STOCKLAND BAY VILLAGE PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Bovis Lend
Lease Pty Ltd.
(No. IRC 5976 of 2004)
Before Mr Deputy
President Sams
|
29 October 2004
|
AWARD
1. Arrangement
1. Arrangement
2. Objectives
2.1 Work Organisation
2.2 People Development/Skills
2.3 Environment and Safety
2.4 Generally
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 Productivity Allowance
6.4 Payment of the Productivity Allowance
6.5 Changing the Programme and Scheduled Milestones
6.6 Contract Carriers
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 Implementation of this Clause
7.5 OH&S Industry Induction
7.6 Formwork Safety
7.7 Temporary Power/Testing and Tagging
7.8 Crane Safety
8. Dispute
Resolution
8.1 Employer-Specific disputes
8.2 Project-Wide Disputes
8.3 Demarcation Disputes
8.4 Procedures to Prevent Disputes Regarding Non- Compliance
9. Monitoring
Committee
10. Productivity
Initiatives
10.1 Learning Initiatives
10.2 Inclement Weather
10.3 The Site Management Plan
10.4 Rostered Days Off
10.5 Maximising Working Time
10.6 Hours of Work
11. Immigration
Compliance
11.1 Immigration Compliance
11.2 Legal Right of Employees to Work
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
16.3 Job Delegates
16.4 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
Close-Down Calendar
Annexure A - Parties
Annexure B -
Scheduled Milestones Programme Milestones
Annexure C -
Authority to Obtain from DIMA Details of Immigration Status
2.
Objectives
The parties agree to continue to develop and implement the following
objectives in respect of the following four key areas on the Project:
2.1 Work
Organisation
(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; and
(f) Increase the
scope of subcontract work packages to promote genuine skills enhancement and
acquisition by employees, consistent with their classification, training and
qualification.
2.2 People
Development/Skills
Provision of a career structure for all employees based
on skills and competencies and increased job satisfaction.
2.3 Environment
and Safety
(a) Provision of
high standards of Occupational Health and Safety on the Project; and
(b) Improved impact
of the Project on the environment.
2.4 Generally
(a) Implementation
of this award and compliance with all relevant statutory provisions;
(b) Elimination of
unproductive time;
(c) Compliance by
subcontractors with the provisions of applicable and/or enterprise agreements
and legislative requirements;
(d) Improved
conditions for all employees working on the Project;
(e) Increased
leisure time for employees by eliminating excessive hours of work; and
(f) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships.
3.
Definitions
"Award" means this Stockland Bay Village Project
Award made between the parties.
"Bovis Lend Lease" means Bovis Lend Lease Pty
Limited (A.C.N. 000 098 162) of Tower 13, Australia Square, Sydney, NSW 2000.
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Contract Carrier" means carrier engaged in or in
connection with a Contract of Carriage for the purposes of section 309 of the Industrial
Relations Act 1996 where the Contract of Carriage is for carriage of
Excavation and Demolition Material.
"Contract of Carriage" shall be as defined in the Industrial
Relations Act 1996.
"Employee" means a person engaged by an employer
and who performs work on the Project.
"Employer" means Bovis Lend Lease and/or any
subcontractors engaged to work on the Project.
"Enterprise Agreement" means an agreement
registered or certified under the Workplace Relations Act 1996 (Cth) or
approved under the Industrial Relations Act 1996 (NSW).
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Excavation and Demolition Material" shall be as
defined in the Transport Industry - Excavated Materials Contract Determination
published 24 October 1997, as varied.
"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, as determined
by Bovis Lend Lease’s client.
"Programme Milestones" means the milestones listed
in Part 2 of Annexure B as amended by the Project Manager from time to time.
"Project" means the construction works contracted
to Bovis Lend Lease Pty Ltd at the corner of The Entrance Road and Yakalla
Street, Bateau Bay, New South Wales.
"Project Delegate" means the employee who is the
accredited representative of the unions on the Project.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by Bovis Lend Lease from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"Site Management Plan" means the Project or site
management plan, a copy of which can be located at the office of the Project
Manager.
