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New South Wales Industrial Relations Commission
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PROJECT WARATAH CONSTRUCTION CONSENT AWARD 2005
  
Date07/29/2005
Volume352
Part5
Page No.1010
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C3736
CategoryAward
Award Code 1127  
Date Posted07/28/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1802)

SERIAL C3736

 

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.

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