BAULDERSTONE HORNIBROOK PTY LTD PROJECT AWARD - TWIN TOWNS - HARBOUR
TOWER 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Baulderstone
Hornibrook Pty Ltd for a new award.
(No. IRC 786 of 2005)
Before The Honourable
Justice Walton, Vice-President
|
7 March 2005
|
AWARD
Arrangement
Clause No. Subject Matter
1. Objectives
2. Definitions
3. Application
4. Duration
5. Industry
Standards
5.1 Superannuation and Redundancy
5.2 Top Up/24 Hour Income Protection Insurance
5.3 Project Productivity / Site Allowance
6. Environment,
Health, Safety and Rehabilitation (EHS&R)
6.1 Induction
6.2 Environment, Health and Safety Plans
6.3 The Safety Committee
6.4 Safety Procedures
6.5 OH&S Industry Induction
6.6 Formwork Safety
6.7 Temporary Power/Testing and Tagging
6.8 Crane Safety
7. Dispute
Resolution
7.1 Employer and Project Wide Specific Disputes
7.2 Demarcation Disputes
7.3 Procedures to prevent Disputes Regarding Non-Compliance
8. Monitoring
Committee
9. Productivity
Initiatives
9.1 Inclement Weather
9.2 Rostered Days Off
9.3 Maximising Working Time
9.4 Hours of Work
10. Immigration
Compliance
11. Long
Service Compliance
12. No Extra
Claims
13. No
Precedent
14. Union
Rights
14.1 Visiting Union Officials
14.2 Rights of the Project Delegate
14.3 Union Membership
15. Australian
Content
16. Protective
Clothing
17. Workers
Compensation and Insurance Cover
18. Apprentices
19. Training
and Workplace Reform
20. Project
Death Cover
21. Anti-Discrimination
22. Personal/Carers
Leave
22.1 Use of Sick Leave
22.2 Unpaid Leave for Family Purposes
22.3 Annual Leave
22.4 Time-off in Lieu of Payment for Overtime
22.5 Make-up Time
22.6 Rostered days off
23. Project
Close-Down Calendar
24. Leave Reserved
Annexure A (Parties)
Annexure B -
Authority to obtain details of work rights from DIMIA
1. Objectives
The Parties agree to continue to develop and implement the
following objectives in respect of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued development
of communication processes, which facilitate participation by all Employers,
Employees and Unions
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees.
(g) Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Improved wages
and conditions for all employees working on the project;
(n) Increased
leisure time for employees by eliminating excessive hours of work.
(o) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships.
(p) Adoption of a
co-operative and non-adversarial approach to Industrial Relations issues.
(q) Commitment to
positive project outcomes including completion within Budget.
(r) Commitment to
the NSW Government Code of Practice for the Construction Industry.
2. Definitions
"Award" means this "Baulderstone Hornibrook
Pty Ltd Project Award - Twin Towns - Harbour Tower 2005" made between the
Parties.
"Builder" means Baulderstone Hornibrook Pty Ltd of
40 Miller St North Sydney 2059.
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means Baulderstone Hornibrook Pty Ltd
and/or any subcontractor engaged by Baulderstone Hornibrook Pty Ltd to work on
the Project.
"Enterprise Agreement" means an agreement
certified under the Workplace Relations Act 1996 (Cth), or approved
under either the Industrial Relations Act 1996 (NSW) or Queensland
Industrial Relations Act 1999.
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Monitoring Committee" means the committee
established under clause 10 of this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Project" means the construction works contracted to
Baulderstone Hornibrook Pty Ltd for the Twin Towns - Harbour Tower located at
Tweed Heads.
"Project Manager" means the Project Manager
appointed by Baulderstone Hornibrook Pty Ltd from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"Unions" means each of the Unions listed in Part 2
of Annexure A.
3. Application
This Award will only apply to work done on the Project by
the Employees for the period the Employer engages the Employees to work on the
Project.
