PROJECT WARATAH CONSTRUCTION CONSENT AWARD 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Industry Group New South Wales Branch, an industrial organisation and
State Peak Council for Employers.
(No. IRC 1354 of 2005)
Before Commissioner
Connor
|
5 April 2005
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Objectives
3. Definitions
4. Application
and Industry Awards
5. Duration
6. Industry
Standards
6.1 Superannuation and Redundancy
6.2 Top Up/24 Hour Income Protection Insurance
6.3 Project Site Allowance
6.4 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 Formwork Safety
7.6 Temporary Power/Testing and Tagging
7.7 Crane Safety
8. Dispute
Resolution
8.1 Employer Specific Disputes
8.2 Project Wide Disputes
8.3 Procedure for Settling Disputes over Safety Issues
8.4 Demarcation Disputes
8.5 On Site Register
8.6 Procedures to prevent Disputes Regarding Non- Compliance
9. Productivity Initiatives
9.1 Learning Initiatives
9.2 Inclement Weather
9.3 Rostered Days Off
9.4 Maximising Working Time
9.5 Ordinary Hours of Work
10. Immigration
Compliance
11. Long
Service Compliance
12. No Extra
Claims
13. No
Precedent
14. Single
Bargaining Unit
15. Union
Rights
15.1 Visiting Union Officials
15.2 Workplace Delegates
15.3 Union Membership
16. Australian
Content
17. Protective
Clothing
18. Workers
Compensation and Insurance Cover
19. Apprentices
20. Training
and Workplace Reform
21. Project
Death Cover
22. Anti-Discrimination
23. Personal/Carers
Leave
23.1 Use of Sick Leave
23.2 Unpaid Leave for Family Purpose
23.3 Annual Leave for Personal/Carers Leave
23.4 Time-off in Lieu of Payment for Overtime
23.5 Make-up Time for Personal/Carers Leave
23.6 Rostered days off for Personal Carers Leave
24. Bereavement
Leave
25. Project
Close-Down Calendar
26. Leave
Reserved
Annexure A - Parties
Annexure B -
Immigration Compliance
Annexure C - Map of
Project
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:
2.1.1 Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
2.1.2 Continued
development of communication processes which facilitate participation by all
Employers, Employees and Unions together with the community
2.1.3 Introduction of
new technology and associated change to enhance productivity;
2.1.4 Improved
quality of work;
2.1.5 Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction.
2.1.6 Provision of
high standards of occupational health & safety on the Project;
2.1.7 Improved impact
of the Project on the environment;
2.1.8 Implementation
of this Award, and compliance with all relevant statutory provisions;
2.1.9 Elimination of
unproductive time;
2.1.10 Improved
compliance by subcontractors with the provisions of applicable Industry Awards
and/or enterprise agreements and legislative requirements;
2.1.11 Improved
wages and conditions for all employees working on the project;
2.1.12 Increased
leisure time for employees by eliminating excessive hours of work;
2.1.13 Enhancing
job opportunities for persons who have a legal right to work including persons
who wish to take on apprenticeships or traineeships;
2.1.14 Encourage
all employers to have Enterprise Agreements with the relevant Union or Unions;
2.1.15 Commitment
of the Parties to avoiding industrial action on the Project;
2.1.16 Recognition
that the Project stands alone and shall not be used as a precedent;
3. Definitions
"Award" means Project Waratah Construction Consent
Award 2005 made between the Parties.
"Contractor" means any company, contractor or
sub-contractor engaged to do on-site Project Work.
"Company" means BlueScope Steel Limited or it’s
successor
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by a Contractor
and who performs work on the Project.
"Employer" means any Contractor engaged to work on
the Project.
"Enterprise Agreement" means an agreement
registered or 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).
"Industry Award" shall mean the relevant awards of
the Industrial Relations Commission of New South Wales or Australian Industrial
Relations Commission.
"Parties" means Bluescope Steel Limited, Employers
and the unions referred to in Annexure A.
"Practical Completion" means the completion of
Project Work up to major contract package completion and pre-commissioning such
that the facility or part of the facility is ready to accept input material. At
this point the operations manager takes responsibility for the operation of the
plant from the Project Manager.