"Scheduled Milestones" means those targets
described in Part 1 of Annexure B as amended under subclause 6.5 from time to
time.
"Unions" means each of the Unions listed in Part 2
of Annexure A.
4.
Application
(a) 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.
(b) Where Bovis
Lend Lease engages a subcontractor(s), it shall make it a condition of any
contract that it enters into with its subcontractor(s) that they will not
employ or otherwise engage persons on wages and conditions which are less
favourable than those set out in this award.
(c) The parties
also acknowledge and agree that the terms of this award form part of the tender
conditions for work on this Project.
(d) This award is
generally intended to supplement and co-exist with 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
This award shall operate on and from 1 April 2004 and remain
in force for a period of two years.
6.
Industry Standards
6.1 Superannuation
and Redundancy
(a) The parties
acknowledge that, excluding apprentices (for whom a 9% contribution of ordinary
time earnings shall be made), 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, EISS, STA, TWU or other schemes approved by the parties. The above contribution will increase so that
the minimum contribution made for superannuation shall be $100.00 from 1 July
2004.
(b) The employers
will make a contribution of $61.00 per week into ACIRT or MERT unless there is
an alternative arrangement to the satisfaction of the individual employer’s
employees and the parties to this award.
The contributions for apprentices shall be: $25.00 per week for 1st and
2nd year, $35.00 per week for 3rd and 4th year.
6.2 Top-Up/24-Hour
Income Protection Insurance
Each employer will provide Workers' Compensation Top-Up/24-Hour
Income Accident Insurance with the U-Plus scheme or other similar schemes which
are approved by the parties to this award.
6.3 Productivity
Allowance
(a) Provided the
Scheduled Milestones and the Programme Milestones are met, the employer will
pay a productivity allowance for each hour worked on the Project.
(b) The
productivity allowance under this award is $1.50 per hour worked.
(c) The Project
Manager will determine whether the Scheduled and Programme Milestones have been
achieved and, if the Milestones have been met, the Project Manager will advise
the employers and the Monitoring Committee accordingly.
6.4 Payment
of the Productivity Allowance
(a) The
Productivity Allowance
The parties agree that the productivity allowance is
paid only if the Scheduled Milestones and the Programme Milestones are met.
The Milestones are comprised of two elements:
(i) works
completed against the Programme Milestones; and
(ii) works
completed to the Scheduled Milestones.
(b) Programme and
Scheduled Milestones
The parties agree to use their best endeavours to meet
or exceed the Scheduled and Programme Milestones.
(i) The
productivity allowance shall be calculated and paid as follows:
1. the Project Manager
will review the works monthly and will verify the achievement of the Programme
and Scheduled Milestones;
2. the Project
Manager will advise the client as to whether the relevant Programme and
Scheduled Milestones have been achieved;
3. if the relevant
Programme and Scheduled Milestones are met, the payment shall be $1.50 per hour
for each hour of time worked; and
4. payment shall
be made as part of weekly wages.
(ii) In the event
that a Programme or Scheduled Milestone is not achieved, the Monitoring
Committee shall meet with the Project Manager to determine:
1. the reason
why the milestone target was not achieved; and
2. the action
required to catch up the next milestone target.
(iii) If a
Programme or Scheduled Milestone is not achieved for two consecutive months:
1. the
productivity allowance shall cease being paid; but
2. if in a
following period work catches up to the Schedule, the completion to programme
schedule component shall recommence and shall include payments for the
preceding period(s) not paid.
(iv) Payment shall
be calculated on an hours worked basis only and shall not include any
calculation of award or other entitlements.
(v) The parties
agree that achievement of the identified Scheduled Milestones shall be
determined by Bovis Lend Lease’s client and the Labor Council of NSW in
conjunction with the Unions.
(c) Transport
Workers
The parties agree that the award does not apply to
purely incidental activities such as couriers.
