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AUSTRALAND HOLDINGS LIMITED COLES MYER REGIONAL DISTRIBUTION CENTRE GOULBURN PROJECT AWARD 2005
  
Date01/06/2006
Volume355
Part5
Page No.1063
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4197
CategoryAward
Award Code 1847  
Date Posted01/06/2006

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(1847)

(1847)

SERIAL C4197

 

AUSTRALAND HOLDINGS LIMITED COLES MYER REGIONAL DISTRIBUTION CENTRE GOULBURN PROJECT AWARD 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Unions New South Wales, industrial organisation of employees.

 

(No. IRC 5477 of 2005)

 

Before Mr Deputy President Grayson

4 November 2005

 

AWARD

 

1. Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Objectives

3.         Definitions

4.         Application

5.         Duration

6.         Industry Standards

6.1        Superannuation and Redundancy

6.2        Top Up/24 Hour Income Protection Insurance

7.         Project Productivity Allowance

7.1        Project Allowance

7.2        Transport Workers

8.         Productivity Initiatives

8.1        Learning Initiatives

8.2        Inclement Weather

8.3        Rostered Days Off

8.4        Maximising Working Time

8.5        Hours of Work

9.         Occupational Health, Safety and Rehabilitation (OHS&R)

9.1        OH&S Industry Induction

9.2        Occupational, Health and Safety Plans

9.3        The Safety Committee

9.4        Safety Procedures

9.5        Unsafe Working Conditions

9.6        Formwork Safety

9.7        Temporary Power/Testing and Tagging

9.8        Crane Safety

10.       Dispute Resolution

10.1      Employer specific disputes

10.2      Project Wide Disputes

10.3      Demarcation Disputes

10.4      Procedures to prevent Disputes Regarding Non-Compliance

11.       Monitoring Committee

12.       Immigration Compliance

13.       Long Service Compliance

14.       No Extra Claims

15.       No Precedent

16.       Union Rights

16.1.     Visiting Union Officials

16.2      Workplace Delegates

16.3      Union Membership

17.       Australian Content

18.       Protective Clothing

19.       Workers Compensation and Insurance Cover

20.       Training and Workplace Reform

21.       Project Death Cover

22.       Anti-Discrimination

23.       Personal/Carers Leave

23.1      Use of Sick Leave

23.2      Unpaid Leave for Family Purpose

23.3      Annual Leave

23.4      Time Off in Lieu of Payment for Overtime

23.5      Make Up Time

23.5      Make-up Time

23.6      Rostered days off

24.       Project Close-Down Calender

 

Annexure A

Annexure B

 

2.  Objectives

 

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

 

a)         Forms of work organisation which encourage the use and acquisition of skills and continual learning;

 

b)         Effective management practices;

 

c)         Communication processes which facilitate participation by all Employers, Employees and Unions

 

d)         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)         Provision of 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 Award

 

k)         Compliance with all relevant statutory provisions;

 

l)          Elimination of unproductive time;

 

m)        Improved compliance by the Employers with the provisions of applicable awards and/or enterprise agreements and legislative requirements;

 

n)         Increased leisure time for Employees by eliminating excessive or unnecessary overtime; and

 

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

 

2.2        In addition to the above objectives it is an objective of the Unions that all companies working on the project should have an Enterprise Agreement with the appropriate Union.

 

3.  Definitions

 

"Australand" means the NSW Commercial & Industrial Divisions of Australand Holdings Limited.

 

"Award" means Unions NSW and Australand Holdings Limited Coles Myer Regional Distribution Centre Goulburn Project Award 2005.

 

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

 

"Employer" means Australand Holdings Limited and any Subcontractor engaged by Australand to work on the project. 

 

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

 

"Monitoring Committee" means the committee established under clause 11 of this Award.

 

"OHS&R" means Occupational Health Safety and Rehabilitation.

 

"Occupational Health Safety and Rehabilitation Policy" means the plan devised and implemented by the Project Manager for the Project (as amended from time to time).

 

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

 

"Practical Completion" means the date on which the Project is complete, including that the building is fit for occupancy and/or purpose.

 

"Project" means the construction works on the Coles Myer Regional Distribution Centre carried out by Australand Holdings Limited at 302 Hume Highway, Goulburn.

 

"Project Manager" means the Project Manager (Delivery) for the Project appointed by Australand Holdings Limited from time to time.

 

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

 

"Superannuation Guarantee Legislation" means the Superannuation Guarantee (Administration) Act 1992 and Superannuation Guarantee Charge Act 1992 (as amended from time to time).