Where Baulderstone Hornibrook Pty Ltd engages
sub-contractor/s to carry out works on the project, it shall make it a
condition of any contract that it enters into with its sub-contractor/s that
they will not employ or otherwise engage persons on wages and conditions, which
are less favourable than those set out in this Project Award.
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, Unions NSW and the Unions,
to manage those issues on the Project which affect more than one Employer.
4. Duration
This Award shall operate on and from 9 August 2004 until
practical completion is achieved.
5. Industry Standards
5.1 Superannuation
and Redundancy
(a) Each Employer
will pay on behalf of each of its employees working on the Project a
superannuation contribution of 9% of the employee’s ordinary time earnings, or
a minimum of $100 per week whichever is the greater, to the superannuation fund
nominated in the relevant industrial instruments eg C+BUS or such other scheme
approved by the parties.
(b) Each Employer
will make a redundancy contribution on behalf of each of its employees working
on the Project of not less then $61 per week into ACIRT or BERT or other
schemes approved by the parties. Such redundancy contributions will be off-set
against the Employers applicable industrial instrument obligations.
(c) The "Superannuation
and Redundancy Scheme" contribution rates for Apprentices are provided for
in Clause 18 Apprentices.
5.2 Top Up/24 Hour
Income Protection Insurance
Each Employer will provide Workers Compensation
Top-Up/24 Hour Income Accident Insurance with the U PLUS scheme or other
similar schemes, which are approved by the Parties to this Award.
5.3 Project
Productivity/Site Allowance
(a) Where an
Employer has a NSW Enterprise Agreement in place, the Employer will pay the
Project Site Allowance for persons engaged on the Project of $1.85 Site
Allowance per hour plus Height Allowance (as contained in the relevant Parent
Award), in addition to the productivity allowance found in NSW. Employer’s
Enterprise Agreement.
(b) Where an
Employer has a Queensland Enterprise Agreement in place, the Employer will pay
the (Queensland EBA) Project Site Allowance/Height Allowance for persons
engaged on the Project of $1.85 per hour for Site Allowance plus Height
Allowance (As contained in the relevant Parent Award) for each hour worked on
the project.
(c) Where an
Employer does not have an Enterprise Agreement in place and is paying the award
rates of pay as defined in the applicable industrial instrument the Project
Allowance for persons engaged on the project will be $4.00 for each hour worked
on the Project, plus the $1.85 Site Allowance per hour plus the applicable
Height Allowance.
(d) The Project
Productivity/Site Allowance shall be in lieu of all Special Rates with the
exception of the following:
(i) Heavy Block
Rate
(ii) Explosive
Power Tool
(iii) Toxic
Substances and Toxic Fumes
(iv) Swing Scaffold
(v) Formwork
Certificate Allowance of $0.30 per hour
(e) Transport
Drivers
It is further agreed that any Transport Drivers carrying
out work relating to the Project will be paid, in addition to his/her Award or
Enterprise Agreement rate of remuneration, the Project Productivity/Site
Allowance set out in sub-clause 6.3 provided the driver has had a regular
involvement of two hours or more on any day with the Project.
(f) 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.
6. Environment,
Health, Safety and Rehabilitation (EHS&R)
6.1 Induction
All Employees must attend an agreed EHS&R site
induction course on commencement of engagement on site.
6.2 Environment,
Health and Safety Plans
All Employers must submit an environment, health safety
and rehabilitation management plan. These plans should include evidence of:
risk assessment of their works;
hazard identification, prevention and control;
planning and re-planning for a safe working
environment;
industry and trade specific induction of Employees;
monitoring performance and improvement of work methods;
reporting of all incidents/accidents;
compliance verification; and
Regular EHS&R meetings, inspections and audits of
the Project.
6.3 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 Training or other
agreed providers.
