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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.471
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4038
Award Code 1830  
Date Posted12/15/2005

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Application by Bovis Lend Lease Pty Ltd.


(No. IRC 4747 of 2005)


Before The Honourable Justice Walton, Vice-President

19 September 2005




1.  Arrangement


Clause No.    Subject Matter


1.         Arrangement

2.         Objectives

2.1        Work Organisation

2.2        People Development/Skills

2.3        Environment & Safety

2.4        Generally

3.         Definitions

4.         Application

5.         Duration

6.         Industry Standards

6.1        Redundancy

6.2        Top Up/24 Hour Income Protection Insurance

6.3        Productivity allowance

6.4        Payment of the productivity allowance

6.5        Changing the Programme and Scheduled Milestones

6.6        Contract Carriers

7.         Environment, Health, Safety and Rehabilitation (EHS&R)

7.1        Induction

7.2        Environment, Health and Safety Plans

7.3        The Safety Committee

7.4        Implementation of this Clause

7.5        OH&S Industry Induction

7.6        Formwork Safety

7.7        Temporary Power/Testing and Tagging

8.         Dispute resolution

8.1        Project  Disputes

8.2        Demarcation Disputes

9.         Monitoring Committee0

10.       Productivity initiatives1

10.1      Learning initiatives1

10.2      Inclement weather

10.3      The Site Management Plan

10.4      Maximising Working Time

10.5      Hours of Work

11.       Immigration Compliance

11.1      Immigration compliance

11.2      Legal right of employees to work

12.       Long Service Compliance

13.       No Extra Claims

14.       No Precedent

15.       Single Bargaining Unit

16.       Union Rights

16.1      Visiting Union Officials

16.2      Project Delegate

16.3      Rights of the Project Delegate

16.4      Union Membership

17.       Australian Content

18.       Protective Clothing

19.       Workers Compensation and Insurance Cover

20.       Apprentices

21.       Training and Workplace Reform

22.       Project Death Cover

23.       Anti-Discrimination

24.       Personal/Carers Leave

24.1      Use of Sick Leave

24.2      Unpaid Leave for Family Purpose

24.3      Annual Leave

24.4      Time-off in Lieu of Payment for Overtime

24.5      Make-up Time

24.6      Rostered days off

25.       Project Close-down Calendar


Annexure A - Parties

Annexure B - Scheduled Milestones

Programme Milestones

Annexure C - Authority to Obtain from DIMA

Details of Immigration Status


2.  Objectives


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


2.1        Work Organisation


(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; and


(f)         Increase the scope of sub-contract work packages to promote genuine skills enhancement and acquisition by Employees, consistent with their classification, training and qualification.


2.2        People Development/Skills


Provision of a career structure for all Employees based on skills and competencies and increased job satisfaction.



2.3        Environment & Safety


(a)        Provision of high standards of occupational health & safety on the Project; and


(b)        Improved impact of the Project on the environment.


2.4        Generally


Implementation of this Award, and compliance with all relevant statutory provisions;


Compliance by subcontractors with the provisions of applicable awards and/or enterprise agreements and legislative requirements;


Elimination of unproductive time;


Improved conditions for all Employees working on the Project;


Increased leisure time for Employees by eliminating excessive hours of work; and


Enhance job opportunities on the Project for persons who have a legal right to work including persons who wish to take on apprenticeships or traineeships.


3.  Definitions


"Award" means this Bovis Lend Lease Ferguson Centre-Parramatta Project Award made between the Parties.


"Bovis Lend Lease" means Bovis Lend Lease Pty Limited (A.C.N. 000 098 162) of 30 The Bond, 30 Hickson Road, Millers Point , Sydney NSW 2000.


"Contract Carrier" means carrier engaged in or in connection with a Contract of Carriage for the purposes of section 309 of the Industrial Relations Act 1996 where the Contract of Carriage is for carriage of Excavation and Demolition Material.


"Construction Manager" means the Construction Manager for the Project appointed by Bovis Lend Lease from time to time.


"Contract of Carriage" shall be as defined in the Industrial Relations Act 1996.


"Employee" means a person engaged by an Employer and who performs work on the Project.


"Employer" means Bovis Lend Lease and/or any subcontractors engaged to work on the Project.


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


"EHS&R" means Environment Health Safety and Rehabilitation.


