THE BEACH - CABARITA BEACH PROJECT AWARD 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Labor
Council of New South Wales, State Peak Council for Employees.
(No. IRC 7484 of 2004)
Before The Honourable
Justice Walton, Vice-President
|
1 February 2005
|
AWARD
1. Arrangement
1. Arrangement
2. Objectives
3. Definitions
4. Application
5. Duration
6. Industry
Standards
6.1 Superannuation and Redundancy
6.2 Top Up/24 Hour Income Protection Insurance
6.3 Project Productivity/Incentive Payment
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.2 Environment, Health and Safety Plans
7.3 The Safety Committee
7.4 Safety Procedures
7.5 OH&S Industry Induction
7.6 Formwork Safety
7.7 Temporary Power/Testing and Tagging
8. Dispute
Resolution
8.1 Employer & Project Wide Specific Disputes Specific
Disputes
8.2 Procedures to Prevent Disputes Regarding Non-Compliance
8.3 Demarcation Disputes
9. Monitoring
Committee
10. Productivity
Initiatives
10.1 Inclement Weather
10.2 Rostered Days Off
10.3 Maximising Working Time
10.4 Hours of Work
11. Immigration
Compliance
12. Long
Service Compliance
13. No Extra
Claims
14. No
Precedent
15. Union
Rights
15.1 Visiting Union Officials
15.2 Rights of the Project Delegate
15.3 Union Membership
16. Australian
Content
17. Protective
Clothing
18. Workers
Compensation and Insurance Cover
19. Apprentices
20. Training
and Workplace Reform
21. Project
Death Cover
22. Anti-Discrimination
23. Personal/Carers
Leave
23.1 Use of Sick Leave
23.2 Unpaid Leave for Family Purpose
23.3 Annual Leave
23.4 Time-off in Lieu of Payment for Overtime
23.5 Make-up Time
23.6 Rostered days off
24. Project
Close-Down Calendar
25. Leave Reserved
Annexure A -
(Parties)
Annexure B -
Authority to obtain details of work rights from DIMIA
2. Objectives
2.1. The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued
development of communication processes which facilitate participation by all
Employers, Employees and Unions
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased scope
of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees.
(g) Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Improved wages
and conditions for all employees working on the project;
(n) Increased
leisure time for employees by eliminating excessive hours of work.
(o) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships.
(p) Adoption of a
co-operative and non-adversarial approach to Industrial Relations issues.
(q) Commitment to
positive project outcomes including completion within Budget.
(r) Commitment to
the NSW Government Code of Practice for the Construction Industry.
3. Definitions
"Award" means this "The Beach - Cabarita,
Project Award 2005" made between the Parties.
"Builder" means J. Hutchinson Pty Ltd (Hutchinson
Builders).
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by an Employer and
who performs work on the Project.
"Employer" means Hutchinson Builders and/or any
subcontractor engaged by Hutchinson Builders to work on the Project.
"Enterprise Agreement" means an agreement
certified under the Workplace Relations Act (Cth),or approved under the Industrial
Relations Act (NSW) 1996 or Queensland Industrial Relations Act
1999.
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Monitoring Committee" means the committee
established under clause 10 of this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Project" means the Construction works contracted
to Hutchinson Builders at ‘The Beach’ - Cabarita Beach Project, Corner of
Pandanus Parade & Coast Road, Cabarita, NSW.
"Project Manager" means the Project Manager
appointed by Hutchinson Builders from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"Unions" means each of the Unions listed in Part 2
of Annexure A.
4. Application
4.1. This Award
will only apply to work done on the Project by the Employees for the period the
Employer engages the Employees to work on the Project.
4.2. Where Hutchinson
Builders engages sub-contractors to carry out works on the project, it shall
make it a condition of any contract that it enters into with its
sub-contractor/s that they will not employ or otherwise engage persons on wages
and conditions, which are less favourable than those set out in this project
award.
4.3. This Award is
generally intended to supplement and co-exist within the terms of existing
Enterprise Agreements and Awards and its primary purpose is to provide a
framework for the Employers, the Labor Council and the Unions, to manage those
issues on the Project, which affect more than one Employer.
5. Duration
5.1. This Award
shall operate on and from 1 January 2005 until practical completion.