6.4 Safety
Procedures
(a) The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
(b) If the Project
Manager or the Safety Committee is of the opinion that an Employee or Employer
has committed a serious breach of either the Environment Health and Safety
Policy or the relevant safety management plan (or any other agreed safe working
procedures), the Project Manager (or the Project Manager on recommendation from
the Safety Committee) will implement disciplinary action against the Employer
or Employee which may include taking all steps required to remove the Employer
or Employee from the Project.
(c) The Parties
agree that pursuant to the Code of Practice, in the event that an unsafe
condition exists, work is to continue in all areas not affected by that
condition and those employers may direct employees to move to a safe place of
work. No employee will be required to work in any unsafe area or situation.
(d) Where an
unsafe condition has been agreed by the Safety Committee, corrective action
will be implemented immediately. Works will not recommence in this area until
the rectification works have been accepted, by both the Safety Committee and
the Project Manager.
(e) Any disagreement
as to the proper rectification of an unsafe condition shall be referred to a
Work Cover Inspector whose determination shall be binding on all parties.
6.5 OH&S
Industry Induction
No person will be engaged on site unless he/she has
completed the WorkCover NSW Accredited OH&S Industry Induction Course.
6.6 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 an agreed
appropriate authority will be contacted to assess the qualifications of the
relevant employee.
6.7 Temporary
Power/Testing and Tagging
In order to maintain the highest standards of safety in
regard to the use of electricity during construction, it is agreed that the
temporary installation is installed strictly in accordance with AS 3012 (1995).
All work is to be carried out by qualified electrical tradesperson. Testing and
tagging is to be carried out only by qualified electrical tradesperson.
6.8 Crane Safety
Any mobile crane utilised on the project is to carry
appropriate registration and be fit for purpose. Where a dispute arises
regarding the safety of a mobile crane on the project the parties may seek the
assistance of either the local WorkCover inspector, or Cranesafe Australia (New
South Wales) where a certified assessor is locally based.
7. 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.
7.1 Employer and
Project Wide Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employees or their representative
Union, in the absence of an "Enterprise Agreement" provision, the
following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of the Employer and the Union delegate;
(c) Discussion between
site management representatives of the Employer and the Union organiser;
(d) Discussion
between senior management of the Employer, Baulderstone Hornibrook Pty Ltd and
the appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and senior
representatives of Baulderstone Hornibrook Pty Ltd (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.
7.2 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 (b), either Union may notify the dispute to the
Industrial Relations Commission of New South Wales and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations Act 1996 (NSW).
7.3 Procedures to
prevent Disputes Regarding Non- Compliance
(a) Baulderstone
Hornibrook in association with the accredited site union delegate will check
monthly payments of subcontractors’ companies engaged on site superannuation,
redundancy and extra insurance to ensure payments for employees have been made
as required. Baulderstone Hornibrook 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 Baulderstone Hornibrook will take immediate steps to
ensure that any such arrangements are rectified and that any Employee affected
by any such arrangement receives all statutory entitlements.
(b) Each
subcontractor engaged on site will be specifically advised and monitored in
respect of payroll tax and required to comply with their lawful obligations.
(c) In accordance
with Section127 of the Industrial Relations Act 1996, Section 175(b) of
the Workers’ compensation Act 1987 or Part 5B s1G-31J of the Payroll
Tax Act 1971 the principal contractor will obtain all applicable Sub-Contractors
Statements regarding workers’ compensation, payroll tax and remuneration. A
copy of these statements will be available on request to an accredited trade
union officer or site delegate.
(d) The union
delegate or union official shall advise Baulderstone Hornibrook if they believe
the information, which has been provided by the subcontractor, is not correct.
(e) Any dispute
concerning non-compliance shall be resolved in accordance with the dispute
settling procedures of this award.
8. Monitoring
Committee
(a) The Parties
will establish a committee to monitor the implementation of this Award.
(b) This
Monitoring Committee if established will meet at the commencement of
construction and then at three monthly intervals or as required during construction
on the Project.