"Environment Health Safety and Rehabilitation Policy" means either of the plan or policy devised and implemented by the Project Manager for the Project (as amended from time to time).


"Excavation and Demolition Material" shall be as defined in the Transport Industry - Excavated Materials Contract Determination published 24 October 1997, as varied.


"Monitoring Committee" means the committee established under clause 9 of this Award.


"Parties" means the Employers, and the Unions referred to in Annexure A.


"Practical Completion" means the completion of the Project, where the building is fit for occupancy and/or purpose, as determined by Bovis Lend Lease’s Client.

"Programme Milestones" means the milestones listed in Part 2 of Annexure B as amended by the Construction Manager from time to time.


"Project" means the construction works contracted to Bovis Lend Lease at the Ferguson Centre, 130 George Street, Parramatta.


"Project Delegate" means the Employee who is the accredited representative of the Unions on the Project.


"Safety Committee" means the site safety committee formed under the Occupational Health and Safety Act  (NSW) 2000.


"Site Management Plan" means the project or site management plan, a copy of which can be located at the office of the Construction Manager.


"Scheduled Milestones" means those targets described in Part 1 of Annexure B as amended under Clause 6.5 from time to time.


"Unions" means each of the Unions listed in Part 2 of Annexure A.


4.  Application


(a)        This Award will apply to work done on the Project by the Employees for the period the Employer engages the Employees to work on the Project.


(b)        Where Bovis Lend Lease engages a sub-contractor(s), it shall make it a condition of any contract that it enters into with its sub-contractor(s) that they will not employ or otherwise engage persons on terms  which are less favourable than those set out in this Award.


(c)        This Award is intended to supplement and co-exist with the terms of existing Enterprise Agreements and Awards and its primary purpose is to provide a framework for the Employers, Unions NSW and the Unions, to manage those issues on the Project which affect more than one Employer.


5.  Duration


This Award shall operate on and from 1st July 2005 until Practical Completion.


6.  Industry Standards


6.1        Redundancy


(a)        Employers are required to comply with all relevant provisions of enterprise agreements or other legislative requirements in relation to Employee redundancy payments;


(b)        The Parties recognise the merit of Employers contributing to an appropriate Redundancy Scheme.


6.2        Top Up/24 Hour Income Protection Insurance


Each Employer will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with the U-PLUS scheme or other similar schemes which are approved by the Parties to this Award.


6.3        Productivity allowance


(a)        Provided the Scheduled Milestones and the Programme Milestones are met, the Employer will pay a productivity allowance for each hour worked on the Project.


(b)        The productivity allowance under this Award is $1.25 per hour worked.


(c)        The Construction Manager will determine whether the Scheduled and Programme Milestones have been achieved and if the Milestones have been met, the Project Manager will advise the Employers and the Monitoring Committee accordingly.


6.4        Payment of the productivity allowance


(a)        The productivity allowance


The Parties agree that the productivity allowance is paid only if the Scheduled Milestones and the Programme Milestones are met.


The Milestones are comprised of two (2) elements:


(i)         works completed against the Programme Milestones; and


(ii)        works completed to the Scheduled Milestones.


(b)        Programme and Scheduled Milestones


The Parties agree to use their best endeavours to meet or exceed the Scheduled and Programme Milestones.


(i)         The productivity allowance shall be calculated and paid as follows:


1.          the Construction Manager will review the works monthly and will verify the achievement of the Programme and Scheduled Milestones;


2.          the Construction Manager will advise the client as to whether the relevant Programme and Scheduled Milestones have been achieved;


3.          if the relevant Programme and Scheduled Milestones are met, the payment shall be $1.25 per hour for each hour of time worked; and


4.          payment shall be made as part of weekly wages.


(ii)        In the event that a Programme or Scheduled Milestone is not achieved, the Monitoring Committee shall meet with the Project Manager to determine:


1.          the reason why the milestone target was  not achieved; and


2.          the action required to catch up the next milestone target.


(iii)       If a Programme Milestone or Scheduled Milestone is not achieved for two consecutive months, due to the activities or failures of the Employees:


1.          the productivity allowance shall cease being paid; but


2.          if in a following period work catches up to the Schedule, the completion to programme schedule component shall recommence, and shall include payments for the preceding period(s) not paid.


