ETTAMOGAH TO MURRAY RIVER PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Employers
First, industrial organisation of employers and a State Peak Council for
Employers.
(No. IRC 4370 of 2005)
Before Mr Deputy
President Sams
|
2 September 2005
|
AWARD
Contents
1. Duration
2. Definitions
3. Objectives
4. Application
5. Performance
Incentive Payment (Pip)
6. Industry
Standards
7. Environment,
Health, Safety And Rehabilitation
8. Safety Dispute
Settling Procedures
9. Dispute
Settlement Procedures
10. Intentionally
Left Blank
11 Productivity
Initiatives
12 Immigration
Compliance
13 Long
Service Compliance
14 Union
Representation
15 Protective
Clothing
16 Workers
Compensation And Insurance Cover
17 Apprentices
18 Training
And Workplace Reform
19 Project
Close-Down Calendar
20 Industry
Convention
21 Single
Bargaining Unit
22. Anti-Discrimination
23 Personal/Carers
Leave
24. No
Precedent
25. No Extra
Claims
26. Leave
Reserved
Annexure A - Parties
& Classifications
Annexure B - Project
Close Down Calendar
Annexure C -
Authority To Obtain From DIMIA Details Of Immigration Status
1. Duration
This Project Award shall operate from 2 September 2005 until
Practical Completion of the Project.
2. Definitions
"Abigroup Contractors" means Abigroup Contractors
Pty Ltd ABN 40 000 201 516
"Awards" means those Awards listed in Annexure
"A".
"Employee" means a person engaged by an Employer
and who performs work on the Project in the classifications contained within
the Awards set out in Annexure "A".
This Project Award does not apply to direct employees of Abigroup
Contractors who are not "Employees" as defined in this Project Award.
"Employer" means a subcontractor engaged on the
Project and includes subcontractors to subcontractors, provided that such
subcontractors are the Employers of Employees (as defined).
"Enterprise Agreement" means an agreement
certified under the Workplace Relations Act 1996 (Cth) or approved under
the Industrial Relations Act 1996 (NSW).
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Code" means the New South Wales Government Code
of Practice for the Construction Industry.
"Parties" means the Abigroup Contractors,
Employers and the Unions referred to in Annexure "A".
"Practical Completion" means the completion of the
Project to a standard that allows the Project to be opened to public traffic.
"Project Award" means The Ettamogah to Murray
River Project Award made between the Parties.
"Project Calendar" means the calendar in
"Annexure B".
"Project Director" means the individual appointed
by Abigroup Contractors as the Project Director.
"Project" means the construction works related
upgrade of the Hume Highway between Ettamogah and the northern bank of the
Murray River on the Project contracted between Abigroup Contractors and the
RTA.
"Construction Manager" means the individual
appointed by Abigroup Contractors as the Construction Manager.
"Safety Committee" means the site safety committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"Union Delegate" means the Employee who is the
accredited representative of each Union on the Project.
"Unions" means each of the Unions listed in
Annexure "B".
"Unions NSW" means the Labor Council of NSW.
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) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued
development of communication processes, which facilitate participation by all
Employers, Employees and Unions;
(d) Introduction of
new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees;
(g) Promote a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Project Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable Awards and/or
Enterprise Agreements and legislative requirements;
(m) Improved wages
and conditions for all Employees working on the project;
(n) Increased
leisure time for Employees by eliminating excessive hours of work;
(o) Enhancing job
opportunities for Employees who have a legal right to work including persons
who wish to take on apprenticeships or traineeships;
(p) Note that the
Union Parties to this Project Award have an objective that Employers have an
appropriate Enterprise Agreement in place;
(q) Compliance
with the NSW Government Code of Practice for the Construction Industry.
4. Application
4.1 This Project
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 Abigroup
Contractors engages Employers, it shall make it a condition of any contract
that it enters into with its Employers that they will not employ or otherwise
engage Employees on wages and conditions, which are less favourable than those
set out in this Project Award.
4.3 The Parties
also acknowledge and agree that the terms of this Project Award form part of
the tender conditions for work on this Project.
4.4 This Project
Award is generally intended to supplement and co-exist within the terms of
existing Enterprise Agreements and Awards and its primary purpose is to provide
a framework for Abigroup Contractors, the Employers, Unions NSW and the Unions,
to manage those issues on the Project which affect more than one Employer.