This award will apply to transport workers who are employed by an
employer if the relevant employer makes deductions from the remuneration of the
transport worker(s) in accordance with the "Pay As You Earn"
provisions of the Income Tax Assessment Act 1936. The parties agree that any transport worker
carrying out work relating to the Project will be paid, in addition to his or
her remuneration, the Project productivity allowance of $1.50 per hour,
provided that the transport worker is involved with the Project for two or more
hours on any calendar day.
6.5 Changing
the Programme and Scheduled Milestones
The parties agree that the Scheduled and Programme
Milestones must be reviewed and updated throughout the life of the Project and
that the Monitoring Committee will meet at regular intervals and with the
Project Manager, agree and set new Scheduled and Programme Milestones.
6.6 Contract
Carriers
The parties agree that all contract carriers shall be
paid in accordance with the rates of remuneration set out in Part B of the
Transport Industry Excavated Materials Contract Determination.
7.
Environment, Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
(a) All employees
must attend an agreed EHS&R induction course on commencement of their
engagement on the Project.
(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
All employers must submit an Environment Health Safety
and Rehabilitation management plan, in accordance with the Safety Alliance for
the Construction Industry "S" Pack, to Bovis Lend Lease. These plans should include evidence of:
(a) risk
assessment of their works;
(b) hazard
identification, prevention and control;
(c) planning and
re-planning for a safe working environment;
(d) industry and
trade specific induction of employees;
(e) monitoring
performance and improvement of work methods;
(f) reporting of all
incidents and/or accidents;
(g) compliance
verification; and
(h) regular
EHS&R meetings, inspections and audits of the Project.
7.3 The
Safety Committee
The Safety Committee will be properly constituted and
will abide by the agreed procedures as defined in its constitution and as
revised from time to time. All members
of the Safety Committee will undertake agreed Occupational Health and Safety
training with Comet Training or other agreed providers. The Safety Committee may invite the union to
attend any Safety Committee meeting or site inspection.
7.4 Implementation
of this Clause
(a) The parties
acknowledge and agree that all parties are committed to safe working procedures
and to the Project Environment Health and Safety policy.
(b) If the Project
Manager or the Safety Committee is of the opinion that an employee or employer
has committed a serious breach of either the Environment Health and Safety
policy or the relevant safety management plan (or any other agreed safe working
procedures), the Project Manager (or the Project Manager on recommendation from
the Safety Committee) will implement disciplinary action against the employer
or employee which may include taking all steps required to remove the employer
or employee from the Project.
(c) The parties
agree that, pursuant to subclause 6.3 of 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 that an employer 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 an Industry Occupational Health and Safety Induction (such as a
"Green Card") approved by the WorkCover Authority of NSW.
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 other agreed provider 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 tradespeople.
Testing and tagging is to be carried out only by licensed electricians.
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 and current NSW RTA registration
sticker.
8.
Dispute Resolution
One of the aims of this award is to eliminate lost time in
the event of a dispute and to achieve, through genuine negotiation, prompt
resolution of any dispute.
8.1 Employer-Specific
Disputes
In the event of a dispute or conflict occurring
specifically between an employer and its employees or their representative
union, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of the employer and the union delegate;
(c) Discussion
between site management representatives of the employer and the union
organiser;
(d) Discussion
between senior management of the employer, Bovis Lend Lease and the appropriate
union official;
(e) Discussion
between the Secretary of the relevant union (or nominee) and Bovis Lend Lease
NSW Operations Manager (or nominee);
(f) Discussion
between senior management of the Employer, Bovis Lend Lease and the Labor
Council of New South Wales. This shall
occur within seven days of the dispute being initially raised;
(g) If the dispute
is not resolved after step (e), the employer 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);
(h) Work shall
continue without interruption or dislocation whilst the parties to the dispute
are genuinely attempting to resolve the dispute.
8.2 Project-Wide
Disputes
In the event of a dispute or conflict effecting more
than one employer occurring, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of Bovis Lend Lease and the Union
delegate;
(c) Discussion
between site management representatives of Bovis Lend Lease and the Union
organiser;
(d) Discussion
between senior management of Bovis Lend Lease and the appropriate Union
official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Bovis Lend Lease
NSW Operations Manager (or nominee);
(f) Discussion
between Bovis Lend Lease Operations Manager (or nominee) and the Labor Council
of New South Wales. This shall occur
within seven days of the dispute being initially raised;
(g) If the dispute
is not resolved after step (e), the employer 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);
(h) Work shall
continue without interruption or dislocation whilst the parties to the dispute
are genuinely attempting to resolve the dispute.
