WESTMEAD HOSPITAL REDEVELOPMENT PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Thiess Pty
Ltd.
(No. IRC 2 of 2005)
Before Commissioner
Tabbaa
|
18 January 2005
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Objectives
3. Definitions
4. Application
5. Duration
6. Industry
Standards
6.1 Superannuation and Redundancy
6.2 Top Up/24 Hour Income Protection Insurance
6.3 (a) Productivity allowance
6.3 (b) Transport Drivers
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.2 Environment, Health and Safety Plans
7.3 The Safety Committee
7.4 Safety Procedures
7.5 OH&S Industry Induction
7.6 Formwork Safety
7.7 Temporary Power/Testing and Tagging
7.8 Crane Safety
8. Alcohol
and Drug Procedure
9. Safety
Procedures
10. Dispute
Resolution
10.1 Employer specific disputes
10.2 Project Wide Disputes
10.3 Demarcation Disputes
10.4 Procedures to prevent Disputes Regarding Non- Compliance
11. Monitoring
Committee
12. Productivity
Initiatives
12.1 Learning Initiatives
12.2 Inclement Weather
12.3 Rostered Days Off
12.4 Maximising Working Time
12.5 Hours of Work
13. Immigration
Compliance
14. Long
Service Compliance
15. No Extra
Claims
16. No
Precedent
17. Single Bargaining
Unit
18. Union
Rights
18.1 Visiting Union Officials
18.2 Workplace Delegates
19. Australian
Content
20. Protective
Clothing
21. Workers
Compensation and Insurance Cover
22. Apprentices
23. Training
and Workplace Reform
24. Project
Death Cover
25. Anti-Discrimination
26. Personal/Carers
Leave
26.1 Use of Sick Leave
26.2 Unpaid Leave for Family Purpose
26.3 Annual Leave
26.4 Time-off in Lieu of Payment for Overtime
26.5 Make-up Time
26.6 Rostered days off
27. Project
Close-Down Calendar
28. Code of
Conduct
29. Leave
Reserved
Annexure A
Annexure B
2. Objectives
2.1 The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued
development of communication processes, which facilitate participation by all
Employers, Employees and Unions
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees.
(g) Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Improved wages
and conditions for all employees working on the project;
(n) Increased
leisure time for employees by eliminating excessive hours of work.
(o) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships.
(p) The parties
recognise that it is an objective of the Unions that all employers should have
in place Enterprise Agreements with the relevant union or unions.
(q) Compliance
with the NSW Government Construction Industry Code of Procurement.
3. Definitions
"Award" means this Name of Award made between the
Parties.
"Thiess" means Thiess Pty Ltd of 26 College Street
Sydney.
"Code of Procurement" means the New South Wales
Government Code of Procurement.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means Thiess Pty Ltd and/or any
subcontractor/s engaged to work on the Project.
"Enterprise Agreement" means an agreement
certified under the Workplace Relations Act 1996 (Cth) or approved under
the Industrial Relations Act 1996 (NSW).
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation Policy"
means either of the plan or policy devised and implemented by the Project
Manager for the Project (as amended from time to time).
"Monitoring Committee" means the committee
established under clause 10 of this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Project Milestones" means the milestones listed
in 6.3(d) as amended by the Monitoring Committee from time to time.
"Project" means construction works contracted to
Thiess Pty Ltd and any subsequent variations at Westmead Hospital, Westmead.
The Project involves the redevelopment of facilities and health services at
Westmead.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by Thiess Pty Ltd from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"Unions" means each of the Unions listed in Part 2
of Annexure A.
4. Application
4.1 This Award
will apply to work done on the Project by the Employees for the period the
Employer engages the Employees to work on the Project.
4.2 Where Thiess
engages sub-contractor/s, it shall make it a condition of any contract that it
enters into with its sub-contractor/s that they will not employ or otherwise
engage persons on wages and conditions, which are less favourable than those
set out in this Project Award.
4.3 The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for work on this Project.
4.4 This Award is
generally intended to supplement and co-exist within the terms of existing
Enterprise Agreements and Awards and its primary purpose is to provide a
framework for the Employers, the Labor Council and the Unions, to manage those
issues on the Project which affect more than one Employer.
5. Duration
5.1 This Award
shall operate on and from 1 November 2004 until Practical Completion.
6. Industry Standards
6.1 Superannuation
and Redundancy
(a) The Parties
acknowledge that a contribution of
$95.00 per week or 9% of ordinary time earnings (whichever is the greater)
will be made to the superannuation fund nominated in the relevant industrial
instruments being C+BUS; NESS; STA, TWU or other schemes approved by the
Parties. The above contribution will increase so that the minimum payment made
for superannuation shall be $100.00 from 1 July 2005. The minimum payment made
for superannuation for apprentices/trainees working on the project shall be
$50.00 per week.
