HOT STRIP MILL CAPACITY INCREASE PROJECT CONSENT AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Industry Group, New South Wales Branch, industrial organisation of employers and a State Peak Council for Employers.

 

(No. IRC 5553 of 2004)

 

 

AWARD

 

Clause No.          Subject Matter

 

1.0       Title

2.0       Objectives and Commitments

3.0       Definitions

4.0       Application of the Award

5.0       Operation and Duration of the Award

6.0       Parties to the Award

7.0       General Conditions of Employment

8.0       Inductions

9.0       Project Allowances

10.0     Protective Clothing and Equipment

11.0     Supplementary Labour

12.0     Unacceptable Employment Practices

13.0     On Site Register

14.0     Union Rights

15.0     Right of Entry of Union Officials

16.0     Visiting Union officials

17.0     Union Membership

18.0     Rights of the Delegate

19.0     Environment, Health, Safety and Rehabilitation (EHS&R)

20.0     Dispute Prevention Procedures

21.0     Procedure for Settling Disagreements Over Safety Issues

22.0     No Extra Claims Commitment

23.0     Demarcation Disputes Procedure

24.0     Anti Discrimination

25.0     Personal/Carers Leave

26.0     Bereavement Leave

27.0     Site Working Time

28.0     Rostered Days Off

29.0     Inclement Weather

30.0     Immigration Compliance

31.0     Australian Content

32.0     Workers Compensation and Insurance Cover

33.0     Apprentices/Trainees

34.0     Project Death Cover

 

SCHEDULES

 

Schedule 1 - Project Allowances

Schedule 2 - Map of Site Location

Schedule 3 - Immigration/Authority To Obtain Details Of Immigration Status

Schedule 4 - Declaration of "Local" Usual Place of Residence

Schedule 5 - Declaration of "Non Local" Usual Place of Residence.

Schedule 6 - Map Detailing "Local/Non Local" Usual Place of Residence Boundaries

Schedule 7 - Employment Policy

Schedule 8 - Project Roster Calendar.

 

1.0.  Title

 

1.1        This Award shall be known as the Project Consent Award (PCA)for the Hot Strip Mill Project Capacity Increase Project (HSMCIP).

 

2.0.  Objectives and Commitments

 

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)        Commitment of the parties to avoiding industrial action on the Project;

 

(d)        Recognition that the Project stands alone and shall not be used as a precedent;

 

(e)        Continued development of communication processes which facilitate participation by all Employers, Employees and Unions together with the community

 

(f)         Introduction of new technology and associated change to enhance productivity;

 

(g)        Improved quality of work; and

 

(h)        Increase the scope of sub-contract work packages to promote genuine skills enhancement and acquisition by Employees.

 

(i)         Provision of a career structure for all Employees based on skills and competencies required to deliver this project

 

(j)         Provision of high standards of occupational health & safety and rehabilitation on the Project;

 

(k)        Ensuring that all parties are fit & appropriately trained for the task at hand,

 

(l)         All parties acknowledge their responsibility for delivering a safe Project;

 

(m)       Improved impact of the Project on the environment.

 

(n)        Implementation of this Award, and compliance with all relevant statutory provisions;

 

(o)        Elimination of unproductive time.

 

(p)        Improved compliance by subcontractors with the provisions of applicable awards and/or enterprise agreements and legislative requirements.

 

(q)        Improved reward and recognition for all participants in the Project and shall include increased job satisfaction, improved wages and conditions.

 

(r)         it is an objective of the unions that all contractors / sub-contractors should have in place appropriate and current enterprise agreements with the relevant unions.

 

(s)        Minimise the impact of any industrial action on the project that may arise out of the negotiation or renegotiation of subcontractors’ enterprise bargaining agreements (EBA’s).

 

(t)         Increasing leisure time for employees by eliminating excessive hours of work.

 

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

 

(v)        At all times the parties will co-operate and act so as to ensure no disruption to manufacturing operations at adjoining BlueScope Steel Limited operations.

 

3.0.  Definitions

 

3.1        Company means BlueScope Steel Limited (AIS) Pty Ltd or it’s successor

 

3.2        Contractor means any Company, Contractor or Sub-Contractor engaged to do site Project Work.

 

3.3        Enterprise Agreement (EBA) means an agreement registered or certified under the Workplace relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996 (NSW).

 

3.4        Industry Award and Award shall mean the following awards of the Industrial Relations Commission of New South Wales or Australian Industrial Relations Commission which shall be the Umbrella Award if the PCA is silent.

 

3.4.1     National Building and Construction Industry Award as at March 1996 (and state counterpart awards).

 

3.4.2     Building and Construction Industry (State) Award

 

3.4.3     National Metal and Engineering On-site construction Industry Award 1989 (and state counterpart awards).

 

3.4.4     Electrical, Electronic and Communications Contracting Industry (State) Award.

 

3.4.5     Mobile Crane Hiring Award 1996.

 

3.4.6     Transport Industry - (State) Award.

 

3.4.7     Transport Industry -Excavated Materials Contract Determination.

 

3.4.8     Plumbing Industry (New South Wales) 1999

 

3.5        Practical Completion is defined as the point of commencement of hot commissioning of the various Work Packages. At this point BlueScope Steel Limited takes responsibility for the operation of the plant from the Contractor.

 

3.6        Hot Commissioning shall mean the point at which the facility becomes available for processing product for downstream processing.

 

3.7        Project Completion shall mean the completion of Project Site Work up to the stage Practical Completion for each Work Package.

 

3.8        Project Manager shall mean the owner’s integrated team of Hatch / BlueScope Steel Limited.

 

3.9        Project Site shall mean the area or areas within the Port Kembla Steelworks shown as the project site on the map in Schedule 2.

 

3.10      Project Work means site construction work (as defined by the coverage of industry awards and the BlueScope Steel Limited Board Capital Expenditure Approval Work - HSMCIP) carried out under construction packages managed by the Project Manager of the Hot Strip Mill Capacity Increase Project at Port Kembla Steelworks, Port Kembla, NSW.

 

3.11      Work Package shall mean the HSMCIP construction package covered by an individual Contract managed by the HSMCIP Project Manager.

