State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.433
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C3884
Award Code 1824  
Date Posted12/15/2005

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Application by Master Builders' Association of New South Wales an organisation of employers.


(No. IRC 2965 of 2005


Before The Honourable Justice Walton, Vice-President

24 June and 11 August 2005




Clause No.    Subject Matter


1.         Date of Operation

2.         Definitions

3.         Objectives

4.         Application

5.         Commitment

6.         Project Allowance

7.         Industry Standards

8.         Flexibility

9.         Project Close-Down Calendar

10.       Maximising Working Time

11.       Industry Convention

12.       Safety Dispute Settling Procedures

13.       Avoidance of Disputes - Grievance Procedures

14.       Shift Work

15.       Productivity Initiatives

16.       Anti-Discrimination

17.       Legal and Contractual Obligations of Contractors

18.       Project Monitoring Committee

19.       Training and Workplace Reform

20.       Long Service Compliance

21.       Induction

22.       Personal/Carers Leave

23.       Union Representation

24.       Protective Equipment

25.       Workers Compensation and Insurance Cover

26.       Immigration Compliance

27.       First Aid Facilities

28.       Inclement Weather

29.       Clothing

30.       Apprentices

31.       Mobile Crane Safety

32.       Not a Precedent

33.       No Extra Claims


ANNEXURE "A" - Classifications

ANNEXURE "B" - Project Closedown Calendar

ANNEXURE "B" - Project Closedown Calendar

ANNEXURE "C" - Authority To Obtain details of work rights from DIMIA


1.  Date of Operation


This Project Consent Award shall operate from 1 April 2005 to the Project Completion Date.


2.  Definitions


‘Award’ means this Windsor Road Upgrade Project Consent Award.


‘Classifications’ means those classifications of Employees in those awards referred to in Annexure "A".


‘Domestic Dispute’ means a dispute restricted to a disagreement between one single Employer and any of its Employees and which has no affect on the ability of any other Employer to perform its work.


‘Demarcation Dispute’ means a dispute between Employers, Unions and/or Employees over which Employees or Union members have the rights to carry out the disputed work.


‘Employee’ means a person engaged by an Employer under the terms of either an award or enterprise agreement, Federal or State, who performs Work On-Site in connection with a contract package or subcontract package for the Project.


‘Employer’ means Leighton and any Contractor or Subcontractor who performs Work On-Site.


‘Enterprise Agreement’ means an agreement certified under the Workplace Relations Act 1996 or approved under the Industrial Relations Act 1996 (NSW).


‘Leighton’ means Leighton Contractors Pty Limited.


‘Leighton Project Manager’ means the person nominated by Leighton from time to time as its most senior representative on the Project.


‘Managing Contractor’ means Leighton Contractors Pty Limited.


‘Parties’ means Employers, Unions NSW, Employees and their Unions.


‘Project Allowance’ means the allowance payable under Clause 6 of this Project Consent Award.


‘Project’ means the Windsor Road Upgrade Project being managed or constructed by Leighton.


‘Project Award’ means this Project Consent Award.


‘Project Completion Date’ means the date of practical completion agreed between Leighton and the client.


‘Project Dispute’ means a dispute over a matter, which affects more than one Employer and any of their Employees.


‘Safety Officer’ means the on-site safety advisor monitoring safety matters related to construction.


‘Shift Worker’ means any Employee engaged on the Project required to work shift work.


‘Subcontractor’ means an Employer who has been engaged to carry out Work On-Site in connection with a subcontract package of work.


‘Unions NSW’ means the Labor Council of NSW.


‘Unions’ means each of The Construction Forestry Mining and Energy Union (Construction and General Division), New South Wales Branch.  The Australian Workers’ Union Greater New South Wales Branch; The Electrical Trades Union of Australia, New South Wales Branch; The New South Wales Plumbers & Gasfitters Employees’ Union; Automotive, Food, Metals, Engineering, Printing and kindred Industries Union, New South Wales Branch; Transport Workers Union of Australia, New South Wales Branch.


‘Union Delegate’ means an Employee of any Employer elected to act as the representative Union Delegate for the Employees.


‘Work On-Site’ means all on-site construction work that is carried out on the project.


3.  Objectives


The Parties agree to continue to develop and implement the following objectives in respect of the following key areas on the Project:


(a)        Improve productivity by initiatives aimed at:


(i)         Communication, consultation and relationships between Employer, Employees and Unions


(ii)        Health and safety


(iii)       Training and skill formation


(iv)       Flexible workplace practices


(b)        Provide good wages and conditions to all Employees engaged on the Project.


(c)        Ensure that subcontractors comply with the provisions of this Project Award, Awards and/or Enterprise Agreements and legislative requirements.


(d)        Promote and implement improved work methods and productivity.