(b) The Employers
will make a contribution of $61 per week for each employee into ACIRT or MERT
or other schemes approved by the parties. The employers shall make a
contribution of no less than $40.00 per week for apprentices/trainees working
on the project.
6.2 Top Up/24 Hour
Income Protection Insurance
(a) Each Employer
will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with
the UPLUS scheme or other similar schemes, which are approved by the parties to
this Award.
6.3 Project
Productivity Allowance
(a) Productivity
Allowance
(i) A
productivity payment linked to works completed against the construction program
shall apply to the Project. The Employer will pay a productivity allowance for
employees engaged on the Project of $2.00 per hour for each hour worked on the
Project, in exchange for the observance of this Project Award and the program
milestones detailed in this clause.
(ii) The
productivity allowance will be paid on a flat basis and does not attract any
penalty or premium.
(iii) The Project
Manager will determine whether the Milestones have been achieved in consultation
with the Monitoring Committee. Where there is disagreement on the achievement
of a milestone the matter shall be resolved in accordance with clause 10,
Dispute Resolution.
(b) Payment of the
Productivity Allowance
The parties agree that the Productivity Allowance is
paid only if the Programme Milestones are met and the procedures in the Project
Award are adhered to. The Productivity Allowance will be calculated and paid as
follows:
(i) The Project
Manager will review the progress of the Works in line with the programme and
will verify the achievement of the applicable milestones in consultation with
the Monitoring Committee;
(ii) Where the
relevant milestones are achieved, the performance payment shall be $2.00 per
hour payable for each hour of time worked by Employees;
(iii) Payment shall
be made progressively as part of their weekly wages;
(c) Failure to
achieve Milestones
In the event that a monthly Target is not achieved, the
Monitoring Committee shall meet with the Project Manager to determine:
(i) The reason
why the Target was not achieved;
(ii) The action
required to catch up to the Target;
If a relevant milestone is not achieved, the
productivity allowance will cease being paid. However, if in the following
period work catches up to the program and the relevant program is achieved,
productivity allowance payments will recommence and shall include payments for
the preceding period(s) not paid.
The Monitoring Committee shall be advised monthly or as
needed, by the Project Manager on the status of the Project as measured against
the milestones.
(d) Project
Milestones
The Project Milestone Dates are:
Westmead Hospital
Redevelopment Project
|
Assessment of
Progress
|
|
Project Milestones
|
Date (Monthly)
|
Milestone 1
|
Infill Building
|
14 April 2006
|
Milestone 2
|
Refurbishment of Cancer building
|
14 June 2007
|
Milestone 3
|
Women’s Health and Baby care facilities
|
31 August 2007
|
Milestone 4
|
Renal Services
|
30 June 2008
|
Milestone 5
|
Engineering Services
|
30 June 2008
|
Individual progress within each of the above-mentioned
milestones will be developed with the submittal of the Guarantee Construction
Sum for that particular milestone and will be clearly communicated to the
workers on site.
The Productivity allowance referred to in this clause
is not intended to affect any similar "productivity/site allowance"
otherwise payable under a building award or enterprise agreement as defined. Where it is not explicit, this productivity
allowance is in lieu of the multi-storey allowance and any special rates
allowances payable under the relevant Parent Award.
6.4 Transport
Drivers
(a) Employees -
Rates of Pay
It is further agreed that any Transport Worker carrying
out work relating to the Project will be paid, in addition to his/her Award or
Enterprise Agreement rate of remuneration, any applicable Project productivity
allowance, provided that the driver has had a regular involvement of two (2)
hours or more on any day with the project.
(b) Contract
Carrier
The Parties agree that all Contract Carriers involved
in the Transport Industry shall be paid the rates of pay applicable under the
Transport Industry Excavated Materials Contract Determination for the cartage of
materials to, on and from the site.
(c) GST
Rates paid to contractor’s carriers, including any
applicable project productivity allowance, shall be exclusive of GST. A separate amount equal to 10% of the value
of the remuneration payable shall be paid to the carrier for contracts of
carriage (the GST amount). The total fee payable to the contract carrier shall
be the sum of the remuneration payable and the GST Amount.
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
(a) All Employees
must attend an agreed EHS&R site induction course on commencement of
engagement on site.
(b) All transport
workers involved on the project shall undertake an appropriate Blue Card
Induction Program conducted by a licensed Blue Card Training Provider in
conjunction with the employer and the Transport Workers’ Union.
7.2 Environment,
Health and Safety Plans
(a) All Employers
must submit an environment, health safety and rehabilitation management plan.
These plans should include evidence of:
(i) risk
assessment of their works;
(ii) hazard
identification, prevention and control;
(iii) planning and
re-planning for a safe working environment;
(iv) industry and
trade specific induction of Employees;
(v) monitoring performance
and improvement of work methods;
(vi) reporting of
all incidents/accidents;
(vii) compliance
verification; and
(viii) regular
EHS&R meetings, inspections and audits of the Project.
