CENTRE COURT PROJECT AWARD 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Baulderstone
Hornibrook Pty Ltd for a new award.
(No. IRC 1030 of 2005)
Before The Honourable
Justice Walton, Vice-President
|
4 March 2005
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Objectives
3. Definitions
4. Application
5. Duration
6. Industry
Standards
6.1 Superannuation and Redundancy
6.2 Top Up/24 Hour Income Protection Insurance
6.3(a) Project Allowance
6.3(b) Transport Drivers
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.2 Environment, Health and Safety Plans
7.3 The Safety Committee
7.4 Safety Procedures
7.5 OH&S Industry Induction
7.6 Formwork Safety
7.7 Temporary Power/Testing and Tagging
7.8 Crane Safety
8. Dispute
Resolution
8.1 Employer
specific disputes
8.2 Project
Wide Disputes
8.3 Demarcation
Disputes
8.4 Procedures
to prevent Disputes Regarding Non- Compliance
9. Monitoring
Committee
10. Productivity
Initiatives
10.1 Learning Initiatives
10.2 Inclement Weather
10.3 Rostered Days Off
10.4 Maximising Working Time
10.5 Hours of Work
11. Immigration
Compliance
12. Long
Service Compliance
13. No Extra
Claims
14. No
Precedent
15. Single
Bargaining Unit
16. Union
Rights
16.1 Visiting Union Officials
16.2 Workplace Delegates
16.3 Union Membership
17. Australian
Content
18. Protective
Clothing
19. Workers
Compensation and Insurance Cover
20. Apprentices
21. Training
and Workplace Reform
22. Project
Death Cover
23. Anti-Discrimination
24. Personal/Carers
Leave
24.1 Use of Sick Leave
24.2 Unpaid Leave for Family Purpose
24.3 Annual Leave
24.4 Time-off in Lieu of Payment for Overtime
24.5 Make-up Time
24.6 Rostered days off
25. Project
Close-Down Calendar
26. Leave
Reserved
Annexure A -
(Parties)
Annexure B -
Authority to obtain details of work rights from DIMIA
2. Objectives
2.1 The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued
development of communication processes, which facilitate participation by all
Employers, Employees and Unions
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees.
(g) Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or enterprise
agreements and legislative requirements;
(m) Improved wages
and conditions for all employees working on the project;
(n) Increased
leisure time for employees by eliminating excessive hours of work.
(o) Enhancing job opportunities
for persons who have a legal right to work including persons who wish to take
on apprenticeships or traineeships.
(p) It is a
objective of the unions party to this Award that all employers have Enterprise
Agreements with the relevant union or unions.
(q) Compliance
with the NSW Government Construction Industry Code of Practice.
3. Definitions
"Award" means the Centre Court Project Award 2005.
"Baulderstone Hornibrook" means Baulderstone
Hornibrook of 40 Miller St North Sydney 2060.
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by an Employer
who performs work on the Project.
"Employer" means Baulderstone Hornibrook and/or
any subcontractor/s engaged by Baulderstone Hornibrook to work on the Project.
"Enterprise Agreement" means an agreement
certified under the Workplace Relations Act 1996 (Cth) or approved under
the Industrial Relations Act 1996 (NSW).
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Monitoring Committee" means the committee
established under clause 10 of this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Project" means all the construction works for
base building and integrated fit out at the Centre Court development at Centre
Court Business Park, 1-11 Lyonpark Road, Macquarie Park NSW 2113.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by Baulderstone Hornibrook 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.
"Unions NSW" means the Labor Council of New South
Wales.
4. Application
4.1 This Award
will apply to work done on the Project by the Employees for the period the
Employer engages the Employees to work on the Project.
4.2 Where
Baulderstone Hornibrook engages sub-contractor/s, it shall make it a condition
of any contract that it enters into with its sub-contractor/s that they will
not employ or otherwise engage persons on wages and conditions, which are less
favourable than those set out in this Project Award.
4.3 The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for work on this Project.
4.4 This Award is
generally intended to supplement and co-exist within the terms of existing
Enterprise Agreements and Awards and its primary purpose is to provide a
framework for the Employers, Unions NSW and the Unions, to manage those issues
on the Project which affect more than one Employer.
5. Duration
5.1 This Award
shall operate on and from the 31 January 2005 until Practical Completion or
three years from commencement (whichever comes first).