Items of plant, equipment or areas related to the Project
and/or any of the systems utilised during the construction phase may be
accepted by the Company upon completion at any time during the course of the
construction project. Such items shall,
subject to this clause be deemed to pre‑commissioned for the purpose of
this construction site Award with the result that the Company’s employees may
at that time involve themselves with the use and operation of such equipment
and facilities.
It is the responsibility of the Project Manager to issue a
statement of practical completion to the Contractor. Any items of work embraced
by the above provisions of this clause shall be clearly identified by area or
by other means (such as tags).
Subsequent to such identification or such areas, equipment, systems,
facilities, etc. will become the responsibility of the Company’s operations.
"Project" means the construction works within the
area or areas within the Project Waratah shown as the project site on the map
in Schedule 3.
"Project Manager" shall mean the BlueScope Steel
appointed manager for the design and construction phases of the Project.
"Project Work" means site construction work (as
defined by the coverage of Industry Awards) carried out under construction
packages managed by the Project Manager of the Project Waratah, NSW. The following activities are not considered
Project Work under this Award.
Commissioning activities by the Company and the Project
Manager’s personnel.
Any operational and maintenance related activities
undertaken by the Company’s operating team.
Any off-site work related activities.
"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.
"Works Package" shall mean the construction
package covered by an individual contract managed by the Project Manager.
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 the
Company engages Contractors, it shall make it a condition of any contract that it
enters into with its Contractors that they will not employ or otherwise engage
persons on wages and conditions, which are less favourable than those set out
in this 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 to co-exist within the terms of existing
Enterprise Agreements and Industrial Awards and it’s 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 from the first pay period commencing on or after 5 April 2005.
5.2 This Award
shall continue to operate and bind all Parties for 36 months or until practical
completion of the Project or whichever occurs first.
6. Industry Standards
6.1 Superannuation
and Redundancy
6.1.1 Employer
contributions shall be a minimum of $100.00 per week or in accordance with the
Superannuation Guarantee Legislation, whichever is the greater. This amount
will increase to a minimum of $110.00 per week from January 2006.
Employer contributions for Apprentices shall be a
minimum of $50.00 per week or in accordance with the Superannuation Guarantee
Legislation whichever is the greater. This amount will increase to a minimum of
$55.00 per week from January 2006.
6.1.2 The Employers
will make a contribution of $61.00 per week into ACIRT or MERT or other schemes
approved by the Parties. Employees agree to contribute $1.00 of their weekly
ACIRT contribution to the Construction Industry Drug and Alcohol Foundation.
Employers will make a contribution of $40.00 per week
for Apprentices into ACIRT or MERT or other schemes approved by the Parties.
6.2 Top Up/24 Hour
Income Protection Insurance
6.2.1 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. It is acknowledged that
current employer contributions are approximately $60 per month per employee for
this Consent Award.
6.3 Project
Productivity Allowance
A project allowance of $2.00 shall be paid to employees
for each hour worked on the project. As
at January 1 2006, the project allowance will increase to $2.20 per hour worked
on the project. This allowance shall be paid as a flat rate amount for each
hour worked and shall not attract any premium or penalty. This Project Productivity Allowance is in
recognition of all conditions on the project site and the work to be performed.
6.4 Transport
Drivers
6.4.1 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 Industry
Award or Enterprise Agreement rate of remuneration, any applicable Project Site
Allowance, provided that the driver has had a regular involvement of two (2)
hours or more on any day with the project.
6.4.2 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.
6.4.3 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
7.1.1 Prior to the
commencement of work on site, all project employees may be required to attend
and undertake the following induction sessions:
Construction Industry Advisory Board (NSW) General
Induction (Greencard).
BlueScope Steel Project Waratah Site Induction
(Compulsory unless accompanied at all times by an inducted person). Employees
will have to demonstrate a clear understanding of the issues raised in the
induction, prior to beginning actual work.
For transport workers, the NSW Transport and Distribution
Competency Based Training System Certification (Blue Card).
7.1.2 Officials of
the signatory Parties may attend these sessions.