7.3 The Safety
Committee
(a) The Safety
Committee will be properly constituted with an agreed constitution. All members of the safety committee will
undertake agreed Occupational Health and Safety training with Comet Training or
other agreed providers.
7.4 Safety
Procedures
(a) The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
(b) If the Project
Manager or the Safety Committee is of the opinion that an Employee or Employer
has committed a serious breach of either the Environment Health and Safety
Policy or the relevant safety management plan (or any other agreed safe working
procedures), the Project Manager (or the Project Manager on recommendation from
the Safety Committee) will implement disciplinary action against the Employer
or Employee which may include taking all steps required to remove the Employer
or Employee from the Project.
(b) The Parties
agree that pursuant to the Code of Practice, in the event that an unsafe
condition exists, work is to continue in all areas not affected by that
condition and those employers may direct employees to move to a safe place of
work. No employee will be required to work in any unsafe area or situation.
7.5 OH&S
Industry Induction
No person will be engaged on site unless he/she has
completed the 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 will be
contacted to assess the qualifications of the relevant employee. Further, all
contractors engaged on site to perform work shall fully comply with AS 3610
Formwork for Concrete.
7.7 Temporary
Power/Testing and Tagging
In order to maintain the highest standards of safety in
regard to the use of electricity during construction, it is agreed that the
temporary installation is installed strictly in accordance with AS 3012
(1995). All work is to be carried out
by qualified electrical tradespersons. Testing and tagging is to be carried out
only by qualified electrical tradespersons.
7.8 Crane Safety
No mobile crane will be allowed on the project site
unless it has been certified by Cranesafe Australia (New South Wales). Such
cranes will be required to display their current Cranesafe inspection label.
8. Alcohol & Drug
Procedure
The parties are committed to ensuring that no persons enter
the Project under the influence of alcohol or illegal drugs. The following
points outline key elements of the Company’s approach on the Project:
8.1 Not at Work -
In the interest of Safety no persons will be allowed access to the Project if
under the influence of alcohol or drugs. Thiess, Employees and the Unions will work together to encourage
all persons to work safely and not under the influence, and all will work
together to ensure that any persons that may be under the influence are
identified and not permitted to access the Project.
8.2 Assistance -
Where a person is found to have been under the influence of drugs or alcohol at
work, that person will be provided with assistance and support by their
Employer (for example, support provided through the Building Trades Group of
Unions Drug and Alcohol Program).
8.3 Counselling
and Disciplinary Process - Where a person is found to be under the influence of
drugs or alcohol on the Project the relevant counselling / disciplinary
procedure that applies will be invoked.
8.4 Clear
Communication to All - This position will be clearly communicated to all
persons on the Project. This will
include explanation at the Project Induction, and the display of the procedure
on the Project and/or education on related matters by the Building Trades Group
of Unions Drug & Alcohol Program.
9. Safety Procedures
No Employee will be required to work in or on an unsafe area
or process on the Project. Where a
safety concern has been identified by the safety committee, that may prevent
work from occurring in any area, the safety committee will make recommendations
to management regarding the matter.
Where this involves a cessation of work, work shall cease in the
immediate affected area only. Priority
will be given to rectifying unsafe access areas. If any access areas are unsafe,
Employees will use alternative safe access.
Should an issue arise over whether one or more work areas
are safe or not, or where an area is deemed to be unsafe, the following
procedures shall apply:
9.1 Employees
shall not leave the Project unless directed to do so by their Employer in the
event of an emergency;
9.2 Immediate
inspection of the affected work areas will be carried out by both Thiess and
Employee representatives of the safety committee;
9.3 Thiess in conjunction
with the Safety Committee will select the sequence of inspections of areas;
9.4 The inspection
shall identify the safety rectification work required in each area;
9.5 As safety
rectification work is agreed for each area, all relevant Employees shall
immediately commence such rectification works;
9.6 Upon
verification that such rectification has been completed, normal work will
resume progressively in each area;
9.7 Should any
dispute arise as to the rectification work required to any area, then Thiess
will immediately call the designated WorkCover Authority inspector to recommend
the rectification work.
Nothing in this Clause shall negate or contradict any rights
and or obligations under the Occupational Health and Safety Act 2000.
10. Dispute
Resolution
One of the aims of this Award is to eliminate lost time in
the event of a dispute and to achieve prompt resolution of any dispute.
10.1 Employer
Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employees or their representative
Union, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of the Employer and the Union delegate;
(c) Discussion between
site management representatives of the Employer and the Union organiser;
(d) Discussion
between senior management of the Employer, Thiess and the appropriate Union
official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Thiess NSW
Building Manager (or nominee);
(f) If the
dispute is not resolved after step (e), parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to its powers set out in the Industrial Relations Act 1996
(NSW).
