THIESS PTY LIMITED 100 PACIFIC HIGHWAY PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Thiess Pty
Ltd.
(No. IRC 6321 of 2004)
Before The Honourable
Justice Walton, Vice-President
|
17 November 2004
|
AWARD
1. Arrangement
Clause No. Subject Matter
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 (a) Productivity allowance
6.3 (b) 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. Alcohol
and Drug Procedure
9. Safety
Procedures
10. Dispute
Resolution
10.1 Employer
specific disputes
10.2 Project
Wide Disputes
10.3 Demarcation
Disputes
10.4 Procedures
to prevent Disputes Regarding Non- Compliance
11. Monitoring
Committee
12. Productivity
Initiatives
12.1 Learning
Initiatives
12.2 Inclement
Weather
12.3 Rostered
Days Off
12.4 Maximising
Working Time
12.5 Hours
of Work
13. Immigration
Compliance
14. Long
Service Compliance
15. No
Extra Claims
16. No
Precedent
17. Single
Bargaining Unit
18. Union
Rights
18.1 Visiting
Union Officials
18.2 Workplace
Delegates
19. Australian
Content
20. Protective
Clothing
21. Workers
Compensation and Insurance Cover
22. Apprentices
23. Training
and Workplace Reform
24. Project
Death Cover
25. Anti-Discrimination
26. Personal/Carers
Leave
26.1 Use
of Sick Leave
26.2 Unpaid
Leave for Family Purpose
26.3 Annual
Leave
26.4 Time-off
in Lieu of Payment for Overtime
26.5 Make-up
Time
26.6 Rostered
days off
27. Project
Close-Down Calendar
28. Leave
Reserved
Annexure
A
Annexure
B
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 sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees.
(g) Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Improved wages
and conditions for all employees working on the project;
(n) Increased
leisure time for employees by eliminating excessive hours of work.
(o) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships.
(p) The parties recognise that it is an
objective of the Unions that all employers should have in place Enterprise
Agreements with the relevant union or unions.
3. Definitions
"Award" means this Name of Award made between the
Parties.
"Thiess" means Thiess Pty Ltd of 26 College Street
Sydney.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means Thiess Pty Ltd and/or any
subcontractor/s 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 10 of this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Project Milestones" means the milestones listed
in 6.3(d) as amended by the Monitoring Committee from time to time.
"Project" means the construction works contracted
to Thiess Pty Ltd at 100 Pacific Highway, North Sydney. The Project involves
the redevelopment of the site bounded by the Pacific Highway, North Sydney
north of the Post Office and at the corner with Charles Street The development
will involve the demolition of the current improvements and the erection of a
major commercial office building comprised of one and a half basements
accommodating plant and car parking, a ground floor foyer and retail coffee
shop with parking at the rear, a mezzanine level comprising car parking and
loading dock, eighteen (18) floors of offices plus roof plant and LMR.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by Thiess Pty Ltd from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"Unions" means each of the Unions listed in Part 2 of Annexure A.
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 Thiess
engages sub-contractor/s, it shall make it a condition of any contract that it
enters into with its sub-contractor/s that they will not employ or otherwise
engage persons on wages and conditions, which are less favourable than those
set out in this Project Award.
4.3 The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for 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 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 1 October 2004 until Practical Completion.
6.
Industry Standards
6.1 Superannuation and Redundancy
(a) The Parties
acknowledge that a contribution of $95.00 per week or 9% of ordinary time
earnings (whichever is the greater) will be made to the superannuation fund
nominated in the relevant industrial instruments being C+BUS; NESS; STA, TWU or
other schemes approved by the Parties. The
above contribution will increase so that the minimum payment made for
superannuation shall be $100.00 from 1 July 2004. The minimum payment made for
superannuation for apprentices/trainees working on the project shall be $50.00
per week.
(b) The Employers
will make a contribution of $61 per week into ACIRT or MERT or other schemes approved by the parties. The employers shall make a contribution of no less than $40.00 per
week for apprentices/trainees working on the project.
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 UPLUS scheme or other similar schemes, which are approved by the parties to this Award.
6.3 Project Productivity Allowance
(a) Productivity
Allowance
(i) A
productivity payment linked to works completed against the construction program
shall apply to the Project. The Employer will pay a productivity allowance for
employees engaged on the Project of $2.00 per hour for each hour worked on the
Project, in exchange for the observance of this Project Award and the program
milestones detailed in this clause.