(e)        Promote compliance with the NSW Government Code Of Practice For Procurement


(f)         Complete the Project on time or earlier to quality requirements, and within budget.


(g)        Adopt a co-operative and non-adversarial approach to all industrial relations issues.


(h)        Assist in developing a harmonious relationship between Leighton, subcontractors, Unions and Employees in respect of this Project.


(i)         Ensure occupational health and safety on the Project is a priority for subcontractors, Unions and Employees.


(j)         Promote a work/life balance for Employees.


(k)        Implement forms of work organisation which encourage the use and acquisition of skills and continual learning.


(l)         Improve quality of work.


(m)       Increase the scope of subcontract work packages to promote genuine skill enhancement and acquisition by Employees.


(n)        Promote a career structure for all Employees based on skill enhancement, competencies and increased job satisfaction.


(o)        Provide quality facilities and amenities.


(p)        Provide a forum for dispute resolution between subcontractors, the Unions and Leighton.


(q)        Implementation of this Project Consent Award and compliance with all relevant statutory provisions.


(r)         Improve the environment.


(s)        Improved compliance by subcontractors with applicable awards and/or enterprise agreements and legislative requirements.


(t)         Enhancing job opportunities for persons who have a legal right to work including persons who wish to take on apprenticeships or traineeships.


(u)        Note that Union parties to this Project Award have an objective that Employers have an appropriate Enterprise Agreement in place.


Leighton will constantly seek improvements in safety, methods of production, work organisation, quality, and in other areas which will assist in the delivery of the Project on time and within budget.


The Parties to this Project Consent Award commit themselves to honour its terms and accept that subject to the proper consultation processes being followed, everyone will be expected to cooperate willingly to achieve the objectives of this Project Consent Award.


4.  Application


This Project Consent Award shall be known as The Windsor Road Upgrade Project Consent Award, and shall cover work carried out by Employees on the Project Site.


Subject to this Project Consent Award, where subcontractors are engaged on the Project, the relevant contractor shall make it a condition of any contract that the subcontractor must comply with this Project Consent Award.


This Project Consent 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.


This Project Consent Award is generally intended to supplement and co-exist within the terms of existing Enterprise Agreements and 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.


This Project Consent Award shall cover Work On-Site carried out by Employees who are covered by those awards referred to in Annexure A.  The terms of this Award will be observed by all Employers, Unions and Employees subject to the law until the expiry of the Award on the Project Completion Date.


All Employees shall be paid in accordance with the applicable award and or Enterprise Agreement that exists between each Employer and their Employees.


This Project Consent Award shall not apply to persons who are required as part of their normal duties to visit the site for the purpose of a pick up or a delivery or to carry out routine maintenance or repairs to on-site plant of a minor nature or for short durations.  This Award shall not apply to any off-site work.


This Project Consent Award does not apply to the following organisations, including but not limited to Roads and Traffic Authority of NSW, Sydney Water, Australian Water Technologies, AGL Gas Company (NSW) Limited, Telstra Corporation Limited, Visionstream Pty Ltd, Optus Communications, Energy Australia, Blacktown City Council or any other City Council in the proximity of the Windsor Road Project or to their Employees.  The only exception will be where any of the above companies, Government or Semi Government instrumentalities tender for work on the Project in competition to other contractors and are awarded a contract on that basis.


The Parties agree that if the State or Federal Government require Leighton to comply with any applicable Code and Guidelines on the Project (or generally), the Parties will do everything reasonably necessary to ensure that this Project Consent Award complies with the relevant Code and Guidelines as soon as is practicable.


5.  Commitment


The parties to the Windsor Road Upgrade Project Consent Award are committed to ensuring that:


(a)        The terms and conditions of the Project Consent Award lead to real gains in overall Project productivity and workplace efficiencies, without any reduction to health and safety standards;


(b)        The Avoidance of Disputes - Grievance Procedures provided in this Project Consent Award are strictly adhered to;


(c)        A culture that is committed to constructing a completed road of the highest quality workmanship is fostered.


6.  Project Allowance


The Parties agree that in recognition of implementing the productivity objectives and other initiatives outlined in Clauses 3 and 5, meeting construction programme requirements and the achievement of on time or early Practical Completion, a Project Allowance will be paid on the Project in accordance with this Clause 6.  Employees will be paid a Project Allowance which will be $1.75 per hour flat payment payable to all employees for hours worked on the Project.  The Project Allowance payable under this Consent Award shall be offset against any productivity payment that is paid under an individual Employer’s enterprise agreement provided that Employers enterprise agreement has a provision to offset that productivity payment.  Where there is no provision to offset that productivity payment paid under an individual Employers enterprise agreement the $1.75 per hour Project Allowance payable under this Consent Award shall be paid in full to Employees.  The Project Allowance shall be calculated on a "flat" hours worked basis only, and paid weekly, and shall not include any calculation of award or other entitlements (for example it will not be an "all purpose allowance" and will not attract any penalty or premium).


