WESTFIELD DESIGN & CONSTRUCTION PTY LTD LIVERPOOL SHOPPINGTOWN PROJECT AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Master Builders Association of New South Wales, industrial organisation of employers.

 

(No. IRC 512 of 2005)

 

 

AWARD

 

Clause No.          Subject Matter

 

1.         Title

2.         Parties to the Award

3.         Objectives

4.         Definitions

5.         Application

6.         Duration

7.         Industry Standards

8.         Project Productivity Allowance

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

10.       Site Amenities

11.       Hoist Operation

12.       Dispute Resolution

13.       Procedures to Prevent Disputes Regarding Non-Compliance

14.       Productivity Initiatives

15.       Long Service Compliance

16.       Commitment to No Further Claims

17.       Private Treaties

18.       Single Bargaining Unit

19.       Union Rights

20.       Australian Content

21.       Protective Clothing

22.       Workers Compensation and Insurance Cover

23.       Apprentices

24.       Training and Workplace Reform

25.       Accidental Death Cover

26.       Anti-Discrimination

27.       Personal/Carers Leave

28.       Project Calendar

29.       Leave Reserved

30.       Annexure A (Parties)

31.       Annexure B - Authority to obtain details of work rights from DIMA

 

1.  Title

 

1.1        This Award shall be known as the Westfield Design & Construction Pty Ltd Liverpool Shoppingtown Project Award.

 

2.  Parties to the Award

 

2.1        The Parties to this Award are those listed in Annexure A.

 

3.  Objectives

 

3.1        The Parties agree to continue to develop and implement the following objectives in respect of the following key areas on the Project:

 

a           Increase efficiency and productivity;

 

b.         Implementation of forms of work organisation which encourage the use and acquisition of skills and continual learning;

 

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 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.         Encourage all Employees to have Enterprise Agreements with the relevant Union or Unions;

 

q.         The adherence to dispute settlement procedures;

 

r.          Minimize the impact of any industrial action on the Project that may arise out of the negotiation or renegotiation of subcontractors’ industrial agreements.

 

4.  Definitions

 

4.1        "Award" means Westfield Design & Construction Pty Ltd Liverpool Shoppingtown Project Award.

 

4.2        "Employer Name" means Westfield Design & Construction Pty Ltd.

 

4.3        "Employee" means a person engaged by an Employer and who performs work on the Project.

 

4.4        "Employer" means Westfield Design & Construction Pty Ltd and/or any subcontractor engaged by Westfield Design & Construction Pty Ltd to work on the Project.

 

4.5        "Enterprise Agreement" means an agreement certified under the Workplace Relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996 (NSW).

 

4.6        "EHS&R" means Environment, Health, Safety and Rehabilitation.

 

4.7        "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).

 

4.8        "Parties" means the Employers, and the Unions referred to in Annexure A.

 

4.9        "Practical Completion" means the completion of the Project where the building is fit for occupancy and/or purpose as determined by Westfield Design & Construction Pty Ltd’s client.

 

4.10      "Project" means the construction works contracted to Westfield Design & Construction Pty Ltd for the currently proposed redevelopment of the Liverpool Shoppingtown.

 

4.11      "Project Manager" means the Project Manager (Delivery) for the Project appointed by Westfield Design & Construction Pty Ltd from time to time or his nominated representative.

 

4.12      "Safety Committee" means the site Safety Committee formed under the Occupational Health and Safety Act (NSW) 2000.

 

4.13      "Unions" means each of the Unions listed in Part 2 of Annexure A.

 

4.14      "Unions NSW" means the Labor Council of NSW.

 

5.  Application

 

5.1        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.

 

5.2        Where Westfield Design & Construction Pty Ltd 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.

 

5.3        This Award shall in no way create a claim for flow-on of site wages rates and conditions provided for in this Award to Employees engaged in off-site manufacturing, fabrication or other industries, associated with Contractors and or Sub-Contractors involved with the Project.

 

5.4        The Parties also acknowledge and agree that the terms of this Award form part of the tender conditions for work on this Project.

 

5.5        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.