(ii) The
productivity allowance will be paid on a flat basis and does not attract any
penalty or premium.
(iii) The Parties
agree that the Thiess Project Manager, in conjunction with the Monitoring
Committee shall determine if the identified Milestones for the Project have
been achieved.
(b) Payment of the
Productivity Allowance
The parties agree that the Productivity Allowance is
paid only if the Programme Milestones are met. In the event that a monthly
Target is not achieved, the Monitoring Committee shall meet to determine:
(i) The reason
why the date of the relevant Project Milestone was not achieved was not
achieved;
(ii) The action
required to catch up to the Project Milestone
(iii) If payment
shall continue for the coming month;
(i) 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 the target has not been achieved
and how best, time can be made up to ensure Project Milestone(s) are achieved.
(ii) If a Project
Milestone Date is not achieved and there are not extenuating circumstances
acceptable to the Monitoring Committee, then no payment will be made against
achievement of that Milestone;
(iii) 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 Milestones.
(iv) Where there is
disagreement over whether a Project Milestone date has been achieved the
Parties shall resolve the matter in accordance with the Dispute Settlement
Procedure found in clause 10 of this Award.
(c) Project
Milestones
The Project Milestone Dates are:
100 Pacific Highway Project
|
Assessment of Progress
|
|
Project Milestones
|
Date (Monthly)
|
Milestone 1
|
Demolition complete
|
27 October 2004
|
Milestone 2
|
Excavation complete
|
14 February 2005
|
Milestone 3
|
Structure complete (concrete only)
|
24 November 2005
|
Milestone 4
|
Level 4 Formwork strip completed
|
28 July 2005
|
Milestone 5
|
Structure complete
|
1 December 2005
|
Milestone 6
|
Tower Crane removed
|
25 January 2006
|
Milestone 7
|
M &M in place
|
10 February 2006
|
Milestone 8
|
Practical completion
|
28 March 2006
|
The Productivity allowance referred to in this clause
is not intended to affect any similar "productivity/site allowance" otherwise
payable under a building award or enterprise agreement as defined.
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 (2)
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 contractor’s 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/she has
completed the Work Cover 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 Work Cover Formwork Certificate
of Competency. Where an employee does not have a Certificate of Competency,
Comet will be contacted to assess the qualifications of the relevant employee.
Further, all contractors engaged on site to perform work shall fully comply
with AS 3610 Formwork for Concrete.
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
tradespersons. Testing and tagging is to be carried out only by qualified
electrical tradespersons.
7.8 Crane
Safety
No mobile crane will be allowed on the
project site unless it has been certified by Cranesafe Australia (New South
Wales). Such cranes will be required to display their current Cranesafe
inspection label.
8.
Alcohol & Drug Procedure
The parties are
committed to ensuring that no persons enter the Project under the influence of
alcohol or illegal drugs. The following points outline key elements of the
Company’s approach on the Project:
8.1 Not
at Work - In the interest of Safety no persons will be allowed access to the
Project if under the influence of alcohol or drugs. Thiess, Employees and the
Unions will work together to encourage all persons to work safely and not under
the influence, and all will work together to ensure that any persons that may
be under the influence are identified and not permitted to access the Project.
8.2 Assistance
- Where a person is found to have been under the influence of drugs or alcohol
at work, that person will be provided with assistance and support by their
Employer (for example, support provided through the Building Trades Group of
Unions Drug and Alcohol Program).
8.3 Counselling
and Disciplinary Process - Where a person is found to be under the influence of
drugs or alcohol on the Project the relevant counselling / disciplinary
procedure that applies will be invoked.
8.4 Clear
Communication to All - This position will be clearly communicated to all
persons on the Project. This will include explanation at the Project Induction,
and the display of the procedure on the Project and/or education on related
matters by the Building Trades Group of Unions Drug & Alcohol Program.
9.
