WESTFIELD DESIGN & CONSTRUCTION PTY LTD PARRAMATTA 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 514 of 2005)
Before The Honourable
Justice Walton, Vice-President
|
23 February 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
1. Title
1.1 This
Award shall be known as the Westfield Design & Construction Pty Ltd
Parramatta 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 Parramatta 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 (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 Parramatta 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 30th September 2004 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 $1.00 per hour from the date of commencement of the
Project until 31 December 2004 and $2.00 per hour from 1st January 2005 until
Practical Completion of the Project. 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 2000.
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 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 (RDOs) 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 Further 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:
b. 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
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)
|
28.4 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
|
28.5 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
|
|
Employee Details
|
|
Employer/Labour Supplier Details
|
(As specified in passport or
other identify
|
|
|
|
document)
|
|
|
|
|
|
|
|
Family Name:
|
|
|
Business Name:
|
|
|
|
|
|
|
|
Given Name(s):
|
|
|
|
|
|
|
|
|
|
Other Name(s) used (eg maiden
name)
|
|
|
|
|
|
Business Street Address
|
|
|
|
|
|
Date of Birth:
|
|
|
|
|
|
|
Nationality:
|
|
|
|
|
|
|
Passport Number:
|
|
|
|
|
|
|
Visa Number:
|
|
|
Type of Business
|
|
|
|
Visa Expiry Date:
|
|
|
|
|
|
|
I authorise the Department of
Immigration and
|
|
|
Multicultural Affairs (DIMA)
to release the
|
|
|
details of my work rights
status (that is, my
|
|
|
|
entitlement to work legally
in Australia) to the
|
|
Name of Contact Person:
|
employer/labour supplier named
on this form.
|
|
|
|
|
|
|
I understand that these
details are held by DIMA
|
|
Telephone:
|
|
on departmental files and
computer systems. I
|
|
|
|
also understand that the
employers/labour
|
|
Fax:
|
|
supplier will use this
information for the purpose
|
|
|
|
of establishing my legal
entitlement to work in
|
|
Note that the employee's work
rights status will be
|
Australia, and for no other
purpose.
|
|
sent directly to the fax
number given below. Please
|
|
|
ensure that this number is
correct.
|
Employee Signature:
|
|
|
|
|
|
|
|
The completed form should be
faxed to
|
Date:
|
|
|
1800 505 550
|
|
|
|
|
If all details match with our
records, the employee's work rights status will be faxed to you within one
working
|
day.
|
|
|
|
|
|
|
|
|
|
|
|
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.