(iv)      Payment shall be calculated on an hours worked basis only and shall not include any calculation of award or other entitlements.


(v)       The Parties agree that achievement of the identified Scheduled Milestones shall be determined by Bovis Lend Lease’s client and Unions NSW in conjunction with the Unions.



(c)        Transport workers


(i)         The Parties agree that the Award does not apply to purely incidental activities such as couriers.  This Award will apply to transport workers who are employed by an Employer if the relevant Employer makes deductions from the remuneration of the transport worker(s) in accordance with the "Pay As You Earn" provisions of the Income Tax Assessment Act 1936.


(ii)        The Parties agree that any transport worker carrying out work relating to the Project will be paid the Project productivity allowance of $1.25 per hour, provided that the transport worker is involved with the Project for two or more hours on any calendar day.


6.5        Changing the Programme and Scheduled Milestones


The Parties agree that the Scheduled and Programme Milestones must be reviewed and updated throughout the life of the Project and that the Monitoring Committee will meet at regular intervals and with the Construction Manager, agree and set new Scheduled and Programme Milestones.


6.6        Contract Carriers


The Parties agree that all Contract Carriers shall be paid not less than the rates of remuneration set out in Part B of the Transport Industry Excavated Materials Contract Determination.


7.  Environment, Health, Safety and Rehabilitation (EHS&R)


7.1        Induction


All Employees must attend an EHS&R induction course on commencement of their engagement on the Project.


7.2        Environment, Health and Safety Plans


All Employers must submit an environment, health safety and rehabilitation management plan, in accordance with the Safety Alliance for the Construction Industry "S" Pack, to Bovis Lend Lease.  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 and/or accidents;


(g)        compliance verification; and


(h)        regular EHS&R meetings, inspections and audits of the Project.


7.3        The Safety Committee


The Safety Committee will be properly constituted and will abide by the agreed procedures as defined in its constitution and as revised from time to time.  All members of the Safety Committee will undertake Occupational Health and Safety training with Comet Training or other agreed providers.  The Safety Committee may invite the Union to attend any Safety Committee meeting or site inspection.


7.4        Implementation of this Clause


(a)        The Parties acknowledge and agree that all Parties are committed to safe working procedures and to the Project Environment Health and Safety Policy.


(b)        If the Construction Manager or the Safety Committee is of the opinion that an Employee or Employer has committed a serious breach of either the Environment Health and Safety Policy or the relevant safety management plan (or any other agreed safe working procedures), the Project Manager (or the Construction Manager on recommendation from the Safety Committee) will implement disciplinary action against the Employer or Employee which may include taking all steps required to remove the Employer or Employee from the Project.


(c)        The Parties agree that in the event  an unsafe condition exists, work is to continue in all areas not affected by that condition and that an Employer may direct Employees to move to a safe place of work. No Employee will be required to work in any unsafe area or situation.


7.5        OH&S Industry Induction


No person will be engaged on site unless he or she has completed an Industry Occupational Health and Safety Induction approved by the WorkCover Authority of NSW.


7.6        Formwork Safety


All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover Formwork Certificate of Competency.  Where an employee does not have a Certificate of Competency, Comet or another agreed provider, will be contacted to assess the qualifications of the relevant Employee.


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 tradespeople.  Testing and tagging is to be carried out only by licensed electricians.


7.8        Crane Safety


No mobile crane will be allowed on the Project site unless it has been certified by Cranesafe Australia (New South Wales).  Such cranes will be required to display their current Cranesafe inspection label and their RTA registration certificate.


8.  Dispute Resolution


One of the aims of this Award is to eliminate lost time in the event of a dispute and to achieve, through genuine negotiation, prompt resolution of any dispute.


8.1        Project Disputes


In the event of a dispute or conflict effecting more than one Employer or the progress of the Project, the following procedure will be adopted:


(a)        Discussion between those directly affected;


(b)        Discussion between site management representatives of Bovis Lend Lease and the Union delegate;


(c)        Discussion between site management representatives of Bovis Lend Lease and the Union organiser;


(d)        Discussion between senior management of Bovis Lend Lease and the appropriate Union official;


(e)        Discussion between the Secretary of the relevant Union (or nominee) and Bovis Lend Lease NSW Operations Manager (or nominee);


(f)         If the dispute is not resolved after step (e), the Employer 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);


(g)        Work shall continue without interruption or dislocation whilst the parties to the dispute are genuinely attempting to resolve the dispute.