Safety Procedures
The parties to this Award agree to do all
things practicable to maintain the site in a safe condition. No Employee will
be required to work in or on an unsafe area or process on the Project. Should
an issue arise over whether one or more work areas are safe or not, or where an
area is deemed to be unsafe, the following procedures shall apply:
9.1 Work
shall cease only in areas immediately affected by a reasonable concern as to
the existence of an imminent risk to health and safety;
9.2 Employees
shall not leave the Project unless directed to do so;
9.3 Immediate
inspection of the affected work areas will be carried out by both Thiess and
Employee representatives of the Safety Committee;
9.4 Thiess
in conjunction with the Safety Committee will select the sequence of
inspections of areas;
9.5 The
inspection shall identify the safety rectification work required in each area;
9.6 As
safety rectification work is agreed for each area, all relevant Employees shall
immediately commence such rectification works;
9.7 Upon
verification that such rectification has been completed, normal work will
resume progressively in each area;
9.8 Should
any dispute arise as to the rectification work required to any area, then
Thiess will immediately call the designated Work Cover Authority inspector to
recommend the rectification work.
Nothing in this clause shall be prejudicial
to the rights of the Parties under the Occupational Health and Safety (NSW)
Act 2000.
10.
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.
10.1 Employer
Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employees or their representative
Union, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of the Employer and the Union delegate;
(c) Discussion
between site management representatives of the Employer and the Union
organiser;
(d) Discussion
between senior management of the Employer, Thiess and the appropriate Union
official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Thiess NSW
Building 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.
10.2 Project
Wide Disputes
In the event of a dispute or conflict effecting more
than one Employer occurring, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of Thiess and the Union delegate;
(c) Discussion
between site management representatives ofThiess and the Union organiser;
(d) Discussion
between senior management of Thiess and the appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Thiess NSW
Building 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.
10.3 Demarcation
Disputes
In the event that a dispute arises which cannot be
resolved between the relevant Unions, the Unions agree to the following dispute
settling procedure:
(a) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes;
(b) Discussion
between the Labor Council of New South Wales and the Unions to try to resolve
the dispute;
(c) If the dispute
is not resolved after step (b), either Union may notify the dispute to the
Industrial Relations Commission of New South Wales and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations
Act 1996 (NSW).
10.4 Procedures to prevent Disputes Regarding
Non- Compliance
(a) Thiess in association with the
accredited site union delegate will check monthly payments of subcontractors
companies engaged on site in relation to superannuation, redundancy and extra
insurance to ensure payments for employees have been made as required. Thiess
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. payments designed to avoid tax and other statutory obligations
and sham subcontract arrangements.) Where such practices are identified Thiess
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 for the time engaged on the Project.
(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 Sub-Contractors Statements regarding
workers’ compensation, payroll tax and remuneration. A copy of these statements
will be available on request to an accredited trade union officer or site
delegate.
(d) The union delegate or union official
shall advise Thiess if they believe the information which has been provided by
any sub-contractor is not correct.
(e) Any dispute concerning non-compliance
shall be resolved in accordance with the dispute settling procedures of this
award.
11. Monitoring Committee
11.1 The Parties may
establish a committee to monitor the implementation of this Award.
11.2 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.
11.3 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.
11.4 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.
12. Productivity Initiatives
12.1 Learning Initiatives
Each Employer shall be required to demonstrate to
Thiess implementation of commitment to skill enhancement and workplace reform while working on the Project.
12.2 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 (b) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
(iv) All Parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
(v) The Parties
agree the practice of "one out, all out" will
not occur.
12.3 Rostered Days Off
(a) Subject to
Clause 27 a procedure for the implementation of Rostered Days Off (RDOs) will
be agreed on the Project. The purpose which is to:
(i) increase the
quality of working life for Employees; and
(ii) increase the
productivity of the Project.
(b) A roster of
RDO's will be prepared, following consultation with the workforce and parties
to this Award.
(c) Records of
each Employee’s RDO accruals will be recorded on the employees pay slip and
copies made available to the Employee, the Employee’s delegate or union
official upon request. It is acknowledged that different arrangements in
relation to the banking of RDO`s may apply to members of the CEPU.
12.4 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.
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.
12.5 Hours of Work
Ordinary hours of work shall be 8 hours per shift
between 6.00am and 6.00pm Monday to Friday. However, ordinary hours may
commence from 5.00am by agreement between the Employer,
Employee and relevant Union.
13. Immigration Compliance
13.1 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
Thiess of the importance of immigration compliance. Where there is concern that illegal immigrants are being engaged
by an employer on the Project, Thiess will act decisively to ensure compliance.
13.2 Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorization form attached to this Award as per
Appendix B will assist in providing evidence of the
employee’s legal status.
14. 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.
15. 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 whether or not
such terms or conditions are prescribed by this Award.