5. Performance
Incentive Payment (PIP)
5.1 The Parties
agree that in recognition of implementing the productivity initiatives in
clause 11, meeting construction programme requirements and the achievement of
on time or early Practical Completion, a performance incentive payment will
apply on the Project in accordance with this clause to provide a genuine
incentive to Employees.
5.2 Employees will
be entitled to a PIP. Payment of the PIP will be $3.25 per hour.
(a) The PIP is
payable for all time worked on the Project and is not additional to any project
allowance, site allowance or productivity allowance, or any other similar
allowance payable under an Employer’s Award or Enterprise Agreement. However, if the Employer’s Award or
Enterprise Agreement provides a project allowance, site allowance or
productivity allowance, or any other similar allowance that is less than the
PIP, the difference between the allowance and the PIP will be payable to the
Employee so that he/she receives a total allowance equal to the PIP payable
under this Project Award.
(b) Where an
Employer's Enterprise Agreement provides a productivity payment (including
payments associated with project allowances, site allowances or any other
similar allowances) but the amount of which is not specified, Abigroup
Contractors, the Employer and the relevant union (where appropriate) shall agree
on the extent to which the PIP shall be absorbed. In the event that the relevant cannot agree on the amount of the
Employer’s productivity payment, the parties shall notify a dispute to the
Industrial Relations Commission of New South Wales. The Industrial Relations Commission of New South Wales shall be
empowered by this clause to make a binding decision as to the productivity
amount and thus the extent to which the PIP shall be absorbed. All parties agree to be bound by the
Commission’s decision. Provided that
any decision made by the Commission in accordance with this paragraph shall
only relate to the Project.
5.3 The PIP 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).
5.4 It is agreed
that the PIP provides a standardised and appropriate payment to Employees and
compensates for, amongst other things:
(a) Special rates
and disability payments, otherwise payable under the Awards;
(b) Productivity,
project, site or other allowances payable under Enterprise Agreements, subject
to the absorption described in 5.2 above;
(c) The particular
conditions associated with the Project.
6. 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:
6.1 Employer
Safety Net Ordinary Time Earnings
The Parties agree that it is beneficial to establish on
the Project a minimum ordinary hourly rate applicable to Employees who are not
covered by an Enterprise Agreement.
The minimum ordinary hourly rate will be $16.00 per
hour (or a proportionate amount for juniors trainees or apprentices, as the
rate for the junior, trainee or apprentice bears to the rate for the key
classification in the relevant Parent Award) applicable to Employees who are
not employed under an Enterprise Agreement and who would otherwise receive a
base rate of pay less than $16.00 per hour.
To avoid any doubt, the PIP shall not be considered when determining
whether an employee shall be entitled to the minimum ordinary hourly rate as
set out in this clause. Where an
employee is in receipt of the minimum ordinary hourly rate pursuant to this
clause there shall be no reduction to the PIP.
6.2 Superannuation
Employers will make superannuation contributions based
on $100 per full-time working week (pro-rata in circumstances where less than a
full week is worked) or 9% of each Employee’s ordinary time earnings (whichever
is the greater) in accordance with the Superannuation Guarantee
Administration Act 1992 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. Provided that the figure set out above shall be replaced by $55
in the case of apprentices and trainees or 9% of ordinary time earnings,
whichever is greater.
6.3 Redundancy
The Employers will make a contribution of $65 per week
into ACIRT or MERT or other schemes approved by the Parties. Provided that the figure set out above shall
be replaced by $40 in the case of apprentices and trainees.
6.4 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.
6.5 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 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.
6.6 Transport
Drivers
(a) Employees -
Rates of Pay
This Project 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 in excess of two (2) hours per day, who will be paid, in addition to
his/her Award or Enterprise Agreement rate of remuneration, any applicable PIP. Lorry Owner Drivers are not entitled to the
provisions of the Project Award.
(b) Contract
Carrier/Lorry Owner Driver
All Contract Carriers/Lorry Owner Drivers involved in
the Transport Industry engaged on the Project 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.
(c) GST
Rates paid to contactor’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
7.1 Induction
(a) All Employees
must attend the Abigroup site specific induction course on commencement of
engagement on site.
(b) The Parties
recognize the EHS&R induction training provided by accredited blue card
providers for casual and permanent transport workers who fall within the scope
of this Project Award.
7.2 OH&S
Industry Induction and Certification
No person will be engaged on the Project unless he/she
has completed the WorkCover NSW accredited General Construction OHS Induction
course and will provide evidence of all certification, tickets and permits
required to perform the relevant range of works on the Project.