7.1.3 Inductions are
primarily concerned with the safety of the individual employee and will
emphasise their responsibility to work in a manner that does not endanger
either themselves or others. Other information the inductions will provide
includes:
The scope, purpose and anticipated duration of the
project.
This Award and how it governs the contract of employment
of each employee.
Compliance with the requirements for legislative,
employer, employee and environmental standards.
The cooperative objectives of this Award.
The specific dispute resolution procedures of this
Award.
7.2 Environment,
Health and Safety Plans
7.2.1 All Employers
must submit an environment, health safety and rehabilitation management
plan. These plans shall in general
comply with the Project Managers Environmental and Safety Management Plans and
shall include evidence of:
Risk assessment of their works.
Hazard identification, prevention and control.
Planning and re-planning for a safe working
environment.
Industry and trade specific induction of Employees.
Monitoring performance and improvement of work methods.
Reporting of all incidents/accidents.
Compliance verification; and
Regular EHS&R meetings, inspections and audits of
the Project.
7.3 The Safety
Committee
7.3.1 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 an approved
provider.
7.4 Safety
Procedures
7.4.1 The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
7.4.2 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) may implement disciplinary action against the Employer or
Employee which may include taking all steps required to remove the Employer or
Employee from the Project.
7.4.3 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.
7.4.4 Safety issues
disputes shall be resolved in accordance with the procedures outlined in Clause
8.3.
7.5 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, WorkCover NSW or other agreed provider
will be contacted to assess the qualifications of the relevant employee
Furthermore, all Contractors engaged on site to perform work shall fully comply
with AS 3610 Formwork for Concrete.
7.6 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 suitably qualified tradespersons.
Testing and tagging is to be carried out only by qualified electrical
tradesperson.
7.7 Crane Safe
The Parties acknowledge that certification of mobile
cranes to the NSW WorkCover Regulations and to Australian Standard AS 2550, is
mandatory on this Project. Certification of mobile cranes by Cranesafe
Australia (NSW) or another approved agreed Crane accreditor is appropriate.
All mobile cranes engaged by a Contractor on Project
Waratah will be required to be certified prior to the date of commencement of
the crane on the project, be valid for the duration on the project site and
display the certification sticker and 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 Employee(s) or their representative
Union, the following procedure will be adopted:
8.1.1 Discussion
between those directly affected;
8.1.2 Discussion
between site management representatives of the Employer and the Union delegate;
8.1.3 Discussion
between site management representatives of the Employer and the Union
organiser;
8.1.4 Discussion
between senior management of the Employer, the Project Manager and the
appropriate Union official;
8.1.5 Discussion
between the Secretary of the relevant Union (or nominee) and the Project
Managers senior management (or nominee);
8.1.6 If the dispute
is not resolved after step 8.1.5, Parties to the Award may notify the dispute
to the Industrial Relations Commission of New South Wales, and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to it’s powers set out in the Industrial Relations Act 1996 (NSW). BlueScope Steel may seek to intervene in
these NSWIRC proceedings;
8.1.7 Work shall
continue without interruption or dislocation whilst the above procedure is
followed 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:
8.2.1 Discussion
between those directly affected;
8.2.2 Discussion
between site management representatives of the Contractor and the Union
delegate;
8.2.3 Discussion
between site management representatives of the Contractor and the Union
organiser;
8.2.4 Discussion
between senior management of the Contractor and the appropriate Union official;
8.2.5 Discussion
between the Secretary of the relevant Union (or nominee), the senior management
of the Contractor and Australian Industry Group;
8.2.6 If the dispute
is not resolved after step 8.2.5, Parties to the Award may notify the dispute
to the Industrial Relations Commission of New South Wales, and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to it’s powers set out in the Industrial Relations Act 1996 (NSW).
BlueScope Steel may seek to intervene in these NSWIRC proceedings;
8.2.7 Work shall
continue without interruption or dislocation whilst the above procedure is
followed concerning the dispute.
8.3 Procedure for
Settling Disputes over Safety Issues
8.3.1 Where a safety
problem exists, work shall cease only in the affected area. Work shall continue
elsewhere unless access to safe working areas is unsafe. However, any problem
of access shall be immediately rectified and Employees/workers will use any
alternate safety access to such safe working areas while the usual access is
being rectified.