7.  Industry Standards


It is recognised by the Parties that the size, location and importance of the Project warrants the implementation of the following Project standards:




Employers will make superannuation contributions of $100 per week or 9% of each Employee’s ordinary weekly wage (whichever is the greater) in accordance with the Superannuation Guarantee Administration Act into a super fund nominated in the relevant industrial instruments (being C+BUS; NESS; STA, TWU or other schemes approved by the Parties) or in accordance with legislation.




The Employers will make a contribution of $62 per week into ACIRT or MERT or other schemes approved by the Parties.


Workers Compensation Top Up/24 Hour Accident Insurance


Each Employer will provide Workers Compensation Top-Up/24 Hour Accident Insurance with the U-Plus scheme or other similar scheme, up to a maximum cover of $1000 per week.


Project Mortality Cover


During the life of this Project Award, mortality cover of $25,000 will be provided for Employees in addition to any other payment.  In the event of an accident while working on the Project Site that results in the death of an Employee, a lump sum payment of $25,000 will be made to the next of kin of the Employee.


Transport Drivers


(a)        Employees - Rates of Pay


This Award does not apply to off site or purely incidental activities such as delivery of site materials or couriers, except for transport award drivers who are required to have a regular involvement with the Project Site in excess of two (2) hours per day, who will be paid, in addition to his/her Award or Enterprise Agreement rate of remuneration, the Project Allowance payable under Clause 6 of this Project Consent Award only.  All Contract Carriers/Lorry Owner Drivers are not entitled to any provision of this Project Consent Award.


(b)        Contract Carrier/Lorry Owner Driver


All Contract Carriers/Lorry Owner Drivers involved in the Transport Industry engaged on the Project to haul excavated materials shall be paid the rates of pay applicable under the Transport Industry Excavated Materials Contract Determination for the cartage of such materials to and from the site.


(c)        GST


Rates paid to contactor’s carriers, 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.


8.  Flexibility


The Parties are committed to flexibility of jobs and duties, and acceptance of improved work organisation which means unimpeded flexibility and interchangeability such that every individual Employee will perform any task that the Employee is competent to perform, provided that such tasks are safe, legal and logical and within the classification structure of their award or Enterprise Agreement and consistent with the scope of work on the Project of their Employer.


9.  Project Close-Down Calendar


For the purposes of this Project Award, the Parties agree that the calendar in Annexure "B" 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 the long weekends identified in the calendar, no work shall be carried out.


Provided, however, where there is an emergency or special client need, work can be undertaken on the weekends and adjacent RDO's as set out in the calendar, subject to the agreement of the appropriate union secretary or nominee.  In such circumstances reasonable notice (where possible) shall be given to the union.


10.  Maximising Working Time


The parties agree that to complete the Project on time it is necessary (and therefore it is the intent of this Award) that the time available for productive work must be maximized.  This will involve the use of overtime and shift work.


Crib and lunch breaks may be staggered for individual Employers and Employees so that work does not automatically cease during crib and lunch breaks.  Amenities and facilities will be maintained and cleaned regularly to ensure clean and comfortable facilities are available to Employees at all times.  Prior to the introduction of staggered crib and lunch breaks, agreement with the majority of Employees and the appropriate Union Delegate will be reached.


11.  Industry Convention


The Parties are aware of the convention of some Employers making payments or providing conditions to their Employees in excess of the relevant awards or Enterprise Agreement by private treaty for incentive purposes or for the purpose of attracting labour.


The Parties agree that they will not seek to change the terms of this Award as a result of a private treaty as described above nor will they seek redress from any Employer.


Subject to the State or Federal legislation nothing in this Clause represents an endorsement of "all in payments" or sham subcontract arrangements which are prohibited on the Project.


12.  Safety Dispute Settling Procedures


No Employee will be required to work in or on an unsafe area or process on the Project.  Where a safety problem has been identified by the safety committee, which prevents work from occurring in any area, work shall cease in the immediate affected area only.  Priority will be given to rectifying unsafe access areas.  If any access areas are unsafe, Employees will use alternative safe access.


Should a safety dispute arise over whether one or more work areas are safe or not, the following procedures shall apply:


(a)        Employees shall not leave the project unless directed to do so by their Employer in the event of an emergency;


(b)        Immediate inspection of the affected work areas will be carried out by both Leighton and Employee representatives of the relevant safety committee;


(c)        Leighton in conjunction with representatives of the safety committee will select the sequence of inspections of areas;


(d)        The inspection shall identify the safety rectification work required in each area;


(e)        As safety rectification work is agreed for each area, all relevant Employees shall immediately commence such rectification works;


(f)         Upon verification that such rectification has been completed; normal work will resume progressively in each area;


(g)        Should any dispute arise as to the rectification work required to any area, then Leighton will immediately call the designated WorkCover NSW Inspector to recommend the rectification work.  The WorkCover NSW inspector’s decision will be binding on all Parties.