8.2        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)        Work shall continue without interruption or dislocation during discussion and resolution of disputes. This will not prejudice the position of any party;


(b)        Discussion between Unions NSW and the Unions to try to resolve the dispute;


(c)        The parties agree that the outcome of any matter dealt with the terms of Clause 8.2 (b), shall not be used as a precedent, reference, example or exhibit in any way whatsoever in matters arising from this Project;


(d)        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);


(e)        Nothing in this sub clause shall affect the rights of an Employer or a Union in relation to the settlement of any demarcation issue.


8.4        Procedures to prevent Disputes Regarding Non- Compliance


(a)        Bovis Lend Lease will check monthly payments of subcontractors companies engaged on site, superannuation, redundancy and extra insurance to ensure payments for employees have been made as required.  The Parties shall also check that employers have not introduced arrangements such as and not limited to ‘all-in’ payment and or ‘cash-in-hand’ payments, (i.e. payments designed to avoid tax and other statutory obligations and sham subcontract arrangements.)  Where such practices are identified the Company will take immediate steps to ensure that any such arrangements are rectified and that any Employee affected by any such arrangement receives all statutory entitlements.


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


(c)        In accordance with Section 127 of the Industrial Relations Act 1996, Section 175(b) of the Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll Tax Act 1971 the principal contractor will obtain all applicable Sub-Contractors Statements regarding workers’ compensation, payroll tax and remuneration.


(d)        The Project delegate shall be given reasonable time during working hours to assist the Construction Manager, or his or her nominee, in the tasks set out in sub clauses 8.4(a) and 8.4(c) above.  The Project delegate or union official shall advise Bovis Lend Lease if they believe the information which has been provided by any sub-contractor is not correct.


(e)        Any dispute concerning non-compliance shall be resolved in accordance with the dispute settling procedures of this Award.


9.  Monitoring Committee


(a)        The Parties will establish a committee to monitor the success of this Award.


(b)        This Monitoring Committee will meet at the commencement of construction and then at monthly intervals or as required during construction on the Project.


(c)        The Monitoring Committee will consider ways in which the aims and objectives of this Award can be enhanced, which may include, but not be limited to discussion of:


developing more flexible ways of working;

enhancing occupational, health and safety;

productivity plans;

compliance with Awards and other statutory requirements by Employers; and

inserting new scheduled milestones into Annexure B.


If the principles of this Award are not being followed, the Committee will develop a plan in consultation with the Parties, to implement the intent of the Award.


(d)        the Monitoring Committee will meet at quarterly intervals or as required to review existing milestones and will set new milestones as appropriate during the course of this Award.


10.  Productivity Initiatives


10.1      Learning initiatives


Each Employer shall be required to demonstrate to Bovis Lend Lease implementation of commitment to skill enhancement and workplace reform while working on the Project.


10.2      Inclement weather


The Parties to this Award will collectively proceed towards the minimisation of lost time due to inclement weather.


Further, the Parties are bound to adopt the following principles with regard to inclement weather and idle time created by inclement weather:


(a)        Adoption of a reasonable approach regarding what constitutes inclement weather;


(b)        Employees shall accept transfer to an area or site not affected by inclement weather if, in the opinion of the Parties, useful work is available in that area or site and that work is within the scope of the 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);


(c)        Where the initiatives described in (b) above are not possible or non-productive, the use of non-productive time will be used for activities such as relevant and meaningful skill development; production/upgrade of skill modules; presentation and participation in learning; planning and reprogramming of the Project;


(d)        All Parties are committed to an early resumption of work following any cessation of work due to inclement weather;


(e)        The Parties agree the practice of "one out, all out" will not occur.


10.3      The Site Management Plan


(a)        The Parties agree that the Site Management Plan ("the Plan") is of paramount importance to the productive and efficient operations of the Project.


(b)        The Parties agree that they will comply with the Plan.


(c)        The Plan consists of sub-plans covering the following areas:


deliveries, materials handling and personnel movement;

pedestrians, visitors and members of the public;

existing operators and neighbours;

protection of existing trees;

construction noise;

hours of work;

waste management and clean up;

behaviour on site.