6. Industry Standards
6.1 Superannuation
and Redundancy
6.1(a) The Parties
acknowledge that a contribution of
$100.00 per week or 9% of ordinary time earnings (whichever is the greater)
will be made to the superannuation fund nominated in the relevant industrial
instruments being C+BUS; NESS; STA, TWU or other schemes approved by the
Parties. The minimum payment made for
superannuation for apprentices/trainees working on the project shall be $50.00
per week.
6.1(b) The Employers
will make a contribution of $61 per week into ACIRT or MERT or other schemes
approved by the parties. The employers
shall make a contribution of no less than $40.00 per week for
apprentices/trainees working on the project.
6.2 Top Up/24 Hour
Income Protection Insurance
6.2(a) Each Employer
will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with
the UPLUS scheme or other similar schemes, which are approved by the parties to
this Award.
6.3 Project
Allowance
6.3(a) Subject to
subclause 6.3(b) the Employer will pay a project allowance for persons engaged
on the project of $3.00 for each hour worked on the Project. This allowance will be increased to $3.50
from 1 January 2007.
6.3(b) Transport
Drivers
6.3(b)(i) Employees
- Rates of Pay
It is further agreed that any Transport Worker carrying
out work relating to the Project will be paid, in addition to his/her Award or
Enterprise Agreement rate of remuneration, any applicable Project productivity
allowance, provided that the driver has had a regular involvement of two (2)
hours or more on any day with the project.
6.3(b)(ii) 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.
6.3(b)(iii) 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 (he GST amount) The total fee
payable to the contract carrier shall be the sum of the remuneration payable
and the GST Amount.
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.1(a) All Employees
must attend an agreed EHS&R site induction course on commencement of
engagement on site.
7.1(b) All transport workers
involved on the project shall undertake an appropriate Blue Card Induction
Program conducted by a licensed Blue Card Training Provider in conjunction with
the employer and the Transport Workers’ Union.
7.2 Environment,
Health and Safety Plans
7.2(a) All Employers
must submit an environment, health safety and rehabilitation management
plan. These plans should include
evidence of:
7.2(a)(i) risk
assessment of their works;
7.2(a)(ii) hazard
identification, prevention and control;
7.2(a)(iii) planning
and re-planning for a safe working environment;
7.2(a)(iv) industry
and trade specific induction of Employees;
7.2(a)(v) monitoring
performance and improvement of work methods;
7.2(a)(vi) reporting
of all incidents/accidents;
7.2(a)(vii) compliance
verification; and
7.2(a)(viii) regular
EHS&R meetings, inspections and audits of the Project.
7.3 The Safety
Committee
7.3(a) The Safety
Committee will be properly constituted with an agreed constitution. All members of the safety committee will undertake
agreed Occupational Health and Safety training with Comet Training or other
agreed providers.
7.4 Safety
Procedures
7.4(a) The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
7.4(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.
7.4(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.
7.5 OH&S
Industry Induction
No person will be engaged on site unless he/she has
completed the WorkCover NSW Accredited OH&S Industry Induction Course.
7.6 Formwork
Safety
All persons engaged on the erection or dismantling of
formwork will have the relevant WorkCover Formwork Certificate of
Competency. Where an employee does not
have a Certificate of Competency, Comet will be contacted to assess the
qualifications of the relevant employee. Further, all contractors engaged on
site to perform work shall fully comply with AS 3610 Formwork for Concrete.
7.7 Temporary
Power/Testing and Tagging
In order to maintain the highest standards of safety in
regard to the use of electricity during construction, it is agreed that the
temporary installation is installed strictly in accordance with AS 3012
(1995). All work is to be carried out
by qualified electrical tradespersons.
Testing and tagging is to be carried out only by qualified electrical
tradespersons.
7.8 Crane Safety
No mobile crane will be allowed on the project site
unless it has been certified by Cranesafe Australia (New South Wales). Such cranes will be required to display
their current Cranesafe inspection label and RTA Registration Certificate.
8. Dispute Resolution
One of the aims of this Award is to eliminate lost time in
the event of a dispute and to achieve prompt resolution of any dispute.
8.1 Employer
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:
8.1(a) Discussion
between those directly affected;
8.1(b) Discussion
between site management representatives of the Employer and the Union delegate;
8.1(c) Discussion
between site management representatives of the Employer and the Union
organiser;
8.1(d) Discussion
between senior management of the Employer, Baulderstone Hornibrook and the
appropriate Union official;
8.1(e) Discussion
between the Secretary of the relevant Union (or nominee) and Baulderstone
Hornibrook NSW Operations Manager (or nominee);
8.1(f) If the dispute
is not resolved after step (e), parties to the Award may notify the dispute to
the Industrial Relations Commission of New South Wales, and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations Act 1996 (NSW).