Nothing in this Clause shall negate or contradict any obligations under the Occupational Health and Safety Act (NSW).


13.  Avoidance of Disputes - Grievance Procedures


It is a condition of employment and a fundamental requirement of this Project Award that all Parties to this Project Award observe this Clause in its entirety.


On all occasions, any issue, grievance or dispute over any matter between the Parties to this Project Award shall be settled in accordance with this procedure without resorting to industrial action.  This shall apply whether the matter in dispute relates directly to site employment or not, or whether it relates to a matter dealt with by this Project Award or a relevant award, or not.


Parties to this Project Award will not be disadvantaged by continuity of operations.  It is agreed that issues and disputes will be processed through Avoidance of Disputes - Grievance Procedures and where required, with the assistance of the Monitoring Committee.


The Parties shall use their best endeavours to prevent disputes arising on the Project.  In the event that a dispute does arise:


(a)        The status quo which existed prior to the dispute shall prevail and work shall continue without prejudice to any of the Parties;


(b)        The Parties shall use their best endeavours to resolve the dispute, using the relevant steps in the following procedures.


Procedures to Prevent Disputes Regarding Non-compliance


(a)        Leighton, in association with the accredited site Union delegate will check monthly payments of subcontractors’ companies engaged on site with respect to superannuation, redundancy and extra insurance to ensure payments for Employees have been made as required.  Leighton and the site delegate shall also check that Employers have not introduced arrangements such as and not limited to ‘all-in’ payments 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 Leighton will take immediate steps to ensure that any such arrangements are rectified and that any Employee affected by any such arrangement receives all statutory entitlements.


(b)        Each subcontractor engaged on site will be specifically advised and monitored in respect of payroll tax and are required to comply with their lawful obligations.


(c)        When an Employer receives a statement pursuant to Section 127(3) of the Industrial Relations Act of NSW they shall provide on request the Union delegate on site with a copy of such statement within 7 days.


(d)        The Union delegate or Union official shall advise Leighton if they believe the information which has been provided by the subcontractor is not correct.


(e)        Any dispute concerning non-compliance shall be resolved in accordance with this clause.


Domestic Disputes


In the event of a domestic Dispute the Parties will use their best endeavours to resolve the dispute as follows:


(a)        In the first instance, the Employee or Employees concerned and the immediate supervisor of the relevant Employer and if required, the Union Delegate shall endeavour to resolve the grievance or dispute;


(b)        If after step (a) the matter is not resolved, then the Employer’s senior management, and Union Delegate shall confer in an endeavour to resolve the dispute;


(c)        If after step (b) the matter is still not resolved, then the relevant Union secretary or nominee, the Employer’s senior management and the Leighton Project Manager, shall confer in an endeavour to resolve the dispute;


(d)        If after step (c) the matter remains unresolved, any of the Parties may notify a dispute to the Industrial Relations Commission but at the same time the Parties may continue to confer through the Unions NSW or the Monitoring Committee to try and resolve the dispute.


Project Dispute


In the event of a Project Dispute, the Parties will use their best endeavours to resolve the dispute in the following steps:


(a)        In the first instance, the most senior on-site manager of each Employer and its Union Delegate involved in the dispute will confer;


(b)        If after step (a), the matter is not resolved then a secretary of the relevant Union or nominee, the Leighton Project Manager, and the senior manager of the Employers involved shall confer in an endeavour to resolve the dispute;


(c)        If after step (b) the matter is still not resolved, the Employers or the Union(s) may notify a dispute to the Industrial Relations Commission but at the same time the Parties may continue to confer through the Unions NSW or the Monitoring Committee to try to resolve the dispute.


Demarcation Disputes


In the event of any demarcation dispute on the Project no stoppage or industrial action shall be taken over actual or potential demarcation issues and the genuine status quo shall apply.  The genuine status quo shall be the way the work had been allocated by the respective employer prior to the dispute.


In the event of such disputes arising the issues shall be resolved by reference to the Unions NSW in accordance with the ACTU guidelines for the resolution of demarcation disputes.  Should the matter not be resolved by the Unions NSW, the matter may be referred to the Industrial Relations Commission of New South Wales or the Australian Industrial Relations Commission.


Throughout the process referred to above, the work in question shall continue.


Project Award Disputes


In the event of a dispute concerning this Project Award the Parties to the dispute will use their best endeavours to resolve the dispute using the Award Disputes procedure.  Where the Parties to the dispute are unable to reach agreement the matters will be referred to the Industrial Relations Commission of NSW for determination.