6. Industry Standards
6.1. Superannuation
and Redundancy
(a) Each employer
will pay on behalf of each of its employees working on the Project a
superannuation contribution of 9% of the employee’s ordinary time earnings, or
a minimum of $100 per week whichever is the greater, to the superannuation fund
nominated in the relevant industrial instruments eg C+BUS, BUSSQ or other
scheme approved by the parties, from 1 July 2005 the minimum contribution rate
will increase to $110.00 per week.
(b) Each Employer
will make a redundancy contribution on behalf of each of its employees working
on the Project of not less than $60 per week into ACIRT or BERT or other
schemes approved by the parties. Such redundancy contributions will be offset
against the Employers applicable industrial instrument obligations.
(c) The
"Superannuation and Redundancy Scheme" contribution rates for
Apprentices are provided for in Clause 19 Apprentices.
6.2. Top Up/24 Hour
Income Protection Insurance
(a) Each Employer
will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with
the U PLUS Scheme or other similar schemes, which are approved by the Parties
to this award.
6.3. Project
Productivity Allowance
(a)
(i) Subject to
paragraph 6.3(b) the Employer will pay a Project Productivity Allowance for persons
engaged on the project of $1.75 per for each hour worked on the project. This
payment does not attract any penalty or premium.
(ii) Where an
Employer does not have an Enterprise Agreement in place as defined in Clause 3
the Project Productivity Allowance for persons engaged on the project will be
$2.50 for each hour worked on the Project.
The Project Productivity Allowance shall be in lieu of
all Special Rates with the exception of the following:-
(i) Heavy Block
Rate.
(ii) Explosive
Powered Tool Rate.
(iii) Toxic
Substances and Toxic Fumes Rate.
(iv) Swing Scaffold
Rate.
(v) Form Work
Certificate Allowance of $0.20 per. hour
(b) Project
Productivity Allowance - Project Milestones
Level 1 Apartments 101-104
|
3 August 05
|
Ground Floor Tenancies G1-G4
|
13 September 05
|
Level 2 Apartments 201-204
|
16 September 05
|
Level 3 Apartments 313-315
|
1 November 05
|
Level 4 Apartments 401-402
|
23 February 06
|
Courtyard Landscaping
|
29 March 06
|
Practical Completion
|
5 April 06
|
(i) The project
productivity allowance payments shall relate to achievements for works
completed to Project Milestones.
(ii) The monthly
reviews will certify the achievement of Project Milestones for the purpose of entitlement
to the payment for works completed.
(iii) In the event
that a Project Milestone is not achieved, the Monitoring Committee shall meet
to determine:
The reason why the date of the relevant Project
Milestone was not achieved.
The action required catching up to the Project
Milestone.
If payment shall continue for the coming month.
However, if in spite of the parties best efforts, a
Project Milestone is not achieved for two consecutive months and there are not
extenuating circumstances then the Monitoring Committee shall meet to discuss
why that target has not been achieved and how best, time can be made up to
ensure Project Milestone(s) are achieved.
If a Project Milestone Date is not achieved and there
are not extenuating circumstances(s) acceptable to the Monitoring Committee,
then no payment will be made against achievement of that Milestone.
If in the following period(s) work catches up to allow
achievement of the subsequent Project Milestone(s) then a payment shall be made
and shall include payment(s) for the preceding Project Milestone.
The parties agree that the Hutchinson Builders Project
Manager, in conjunction with the Monitoring Committee shall determine if the
identified Milestones for the Project have been achieved.
7. Environment,
Health, Safety and Rehabilitation (Ehs&R)
7.1. Induction
All Employees must attend an agreed EHS&R site
induction course on commencement of engagement on site.
7.2. Environment,
Health, and Safety Plans
(a) All Employers
must submit an environment, health safety and rehabilitation management plan in
accordance with relevant legislation. These plans should include evidence of:
(i) Risk
assessment of their works;
(ii) Hazard
identification, prevention and control;
(iii) Planning and
re-planning for a safe working environment;
(iv) Industry and
trade specific induction of Employees;
(v) Monitoring
performance and improvement of work methods;
(vi) Reporting of
all incidents/accidents;
(vii) Compliance
verification; and
(viii) Regular
EHS&R meetings, inspections and audits of the Project.
7.3. The Safety
Committee
(a) The Safety
Committee will be properly constituted with an agreed constitution. All members of the safety committee will
undertake agreed Occupational Health and Safety training with Comet Training or
other approved providers.