7.3 Environment,
Health and Safety Plans
All Employers must submit an environment, health safety
and rehabilitation management plan.
These plans should include evidence of:
(a) risk
assessment of their works;
(b) hazard
identification, prevention and control;
(c) planning and
re-planning for a safe working environment;
(d) industry and
trade specific induction of Employees;
(e) monitoring
performance and improvement of work methods;
(f) reporting of
all incidents/accidents;
(g) compliance
verification; and
(h) regular
EHS&R meetings, inspections and audits of the Project
(i) work activity
induction.
7.4 The Safety
Committee
The Safety Committee will be properly constituted. All members of the safety Committee will
undertake agreed occupational health and safety training with a certified
provider.
7.5 Safety
Procedures
(a) The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
(b) If the
Abigroup Contractors Construction Manager or the Safety Committee is of the
opinion that an Employer or Employee has committed a serious breach of either
the occupational health and safety policy, legislation or the relevant safety
management plan (or any other agreed safe working procedures), the Construction
Manager will aim to resolve the issue.
This may include the implementation of counselling or disciplinary
action or in extreme circumstances, and solely at Abigroup Contractors’
discretion, cancellation of an Employers contract or withdrawal of an
Employee’s right to work on the Project.
(c) The Parties
agree that 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.
(d) Abigroup Contractors
will report and inform all accidents and/or near misses to the Safety Committee
as soon as possible and practical.
7.6 Formwork and
Scaffolding Safety
(a) All Employees
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, a certified
provider will be contacted to assess the qualifications of the relevant
Employee. Currently certified providers include Comet and TAFE.
(b) All
scaffolders engaged on scaffolding will have the relevant certification except
where scaffolders are operating under a log book system. Where scaffolders are operating under the
log book system, the ratio will be one ticketed scaffolder to two non-ticketed
scaffolders.
7.7 Temporary
Power/Testing and Tagging
In order to maintain the highest standards of safety in
regard to the use of electricity during construction, it is agreed that the
temporary installation is installed strictly in accordance with AS 3012 (1995).
All work is to be carried out by qualified electrical tradespersons. Testing and tagging is to be carried out
only by a qualified electrical tradesperson.
7.8 Mobile Crane
Safety
Mobile cranes, cherry pickers and elevated work platforms
engaged on the Project will be certified by Cranesafe Australia (NSW) or any
other approved certifier. 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 roadworthy and registered and show
evidence that they are appropriately insured prior to being engaged on
site. If it cannot be shown that there
is evidence of compliance with the above, the mobile crane, cherry picker or
elevated work platform, as the case may be, will not be permitted to be engaged
on the Project.
7.9 Mobile Plant
Employers shall be required to complete the Abigroup
Contractors "Incoming Plant Inspection Report" for all Mobile Plant
employed on the Project. All mobile plant
shall be subject to constant monitoring in accordance with the Abigroup
Contractors Project Safety Plan.
7.10 Rail Corridor
Drug and Alcohol Testing
The Parties acknowledge and accept that the ARTC
retains the right to conduct drug and alcohol testing, at its discretion, on
any person within the rail corridor, with or without notice.
8. Safety Dispute
Settling Procedures
8.1 No Employee
will be required to work in or on an unsafe area 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.
8.2 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 Abigroup
Contractors and Employee representatives of the safety Committee;
(c) Abigroup
Contractors 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 Abigroup
Contractors will immediately call the designated WorkCover Authority inspector
to recommend the rectification work.
8.3 Nothing in
this Clause shall negate or contradict any rights and or obligations under the Occupational
Health and Safety Act 2000.
9. Dispute Settlement
Procedures
One of the aims of this Project Award is to eliminate and
prevent lost time in the event of a dispute and to achieve prompt resolution of
any dispute.
9.1 Employer
Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employees or their representative Union,
the following steps will be adopted.
The Parties to the dispute will genuinely endeavour to resolve the
dispute at the earliest opportunity:
(a) Discussion
between those directly affected will occur.
An initial response arising from this step shall be made within 24
hours;
(b) Discussion
between site management representatives of the Employer, the employee(s)
concerned and the Union delegate (where applicable) will occur if (a) fails.
(c) Discussion
between site management representatives of the Employer, the employee(s)
concerned and the Union organizer (where applicable) will occur if (b) fails.
(d) Discussion
between senior management of the Employer, Abigroup Contractors, the
employee(s) concerned and the appropriate Union official (where applicable)
will occur if (c) fails.
(e) If the dispute
is not resolved after step (d), Parties to the Project 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).