8.3.2 Should a
particular project be in dispute on the basis that the whole project is thought
to be unsafe, the following procedures shall apply:
Employees shall not leave the site but shall assemble
at the nominated muster point.
Immediate inspection of the project involving both
Company and Employee representatives shall take place.
The Project Manager will nominate the order of priority
of the work areas to be inspected.
The inspection shall identify the safety rectification
work needed to take place in each work zone.
As zones are agreed for rectification, all
employees/workers who can be gainfully employed shall immediately commence
rectification works.
Upon verification that such rectification has been
completed, productive work will resume. Such resumption of work shall take
place progressively as each work area has been cleared.
Should any dispute arise then the Project Manager may
call a Work Cover Inspector to assist on the procedures required for
rectification.
8.4 Demarcation
Disputes
8.4.1 It is
recognised by the Parties to this Award that because of the nature of this
project (i.e. the mix of work, size of the total work area and location
involved), there is a genuine need to have in place a mechanism capable of swiftly
dealing with demarcation issues as they arise.
8.4.2 In the event
that a dispute arises which cannot be resolved between the relevant Union, the
Unions agree to the following dispute settling procedures:
Work shall continue without disruption or dislocation
during discussions and resolution of the dispute.
Discussion between Unions NSW and the Unions to try to
resolve the dispute.
If the dispute is not resolved after this step, either
Union may notify the dispute to the Industrial Relations Commission of New
South Wales and request that the Commission resolve the dispute pursuant to its
powers set out in the Industrial Relations Act 1996 (NSW).
8.5 On Site
Register
8.5.1 The Project Manager
will require that all contracts with Contractors include the following terms
and conditions:
That all Contractors shall have contracts in writing,
and;
That this Award shall form part of the conditions of
such contracts, and bind all such Contractors and sub-contractors, and
That sub-contractors will be required to meet, in
addition to the requirements of this Award, all statutory, Industry Award and
legal obligations for their employees.
8.5.2 The Project
Manager shall instruct each Contractor to keep, on site a register containing
information of every employer and employee engaged on the site. Each Contractor
shall supply a copy to the Project Manager.
8.5.3 The Register
shall contain the following from Employees:
Name and address of Employee.
Classification and Certificate details.
Induction date.
Start Date on Construction Site
Union ticket number
Superannuation scheme name and employee number
Long Service Leave Number
Uplus or equivalent Number
Green Card Number
Blue Card Number
Emergency Contact
8.5.4 This
information, certified as correct to their employer, will be supplied prior to
the employee commencing work on site. Contractors will pass the information to
the Project Manager.
8.5.5 Failure to
comply with this clause may result in employees being removed from the Project.
8.5.6 The Register
shall contain the following information from employers:
Registered business name and address of employer and
ABN number.
Workers Compensation Policy Number, Underwriter and
Currency Certificate.
Rehabilitation Provider
Public Liability Policy Number, Underwriter and
Currency Certificate.
Superannuation Fund Name and employer number.
Long Service Leave employer number.
Redundancy, Trust name and employer number.
Uplus or equivalent Number.
8.5.7 This
information, certified as correct and current, shall be provided to the Project
Manager prior to the commencement of work on site by an Employer/Contractor.
8.5.8 Failure to comply
with this clause may result in employer being removed from the Project.
8.5.9 A copy of these
Registers will be available on request to an accredited trade union officer or
site delegate.
8.5.10 The
Union delegate or Union official shall advise the Project Manager if they
believe some information on the Register is not correct.
8.5.11 Any
dispute concerning non-compliance shall be resolved in accordance with the
dispute settling procedures of this Award.
8.5.12 In
the event that it is established that a Contractor is making all-in-payments to
employees on the project then the Contractor shall be required to pay the
all-in-payment rate of pay to those employees on the project and in addition
shall be required to make all other payments to those employees as provided by
this Award.