(g) Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
10.2 Project Wide
Disputes
In the event of a dispute or conflict effecting more
than one Employer occurring, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of Thiess and the Union delegate;
(c) Discussion
between site management representatives of Thiess and the Union organiser;
(d) Discussion
between senior management of Thiess and the appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Thiess NSW
Building Manager (or nominee);
(f) If the
dispute is not resolved after step (e), parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to its powers set out in the Industrial Relations Act 1996
(NSW);
(g) Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
10.3 Demarcation Disputes
In the event that a dispute arises which cannot be
resolved between the relevant Unions, the Unions agree to the following dispute
settling procedure:
(a) Work shall
continue without interruption or dislocation during discussion and resolution of
disputes;
(b) Discussion
between the Labor Council of New South Wales and the Unions to try to resolve
the dispute;
(c) If the dispute
is not resolved after step (b), either Union may notify the dispute to the
Industrial Relations Commission of New South Wales and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations Act 1996 (NSW).
10.4 Procedures to
prevent Disputes Regarding Non- Compliance
(a) Thiess in association
with the accredited site union delegate will check monthly payments of
subcontractors companies engaged on site in relation to superannuation,
redundancy and extra insurance to ensure payments for employees have been made
as required. Thiess and the site delegate shall also check that employers have
not introduced arrangements such as and not limited to ‘all-in’ payment and or
‘cash-in-hand’ payments, (i.e. payments designed to avoid tax and other
statutory obligations and sham subcontract arrangements.) Where such practices
are identified Thiess will take immediate steps to ensure that any such
arrangements are rectified and that any Employee affected by any such
arrangement receives all statutory entitlements for the time engaged on the
Project.
(b) Each
subcontractor engaged on site will be specifically advised and monitored in
respect of payroll tax and required to comply with their lawful obligations.
(c) In accordance
with Section 127 of the Industrial Relations Act 1996, Section 175(b) of
the Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll
Tax Act 1971 the principal contractor will obtain all applicable
Sub-Contractors Statements regarding workers’ compensation, payroll tax and
remuneration. A copy of these statements will be available on request to an
accredited trade union officer or site delegate.
(d) The union
delegate or union official shall advise Thiess if they believe the information
which has been provided by any sub-contractor is not correct.
(e) Any dispute
concerning non-compliance shall be resolved in accordance with the dispute
settling procedures of this award.
11. Monitoring
Committee
11.1 The Parties may
establish a committee to monitor the implementation of this Award.
11.2 This Monitoring
Committee if established will meet at the commencement of construction and then
at monthly intervals or as required during construction on the Project.
11.3 The Monitoring
Committee will consider ways in which the aims and objectives of this Award can
be enhanced, which may include, but not be limited to discussion of:
(a) developing
more flexible ways of working;
(b) enhancing
occupational health and safety;
(c) productivity
plans, and
(d) compliance
with Award and other statutory requirements by employers.
11.4 If the
principles of this Award are not being followed, the Committee will develop a
plan in consultation with the Parties, to implement the intent of the Award.
12. Productivity
Initiatives
12.1 Learning
Initiatives
Each Employer shall be required to demonstrate to
Thiess implementation of commitment to skill enhancement and workplace reform
while working on the Project.
12.2 Inclement
Weather
(a) The Parties to
this Award will collectively proceed towards the minimisation of lost time due
to inclement weather.
(b) Further, the
Parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful work is available in that area or site
and that work is within the scope of the Employee’s skill, competence and
training consistent with the relevant classification structures (provided that
the Employer shall provide transport to such unaffected area where necessary);
(iii) Where the
initiatives described in (b) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
(iv) All Parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
(v) The Parties
agree the practice of "one out, all out" will not occur.
12.3 Rostered Days
Off
(a) Subject to
Clause 27 a procedure for the implementation of Rostered Days Off (RDO's) will
be agreed on the Project. The purpose which is to:
(i) increase the
quality of working life for Employees; and
(ii) increase the
productivity of the Project.
(b) A roster of
RDO's will be prepared, following consultation with the workforce and parties
to this Award.
(c) Records of
each Employee’s RDO accruals will be recorded on the employees pay slip and
copies made available to the Employee, the Employee’s delegate or union
official upon request. It is acknowledged that different arrangements in
relation to the banking of RDO's may apply to members of the CEPU.
12.4 Maximising
Working Time
The Parties agree that crib and lunch breaks may be
staggered for Employees so that work does not cease during crib and lunch. There
will be no unreasonable interruption of the comfort of employees having lunch
with the amenities to be maintained in a clean and hygienic state at all times.