16. 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.
17. Single Bargaining Unit
This Award was negotiated by the Labor Council of New South
Wales on behalf of the Unions and by Thiess in its own right and on behalf of
the Employers.
18. Union Rights
The Parties to this award acknowledge the right of employees
to be active union members and respect the right of the union to organize and
recruit employees. The Parties to this
award also acknowledge that good communication between the union official, the
delegate and its members is an important mechanism in assisting the parties to
resolve grievances and disputes in a timely fashion.
18.1 Visiting Union Officials
(a) Where
practicable, Union officials (party to this Award) when arriving onsite, shall
call at the site office and introduce themselves to a Management representative
of the Employer, prior to pursuing their union duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant Building Awards, the Occupational Health and Safety Act and
Regulations, and other statutory/legislative obligations for entry to the site.
(c) 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 notice is given to the
Employers and the Project Manager by the Union.
(e) Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Building Awards, Enterprise Agreements, the Industrial
Relations Act 1996 (NSW), or other Statutory Employer requirements.
18.2 Workplace Delegates
Definition
In this clause the expression "delegate"
means an employee who is the accredited representative of the Union at an
employer’s work place, and if there is more than one delegate in respect of the
workforce of that employer then the expression "delegate" means each
and every such delegate so accredited by the Union in relation to that
employer’s workforce.
(a) Rights of the
Delegate
(i) The parties
acknowledge it is the sole right of the Union and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the Union at the site.
(ii) The delegate
shall have the right to approach or be approached by any employee of the
employer to discuss industrial matters with that employee during normal working
hours.
(iii) The delegate
shall have the right to communicate with members of the Union in relation to
industrial matters without impediment by the employer. Without limiting the usual meaning of the
expression "impediment", this provision applies to the following
conduct by an employer:
moving a delegate to a workplace or work situation
which prevents or significantly impedes communication with members;
changing a delegate’s shifts or rosters so that
communication with workers is prevented or significantly impeded;
disrupting duly organised meetings.
(iv) The delegate
shall be entitled to represent members in relation to industrial matters at the
workplace, and without limiting the generality of that entitlement is entitled
to be involved in representing members:
at all stages in the negotiation and implementation of
enterprise agreements or awards or other industrial instruments;
the introduction of new technology and other forms of
workplace change;
Career path, reclassification, training issues; and to
initiate discussions and negotiations on any other matters affecting the
employment of members
Ensuring that workers on site are paid their correct
wages, allowances and other lawful entitlements.
To check with relevant industry schemes so as to ensure
that superannuation, long service leave and redundancy has been paid on time.
(v) In order to
assist the delegate to effectively discharge his or her duties and
responsibilities, the delegate shall be afforded the following rights:
the right to reasonable communication with other
delegates, union officials and management in relation to industrial matters,
where such communication cannot be dealt with or concluded during normal breaks
in work;
at least 10 days paid time off work to attend relevant
Union training courses/forums;
paid time off to attend meetings of delegates in the
industry, as authorized by the relevant union.
(vi) The employer of
a delegate shall provide to the delegate the following:
a lockable cabinet for the keeping of records;
a lockable notice board for the placement of Union
notices at the discretion of the delegate;
where practicable, i.e. on large sites, a union office;
where a union office room is not practicable, access to
a meeting room;
use of the telephone for legitimate union business;
from existing resources, and when required access to:-
a word-processor, typewriter, or secretarial support at
the workplace;
personal computers (PC), CD ROM, E-mail and the
Internet at the workplace;
a photocopier or facsimile machine.
(vii) There shall be
no deduction to wages where the Union requires a delegate to attend any Court
or Industrial Tribunal proceedings relating to Industrial matters at the
workplace.
19. Australian Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
and feasible.
20. Protective Clothing
20.1 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 as a result of fair wear and tear, provided they are produced to
the Employer as evidence.
(b) Clothing
Two sets of protective clothing (combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after accumulated
engagement on site of 152 hours or more and will be replaced once per calendar
year as a result of fair wear and tear, provided they 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.
20.2 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 for this Project until the expiry of
the calendar year or on a fair wear and tear basis.
20.3 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
20.4 Employers will
consult with the Labor Council of NSW to be provided with a list of Australian
Manufacturers who do not use illegal or exploited labour in the manufacture of
their work clothes.
21.