8.6 Procedures to
Prevent Disputes Regarding Non Compliance
8.6.1 Where
non-compliance by a Contractor is suspected, the Project Manager will provide
the accredited project delegate(s) with evidence of compliance by the Contractor
companies for superannuation, redundancy and extra insurance to ensure payments
for employees have been made as required.
The Project Manager will provide the Project Delegate(s) with evidence
of compliance that the employer has 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 the Employer 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.
8.6.2 Each Contractor
engaged on site will be specifically advised and monitored in respect of payroll
tax and required to comply with their lawful obligations.
8.6.3 In accordance
with Section 127 of the Industrial Relations Act of NSW, Section 175(b)
of the Worker’s Compensation Act 1987 or Part 5B s1G-31J of the Payroll Tax
Action 1971 the Project Manager will obtain all applicable Contractor’s
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.
8.6.4 The Union delegate
or Union official shall advise the Project Manager if they believe the
information which has been provided by the Contractor is not correct.
8.6.5 Any dispute
concerning non-compliance shall be resolved in accordance with the dispute
settling procedures of this Award.
9. Productivity
Initiatives
9.1 Learning
Initiatives
Each Employer shall be required to demonstrate to
Project Waratah management implementation of commitment to skill enhancement
and workplace reform while working on the Project.
9.2 Inclement
Weather
9.2.1 The Parties to
this Award will collectively proceed towards the minimisation of lost time due
to inclement weather.
9.2.2 Further the
Parties are bound to adopt the following principles with regards 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 Employees skill, competence and
training consistent with the relevant classification structures (provide that
the Employer shall provide transport to such unaffected site or area where
necessary).
iii) Where the
initiatives described in (ii) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and participation
in learning; planning and reprogramming of the Project.
9.2.3 All Parties are
committed to an early resumption of work following any cessation of work due to
inclement weather.
9.2.4 The Parties
agree the practice of "one out, all out" will not occur.
9.3 Rostered Days
Off
9.3.1 Subject to
Clause 25 a procedure for the implementation of Rostered Days Off (RDO’s) will
be agreed on the Project. The purpose of which is to:
i) Increase the
quality of working life for Employees
ii) Enable the
Employer to meet his contractual obligations; and
iii) Increase the
productivity of the Project.
9.3.2 A roster of
RDO's will be prepared, following consultation with the workforce and Parties
to this Award.
9.3.3 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.
9.4 Maximising
Working Time
9.4.1 The Parties
agree that crib and lunch breaks may be staggered for Employees so that work
does not cease during crib and lunch.
There will be no unreasonable interruption of the comfort of employees
having lunch with the amenities to be maintained in a clean and hygienic state
at all times.
9.5 Ordinary Hours
of Work
Ordinary hours for day work may be worked at the
discretion of the employer between 6.00am and 6.00pm Monday to Friday. However, ordinary hours may commence from
5.00am by agreement between the Employer and Employee.
10. Immigration Compliance
10.1 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 Bluescope Steel Limited of the importance
of immigration compliance. Where there
is concern that illegal immigrants are being engaged by a Contractor on the
Project, the Project Manager will act decisively to ensure compliance.
10.2 Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorisation
form attached to this Award as per Appendix B will assist in providing evidence
of the employee’s legal status.
11. Long Service
Compliance
If applicable, and in accordance with the NSW Building and
Construction Industry Long Service Leave Act, no Employee will be
engaged on site unless he or she is a worker registered with the NSW Long
Service Payments Corporation. All
Employers (if applicable) engaged on site will be registered as employers in
accordance with the NSW Building and Construction Industry Long Service
Payments Act and will strictly comply with their obligations.
12. No Extra Claims
No claims for wages or conditions in excess of this Award
during its period of operation will be made.
No employee shall be entitled to seek conditions in addition
to those provided by this Award on the basis that any other employee has
received the benefit of provisions of an Enterprise Agreement that provides better
benefits than this Award.
13. No Precedent
The Parties agree not to use this Award as a precedent and
that this Award will in no way create a claim for flow-on of on-site wage rates
and conditions.
14. Single Bargaining
Unit
This Award was negotiated by Unions NSW on behalf of the
Unions and by BlueScope Steel in their own right and on behalf of Contractors
to be engaged on the project.