 

3.12      The following activities are not considered Project Work under this Award.

 

3.12.1   Hot Commissioning activities.

 

3.12.2   Any maintenance related activities

 

4.0.  Application of the Award

 

4.1        This Award shall only apply to Project Site Work actually performed on the Project Site.

 

4.2        Transport Drivers

 

The Parties agree that the Award does not apply to off site or purely incidental activities such as the delivery of site materials or couriers.

 

4.2.1     Employees - Project Allowances

 

It is further agreed that any Transport Worker carrying out work relating to the Project will be paid, in addition to their normal Award/Enterprise Agreement rates of remuneration, any applicable Project Site Allowance and the BlueScope Steel Limited Site Disability Allowance, provided that the driver has had a regular involvement of two (2) hours or more on any day with the Project.

 

4.2.2     Contract Carriers

 

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.

 

4.2.3     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.

 

5.0.  Operation and Duration of the Award

 

5.1        Notwithstanding 5.2, this Award shall operate from the first pay period commencing on or after 14 October 2004 and shall remain in force until Practical Completion or 30 months whichever occurs sooner.

 

5.2        Payments under this Award shall be backdated to the start of Project Work on the Project Site, nominally 15 August 2004, to the extent that Contractors will make up any difference between allowances paid and those set down in Schedule 1.

 

5.3        The backdating under clause 5.2 shall lapse if the Parties, prior to 15 November 2004, do not ratify this Award within 3 months of Site work commencing.

 

5.4        This Award shall operate and bind all Parties, notwithstanding actual or alleged breach of the Award by any Party until it expires as provided for in sub-clause 5.1.

 

5.5        All benefits shall be fixed for the duration of the Award (excluding  Clause 9.10 Allowance Increases.

 

5.6        Employee Safety Net Ordinary Time Earnings

 

The parties agree that it is beneficial to establish on the Project a minimum safety net for ordinary time earnings applicable to Employees who are not covered by an Enterprise Agreement.

 

The minimum safety net ordinary earnings will be $17.00 per hour (or a proportionate amount for juniors and apprentices) applicable to Employees who are not employed under an Enterprise Agreement and who would otherwise receive a base rate of pay less than $17.00 per hour.

 

6.0.  Parties to the Award

 

6.1        This Award shall be binding on the following organisations of employees and their members:

 

6.1.1     Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; [AMWU].

 

6.1.2     Construction, Forestry, Mining and Energy Union (NSW Branch); (CFMEU).

 

6.1.3     Electrical Trades Union of Australia, NSW Branch (ETU/CEPU)

 

6.1.4     Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, Plumbing Division (NSW Branch) (PGU).

 

6.1.5     The Australian Workers' Union (Port Kembla, South Coast and Southern Highlands Branch); (AWU).

 

6.1.6     Transport Workers Union (NSW Branch - South Coast Sub-Branch) (TWU).

 

6.2        This Award shall be binding on the Company and Contractors performing Project Work and their employees engaged on Project Work.

 

7.0.  General Conditions of Employment

 

7.1        It is a term and condition of employment and of the obligations and rights occurring under this Award that an employee shall;

 

7.2        Work in a safe manner at all times including properly using and maintaining all appropriate protective clothing and equipment provided by the employer for specified circumstances including but not limited to safety helmet, safety footwear, hearing and eye protection, high visibility clothing; and

 

7.3        Be available, fit, ready and willing to perform such work, including shift work, as their employer shall reasonably require on the days and during the hours necessary for the employer to best meet the employer's contractual obligations on the Project; and

 

7.4        Comply with any request of their employer to work reasonable overtime in excess of the ordinary hours at any time during the seven days of the week at the appropriate remuneration prescribed; and

 

7.5        Employees shall not work more than thirteen (13) consecutive days and shall take at least one (1) Unpaid day off in a fourteen (14) day period, and

 

7.6        Recognise the requirement of the employer to have an appropriate mix of classifications and skills during any hours of work; and

 

7.7        Use any technology and perform any duties which are within the limits of the employee's skill, competence and training provided that they can be safely and legally performed; and

 

7.8        Follow procedures and co-operate with work practices designed to deliver safe work and Best Practice outcomes on the Project; and ,

 

7.9        Comply with the Grievance Procedure of this Award. (Refer Clause 20 & 21)

 

7.10      Employees may be engaged on a casual, daily or weekly basis but only where that particular form of employment is provided for in the relevant industry award or enterprise award.  Employees must be engaged in accordance with the provisions of the relevant award or agreement, as amended by this Award.  In particular, daily hire employees must be given notice of non-engagement or dismissal before ceasing work on their last day of employment or be paid a day's pay in lieu of notice.

 

7.11      Notwithstanding any existing award or other rights an employee may have, an employee may be terminated without notice in circumstances justifying summary dismissal including serious misconduct and neglect of duty.

 

7.12      A delegate subject to summary dismissal or a delegate subject to transfer off the Project shall be afforded at least 72 hours notice of such dismissal or transfer.  Such notice, in the case of dismissals only, may be served off site, if the employer so directs and shall be without prejudice to the merits of the employer's and delegate’s position on the dismissal.

 

8.0.  Inductions

 

8.1        Prior to the commencement of work on site, all project employees may be required to attend and undertake the following induction sessions:

 

8.1.1     NSW WorkCover OH & S Induction Training for Construction Work (Greencard)

 

8.1.2     BlueScope Steel Limited General Induction (Compulsory unless accompanied at all times by an inducted person).

 

8.1.3     BlueScope Steel Limited  Driver Induction / Road & Rail Induction (if duties require)

 

8.1.4     Hot Strip Mill H1, H2, H3 Induction, Slab Yard Safety Induction, Motor Room Inductions, Personal Locks / Isolation Induction (if duties require).

 

8.1.5     HSMCIP Site Induction (Compulsory unless accompanied at all times by an authorised inducted person)

 

8.1.6     "The NSW Transport and Distribution Competency Based Training System Certification (Blue Card) for transport drivers (refer Cl 4.2).