12.5 Hours of Work
Ordinary hours of work shall be 8 hours per shift
between 6.00am and 6.00pm Monday to Friday. However, ordinary hours may
commence from 5.00am by agreement between the Employer, Employee and relevant
Union.
13. Immigration
Compliance
13.1 The Parties are
committed to compliance with Australian immigration laws so as to ensure
maximum work opportunities for unemployed permanent residents and Australian
citizens. Employers will be advised by
Thiess of the importance of immigration compliance. Where there is concern that
illegal immigrants are being engaged by an employer on the Project, Thiess will
act decisively to ensure compliance.
13.2 Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorization form attached to this Award as per Appendix
B will assist in providing evidence of the employee’s legal status.
14. Long Service
Compliance
If applicable, and in accordance with the NSW Building
and Construction Industry Long Service Leave Act, no Employee will be
engaged on site unless he or she is a worker registered with the NSW Long
Service Payments Corporation. All
Employers (if applicable) engaged on site will be registered as employers in
accordance with the NSW Building and Construction Industry Long Service
Payments Act and will strictly comply with their obligations.
15. No Extra Claims
The Parties agree that they will not pursue extra claims in
respect of matters covered by this Award (including but not limited to any
claim for a disability allowance) during the term of this Award whether or not
such terms or conditions are prescribed by this Award.
16. No Precedent
The Parties agree not to use this Award as a precedent and
that this Award will in no way create a claim for flow-on of on-site wage rates
and conditions.
17. Single Bargaining
Unit
This Award was negotiated by the Labor Council of New South
Wales on behalf of the Unions and by Thiess in its own right and on behalf of
the Employers.
18. Union Rights
The Parties to this award acknowledge the right of employees
to be active union members and respect the right of the union to organize and
recruit employees. The Parties to this award also acknowledge that good
communication between the union official, the delegate and its members is an
important mechanism in assisting the parties to resolve grievances and disputes
in a timely fashion.
18.1 Visiting Union
Officials
(a) Union
officials (party to this Award) when arriving onsite, shall call at the site
office and introduce themselves to a Management representative of the Employer,
prior to pursuing their union duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant Building Awards, the Occupational Health and Safety Act and
Regulations, and other statutory/legislative obligations for entry to the site.
(c) Union
officials with the appropriate credentials shall be entitled to inspect all
such wage records, other payment records and related documentation necessary to
ensure that the Employers are observing the terms and conditions of this Award.
(d) All such wages
books and other payment records shall be made available within 48 hours on site
or at another convenient, appropriate place, provided notice is given to the
Employers and the Project Manager by the Union.
(e) Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Building Awards, Enterprise Agreements, the Industrial
Relations Act 1996 (NSW), or other Statutory Employer requirements.
18.2 Workplace
Delegates
Definition
In this clause the expression "delegate"
means an employee who is the accredited representative of the Union at an
employer’s work place, and if there is more than one delegate in respect of the
workforce of that employer then the expression "delegate" means each
and every such delegate so accredited by the Union in relation to that
employer’s workforce.
(a) Rights of the
Delegate
(i) The parties
acknowledge it is the sole right of the Union and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the Union at the site.
(ii) The delegate
shall have the right to approach or be approached by any employee of the
employer to discuss industrial matters with that employee during normal working
hours.
(iii) The delegate
shall have the right to communicate with members of the Union in relation to
industrial matters without impediment by the employer. Without limiting the
usual meaning of the expression "impediment", this provision applies
to the following conduct by an employer:
moving a delegate to a workplace or work situation
which prevents or significantly impedes communication with members;
changing a delegate’s shifts or rosters so that
communication with workers is prevented or significantly impeded;
disrupting duly organised meetings.
(iv) The delegate
shall be entitled to represent members in relation to industrial matters at the
workplace, and without limiting the generality of that entitlement is entitled
to be involved in representing members:
at all stages in the negotiation and implementation of
enterprise agreements or awards or other industrial instruments;
the introduction of new technology and other forms of workplace
change;
Career path, reclassification, training issues; and to
initiate discussions and negotiations on any other matters affecting the
employment of members
Ensuring that workers on site are paid their correct
wages, allowances and other lawful entitlements.
To check with relevant industry schemes so as to ensure
that superannuation, long service leave and redundancy has been paid on time.
(v) In order to
assist the delegate to effectively discharge his or her duties and
responsibilities, the delegate shall be afforded the following rights:
the right to reasonable communication with other
delegates, union officials and management in relation to industrial matters,
where such communication cannot be dealt with or concluded during normal breaks
in work;
at least 10 days paid time off work to attend relevant
Union training courses/forums;
paid time off to attend meetings of delegates in the
industry, as authorized by the relevant union.
