TARAGON CONSTRUCTIONS GEORGE
& HARRIS STREETS PROJECT AWARD 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Labour
Council of New South Wales, State Peak Council for Employees.
(No. IRC 1776 of 2005)
Before The Honourable
Justice Walton, Vice-President
|
14 April 2005
|
AWARD
APPENDIX A
Arrangement
Clause No. Subject Matter
1. Arrangement
2. Objectives
3. Definitions
4. Application
5. Duration
6. Industry
Standard
6.1 Superannuation and Redundancy
6.2 Top Up/Income Protection Insurance
6.3(a) Productivity allowance
6.3(b) Transport Drivers
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.2 Environment, Health and Safety Plans
7.3 The Safety Committee
7.4 Safety Procedures
7.5 OH&S Industry Induction
7.6 Formwork Safety
7.7 Temporary Power/Testing and Tagging
7.8 Crane Safety
8. 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
Annexure B
2. Objectives
2.1 The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued
development of communication processes, which facilitate participation by all
Employers, Employees and Unions
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees.
(g) Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Improved wages
and conditions for all employees working on the project;
(n) Increased
leisure time for employees by eliminating excessive hours of work.
(o) Enhancing job opportunities
for persons who have a legal right to work including persons who wish to take
on apprenticeships or traineeships.
(p) Encourage all
employers to have Enterprise Agreements with the relevant union or unions.
(q) Compliance
with the NSW Government Construction Industry Code of Practice.
3. Definitions
"Award" means Taragon Constructions George &
Harris Streets Project Award 2005.
"Taragon Constructions" means Taragon
Constructions (A.C.N. 107 325 039) at Level 5, Suite 2, 132 Arthur Street,
North Sydney, NSW 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 Taragon Constructions and/or any
subcontractor/s engaged by Taragon Constructions to work on the Project.
"Enterprise Agreement" means an agreement
certified under the Workplace Relations Act 1996 (Cth) or approved under
the Industrial Relations Act 1996 (NSW).
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Monitoring Committee" means the committee
established under clause 10 of this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Project Milestones" means the milestones listed
in Clause 6.3(a) as amended by the Monitoring Committee from time to time.
"Project" means the construction works contracted
to Taragon Constructions at 849 - 855 George Street and 732 Harris Street,
Sydney NSW 2000.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by Taragon Constructions 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 Taragon
Constructions engages sub-contractor/s, it shall make it a condition of any
contract that it enters into with its sub-contractor/s that they will not
employ or otherwise engage persons on wages and conditions, which are less
favourable than those set out in this Project Award.
4.3 The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for work on this Project.
4.4 This Award is
generally intended to supplement and co-exist within the terms of existing
Enterprise Agreements and Awards and its primary purpose is to provide a
framework for the Employers, the Labor Council and the Unions, to manage those
issues on the Project, which affect more than one Employer.
5. Duration
5.1 This Award
shall operate on and from 4th April 2005 until Practical Completion of the
Project.
6. Industry Standards
6.1 Superannuation
and Redundancy
(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.
(b) The Employers
will make a contribution of $61 per week into ACIRT or MERT or other schemes
approved by the parties. This amount
will increase to $68.00 per week from 1st January 2007. The employers shall
make a contribution of no less than $40.00 per week for apprentices/trainees
working on the project. This amount
will increase to $45.00 per week as from 1st January 2007.
6.2 Top Up/Income
Protection Insurance
(a) Each Employer
will provide Workers Compensation Top-Up/Income Accident Insurance with the
UPLUS scheme or other similar schemes, which are approved by the parties to
this Award.
6.3 Project
Allowance
(a) Subject to
subclause 6.3(b) the Employer will pay a project allowance for persons engaged
on the project of $1.75 for each hour worked on the Project.
(b) Transport
Drivers
(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.
(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.
(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 (the GST amount). The total
fee payable to the contract carrier shall be the sum of the remuneration
payable and the GST Amount.
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
(a) All Employees
must attend an agreed EHS&R site induction course on commencement of
engagement on site.
(b) All transport
workers involved on the project shall undertake an appropriate Blue Card
Induction Program conducted by a licensed Blue Card Training Provider in
conjunction with the employer and the Transport Workers’ Union.
