not the intention of the Parties that this allows for a designated delegate to work in a "full-time shop steward" role.  All Employees, including the designated delegates, must work as directed by their supervisor.  Supervisors will act consistent with the intent referred to in this clause.

 

(ii)        The Parties acknowledge it is the sole right of the Union and its members to elect the delegate for each worksite, who shall be recognised as the authorised representative of the Union at the site.

 

(iii)       The delegate shall have the right to approach or be approached by any Employee to discuss industrial matters with that Employee during normal working hours.

 

(iv)      The delegate shall have the right to communicate with members of the Union in relation to industrial matters without impediment by TJH.  Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by TJH:

 

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.

 

(v)       The Parties acknowledge this clause does not limit the right of TJH to reasonably meet their operational requirements.

 

(vi)      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 as follows:

 

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 initiating 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.

 

(vii)     In order to assist the delegate to effectively discharge his or her duties and responsibilities, the delegate shall be afforded the following rights:

 

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;

 

10 days' paid time off work per annum to attend relevant Union training courses/forums;

 

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

 

(viii)    TJH shall provide to the delegates access to 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;

 

access to a meeting room;

 

use of the telephone for legitimate Union business;

 

from existing resources, and when required, access to:-

 

a computer, photocopier, facsimile machine, typewriter or secretarial support at the workplace.

 

(ix)       There shall be no deduction to wages where the Union requires a delegate to attend any Court or Industrial Tribunal proceedings directly relating to industrial matters at the Project.  The Parties acknowledge that delegates will not be entitled to payment where the provisions of the Industrial Relations Act 1996 prohibit such payment.  To avoid doubt, this means that delegates will not be entitled to payment when engaged in industrial action.

 

15.  Union Membership

 

15.1      The Employer and Employees recognise the role of the Unions in negotiating this Award and the Union’s commitment to maintaining the integrity of the Award during its life.

 

15.2      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 voluntary Union membership.

 

15.3      To assist in this process, subject to the law, the Employer shall:

 

(a)        If requested by the Union, provide payroll deduction services for Union fees.  Such payroll deductions shall only be made where individual Employees have authorised the deduction in writing by completing the form provided by the Employer.  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; and

 

(b)        Provide the Union with access to talk to new Employees at an agreed time.

 

16.  Protective Clothing

 

16.1      Employers will provide their Employees engaged on site with protective clothing and footwear which shall be Australian-made where practicable 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 basis provided they are produced to the Employer as evidence.

 

(b)        Clothing

 

Three sets of protective clothing (combination of overalls, bib and brace or trousers and shirts) will be supplied to all persons at engagement on site and will be replaced once per calendar year as a result of fair wear-and-tear provided that they are produced to the Employer as evidence.

 

(c)        Jacket

 

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

 

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      TJH 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:

 

All Employees will report injuries to the Project first-aider and their supervisor at the earliest possible time after the injury.

 

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

 

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 Workplace Injury Management and Workers Compensation Act 1998, which provides 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.  An Employer who receives a claim for compensation must, within seven days of receipt, forward the claim or documentation to their insurer;

 

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

 

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

 

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

 

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.  Employers will be encouraged to comply with the NSW Training Management Guidelines 2000.

 

19.  Training and Workplace Reform

 

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

 

20.  Anti-Discrimination

 

20.1      It is the intention of the Parties to 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.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

20.2      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 the 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.

 

20.3      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.

 

20.4      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 trainee or apprenticeship rates of pay;

 

(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.

 

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

 

Notes:

 

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

 

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

 

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

 

21.  Personal/Carer's Leave

 

21.1      Use of Sick Leave

 

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

 

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

 

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

 

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

 

(ii)        The person concerned being:

 

1.          A spouse of the Employee; or

 

2.          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

 

3.          A child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian) grandparent, grandchild or sibling of the Employee or spouse or de facto spouse of the Employee; or

 

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

 

5.          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.

 

21.2      Unpaid Leave for Family Purpose

 

An Employee may elect, with the consent of the Employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause 21.1 of this clause who is ill.

 

21.3      Annual Leave

 

(a)        An Employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944, 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 subclause 21.2 of this clause, shall be exclusive of any shutdown period provided for elsewhere under the Award.

 

(c)        An Employee and Employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

21.4      Time Off in Lieu of Payment for Overtime

 

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

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

 

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

 

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

 

21.5      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.

 

21.6      Rostered Days Off

 

(a)        An Employee may elect, with the consent of the Employer, to take a rostered day off at any time.

 

(b)        An Employee may elect, with the consent of the Employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the Employer and Employee, or subject to reasonable notice by the Employee or the Employer.

 

(c)        This subclause is subject to the Employer informing each Union which is both Party to the Project Award and which has members employed at the particular Enterprise of its intention to introduce an Enterprise system of RDO flexibility and providing a reasonable opportunity for the Unions to participate in negotiations.

 

22.  Project Closedown Calendar

 

For the purposes of this Project Award, the Parties agree that the calendar in Annexure D will be adopted for the Project.  The calendar has been produced with a view to maximising quality leisure time off for all Employees.  Accordingly, the Parties agree that, on the weekends identified in the calendar, no work shall be carried out.

 

Provided, however, that where there is an emergency or special client need, work can be undertaken on the weekends and adjacent RDOs as set out in the calendar, subject to the Award of the appropriate Union Secretary or nominee.  In such circumstances, reasonable notice (where possible) shall be given to the Union (or Union delegate).

 

23.  Industry Convention

 

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

 

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

 

24.  Project Death Cover

 

The Employer will guarantee the beneficiary of any Employee who dies as a consequence of working on the Project be paid a death benefit of $25,000.00.  Such benefit shall be paid within 14 days of the production of appropriate documentation.  This payment shall be in addition to any other entitlement that might be paid to the beneficiary as a consequence of the death of the Employee.

 

 

25.  Single Bargaining Unit

 

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

 

26.  No Extra Claims

 

The Employees and the Unions acknowledge that:

 

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

 

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

 

 

Annexure A

 

CODE OF COMPLIANCE FRAMEWORK

 

Not used

 

ANNEXURE B

 

PARTIES

 

Part 1 - Employers:

 

Thiess John Holland; and

 

any subcontractors engaged to work on the Project.

 

Part 2 - Unions:

 

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

 

Construction, Forestry, Mining and Energy Union, New South Wales Branch (CFMEU);

 

Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (New South Wales Branch) - Plumbing Division (CEPU);

 

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

 

Transport Workers' Union (TWU);

 

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (also known as AMWU);

 

The Australian Workers' Union (AWU).

 

ANNEXURE C

 

AUTHORITY TO OBTAIN DETAILS OF WORK RIGHTS FROM DIMIA

 

 

ANNEXURE d

 

CLOSEDOWN CALENDAR

 

Leisure Days Calendar 2004

 

 

Leisure Days Calendar 2005

 

 

Annexure E

 

PROJECT TARGET COMPLETION MILESTONES

 

 

 

 

M. J. WALTON  J, Vice-President

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.