8.3 Demarcation
Disputes
In the event that a dispute arises which cannot be
resolved between the relevant unions, the unions agree to the following dispute-settling
procedure:
(a) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes. This will not prejudice
the position of any party;
(b) Discussion
between the Labor Council of New South Wales and the unions to try to resolve
the dispute;
(c) The parties
agree that the outcome of any matter dealt with the terms of paragraph (b)
shall not be used as a precedent, reference, example or exhibit in any way
whatsoever in matters arising from this Project;
(d) 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);
(e) Nothing in
this subclause shall affect the rights of an employer or a union in relation to
the settlement of any demarcation issue.
8.4 Procedures to
Prevent Disputes regarding Non-Compliance
(a) Bovis Lend
Lease in association with the accredited site union delegate will check monthly
payments of subcontractors’ companies engaged on site for superannuation,
redundancy and extra insurance to ensure payments for employees have been made
as required. The Company and site
delegate shall also check that employers have not introduced arrangements such
as and not limited to ‘all-in’ payment and or ‘cash-in-hand’ payments (i.e. a
payment designed to avoid tax and other statutory obligations and sham subcontract
arrangements.)
Where such parties are identified Bovis Lend Lease
and/or any subcontractors engaged on the Project 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 Bovis Lend Lease if they believe the
information which has been provided by any 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
(a) The parties will
establish a committee to monitor the success of this award.
(b) This
Monitoring Committee will meet at the commencement of construction and then at
monthly intervals or as required during construction on the Project.
(c) 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:
developing more flexible ways of working;
enhancing Occupational Health and Safety;
productivity plans;
compliance with awards and other statutory requirements
by employers; and
inserting new Scheduled Milestones into Annexure B.
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.
(d) The Monitoring
Committee will meet at quarterly intervals or as required to review existing
Milestones and will set new Milestones as appropriate during the course of this
award.
10.
Productivity Initiatives
10.1 Learning
Initiatives
Each employer shall be required to demonstrate to Bovis
Lend Lease implementation of commitment to skill enhancement and workplace
reform while working on the Project.
10.2 Inclement
Weather
The parties to this award will collectively proceed towards
the minimisation of lost time due to inclement weather.
Further, the parties are bound to adopt the following
principles with regard to inclement weather and idle time created by inclement
weather:
(a) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(b) 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);
(c) Where the
initiatives described in (b) above are not possible or non-productive, the use
of non-productive time will 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;
(d) All parties
are committed to an early resumption of work following any cessation of work
due to inclement weather;
(e) The parties
agree the practice of "one out, all out" will not occur.
10.3 The
Site Management Plan
(a) The parties
agree that the site management plan ("the Plan") is of paramount
importance to the productive and efficient operations of the Project.
(b) The parties
agree that they will comply with the Plan.
(c) The Plan
consists of sub plans covering the following areas:
deliveries, materials handling and personnel movement;
pedestrians, visitors and members of the public;
existing operators and neighbours;
protection of existing trees;
construction noise;
hours of work;
waste management and clean up;
behaviour on site.
(d) If the Project
Manager considers that an employee or employer has committed a serious breach
of the Plan, the Project Manager will discuss this matter with the relevant
employer and union. After this discussion the Project Manager may recommend
that the employee/employer be removed from the Project.
10.4 Rostered
Days Off
(a) Subject to
clause 25, it is agreed that a procedure for increasing the flexibility of
rostered days off (RDO's) will be implemented on the Project.
With a view:
(i) to increasing
the quality of working life for employees;
(ii) to increasing
the productivity of the Project; and
(iii) that any
RDO's accrued on the Project must be taken during the course of the Project.