(c) The Monitoring
Committee will consider ways in which the aims and objectives of this Award can
be enhanced, which may include, but not be limited to discussion of:
a. Progression
towards and achievement of set project milestones;
b. Developing
more flexible ways of working;
c. Enhancing
occupational, health and safety;
d. Productivity
plans, and
e. Compliance
with Award and other statutory requirements by employers.
f. Constitution
and composition of the Monitoring Committee
(d) If the
principles of this Award are not being followed, the Committee will develop a
plan in consultation with the Parties, to implement the intent of the Award.
9. Productivity
Initiatives
9.1 Inclement
Weather
The Parties to this Award will collectively proceed
towards the minimisation of lost time due to inclement weather.
Further, the Parties are bound to adopt the following
principles with regard to inclement weather and idle time created by inclement
weather:
(a) Adoption of a reasonable
approach regarding what constitutes inclement weather;
(b) 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);
(c) Where the
initiatives described in (b) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
(d) All Parties
are committed to an early resumption of work following any cessation of work
due to inclement weather;
(e) The Parties
agree the practice of "one out, all out" will not occur.
9.2 Rostered Days
Off
The implementation of Rostered Days Off (RDOs) is set
down in clause 25. The purpose which is to:
a. Increase the
quality of working life for Employees; and
b. Increase the
productivity of the Project.
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.
9.3 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.
9.4 Hours of Work
Ordinary hours of work shall be 8 hours per shift
between 6.00am and 6.00pm Monday to Friday. However, ordinary hours may
commence from 5.00am by agreement between the Employer, Employee and relevant
Union.
10. Immigration
Compliance
The Parties are committed to compliance with Australian
immigration laws so as to ensure maximum work opportunities for unemployed
permanent residents and Australian citizens. Employers will be advised by
Baulderstone Hornibrook Pty Ltd of the importance of immigration compliance.
Where there is concern that illegal immigrants are being engaged by an employer
on the Project, Baulderstone Hornibrook Pty Ltd will act decisively to ensure
compliance.
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.
11. Long Service
Compliance
If applicable, and in accordance with the NSW Building
and Construction Industry Long Service Leave Act, no Employee will be
engaged on site unless he or she is a worker registered with the NSW Long
Service Payments Corporation. All Employers (if applicable) engaged on site
will be registered as employers in accordance with the NSW Building and
Construction Industry Long Service Payments Act and will strictly comply
with their obligations.
12. No Extra Claims
The Parties agree that they will not pursue extra claims in
respect of matters covered by this Award (including but not limited to any
claim for a disability allowance) during the term of this Award.
13. 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.
14. Union Rights
The Parties to this award acknowledge the right of employees
to be active union members and respect the right of the union to organize and
recruit employees. The Parties to this award also acknowledge that good
communication between the union official, the delegate and its members is an
important mechanism in assisting the parties to resolve grievances and disputes
in a timely fashion.
14.1 Visiting Union
Officials
(a) Union officials
(party to this Award) shall when arriving onsite, call at the site office and
introduce themselves to the Baulderstone Hornibrook Pty Ltd Project Manager
prior to pursuing their union duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant Building Awards, the Occupational Health and Safety Act and
Regulations, and other statutory/legislative obligations for entry to the site.
(c) Union officials
with the appropriate credentials shall be entitled to inspect all such wage
records, other payment records and related documentation necessary to ensure
that the Employers are observing the terms and conditions of this Award.
(d) All such wages
books and other payment records shall be made available within 24 hours on site
or at another convenient, appropriate place, provided the Union gives notice to
the Employers and the Project Manager.
(e) Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Building Awards, Enterprise Agreements, the Industrial
Relations Act 1996 (NSW), or other Employer Statutory requirements.
(f) Where it is
felt necessary by an officer of the union to call a meeting of union members,
the Company will be advised prior to doing so and a mutually agreeable meeting
time shall be determined, all such meetings shall be regarded as
Safety/Information Meetings and as such shall be paid as if worked.