14.  Shift Work


The Parties acknowledge that shift work will apply on the Project.  Employee’s required to work shift work will be paid the appropriate shift work loadings under the terms of the applicable award and/or enterprise agreement.


15.  Productivity Initiatives


Learning Initiatives


Each Employer shall comply with their workplace reform initiatives outlined in their Enterprise Agreement.


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.


16.  Anti-Discrimination


It is the intention of the Parties bound by this Project 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.


This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.


It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Project Award, the Parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Project 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 Project Award, which, by its terms or operation, has a direct or indirect discriminatory effect.


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.


Nothing in this clause is to be taken to affect:


(a)        Any conduct or act which is specifically exempted from anti-discrimination legislation;


(b)        Offering or providing junior rates of pay to persons under 21 years of age;


(c)        Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;


(d)        A party to this Project Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.


This clause does not create legal rights or obligations in addition to those imposed upon the Parties by legislation referred to in this clause.


17.  Legal and Contractual Obligations of Contractors


The Parties recognise that it is in the interests of sound industrial relations on the Project that Employers meet all their obligations including payment of employment benefits under this Project Award, other enterprise agreements or applicable awards and legislation.  As part of the shared concern of the Parties that sound industrial relations are maintained the Parties stress the importance of:


(a)        Compliance with award obligations, enterprise agreement or this Project Award provisions; and


(b)        Employers not entering into arrangements or contracts designed to circumvent award or legislative obligations including inappropriately treating a genuine Employee as an independent contractor; and


(c)        Compliance with statutory requirements for Workers Compensation.


The terms of this Clause are to be specifically drawn to the attention of each Employer prior to it commencing work on the Project.  If during the course of the Work On-Site non-compliance is identified it will be immediately rectified.


18.  Project Monitoring Committee


The Parties will establish a Monitoring Committee for the purposes of resolving issues that may arise in the application of this Award.


The Monitoring Committee’s members will be nominated by and represent Leighton and the Employers, the Unions NSW and the Unions.  The Monitoring Committee’s chairperson will be a Unions NSW Officer.  The Monitoring committee may invite other persons to attend its meetings from time to time.


The Monitoring Committee will meet monthly, or as required.  The chairperson will be responsible for issuing agendas and taking minutes.


The Monitoring Committee’s primary charter is to ensure good communication between the Parties to this Project Award concerning relevant issues that may affect the Project and the Employees.  The Monitoring Committee will review the application of this Project Award on the Project.  It will also act as a ‘last resort’ negotiating forum for significant matters when other avenues of resolution have been exhausted.  All Parties attending Monitoring Committee meetings shall cooperate to ensure the intent of this Project Award is maintained at all times.


19.  Training and Workplace Reform


The Parties are committed to achieving improvements in productivity and innovation through cooperation and reform. Employers are expected to demonstrate their commitment to develop a more highly skilled workforce by providing their Employees access to training.


20.  Long Service Compliance


Employees will register with the NSW Long Service Payments Corporation if required to do so under the NSW Building and Construction Industry Long Service Payments Act.  Employers engaged on site will be registered as an Employer under the NSW Building and Construction Industry Long Service Payments Act if the Act requires them to do so.


21.  Induction


Prior to the commencement of employment on site, all Employees shall attend an induction program given by Leighton’s safety coordinators.  The safety induction program shall be either WorkCover or VETAB approved.  Employers shall arrange inductions prior to arrival on site.  The program shall include:


(a)        Scope, purpose and anticipated duration of the Project.


(b)        Familiarisation with, and understanding the terms and conditions of employment contained within this Project Award.


(c)        Advice on legislative, site and Employer safety standards and requirements.


(d)        Communication of the objectives and commitments the Parties have established under this Project Award.


(e)        Specific reference to the applications of the Avoidance of Disputes - Grievance Procedures and Continuous Operations Clauses.


(f)         Outline of any house rules, including disciplinary procedures.


(g)        Advice to Employees in respect of the location of First Aid facilities.


Each Employee will receive a site safety induction card after completing the site safety induction program, and access to the Project site will only be granted to an Employee who exhibits the issued site induction card.  However, in the case of a lost card, an Employee’s identity will be confirmed prior to any issue of a temporary induction card and ultimately a replacement card.


Each Employee’s site induction card must be carried by the Employee whilst engaged on the Project and is not transferable under any circumstances to any other person.


Any costs associated with the site inductions shall be borne by each Employer of the Employee being inducted.


These procedures are intended to substantially improve the security on the Project and have a positive impact on the level of safety provided to Employees on the Project.


A copy of this Project Award will be issued to Employees at this site induction.


22.  Personal/Carers Leave


22.1      Use of Sick Leave


(a)        An Employee, other than a casual Employee, with responsibilities in relation to a class of person set out in clause 22.1 (c)(ii) who needs the Employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.