(b) A roster of
RDO's will be prepared, following consultation with the Monitoring Committee
and agreement of the individuals involved and their respective union.
(c) Records of
each employee’s RDO status will be maintained by their employer and, where
possible, recorded on the employee’s payslip.
Records of each employee’s RDO status shall be made available to the
employee, the employee’s delegate or union official upon request.
(d) Where
practicable, Saturday work prior to the published industry RDOs will not be
worked.
10.5 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 and the amenities will be maintained
in a clean and hygienic state at all times.
10.6 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.
(b) The parties
recognise that, in general, the hours worked by individuals in the construction
industry are not consistent with the objectives of maintaining high
productivity or a high quality of life.
As a means of improving this situation, no employee on this Project will
be expected to work in excess of 58 hours per week inclusive of overtime except
in an emergency.
11.
Immigration Compliance
11.1 Immigration
Compliance
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 Bovis Lend Lease of the importance of
immigration compliance. Where there is
concern that illegal immigrants are being engaged by an employer on the
Project, Bovis Lend Lease will act decisively to ensure compliance.
11.2 Legal
Right of Employees to Work
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 C) may assist in providing evidence of the employee’s
legal status.
12.
Long Service Compliance
If applicable, 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 under the relevant long service
leave legislation. 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 Bovis Lend Lease 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 relevant 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) 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.
(c) Union
officials shall produce their right of entry permits, if required, and observe
the relevant awards, the Occupational Health and Safety Act and Regulations and
other statutory/legislative obligations for entry to the site.
(d) 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.
(e) 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.
(f) Such
inspections shall not take place unless there is a suspected breach of this
award, other appropriate industrial instruments, enterprise agreements, the Industrial
Relations Act 1996 (NSW) or other employer statutory requirements.
16.2 Project
Delegate
Parties to this award recognise that the Project
workforce will elect a Project Delegate who shall be the principal spokesperson
for the Project workforce.
Rights of the Project Delegate
(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; and
(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 per year 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 a union(s) requires the Project Delegate to attend
any Court or Industrial Tribunal proceedings relating to industrial matters on
the Project.
16.3 Job
Delegates
Job Delegates of the respective
unions will be recognised by the Project Manager and the Employers. The names of delegates should be advised to
the Project Manager. Job Delegates will
be given appropriate time and facilities to assist them in their duties. Job Delegates will be given the opportunity
for relevant paid trade union training and time to attend union meetings
authorised by the Secretary of the relevant union or his or her nominee.
16.4 Union
Membership
(a) Properly accredited officials and
workplace representatives of the union shall have the right to be provided with
appropriate access to employees to promote the benefits of union membership.
(b) To assist in
this process the employer shall:
(i) if requested,
and on the written authority of the employee, provide payroll deduction
services for union fees. Such fees shall
be remitted to the union on a monthly basis with enough information supplied to
enable the union to carry out a reconciliation; and
(ii) provide the
union with access to talk to new employees.
(c) Nothing in
this clause shall be contrary to the relevant legislation.
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
(a) Employers will
provide their employees engaged on site with legally produced Australian-made
protective clothing on the following basis:
Safety Footwear
Appropriate safety footwear shall be supplied on
commencement, if not already provided, to all persons engaged on the Project
and will be replaced on a fair wear-and-tear basis, provided it is produced to
the employer as evidence.
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 thereafter.
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 thereafter.
(b) In
circumstances where any employee(s) of an employer is/are transferred to the
Project from another project where an issue of equivalent clothing was made,
then such employees shall not be entitled to an issue on this Project until the
expiry of the calendar year or on a fair wear-and-tear basis.
(c) 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 enterprise agreement
shall not be entitled to the provisions of this clause.
(d) Employers will
consult with the Labor Council of NSW to be provided with a list of Australian
manufacturers who use legal labour in the manufacturing of their work clothes.
(e) All transport
workers who are involved on the Project for longer than two hours on any
calendar day will be provided with safety footwear, one set of clothing and one
jacket by their employer prior to commencement on the Project, unless they have
been provided with such footwear and clothing by their employer within the previous 12-month
period.