(f) Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
9.2 Project Wide
Disputes
In the event of a dispute or conflict affecting more
than one Employer occurring, the following procedure will be adopted. The Parties to the dispute will genuinely
endeavour to resolve the dispute at the earliest opportunity:
(a) Discussion
between those directly affected will occur. An initial response arising from
this step shall be made within 24 hours;
(b) Discussion
between site management representatives of Abigroup Contractors, the
employer(s) and employee(s) concerned and the Union delegate (where applicable)
will occur if (a) fails.
(c) Discussion
between site management representatives of Abigroup Contractors, the
employer(s) and employee(s) concerned and the Union organiser (where
applicable) will occur if (b) fails.
(d) Discussion
between senior management of Abigroup Contractors, the employer(s) and
employee(s) concerned and the appropriate Union official (where applicable)
will occur if (c) fails.
(e) If the dispute
is not resolved after step (d), Parties to the Project 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).
(f) Work shall continue
without interruption or dislocation during discussion and negotiations
concerning the dispute.
9.3 Demarcation
Disputes
In the event that a dispute arises which cannot be
resolved between the relevant Unions, the Unions agree to the following dispute
settling procedure:
(a) No industrial
action is to take place: the status quo that existed prior to the dispute must
prevail; and work is to continue normally without prejudice to any of the
Parties.
(b) Discussions
between the Unions NSW and the Unions to try to resolve the dispute will occur
at the earliest opportunity.
(c) If the dispute
is not resolved after step (b), either Union may notify the dispute to the
Industrial Relations Commission of New South Wales and request that the Industrial
Relations Commission of New South Wales resolve the dispute pursuant to its
powers set out in the Industrial Relations Act 1996 (NSW).
9.4 Procedures to
Prevent Disputes Regarding Non-compliance
(a) The Parties
recognise that, given the size and complexity of the Project:
(i) a variety of
Employers will be engaged to work on the Project; and
(ii) those
Employers may be bound by a variety of industrial instruments, including
Federal and State Awards, Certified Agreements, and state Enterprise Agreements.
(b) Abigroup
Contractors intends during the life of this Project Award to engage, for the
most part, Employers which operate substantial businesses. However, it will also be the case that some
of the Employers engaged, and some of the sub-subcontractors engaged in turn by
those Employers, particularly those engaged to perform smaller packages of work
involved in the Project, will operate smaller businesses.
(c) It is in the interests
of all Parties that the Employers engaged to work on the Project:
(i) demonstrate a
history of, and commitment to, future compliance with all relevant legal
obligations; and
(ii) recognise
that their Employees should generally be engaged on terms and conditions
similar (but not necessarily identical) to those enjoyed by Employees
performing similar work in the civil engineering construction industry.
(d) For these
reasons, Abigroup Contractors will endeavour to engage Employers (and require
those Employers in turn also only to engage sub-subcontractors) which:
(i) comply with
the New South Wales Government Code of Practice;
(ii) comply with
their obligations to pay or provide for:
(1) remuneration
(including over Award payments such as contributions to redundancy schemes);
(2) annual leave;
(3) long service
leave;
(4) workers’
compensation insurance;
(5) superannuation
fund membership and contributions; and
(6) pay roll tax.
(iii) demonstrate a
reasonable awareness of the industrial instruments which regulate the
employment of their Employees;
(iv) agree to comply
with laws applicable to them including industrial instruments, industrial
legislation, anti-discrimination legislation and occupational health and safety
legislation during their engagement; and
(v) generally have
a corporate history of industrial harmony, involving few (if any) breaches of
industrial instruments, discrimination complaints and occupational health and
safety prosecutions.
(e) With the aim of
achieving this result, Abigroup Contractors will:
(i) before each
Employer begins work on site, require the Employer to provide to Abigroup
Contractors documentation (on the Employers letterhead and signed by an
authorised person) verifying compliance in the preceding twelve months with all
the obligations referred to in (d)(i) and (ii) above; and
(ii) monitor
Employer compliance by:
(1) Checking, on
an appropriate basis, payments made by Employers in relation to superannuation,
redundancy and extra insurance to ensure that:
(i) payments for
Employees have been made as required; and
(ii) Employers
have not introduced arrangements designed to avoid tax and other statutory
obligations (e.g., ‘all-in’ payments and ‘cash in hand’ payments). If any such arrangements are identified,
Abigroup Contractors will take immediate steps to ensure that they are
rectified and that any Employee affected by any such arrangements receives all
statutory entitlements.