(b)        The Employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an Employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.


(c)        The entitlement to use sick leave in accordance with this subclause is subject to:


(i)         The Employee being responsible for the care of the person concerned; and


(ii)        The person concerned being:


(iii)       A spouse of the Employee; or


(iv)      A de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or


(v)       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


(vi)      A same sex partner who lives with the Employee as the de factor partner of that Employee on a bona fide domestic basis; or


(vii)     A relative of the Employee who is a member of the same household, where for the purposes of this paragraph:


"relative" means a person related by blood, marriage or affinity;


"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other: and


"household" means a family group living in the same domestic dwelling.


(d)        An Employee shall, wherever practicable, give the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the Employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the Employee to give prior notice of absence, the Employee shall notify the Employer by telephone of such absence at the first opportunity on the day of absence.


22.2      Unpaid Leave for Family Purpose


An Employee may elect, with the consent of the Employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in 22.1 (c)(ii) above who is ill.


22.3      Annual Leave


(a)        An Employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.


(b)        Access to annual leave, as prescribed in paragraph 22.3(a) above, shall be exclusive of any shutdown period provided for elsewhere under the Award.


(c)        An Employee and Employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.


22.4      Time-off in Lieu of Payment for Overtime


(a)        An Employee may elect, with the consent of the Employer, to take time-off in lieu of payment for overtime at a time or times agreed with the Employer within twelve (12) months of the said election.


(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.


(c)        If, having elected to take time as leave in accordance with paragraph 22.4(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.


(d)        Where no election is made in accordance with paragraph 22.4(a), the Employee shall be paid overtime rates in accordance with the Award.


22.5      Make-up Time


(a)        An Employee may elect, with the consent of the Employer, to work "make up time", under which the Employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award at the ordinary rate of pay.


(b)        An Employee on shift work may elect, with the consent of the Employer, to work "make up time" (under which the Employee takes time off ordinary hours and works those hours at a later time at a later time), at the shift work rate, which would have been applicable to the hours taken off.


22.6      Rostered Days Off


(a)        An Employee may elect, with the consent of the Employer, to take a rostered day off at any time.


(b)        An Employee may elect, with the consent of the Employer, to 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.


(c)        This subclause is subject to the Employer informing each Union which is both party to the Project Award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Unions to participate in negotiations.


23.  Union Representation


Union officials shall comply with all legislative requirements, produce their right of entry permits, and observe the relevant Award and OH&S obligations for entry to site.


Subject to all legislative requirements, Union officials or their legal officers shall be entitled to inspect all wage records and related documentation necessary to establish that this Project Award, applicable industrial awards and legislation is being applied.


Such inspections shall not take place unless there is a suspected breach of the Project Award, the Awards, or the Workplace Relations Act 1996 and/or other statutory obligations for which a suspected breach has been specified in writing to Leighton in advance of the inspection.


Union Delegates and Their Rights


(a)        Rights of the Delegate


(i)         The parties acknowledge it is the sole right of the Union and its members to elect the delegate for the Project, who shall be recognised as the authorised representative of the Union at the Project.


(ii)        The delegate shall have the right to approach or be approached by any Employee of the Employer to discuss industrial matters with that Employee during normal working hours (subject to the consent of the relevant Employee).


(iii)       The delegate shall be entitled to represent members in relation to industrial matters on the Project, and without limiting the generality of that entitlement is entitled to be involved in representing members:


At all stages in the negotiation and implementation of enterprise agreements or Awards or other industrial instruments;


The introduction of new technology and other forms of workplace change;


Career path, reclassification, training issues; and to initiate discussions and negotiations on any other matters affecting the employment of members

Ensuring that Employees 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.


(iv)       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;


Reasonable paid time off work up to a maximum of 10 days to attend relevant Union training courses/forums;


Paid time off to attend meetings of delegates in the industry, as authorised by the relevant union.


(v)        Reasonable access to a telephone, and meeting room will be made available to the delegate’s of Employers.


(vi)       There shall be no deduction to wages where the Union requires a delegate to attend any Court or Industrial Tribunal proceedings relating to Industrial matters on the Project.


24.  Protective Equipment


The Employer shall provide suitable protective equipment to an Employee when and where required in accordance with the provisions of the New South Wales Occupational Health and Safety Act 2000 NSW, its regulations, applicable WorkCover NSW Codes of Practice and other recognised good safety practices.


Abuse and disregard of protective equipment used by Employees will result in counseling of the Employee concerned, repeated offences will result in the withdrawal of the safety induction card and that person being removed from the Project.


Abuse and disregard by Employers of the protective equipment provisions of this Project Award will result in counseling that Employer concerned, repeated offences will result in that Employer being removed from the Project.


