LABOR COUNCIL OF NEW SOUTH WALES AND BARCLAY MOWLEM BELLAGIO 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 6102 of 2004)
Before Commissioner
Ritchie
|
29 October 2004
|
AWARD
1. Arrangement
1. Arrangement
2. Objectives
3. Definitions
4. Application
5. Duration
6. Industry
Standards
6.1 Superannuation and Redundancy
6.2 Top-Up/24-Hour Income Protection Insurance
6.3 Project/Site Productivity Allowance
6.4 Transport Drivers
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.2 Environment, Health and Safety Plans
7.3 The Safety Committee
7.4 Safety Procedures
7.5 OH&S Industry Induction
7.6 Formwork Safety
7.7 Temporary Power/Testing and Tagging
7.8 Crane Safety
8. Dispute
Resolution
8.1 Employer and Project Wide Specific Disputes
8.2 Demarcation Disputes
8.3 Procedures to Prevent Disputes regarding Non-Compliance
9. Monitoring
Committee
10. Productivity
Initiatives
10.1 Learning Initiatives
10.2 Inclement Weather
10.3 Rostered Days Off
10.4 Maximising Working Time
10.5 Hours of Work
11. Immigration
Compliance
12. Long
Service Compliance
13. No Extra
Claims
14. No
Precedent
15. Single
Bargaining Unit
16. Union
Rights
16.1 Visiting Union Officials
16.2 Project Delegate/s
16.3 Union Membership
17. Australian
Content
18. Protective
Clothing
19. Workers'
Compensation and Insurance Cover
20. Apprentices
21. Training
and Workplace Reform
22. Project
Death Cover
23. Anti-Discrimination
24. Personal/Carer's
Leave
24.1 Use of Sick Leave
24.2 Unpaid Leave for Family Purpose
24.3 Annual Leave
24.4 Time Off in Lieu of Payment for Overtime
24.5 Make-up Time
24.6 Rostered Days Off
25. Project
Closedown Calendar
Annexure A - Parties
Annexure B -
Authority to Obtain Details of Work Rights from DIMIA
2. Objectives
2.1 The parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued development
of communication processes, which facilitate participation by all employers,
employees and unions
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased scope
of subcontract work packages to promote genuine skills enhancement and
acquisition by employees.
(g) Provision of a
career structure for all employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health and safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this award and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Improved wages
and conditions for all employees working on the Project;
(n) Increased
leisure time for employees by eliminating excessive hours of work.
(o) Enhancing job
opportunities for persons who have a legal right to work, including persons who
wish to take on apprenticeships or traineeships.
(p) Encourage all
employers to have enterprise agreements with the relevant union or unions.
3. Definitions
“Award” means the Labor Council of New South Wales and
Barclay Mowlem Bellagio Project Award 2004.
“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 subcontractors 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 9 of this award.
“Parties” means the employers, and the unions referred to in
Annexure A.
“Practical Completion” means the completion of the Project
where the building is fit for occupancy and/or purpose.
“Programme Milestones” means the milestones listed in
paragraph 6.3(b) and varied by the Monitoring Committee from time to time.
“Project” means the construction works contracted to Barclay
Mowlem Construction Limited at Hill Street, Homebush Bay.
“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 2000 (NSW).
“Unions” means each of the unions listed in Part 2 of
Annexure A.
4. Application
4.1 This award
will apply to work done on the Project by the employees for the period the employer
engages the employees to work on the Project.
4.2 Where Barclay
Mowlem Construction Limited engages subcontractor/s to carry out works on the
Project, it shall make it a condition of any contract that it enters into with
its subcontractor/s that they will not employ or otherwise engage persons on
wages and conditions which are less favourable than those set out in this
project award.
4.3 The parties
also acknowledge and agree that the terms of this award form part of the tender
conditions for subcontractor/s' work on this Project
4.4 This award is
generally intended to supplement and co-exist within the terms of existing
enterprise agreements and awards and its primary purpose is to provide a
framework for the employers, the Labor Council of New South Wales and the
unions to manage those issues on the Project which affect more than one
employer.
5. Duration
5.1 This award
shall operate on and from 10 September 2004 until Practical Completion.
6. Industry Standards
6.1 Superannuation
and Redundancy
(a) The parties
acknowledge that a contribution of $100.00 per week or 9% of ordinary-time
earnings (whichever is the greater) for employees 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.