(2) in accordance
with Section 127 of the Industrial Relations Act 1996 of New South
Wales, section 175(b) of the Workers Compensation Act 1987 and Part 5B
s1G-31J of the Payroll Tax 1971 obtaining from each Employer on a
regular basis a Employer Statement Regarding Workers Compensation, Pay roll Tax
and Remuneration.
(3) Responding
promptly, subject to any legal restrictions, to any legitimate concerns
regarding the conduct of Employers in respect of matters in this Project Award.
(4) Not condoning
any practices which breach the terms and conditions of this Project Award, nor
condoning the practice of treating a genuine Employee as if he were a
subcontractor for the purposes of avoiding tax and other statutory obligations.
If Abigroup Contractors becomes aware that a particular Employer and his
Employees are engaged in such practices Abigroup Contractors will exercise its
powers under the subcontract including its discretionary powers to terminate
the subcontract and remove the offending company and Employees from the Project
unless the Parties have otherwise agreed to allow the Employer to remain on
site.
(5) Subject to
freedom of association, right of entry and other relevant law, allow Project
delegates reasonable time during working hours to assist the Construction
Manager, or his/her nominee, to perform the tasks set out in 9.4(e)(ii)(1),
(2), (3) and (4) above.
9.5 No payment
shall be made to Employees for time spent engaged in industrial action as
defined in relevant legislation (including any industrial action arising from
an industrial, demarcation or safety dispute) unless payment is authorised or
ordered by either the NSW or Australian Industrial Relations Commissions.
10. Intentionally
Left Blank
11. Productivity
Initiatives
11.1 Learning
Initiatives
Each Employer shall comply with their workplace reform
initiatives outlined in their Enterprise Agreement.
11.2 Inclement
Weather
(a) The Parties to
this Project Award will collectively proceed towards the minimisation of lost
time due to inclement weather.
(b) Further, the
Parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if
useful work is available in that area or site and that work is within the scope
of the Employee’s skill, competence and training consistent with the relevant
classification structures (provided that the Employer shall provide transport
to such unaffected area where necessary);
(iii) Where the
initiatives described in (b) above are not possible, 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
(iv) All Parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
(v) The Parties
agree the practice of "one out, all out" will not occur.
11.3 Rostered Days
Off
(a) A procedure
for the implementation of Rostered Days Off (RDO’s) has been agreed for the
Project and is contained in clause 19 and Annexure "B". The purpose
of the procedure for implementation is to:
(i) Improve work/life
balance for Employees; and
(ii) Increase
productivity of the Project with the objective of meeting the Practical
Completion Date.
(b) Records of
each Employee’s RDO accruals will be recorded on the Employee’s pay slip
11.4 Maximising Working
Time
The Parties agree that crib and lunch breaks may be
staggered for Employees so that work does not cease during crib and lunch. Amenities are to be maintained in a clean
and hygienic state.
11.5 Hours of Work
Employees shall work on the basis of shifts not longer
than 8 ordinary hours between 6.00 am and 6.00 pm Monday to Friday. However, ordinary hours may commence from
5.00 am by agreement between the Employer, Employee and relevant Union. Shift
work may also be performed on the project.
12. Immigration
Compliance
12.1 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
Abigroup Contractors of the importance of immigration compliance and Abigroup
Contractors’ requirement that no illegal immigrants are to be engaged on the
Project.
12.2 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 Project Award as Annexure "C" may be used to
assist in providing evidence of the Employee’s legal status.
13. 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 Leave Payments Act 1986. Employers engaged on site will be registered as an Employer under
the NSW Building and Construction Industry Long Service Payments Act
1986 if the act requires them to do so.
14. Union
Representation
Nothing in this Clause shall be read or implemented to
override, negate or contradict any rights, duties and or obligations under the Industrial
Relations Act 1996, the Workplace Relations Act 1996 (Cth) or Occupational
Health and Safety Act 2000.
14.1 Visiting Union
Officials
(a) Union
officials (party to this Project Award) when arriving onsite, shall call at the
site office and introduce themselves to a Management representative of the
Employer, prior to pursuing their union duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant Awards, the Occupational Health and Safety Act 2000 and
Regulations, and other statutory/legislative obligations for entry to the site.
(c) Union
officials with the appropriate credentials shall be entitled to inspect all
relevant and appropriate wage records, other payment records and related documentation
necessary to ensure that relevant Employers are observing the terms and
conditions of this Project Award.