 

8.2        Officials of the signatory parties may attend these sessions.

 

8.3        Inductions are primarily concerned with the safety of the individual employee and will emphasise their responsibility to work in a manner that does not endanger either themselves or others.  Other information the inductions will provide include;

 

8.3.1     the scope, purpose and anticipated duration of the project

 

8.3.2     the Project Award and how it governs the contract of employment of each employee

 

8.3.3     compliance with the requirements for legislative, employer, employee and environmental standards

 

8.3.4     the cooperative objectives of this Project Award

 

8.3.5     the specific dispute resolution procedures of this Project Consent Award

 

8.4        Employees will have to demonstrate a clear understanding of the issues raised in the induction, prior to beginning actual work. (this may include an oral and/or written competency assessment).

 

9.0.  Project Allowances

 

9.1        Fares and Travel

 

Employees shall be entitled to an allowance (where applicable under the relevant award referred to in 3.4) in accordance with Schedule 1.

 

9.2        Project Site Allowance

 

A project allowance, in accordance with Schedule 1, shall be paid to employees for each  hour worked on the project.  This allowance shall be paid as a flat amount for each hour or part thereof greater than 15 minutes worked, and shall not attract any premium or penalty. This allowance shall be for the term of the PCA.  This Project Site Allowance is in recognition of all site conditions relating to the nature of the project, conditions on the project site, and the work to be performed.

 

9.3        BlueScope Steel Limited (AIS) Disability Allowance

 

This Allowance shall apply, in addition to, to all personnel entitled to the Project Site Allowance and the following:

 

9.3.1     The BlueScope Steel Limited (AIS) Disability allowance as prescribed in the NMEOCA Clause 18.9 is in lieu of allowances for cold work, confined space, dirty work, hot work, height work, insulation work, wet work, multi-storey buildings work, swing scaffold work, asbestos eradication work, and suspended perimeter work platform work (as specified in clause 22 of that award) that are experienced on the BlueScope Steel Limited, Port Kembla (AIS) site.

 

9.3.2     Contractors whose EBA rates include this specific Allowance as set out in Clause 9.3 shall not be required to pay an additional sum.

 

9.3.3     The BlueScope Steel Limited (AIS) Disability Allowance shall be paid for every hour as per clause 9.2 This allowance is an all purpose rate, and there shall be no double dipping (i.e. double payment).

 

9.3.4     In all cases the Project Site Allowance (9.2) shall be paid in addition to the allowance of 9.3

 

9.4        Superannuation

 

9.4.1     Minimum employer superannuation contributions shall be in accordance with the Superannuation Guarantee Legislation (SGL) or the amount specified in Schedule 1 whichever is the greater.

 

9.4.2     Superannuation contributions for each employee shall be made to the agreed fund, for the term of this award, provided that only one fund per employer is permitted.

 

9.4.3     The Superannuation payment will be based on ordinary hours of work, Fares & Travel Allowance/Project Site Allowance / BlueScope Steel Limited Disability Allowance plus any other allowance specified in the relevant Award / Enterprise Agreement.

 

9.5        Redundancy

 

Redundancy contributions for each employee shall be made to either ACIRT or MERT or other schemes approved by all parties, provided that only one fund per employer is permitted. The entitlement is specified in Schedule 1 of this Award. Employees agree to contribute $1.00 of their weekly ACIRT or MERT or other scheme contribution to the Construction Industry Drug and Alcohol Foundation.

 

9.6        Pro Rata Provisions for Superannuation and Redundancy Contributions

 

Where an employee works less than a week on the project site, the employer shall make contributions as per Clause 9.4 & 9.5, on a pro rata basis for each day worked on the project site

 

9.7        Top Up/24 Hour Income Accident Insurance

 

Each Employer will provide Workers Compensation Top Up/24 Hour Income Accident Insurance with the Uplus scheme or other schemes, which are approved by the parties to this Award.  The amount shall be in accordance with Schedule 1.

 

9.8        Living Away From Home Allowance

 

Am employee who declares that he/she is a non local as signified by signing and submission of Schedule 5, shall be entitled to a Living Away From Home Allowance (LAFHA) as per Schedule 1, and, Clause 24 Living Away From Home - Distant Work and Clause 24 A Caravan Allowance of the National Building and Construction Industry Award shall apply to all employees of the Contractors. Provided that the award clauses shall operate subject to the following conditions.

 

9.8.1     "Locals"

 

If an applicant’s/employee’s " usual place of residence " is inside the area marked "Local" on the attached map (Schedule 6), then it is deemed that for the purposes of his clause that the applicant/employee is a "Local" and can reasonably return to that place of residence each day and the employee will not be entitled to the Living Away From Home Allowance (LAFHA).

 

9.8.2     "Non Locals"

 

If an applicant/employee’s " usual place of residence " is outside the area marked "Local" on the attached map (Schedule 6), then it is deemed that for the purposes of this clause that the applicant/employee is a "Local" cannot reasonably return to that place of residence each day and the employee will be entitled to the Living Away From Home Allowance (LAFHA) or provision of reasonable board and lodging, as per the relevant Industry Award, the choice shall lie with the employer.

 

9.8.3     Project Employment Policy and Declaration

 

The applicant/employee will be provided with a copy of the project employment policy (schedule 7) at the time of engagement or transfer to the project and will be required to make a declaration (Refer Schedules 5 & 6) as to his/her "usual place of residence".  The declaration shall be the sole determinant of the employee’s "usual place of residence" for the duration of the project for the purposes of this Award and Clause 24 of the National Building and Construction Industry Award.

 

9.8.4     Undue Influence or Duress

 

The declaration referred above will be prima facia evidence that the applicant/employee has not been subject to undue influence or duress.  During the induction process employees maybe asked to confirm that they have not been subjected to undue influence or duress.

 

An employee who has made a declaration and confirmed during the induction process that he/she has not been subject to any undue influence or duress will not be entitled to any additional benefits based on allegations of undue influence or duress.

 

9.9        Other Award Allowances

 

In addition to the Project Allowances referred to in sub-clause 9.2 of this Award, the following allowances shall be paid as they are prescribed in the relevant Award, and shall be varied in accordance with movements in the relevant Award allowance:

 

Leading Hand Allowance;

 

Registration/License Allowance;

 

First Aid Allowance;

 

Refractory Allowance;

 

Piling Allowance;

 

Explosive Powered Tool Allowance;

 

Meal Allowance;

 

Dual Lift Allowances.