14.2 Rights of the
Project Delegate
In this clause the expression "delegate"
means an employee who is the accredited representative of the union on the
Project.
(a) The Parties
acknowledge it is the sole right of the Project workforce to elect the Project
Delegate, who shall be recognised as the authorised representative of the
Unions in respect of the Project.
(b) The Project
Delegate shall have the right to approach or be approached by any Employee of
an Employer to discuss industrial matters with that Employee during normal working
hours.
(c) The Project
Delegate shall have the right to communicate with the Project workforce in
relation to industrial matters without impediment by an Employer. Without
limiting the usual meaning of the expression "impediment", this
provision applies to the following conduct by an Employer:
i. moving the
Project Delegate to a workplace or work situation which prevents or
significantly impedes communication with the Project workforce;
ii. changing the
Project Delegate’s shifts or rosters so that communication with Employees is
prevented or significantly impeded;
iii. disrupting
duly organised meetings.
(d) The Project
Delegate shall be entitled to represent the Project workforce in relation to
industrial matters on the Project, and without limiting the generality of that
entitlement is entitled to be involved in representing the Project workforce:
i. the
introduction of new technology on the Project and other forms of workplace
change;
ii. career path, reclassification,
training issues; and to initiate discussions and negotiations on any other
matters affecting the employment of the Employees;
iii. ensuring that
Employees on the Project are paid their correct wages, allowances and other
lawful entitlements;
iv. to check with
relevant industry schemes so as to ensure that superannuation, long service
leave and redundancy has been paid on time.
(e) In order to
assist the Project Delegate to effectively discharge his or her duties and
responsibilities, the Project Delegate shall be afforded the following rights:
i. the right to
reasonable communication with other delegates, union officials and management
in relation to industrial matters, where such communication cannot be dealt
with or concluded during normal breaks in work;
ii. up to 10 days
paid time off to attend relevant trade union
training courses/forums at locations agreed between the parties.
(f) There shall
be no deduction to wages where the union requires a delegate to attend any
Court or Industrial Tribunal proceedings relating to industrial matters at the
workplace impacting on employees.
(g) The Employer
of the Project Delegate shall provide to the Project Delegate the following:
(i) A lockable
cabinet for the keeping of records;
(ii) Access to a
meeting room;
(iii) Use of the
telephone for legitimate union business associated with the Project;
(iv) From existing
resources, and when required for legitimate union Project related business,
access to a word-processor, typewriter, a photocopier, facsimile machine.
14.3 Union
Membership
Properly accredited officials and workplace
representatives of the union shall have the right to be provided with
appropriate access to employees to promote the benefits of union membership. To
assist in this process the Employer shall:
(a) Where agreed,
and authorised by the Employee, provide Payroll Deduction Services for Union
fees. Such fees shall be remitted to the Union on a regular agreed basis with
enough information supplied to enable the Union to carry out reconciliation.
Nothing in this clause shall be contrary to the
relevant legislation or freedom of association provisions.
15. Australian
Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
and feasible.
16. Protective
Clothing
Unless provided for in an Employers "Enterprise
Agreement" , 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.
In circumstances where any Employee(s) of Employers are
transferred to the Project from another Project where an issue of equivalent
clothing was made, then such Employee shall not be entitled to an issue on this
Project until the expiry of the calendar year or on a fair wear and tear basis.
Employees who receive from their Employer an issue and
replacement of equivalent clothing and/or safety footwear as part of the Employer’s
policy, EBA, or relevant industrial instrument shall not be entitled to the
provisions of this clause.
Employers will consult with Unions NSW to be provided
with a list of Australia Manufacturers who do not use illegal or exploited
labour in the manufacturing of their work clothes.
17. Workers
Compensation and Insurance Cover
17.1 Employers must
ensure that all persons that they engage to work on the Project are covered by
workers compensation insurance.