(b) The employers
will make a contribution of $61.00 per week for employees into ACIRT or MERT or
other schemes approved by the parties.
(c) The
“Superannuation and Redundancy Scheme” contribution rates for apprentices are
provided for in clause 20, Apprentices.
6.2 Top-Up/24-Hour
Income Protection Insurance
(a) Each employer
will provide Workers' Compensation Top-Up/24-Hour Income Accident Insurance
with the CTAS scheme or other similar schemes which are approved by the parties
to this award.
6.3 Project
Productivity/Site Allowance
(a) Subject to
paragraph 6.3(b) and subclause 6.4, the employer will pay a Project
Productivity/Site Allowance for persons engaged on the Project of $1.75 per hour
for each hour worked on the Project.
This payment does not attract any penalty or premium.
(b) Productivity
Allowance Payment - Project Milestones
(i) The
performance payment shall relate to achievements for works completed to Project
Milestones.
(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:
1. The reason
why the date of the relevant Project Milestone was not achieved.
2. The action
required catching up to the Project Milestone.
3. If payment
shall continue for the coming month.
(iv) 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.
(v) 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.
(vi) 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.
(vii) 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.
(viii) Project
Productivity Allowance Payment Application Matrix
Type of Activity
|
Productivity Incentive
Payment Payable For
|
Productive Work
|
Payable
|
Sick Leave
|
Not Payable
|
Annual Leave
|
Not Payable
|
Public Holidays
|
Not Payable
|
Rostered Days Off
|
Payable
|
Approved Training
|
Payable
|
Jury Duty
|
Not Payable
|
Bereavement Leave
|
Not Payable
|
Inclement Weather
|
Not Payable
|
Any other Paid Downtime
|
Not Payable
|
(ix) The Bellagio
Project Milestones:
Project Milestone No 1: Structure - Completion Date 27
May 2005
Project Milestone No 2: Facade - Completion Date 3
August 2005
Project Milestone No 3: Strata Measurement - Completion
Date 27 October 2005
Project Milestone No 4: Project Delivery - Completion
Date 2 December 2005
6.4 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.
7. Environment, Health,
Safety and Rehabilitation (EHS&R)
7.1 Induction
(a) All employees
must attend an agreed EHS&R site induction course on commencement of
engagement on site.
(b) All transport
workers involved on the Project shall undertake an appropriate Blue Card
Induction Program conducted by a licensed Blue Card Training Provider in
conjunction with the employer and the Transport Workers’ Union.
7.2 Environment,
Health and Safety Plans
(a) All employers
must submit an environment, health safety and rehabilitation management
plan. These plans should include
evidence of:
(i) risk
assessment of their works;
(ii) hazard
identification, prevention and control;
(iii) planning and
re-planning for a safe working environment;
(iv) industry and
trade specific induction of employees;
(v) monitoring
performance and improvement of work methods;
(vi) reporting of
all incidents/accidents;
(vii) compliance
verification; and
(viii) regular
EHS&R meetings, inspections and audits of the Project.
7.3 The Safety
Committee
(a) The Safety
Committee will be properly constituted with an agreed constitution. All members of the Safety Committee will
undertake agreed occupational health and safety training with Comet Training or
other agreed providers.
7.4 Safety
Procedures
(a) The parties
acknowledge and agree that all parties are committed to safe working
procedures.
(b) If the Project
Manager or the Safety Committee is of the opinion that an employee or employer
has committed a serious breach of either the Environment Health and Safety
Policy or the relevant safety management plan (or any other agreed safe working
procedures), the Project Manager (or the Project Manager on recommendation from
the Safety Committee) will implement disciplinary action against the employer or
employee which may include taking all steps required to remove the employer or
employee from the Project.
(b) The parties
agree that, pursuant to the Code of Practice, in the event that an unsafe
condition exists, work is to continue in all areas not affected by that
condition and those employers may direct employees to move to a safe place of
work. No employee will be required to
work in any unsafe area or situation.
7.5 OH&S
Industry Induction
No person will be engaged on site unless he or she has
completed the WorkCover NSW Accredited OH&S Industry Induction Course.
7.6 Formwork
Safety
All persons engaged on the erection or dismantling of
formwork will have the relevant WorkCover Formwork Certificate of
Competency. Where an employee does not
have a Certificate of Competency, Comet or an agreed appropriate authority will
be contacted to assess the qualifications of the relevant employee.