7.2 Environment,
Health and Safety Plans
(a) All Employers
must submit an environment, health safety and rehabilitation management
plan. These plans should include
evidence of:
(i) risk
assessment of their works;
(ii) hazard
identification, prevention and control;
(iii) planning and
re-planning for a safe working environment;
(iv) industry and
trade specific induction of Employees;
(v) monitoring
performance and improvement of work methods;
(vi) reporting of
all incidents/accidents;
(vii) compliance
verification; and
(viii) regular
EHS&R meetings, inspections and audits of the Project.
7.3 The Safety
Committee
(a) The Safety
Committee will be properly constituted with an agreed constitution. All members of the safety committee will
undertake agreed Occupational Health and Safety training with Comet Training or
other agreed providers.
7.4 Safety
Procedures
(a) The Parties
acknowledge and agree that all Parties are committed to safe working procedures.
(b) If the Project
Manager or the Safety Committee is of the opinion that an Employee or Employer
has committed a serious breach of either the Environment Health and Safety
Policy or the relevant safety management plan (or any other agreed safe working
procedures), the Project Manager (or the Project Manager on recommendation from
the Safety Committee) will implement disciplinary action against the Employer
or Employee which may include taking all steps required to remove the Employer
or Employee from the Project.
(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:
(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, Taragon Constructions and the
appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Taragon
Constructions NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to its powers set out in the Industrial Relations Act 1996
(NSW).
(g) Work shall continue
without interruption or dislocation during discussion and negotiations
concerning the dispute.
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:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of Taragon Constructions and the Union
delegate;
(c) Discussion
between site management representatives of Taragon Constructions and the Union
organiser;
(d) Discussion
between senior management of Taragon Constructions and the appropriate Union
official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Taragon
Constructions NSW Operations Manager (or nominee);
(f) If the dispute
is not resolved after step (e), parties to the Award may notify the dispute to
the Industrial Relations Commission of New South Wales, and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations Act 1996 (NSW);
(g) Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
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:
(a) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes;
(b) Discussion
between the Unions NSW and the Unions to try to resolve the dispute;
(c) If the dispute
is not resolved after step (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
(a) Taragon
Constructions 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 Taragon
Constructions 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 Taragon
Constructions 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 Section 127 of the Industrial Relations Act 1996, Section 175(b) of
the Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll
Tax Act 1971 the principal contractor will obtain all applicable
Sub-Contractors Statements regarding workers’ compensation, payroll tax and
remuneration. A copy of these
statements will be available on request to an accredited trade union officer or
site delegate.
(d) The union
delegate or union official shall advise Taragon Constructions if they believe
the information which has been provided by any sub-contractor is not correct.
(e) Any dispute
concerning non-compliance shall be resolved in accordance with the dispute
settling procedures of this award.
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:
(a) developing
more flexible ways of working;
(b) enhancing
occupational health and safety;
(c) productivity
plans, and
(d) compliance
with Award and other statutory requirements by employers.
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
Taragon Constructions implementation of commitment to skill enhancement and
workplace reform while working on the Project.
10.2 Inclement
Weather
(a) The Parties to
this Award will collectively proceed towards the minimisation of lost time due
to inclement weather.
(b) Further, the
Parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful work is available in that area or site
and that work is within the scope of the Employee’s skill, competence and
training consistent with the relevant classification structures (provided that
the Employer shall provide transport to such unaffected area where necessary);
(iii) Where the
initiatives described in (b) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
(iv) All Parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
(v) The Parties
agree the practice of "one out, all out" will not occur.
10.3 Rostered Days
Off
(a) Subject to
Clause 25 a procedure for the implementation of Rostered Days Off (RDO's) will
be agreed on the Project. The purpose
which is to:
(i) increase the
quality of working life for Employees; and
(ii) increase the
productivity of the Project.
(b) A roster of
RDO's will be prepared, following consultation with the workforce and parties to
this Award.
(c) Records of
each Employee’s RDO accruals will be recorded on the employees pay slip and
copies made available to the Employee, the Employee’s delegate or union
official upon request. It is acknowledged that different arrangements in relation
to the banking of RDO's may apply to members of the CEPU.