 

Welding Allowance

 

9.10      Allowance Increase

 

The allowances referred to in 9.1, 9.2, 9.4, shall be subject to a 4.5% increase from the first pay period, 12 months from the commencement of the Project Consent Award as defined in Clause 5.1.

 

10.0.  Protective Clothing and Equipment

 

10.1      Each Contractor engaged on Project Work on the Project shall ensure that their employees are appropriately clothed with long sleeves and long pants made from cotton or cotton blend drill material and steel capped safety boots. The clothing shall be of a High Visibility type and the safety hats shall be orange in colour as this is a condition of working within the Slab Yard and Hot Strip Mills environs.

 

10.2      In addition to the clothing, Contractors shall ensure that employees are equipped with, trained in the use of and maintenance of, and use at all times when required, Safety Helmet, eye protection, hearing protection, sun cream and any other PPE required for specific job tasks.

 

10.3      Job - Related Equipment

 

10.3.1               Each Contractor will supply the following protective equipment/materials for use on specific work tasks as required:

 

High visibility vest or clothing;

 

Factor 30+ protective sun screen;

 

Hearing protection;

 

Eye protection;

 

Gloves;

 

Safety harnesses;

 

Wet weather apparel

 

Gumboots;

 

Hat Brims;

 

Dust Masks

 

10.3.2               In addition, one (1) pair of UV-rated safety glasses which conform to AS 1337 will be provided to employees who are required to work on reflective surfaces outdoors. Glasses will be replaced on a fair wear and tear basis. (Note: The wearing of sunglasses within the Slab Yard/Hot Strip Mill / Hot Coil Processing Department buildings is not permitted).

 

 

10.4      Clothing Issue

 

10.4.1               Australian made (where practical) protective clothing will be available to all employees. On commencement of work on the Site, an employee will be provided with a set of protective clothing unless already provided with protective clothing as apart of an EBA provision. Employees will be issued extra protective clothing up to three (3) long sleeved shirts and three (3) pairs of long trousers, protective footwear, annually, and will be replaced on a fair wear and tear basis.

 

10.4.2               For the time period May to September, one (1) warm, water resistant jacket will be issued.  Electricians will be issued with a wool jacket in lieu thereof.

 

10.5      Crane Safety

 

The Parties acknowledge that certification of mobile cranes to the NSW WorkCover Regulations and to Australian Standard AS 2550 is mandatory on this Project.  The CraneSafe voluntary crane assessment initiative augments this process and mobile crane providers will be required to utilise this service (subject to Crane Safe’s capacity) to meet the regulations.  This requirement is on the basis of a trial assessment on this project only, on a without prejudice basis.

 

BlueScope Steel Limited Standard DIV-SE-04-01 "Conditions For Entry For Mobile Equipment" is mandatory and requires mobile cranes to have a current assessment from a WorkCover accredited CraneSafe assessor as part of this process for the issuing of a BlueScope Steel Limited permit to use a mobile crane on the project site.

 

All mobile cranes engaged by a Contractor on the HSMCIP will be required to be certified prior to the date of commencement of the crane on the project and be valid for the duration on the project site.

 

11.0  Supplementary Labour

 

11.1      It is not the intention of the parties to use Supplementary Labour on the Project except as provided by this clause.  This means except as provided by this clause, labour is to be engaged directly.

 

Contractors engaged on the Project to carry out their Works shall have a majority of their workforce employed as direct (permanent or casual) labour with the recognition of the need to utilise supplementary labour for peak demands and special skills resourcing.

 

11.2      Supplementary Labour shall only be engaged for a maximum period of two (2) weeks per engagement with a Contractor on the Site.  There shall be a minimum period of two (2) weeks between engagements of an individual and the same Contractor on the Site.  The parties agree that it is not the intention that this clause be used to evade the requirement for direct casual engagement of the individual by the Contractor.

 

11.3      Contractors will advise the relevant Union prior to a requirement to on hire / off hire supplementary labour

 

11.4      Supplementary Labour providers shall be required to comply with clause 13.3 & 13.4

 

11.5      Supplementary Labour engaged by Contractors will be required to be paid the same rates of pay and allowances as the host Contractors employees engaged on the HSMCIP Site Works.

 

12.0.  Unacceptable Employment Practices

 

12.1      No employer or employee on the Project is to engage in pyramid sub-contracting, all-in-payments, cash-in hand payments or schemes to avoid award or statutory obligations, including inappropriately treating employees as sub-contractors and inappropriate application of taxation.

 

12.2      Should any suspected deviation from the foregoing be found to exist, the union concerned will notify the Contractor and the Project Manager immediately for investigation. If found to be correct, such deviation will be stopped immediately, rectified and all statutory entitlements paid. If it is determined that the Contractor has repeated the deviation, then the Contractor maybe removed from the Site in accordance with the Commercial Terms and Conditions of the Contract applicable.

 

12.3      Contractors, subcontractors, consultants and suppliers must comply with the provisions of applicable:

 

12.3.1   Awards, and/or enterprise agreements, and

 

12.3.2   Legislative requirements

 

12.4      Contractors should ensure that their subcontractors, consultants and suppliers comply with their legal obligations regarding their employees. Any relevant information is to be provided through proper and lawful means, as required by this Award.

 

12.5      Arrangements or practices designed to avoid award and/or legislative obligations including inappropriately treating a genuine employee as an independent contractor and/or inappropriate application of the Australian Business Number (ABN) system of taxation are not permitted.  All in payment systems, sham sub-contract arrangements and cash in hand payments are strictly prohibited.

 

12.6      The parties agree that ‘all-in’ payment and or ‘cash-in-hand’ payments, or sham subcontract arrangements, (i.e. payments designed to avoid tax, and statutory/EBA or award entitlements) will not be accepted on site.  Where such practices are identified they will be immediately stopped.

 

12.7      In the event that it is established that a Contractor is making all-in-payments to employees on the project, then the Contractor shall be required to pay the all-in -payment rate of pay to those affected employees on the Project and in addition shall be required to make all other payments to those affected employees as provided by this Award and legislation/statutory requirement.