25.  Workers Compensation and Insurance Cover


Employers must ensure that all persons that they engage to work on the Project are covered by workers compensation insurance.


Leighton will audit Workers Compensation Certificates of Currency from each Employer engaged on site to ensure that the wages estimate and tariff declared for the type of work undertaken is correct.


Employers and their Employees must comply with the following steps to ensure expedited payment of workers compensation:


(a)        All Employees will report injuries to the Project first aid officer and their supervisor at the earliest possible time after the injury


(b)        All Employees will comply with the requirements for making a workers compensation claim, including the provision of a WorkCover medical certificate, at the earliest possible time after the injury. This information will also be supplied to the Project first aid officer, and their supervisor.


(c)        In cases where the Employee is unable to comply with the above, the relevant Employer will assist in fulfilling requirements for making a claim.


Employers must ensure that they are aware of and will abide by Sections 63 to 69 of the Workers Injury Management and Workers Compensation Act 1998, which provide that:


(a)        The Employer shall keep a register of injuries /site accident book in a readily accessible place on site;


(b)        All Employees must enter in the register any injury received by the Employee. The Employer must be notified of all injuries on site immediately. The Employer must notify the insurer within 48 hours of a significant injury;


(c)        An Employer who receives a claim for compensation must within seven (7) days of receipt, forward the claim or documentation, to their insurer;


(d)        An Employer who receives a request from their insurer for further specified information must within seven (7) days after receipt of the request, furnish the insurer with the information as is in the possession of the Employer or reasonably obtained by the Employer;


(e)        An Employer who has received compensation money from an insurer shall forward such money to the person entitled to the compensation within three (3) working days;


Where there has been a serious incident and/or accident which has resulted in a serious injury or loss of life, the Employer shall notify WorkCover immediately and will also complete the relevant accident notification form and send it to WorkCover.


26.  Immigration Compliance


The Parties are committed to compliance with Australian immigration laws so as to ensure maximum work opportunities for unemployed permanent residents and Australian citizens.  Employers will be advised by Leighton of the importance of immigration compliance and Leighton’s requirement that no illegal immigrants are to be engaged on the Project.


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 Project Award as Annexure "C" may be used to assist in providing evidence of the Employee’s legal status.


27.  First Aid Facilities


Leighton will establish a first aid facility on the Project, staffed by an accredited first aid officer.  These facilities will include all necessary equipment to assist the officer in his/her duties, and will meet all the requirements of the Occupational Health and Safety (First Aid) Regulation 1989.


Employers with site workforces in excess of 25 persons will provide first aid chests meeting the requirements of the Occupational Health and Safety (First Aid) Regulation 1989.  Employers will be encouraged to have Employees undertake appropriate first aid training.


28.  Inclement Weather


Nothing in this Clause is intended to interfere with any existing award or enterprise agreement arrangement between an Employer and its Employees with respect to inclement weather.  The Parties intend to minimise lost time due to inclement weather and the purpose of this Clause is to establish common procedures so that the welfare and safety of Employees is respected and where it is safe to do so, work can continue in an orderly fashion during periods of inclement weather.  Employees who normally work in exposed work areas accept that during periods of inclement weather, work in undercover work areas may not be available to all Employees of a particular Employer and if this is so, that some Employees will be required to work and some will be required to wait until the inclement weather clears.


An Employee during periods of inclement weather will not be unnecessarily required to remain on the Project after the decision on the weather being inclement has been made by the Employers in consultation with the Employees.


The Parties will adopt a reasonable approach with respect to inclement weather procedures and what constitutes "inclement weather".  Employees will accept transfers from an exposed work area to an undercover work area not affected by inclement weather if useful work is available in that area and that work is within the scope of the Employee’s skill, competence and training and can be safely performed.  Employees will walk to and between work areas where it is safe and reasonable to do so in order to continue work in areas unaffected by inclement weather.


During and after periods of inclement weather the Leighton Project manager, after consultation with the safety committee, will advise each Employer of those areas where it is reasonable and safe for work to continue or recommence.


Each Employer will then determine with its Employees any steps necessary to ensure that work can continue in a safe manner.  In all cases, priority will be given to ensuring that a safe workplace is provided and safe systems of work are used.  The Parties agree the practice of "one out, all out" will not occur.


Nothing in this procedure will negate or contradict the rights of the safety committee under the terms of the Occupational Health and Safety Act.


29.  Clothing


Employers will provide their Employees with the following items of clothing provided that if any Employer has obligations to provide clothing under an award, enterprise agreement of an equivalent standard then such Employer will not be bound by the terms of this Clause.


Safety Footwear


Appropriate safety footwear will be issued upon commencement of work on the Project and will be replaced on a fair wear and tear basis thereafter provided they are produced to the Employer for inspection.