8.1(g) Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
8.2 Project Wide
Disputes
In the event of a dispute or conflict effecting more
than one Employer occurring, the following procedure will be adopted:
8.2(a) Discussion
between those directly affected;
8.2(b) Discussion
between site management representatives of Baulderstone Hornibrook and the
Union delegate;
8.2(c) Discussion
between site management representatives of Baulderstone Hornibrook and the
Union organiser;
8.2(d) Discussion
between senior management of Baulderstone Hornibrook and the appropriate Union
official;
8.2(e) Discussion
between the Secretary of the relevant Union (or nominee) and Baulderstone
Hornibrook NSW Operations Manager (or nominee);
8.2(f) If the dispute
is not resolved after step (e), parties to the Award may notify the dispute to
the Industrial Relations Commission of New South Wales, and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations Act 1996 (NSW);
8.2(g) Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
8.3 Demarcation
Disputes
In the event that a dispute arises which cannot be resolved
between the relevant Unions, the Unions agree to the following dispute settling
procedure:
8.3(a) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes;
8.3(b) Discussion
between Unions NSW and the Unions to try to resolve the dispute;
8.3(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).
8.4 Procedures to
prevent Disputes Regarding Non- Compliance
8.4(a) Baulderstone Hornibrook
in association with the accredited site union delegate will check monthly
payments of subcontractors companies engaged on site in relation to
superannuation, redundancy and extra insurance to ensure payments for employees
have been made as required. The
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.
8.4(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.
8.4(c) In accordance
with Section 127 of the Industrial Relations Act 1996, Section 175(b) of
the Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll
Tax Act 1971 the principal contractor will obtain all applicable
Sub-Contractors Statements regarding workers’ compensation, payroll tax and
remuneration. A copy of these
statements will be available on request to an accredited trade union officer or
site delegate.
8.4(d) The union
delegate or union official shall advise Baulderstone Hornibrook if they believe
the information which has been provided by any sub-contractor is not correct.
8.4(e) Any dispute
concerning non-compliance shall be resolved in accordance with the dispute
settling procedures of this award.
9. Monitoring
Committee
9.1 The Parties
may establish a committee to monitor the implementation of this Award.
9.2 This
Monitoring Committee if established will meet at the commencement of
construction and then at monthly intervals or as required during construction
on the Project.
9.3 The Monitoring
Committee will consider ways in which the aims and objectives of this Award can
be enhanced, which may include, but not be limited to discussion of:
9.3(a) developing more
flexible ways of working;
9.3(b) enhancing
occupational health and safety;
9.3(c) productivity
plans, and
9.3(d) compliance with
Award and other statutory requirements by employers.
9.4 If the
principles of this Award are not being followed, the Committee will develop a
plan in consultation with the Parties, to implement the intent of the Award.
10. Productivity
Initiatives
10.1 Learning
Initiatives
Each Employer shall be required to demonstrate to
Baulderstone Hornibrook implementation of commitment to skill enhancement and
workplace reform while working on the Project.
10.2 Inclement
Weather
10.2(a) The
Parties to this Award will collectively proceed towards the minimisation of
lost time due to inclement weather.
10.2(b) Further,
the Parties are bound to adopt the following principles with regard to
inclement weather and idle time created by inclement weather:
10.2(b)(i) Adoption
of a reasonable approach regarding what constitutes inclement weather;
10.2(b)(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);
10.2(b)(iii) Where
the initiatives described in (b) above are not possible, the use of
non-productive time may be used for activities such as relevant and meaningful
skill development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
10.2(b)(iv) All
Parties are committed to an early resumption of work following any cessation of
work due to inclement weather;
10.2(b)(v) The
Parties agree the practice of "one out, all out" will not occur.
10.3 Rostered Days
Off
10.3(a) Subject
to Clause 25 a procedure for the implementation of Rostered Days Off (RDOs)
will be agreed on the Project. The
purpose which is to:
10.3(a)(i) increase
the quality of working life for Employees; and
10.3(a)(ii) increase
the productivity of the Project.
10.3(b) A
roster of RDOs will be prepared, following consultation with the workforce and
parties to this Award.