 

4.  Application

 

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

 

4.2        Where Australand Holdings Limited engages 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 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 Award form part of the tender conditions for work on this Project.

 

4.4        This 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 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 18 October 2005 and remain in force until Practical Completion.

 

6.  Industry Standards

 

6.1        Superannuation and Redundancy

 

(a)        The Employers will make a contribution of $100.00 per week or 9% of ordinary time earnings (whichever is the greater) on behalf of each of its Employees to the superannuation fund nominated in the relevant industrial instruments, including C+BUS; NESS; STA, TWU or other schemes as agreed between the parties.

 

(b)        The Employers will make a contribution of $61 per week into ACIRT or MERT or other schemes approved by the Parties.  This contribution satisfies the Employers' obligations to make such contributions (or any similar contribution) to a redundancy trust fund under any other industrial instrument.

 

6.2        Top Up/24 Hour Income Protection Insurance

 

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

 

7.  Project Productivity Allowance

 

7.1

 

(a)        Subject to subclause 7.2, the Employer will pay an amount of $1.75 project productivity allowance to all persons it engages on the Project for each hour worked on the Project.

 

(b)        The Productivity Incentive Payment referred to in this clause is not intended to affect any  allowance otherwise payable under a building award or enterprise agreement as defined in clause 3 of this Award. 

 

7.2        Transport Workers

 

(a)        Employees - Rates of Pay

 

It is further agreed that any Transport Worker carrying our work relating to the project will be paid, in addition to his/her Award or Enterprise Agreement rate of remuneration, unless the enterprise agreement specifically absorbs project productivity payments and/or allowances, any applicable project productivity allowance, provided that the driver has had a regular involvement of two (2) hours or more on any day with the Project.

 

(b)        Contract Carrier

 

The Parties agree that all Contract Carriers involved in the Transport Industry shall be paid the rates of pay applicable under the Transport Industry Excavated Materials Contract Determination for the cartage of materials to, on and from the site.

 

(c)        GST

 

Rates paid to contractor’s carriers, including any applicable project productivity allowance, shall be exclusive of GST.  A separate amount equal to 10% of the value of the remuneration payable shall be paid to the carrier for contracts of carriage (the GST amount).  The total fee payable to the contract carrier shall be the sum of the remuneration payable and the GST amount.

 

8.  Productivity Initiatives

 

8.1        Learning Initiatives

 

Each Employer shall be required to demonstrate to Australand its implementation of its commitment to skill enhancement while working on the Project.

 

8.2        Inclement Weather

 

(a)        The Parties to this 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, 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);

 

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

 

(iv)      All Parties are committed to resuming work as soon as possible following any cessation of work due to inclement weather;

 

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

 

8.3        Rostered Days Off

 

(a)        Subject to Clause 24 a procedure for the implementation of Rostered Days Off (RDO's) will be agreed on the Project, the purpose of which is to:

 

(i)         increase the quality of working life for Employees; and

 

(ii)        increase and maximise the productivity of the Project.

 

(b)        Records of each Employee’s RDO accruals will be recorded on the Employee's pay slip and copies made available to the Employee, the Employee’s delegate or union official upon request. It is acknowledged that different arrangements in relation to the banking of RDO's may apply to members of the CEPU.

 

(c)        Where an Employee and Employer agrees, work may be performed on any RDO and the relevant Employer will arrange with its Employee for an alternative day to be taken off.  Any banking of the RDO must be with the Employee's consent.  Where agreement is reached between the Employer and Employee, and an alternative day is substituted for the RDO, the scheduled RDO will be treated by the Employer and Employee as an ordinary working day.

 

8.4        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 with the amenities to be maintained in a clean and hygienic state at all times.

 

8.5        Hours of Work

 

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 and Employee and the relevant Union.

 

9.  Occupational Health, Safety and Rehabilitation (OHS&R)

 

9.1        Induction

 

(a)        No person will be engaged to perform work on the Project unless they have completed the WorkCover NSW Accredited OH&S Industry Induction Course.

 

(b)        All persons who enter the Project site, must attend a site induction course coordinated and prepared by Australand before they will be permitted to enter the relevant site.

 

(c)        All transport workers involved on the Project shall hold an appropriate Blue Card Induction Program conducted by a licensed Blue Card Training Provider.