 

5.6        It is recognised that this Award is not intended to extend the traditional coverage of the Union Parties nor is it intended to cover works not within the scope of works given to Westfield Design & Construction by their client.

 

6.  Duration

 

6.1        This Award shall operate on and from 17th February 2005 until Practical Completion.

 

7.  Industry Standards

 

7.1        Superannuation and Redundancy

 

a.          The Parties acknowledge that a contribution of $100.00 week or 9% of ordinary time earnings (whichever is the greater) will be made to the superannuation fund nominated in the relevant industrial instrument being CBUS; NESS; STA, TWU, EISS or other schemes approved by the Parties. This contribution will increase so that the minimum payment made for superannuation shall be $110.00 per week from 1 June 2005 and $115.00 per week from 1 June 2006.

 

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 $61.00 per week into ACIRT or MERT or other schemes approved by the Parties. The Employer shall make a contribution of no less than $40.00 per week for apprentices / trainees working on the Project. This contribution will increase so that the minimum payment shall be $71.00 per week from 1 September 2005 and $46.00 per week for apprentices.

 

7.2        Top Up/24 Hour Income Protection Insurance

 

Each Employer will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with the UPLUS scheme, Chiffley Electrical Top Up or other similar schemes, which are approved by the Parties to this Award.

 

8.  Project Productivity Allowance

 

8.1        Provided the clauses of this Award are adhered to, Westfield Design & Construction Pty Ltd and its Sub-Contractors shall pay to workers on site (except as provided by Clause 8.2) and subject to the application of this Award, a Project productivity allowance of $2.00 per hour.  This allowance will be paid on an hours worked basis only, and will not attract any premium or penalty.  This allowance is a payment made in recognition of the need for every subcontract company on site to work in partnership to ensure realisation of Project objectives.

 

Further, the Project Productivity Allowance referred to in this clause is not intended to affect any allowances otherwise payable under a Building Award or Enterprise Agreement as defined in Clause 4.5.

 

8.2        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 Award 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.

 

In the case of a dispute work shall continue in accordance with the dispute settlement procedure(s) of this Award.

 

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.

 

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

 

9.1        Induction

 

a.          All Employees must attend an EHS&R site induction course which complies with the OH&S Regulation 2001 (NSW) 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.

 

9.2        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.

 

9.3        The Safety Committee

 

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 or other accredited Workcover Authority providers.

 

9.4        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 Safety and Rehabilitation 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 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. No Employee will leave the Project subject to Clause 10 of this Award.

 

9.5        OH&S Industry Induction

 

No person will be permitted to start work on site unless he/she has completed the WorkCover NSW Accredited OH&S Industry Induction Course.

 

9.6        Formwork Safety

 

All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover Formwork Certificate of Competency.  Where an Employee does not have a Certificate of Competency, Comet or another Workcover Authority accredited provider 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.

 

9.7        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 electrical installation is installed strictly in accordance with AS 3012 (1995).  All work is to be carried out or supervised by qualified electrical tradesperson(s).  Testing and tagging is to be carried out only by qualified electrical tradesperson.

 

9.8        Smoke Free Zones

 

The Parties agree in an effort to minimise the affects and discomfort caused by smoking that Westfield Shopping Centres and the Accommodation, Amenity and Site Office areas shall be strictly non-smoking zones.

 

9.9        First Aid

 

First aid requirements shall be maintained in accordance with the relevant Legislation and Regulations applying to the Occupational Health and Safety Act.

 

9.10      Crane Safety

 

No mobile crane will be allowed on the Project site unless it has been certified by Cranesafe Australia (New South Wales). Such cranes will be required to display their current Cranesafe inspection label and RTA registration.

 

10.  Site Amenities

 

10.1      Amenities on the Project will comply at least with the provisions of the WorkCover Amenities Code of Practice as well as having reference to industry standards.

 

11.  Hoist Operation

 

11.1      The Parties agree that where the personnel hoist(s) provided on the Project cease(s) to work or break(s) down, as a temporary measure Employees will be required to access their relevant work areas subject to safety considerations including safe access via stairs provided. Under these circumstances, and in consultation with the site Safety Committee and/or site Union delegate, Employees will be expected to access their relevant work areas without unreasonable restriction.