(d)        If the Construction Manager considers that an Employee or Employer has committed a serious breach of the plan, the Construction Manager will discuss this matter with the relevant Employer and Union. After this discussion the Construction Manager may recommend that the Employee/Employer be removed from the Project.


10.4      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.  There will be no unreasonable interruption of the comfort of Employees having lunch and the amenities will be maintained in a clean and hygienic state at all times.


10.5      Hours of Work


(a)        Ordinary hours of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to Friday.  However, ordinary hours may commence from 5.00am by agreement between the Employer, Employee and relevant Union.


(b)        The Parties recognise that, in general, the hours worked by individuals in the construction industry are not consistent with the objectives of maintaining high productivity or a high quality of life. As a means of improving this situation, no Employee on this Project will be expected to work in excess of 58 hours per week except in an emergency.


11.  Immigration Compliance


11.1      Immigration compliance


The Parties are committed to compliance with Australian immigration laws so as to ensure maximum work opportunities for unemployed permanent residents and Australian citizens. Employers will be advised by Bovis Lend Lease of the importance of immigration compliance.  Where there is concern that illegal immigrants are being engaged by an Employer on the Project, Bovis Lend Lease will act decisively to ensure compliance.


11.2      Legal right of employees to work


Employers are required, prior to employees commencing work on-site, to check the legal right of employees to work.  The authorisation form attached to this Award (as per Annexure C) may assist in providing evidence of the employee’s legal status.


12.  Long Service Compliance


If applicable, in accordance with the NSW Building and Construction Industry Long Service Leave Act, no Employee will be engaged on site unless he or she is a worker registered under the relevant long service leave legislation.  All Employers (if applicable) engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and will strictly comply with their obligations.


13.  No Extra Claims


The Parties agree that they will not pursue extra claims in respect of matters covered by this Award (including but not limited to any claim for a disability allowance) during the term of this Award.


14.  No Precedent


The Parties agree not to use this Award as a precedent and that this Award will in no way create a claim for flow-on of on-site wage rates and conditions.


15.  Single Bargaining Unit


This Award was negotiated by Unions NSW on behalf of the Unions and by Bovis Lend Lease in its own right and on behalf of the Employers.


16.  Union Rights


The Parties to this Award acknowledge the right of Employees to be active union members and respect the right of the relevant Union to organise and recruit Employees.  The Parties to this Award also acknowledge that good communication between the union official, the delegate and its members is an important mechanism in assisting the Parties to resolve grievances and disputes in a timely fashion.


16.1      Visiting Union Officials


(a)        Union officials (party to this 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 and Regulations, and other statutory/legislative obligations for entry to the site.


(c)        If an accredited Union official exercises a right of entry in accordance with the relevant legislation to inspect a breach, the Union official may inspect and make copies of records relevant to the suspected breach.


16.2      Project Delegate


Parties to this Award recognise that the Project workforce will elect a Project Delegate who shall be the principal spokesperson for the Project workforce.


16.3      Rights of the Project Delegate


(a)        The Parties acknowledge it is the sole right of the Project workforce to elect the Project Delegate, who shall be recognised as the authorised representative of the Unions in respect of the Project.


(b)        The Project 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.


(c)        The Project Delegate shall have the right to communicate with the Project workforce in relation to industrial matters without impediment by an Employer.  Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by an Employer:


(i)         moving the Project Delegate to a workplace or work situation which prevents or significantly impedes communication with the Project workforce;


(ii)        changing the Project Delegate’s shifts or rosters so that communication with Employees is prevented or significantly impeded; and


(iii)       disrupting duly organised meetings.


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


(i)         the introduction of new technology on the Project and other forms of workplace change;


(ii)        career path, reclassification, training issues; and to initiate discussions and negotiations on any other matters affecting the employment of the Employees;


(iii)       ensuring that Employees on the Project are paid their correct wages, allowances and other lawful entitlements;


(iv)      to check with relevant industry schemes so as to ensure that superannuation, long service leave and redundancy has been paid on time.


(e)        In order to assist the Project Delegate to effectively discharge his or her duties and responsibilities, the Project Delegate shall be afforded the following rights:


(i)         the right to reasonable communication with other delegates on the Project site, union officials and management in relation to industrial matters, where such communication cannot be dealt with or concluded during normal breaks in work;


(ii)        at least 10 days per year paid time off work to attend relevant Union training courses/forums.