 

13.0.  On Site Register

 

13.1      The Project Manager will ensure that all contracts with Contractors include the following terms and conditions:-

 

13.1.1   That all sub-contractors shall have contracts in writing, and

 

13.1.2   That this Award shall form part of the conditions of such contracts, and bind all such contractors and sub-contractors, and

 

13.2      The Project Manager shall instruct and ensure each contractor to keep, on site a register containing information of every employer and employee engaged on the site.  Each contractor shall supply a copy to the Project Manager upon request.

 

13.3      The Register shall contain the following from Employees;

 

13.3.1               Name and address of Employee

 

13.3.2               Emergency Contacts

 

13.3.3               Classification and copy of WorkCover Certificate .

 

13.3.4               HSMCIP Induction date

 

13.3.5               BlueScope Steel Limited Passport Number

 

13.3.6               Green Card Number

 

13.3.7               Start Date on Construction Site

 

13.3.8               Travel and/or living away from home declaration

 

13.3.9               Union and ticket number (where applicable and if voluntarily provided)

 

13.3.10             Superannuation scheme name and employee number

 

13.3.11             Long Service Leave Number

 

13.3.12             Uplus or equivalent Number

 

13.3.13             Tax File Number

 

13.3.14             This information, certified as correct to their employer, will be supplied prior to the employee commencing work on site. Contractors will pass the information to the Project Manager

 

13.3.15             Failure to comply with this clause may result in employees being removed from the Project.

 

13.4      The Register shall contain the following information from employers; (Contractors, Subcontractors, Supplementary Labour Providers).

 

13.4.1               Registered business name and address of employer and ABN/ACN number

 

13.4.2               Workers Compensation Policy Number, Underwriter and Currency Certificate

 

13.4.3               Rehabilitation Provider(s).

 

13.4.4               Public Liability Policy Number, Underwriter and Currency Certificate

 

13.4.5               Superannuation Fund Name and employer number

 

13.4.6               Long Service Leave employer number

 

13.4.7               Redundancy, Trust name and employer number

 

13.4.8               Uplus or equivalent Number

 

13.4.9               This information, certified as correct and current, shall be provided to the Project Manager prior to the commencement of work on site by an employer/contractor

 

13.4.10             Failure to comply with this clause may result in persons being removed from the Project.

 

13.4.11             This information is to be kept current and it is the employees responsibility to ensure that changes are forwarded in a timely manner to their employers paymaster.

 

14.0.  Union Rights

 

14.1      The Parties to this award acknowledge the right of employees to be active union members and respect the right of the union to organise and recruit employees.

 

14.2      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 promote harmony and resolve grievances and disputes in a timely fashion.

 

14.3      All Contractors shall allow up to one (1) paid hour per month for Union communication meetings. These meetings are to be at a pre-agreed time.  This time maybe accumulative for up to three (3) months. The Company/Contractor shall provide an appropriate venue on site

 

15.0.  Right of Entry of Union Officials

 

15.1      Accredited Union Officials will have access to the site in accordance with the relevant State or Federal Legislation.

 

15.2      Prior to entry to the Project Site all Union Officials exercising their right of entry will report to the Project Manager’s office.

 

16.0.  Visiting Union Officials

 

16.1      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 on site. The Company shall provide an appropriately inducted escort to accompany the union official to the site/meeting venue. Prescribed PPE shall be worn at all times whilst on the site.

 

16.2      Union officials shall produce their right of entry permits, if required, and observe the relevant Construction Awards, the Occupational Health and Safety Act and Regulations, and other statutory/legislative obligations for entry to the site.

 

16.3      Union officials with the appropriate credentials shall be entitled to inspect all such wage records, other payment records and related documentation (including those in Clause 13) necessary to ensure that the Employers are observing the terms and conditions of this Award.

 

16.4      All such wages books and other payment records shall be made available within 2 working days on site or at another convenient, appropriate place, provided written notice is given to the Employers and the Project Manager by the Union.

 

16.5      Such inspections shall not take place unless there is a suspected breach of this Award, other appropriate Awards, Enterprise Agreements, the Industrial Relations Act 1996 (NSW), or other Employer Statutory requirements

 

17.0.  Union Membership

 

17.1      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.

 

17.2      To assist in this process the Employer may:

 

17.2.1               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;

 

17.2.2               Ensure that all supervisors are trained in the provisions of the Project Award.

 

18.0.  Rights of the Delegate

 

18.1      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 recognized as the authorized representative of the Union at the site.

 

18.2      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 provided there is no disruption to the progress of normal work.

 

18.3      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:

 

18.3.1               moving a delegate to a workplace or work situation which prevents or significantly impedes communication with members;

 

18.3.2               changing a delegate’s shifts or rosters so that communication with members is prevented or significantly impeded;

 

18.3.3               disrupting duly organised meetings.

 

18.4      The delegate shall be entitled to represent members in relation to industrial matters at the workplace, and without limiting the generality of that entitlement is entitled to be involved in representing members, as follows:

 

18.4.1               at all stages in the negotiation and implementation of enterprise agreements or awards or other industrial instruments;

 

18.4.2               the introduction of new technology and other forms of workplace change;

 

18.4.3               Career path, reclassification, training issues; and to initiate discussions and negotiating on any other matters affecting the employment of members.

 

18.5      In order to assist the delegate to effectively discharge his or her duties and responsibilities, the delegate shall be afforded the following entitlements:

 

18.5.1               the right to reasonable communication with other delegates and management in relation to industrial matters.

 

18.6      The employer of a delegate shall provide to the delegate the following:

 

18.6.1               a notice board for the placement of Union notices at the discretion of the delegate.

 

18.6.2               where a union office room is not practicable, access to the crib room will be made available.

 

18.6.3               reasonable use of the telephone for legitimate union business.

 

18.6.4               from existing resources, and when required access to a photocopier or facsimile machine filing cabinet/drawer.

 

18.6.5               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 relating to this project only.

 

19.0.  Environment, Health, Safety and Rehabilitation (EHS&R)

 

19.1      Induction

 

19.1.1               All Employees must attend the Inductions specified in Clause 8.0.

 

19.2      Environment, Health and Safety Plans

 

Employers which have submitted or are required to submit the following plans.