7.7 Temporary
Power/Testing and Tagging
In order to maintain the highest standards of safety in
regard to the use of electricity during construction, it is agreed that the
temporary installation is installed strictly in accordance with AS 3012
(1995). All work is to be carried out
by qualified electrical tradesperson.
Testing and tagging is to be carried out only by qualified electrical
tradesperson.
7.8 Crane Safety
No mobile crane will be allowed on the project site
unless it has been certified by Cranesafe Australia (New South Wales) or
another accredited body. Such cranes
will be required to display their current "accredited" inspection
label.
8. Dispute Resolution
One of the aims of this award is to eliminate lost time in
the event of a dispute and to achieve prompt resolution of any dispute.
8.1 Employer 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
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 Barclay Mowlem
Construction Limited NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), parties to the award may notify the
dispute to the Industrial Relations Commission of New South Wales and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to its powers set out in the Industrial Relations Act 1996
(NSW).
(g) Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
8.2 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).
8.3 Procedures to
Prevent Disputes regarding Non-Compliance
(a) Barclay Mowlem
Construction Limited in association with the accredited site union delegate
will check that 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 the 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 section 127 of the Industrial Relations Act 1996, section 175(b) of
the Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll
Tax Act 1971, the principal contractor will obtain all applicable
subcontractors' statements regarding workers' compensation, payroll tax and remuneration. A copy of these statements will be available
on request to an accredited trade union officer or site delegate.
(d) The union
delegate or union official shall advise 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.
9. Monitoring
Committee
9.1 The parties
may establish a committee to monitor the implementation of this award.
9.2 This
Monitoring Committee if established will meet at the commencement of
construction and then at monthly intervals or as required during construction
on the Project.
9.3 The Monitoring
Committee will consider ways in which the aims and objectives of this award can
be enhanced, which may include, but not be limited to, discussion of:
(a) developing
more flexible ways of working;
(b) enhancing
occupational, health and safety;
(c) productivity
plans; and
(d) compliance
with award and other statutory requirements by employers.
9.4 If the
principles of this award are not being followed, the Committee will develop a
plan, in consultation with the parties, to implement the intent of the award.
10. Productivity Initiatives
10.1 Learning
Initiatives
Each employer shall be required to demonstrate to
Barclay Mowlem Construction Limited implementation of commitment to skill
enhancement and workplace reform while working on the Project.
10.2 Inclement
Weather
(a) The parties to
this award will collectively proceed towards the minimisation of lost time due
to inclement weather.
(b) Further, the
parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the parties, useful work is available in that area or site
and that work is within the scope of the employee’s skill, competence and
training consistent with the relevant classification structures (provided that
the employer shall provide transport to such unaffected area where necessary);
(iii) Where the
initiatives described in subparagraph (ii) above are not possible, the use of
non-productive time may be used for activities such as relevant and meaningful
skill development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
(iv) All parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
(v) The parties
agree the practice of "one out, all out" will not occur.
10.3 Rostered Days
Off (RDO's)
(a) Subject to
clause 25, a procedure for the implementation of RDO's will be agreed on the
Project, the purpose which is to:
(i) increase the
quality of working life for employees; and
(ii) increase the
productivity of the Project.
(b) A roster of
RDO's will be prepared, following consultation with the workforce and parties
to this award.
(c) Records of
each employee’s RDO accruals will be recorded on the employee's payslip and
copies made available to the employee, the employee’s delegate or union
official upon request. It is
acknowledged that different arrangements in relation to the banking of RDO's
may apply to members of the CEPU.
(d) Where
practicable, Saturday work prior to the published industry RDO's will not be
worked.
10.4 Maximising
Working Time
(a) The parties
agree that crib and lunch breaks may be staggered for employees so that work
does not cease during crib and lunch.
There will be no unreasonable interruption of the comfort of employees
having lunch with the amenities to be maintained in a clean and hygienic state
at all times.
10.5 Hours of Work
(a) Ordinary hours
of work shall be eight hours per shift between 6.00 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.
11. Immigration
Compliance
11.1 The parties are
committed to compliance with Australian immigration laws so as to ensure
maximum work opportunities for unemployed permanent residents and Australian
citizens. Employers will be advised by
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.
