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New South Wales Industrial Relations Commission
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ETTAMOGAH TO MURRAY RIVER PROJECT AWARD
  
Date01/06/2006
Volume355
Part5
Page No.1041
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4033
CategoryAward
Award Code 1829  
Date Posted01/06/2006

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(1829)

(1829)

SERIAL C4033

 

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.

 

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