7.4. Safety
Procedures
(a) The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
(b) If the Project
Manager or the Safety Committee is of the opinion that an Employee or Employer
has committed a serious breach of either the Environment Health and Safety
Policy or the relevant safety management plan (or any other agreed safe working
procedures), the Project Manager (or the Project Manager on recommendation from
the Safety Committee) will implement disciplinary action against the Employer
or Employee which may include taking all steps required to remove the Employer
or Employee from the Project.
(c) The Parties
agree that pursuant to the Code of Practice, in the event that an unsafe
condition exists, work is to continue in all areas not affected by that
condition and those employers may direct employees to move to a safe place of
work. No employee will be required to work in any unsafe area or situation.
(d) Where an
unsafe condition has been agreed by the Safety Committee corrective action will
be implemented immediately. Works will not recommence in this area until the
rectification works have been accepted, by both the Safety Committee and the
Project Manager.
(e) Any
disagreement as to the proper rectification of an unsafe condition shall be
referred to a Work Cover Inspector whose determination shall be binding on all
parties.
7.5. OH&S
Industry Induction
No person will be engaged on site unless he/she has
completed the WorkCover NSW Accredited OH&S Industry Induction Course.
7.6. Formwork
Safety
All persons engaged on the erection or dismantling of
formwork will have the relevant WorkCover Formwork Certificate of Competency. Where
an employee does not have a Certificate of Competency, Comet Training or other
approved providers will be contacted to assess the qualifications of the
relevant employee.
7.7. Temporary
Power/Testing and Tagging
In order to maintain the highest standards of safety in
regard to the use of electricity during construction, it is agreed that the
temporary installation is installed strictly in accordance with AS 3012
(1995). All work is to be carried out
by qualified electrical tradesperson. Testing and tagging is to be carried out
only by qualified electrical tradesperson.
8. Dispute Resolution
One of the aims of this Award is to eliminate lost time in
the event of a dispute and to achieve prompt resolution of any dispute.
8.1. Employer &
Project Wide Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employees or their representative
Union, in the absence of an "Enterprise Agreement" provision, the
following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of the Employer and the Union delegate;
(c) Discussion
between site management representatives of the Employer and the Union
organiser;
(d) Discussion
between senior management of the Employer, Hutchinson Builders and the
appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Senior
Representative of Hutchinson Builders NSW (or nominee).
(f) If the
dispute is not resolved after step (e), parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to it’s powers set out in the Industrial Relations Act 1996
(NSW).
(g) Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
8.2 Procedures to
prevent Disputes Regarding Non- Compliance
(a) Hutchison Builders
in association with the accredited site union delegate will check monthly
payments of subcontractors companies engaged on site in relation to
superannuation, redundancy and extra insurance to ensure payments for employees
have been made as required. The Hutchison Builders 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. payments designed to
avoid tax and other statutory obligations and sham subcontract arrangements.)
Where such practices are identified Hutchison Builders 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
Sub-Contractors Statements regarding workers’ compensation, payroll tax and
remuneration. A copy of these statements will be available on request to an
accredited trade union officer or site delegate.
(d) The union
delegate or union official shall advise Hutchison Builders if they believe the
information which has been provided by any sub-contractor is not correct.
(e) Any dispute
concerning non-compliance shall be resolved in accordance with the dispute
settling procedures of this award.
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.
(b) Discussion
between the Labour Council of New South Wales and the Unions to try to resolve
the dispute.
(c) If the dispute
is not resolved after step (b), either Union may notify the dispute to the
Industrial Relations Commission of New South Wales, and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to it’s powers set out in the Industrial Relations Act 1996 (NSW).
9. Monitoring
Committee
9.1. The Parties
will establish a committee to monitor the implementation of this Award.
9.2. This
Monitoring Committee if established will meet at the commencement of construction
and then at three monthly intervals or as required during construction on the
Project.
9.3. The monitoring
Committee will consider ways in which the aims and objectives of this Award can
be enhanced, which may include, but not be limited to discussion of:
(a) Progression
towards and achievement of set project milestones;
(b) Developing
more flexible ways of working;
(c) Enhancing
occupational, health and safety;
(d) Productivity
plans, and
(e) Compliance
with Award and other statutory requirements by employers.
(f) Constitution
and compositions of the Monitoring Committee
9.4. If the
principles of this Award are not being followed, the Committee will develop a
plan in consultation with the Parties, to implement the intent of the Award.