(d) All such wages
books and other payment records shall be made available within 48 hours on site
or at another convenient, appropriate place, provided notice is given to the
Employers and the Construction Manager by the Union.
(e) Such
inspections shall not take place unless proper notice has been given and there
is a suspected breach of this Project Award, other appropriate Awards, Enterprise
Agreements, the Industrial Relations Act 1996 (NSW), or other Statutory
Employer requirements.
(f) Subject to
the law, Union officials shall be entitled to hold discussions with relevant
Employees during non-work periods.
14.2 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 an
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 and/or 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.
15. Protective
Clothing
15.1 Employers will
provide their Employees engaged on the Project with protective clothing and
footwear on the following basis. Where
practicable such clothing and footwear shall be legally produced Australian
made.
(a) Safety
Footwear - Appropriate safety footwear shall be supplied on commencement if not
already provided, to all Employees engaged on the Project and will be replaced
as a result of fair wear and tear, provided they are produced to the Employer
as evidence.
(b) Clothing - Two
sets of protective clothing (combination of bib and brace or shorts, trousers
and shirts) will be supplied to all Employees after accumulated engagement on
the Project of 152 hours or more and will be replaced once per calendar year as
a result of fair wear and tear, provided they are produced to the Employer as
evidence.
(c) Jackets - Each
Employee, after accumulated employment on the Project of 152 hours shall be
eligible to be issued with warm bluey jacket or equivalent, which will be
replaced once per calendar year on a fair wear and tear basis.
15.2 In
circumstances where any Employee(s) of Employers are transferred to the Project
from another project where an issue of equivalent clothing was made, then such
Employee shall not be entitled to an issue for this Project until the expiry of
the calendar year or on a fair wear and tear basis.
15.3 Employees who
receive from their Employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the Employer’s policy or relevant industrial
instrument shall not be entitled to the provisions of this clause.
15.4 Employers may
consult with the 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
16. Workers
Compensation and Insurance Cover
16.1 Employers must ensure
that all Employees that they engage to work on the Project are covered by
workers compensation insurance.
16.2 Abigroup
Contractors 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.
If it is shown that the Employer has not provided the insurer with the
correct wages estimate and/or tariff, the Employer shall be given 24 hours to
correct the anomaly. If not corrected
within this time, Abigroup Contractors will invoke clause 9.4(e)(ii)(4) of this
Award.
16.3 Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers compensation:
(a) All Employees
will report injuries to the Project first 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.
16.4 Employers must
ensure that they are aware of and will abide by Sections 63 to 69 of the Workplace
Injury Management and Workers Compensation Act 1998, which provide that:
(a) The Employer
shall keep a register of injuries /site accident book in a readily accessible
place on site;
(b) All Employees
must enter in the register any injury received by the Employee. The Employer
must be notified of all injuries on site immediately. The Employer must notify
the insurer within 48 hours of a significant injury;
(c) An Employer
who receives a claim for compensation must within seven (7) days of receipt,
forward the claim or documentation, to their insurer;
(d) An Employer
who receives a request from their insurer for further specified information
must within seven (7) days after receipt of the request, furnish the insurer
with the information as is in the possession of the Employer or reasonably
obtained by the Employer;
(e) An Employer
who has received compensation money from an insurer shall forward such money to
the Employee entitled to the compensation within three (3) working days;
16.5 Where there has
been a serious incident and/or accident which has resulted in a serious injury
or loss of life, the Employer shall notify WorkCover immediately and will also
complete the relevant accident notification form and send it to WorkCover.
17. Apprentices
As part of the Project’s commitment to industry training, a ratio
of one apprentice/trainee to every four tradespersons within each Employer’s
workforce is to be maintained.
18. 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.
19. 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
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 shall be given to the union (or union
delegate).
The parties shall discuss what arrangements, if any, are
appropriate for Melbourne Cup day.
20. 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 Agreements 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 Project Award as a result of a private treaty as described above
nor will they seek redress from any Employer.
21. Single Bargaining
Unit
This Project Award was negotiated by the Unions NSW on
behalf of the Unions and by Abigroup Contractors in its own right and on behalf
of the Employers.
22.
Anti-Discrimination
22.1 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.
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 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 of
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:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to Employees 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.
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
(a) An Employee,
other than a casual Employee, with responsibilities in relation to a class of
person set out in clause 23.1(c)(ii) who needs the Employee’s care and support,
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, for absences to provide care and support, for
such persons when they are ill. Such leave may be taken for part of a single
day.