(d) Where
practicable, Saturday work prior to the published industry RDO's will not be
worked.
10.4 Maximising
Working Time
(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
(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
Taragon Constructions of the importance of immigration compliance. Where there
is concern that illegal immigrants are being engaged by an employer on the
Project, Taragon Constructions 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 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 the Unions NSW on behalf of the Unions and by Employer Name 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
(a) Where
practicable, Union officials (party to this Award) when arriving onsite, shall
call at the site office and introduce themselves to a Management representative
of the Employer, prior to pursuing their union duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant Building Awards, the Occupational Health and Safety Act and
Regulations, and other statutory/legislative obligations for entry to the site.
(c) Union
officials with the appropriate credentials shall be entitled to inspect all
such wage records, other payment records and related documentation necessary to
ensure that the Employers are observing the terms and conditions of this Award.
(d) All such wages
books and other payment records shall be made available within 48 hours on site
or at another convenient, appropriate place, provided notice is given to the
Employers and the Project Manager by the Union.
(e) Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Building Awards, Enterprise 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.
(a) Rights of the
Delegate
(i) The parties
acknowledge it is the sole right of the Union and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the Union at the site.
(ii) The delegate
shall have the right to approach or be approached by any employee of the
employer to discuss industrial matters with that employee during normal working
hours.
(iii) The delegate
shall have the right to communicate with members of the Union in relation to
industrial matters without impediment by the employer. Without limiting the usual meaning of the
expression "impediment", this provision applies to the following
conduct by an employer:
moving a delegate to a workplace or work situation
which prevents or significantly impedes communication with members;
changing a delegate’s shifts or rosters so that
communication with workers is prevented or significantly impeded;
disrupting duly organised meetings.
(iv) The delegate
shall be entitled to represent members in relation to industrial matters at the
workplace, and without limiting the generality of that entitlement is entitled
to be involved in representing members:
at all stages in the negotiation and implementation of
enterprise agreements or awards or other industrial instruments;
the introduction of new technology and other forms of
workplace change;
Career path, reclassification, training issues; and to
initiate discussions and negotiations on any other matters affecting the
employment of members.
Ensuring that workers on site are paid their correct
wages, allowances and other lawful entitlements.
To check with relevant industry schemes so as to ensure
that superannuation, long service leave and redundancy has been paid on time.
(v) In order to assist
the delegate to effectively discharge his or her duties and responsibilities,
the delegate shall be afforded the following rights:
the right to reasonable communication with other
delegates, union officials and management in relation to industrial matters,
where such communication cannot be dealt with or concluded during normal breaks
in work;
at least 10 days paid time off work to attend relevant
Union training courses/forums;
paid time off to attend meetings of delegates in the
industry, as authorized by the relevant union.
(vi) The employer of
a delegate shall provide to the delegate the following:
a lockable cabinet for the keeping of records;
a lockable notice board for the placement of Union
notices at the discretion of the delegate;
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.
(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.
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:
(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;
(b) Supply all
employees with a union application form at the same time as employees are
provided with their taxation declaration form;
(c) Provide the
union with access to talk to new employees at induction training;
(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:
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on site and will
be replaced as a result of fair wear and tear, provided they are produced to
the Employer as evidence.
(b) Clothing
Two sets of protective clothing (combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year as a result of fair wear and tear, provided they are produced
to the Employer as evidence.
(c) Jackets
Each person, after accumulated employment on site of
152 hours shall be eligible to be issued with warm bluey jacket or equivalent,
which will be replaced once per calendar year on a fair wear and tear basis.
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 the Labor Council of NSW to be provided with a list of Australian
Manufacturers who do not use illegal or exploited labour in the manufacture of
their work clothes
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 Taragon
Constructions 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:
(a) All Employees will
report injuries to the project first aider and their supervisor at the earliest
possible time after the injury.
(b) All Employees
will comply with the requirements for making a workers compensation claim,
including the provision of a Workcover medical certificate, at the earliest
possible time after the injury. This
information will also be supplied to the project first aid officer, and the
employee’s supervisor.