(f) Where a
subcontractor’s failure to comply with this clause has been brought to the
attention of the Company and the Company has attempted to secure compliance but
has failed, the Company shall purchase the appropriate clothing issue and
back-charge the subcontractor for that expense.
19.
Workers' Compensation and Insurance Cover
(a) Employers must
ensure that all persons that they engage to work on the Project are covered by
workers' compensation insurance.
(b) Bovis Lend
Lease will audit 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 accredited union officials on request.
(c) Employers and
their employees must comply with the following steps to ensure expedited
payment of workers' compensation.
(i) All employees
will report injuries to the Project first-aider and their supervisor at the
earliest possible time after the injury.
(ii) 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.
(iii) In cases
where the employee is unable to comply with the above, the relevant employer
will assist in fulfilling requirements for making a claim.
(d) 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:
The employer shall keep a register of injuries /site accident
book in a readily accessible place on site;
All employees must enter in the register any injury
received by the employee. The employer
must be notified of all injuries on site immediately;
An employer who receives a claim for compensation must,
within seven days of receipt, forward the claim or documentation to their
insurer;
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, as soon as
practicable, pay the money to the person entitled to the compensation.
20. Apprentices
As part of the Project’s commitment to learning and skills
development, a ratio of one apprentice/trainee to every five tradespersons
within each employer’s workforce is to be maintained. Apprentices not employed directly may be engaged from group
training companies such as Macarthur Group Training, Electro Group or other
group schemes which are approved by parties to this 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
Bovis Lend Lease will guarantee that the 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
(a) 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.
This includes discrimination on the ground of race, sex, martial status,
disability, homosexuality, transgender identity, responsibilities as a carer
and age.
(b) 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977; or
(iv) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(e) 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
This clause is applicable only in respect to the carer's and
parental leave provisions.
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 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) a spouse of
the employee; or
(b) 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
(c) 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
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "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
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 26.1(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 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.
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 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 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.
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 RDO at any time.
(b) An employee may
elect, with the consent of the employer, to take RDO's in part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all RDOs 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 Close-down Calendar
(a) For the purposes of this award the
parties agree that the following Project Close-down Calendar will be adopted
for the Project. The Project Close-down
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 Project Close-down
Calendar) no work shall be carried out.
(b) 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 or her nominee.
Project
Close-down Calendar 2004
Friday
|
April 9
|
Good Friday Public Holiday
|
Saturday
|
April 10
|
Shutdown Saturday
|
Sunday
|
April 11
|
Easter Sunday
|
Monday
|
April 12
|
Easter Monday Public Holiday
|
Tuesday
|
April 13
|
RDO
|
Saturday
|
April 24
|
|
Sunday
|
April 25
|
|
Monday
|
April 26
|
Anzac Gazetted Holiday
|
Tuesday
|
April 27
|
RDO
|
Saturday
|
June 12
|
|
Sunday
|
June 13
|
|
Monday
|
June 14
|
Queen's Birthday Public Holiday
|
Tuesday
|
June 15
|
RDO
|
Saturday
|
October 2
|
|
Sunday
|
October 3
|
|
Monday
|
October 4
|
Labor Day Public Holiday
|
Tuesday
|
October 5
|
RDO
|
Saturday
|
December 4
|
|
Sunday
|
December 5
|
|
Monday
|
December 6
|
Union Picnic Day
|
Tuesday
|
December 7
|
RDO (if applicable)
|
Project
Close-down Calendar 2005
Wednesday
|
January 26
|
Australia Day
|
Thursday
|
January 27
|
RDO
|
Friday
|
January 28
|
RDO
|
Saturday
|
January 29
|
|
Sunday
|
January 30
|
|
Friday
|
March 25
|
Good Friday
|
Saturday
|
March 26
|
RDO
|
Sunday
|
March 27
|
|
Monday
|
March 28
|
RDO
|
Friday
|
April 22
|
RDO
|
Saturday
|
April 23
|
RDO
|
Sunday
|
April 24
|
|
Monday
|
April 25
|
Anzac Day
|
Saturday
|
June 11
|
RDO
|
Sunday
|
June 12
|
|
Monday
|
June 13
|
Queen's Birthday
|
26. Leave Reserved
Notwithstanding
clause 13, liberty is reserved for parties to the award to approach the Commission
to amend paragraph 8.4(a) of the award to include the following words:
If an employer is
identified as paying his/her employees "all in" payments, then such
payments shall be deemed to be the employee’s ordinary rate of pay for all
purposes of this project award and other industrial instruments which may apply
to such employees for the duration of this 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 the project award.