(vi) The employer of
a delegate shall provide to the delegate the following:
a lockable cabinet for the keeping of records;
a lockable notice board for the placement of Union
notices at the discretion of the delegate;
access to a meeting room;
use of the telephone for legitimate union business;
from existing resources, and when required access to:-
a word-processor, typewriter, or secretarial support at
the workplace;
personal computers (PC), CD ROM, E-mail and the
Internet at the workplace;
a photocopier or facsimile machine.
(vii) There shall be no
deduction to wages where the Union requires a delegate to attend any Court or
Industrial Tribunal proceedings relating to Industrial matters at the
workplace.
19. Australian
Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
and feasible.
20. Protective
Clothing
20.1 Employers will
provide their Employees engaged on site with legally produced Australian made
protective clothing and footwear on the following basis:
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on site and will
be replaced as a result of fair wear and tear, provided they are produced to
the Employer as evidence.
(b) Clothing
Two sets of protective clothing (combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year as a result of fair wear and tear, provided they are produced
to the Employer as evidence.
(c) Jackets
Each person, after accumulated employment on site of
152 hours shall be eligible to be issued with warm bluey jacket or equivalent,
which will be replaced once per calendar year on a fair wear and tear basis.
20.2 In
circumstances where any Employee(s) of Employers are transferred to the project
from another Project where an issue of equivalent clothing was made, then such Employee
shall not be entitled to an issue for this Project until the expiry of the
calendar year or on a fair wear and tear basis.
20.3 Employees who
receive from their Employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the Employer’s policy or relevant industrial
instrument shall not be entitled to the provisions of this clause
20.4 Employers will
consult with the Labor Council of NSW to be provided with a list of Australian
Manufacturers who do not use illegal or exploited labour in the manufacture of
their work clothes.
21. Workers
Compensation and Insurance Cover
21.1 Employers must
ensure that all persons that they engage to work on the project are covered by
workers compensation insurance.
21.2 Thiess will
audit Workers Compensation Certificates of Currency from each Employer engaged
on site to ensure that the wages estimate and tariff declared for the type of
work undertaken is correct. This information will be available to authorised
Union officials on request.
21.3 Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers compensation:
(a) All Employees
will report injuries to the project first aider and their supervisor at the
earliest possible time after the injury.
(b) All Employees
will comply with the requirements for making a workers compensation claim,
including the provision of a Workcover medical certificate, at the earliest
possible time after the injury. This information will also be supplied to the
project first aid officer, and the employee’s supervisor.
(c) In cases where
the Employee is unable to comply with the above, the relevant employer will
assist in fulfilling requirements for making a claim.
21.4 Employers must
ensure that they are aware of and will abide by Sections 63 to 69 of the Workplace
Injury Management and Workers Compensation Act 1998, which provide that:
(a) The Employer
shall keep a register of injuries /site accident book in a readily accessible
place on site;
(b) All Employees
must enter in the register any injury received by the Employee. The Employer
must be notified of all injuries on site immediately. The employer must notify
the insurer within 48 hours of a significant injury;
(c) An Employer
who receives a claim for compensation, must within seven (7) days of receipt,
forward the claim or documentation, to their insurer;
(d) An Employer
who receives a request from their insurer for further specified information must
within seven (7) days after receipt of the request, furnish the insurer with
the information as is in the possession of the Employer or reasonably obtained
by the Employer;
(e) An Employer
who has received compensation money from an insurer shall forward such money to
the person entitled to the compensation within three (3) working days;
21.5 Where there has
been a serious incident and/or accident which has resulted in a serious injury
or loss of life the employer shall notify the relevant union immediately
21.6 The Employer
will also complete the relevant accident notification form and send it to
WorkCover.
22. Apprentices
As part of the Project’s commitment to industry training, a
ratio of one apprentice/ trainee to every five tradespersons within each
Employer’s workforce is to be maintained.
23. Training and
Workplace Reform
The Parties are committed to achieving improvements in
productivity and innovation through cooperation and reform. Employers are
expected to demonstrate their commitment to develop a more highly skilled
workforce by providing their Employees with career opportunities through
appropriate access to training and removing any barriers to the use of skills
acquired.
24. Project Death
Cover
Thiess will guarantee the beneficiary of any employee who
dies as a consequence of working on the project will be paid a death benefit of
$25,000. Such benefit shall be paid
within fourteen (14) days of the production of appropriate documentation. This
payment shall be in addition to any other entitlement that might be paid to the
beneficiary as a consequence of the death of the employee.
25.
Anti-Discrimination
25.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
25.2 This includes
discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
25.3 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with fulfilment of these obligations for the parties to make application to
vary any provision of the Award, which, by its terms of operation, has a direct
or indirect discriminatory effect.
25.4 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an Employee because the Employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
25.5 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
25.6 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
26. Personal/Carers
Leave
26.1 Use of Sick
Leave
(a) An Employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in clause 26.1 (c)(ii) who needs the Employee’s care and
support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, for absences to provide care and
support, for such persons when they are ill. Such leave may be taken for part
of a single day.