(c) In cases where
the Employee is unable to comply with the above, the relevant employer will
assist in fulfilling requirements for making a claim.
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:
(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;
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 Taragon
Constructions 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:
(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.
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
(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 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
(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
(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.
24.4 Time-off in
Lieu of Payment for Overtime
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph 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.
24.5 Make-up Time
(a) An Employee
may elect, with the consent of the Employer, to work "make up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award at
the ordinary rate of pay.
(b) An Employee on
shift work may elect, with the consent of the Employer, to work "make up
time" (under which the Employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been
applicable to the hours taken off.
24.6 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.
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 SHUTDOWN CALENDAR 2005
Friday April 22
|
RDO (fixed)
|
Saturday April 23
|
No Work Saturday
|
Sunday April 24
|
No Work Sunday
|
Monday April 25
|
No Work Public
Holiday
|
|
|
Monday May 23
|
RDO (flexible)
|
|
|
Saturday June 11
|
No Work Saturday
|
Sunday June 12
|
No Work Sunday
|
Monday June 13
|
No Work Public
Holiday
|
Tuesday June 14
|
RDO (fixed)
|
|
|
Monday July 11
|
RDO (flexible)
|
|
|
Monday September 5
|
RDO (flexible)
|
|
|
Saturday October 1
|
No Work Saturday
|
Sunday October 2
|
No Work Sunday
|
Monday October 3
|
No Work Public
Holiday
|
Tuesday October 4
|
RDO (fixed)
|
|
|
Monday October 24
|
RDO (flexible)
|
|
|
Monday November 21
|
RDO (flexible)
|
|
|
Saturday December 3
|
No Work Saturday
|
Sunday December 4
|
No Work Sunday
|
Monday December 5
|
No Work Union Picnic Day
|
Tuesday December 6
|
RDO (fixed)
|
|
|
Friday December 23
|
RDO (fixed)
|
Monday December 26
|
Public
Holiday
|
Tuesday December 27
|
Public
Holiday
|
SITE SHUTDOWN
CALENDAR 2006
Monday January 2
|
Public Holiday
|
|
|
Thursday January 26
|
No Work Public
Holiday
|
Friday January 27
|
RDO (fixed)
|
Saturday January 28
|
No Work Saturday
|
Sunday January 29
|
No Work Sunday
|
|
|
Monday February 27
|
RDO (flexible)
|
|
|
Monday March 27
|
RDO (flexible)
|
|
|
Friday April 14
|
No Work Public
Holiday
|
Saturday April 15
|
No Work Saturday
|
Sunday April 16
|
No Work Sunday
|
Monday April 17
|
No Work Public
Holiday
|
|
|
Saturday April 22
|
No Work Saturday
|
Sunday April 23
|
No Work Sunday
|
Monday April 24
|
RDO (fixed)
|
Tuesday April 25
|
No Work Public
Holiday
|
|
|
Monday May 22
|
RDO (flexible)
|
|
|
Saturday June 10
|
No Work Saturday
|
Sunday June 11
|
No Work Sunday
|
Monday June 12
|
No Work Public
Holiday
|
Tuesday June 13
|
RDO (fixed)
|
|
|
Monday July 17
|
RDO (flexible)
|
|
|
Monday August 14
|
RDO (Flexible)
|
|
|
Monday September 11
|
RDO (flexible)
|
|
|
Saturday September 30
|
No Work Saturday
|
Sunday October 1
|
No Work Sunday
|
Monday October 2
|
No Work Public
Holiday
|
Tuesday October 3
|
RDO (fixed)
|
|
|
Monday November 6
|
RDO (flexible)
|
|
|
Saturday December 2
|
No Work Saturday
|
Sunday December 3
|
No Work Sunday
|
Monday December 4
|
No Work Union Picnic Day
|
Tuesday December 5
|
RDO (fixed)
|
|
|
Monday December 25
|
Public
Holiday
|
Tuesday December 26
|
Public
Holiday
|
|
|
Friday 29 December
|
RDO (flexible)
|
SITE SHUTDOWN