ANNEXURE A
PARTIES
Part 1 - Employers:
Bovis Lend Lease Pty Limited and/or 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) (CFMEU)
Communication, Electrical, Electronic, Energy, Information,
Postal, Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union (also known as AMWU)
Electrical Trades Union of Australia, New South Wales Branch
Transport Workers' Union of New South Wales (TWU)
ANNEXURE B
Part 1 - Scheduled
Milestones:
Milestone
|
Objective
|
Indicator
|
Assessment
|
1. Programme
|
Maintain and achieve
|
Follow overall
|
|
|
target programme
|
3-monthly and 2-weekly
|
|
|
|
programmes
|
|
2. EH&S
|
Protection and relation
|
Minimise disruption to
|
|
|
with public
|
public and operation of
|
|
|
Reduction of potential
|
the existing shopping
|
|
|
class one occurrences
|
centre
|
|
|
Compliance with work
|
Reduction in severity
|
|
|
method statements
|
and frequency of P1s.
|
|
|
Inductions
|
Reduction in safety
|
|
|
|
indicators
|
|
|
|
Monitor SWMS and
|
|
|
|
actual method
|
|
|
|
All employees attend
|
|
|
|
induction
|
|
3. Quality
|
Compliance with AFC
|
Verification of ITP and
|
|
|
specifications drawings
|
Consultant QA report.
|
|
|
and documentation
|
|
|
4. Behaviour/Hours
of
|
Quiet enjoyment of
|
No complaints
|
|
Work
|
existing tenants
|
|
|
|
Refer Management Plan
|
|
|
|
for further issues
|
|
|
5. Zero Lost Time
|
No lost time due to
site
|
Marked-up programme
|
|
|
wide stoppages
|
|
|
Part 2 - Programme
Milestones:
Milestone 1
|
Complete Bulk
Earthworks,
|
17 April 2004
|
|
Foundations, Piles And
Footings
|
|
Milestone 2
|
Complete Structure
|
17 September 2004
|
Milestone 3
|
Complete Roofing and
Facade
|
21 October 2004
|
Milestone 4
|
Practical Completion -
Northern
|
23 December 2004
|
|
Mall
|
|
|
Total Project Complete
|
21 June 2005
|
ANNEXURE C
AUTHORITY TO OBTAIN
FROM DIMA DETAILS OF IMMIGRATION STATUS
I,
|
|
|
|
|
(Family Name)
|
|
(Given Name/s)
|
Date of Birth
|
|
|
Nationality:
|
|
|
|
|
|
|
Visa number:
|
|
|
Passport number:
|
|
|
|
|
|
|
authorise the Department of Immigration and Multicultural
Affairs (DIMA) to release by fax to:
|
|
(Name of employer representative)
|
|
|
|
|
|
details of my immigration status and entitlement to work
legally in Australia.
|
|
This information will only be made available to the
employer representative or an authorised trade union
|
officer on request.
|
|
I also understand the above-named will only use this
information for the purpose of establishing and
|
verifying only my legal entitlement to work in Australia
and for no other purpose.
|
|
Signed:
|
|
|
Dated:
|
|
|
|
|
|
|
Name of employer:
|
|
|
Phone:
|
|
|
Fax:
|
|
|
Please send or fax this form to:
|
The Department of Immigration and Multicultural Affairs
|
Phone: (02) 9258 4730
|
Fax: (02) 9258 4763
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P. J. SAMS D.P.
____________________
Printed by
the authority of the Industrial Registrar.