 

12.  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.

 

12.1      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, Westfield Design & Construction Pty Ltd Project Manager and the appropriate Union official;

 

e.          Discussion between the Secretary of the relevant Union (or nominee) and Westfield Design & Construction Pty Ltd Project 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 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.

 

12.2      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 Westfield Design & Construction Pty Ltd and the Union delegate;

 

c.          Discussion between site management representatives of Westfield Design & Construction Pty Ltd and the Union organiser;

 

d.         Discussion between senior management of Westfield Design & Construction Pty Ltd and the appropriate Union official;

 

e.          Discussion between the Secretary of the relevant Union (or nominee) and Westfield Design & Construction Pty Ltd Project 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 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.

 

12.3      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 Unions NSW and the Unions to try to resolve the dispute;

 

c.          If the dispute is not resolved after step (ii), 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).

 

13.  Procedures to Prevent Disputes Regarding Non-Compliance

 

13.1      Westfield Design & Construction, 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. Westfield Design & Construction 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 Westfield Design & Construction 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.

 

13.2      Each subcontractor engaged on site will be specifically advised and monitored in respect of payroll tax and required to comply with their lawful obligations.

 

13.3      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.

 

13.4      The Union delegate or Union official shall advise Westfield Design & Construction if they believe the information which has been provided by any sub-contractor is not correct.

 

13.5      Any dispute concerning non-compliance shall be resolved in accordance with the dispute settling procedures of this Award.

 

14.  Productivity Initiatives

 

14.1      Learning Initiatives

 

Each Employer shall be required to demonstrate to Westfield Design & Construction Pty Ltd implementation of commitment to skill enhancement and workplace reform while working on the Project.

 

14.2      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 (ii) 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;

 

vi.        If it is necessary to walk through inclement areas in order to make areas safe, appropriate protection will be provided;

 

vii.       It if is necessary to walk through inclement areas in order to get to agreed working areas, appropriate protection will be provided;

 

viii.      Should a portion of the Project be affected by inclement weather, all other Employees not so affected shall continue working regardless of the fact that some Employees may not be gainfully employed due to inclement weather.

 

14.3      Rostered Days Off

 

a.          Subject to Clause 30 a procedure for the implementation of Rostered Days Off (RDO's) will be agreed on the Project.  The purpose of this roster is to:

 

i.          increase the quality of working life for Employees;

 

ii.         increase the productivity of the Project; and

 

iii.        increased flexibility for the Project.

 

b.         The Parties agree that the taking of RDO’s may be altered in order to improve productivity by exercising a more flexible arrangement in respect of Employees taking a RDO being distributed during the twenty (20) day work cycle.  This will enable the Project to work productively on those days scheduled as industry rostered days off.

 

The banking of RDO’s (to a maximum of five (5) days) may also be undertaken by the agreement so as to include for peak production times;

 

c.          A roster of RDO’s will be prepared, following consultation with the workforce and Parties to the Award;

 

d.         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;

 

e.          Where agreement is reached between the Contractor, or Sub-Contractor/s and the majority of its Employees on the Project, an alternative day is substituted for the programmed RDO all provisions of the Award shall apply as if such day were the programmed RDO and the originally programmed RDO shall be regarded as a normal working day.

 

14.4      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.

 

14.5      Hours of Work

 

The ordinary hours of work shall be 8 hours per shift between 6.00AM and 6.00pm Monday to Friday. Upon agreement being reached between the Employer, Employee and relevant Union, the ordinary hours work may be varied so as to commence from 5.00am with consequent meal and finishing times adjusted during the application of daylight saving time.

 

14.6      Site Drug and Alcohol Policy

 

Under no circumstances will any Employee affected by alcohol or any drug be permitted to work on the Project.

 

Further, the Parties agree that no alcohol will be permitted on the construction site and reference to the Building Trade Group of Unions Drug and Alcohol policy will be made in the resolution of any related issues.