Workers Compensation and Insurance Cover
21.1 Employers must
ensure that all persons that they engage to work on the project are covered by
workers compensation insurance.
21.2 Thiess 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.
21.3 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 the employee’s 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.
21.4 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 provide that:
(a) The Employer shall
keep a register of injuries/site accident book in a readily accessible place on
site;
(b) All Employees
must enter in the register any injury received by the Employee. The Employer must be notified of all
injuries on site immediately. The
employer must notify the insurer within 48 hours of a significant injury;
(c) An Employer
who receives a claim for compensation, must within seven (7) days of receipt,
forward the claim or documentation, to their insurer;
(d) An Employer
who receives a request from their insurer for further specified information
must within seven (7) days after receipt of the request, furnish the insurer
with the information as is in the possession of the Employer or reasonably
obtained by the Employer;
(e) An Employer
who has received compensation money from an insurer shall forward such money to
the person entitled to the compensation within three (3) working days;
21.5 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
21.6 The
Employer will also complete the relevant accident notification form and send it
to Work Cover.
22.
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.
23. Training and Workplace Reform
The Parties are committed to achieving improvements in
productivity and innovation through cooperation and reform. Employers are expected to demonstrate their
commitment to develop a more highly skilled workforce by providing their
Employees with career opportunities through appropriate access to training and
removing any barriers to the use of skills acquired.
24. Project Death Cover
Thiess will guarantee the beneficiary of any employee who
dies as a consequence of working on the project will be paid a death benefit of
$25,000. Such benefit shall be paid
within fourteen (14) days of the production of appropriate documentation. This payment shall be in addition to any
other entitlement that might be paid to the beneficiary as a consequence of the
death of the employee.
25.
Anti-Discrimination
25.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
25.2 This includes
discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
25.3 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the parties have obligations to take all reasonable steps
to ensure that the operation of the provisions of this 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 of operation, has a direct or
indirect discriminatory effect.
25.4 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an Employee because the Employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
25.5 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
25.6 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
26.
Personal/Carers Leave
26.1 Use
of Sick Leave
(a) An Employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in clause 26.1 (c)(ii) who needs the Employee’s care and
support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, for absences to provide care and
support, for such persons when they are ill. Such leave may be taken for part
of a single day.
(b) The Employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an Employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
a spouse of the Employee; or
a de facto spouse, who, in relation to a person, is a
person of the opposite sex to the first mentioned person who lives with the
first mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
a child or an adult child (including an adopted child,
a step child, a foster child or an ex-nuptial child), parent (including a
foster parent and legal guardian) grandparent, grandchild or sibling of the
Employee or spouse or de facto spouse of the employee; or
a same sex partner who lives with the Employee as the
de factor partner of that Employee on a bona fide domestic basis; or
a relative of the Employee who is a member of the same
household, where for the purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other: and
"household" means a family group living in
the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer prior notice of the intention to
take leave, the name of the person requiring care and that person’s
relationship to the Employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the Employee to give prior notice of absence, the Employee
shall notify the Employer by telephone of such absence at the first opportunity
on the day of absence.
26.2 Unpaid
Leave for Family Purpose
An Employee
may elect, with the consent of the Employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in 26.1 (c)(ii) above who is ill.
26.3 Annual
Leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays
Act 1944 (NSW), to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph 26.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under this Award.
(c) An Employee
and Employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave
days are taken.
26.4 Time-off
in Lieu of Payment for Overtime
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph 26.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with paragraph 26.4(a), the Employee shall be
paid overtime rates in accordance with the award.
26.5 Make-up
Time
(a) An Employee
may elect, with the consent of the Employer, to work "make up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award at
the ordinary rate of pay.
(b) An Employee on
shift work may elect, with the consent of the Employer, to work "make up
time" (under which the Employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been applicable to the hours taken off.
26.6 Rostered
days off
(a) An Employee
may elect, with the consent of the Employer, to take a rostered day off at any
time.
(b) An Employee
may elect, with the consent of the Employer, to take rostered days off in part
day amounts.
(c) An Employee
may elect, with the consent of the Employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the Employer and Employee, or subject to reasonable notice by
the Employee or the Employer.
(d) This subclause
is subject to the Employer informing each Union which is both party to the
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.
27.
Project Close-Down Calendar
For the purposes of this Award the Parties agree that the
following calendar will be adopted for the Project. The calendar has been
produced with a view to maximising quality leisure time off for all employees.