 

19.2.1               Construction Management Plan, (incorporating the Environmental Management Plan for Construction)

 

19.2.2               Safety Management Plan (from each contractor)

 

19.2.3               Specific Construction Safety Studies submitted to the Project Construction Manager (incorporating risk analysis of the works and hazard minimisation)

 

Copies of these documents will be made available for employees upon request.

 

19.2.4               HSMCIP Construction Safety Booklet (issued to each employee at Site Induction)

 

19.3      The Safety Committee

 

19.3.1               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.

 

19.4      Implementation of this Clause

 

19.4.1               The Parties acknowledge and agree that all Parties are committed to safe working procedures.

 

19.4.2               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 and/or Employee which may include taking all steps required to remove the Employer or Employee from the Project.

 

19.4.3               The Parties agree that in the event that an unsafe condition exists, work is to continue in all areas not affected by that condition and that 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.

 

20.0.  Dispute Prevention Procedures

 

20.1      The Parties agree to facilitate the constructive and speedy resolution of any issue of concern at the workplace and recognise that this commitment is critical to maintaining harmonious relations between the Company, Contractors and their Employees and to ensure that the Project achieves completion within the specified time and cost.

 

20.2      If an Employee has a grievance arising out of his or her employment with the employer, the Employee may notify the immediate Supervisor of the substance of the grievance, request a meeting with that person and state the remedy sought

 

20.3      If the matter is not resolved by the immediate Supervisor, the Employee may request that the Supervisor refer the grievance to the Contractor Manager. Where appropriate or deemed necessary, the Employee may elect to seek the assistance of his/her workplace delegate and designated area Union organiser.

 

20.4      If the matter is not resolved by the Contractor Manager, the Employee may request that the Contract Manager refer the grievance to the Project Construction Manager and Project Manager.  Where appropriate or deemed necessary, the Employee may elect to seek the assistance of his/her workplace delegate and designated area Union organiser.

 

20.5      If the matter is still not resolved, the Employee may request the Project Manager to refer the grievance to the Vice President Engineering and Environment, BlueScope Steel Limited and the relevant Union Secretary or nominee.

20.6      If the above process does not resolve the grievance either of the parties may refer the grievance to the NSW Industrial Relations Commission for determination.

 

20.7      Whilst the above procedures are being carried out, work will continue as it did prior to the grievance arising. Neither party shall be prejudiced as to final settlement by the continuation of work in accordance with this clause.

 

21.0.  Procedure for Settling Disagreements Over Safety Issues

 

21.1      All parties acknowledge that the Job Safety Analysis/Safe Work Method Statement process are the tools and vehicle to identify items of potential risk to workers and equipment and that they shall proactively participate in the preparation and implementation of these tools and control methods to mitigate the risks associated with the Project tasks.

 

21.2      Where a safety problem exists, work shall cease only in the immediate affected area. Work shall continue elsewhere unless access/egress to other safe working areas is unsafe.  However, any problem of access/egress shall be immediately rectified and Employees/workers will use any alternate safety access/egress to/from such safe working areas while the usual access/egress is being rectified.

 

21.3      Should a particular project be in dispute on the basis that the whole project is thought to be unsafe, the following procedures shall apply:-

 

21.3.1               Employees shall not leave the site.

 

21.3.2               Immediate inspection of the project involving the Company, Contractor and Employee representatives shall take place.

 

21.3.3               The Project Manager will nominate the order of priority of the work areas to be inspected.

 

21.3.4               The inspection shall identify the safety rectification work needed to take place in each work zone.

 

21.3.5               As zones are agreed for rectification, all employees/workers who can be gainfully employed shall immediately commence rectification works.

 

21.3.6               Upon verification that such rectification has been completed, productive work will resume.  Such resumption of work shall take place progressively as each work area has been cleared.

 

21.3.7               Should any dispute arise then the Project Manager will immediately call a Work Cover Inspector to assist on the procedures required for rectification.

 

22.0.  No Extra Claims Commitment

 

No claims for wages or conditions in excess of this Award during its period of operation will be made.

 

23.0.  Demarcation Disputes Procedure

 

23.1      It is recognised by the parties to this Award that because of the nature of this project (i.e. the mix of work, size of the total work area and location involved), there is a genuine need to have in place a mechanism capable of swiftly dealing with a demarcation issues as they arise.

 

23.2      It is therefore agreed that:

 

23.2.1               As work is confirmed, and where potential demarcation problems are evident, full discussion shall take place between the employer (contractor, sub-contractor and/or supplier of supplementary labour) and the appropriate Union representatives.

 

23.2.2               If it is not resolved at this level the Project Manager shall be immediately informed in writing and he/she shall advise the South Coast Labour Council within 24 hours.  The Project Manager shall, where practical take this action at least five (5) working days prior to the actual commencement of the work.

 

23.2.3               The Council, when so advised, shall arrange for discussions to take place within the Union movement with a response being provided to the Project Manager within 48 hours.

 

23.2.4               Nothing in this procedure shall operate so as to prevent work from commencing or continuing as contracted, after the expiry of the five (5) working days mentioned above.

 

23.2.5               If the matter is not resolved it shall be dealt with in accordance with Clause 20 - Dispute Prevention Procedure.

 

23.2.6               The parties agree that the outcome of any matter dealt with by the terms of this clause shall not be used as a precedent, reference, example or exhibit in any way whatsoever in matters arising from this work location.

 

23.2.7               While this procedure is being followed, work shall continue normally on the basis of the initial or existing allocation of Union coverage.  This shall not prejudice the position of any party.

 

23.2.8               Should a demarcation dispute arise subsequent to work commencing then the procedure set out in this Clause above shall be followed excluding the reference to five (5) working days.

 

23.2.9               Nothing in this clause shall be read to mean that an employer or a Union has abrogated their rights in relation to settlement of any demarcation dispute.

 

24.0.  Anti Discrimination

 

24.1      It is the intention of the parties bound by this award to seek to achieve the object in s3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, religion, political belief, transgender identity, age and responsibilities as a carer.