(f)         The Employer of the Project Delegate shall provide to the Project Delegate the following:


(i)         a lockable cabinet for the keeping of records;


(ii)        a lockable notice board for the placement of Union notices at the discretion of the Project Delegate;


(iii)       where practicable, and if agreed to, a Project Delegate office;


(iv)      where a Project Delegate office is not practicable, access to a meeting room;


(v)       use of the telephone for legitimate union business associated with the Project;


(vi)      from existing resources, and when required for legitimate union Project related business, access to a word-processor, typewriter, a photocopier, facsimile machine and e-mail.


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


16.4      Union Membership


(a)        Properly accredited officials and workplace representatives of the Union shall have the right to be provided with appropriate access to Employees to promote the benefits of union membership.


(b)        To assist in this process the Employer shall:


(i)         if requested, and on the written authority of the Employee, provide payroll deduction services for union fees.  Such fees shall be remitted to the union on a monthly basis with enough information supplied to enable the union to carry out a reconciliation; and


(ii)        provide the union with access to talk to new Employees.


(c)        Nothing in this clause shall be contrary to the relevant legislation.


17.  Australian Content


The Project Manager shall endeavour to maximise Australian content in materials and construction equipment on the Project where practical and feasible.


18.  Protective Clothing


(a)        Employers will provide their Employees engaged on site with legally produced Australian made protective clothing on the following basis:


Safety Footwear


Appropriate safety footwear shall be supplied on commencement if not already provided, to all persons engaged on the Project and will be replaced on a fair wear and tear, provided it is produced to the Employer as evidence.




Two sets of protective clothing (combination of bib and brace or shorts, trousers and shirts) will be supplied to all persons after accumulated engagement on site of 152 hours or more and will be replaced once per calendar year thereafter.




Each person, after accumulated employment on site of 152 hours shall be eligible to be issued with warm bluey jacket or equivalent, which will be replaced once per calendar thereafter.


(b)        In circumstances where any Employee(s) of an Employer is/are transferred to the Project from another project where an issue of equivalent clothing was made, then such Employees shall not be entitled to an issue on this Project until the expiry of the calendar year or on a fair wear and tear basis.


(c)        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 Enterprise Agreement shall not be entitled to the provisions of this clause.


(d)        Employers will consult with Unions NSW to be provided with a list of Australian manufacturers who use legal labour in the manufacturing of their work clothes.


(e)        All transport workers who are involved on the Project for longer than 2 hours on any calendar day, will be provided with safety footwear, one set of clothing and one jacket by their Employer prior to commencement on the Project, unless they have been provided with such footwear and clothing by their  Employer within the previous 12 month period.


19.  Workers Compensation and Insurance Cover


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


(b)        Bovis Lend Lease will audit Certificates of Currency from each Employer engaged on site to ensure that the wages estimate and tariff declared for the type of work undertaken is correct.  This information will be available to accredited Union officials on request.


(c)        Employers and their Employees must comply with the following steps to ensure expedited payment of workers compensation.


(i)         All Employees will report injuries to the Project first aider and their supervisor at the earliest possible time after the injury.(ii) 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.


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


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


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


All Employees must enter in the register any injury received by the Employee.  The Employer must be notified of all injuries on site immediately.


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


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


(e)        An Employer who has received compensation money from an insurer shall as soon as practicable pay the money to the person entitled to the compensation.


20.  Apprentices


As part of the Project’s commitment to learning and skills development, a ratio of one apprentice/ trainee to every five tradespersons within each Employer’s workforce is to be maintained on the Project.


21.  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.


22.  Project Death Cover


Bovis Lend Lease will guarantee that the beneficiary of any Employee who dies as a consequence of working on the Project will be paid a death benefit of $25,000. Such benefit shall be paid within fourteen (14) days of the production of appropriate documentation.  This payment shall be in addition to any other entitlement that might be paid to the beneficiary as a consequence of the death of the Employee.


23.  Anti-Discrimination


(a)        It is the intention of the Parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.


(b)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award, the Parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects.  It will be consistent with fulfilment of these obligations for the Parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.


(c)        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.


(d)        Nothing in this clause is to be taken to affect:


(i)         any conduct or act which is specifically exempted from anti-discrimination legislation;


(ii)        offering or providing junior rates of pay to persons under 21 years of age;


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


(iv)       a Party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.