(b) The Employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an Employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
a spouse of the Employee; or
a de facto spouse, who, in relation to a person, is a
person of the opposite sex to the first mentioned person who lives with the
first mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
a child or an adult child (including an adopted child,
a step child, a foster child or an ex-nuptial child), parent (including a
foster parent and legal guardian) grandparent, grandchild or sibling of the
Employee or spouse or de facto spouse of the Employee; or
a same sex partner who lives with the Employee as the
de factor partner of that Employee on a bona fide domestic basis; or
a relative of the Employee who is a member of the same
household, where for the purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other: and
"household" means a family group living in
the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer prior notice of the intention to
take leave, the name of the person requiring care and that person’s
relationship to the Employee, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the Employee to give
prior notice of absence, the Employee shall notify the Employer by telephone of
such absence at the first opportunity on the day of absence.
23.2 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 23.1(c)(ii) above who is ill.
23.3 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 23.3(a) above, shall be exclusive of any
shutdown period provided for elsewhere under the relevant 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.
23.4 Time-off
in Lieu of Payment for Overtime
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph 23.4(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 23.4(a), the Employee shall be
paid overtime rates in accordance with the relevant Award.
23.5 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 relevant
Award at the ordinary rate of pay.
(b) An Employee on
shift work may elect, with the consent of the Employer, to work "make up
time" (under which the Employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been applicable to the hours taken off.
23.6 Rostered
days off
(a) An Employee
may elect, with the consent of the Employer, to take a rostered day off at any
time.
(b) An Employee
may elect, with the consent of the Employer, to take rostered days off in part
day amounts.
(c) An Employee
may elect, with the consent of the Employer, to accrue up to a maximum of 5 RDOs
for the purpose of creating a bank to be drawn upon at a time mutually agreed
between the Employer and Employee, or subject to reasonable notice by the
Employee or the Employer.
(d) This subclause
is subject to the Employer informing each Union which is both party to the
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.
24. No Precedent
The Parties agree not to use this Project Award as a
precedent and that this Project Award will in no way create a claim for flow-on
of on-site wage rates and conditions.
25. No Extra Claims
The Unions acknowledge that:
(a) this Project
Award exhaustively deals with all of the matters which the Parties wish to
regulate by this Project Award until the Practical Completion of the Project;
and
(b) they are
undertaking, that until the Practical Completion of the Project they will not
pursue any extra claims (whether referred to in this Project Award or not); and
(c) they will take
no lawful action to support or further advance claims for a variation to this
Project Award or a further Project Award.
26. Leave Reserved
Any Party to this Project Award has leave reserved to make
application to amend the Project Award so as to satisfy and meet any
requirements of either the State or National Code and Guidelines for the
Building and Construction Industry as amended from time to time during the term
of this Project Award.
ANNEXURE A
PARTIES & CLASSIFICATIONS
PART 1
Abigroup Contractors Pty Ltd
Employers (as defined) engaged on the Project
PART 2
Unions NSW
Construction Forestry Mining and Energy Union (Construction
& General Division) (NSW Divisional Branch) (CFMEU)
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division;
Automotive Food Metals Engineering Printing & Kindred
Industries Union (AMWU)
The Australian Workers Union (Greater NSW Branch)
Electrical Trades Union of Australia (NSW Branch)
Transport Workers Union of Australia, New South Wales (TWU)
PART 3
Classifications:
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.
AWU Construction and Maintenance 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.
Plumbers and Gasfitters (State) Award.
Transport Industry
(State) Award.
Metal, Engineering and Associated Industries (State)
Award.