10. Productivity
Initiatives
10.1. Inclement
Weather
(b) The Parties to
this Award will collectively proceed towards the minimisation of lost time due
to inclement weather.
(c) Further, the
Parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if, in
the opinion of the Parties, useful work is available in that area or site and
that work is within the scope of the Employee’s skill, competence and training
consistent with the relevant classification structures (provided that the
Employer shall provide transport to such unaffected area where necessary).
(iii) Where the
initiatives described in (b) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
(iv) All Parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
(v) The Parties
agree the practice of "one out, all out" will not occur.
10.2. Rostered Days
Off
(b) The
implementation of Rostered Days Off (RDO's) is set down in clause 25. The purpose which is to:
(i) Increase the
quality of working life for Employees; and
(ii) Increase the
productivity of the Project.
(c) Records of
each Employees RDO's accruals will be recorded on the Employees pay slip and
copies made available to the Employee, the Employees, delegate or union
official upon request. It is acknowledged that different arrangements in
relation to the banking of RDO’s may apply to members of the CEPU
10.3. Maximising
Working Time
(b) The Parties
agree that crib and lunch breaks may be staggered for Employees so that work
does not cease during crib and lunch.
There will be no unreasonable interruption of the comfort of employees
having lunch with the amenities to be maintained in a clean and hygienic state
at all times.
10.4. Hours of Work
(b) Ordinary hours
of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to Friday.
However, ordinary hours may commence from 5.00am by agreement between the
Employer, Employee and relevant Union.
11. Immigration
Compliance
11.1. The Parties are
committed to compliance with Australian immigration laws so as to ensure maximum
work opportunities for unemployed permanent residents and Australian citizens.
Employers will be advised by Hutchinson Builders the importance of immigration
compliance. Where there is concern that illegal immigrants are being engaged by
an employer on the Project, Hutchinson Builders will act decisively to ensure
compliance.
11.2. Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorization
form attached to this Award as per Appendix B will assist in providing evidence
of the employee’s legal status.
12. Long Service
Compliance
12.1. If applicable,
and in accordance with the NSW Building and Construction Industry Long
Service Leave Act, no Employee will be engaged on site unless he or she is
a worker registered with the NSW Long Service Payments Corporation. All
Employers (if applicable) engaged on site will be registered as employers in
accordance with the NSW Building and Construction Industry Long Service
Payments Act and will strictly comply with their obligations.
13. No Extra Claims
13.1. 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
14.1. 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. Union Rights
The Parties to this Award acknowledge the right of employees
to be active union members and respect the right of union to organise and
recruit employees. The Parties to this Award also acknowledge that good
communication between union officials, the delegate and its members is an
important mechanism in assisting the parties to resolve grievances and disputes
in a timely fashion.
15.1 Visiting Union
Officials
(a) Union
officials (party to this Award) when arriving onsite, shall call at the site
office and introduce themselves to the Project Manager prior to pursuing their
union duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant Building Awards, the Occupational Health and Safety Act and
Regulations, and other statutory/legislative obligations for entry to the site.
(c) Union
officials with the appropriate credentials shall be entitled to inspect all
such wage records, other payment records and related documentation necessary to
ensure that the Employers are observing the terms and conditions of this Award.
(d) All such wages
books and other payment records shall be made available within 24 hours on site
or at another convenient, appropriate place, provided the union gives notice to
the Employers and the Project Manager.
(e) Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Building Awards, Enterprise Agreements, the Industrial
Relations Act 1996 (NSW), or other Employer Statutory requirements.
(f) Where it is
felt necessary by an officer of the union to call a meeting of union members,
the Company will be advised prior to doing so and a mutually agreeable meeting
time shall be determined.
15.2 Rights of the
Project Delegate
In this clause the expression "delegate"
means an employee who is the accredited representative of the Union on the
project.
(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 a
Project Delegate to a workplace or work situation which prevents or
significantly impedes communication with the Project workforce;
ii. Changing a
Project Delegate’s shifts or rosters so that communication with Employees is
prevented or significantly impeded;
iii. Disrupting
duly organised meetings.