 

24.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

24.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

24.4      Nothing in this clause is to be taken to affect:

 

24.4.1               any conduct or act which is specifically exempted from anti-discrimination legislation;

 

24.4.2               offering or providing junior rates of pays to persons under 21 years of age;

 

24.4.3               any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

24.4.4               a party to this agreement from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

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

 

NOTES:

 

Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

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

 

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

 

 

25.0.  Personal/Carers Leave

 

25.1      Use of Sick Leave

 

25.1.1               An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 25.2.2 who needs the employees care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave 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.

 

25.1.2               The employees shall, if required, establish 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.

 

25.2      The entitlement to use sick leave in accordance with this subclause is subject to:

 

25.2.1               the employee being responsible for the care and support of the person concerned; and

 

25.2.2               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 facto partner of the 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:

 

25.2.3               "relative" means a person related by blood, marriage or affinity;

 

25.2.4               "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

25.2.5               "household" means a family group living in the same domestic dwelling.

 

25.3      An employee shall, wherever practicable, prior to the absence, give the employer notice, of the intention to take leave, the name of the person requiring care and their 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.

 

25.4      Unpaid Leave for Family Purpose

 

25.4.1               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 Clause 25.2.2 above who is ill.

 

26.0.  Bereavement Leave

 

26.1      An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death in Australia of a person prescribed in clause 25.2.2 of this clause.  Where the death of a person as prescribed by the said clause 25.2.2 occurs outside Australia the employee shall be entitled to two days bereavement leave where such employee travels outside Australia to attend the funeral.

 

26.2      The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide, to the satisfaction of the employer, proof of death.

 

26.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in Clause 25.2.2 Personal/Carer s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

26.4      An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

26.5      Bereavement leave may be taken in conjunction with other leave available.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

27.0.  Site Working Time

 

27.1      The normal project hours of work shall be between 6.00 am and 6.00 pm Monday to Friday and 7.00 am to 1.00 pm Saturdays.

 

27.2      The parties agree that to meet the needs of the BlueScope Steel Limited operational needs and production patterns, and the Project program  it maybe necessary to alter the normal pattern of  hours and the RDO’s pattern.

 

27.3      The parties agree that crib and lunch breaks maybe staggered for employees so that critical work does not cease during crib and lunch breaks.

 

27.4      There will be no unreasonable interruption of the comfort of employees having crib and lunch breaks with the amenities to be maintained in a clean and hygienic state at all times by the employees and employers.

 

28.0.  Rostered Days Off

 

28.1      A Project Roster Calendar of RDO’s will be prepared following consultation with the Company, Contractor(s), Project Workforce(s) and parties to this Award.

 

28.2      The parties agree that the Project Roster Calendar shall be compatible with current Contractor’s Enterprise Agreement conditions with respect to hours of work.

 

28.3      The Project Roster Calendar shall be as per Schedule 8 example, taking into account the gazetted public holidays and shall be published before each October for the following year.

 

28.4      Rostered Days Off (RDO’s) shall be taken as per the Project Roster Calendar

 

28.5      Any changes from the normal pattern will only be implemented when there is consultation between the affected parties including the Project Manager. These changes shall take into account the operational aspects and maintenance windows of the Slab Yard, Hot Strip Mill, Hot Coil Processing Line and No 2 Products Berth departments and the Project Works status.

 

28.6      Payment for working Rostered Days will be the same as if a non public holiday Saturday is worked.

 

29.0.  Inclement Weather

 

29.1      The parties will adopt a reasonable approach with respect to inclement weather procedures and what constitutes ‘inclement weather’ as per the NBCIA provisions.  The object is to minimise lost time due to inclement weather and the purpose of this Clause is to establish common procedures so that the welfare and safety of Employees is respected and work can continue in an orderly fashion during periods of inclement weather.

 

Employees will accept transfers from an exposed work area to a work area not affected by inclement weather if useful work is available within the scope of the Employee’s skill, competence and training.

 

29.2      During and after periods of inclement weather the Project Manager, after consultation with the employer and employee safety representatives, will determine any steps necessary to ensure that work can continue in a safe manner. In all cases, priority will be given to ensuring that a safe workplace is provided and safe systems of work are used.  Nothing in this procedure will negate or contradict the rights of the safety committee under the terms of the Occupational Health and Safety Act.

 

29.3      Remaining on Site

 

Where, because of wet weather, the employees are prevented from working on the site and appropriate means of engaging the employees on productive work (eg Safety/Tool Box meetings/Job Safety Analysis/Training):

 

29.3.1               for an accumulated total of four hours of ordinary time in any one day; or

 

29.3.2               after the meal break for an accumulated total of 50% of the normal afternoon work time: or

 

29.3.3               during the final two hours of the normal work day for an accumulated total of one hour, the employer shall not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances and,

 

29.3.4               Provided that the Site is left in a safe manner, and

 

29.3.5               Provided that where, by agreement between, the employer and/or his/her representative and the employees’ representative the persons remain on site beyond the periods specified above, any such additional wet time shall be paid for but shall not be debited against the employees hours.

 

29.3.6               Provided further that wet time occurring during overtime shall not be taken into account for the purposes of this sub-clause.

 

29.4      Rain at starting time

 

Where the employees are in the sheds, because they have been rained off, or at starting time, morning tea, or lunch time, and it is raining, they shall not be required to go to work in a dry area or to be transferred to another site unless:

 

29.4.1               The rain stops; or

 

29.4.2               Adequate protection is provided.  Protection shall, where necessary, be provided for the employee’s tools, and

 

29.4.3               Provided that, for the purposes of this clause, a "dry area" shall mean a work location that has not become saturated by rain or where water would not continually drip on the employees.

 

29.5      Consistent with the provisions of this Award, employees are not to leave the job without the approval of the Project Manager.

 

29.6      All parties are committed to an early resumption of work following any cessation of work due to inclement weather.

 

29.7      The parties agree the practice of "one out , all out " will not occur.

 

30.0.  Immigration Compliance

 

30.1      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 the Project Manager of the importance of immigration compliance.  Where there is concern that an employer on the Project is engaging illegal immigrants, the Project Manager will act decisively to ensure compliance.