10.3(c) Records
of each Employee’s RDO accruals will be recorded on the employees pay slip and
copies made available to the Employee, the Employee’s delegate or union
official upon request. It is acknowledged that different arrangements in
relation to the banking of RDO`s may apply to members of the CEPU.
10.3(d) Where
practicable, Saturday work prior to the published industry RDO`s will not be
worked.
10.4 Maximising
Working Time
10.4(a) The
Parties agree that crib and lunch breaks may be staggered for Employees so that
work does not cease during crib and lunch.
There will be no unreasonable interruption of the comfort of employees
having lunch with the amenities to be maintained in a clean and hygienic state
at all times.
10.5 Hours of Work
10.5(a) Ordinary
hours of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to
Friday. However, ordinary hours may
commence from 5.00am by agreement between the Employer, Employee and relevant
Union.
11. Immigration
Compliance
11.1 The Parties are
committed to compliance with Australian immigration laws so as to ensure
maximum work opportunities for unemployed permanent residents and Australian
citizens. Employers will be advised by
Baulderstone Hornibrook of the importance of immigration compliance. Where
there is concern that illegal immigrants are being engaged by an employer on
the Project, Baulderstone Hornibrook will act decisively to ensure compliance.
11.2 Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorization
form attached to this Award as per Appendix B will assist in providing evidence
of the employee’s legal status.
12. Long Service
Compliance
12.1 If
applicable, and in accordance with the NSW Building and Construction Industry
Long Service Leave Act, no Employee will be engaged on site unless he or she is
a worker registered with the NSW Long Service Payments Corporation. All Employers (if applicable) engaged on
site will be registered as employers in accordance with the NSW Building and
Construction Industry Long Service Payments Act 1986 and will strictly comply
with their obligations.
13. No Extra Claims
13.1 The Parties
agree that they will not pursue extra claims in respect of matters covered by
this Award (including but not limited to any claim for a disability allowance)
during the term of this Award.
14. No Precedent
14.1 The Parties
agree not to use this Award as a precedent and that this Award will in no way
create a claim for flow-on of on-site wage rates and conditions.
15. Single Bargaining
Unit
15.1 This Award was
negotiated by Unions NSW on behalf of the Unions and by Baulderstone Hornibrook
in its own right and on behalf of the Employers.
16. 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.
16.1 Visiting Union
Officials
16.1(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.
16.1(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.
16.1(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.
16.1(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.
16.1(e) Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Building Awards, Enterprise Agreements, the Industrial
Relations Act 1996 (NSW), or other Statutory Employer requirements.
16.2 Workplace
Delegates
Definition
In this clause the expression "delegate" means an
employee who is the accredited representative of the Union at an employer’s
work place, and if there is more than one delegate in respect of the workforce
of that employer then the expression "delegate" means each and every
such delegate so accredited by the Union in relation to that employer’s
workforce.
16.2(a) Rights
of the Delegate
16.2(a)(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.
16.2(a)(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.
16.2(a)(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.
16.2(a)(iv) The
delegate shall be entitled to represent members in relation to industrial
matters at the workplace, and without limiting the generality of that
entitlement is entitled to be involved in representing members:
at all stages in the negotiation and implementation of
enterprise agreements or awards or other industrial instruments;
the introduction of new technology and other forms of
workplace change;
Career path, reclassification, training issues; and to
initiate discussions and negotiations on any other matters affecting the
employment of members
Ensuring that workers on site are paid their correct
wages, allowances and other lawful entitlements.
To check with relevant industry schemes so as to ensure
that superannuation, long service leave and redundancy has been paid on time.
16.2(a)(v) In
order to assist the delegate to effectively discharge his or her duties and
responsibilities, the delegate shall be afforded the following rights:
the right to reasonable communication with other
delegates, union officials and management in relation to industrial matters,
where such communication cannot be dealt with or concluded during normal breaks
in work;
at least 10 days paid time off work to attend relevant
and pre-agreed Union training courses/forums;
paid time off to attend meetings of delegates in the
industry, as agreed by the parties.
16.2(a)(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;
personal computers (PC), CD ROM, E-mail and the
Internet at the workplace;
a photocopier or facsimile machine.
16.2(a)(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 where prior agreement has been reached between the delegate and
his/her manager regarding their attendance.
16.3 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:
16.3(a) If
requested by the union and authorised by the employee, 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;
16.3(b) Supply
all employees with a union application form at the same time as employees are
provided with their taxation declaration form;
16.3(c) Provide
the union with access to talk to new employees at induction training;
16.3(d) Ensure
that all supervisors are trained in the provisions of the Project Award and the
employer’s policy on union membership.