(d) The Project
Delegate shall be entitled to represent the Project workforce in relation to
industrial matters on the Project, and without limiting the generality of that
entitlement is entitled to be involved in representing the Project workforce:
i. The
introduction of new technology on the Project and other forms of workplace
change;
ii. Career path, reclassification,
training issues; and to initiate discussions and negotiations on any other
matters affecting the employment of the Employees;
iii. Ensuring that
Employees on the Project are paid their correct wages, allowances and other
lawful entitlements.
iv. To check with
relevant industry schemes so as to ensure that superannuation, long service
leave and redundancy has been paid on time.
(e) In order to
assist the Project Delegate to effectively discharge his or her duties and
responsibilities, the Project Delegate shall be afforded the following rights:
i. The right to
reasonable communication with other delegates, union officials and management
in relation to industrial matters, where such communication cannot be dealt
with or concluded during normal breaks in work;
ii. At least 10
days paid time off work to attend relevant Union training courses/forums;
(f) There shall
be no deduction to wages where the Union requires a delegate to attend any
Court or Industrial Tribunal proceedings relating to industrial matters at the
workplace impacting on employees.
15.3. Union
Membership
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.
To assist in this process the Employer shall:
(a) Where agreed,
and authorised by the Employee, provide Payroll Deduction Services for Union
fees. Such fees shall be remitted to the Union on a regular agreed basis with
enough information supplied to enable the Union to carry out reconciliation.
Nothing in this clause shall be contrary to the
relevant legislation or freedom of association provisions.
16. Australian
Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
and feasible.
17. Protective
Clothing
17.1. Employers will
provide their Employees engaged on site with legally produced Australian made protective
clothing and footwear on the following basis, if not already supplied by the
employer:
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on site and will
be replaced on a fair wear and tear basis provided they are produced to the
Employer as evidence.
(b) Clothing
Two sets of protective clothing (combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year as a result of fair wear and tear and are produced to the
Employer as evidence.
(c) Jackets
Each person, after accumulated employment on site of
152 hours shall be eligible to be issued with spray jacket or equivalent, which
will be replaced once per calendar year on a fair wear and tear basis.
17.2. In
circumstances where any Employee(s) of Employers are transferred to the Project
from another Project where an issue of equivalent clothing was made, then such
Employee shall not be entitled to an issue to this Project until the expiry of
the calendar year or on a fair wear and tear basis.
17.3. Employees who
receive from their Employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the Employer’s policy, EBA or relevant
industrial instrument shall not be entitled to the provisions of this clause
17.4. Employers will
consult with the CFMEU, to be provided with a list of recommended Australian
Manufacturers who do not use illegal or exploited labour in the manufacturing
of their work clothes.
18. Workers
Compensation and Insurance Cover
18.1. Employers must
ensure that all persons that they engage to work on the project are covered by
New South Wales workers compensation insurance.
18.2. Hutchinson
Builders will audit Workers Compensation Certificates of Currency from each
Employer engaged on site to ensure that the wages estimate and tariff declared
for the type of work undertaken is correct.
This information will be available to authorised Union officials on
request.
18.3. Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers compensation:
(a) All Employees will
report injuries to the project first aider and their supervisor at the earliest
possible time after the injury
(b) All Employees
will comply with the requirements for making a workers compensation claim,
including the provision of a Workcover medical certificate, at the earliest
possible time after the injury. This
information will also be supplied to the project first aid officer, and their
supervisor.
(c) In cases where
the Employee is unable to comply with the above, the relevant employer will assist
in fulfilling requirements for making a claim.
18.4. Employers must
ensure that they are aware of and will abide by Sections 63 to 69 of the Workers
Injury Management and Workers Compensation Act 1998, which provide that:
(a) The Employer
shall keep a register of injuries /site accident book in a readily accessible
place on site;
(b) All Employees
must enter in the register any injury received by the Employee. The Employer
must be notified of all injuries on site immediately. The employer must notify
the insurer within 48 hours of a significant injury;
(c) An Employer
who receives a claim for compensation, must within seven (7) days of receipt,
forward the claim or documentation, to their insurer;
(d) An Employer
who receives a request from their insurer for further specified information
must within seven (7) days after receipt of the request, furnish the insurer
with the information as is in the possession of the Employer or reasonably
obtained by the Employer;
(e) An Employer
who has received compensation money from an insurer shall forward such money to
the person entitled to the compensation within three (3) working days;
18.5. Where there has
been a serious incident and/or accident, which has resulted in a serious injury
or loss of life, the Employer shall notify the relevant union immediately.