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


24.  Personal/Carers Leave


This clause is applicable only in respect to the Carers and Parental Leave provisions.


24.1      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 26.1 (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)        a spouse of the Employee; or


(b)        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


(c)        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


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


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


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


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


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


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


24.2      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 26.1 (c)(ii) above who is ill.


24.3      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 26.3(a) above, shall be exclusive of any shutdown period provided for elsewhere under this 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.


24.4      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 26.4(a), the Employee shall be paid overtime rates in accordance with the award.


24.5      Make-up Time


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


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


24.6      Rostered days off


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


(b)        An Employee may elect, with the consent of the Employer, to take RDOs in part day amounts.


(c)        An Employee may elect, with the consent of the Employer, to accrue some or all RDO's 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 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.


25.  Project Close-Down Calendar


(a)        For the purposes of this Award the Parties agree that the following Project Close-down Calendar will be adopted for the Project.  The Project Close-down Calendar has been produced with a view to maximising quality leisure time off for all employees.  Accordingly, the Parties agree that on certain weekends (as set out in the Project Close-down Calendar), no work shall be carried out.


(b)        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 below, subject to the agreement of the appropriate union secretary, or his or her nominee.  In such circumstances reasonable notice (where possible), shall be given.


Project Shut-down Calendar 2005 -2006



October 1

Labor Day Shut Down Weekend


October 2



October 3

Labor Day Public Holiday


October 4






December 3

Union Picnic Day Shut Down Weekend


December 4



December 5

Union Picnic Day


December 6



December 23



December 24

No work Saturday


December 26

Public Holiday


December 27

Public Holiday





January 2

Public Holiday


January 26

No Work Public Holiday


January 27

RDO (fixed)


January 28

No Work Saturday


January 29

No Work Sunday





April 14

No Work Public Holiday


April 15

No Work Saturday


April 16

No Work Sunday


April 17

No Work Public Holiday


April 22

No Work Saturday


April 23

No Work Sunday


April 24

RDO (fixed)


April 25

No Work Public Holiday


ANNEXURE A (Parties)


Part 1




Bovis Lend Lease Pty Limited and/or any subcontractors engaged to work on the Project.


Part 2




Unions NSW


Construction Forestry Mining and Energy Union (NSW Branch) (CFMEU)


New South Wales Plumbers and Gasfitters Employees Union;


Automotive Food Metals Engineering Printing & Kindred Industries Union (also known as AMWU)


Electrical Trades Union of Australia (NSW Branch)


Transport Workers Union (TWU)




Part 1


Scheduled Milestones






1.  Programme

Maintain and achieve

Follow Overall, Medium



Nett Construction

Range & Short Range






2.  EH&S

Protection and

Minimise disruption to



relationship with public

public and tenants.



and tenants.

Reduction in severity and



Reduction of potential

frequency of P1’s.



class one occurrences.

Reduction in safety



Compliance with Safe




work method statements.

Monitor SWMS and



Inductions to site and to

actual method.




All employees attend






3.  Quality

Compliance with AFC

Verification of ITP’s and



specifications drawings

Consultant QA reports.



and documentation.



4.  Behaviour/Hours of

Quiet enjoyment for the

No Complaints



existing tenants.




Refer Management Plan




for further issues.



5.  Zero Lost Time

No lost time due to site

Marked up programme







Part 2


Programme Milestones


Milestone 1

Complete levels 4,5,6,7 & 8

14 October 2005

Milestone 2

Complete façade

15 January 2006

Milestone 3

Practical  Completion

23 February 2006








(Family Name)

(Given Name/s)



Date of Birth:






Visa number:

Passport number:




authorize the Department of Immigration and Multicultural Affairs (DIMA) to release by fax to:




(Name of employer representative)





details of my immigration status and entitlement to work legally in Australia.


This information will only be made available to the employer representative or an authorised trade union officer on request.


I also understand the above-named will only use this information for the purpose of establishing and verifying only my legal entitlement to work in Australia and for no other purpose.






Name of employer:







Please fax this form to:

The Department of Immigration and Multicultural Affairs


Fax: 1800 505 550



M. J. WALTON  J, Vice-President.






Printed by the authority of the Industrial Registrar.

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