11.2 Employers are
required prior to employees commencing work on site to check the legal right of
employees to work. The authorisation
form attached to this award as per Annexure B will assist in providing evidence
of the employee’s legal status.
12. Long Service
Compliance
If applicable, and in accordance with the NSW Building
and Construction Industry Long Service Leave Act, no employee will be engaged
on site unless he or she is a worker registered with the NSW Long Service
Payments Corporation. All employers (if
applicable) engaged on site will be registered as employers in accordance with
the NSW Building and Construction Industry Long Service Payments Act and
will strictly comply with their obligations.
13. No Extra Claims
The parties agree that they will not pursue extra claims in
respect of matters covered by this award (including but not limited to any
claim for a disability allowance) during the term of this award.
14. No Precedent
The parties agree not to use this award as a precedent and
that this award will in no way create a claim for flow-on of on-site wage rates
and conditions.
15. Single Bargaining
Unit
This award was negotiated by the Labor Council of New South
Wales on behalf of the unions and by Barclay Mowlem Construction Limited in its
own right and on behalf of the employers.
16. Union Rights
The parties to this award acknowledge the right of employees
to be active union members and respect the right of the union to organise and
recruit employees. The parties to this
award also acknowledge that good communication between the union official, the
delegate and its members is an important mechanism in assisting the parties to
resolve grievances and disputes in a timely fashion.
16.1 Visiting Union
Officials
(a) Where
practicable, union officials (party to this award) when arriving on site shall
call at the site office and introduce themselves to a management representative
of the employer, prior to pursuing their union duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant building awards, the Occupational Health and Safety Act 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
16.2 Project
Delegate/s
Parties to this award recognise that the Project workforce
will elect a Project Delegate/s who shall be the principal spokespersons for
the Project workforce.
(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;
(ii) At least 10
days' paid time off work to attend relevant union training courses/forums.
(f) The employer
of the Project Delegate shall provide to the Project Delegate the following:
(i) A lockable
cabinet for the keeping of records;
(ii) A lockable
notice board for the placement of union notices at the discretion of the
Project Delegate;
(iii) Where
practicable, and if agreed to, a Project Delegate office;
(iv) Where a Project
Delegate office is not practicable, access to a meeting room;
(v) Use of the
telephone for legitimate union business associated with the Project;
(vi) From existing
resources, and when required for legitimate union Project-related business,
access to a word-processor, typewriter, a photocopier, facsimile machine and
e-mail.
(g) 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.
16.3 Union Membership
To assist properly accredited officials, 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 Company shall:
(a) Encourage all
current and future employees to join and remain members of the union party to
this agreement.
(b) Supply all
employees with a union application form at the same time as new employees are
provided with their taxation declaration form.
(c) Provide the
union access to new employees at induction training.
17. Australian
Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
and feasible.
18. Protective
Clothing
18.1 Employers will
provide their employees engaged on site with legally produced Australian-made
protective clothing and footwear on the following basis:
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement, if not already provided, to all persons engaged on site and will
be replaced on a fair wear-and-tear basis 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.
18.2 In
circumstances where any employee(s) of employers are transferred to the Project
from another Project where an issue of equivalent clothing was made, then such
employee shall not be entitled to an issue to this Project until the expiry of
the calendar year or on a fair wear and tear basis.
18.3 Employees who
receive from their employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the employer’s policy or relevant industrial
instrument shall not be entitled to the provisions of this clause
18.4 Employers will
consult with the Labor Council of New South Wales to be provided with a list of
Australia manufacturers who do not use illegal or exploited labour in the
manufacturing of their work clothes.
18.5 Notwithstanding
anything else contained in this clause, all transport employees/contractors
will be supplied with safety footwear, one set of clothing and one jacket prior
to the commencement of work at the site.
However, the Company does not need to supply the above if the said
employee/contractor has been issued with the clothing by the principal contractor
within the previous 12 months and the principal contractor can substantiate
that fact.
19. Workers'
Compensation and Insurance Cover
19.1 Employers must
ensure that all persons that they engage to work on the Project are covered by
workers' compensation insurance.
19.2 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.
19.3 Employers and
their employees must comply with the following steps to ensure expedited
payment of workers compensation:
(a) All employees
will report injuries to the Project first-aider and their supervisor at the earliest
possible time after the injury.