18.6. The Employer
will also complete the relevant accident notification form and send it to
WorkCover.
19. Apprentices
19.1. As part of the
Project’s commitment to industry training, a ratio of one apprentice/ trainee
to every five tradespersons within each Employer’s workforce is to be
maintained.
19.2. The parties
acknowledge for Apprentices the superannuation contribution rate is 9% of ordinary
time earnings, which shall be made to the superannuation fund nominated in the
relevant industrial instruments being C+BUS/BUSSQ or other schemes approved by
the Parties.
19.3. Unless
otherwise prescribed in an Employers "Enterprise Agreement" the
minimum contribution rates for Apprentices into ACIRT or other schemes approved
by the parties will be as follows:
1st Year
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-
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$25 per week
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2nd Year
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-
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$25 per week
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3rd Year
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-
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$35 per week
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4th Year
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-
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$35 per week
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All the above rates will remain fixed for the life of
this Project Award.
20. Training and
Workplace Reform
The Parties are committed to achieving improvements in
productivity and innovation through cooperation and reform. Employers are
expected to demonstrate their commitment to develop a more highly skilled
workforce by providing their Employees with career opportunities through
appropriate access to training and removing any barriers to the use of skills
acquired.
21. Project Death
Cover
Hutchinson Builders will guarantee that the legal
beneficiary of any employee who dies from a workplace injury while working on
the project will be paid a death benefit of $25,000. Such benefit shall be paid
within fourteen (14) days of the production of appropriate documentation. This
payment shall be in addition to any other entitlement that might be paid to the
beneficiary as a consequence of the death of the employee.
22.
Anti-Discrimination
22.1. It is the intention
of the parties bound by this Award to seek to achieve the object in section
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace.
22.2. This includes
discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
22.3. It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with fulfilment of these obligations for the parties to make application to
vary any provision of the Award, which, by its terms or operation, has a direct
or indirect discriminatory effect.
22.4. Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an Employee because the Employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
22.5. Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
This clause does not create legal rights or obligations in
addition to those imposed upon the Parties by legislation referred to in this
clause.
23. Personal/Carers
Leave
23.1. Use of Sick
Leave
(a) An Employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in clause 23.1 (c)(ii) who needs the Employee’s care and
support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, for absences to provide care and
support, for such persons when they are ill. Such leave may be taken for part
of a single day.
(b) The Employee
shall, if required, establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person. In normal circumstances, an Employee must
not take carer’s leave under this subclause where another person has taken
leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
a spouse of the Employee; or
a de facto spouse, who, in relation to a person, is a
person of the opposite sex to the first mentioned person who lives with the
first mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
a child or an adult child (including an adopted child,
a step child, a foster child or an ex-nuptial child), parent (including a
foster parent and legal guardian) grandparent, grandchild or sibling of the
Employee or spouse or de facto spouse of the employee; or
a same sex partner who lives with the Employee as the
de facto partner of that Employee on a bona fide domestic basis; or
a relative of the Employee who is a member of the same
household, where for the purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other: and
"household" means a family group living in
the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the Employee to give prior notice of absence, the
Employee shall notify the Employer by telephone of such absence at the first
opportunity on the day of absence.
23.2. Unpaid Leave
for Family Purpose
(a) An Employee
may elect, with the consent of the Employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in 23.1 (c)(ii) above who is ill.
23.3. 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 23.3(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.
23.4. Time-off in
Lieu of Payment for Overtime
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, which is an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph 23.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with paragraph 23.4(a), the Employee shall be
paid overtime rates in accordance with the award.
23.5. 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.
23.6. Rostered days
off
(a) An Employee
may elect, with the consent of the Employer, to take a rostered day off at any
time.
(b) An Employee
may elect, with the consent of the Employer, to take rostered days off in part
day amounts.
(c) An Employee
may elect, with the consent of the Employer, to accrue some or all-rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the Employer and Employee, or subject to reasonable notice by
the Employee or the Employer.
(d) This subclause
is subject to the Employer informing each Union which is both party to the
Award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the Unions to participate in negotiations.
24. Project Close-
Down Calendar
For the purpose of this award the Parties agree that the
following calendar will be adopted for the Project. The calendar has been produced with a view to maximising quality
leisure time off for all employees. Accordingly, the Parties agree that on
certain weekends (as set out in the Calendar), no work shall be carried out.