17. Australian
Content
17.1 The Project
Manager shall endeavour to maximise Australian content in materials and
construction equipment on the Project where practical and feasible.
18. Protective
Clothing
18.1 Employers will provide
their Employees engaged on site with legally produced Australian made
protective clothing and footwear on the following basis:
18.1(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on site and will
be replaced as a result of fair wear and tear, provided they are produced to
the Employer as evidence.
18.1(b) Clothing
Two sets of protective clothing (combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year as a result of fair wear and tear, provided they are produced
to the Employer as evidence.
18.1(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.
18.2 In
circumstances where any Employee(s) of Employers are transferred to the project
from another Project where an issue of equivalent clothing was made, then such
Employee shall not be entitled to an issue for this Project until the expiry of
the calendar year or on a fair wear and tear basis.
18.3 Employees who
receive from their Employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the Employer’s policy or relevant industrial
instrument shall not be entitled to the provisions of this clause
18.4 Employers will
consult with Unions NSW to be provided with a list of Australian Manufacturers
who do not use illegal or exploited labour in the manufacture of their work
clothes.
18.5 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.
19. Workers
Compensation and Insurance Cover
19.1 Employers must
ensure that all persons that they engage to work on the project are covered by
workers compensation insurance.
19.2 Baulderstone
Hornibrook 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.
19.3 Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers compensation:
19.3(a) All Employees
will report injuries to the project first aider and their supervisor at the
earliest possible time after the injury.
19.3(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.
19.3(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.
19.4 Employers must
ensure that they are aware of and will abide by Sections 63 to 69 of the Workplace
Injury Management and Workers Compensation Act 1998, which provide that:
19.4(a) The
Employer shall keep a register of injuries /site accident book in a readily
accessible place on site;
19.4(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;
19.4(c) An
Employer who receives a claim for compensation, must within seven (7) days of
receipt, forward the claim or documentation, to their insurer;
19.4(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;
19.4(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;
19.5 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
19.6 The Employer
will also complete the relevant accident notification form and send it to
WorkCover.
20. Apprentices
20.1 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.
21. Training and
Workplace Reform
21.1 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.
22. Project Death
Cover
22.1 Baulderstone
Hornibrook will guarantee the beneficiary of any employee who dies as a
consequence of working on the project will be paid a death benefit of
$25,000. Such benefit shall be paid
within fourteen (14) days of the production of appropriate documentation. This payment shall be in addition to any
other entitlement that might be paid to the beneficiary as a consequence of the
death of the employee.
23.
Anti-Discrimination
23.1 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.
23.2 This includes
discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
23.3 It follows that
in fulfilling their obligations under the dispute resolution procedure prescribed
by this Award, the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this Award are not directly or
indirectly discriminatory in their effects.
It will be consistent with fulfilment of these obligations for the
parties to make application to vary any provision of the Award, which, by its
terms of operation, has a direct or indirect discriminatory effect.
23.4 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.
23.5 Nothing in this
clause is to be taken to affect:
23.5(a) any
conduct or act which is specifically exempted from anti-discrimination legislation;
23.5(b) offering
or providing junior rates of pay to persons under 21 years of age;
23.5(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;
23.5(d) a
party to this Award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
23.6 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
24. Personal/Carers
Leave
24.1 Use of Sick
Leave
24.1(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.
24.1(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.
24.1(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
24.1(c)(i) the
Employee being responsible for the care of the person concerned; and
24.1(c)(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.
24.1(d) An
Employee shall, wherever practicable, give the Employer prior notice of the
intention to take leave, the name of the person requiring care and that
person’s relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the Employee to give prior notice of absence, the
Employee shall notify the Employer by telephone of such absence at the first
opportunity on the day of absence.
24.2 Unpaid Leave
for Family Purpose
24.2(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 24.1(c)(ii) above who is ill.\
24.3 Annual Leave
24.3(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.
24.3(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.
24.3(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.
24.4 Time-off in
Lieu of Payment for Overtime
24.4(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.
24.4(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.
24.4(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.
24.4(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.
24.5 Make-up Time
24.5(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.
24.5(b) An
Employee on shift work may elect, with the consent of the Employer, to work
"make up time" (under which the Employee takes time off ordinary
hours and works those hours at a later time), at the shift work rate, which
would have been applicable to the hours taken off.