Overalls, combination or Bib & Brace & Shirts or Trousers & Shirts


Two (2) sets of protective clothing will be provided after accumulated employment on the Project by an Employee of 152 hours and will be replaced twice per calendar year or as a result of fair wear and tear provided they are produced to the Employer for inspection.




Each Employee, after accumulated employment on the Project of 152 hours shall be eligible to be issued with one (1) Australian made warm bluey jacket or lined woollen jacket or equivalent, which will be replaced once per calendar year or by fair wear and tear.


The type of jacket issued to an Employee will be determined by the nature of work performed to ensure that the jacket is not unsafe for the work performed by each Employee.


Equivalent Clothing


Where documented evidence can be shown that the equivalent protective clothing referred to in this Clause has been supplied by the Employer within the last three (3) month period, then the above will not apply.


30.  Apprentices


As part of the Project’s commitment to industry training, a ratio of one apprentice to every five tradespersons within each Employer’s workforce is to be maintained.



31.  Mobile Crane Safety


Mobile cranes engaged on the Project will be certified by Cranesafe Australia (NSW) or any other approved certifier as soon as practicable.  Once certified, a crane will display a Cranesafe inspection label or that of an approved certifier.  Mobile Cranes required to drive on public roads shall be road registered.


32.  Not a Precedent


The parties will not use this Award as a precedent on any other project.


33.  No Extra Claims


The Unions will not make any extra claims in respect of matters covered by this Award for the duration of the project.


Annexure "A"




Those classifications covered by the following Awards:


Federal Awards


National Building and Construction Industry Award 2000.

National Metal and Engineering On-Site Construction Industry Award 2002.

Plumbing Industry (New South Wales) Award 1999.

Sprinkler Pipe Fitters Award 1998.

Mobile Crane Hiring Award.


State Awards


Building and Construction Industry (State) Award.

Electrical, Electronic and Communications Contracting Industry (State) Award.

Plant &c., Operators on Construction (State) Award.

Plumber and Gasfitters (State) Award.

Transport Industry - State Award, and applicable NSW Determinations.

Metal, Engineering and Associated Industries (State) Award.

Security Employees (State) Award.

General Construction and Maintenance, Civil and Mechanical Engineering (State) Award.


Annexure "B"







March 25

No Work Public Holiday


March 26

No Work Saturday


March 27

No Work Sunday


March 28

No Work Public Holiday


March 29

RDO (fixed)





April 22

RDO (fixed)


April 23

No Work Saturday


April 24

No Work Sunday


April 25

No Work Public Holiday





June 11

No Work Saturday


June 12

No Work Sunday


June 13

No Work Public Holiday


June 14

RDO (fixed)





October 1

No Work Saturday


October 2

No Work Sunday


October 3

No Work Public Holiday


October 4

RDO (fixed)





December 3

No Work Saturday


December 4

No Work Sunday


December 5

No Work Union Picnic Day


December 6

RDO (fixed)





December 23

RDO (fixed)


December 26

Public Holiday


December 27

Public Holiday


Annexure "B"







January 26

No Work Public Holiday


January 27

RDO (fixed)


January 28

No Work Saturday


January 29

No Work Sunday





April 14

No Work Public Holiday


April 15

No Work Saturday


April 16

No Work Sunday


April 17

No Work Public Holiday





April 22

No Work Saturday


April 23

No Work Sunday


April 24

RDO (fixed)


April 25

No Work Public Holiday





June 10

No Work Saturday


June 11

No Work Sunday


June 12

No Work Public holiday


June 13

RDO (fixed)





September 30

No Work Saturday


October 1

No Work Sunday


October 2

No Work Public Holiday


October 3

RDO (fixed)





December 2

No Work Saturday


December 3

No Work Sunday


December 4

No Work Union Picnic Day


December 5

RDO (fixed)


Annexure "C"







As specified in passport or other identity









Family Name:


Business Name:







Given Name(s):









Other Name(s) used (e.g. maiden name):





Business Street Address:




Date of Birth:














Passport Number:






Type of Business:

Visa Number:







Visa Expiry Date:







I authorise the Department of Immigration and is,


Name of Contact Person:

Multicultural and Indigenous Affairs (DIMIA) to



release the details of my work rights status (that



my entitlement to work legally in Australia) to




the named employer/labour supplier and a



representative of a principal contractor and




authorized trade union officer on request.





Note that the employee’s work rights status will be

I understand that these details are held by DIMIA


sent directly to the fax number given above.

on departmental files and computer systems.  I


Please ensure that this number is correct.

also understand that the employer/labour supplier



will use this information for the purposes of



establishing my legal entitlement to work in


FAXED TO 1800 505 550

Australia, and for no other purpose.






Employee Signature:

















M. J. WALTON  J, Vice-President.







Printed by the authority of the Industrial Registrar.

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