Accordingly, the Parties agree that on certain weekends (as set out in the
Calendar), no work shall be carried out.
Provided, however, where there is an emergency or special
client need, work can be undertaken on the weekends and adjacent RDO’s as set
out below, subject to the agreement of the appropriate union secretary or
nominee. In such circumstances reasonable notice (where possible), shall be
given to the union (or union delegate).
SITE CALENDAR 2004
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Saturday
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October 2
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Sunday
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October 3
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Monday
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October 4
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Labor Day Public Holiday
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Tuesday
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October 5
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RDO
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Saturday
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December 4
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Sunday
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December 5
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Monday
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December 6
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Union Picnic Day
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Tuesday
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December 7
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RDO (if applicable)
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SITE CALENDAR 2005
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Saturday
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January 1
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New Year’s Day
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Sunday
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January 2
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Monday
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January 3
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New Year’s Day Public Holiday
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Wednesday
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January 26
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Australia Day Public Holiday
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Thursday
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January 27
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RDO
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Friday
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January 28
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RDO
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Saturday
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January 29
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Sunday
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January 30
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Friday
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March 25
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Good Friday Public Holiday
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Saturday
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March 26
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Sunday
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March 27
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Easter Sunday
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Monday
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March 28
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Easter Monday Public Holiday
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Tuesday
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March 29
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RDO
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Friday
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April 22
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RDO
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Saturday
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April 23
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Sunday
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April 24
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Monday
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April 25
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Anzac Day Public Holiday
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Saturday
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June 11
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Sunday
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June 12
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Monday
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June 13
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Queen’s Birthday Public Holiday
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Tuesday
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June 14
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RDO
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Saturday
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October 1
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Sunday
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October 2
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Monday
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October 3
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Labour Day Public Holiday
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Tuesday
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October 4
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RDO
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Saturday
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December 3
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Sunday
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December 4
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Monday
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December 5
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Union Picnic Day
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Tuesday
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December 6
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RDO
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28. Leave Reserved
The Union Parties to this Award shall have the right to make
application to have the following provision or a provision with similar intent
inserted into the Project Award.
"Notwithstanding subclause 10.4(a) if an employer is
identified as paying his or her employees "all-in payments" then such
payments shall be deemed to be the employees ordinary rate of pay for all
purposes of this Project Award and other industrial instruments which apply to
such employees for the duration of the project. In such circumstances, all
employees of the employer working on the project shall obtain the benefit of
the higher rate of pay plus the conditions of this Project Award."
ANNEXURE A
PARTIES
Part 1
Employers:
Thiess Pty Ltd
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
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Electrical Trades Union of Australia (NSW Branch)
Transport Workers Union (TWU)
Automotive Food Metals Engineering Printing & Kindred
Industries Union (also known as AMWU)
Australian Workers Union
ANNEXURE B
1.1 Authority to obtain details of
work rights from DIMIA
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EMPLOYEE DETAILS
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EMPLOYER/LABOUR SUPPLIER
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As specified in passport or other identity
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DETAILS
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document)
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Family Name:
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Business Name:
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Given Name(s):
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Business Street Address:
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Other Name(s) used (e.g. maiden name):
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Type of Business:
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Date of Birth:
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Name of Contact Person:
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Nationality:
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Passport Number:
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Telephone:
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Visa Number:
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Fax:
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Visa Expiry Date:
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I authorise the Department of Immigration and
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Note that the employee’s work rights status will
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Multicultural and Indigenous Affairs (DIMIA) to
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be sent directly to the fax number given above.
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release the details of my work rights status (that
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Please ensure that this number is correct
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is, my entitlement to work legally in Australia)
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to the named employer / labour supplier and a
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representative of a principal contractor and
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THE COMPLETED FORM SHOULD BE
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authorised trade union officer on request.
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FAXED TO 1800 505 550
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I understand that these details are held by
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DIMIA on departmental files and computer
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IF ALL DETAILS MATCH WITH OUR
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systems. I also
understand that the employer/
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RECORDS, THE EMPLOYEE’S WORK
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labour supplier will use this information for the
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RIGHTS STATUS WILL BE FAXED TO
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purposes of establishing my legal entitlement to
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YOU WITHIN ONE WORKING DAY
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work in Australia, and for no other purpose.
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Employee Signature:
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Date:
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M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.