24.6 Rostered days
off
24.6(a) An
Employee may elect, with the consent of the Employer, to take a rostered day
off at any time.
24.6(b) An
Employee may elect, with the consent of the Employer, to take rostered days off
in part day amounts.
24.6(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.
24.6(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.
25. Project
Close-Down Calendar
25.1 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 certain weekends (as set out in the Calendar), no work shall be
carried out.
Provided, however, where there is an emergency or
special client need, work can be undertaken on the weekends and adjacent RDO’s
as set out below, subject to the agreement of the appropriate union secretary
or nominee. In such circumstances
reasonable notice (where possible), shall be given to the union (or union delegate).
SITE CALENDAR 2005
Saturday
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January 1
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New Year’s Day
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Sunday
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January 2
|
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Monday
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January 3
|
New Year’s Day Public Holiday
|
|
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Wednesday
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January 26
|
Australia Day Public Holiday
|
Thursday
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January 27
|
RDO
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Friday
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January 28
|
RDO
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Saturday
|
January 29
|
|
Sunday
|
January 30
|
|
|
|
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Friday
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March 25
|
Good Friday Public Holiday
|
Saturday
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March 26
|
|
Sunday
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March 27
|
Easter Sunday
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Monday
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March 28
|
Easter Monday Public Holiday
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Tuesday
|
March 29
|
RDO
|
|
|
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Friday
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April 22
|
RDO
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Saturday
|
April 23
|
|
Sunday
|
April 24
|
|
Monday
|
April 25
|
Anzac Day Public Holiday
|
|
|
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Saturday
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June 11
|
|
Sunday
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June 12
|
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Monday
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June 13
|
Queen’s Birthday Public Holiday
|
Tuesday
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June 14
|
RDO
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|
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Saturday
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October 1
|
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Sunday
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October 2
|
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Monday
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October 3
|
Labour Day Public Holiday
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Tuesday
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October 4
|
RDO
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|
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Saturday
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December 3
|
|
Sunday
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December 4
|
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Monday
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December 5
|
Union Picnic Day
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Tuesday
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December 6
|
RDO
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25.2 Site Calendar
2006
The Parties shall agree to a Project Site Calendar for
2006 consistent with the industry calendar between the Parties. The site calendar shall follow the same principles
as those established for the 2005 calendar.
26. Leave Reserved
The Union Parties to this Award shall have the right to make
application to have the following provision or a provision with similar intent
inserted into the Project Award.
"Notwithstanding subclause 8.4(a) if an employer is
identified as paying his or her employees "all-in payments" then such
payments shall be deemed to be the employees ordinary rate of pay for all
purposes of this Project Award and other industrial instruments which apply to
such employees for the duration of the project. In such circumstances, all employees of the employer working on
the project shall obtain the benefit of the higher rate of pay plus the
conditions of this Project Award."
ANNEXURE
A
PARTIES
Part 1
Employers:
Baulderstone Hornibrook
and any subcontractors engaged by it or by them to work on
the Project.
Part 2
Unions:
Unions NSW
Construction Forestry Mining and Energy Union (New
South Wales Branch)
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Electrical Trades Union of Australia (NSW Branch)
Transport Workers Union (TWU)
Automotive Food Metals Engineering Printing & Kindred
Industries Union (also known as AMWU)
ANNEXURE B
Authority to
obtain details of work rights from DIMIA
Employee Details
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Employer/Labour Supplier Details
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(As specified in passport or other identify
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document)
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Family Name:
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Business Name:
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Given Name(s):
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Other Name(s) used (eg maiden name)
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Business Street Address
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Date of Birth:
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Nationality:
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Passport Number:
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Visa Number:
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Type of Business
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Visa Expiry Date:
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I authorise the Department of Immigration and
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Multicultural Affairs (DIMA) to release the
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Name of Contact Person:
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details of my work rights status (that is, my
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entitlement to work legally in Australia) to the
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employer/labour supplier named on this form.
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Telephone:
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I understand that these details are held by
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Fax:
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DIMA on departmental files and computer
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systems. I also understand that the
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Note that the employee's work rights status will
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employers/labour supplier will use this
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be sent directly to the fax number given below.
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information for the purpose of establishing my
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Please ensure that this number is correct.
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legal entitlement to work in Australia, and for
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no other purpose.
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Employee Signature:
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The completed form should be faxed to
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1800 505 550
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Date:
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If all details match with our records, the employee's work
rights status will be faxed to you within one
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working day.
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M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.