(b) All employees
will comply with the requirements for making a workers' compensation claim,
including the provision of a Workcover medical certificate, at the earliest
possible time after the injury. This
information will also be supplied to the Project first-aid officer and 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.
19.4 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 days of receipt,
forward the claim or documentation to their insurer;
(d) An employer
who receives a request from their insurer for further specified information
must, within seven days after receipt of the request, furnish the insurer with
the information as is in the possession of the employer or reasonably obtained
by the employer;
(e) An employer
who has received compensation money from an insurer shall forward such money to
the person entitled to the compensation within three working days.
19.5 Where there has
been a serious incident and/or accident which has resulted in a serious injury
or loss of life, the employer shall
notify the relevant union immediately.
19.6 The employer
will also complete the relevant accident notification form and send it to
WorkCover.
20. Apprentices
20.1 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.
20.2 The parties
acknowledge for apprentices the superannuation contribution rate is 9% of
ordinary-time earnings, to 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.
20.3 The minimum
contribution rates for apprentices into ACIRT or MERT or other schemes approved
by the parties will be as follows:
1st Year
|
$11.00 per week
|
2nd Year
|
$21.00 per week
|
3rd Year
|
$31.00 per week
|
4th Year
|
$36.00 per week
|
All the above rates will remain fixed for the life of
this project award
21. 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.
22. Project Death
Cover
Barclay Mowlem Construction Limited will guarantee the legal
beneficiary of any employee who dies as a consequence of working on the Project
will be paid a death benefit of $25,000.00.
Such benefit shall be paid within 14 days of the production of
appropriate documentation. This payment
shall be in addition to any other entitlement that might be paid to the
beneficiary as a consequence of the death of the employee.
23. Anti-Discrimination
23.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
23.2 This includes
discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
23.3 It follows
that, in fulfilling their obligations under the dispute resolution procedure prescribed
by this award, the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this award are not directly or
indirectly discriminatory in their effects.
It will be consistent with fulfilment of these obligations for the
parties to make application to vary any provision of the award which, by its
terms or operation, has a direct or indirect discriminatory effect.
23.4 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
23.5 Nothing in this
clause is to be taken to affect:
(a) Any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) Offering or
providing junior rates of pay to persons under 21 years of age;
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) A party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
This clause does not create legal rights or obligations in
addition to those imposed upon the parties by 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 this 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.”
24. Personal/Carer's
Leave
24.1 Use of Sick
Leave
(a) An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in subparagraph 24.1(c)(ii) who needs the employee’s care and support,
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, for absences to provide care and support for
such persons when they are ill. Such
leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) The employee
being responsible for the care of the person concerned; and
(ii) The person
concerned being:
a spouse of the employee; or
a de facto spouse who, in relation to a person, is a
person of the opposite sex to the first-mentioned person who lives with the
first-mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
a child or an adult child (including an adopted child,
a stepchild, a foster child or an ex-nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the Employee
or spouse or de facto spouse of the employee; or
a same-sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis; or
a relative of the employee who is a member of the same
household, where for the purposes of this paragraph:
“relative” means a person related by blood, marriage or
affinity;
“affinity” means a relationship that one spouse because
of marriage has to blood relatives of the other; and
“household” means a family group living in the same
domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer 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.
24.2 Unpaid Leave
for Family Purpose
(a) An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
subparagraph 25.1(c)(ii) above who is ill.
24.3 Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944 (NSW), to take annual leave not exceeding five days in single-day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
24.4 Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph (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), the employee shall be paid
overtime rates in accordance with the award.
24.5 Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time at a later time), at the shift work rate which
would have been applicable to the hours taken off.
24.6 Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part-day
amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the unions to participate in negotiations.
25. Project Closedown
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, that, 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/her nominee. In such
circumstances reasonable notice (where possible) shall be given to the union
(or union delegate).
Project Closedown
Calendar 2004
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 subcontractors
engaged to work on the Project.
Part 2
Unions:
Labor Council of New South Wales (The Labor Council);
Construction, Forestry, Mining and Energy Union (New South
Wales Branch);
Communication, Electrical, Electronic, Energy, Information,
Postal, Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Electrical Trades Union of Australia, New South Wales
Branch;
Transport Workers' Union of New South Wales (TWU);
Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union, New South Wales Branch (also known as AMWU).
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:
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.