15. Union Rights
15.1 Visiting Union
Officials
15.1.1 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.
15.1.2 Accredited
Union Officials will have access to the site in accordance with the relevant
State or Federal Legislation.
15.1.3 Prior
to entry to the Project Site all Union Officials exercising their right of
entry will report to the Project Manager’s office. Union Officials will be subject to the Site Access Procedures
which requires, amongst other things, that any person who has not completed the
site induction cannot enter or move around the site unless accompanied at all
times by someone who has been fully inducted.
15.2 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.
15.2.1 Rights
of the Delegate
i) The Parties
acknowledge it is the sole right of the Union(s) and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the Union(s) at the site.
ii) The delegate shall
have the right to approach or be approached by any employee of the Contractor
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 Contractor. 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 that
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 Industry 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.
Time off to attend meetings of delegates in the
industry, as authorized by the relevant Union.
Up to 10 days paid time off work to attend relevant Union
training programs.
vi) The employer
of a delegate shall provide to the delegate the following:
A lockable cabinet for the keeping of records.
Access to a meeting room.
Use of the telephone for legitimate union business.
vii) Time off shall
be provided to a delegate where required to attend any Court or Industrial
Tribunal proceedings relating to industrial matters at the project.
15.3 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:
15.3.1 Supply
all employees with a union application form at the same time as employees are
provided with their taxation declaration form.
15.3.2 Ensure
that all supervisors are trained in the provisions of the Project Award and the
employer’s policy on union membership.
16. Australian
Content
16.1 The Project
Manager shall endeavour to maximise Australian content in materials and
construction equipment on the Project where practical and feasible.
17. Protective
Clothing
17.1 Mandatory
Equipment
The following listed items of clothing and PPE are mandatory
whilst working on the project. All items will be provided by the employer
Safety footwear and safety helmets.
High visibility clothing and safety glasses along with
long trousers and long sleeve shirts.
Failure by an employee to use/wear safety equipment and
clothing may result in termination.
These items must be worn at all times as instructed
during the site induction process.
Helmets must not be painted, drilled or modified in any
way.
Damaged and/ or worn footwear and helmets will be replaced
on a fair wear and tear basis.
Where possible all items listed above should be legally
produced Australian made items.
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.
17.2 Job - Related
Equipment
The employer will supply the following protective
equipment/materials for use on specific work tasks:
Factor 30 protective sunscreen.
Hearing protection.
Gloves; Safety harnesses; Gumboots; Hat Brims; Dust
Masks.
Iced water.
In addition, one (1) pair of UV-rated safety glasses
which conform to AS 1337 will be provided to employees who are required to work
on reflective surfaces outdoors. Glasses
will be replaced on a fair wear and tear basis.
17.3 Clothing Issue
Protective clothing will be available to all employees
upon commencement with the project. Wherever practical the clothing will be
Australian made.
The protective clothing will be:
Two (2) shirts and two (2) pairs of trousers or;
Two (2) shirts and two (2) pairs of bib and brace
overalls.
Plus one (1) warm water-resistant jacket that will be
issued between 1 May and 1 September.
Electricians will be issued with a wool jacket in lieu thereof.
It is a condition of issue and of employment that the
issued equipment shall be worn whilst on site.
Replacement of issued equipment that is lost by the employee is the
responsibility of the employee.
Replacement of any articles shall be on a fair wear and
tear basis provided the worn out item
is produced for replacement.
Employees who receive their issue of PPE (clothing and
footwear) as part of their employer’s policy will not be entitled to additional
issues under this Clause.
In the event that protective clothing is not provided
by the employer (Contractor, sub-contractor or supplier of supplementary
labour) within 24 hours of commencement it will upon request, be provided by
the Project Manager who will charge the employer 125% of cost.
18. Workers
Compensation and Insurance Cover
18.1 Employers must
ensure that all persons that they engage to work on the project are covered by
workers compensation insurance.
18.2 The Project
Manager will audit 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 accredited Union
officials on request.
18.3 Employers and their
Employees must comply with the following steps to ensure expedited payment of
workers compensation.