(b) The Employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an Employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
a spouse of the Employee; or
A de facto spouse, who, in relation to a person, is a
person of the opposite sex to the first mentioned person who lives with the
first mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
a child or an adult child (including an adopted child,
a step child, a foster child or an ex-nuptial child), parent (including a
foster parent and legal guardian) grandparent, grandchild or sibling of the
Employee or spouse or de facto spouse of the employee; or
a same sex partner who lives with the Employee as the
de factor partner of that Employee on a bona fide domestic basis; or
a relative of the Employee who is a member of the same
household, where for the purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other: and
"household" means a family group living in
the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer prior notice of the intention to
take leave, the name of the person requiring care and that person’s
relationship to the Employee, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the Employee to give
prior notice of absence, the Employee shall notify the Employer by telephone of
such absence at the first opportunity on the day of absence.
26.2 Unpaid Leave
for Family Purpose
An Employee may elect, with the consent of the
Employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in 26.1 (c)(ii) above who is ill.
26.3 Annual Leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays
Act 1944 (NSW), to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph 26.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under this Award.
(c) An Employee and
Employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
26.4 Time-off in
Lieu of Payment for Overtime
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time rate,
that is an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph 26.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with paragraph 26.4(a), the Employee shall be
paid overtime rates in accordance with the award.
26.5 Make-up Time
(a) An Employee
may elect, with the consent of the Employer, to work "make up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award at
the ordinary rate of pay.
(b) An Employee on
shift work may elect, with the consent of the Employer, to work "make up
time" (under which the Employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been
applicable to the hours taken off.
26.6 Rostered days
off
(a) An Employee
may elect, with the consent of the Employer, to take a rostered day off at any
time.
(b) An Employee
may elect, with the consent of the Employer, to take rostered days off in part
day amounts.
(c) An Employee
may elect, with the consent of the Employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the Employer and Employee, or subject to reasonable notice by
the Employee or the Employer.
(d) This subclause
is subject to the Employer informing each Union which is both party to the
Award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the Unions to participate in negotiations.
27. Project
Close-Down Calendar
For the purposes of this Award the Parties agree that the
following calendar will be adopted for the Project. The calendar has been produced
with a view to maximising quality leisure time off for all employees.
Accordingly, the Parties agree that on certain weekends (as set out in the
Calendar), no work shall be carried out.
Provided, however, where there is an emergency or special client
need, work can be undertaken on the weekends and adjacent RDO’s as set out
below, subject to the agreement of the appropriate union secretary or nominee.
In such circumstances reasonable notice (where possible), shall be given to the
union (or union delegate).
SITE CALENDAR 2004
Saturday
|
October 2
|
|
Sunday
|
October 3
|
|
Monday
|
October 4
|
Labor Day Public Holiday
|
Tuesday
|
October 5
|
RDO
|
|
|
|
Saturday
|
December 4
|
|
Sunday
|
December 5
|
|
Monday
|
December 6
|
Union Picnic Day
|
Tuesday
|
December 7
|
RDO (if applicable)
|
SITE CALENDAR 2005
Saturday
|
January 1
|
New Year’s Day
|
Sunday
|
January 2
|
|
Monday
|
January 3
|
New Year’s Day Public Holiday
|
|
|
|
Wednesday
|
January 26
|
Australia Day Public Holiday
|
Thursday
|
January 27
|
RDO
|
Friday
|
January 28
|
RDO
|
Saturday
|
January 29
|
|
Sunday
|
January 30
|
|
|
|
|
Friday
|
March 25
|
Good Friday Public Holiday
|
Saturday
|
March 26
|
|
Sunday
|
March 27
|
Easter Sunday
|
Monday
|
March 28
|
Easter Monday Public Holiday
|
Tuesday
|
March 29
|
RDO
|
|
|
|
|
|
|
|
|
|
Friday
|
April 22
|
RDO
|
Saturday
|
April 23
|
|
Sunday
|
April 24
|
|
Monday
|
April 25
|
Anzac Day Public Holiday
|
|
|
|
Saturday
|
June 11
|
|
Sunday
|
June 12
|
|
Monday
|
June 13
|
Queen’s Birthday Public Holiday
|
Tuesday
|
June 14
|
RDO
|
|
|
|
Saturday
|
October 1
|
|
Sunday
|
October 2
|
|
Monday
|
October 3
|
Labour Day Public Holiday
|
Tuesday
|
October 4
|
RDO
|
|
|
|
Saturday
|
December 3
|
|
Sunday
|
December 4
|
|
Monday
|
December 5
|
Union Picnic Day
|
Tuesday
|
December 6
|
RDO
|
28. Code of Conduct
The Parties to the Project recognise that construction work
is being undertaken within an operational hospital environment. All employees
engaged on the Project must understand that a failure to behave in a
responsible and considerate manner may have a significant adverse impact that
may be detrimental to the Project and the client.