17.2 Baulderstone
Hornibrook 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.
17.3 Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers compensation:
(a) All Employees
will report injuries to the project first aider and their supervisor at the
earliest possible time after the injury
(b) All Employees
will comply with the requirements for making a workers compensation claim,
including the provision of a WorkCover medical certificate, at the earliest
possible time after the injury. This information will also be supplied to the
project first aid officer, and their supervisor.
(c) In cases where
the Employee is unable to comply with the above, the relevant employer will
assist in fulfilling requirements for making a claim.
17.4 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;
17.5 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
17.6 The Employer
will also complete the relevant accident notification form and send it to
WorkCover.
18. Apprentices
18.1 As part of the
Project’s commitment to industry training, a ratio of one apprentice/ trainee
to every five tradespersons within each Employer’s workforce is to be
maintained.
18.2 The Parties
acknowledge for Apprentices the superannuation contribution rate is 9% of
ordinary time earnings, which shall be made to the superannuation fund
nominated in the relevant industrial instruments being C+BUS/BUSSQ or other
schemes approved by the Parties.
18.3 Unless
otherwise prescribed in an Employers "Enterprise Agreement" the
minimum contribution rates for Apprentices into ACIRT or other schemes approved
by the parties will be as follows:
1st Year
|
$15.00 per week
|
2nd Year
|
$30.00 per week
|
3rd Year
|
$45.00 per week
|
4th Year
|
$61.00 per week
|
All the above rates will remain fixed for the life of
this Project Award
19. Training and
Workplace Reform
The Parties are committed to achieving improvements in
productivity and innovation through cooperation and reform. Employers are
expected to demonstrate their commitment to develop a more highly skilled
workforce by providing their Employees with career opportunities through
appropriate access to training and removing any barriers to the use of skills
acquired.
20. Project Death
Cover
Baulderstone Hornibrook Pty Ltd will guarantee the legal
beneficiary of any employee who dies from a workplace injury on the project
will be paid a death benefit of $25,000. Such benefit shall be paid within
fourteen (14) days of the production of appropriate documentation. This payment
shall be in addition to any other entitlement that might be paid to the
beneficiary as a consequence of the death of the employee.
21.
Anti-Discrimination
21.1 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.
21.2 This includes
discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
21.3 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.
21.4 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.
21.5 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
This clause does not create legal rights or obligations
in addition to those imposed upon the parties by legislation referred to in
this clause.
22. Personal/Carers
Leave
22.1 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 24.1 (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.
22.2 Unpaid Leave
for Family Purpose
An Employee may elect, with the consent of the
Employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in 22.1 (c) above who is ill.
22.3 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 24.3(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.
22.4 Time-off in
Lieu of Payment for Overtime
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time rate,
which is an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph 24.4(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 24.4(a), the Employee shall be
paid overtime rates in accordance with the award.
22.5 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.
22.6 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.
23 Project Close-Down
Calendar
For the purposes of this Award the Parties agree that the
following calendar will be adopted for the Project. The calendar has been
produced with a view to maximising quality leisure time off for all employees.
Accordingly, the Parties agree that on certain weekends (as set out in the
Calendar), no work shall be carried out.
Provided, however, where there is an emergency or special
client need, work can be undertaken on the weekends and adjacent RDO’s as set
out below, subject to the agreement of the appropriate union secretary or his
nominee. In such circumstances reasonable notice (where possible), shall be
given to the union (or union delegate).