 

14.7      Site Meetings

 

The Parties recognise the Unions’ right to hold meetings with its members in accordance with each Sub-Contractors’ Enterprise Bargaining Awards (where applicable). A minimum of 48 hours notice shall be given for any proposed meetings to Westfield Design & Construction Pty Ltd, where practicable.

 

Prior to any Union Official attending site, the Union Official shall report to Westfield Design & Construction Pty Ltd’s Site Management’s Office.

 

The Parties agree, however, there will be no automatic payment for any stop work meeting, but recognise the need for communication meetings.

 

14.8      Immigration Compliance

 

a.          The Parties are committed to compliance with Australian immigration laws so as to ensure maximum work opportunities for unemployed permanent residents and Australian citizens.

 

b.         Employers will be advised by Westfield Design & Construction Pty Ltd of the importance of immigration compliance.  Where there is concern that illegal immigrants are being engaged by an Employer on the Project, Westfield Design & Construction will act decisively to ensure compliance.

 

c.          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 Annexure B will assist in providing evidence of the Employee’s legal status.

 

15.  Long Service Compliance

 

15.1      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.

 

16.  Commitment to No Futher Claims

 

16.1      The Parties acknowledge that an important ingredient of sound employee relations on a construction Project is stability and predictability. They have therefore devoted considerable time to examining the nature and scope of the Project, its particular features and circumstances and the issues, which require discussion and resolution between the Parties.

 

a.          No Extra Claims

 

As a result of this approach the Parties agree that they will not pursue any extra claims in respect of matters covered by this Award (including but not limited to any clause for a disability allowance) during the term of this Award.

 

b.         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.  Private Treaties

 

17.1      The Parties are aware of the convention of some Employers in the industry making payments to their Employees in excess of the relevant parent awards by private treaty for incentive purposes or for the purpose of attracting labour.  Nothing in this provision presents an endorsement of sham sub-contract arrangements or sham all-in-payments.

 

17.2      Parties to this Award will not seek to increase the terms of this Award as result of any private treaty as described above.  They will not seek to obtain any redress from Westfield Design & Construction Pty Ltd or intervene in any way as a result of such a treaty providing that such Sub-Contractors comply with the other terms of this Award where applicable.

 

17.3      Further, the signatories to this Award will not seek to flow-on the conditions of any private treaty to any other Sub-Contractor/Employee engaged on the Project.

 

18.  Single Bargaining Unit

 

18.1      This Award was negotiated by Unions NSW on behalf of the Unions, and by Westfield Design & Construction Pty Ltd in its own right and on behalf of the Employers.

 

19.  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 organise and recruit Employees.  The Parties to this Award also acknowledge that good communication between the Union official, the delegate and its members is an important mechanism in assisting the Parties to resolve grievances and disputes in a timely fashion.

 

19.1      Visiting Union Officials

 

a.          Where practicable, Union officials (party to this Award) when arriving onsite, shall call at the site office and introduce themselves to a Management representative of the Employer, prior to pursuing their Union duties.

 

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

 

c.          Union officials with the appropriate credentials shall be entitled to inspect all such wage records, other payment records and related documentation necessary to ensure that the Employers are observing the terms and conditions of this Award.

 

d.         All such wages books and other payment records shall be made available within 48 hours on site or at another convenient, appropriate place, provided notice is given to the Employers and the Project Manager by the Union.

 

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

 

19.2      Workplace Delegates

 

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 Awards 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;

 

paid time off work to attend relevant Union training courses/forums;

 

up to 10 days paid time off to attend meetings of delegates in the industry, as authorized by the relevant Union.

 

vi.        The Employer of a delegate shall provide to the delegate the following:

 

a lockable cabinet for the keeping of records;

 

a lockable notice board for the placement of Union notices at the discretion of the delegate;

 

where practicable, i.e. on large sites, a Union office;

 

where a Union office room is not practicable, access to a meeting room;

 

use of the telephone for legitimate Union business;

 

from existing resources, and when required access to:-

 

a word-processor, typewriter, or secretarial support at the workplace;

 

to personal computers (PC), CD ROM and 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.