18.4 All Employees
will report injuries to the project first aid and their supervisor at the
earliest possible time after the injury.
18.5 All Employees
will comply with the requirements for making a workers compensation claim,
including the provision of a Workcover medical certificate, at the earliest
possible time after the injury. This information will also be supplied to the
project first aid officer, and their supervisor.
18.6 In cases where
the Employee is unable to comply with the above, the relevant employer will
assist in fulfilling requirements for making a claim.
18.7 Employers must
ensure that they are aware of and will abide the Worker place Injury
Management and Workers Compensation Act 1998, which provide that:
The Employer shall keep a register of injuries /site
accident book in a readily accessible place on site.
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.
An Employer who receives a claim for compensation, must
within seven (7) days of receipt, forward the claim or documentation, to their
insurer.
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.
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.
18.8 Where there has
been a serious incident and/or accident that has resulted in a serious injury
or loss of life the employer shall notify the relevant Union immediately.
18.9 An Employer
shall notify the Project Manager immediately a Lost Time Injury (LTI) or if a
Medical Treatment Injury (MTI) occurs (this notification is expected to be
within two (2) hours of the incident occurring).
19. Apprentices
As part of the commitment to industry training, a ratio of
one apprentice/ trainee to every five tradespersons within each Employer’s overall
workforce is to be maintained.
20. Training and
Workplace Reform
The Parties are committed to achieving improvements in
productivity and innovation through cooperation and reform. Employers are expected
to demonstrate their commitment to develop a more highly skilled workforce by
providing their Employees with career opportunities through appropriate access
to training and removing any barriers to the use of skills acquired.
21. Project Death Cover
Each Employer will guarantee the beneficiary of any employee
who dies whilst directly working on the project will be paid a death benefit of
$25,000. Such benefit shall be paid
within fourteen days (14) 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.
22.
Anti-Discrimination
22.1 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.
22.2 This includes
discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
22.3 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the Parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with fulfilment of these obligations for the Parties to make application to
vary any provision of the Award, which, by its terms or operation, has a direct
or indirect discriminatory effect.
22.4 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.
22.5 Nothing in this
clause is to be taken to affect:
22.5.1 Any
conduct or act which is specifically exempted from anti-discrimination
legislation;
22.5.2 Offering
or providing junior rates of pay to persons under 21 years of age;
22.5.3 Any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1977;
22.5.4 A
party to this Award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
22.6 This clause
does not create legal rights or obligations in addition to those imposed upon
the Parties by legislation referred to in this clause.
23. Personal/Carers
Leave
23.1 Use of Sick
Leave
23.1.1 An
Employee, other than a casual employee, with responsibilities in relation to a
class of person set out in clause 23.1 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.
23.1.2 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.
23.1.3 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:
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.
23.1.4 An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the Employee to
give prior notice of absence, the Employee shall notify the Employer by
telephone of such absence at the first opportunity on the day of absence.
23.2 Unpaid Leave
for Family Purpose
23.2.1 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 23.1.3(ii) above who is ill.
23.3 Annual Leave
for Personal/Carers Leave
23.3.1 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.
23.3.2 Access
to annual leave, as prescribed in paragraph 23.3.1 above, shall be exclusive of
any shutdown period provided for elsewhere under this Award.
23.3.3 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.
23.4 Time-off in
Lieu of Payment for Overtime
23.4.1 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.
23.4.2 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.
23.4.3 If,
having elected to take time as leave in accordance with paragraph 23.4.1 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.
23.4.4 Where
no election is made in accordance with Paragraph 23.4.1, the Employee shall be
paid overtime rates in accordance with the award.
23.5 Make-up Time
for Personal/Carers Leave
23.5.1 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.
23.5.2 An
Employee on shift work may elect, with the consent of the Employer, to work
"make up time" (under which the Employee takes time off ordinary
hours and works those hours at a later time at a later time), at the shift work
rate, which would have been applicable to the hours taken off.
23.6 Rostered Days
Off for Personal/Carers Leave
23.6.1 An
Employee may elect, with the consent of the Employer, to take a rostered day
off at any time.