 

30.2      Employers are required prior to employees commencing work on-site to check the legal right of employees to work. The authorisation form attached to this Award as per Schedule 3 will assist in providing evidence of the employees legal status.

 

31.0.  Australian Content

 

31.1      The Project Manager shall endeavour to maximise Australian content in materials and construction equipment on the Project where practical and feasible.

 

32.0.  Workers Compensation and Insurance Cover

 

32.1      Employers must ensure that all employees that they engage to work on the project are covered by workers compensation insurance.

 

32.2      The Company 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.

 

32.3      Employers and their Employees must comply with the following steps to ensure expedited payment of workers compensation.

 

32.4      All Employees will report injuries to the project first aider and their supervisor at the earliest possible time after the injury

 

32.5      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.

 

32.6      In cases where the Employee is unable to comply with the above, the relevant employer will assist in fulfilling requirements for making a claim.

 

32.7      Employers must ensure that they are aware of and will abide the Worker Place Injury Management and Workers Compensation Act 1998, which provide that:

 

32.7.1               The Employer shall keep a register of injuries/site accident book in a readily accessible place on site;

 

32.7.2               All Employees must enter in the register any injury received by the Employee. The Employer must be notified of all injuries on site immediately.

 

32.7.3               An Employer who receives a claim for compensation, must within seven (7) days of receipt, forward the claim or documentation, to their insurer;

 

32.7.4               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.

 

32.7.5               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.

 

32.8      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.

 

32.9      All parties recognise the importance of Rehabilitation to injured personnel and commit to proactive participation in the Rehabilitation process.

 

33.0.  Apprentices/Trainees

 

33.1      As part of the Project’s commitment to industry training, a ratio of one apprentice/trainee to every five tradesperson within each Employers whole workforce is to be maintained for the duration of each enterprise’s site works.

 

33.2      It is agreed that where there is a need for additional apprentices, contractors shall utilize approved by the parties, accredited Group Training Schemes as a source.

 

34.0.  Project Death Cover

 

Each Employer 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 the 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.

 

SCHEDULE 1

 

PROJECT ALLOWANCES

 

Allowances

 

Fares and Travel	$25.00 per day, flat, (refer 9.1 & 9.10)
Project Allowance	$2.30 per hour, flat, (refer 9.2 & 9.10)

 

BlueScope Steel Limited (AI&S) Disability Allowance  $1.00 / hour (all purpose), fixed for term of the PCA (Refer 9.3) or as per movement in the MECA.

 

Superannuation

 

Employer contributions shall be $90.00 minimum per week fixed for term of PCA or in accordance with the Superannuation Guarantee Legislation (refer 9.4,  9.6 & 9.10), whichever is the greater.

 

Redundancy

 

Redundancy payment $61.00 per week flat (refer 9.5, and 9.6) increasing to $65.00 per week flat twelve (12) months after Award commencement.

 

Top Up/24 Hour Income Accident Insurance

 

Employer provision shall be up to $60.00/month fixed for term of PCA (refer 9.7 & 9.10)

 

Living Away From Home Allowance (LAFHA)

 

Eligible employees shall be paid at the minimum rate of $450/calendar week LAHFA (refer 9.8), or such a higher amount where applicable under a relevant industry Award or Enterprise Agreement, or be provided with reasonable full board and meals provided by the employee’s employer.

 

This allowance shall be prorated for part weeks entitlements.

 

SCHEDULE 2

 

MAP OF SITE LOCATION BOUNDARIES

 

This map cannot be reproduced in this publication.  Please refer to IRC 2004/5553.

 

SCHEDULE 3

 

AUTHORITY TO OBTAIN DETAILS OF IMMIGRATION STATUS

 

 

SCHEDULE 4

 

DECLARATION OF "LOCAL" USUAL PLACE OF RESIDENCE

 

 

SCHEDULE 5

 

DECLARATION OF "NON LOCAL" USUAL PLACE OF RESIDENCE

 

 

SCHEDULE 6

 

Map Detailing "Local/Non Local" Usual Place of Residence Boundaries

 

Northern Boundary shall be defined as Sydney Harbour Heads/Parramatta River/Train Line from Parramatta to Glenbrook.

 

This map cannot be reproduced in this publication.  Please refer to IRC 2004/5553.

 

SCHEDULE 7

 

PROJECT EMPLOYMENT POLICY

 

To maximise employment of locals it is the policy of the Hot Strip Mill Capacity Increase Project and Contractors engaged on the Project to where ever possible employ "locals" defined as people whose "usual place of residence is within the area marked "local on the attached map forming Schedule 6 to this Award.

 

"Local" employees are entitled to fares and travel allowance in accordance with clause 9.1 of this Award and no entitlement to claim or be paid Living Away From Home Allowance (LAFHA) or be provided with reasonable board and lodging.

 

Applicants who are "Non Locals", defined as those whose usual place of residence is outside the area marked "Local" on Schedule 6 are unlikely to be offered employment for the Project. There maybe special circumstances which are exemptions to this policy such as

 

Specialised skills in short supply locally,

 

Part of a Contractor’s core workforce.

 

If any "Non Local" is engaged on the Project as an exception to this policy he / she will be entitled to be provided with reasonable board and lodging or LAHFA in accordance with Clause 9.8 of this Award.

 

"Non Locals" who for the purpose of seeking work on the Project elect to establish themselves either temporarily or permanently in the area marked "Local" may apply to work on the Project as "Locals".

 

Such applicants may declare a "Local" place of residence and be entitled to fares and travel allowance in accordance with Clause 9.1 and will not be entitled to reasonable board and lodging nor LAFHA.

 

An employee who has been provide with a copy of this policy will be deemed not to have been subject to undue influence or duress in relation to the declaration of the employee’s usual place of residence (refer Schedule 4 & 5 of his Award).

 

SCHEDULE 8

 

Project Roster Calendar

 

SITE CALENDAR 2004

 

 

SITE CALENDAR 2005

 

 

These dates are indicative and subject to the holidays being gazetted. The Parties agree that the Project Calendar for 2005 will be settled as close as possible to the dates provided in this calendar.

 

 

 

J. P. GRAYSON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.