CALENDAR 2007
Monday January 01
|
Public
Holiday
|
|
|
Friday January 26
|
No Work Public
Holiday
|
Saturday January 27
|
No Work Saturday
|
Sunday January 28
|
No Work Sunday
|
Monday January 29
|
RDO (fixed)
|
|
|
Monday February 26
|
RDO (flexible)
|
|
|
Monday March 26
|
RDO (flexible)
|
|
|
Friday April 6
|
No Work Public
Holiday
|
Saturday April 7
|
No Work Saturday
|
Sunday April 8
|
No Work Sunday
|
Monday April 9
|
No Work Public
Holiday
|
Tuesday April 10
|
RDO (fixed)
|
|
|
Wednesday April 25
|
Public Holiday
|
|
|
Monday April 30
|
RDO (flexible)
|
|
|
Monday May 21
|
RDO (flexible)
|
|
|
Saturday June 9
|
No Work Saturday
|
Sunday June 10
|
No Work Sunday
|
Monday June 11
|
No Work Public
Holiday
|
Tuesday June 12
|
RDO (fixed)
|
|
|
Monday July 16
|
RDO (flexible)
|
|
|
Monday August 13
|
RDO (flexible)
|
|
|
Monday September 10
|
RDO (flexible)
|
|
|
Saturday September 29
|
No Work Saturday
|
Sunday September 30
|
No Work Sunday
|
Monday October 1
|
No Work Public
Holiday
|
Tuesday October 2
|
RDO (fixed)
|
|
|
Monday November 5
|
RDO (flexible)
|
|
|
Saturday December 1
|
No Work Saturday
|
Sunday December 2
|
No Work Sunday
|
Monday December3
|
No Work Union Picnic Day
|
Tuesday December 4
|
RDO (fixed)
|
|
|
Tuesday December 25
|
Public
Holiday
|
Wednesday December 26
|
Public
Holiday
|
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:
Taragon Constructions and any subcontractors engaged by
Taragon Constructions 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
Authority to obtain details of work rights from DIMA
Employee Details
|
|
Employer/Labour Supplier Details
|
(As specified in passport or other identify
|
|
|
|
document)
|
|
|
|
|
|
|
|
Family Name:
|
|
Business Name:
|
|
|
|
|
|
|
|
Given Name(s):
|
|
|
|
|
|
|
|
Business Street Address
|
Other Name(s) used (eg maiden name)
|
|
|
|
|
|
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:
|
|
named employer/labour supplier and a
|
|
|
representative of a principal contractor and
|
|
Fax:
|
|
authorised trade union officer on request.
|
|
|
|
|
Note that the employee's work rights status will
|
I understand that these details are held by
|
|
be sent directly to the fax number given above.
|
DIMA on departmental files and computer
|
|
Please ensure that this number is correct.
|
systems. I also
understand that the employer/
|
|
|
labour supplier will use this
information for the
|
|
|
purposes of establishing my
legal entitlement to
|
|
The completed form should be faxed to
|
work in Australia, and for no other purpose.
|
|
1800 505 550
|
|
|
|
Employee Signature:
|
|
If all details match with our records, the
|
|
|
employee's work rights status will be faxed to
|
|
|
you within one working day.
|
Date:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Appendix B
CLASSIFICATIONS
COVERED BY THIS PROJECT AWARD
Those classifications covered by the following Awards:
Federal Awards
National Building and Construction Industry Award 2000
National Metal and Engineering On-Site Construction Industry
Award 1989
Plumbing Industry (New South Wales) Award 1983
Sprinkler Pipe Fitters Award 1975
Mobile Crane Hire Award 1996
National Joinery and Building Trade Products Award 1993
Security Industry (New South Wales) Award 1999
State Awards
General Construction and Maintenance, Civil and Mechanical
Engineering (State) Award
Building and Construction Industry (State) Award
Electrical, Electronic and Communications Contracting
Industry (State) Award
Plant, Operators on Construction (State) Award
Plumber and Gasfitters (State) Award
Joiners (State) Consolidated Award
Transport Industry (State) Award 2003
Metal, Engineering and Associated Industries (State) Award
Security Industry (State) Award
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.