 

19.3      Union Membership

 

Properly accredited officials and workplace representatives of the Union shall have the right, in accordance with law, to be provided with appropriate access to Employees to promote the benefits of Union membership.

 

To assist in this process the Employer shall:

 

a.          If requested by the Employee in writing, provide payroll deduction services for Union fees. Such fees shall be remitted to the Union on a monthly basis with enough information supplied to enable the Union to carry out a reconciliation;

 

b.         Provide the Union with access to talk to new Employees;

 

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

 

20.  Australian Content

 

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

 

21.  Protective Clothing

 

21.1      Unless otherwise set out in individual EBA’s 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 on a 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 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 warm bluey jacket or equivalent, which will be replaced once per calendar year on a fair wear and tear basis.

 

21.2      In circumstances where any Employee(s) or 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.

 

21.3      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 manufacturing of their work clothes.

 

21.4      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.

 

21.5      Notwithstanding anything else contained in this clause all Transport Employees/Contractors will be supplied with Safety Footwear, 1 set of Clothing and 1 Jacket prior to the commencement of work at the site. However the Company does not need to supply the above if the said Employee/Contractor has been issued with the clothing by the Principal Contractor within the previous twelve (12) months and the Principal Contractor can substantiate that fact.

 

22.  Workers Compensation and Insurance Cover

 

22.1      Employers must ensure that all persons that they engage to work on the Project are covered by workers compensation insurance.

 

22.2      Westfield Design & Construction Pty Ltd 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.

 

22.3      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.

 

22.4      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.

 

22.5      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.

 

22.6      The Employer will also complete the relevant accident notification form and send it to WorkCover.

 

23.  Apprentices

 

23.1      As part of the Employer’s commitment to industrial training, a ratio of one apprentice/trainee to every five tradesperson within each Employer’s workforce is to be maintained.

 

24.  Training and Workplace Reform

 

24.1      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.

 

25.  Accidental Death Cover

 

25.1      In addition to other payments provided by this Award, Westfield Design & Construction Pty Ltd will pay a $25,000 mortality payment, to the family or other nominated beneficiaries of any worker who dies as a result of a site accident or injury, or on their normal journey to and from the site.

 

25.2      This payment shall be in addition to any other entitlement that might be paid to the family or beneficiaries as a consequence of the death of the Employee.

 

26.  Anti-Discrimination

 

26.1      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.

 

26.2      This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.

 

26.3      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.

 

26.4      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.

 

26.5      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.

 

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

 

27.  Personal/Carers Leave

 

27.1      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 27.1 (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 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.

 

27.2      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 27.1 (c)(ii) above who is ill.

 

27.3      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 27.3(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.

 

27.4      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 27.4(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 27.4(a), the Employee shall be paid overtime rates in accordance with the Award.

 

27.5      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.

 

27.6      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.

 

28.  Project Calendar

 

28.1      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 the following weekends (as set out in the Calendar), no work shall be carried out.

 

28.2      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/her nominee. In such circumstances reasonable notice (where possible), shall also be given to the Union secretary.

 

28.3      Site Calendar 2005

 

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

 

28.5      Site Calendar 2006

 

The Parties shall agree to a Project Site Calendar for 2006 consistent with the Industry calendar between the Parties and the MBA. The site calendar shall follow the same principles as those established for the 2005 calendar.

 

29.  Leave Reserved

 

The Union Parties to this Award shall have the right to make application to have following provision or a provision with similar intent inserted into the Project Award.

Notwithstanding subclause 13.1if 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.

 

30.  Annexure A (Parties)

 

30.1      Part 1

 

Employer:

 

Westfield Design & Construction Pty Ltd and any subcontractors contracted by Westfield Design & Construction Pty Ltd to work on the Project.

 

30.2      Part 2

 

Unions:

 

Unions NSW

 

Construction Forestry Mining 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)

 

Transport Workers Union (TWU)

 

Automotive Food Metals Engineering Printing & Kindred Industries Union (also known as AMWU).

 

31.  Annexure B - Authority to obtain details of work rights from DIMA

 

 

 

 

M. J. WALTON  J, Vice-President.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.