General Construction & Maintenance, Civil &
Mechanical Engineering &c., (State) Award
Surveyors’ Field Hands (State) Award
Training Wage State Award
Annexure B
PROJECT CLOSE DOWN CALENDAR
2005
|
Saturday
|
11 June
|
|
Sunday
|
12 June
|
|
Monday
|
13 June
|
Queen’s Birthday
Public Holiday
|
Tuesday
|
14 June
|
|
|
|
|
Saturday
|
1 October
|
|
Sunday
|
2 October
|
|
Monday
|
3 October
|
Labour Day Public
Holiday
|
Tuesday
|
4 October
|
|
|
|
|
Saturday
|
3 December
|
|
Sunday
|
4 December
|
|
Monday
|
5 December
|
|
Tuesday
|
6 December
|
|
|
|
|
2006
|
Thursday
|
26 January
|
Australia Day
Public Holiday
|
Friday
|
27 January
|
|
Saturday
|
28 January
|
|
Sunday
|
29 January
|
|
|
|
|
Friday
|
14 April
|
Good Friday Public
Holiday
|
Saturday
|
15 April
|
|
Sunday
|
16 April
|
|
Monday
|
17 April
|
Easter Monday
Public Holiday
|
|
|
|
Saturday
|
22 April
|
|
Sunday
|
23 April
|
|
Monday
|
24 April
|
|
Tuesday
|
25 April
|
Anzac Day Public
Holiday
|
|
|
|
Saturday
|
10 June
|
|
Sunday
|
11 June
|
|
Monday
|
12 June
|
Queen’s Birthday
Public Holiday
|
Tuesday
|
13 June
|
|
|
|
|
Saturday
|
30 September
|
|
Sunday
|
1 October
|
|
Monday
|
2 October
|
Labour Day Public
Holiday
|
Tuesday
|
3 October
|
|
|
|
|
Saturday
|
2 December
|
|
Sunday
|
3 December
|
|
Monday
|
4 December
|
|
Tuesday
|
5 December
|
|
2007
|
Friday
|
26 January
|
Australia Day
Public Holiday
|
Saturday
|
27 January
|
|
Sunday
|
28 January
|
|
Monday
|
29 January
|
|
|
|
|
Friday
|
6 April
|
Good Friday Public
Holiday
|
Saturday
|
7 April
|
|
Sunday
|
8 April
|
|
Monday
|
9 April
|
Easter Monday
Public Holiday
|
Tuesday
|
10 April
|
|
|
|
|
Saturday
|
9 June
|
|
Sunday
|
10 June
|
|
Monday
|
11 June
|
Queen’s Birthday Public
Holiday
|
Tuesday
|
12 June
|
|
|
|
|
Saturday
|
29 September
|
|
Sunday
|
30 September
|
|
Monday
|
1 October
|
Labour Day Public
Holiday
|
Tuesday
|
2 October
|
|
Saturday
|
1 December
|
|
Sunday
|
2 December
|
|
Monday
|
3 December
|
|
Tuesday
|
4 December
|
|
It is agreed that the close down calendar may be varied by
agreement between the parties to take account of:
(a) incorrect assumptions
as to the gazettal of public holidays; and/or
(b) local holidays
etc in the Albury Wodonga area;
provided that the number of close down weekends per calendar
year shall not be varied.
ANNEXURE C
AUTHORITY TO OBTAIN FROM DIMIA DETAILS OF
IMMIGRATION STATUS
Authority to obtain details
of work rights from DIMA
|
|
Employee Details
|
|
Employer/Labour Supplier
Details
|
(As specified in passport or
other identify
|
|
|
|
document)
|
|
|
|
|
|
|
|
|
Family Name:
|
|
|
Business Name:
|
|
|
|
|
|
|
|
|
|
Given Name(s):
|
|
|
|
|
|
|
|
|
|
|
Business Street Address
|
Other Name(s) used (eg maiden
name)
|
|
|
|
|
|
|
|
|
Date of Birth:
|
|
|
|
|
|
|
Nationality:
|
|
|
|
|
|
Type of Business
|
Passport Number:
|
|
|
|
|
|
|
Visa Number:
|
|
|
|
|
|
|
Visa Expiry Date:
|
|
|
Name of Contact Person:
|
|
|
|
I authorise the Department of
Immigration and
|
|
|
Multicultural Affairs (DIMA)
to release the details
|
|
Telephone:
|
|
of my work rights status (that
is, my entitlement to
|
|
|
work legally in Australia) to
the employer/labour
|
|
Fax:
|
|
supplier named on this form.
|
|
|
|
|
Note that the employee's work
rights status will
|
I understand that these details
are held by DIMA
|
|
be sent directly to the fax
number given below.
|
on departmental files and
computer systems. I
|
|
Please ensure that this
number is correct.
|
also understand that the
employers/labour supplier
|
|
|
will use this information for
the purpose of
|
|
|
establishing my legal
entitlement to work in
|
|
|
Australia, and for no other
purpose.
|
|
|
Employee Signature:
|
|
The completed form should be faxed to
|
|
|
1800 505 550
|
|
|
|
Date:
|
|
|
If all details match with our records, the
|
|
|
employee's work rights status will be faxed to
|
|
|
you within one working day.
|
|
|
|
|
|
|
|
|
|
|
|
P. J. SAMS D.P.
____________________
Printed by
the authority of the Industrial Registrar.