Provided, however, where there is an emergency or special
client need, work can be undertaken on the weekends and adjacent RDO’s as set
out below, subject to the agreement of the appropriate union secretary or his
nominee. In such circumstances reasonable notice (where possible), shall be
given to the union (or union delegate).
SITE CALENDAR DECEMBER 2004
Saturday
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December 4
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Sunday
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December 5
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Monday
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December 6
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Union Picnic Day
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Tuesday
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December 7
|
RDO (if applicable)
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SITE CALENDAR 2005
Saturday
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January 1
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New Year’s Day
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Sunday
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January 2
|
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Monday
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January 3
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New Year’s Day Public Holiday
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Wednesday
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January 26
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Australia Day Public Holiday
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Thursday
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January 27
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RDO
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Friday
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January 28
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RDO
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Saturday
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January 29
|
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Sunday
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January 30
|
|
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Friday
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March 25
|
Good Friday Public Holiday
|
Saturday
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March 26
|
|
Sunday
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March 27
|
Easter Sunday
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Monday
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March 28
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Easter Monday Public Holiday
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Tuesday
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March 29
|
RDO
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Friday
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April 22
|
RDO
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Saturday
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April 23
|
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Sunday
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April 24
|
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Monday
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April 25
|
Anzac Day Public Holiday
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Saturday
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June 11
|
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Sunday
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June 12
|
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Monday
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June 13
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Queen’s Birthday Public Holiday
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Tuesday
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June 14
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RDO
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Saturday
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October 1
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Sunday
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October 2
|
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Monday
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October 3
|
Labour Day Public Holiday
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Tuesday
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October 4
|
RDO
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Saturday
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December 3
|
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Sunday
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December 4
|
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Monday
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December 5
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Union Picnic Day
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Tuesday
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December 6
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RDO
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The Project Closedown Calendar for 2006 shall be determined
by the parties in accordance with the principles associated with the 2005 closedown
calendar.
25. Leave Reserved
The Union Parties to this Award shall have the right to make
application to have the following provision or a provision with similar intent
inserted into the Project Award.
"Notwithstanding subclause 8.4(a) if an employer is
identified as paying his or her employees "all-in payments" which are
not enforceable under an enterprise agreement as defined then such payments
shall be deemed to be the employees ordinary rate of pay for all purposes of
this Project Award and other industrial instruments which apply to such
employees for the duration of the project. In such circumstances, all employees
of the employer working on the project shall obtain the benefit of the higher
rate of pay plus the conditions of this Project Award."
ANNEXURE A
PARTIES
Part 1
EMPLOYERS:
Hutchinson Builders and any Sub-contractors engaged to work
on the Project.
Part 2
UNIONS:
The Labor Council of New South Wales;
Construction Forestry Mining and Energy Union (Construction
& General Division) New South Wales Divisional Branch;
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Electrical Trades Union of Australia (NSW Branch);
Automotive Food Metals Engineering Printing & Kindred
Industries Union (also known as AMWU)
ANNEXURE B
Authority to obtain details of work rights from DIMIA
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EMPLOYMENT DETAILS
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(As specified in passport or other identity document)
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Family Name:
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Given Name(s):
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Date of birth
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Other Name(s) used (e.g.
maiden name):
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Nationality:
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Passport Number:
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Visa number:
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Visa Expiry Date:
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I authorise the
Department of Immigration and Multicultural Affairs (DIMIA) to release the
details of my
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work rights status
(that is, my entitlement to work legally in Australia) to the named employer/labour
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supplier.
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I understand that these
details are held by DIMIA on departmental files and computer systems. I also
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understand that the
employer/labour supplier will use this information for the purposes of
establishing my
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legal entitlement to
work in Australia, and for no other purpose.
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Employee Signature:
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Date:
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EMPLOYMENT/LABOUR
SUPPLIER DETAILS
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Business
Name:
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Business
Street Address:
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Type
of Business:
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Name
of Contact Person:
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Telephone:
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Fax:
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Note
that the employee’s work rights status will be sent directly to the fax
number given above. Please
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ensure
that this number is correct.
|
|
THE
COMPLETED FORM SHOULD BE FAXED TO 1800 505 550
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IF
ALL DETAILS MATCH WITH OUR RECORDS, THE EMPLOYEES WORK RIGHTS STATUS
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WILL
BE FAXED TO YOU WITHIN ONE WORKING DAY.
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M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.