Project Closedown Calendar 2004
Monday
September 13
|
RDO
|
|
|
Monday
October 11
|
RDO
|
Tuesday
October 12
|
RDO
|
|
|
Monday
November 1
|
RDO
|
Tuesday
November 2
|
RDO
|
|
|
Monday
December 6
|
No Work paid
Union Picnic Day
|
|
|
Monday
December 27
|
Boxing Day
Public Holiday
|
Tuesday
December 28
|
Xmas Day
Public Holiday
|
Wednesday
December 29
|
RDO
|
Thursday
December 30
|
RDO
|
Friday
December 31
|
RDO
|
* Award RDO’s
Project Closedown Calendar 2005
Monday January 3
|
New Year’s Day Public
Holiday
|
Tuesday January 4
|
RDO
|
|
|
Wednesday January 26
|
Australia Day Public
Holiday
|
|
|
Monday February 7
|
RDO
|
|
|
Friday March 25
|
Good Friday Public
Holiday
|
Saturday March 26
|
Easter Saturday Public Holiday
|
Monday March 28
|
Easter Monday Public
Holiday
|
Tuesday March 29
|
RDO
|
Wednesday March 30
|
RDO
|
Thursday March 31
|
RDO
|
Friday April 1
|
RDO
|
|
|
Monday April 25
|
Anzac Day Public
Holiday
|
Tuesday April 26
|
RDO
|
|
|
Monday May 2
|
Labour Day
|
Monday May 23
|
RDO
|
|
|
Monday June 13
|
Queen’s Birthday Public Holiday
|
Tuesday June 14
|
RDO
|
Wednesday June 15
|
RDO
|
|
|
Monday July 11
|
RDO
|
|
|
Monday August 15
|
RDO
|
Tuesday August 16
|
RDO
|
|
|
Monday September 5
|
RDO
|
|
|
Monday October 3
|
RDO
|
Tuesday October 4
|
RDO
|
|
|
Monday October 31
|
RDO
|
Tuesday November 1
|
RDO
|
|
|
Monday November 28
|
RDO
|
|
|
Monday December 5
|
No Work Paid Union Picnic Day
|
Friday December 23
|
RDO
|
Monday December 26
|
Xmas Day Public
Holiday
|
Tuesday December 27
|
Boxing Day Public
Holiday
|
Wednesday December 28
|
RDO
|
Thursday December 29
|
RDO
|
Friday December 30
|
RDO
|
* Award RDO’s
24. Leave Reserved
Nil
ANNEXURE A (Parties)
Part 1
Employers:
Baulderstone Hornibrook Pty Ltd
Contractors and Sub-contractors of Baulderstone Hornibrook Pty
Ltd, engaged to undertake works on the Project.
Part 2
Unions:
Unions NSW
Construction Forestry Mining and Energy Union (Construction
& General Division) New South Wales Divisional Branch
Communication Electrical Electronic Energy Information Postal
Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Electrical Trades Union of Australia (NSW Branch)
Automotive Food Metals Engineering Printing & Kindred
Industries Union (also known as AMWU)
ANNEXURE B
Authority To
Obtain Details Of Work Rights From DIMIA
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:
|
|
|
|
|
|
|
Type of Business
|
Visa Number:
|
|
|
|
|
|
|
Visa Expiry Date:
|
|
|
|
|
|
|
|
I authorise the Department of
Immigration and
|
|
Name of Contact Person:
|
Multicultural Affairs (DIMA)
to release the
|
|
|
details of my work rights
status (that is, my
|
|
|
entitlement to work legally in
Australia) to the
|
|
Telephone:
|
|
employer/labour supplier named
on this form.
|
|
|
|
|
|
Fax:
|
|
I understand that these
details are held by DIMA
|
|
|
on departmental files and
computer systems. I
|
|
Note that the employee's work rights status will be
|
also understand that the
employers/labour
|
|
sent directly to the fax number given below. Please
|
supplier will use this
information for the
|
|
ensure that this number is correct.
|
purpose of establishing my
legal entitlement to
|
|
|
work in Australia, and for no
other purpose.
|
|
|
|
|
|
Employee Signature:
|
|
|
|
|
The completed form should be
faxed to
|
|
|
1800 505 550
|
Date:
|
|
|
|
|
|
|
|
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.