23.6.2 An
Employee may elect, with the consent of the Employer, to take rostered days off
in part day amounts.
23.6.3 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.
23.6.4 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.
24. Bereavement Leave
24.1 An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death in Australia of a
person prescribed in subclause 24.3 of this clause. Where the death of a person as prescribed by the said subclause
24.3 occurs outside Australia the employee shall be entitled to two days
bereavement leave where such employee travels outside Australia to attend the
funeral.
24.2 The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide, to the satisfaction of the employer, proof
of death.
24.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph 23.1.3, Personal/Carer s Leave, provided that for the purpose of
bereavement leave, the employee need not have been responsible for the care of
the person concerned.
24.4 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
24.5 Bereavement
leave may be taken in conjunction with other leave available under subclauses
23.2, 23.3, 23.4, 23.5 and 23.6. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
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.
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
Friday
|
March 25
|
Good Friday Public Holiday
|
Saturday
|
March 26
|
Easter Saturday Public Holiday
|
Monday
|
March 28
|
Easter Monday Public Holiday
|
Tuesday
|
March 29
|
RDO
|
|
|
|
Friday
|
April 22
|
RDO
|
Saturday
|
April 23
|
|
Sunday
|
April 24
|
|
Monday
|
April 25
|
ANZAC Day
|
|
|
|
Saturday
|
June 11
|
|
Sunday
|
June 12
|
|
Monday
|
June 13
|
Queen’s Birthday Public Holiday
|
Tuesday
|
June 14
|
RDO
|
|
|
|
Saturday
|
October 1
|
|
Sunday
|
October 2
|
|
Monday
|
October 3
|
Labor Day Public Holiday
|
Tuesday
|
October 4
|
RDO
|
|
|
|
Saturday
|
December 3
|
|
Sunday
|
December 4
|
|
Monday
|
December 5
|
Union Picnic Day
|
Tuesday
|
December 6
|
RDO
|
|
|
|
Thursday
|
December 22
|
RDO
|
Friday
|
December 23
|
RDO
|
Saturday
|
December 24
|
|
Sunday
|
December 25
|
|
Monday
|
December 26
|
Christmas Day Public Holiday
|
Tuesday
|
December 27
|
Boxing Day Public Holiday
|
The Parties are agreed that the Project Calendars for the years
2006 and 2007 will be settled by the Parties close to and consistent to the
dates provided for the year 2005.
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 paragraph 8.6.1 if an employer is
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
BlueScope Steel Limited
Contractors engaged on the project.
Unions NSW (The Labor Council)
Construction Forestry Mining and Energy Union New South
Wales Branch (CFMEU)
Electrical Trades Union of Australia (NSW Branch)
Transport Workers Union (TWU)
Automotive Food Metals Engineering Printing & Kindred
Industries Union (AMWU)
Australian Workers Union (AWU)
CEPU Plumbing Division (PGU)
Annexure B
Authority to Obtain
from DIMA Details of Immigration Status
I,
|
|
|
(Family name)
|
|
(Given name/s)
|
|
|
|
Date of birth:
|
|
Nationality:
|
|
|
|
Visa number:
|
|
Passport number :
|
|
|
|
authorise the Department of Immigration
and Multicultural Affairs (DIMA) to release by fax to
|
|
|
|
|
|
(Name of Employer
Representative)
|
|
Details of my immigration
status and entitlement to work legally in Australia.
|
|
This information will only be
made available to a representative of a principal contractor and authorised trade
|
union officer on request.
|
|
I also understand the
above-named will only use this information for the purpose of establishing
and verifying
|
only my legal entitlement to
work in Australia and for no other purpose.
|
|
|
|
Signed:
|
|
Dated:
|
|
|
|
Name of Employer:
|
|
|
|
|
|
Phone
|
|
Fax:
|
|
|
|
|
Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: 1800 040 070
Fax: 1800 505 550
Annexure C
Map of Project
NOTE: Document could not be reproduced for publication in New
South Wales Industrial Gazette - see file IRC 1354/2005).
P. J. CONNOR, Commissioner.
___________________
Printed by
the authority of the Industrial Registrar.