The Code of Conduct for the Project can be found at Annexure
C.
The Code will be clearly communicated to all employees on the
Project. This will include explanation at the site induction and the clear
display of the Code on the Project. The expected behaviour on the Project will
be regularly communicated to all employees during toolbox talks.
Breaching the Code
Breaches of the Code of Conduct will not be tolerated. Where
an allegation that a breach has occurred the Project Manager, or their nominee,
shall investigate the matter. In the instance that an allegation is
substantiated employees shall be dealt with in accordance with the Dispute
resolution clause of this Award. An employee will be removed from the Project
where there have been two (2) substantiated allegations against them.
29. Leave Reserved
The Union Parties to this Award shall have the right to make
application to have the following provision or a provision with similar intent
inserted into the Project Award.
"Notwithstanding subclause 10.4(a) if an employer is
identified as paying his or her employees "all-in payments" then such
payments shall be deemed to be the employees ordinary rate of pay for all
purposes of this Project Award and other industrial instruments which apply to
such employees for the duration of the project. In such circumstances, all
employees of the employer working on the project shall obtain the benefit of
the higher rate of pay plus the conditions of this Project Award."
ANNEXURE A
(PARTIES)
Part 1
EMPLOYERS:
Thiess Pty Ltd
and any subcontractors engaged to work on the Project.
Part 2
UNIONS:
The Labor Council of New South Wales (The Labor Council)
Construction Forestry Mining and Energy Union, New South
Wales Branch
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Electrical Trades Union of Australia (NSW Branch)
Transport Workers Union (TWU)
Automotive Food Metals Engineering Printing & Kindred
Industries Union (also known as AMWU)
ANNEXURE B
Authority to obtain details of
work rights from DIMIA
|
|
|
|
|
EMPLOYEE DETAILS
|
|
|
EMPLOYER/LABOUR SUPPLIER
DETAILS
|
|
|
|
|
As specified in passport or
other identity document)
|
|
|
|
|
Family Name:
|
|
|
Business Name:
|
|
|
|
|
|
|
Given Name(s):
|
|
|
|
|
|
|
|
Business Street Address:
|
Other Name(s) used (e.g.
maiden name):
|
|
|
|
|
|
|
|
|
Date of Birth:
|
|
|
|
|
|
|
Type of Business:
|
Nationality:
|
|
|
|
|
|
|
|
Passport Number:
|
|
|
Name of Contact Person:
|
|
|
|
|
Visa Number:
|
|
|
|
|
|
|
Telephone:
|
Visa Expiry Date:
|
|
|
|
|
|
|
I authorise the Department of Immigration
|
|
Fax:
|
and Multicultural and Indigenous Affairs
|
|
|
(DIMIA) to release the details of my work
|
|
|
rights status (that is, my entitlement to work
|
|
Note that the employee’s work rights status
|
legally in Australia) to the named employer/
|
|
will be sent directly to the fax number given
|
labour supplier and a representative of a
|
|
above. Please ensure that this number is
|
principal contractor and authorised trade
|
|
correct
|
union officer on request.
|
|
|
|
|
|
I understand that these details are held by
|
|
|
DIMIA on departmental files and computer
|
|
|
systems. I also
understand that the employer/
|
|
THE COMPLETED FORM SHOULD BE
|
labour supplier will use this information for
|
|
FAXED TO 1800 505 550
|
the purposes of establishing my legal
|
|
|
entitlement to work in Australia, and for no
|
|
IF ALL DETAILS MATCH WITH OUR
|
other purpose.
|
|
RECORDS, THE EMPLOYEE’S WORK
|
|
|
RIGHTS STATUS WILL BE FAXED TO
|
Employee Signature:
|
|
|
YOU WITHIN ONE WORKING DAY.
|
|
|
|
Date:
|
|
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|
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ANNEXURE C
General Code for Building works
The Code of Conduct will apply to all employees working on
the Project. Building works shall occur
in the vicinity of and within operational areas of the Hospital. As a result of this all employees shall be
required to comply with two different level of behaviour according to what
section of work they are engaged on the Project.
Level 1- General Building works
The following behaviour is unacceptable in all areas of the
Project:
Smoking (unless in designated areas)
Offensive behaviour
Sexual harassment
Display of offensive material
Acting in a manner that may endanger hospital staff,
patients and/or visitors
No parking of vehicles on the site
Level 2- Works occurring in operational areas
In addition to those areas covered in level 1, employees
working in operational areas of the hospital shall be required to:
Read and sign a prohibited employment declaration
Not to use mobile phones within 2 metres of ward devices
Not to use 2 way radio’s within the wards
Dress in an appropriate manner
I. TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.