 

9.2        Occupational Health and Safety Plans

 

(a)        All Employers must prepare and submit to Australand an occupational, health safety and rehabilitation management plan in the format required by the Employer's contract with Australand for the performance of work on the Project.  These plans should include details about:

 

risk assessment of their works;

 

hazard identification, prevention and control;

 

planning and re-planning for a safe working environment;

 

industry and trade specific induction of Employees;

 

monitoring performance and improvement of work methods;

 

reporting of all incidents/accidents;

 

compliance verification; and

 

regular Occupational Health Safety & Rehabilitation meetings, inspections and audits of the Project.

 

9.3        The Safety Committee

 

A Safety Committee for the Project will be established and trained in accordance with the applicable occupational health and safety legislation.

 

9.4        Safety Procedures

 

(a)        The Parties acknowledge and agree that all Parties are committed to safe working procedures and that any disregard by an Employee of the Employer's or Australand's safety policies and procedures will not be tolerated.

 

(b)        If the Australand management and/or the Safety Committee is of the opinion that an Employee or Employer has committed a serious breach of either the Occupational Health and Safety Plan, any other applicable occupational health and safety policy or procedure or safe working practices, the Parties acknowledge that Australand may take disciplinary action against the Employer and/or direct an Employer to take disciplinary action against the Employee, which may include taking all steps required to remove the Employee from the Project or terminating or suspending the Employer's engagement on the Project.

 

9.5        Unsafe Working Conditions

 

In the event that Australand and/or the Safety Committee determines that an unsafe working condition exists, then the Parties acknowledge that:

 

(a)        no Employee will be directed to work in that unsafe working area; and

 

(b)        productive work must continue in all areas that are not affected by that unsafe condition and that an Employer may direct Employees to work in an alternative area that is safe.

 

9.6        Formwork Safety

 

All Employees engaged to work on the erection or dismantling of formwork must have the relevant WorkCover Formwork Certificate of Competency.  Where an Employee does not have a Certificate of Competency, an accredited organisation will be contacted to assess the qualifications of the relevant employee.

 

9.7        Temporary Power/Testing and Tagging

 

In order to maintain the highest standards of safety on the Project in relation to the use of electricity during construction, it is agreed that the temporary installation must be installed strictly in accordance with AS 3012 (1995).  All electrical work on the Project is to be carried out by qualified electrical tradespersons.  Testing and tagging is to be carried out only by qualified electrical tradespersons.

 

9.8        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.

 

10.  Dispute Resolution

 

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

 

10.1      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 procedure will be adopted:

 

(a)        Discussion between those directly affected, including the relevant Employee and their direct supervisor;

 

(b)        Discussion between site management representatives of the Employer and the Union delegate;

 

(c)        Discussion between site management representatives of the Employer and the Union organiser;

 

(d)        Discussion between senior management of the Employer, Australand and the appropriate Union official;

 

(e)        Discussion between the Secretary of the relevant Union (or nominee) and the relevant Australand Senior NSW Construction Manager/General Manager Construction (or nominee);

 

(f)         If the dispute is not resolved after step (e), any of the Parties to the Award or Australand may elect to 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).

 

(g)        Work shall continue without disruption or dislocation during the discussions and negotiations concerning the dispute.

 

10.2      Project Wide Disputes

 

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

 

(a)        Discussion between those directly affected;

 

(b)        Discussion between site management representatives of Australand and the Union delegate;

 

(c)        Discussion between site management representatives of Australand and the Union organiser;

 

(d)        Discussion between senior management of Australand and the appropriate Union official;

 

(e)        Discussion between the Secretary of the relevant Union (or nominee) and the relevant Australand Senior NSW Construction Manager/ General Manager Construction - (or nominee);

 

(f)         If the dispute is not resolved after step (e), any of the Parties to the Award or Australand may elect to 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).

 

(g)        Work shall continue without disruption or dislocation during the discussions and negotiations concerning the dispute.

 

10.3      Demarcation Disputes

 

The Unions will use their best endeavours to resolve any demarcation dispute.

 

In the event that a dispute arises which cannot be resolved between the relevant Unions, the Unions agree to resolve the dispute in a timely manner strictly in accordance with the following procedures:

 

(a)        Productive work shall continue without interruption or dislocation during discussion and resolution of dispute, including no work stoppages or other forms of industrial action;

 

(b)        The relevant Unions must notify and commence discussions with Unions NSW and the Unions to try to resolve the dispute;

 

(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).

 

For the avoidance of doubt, the Unions agree that there shall be no work stoppages or industrial action on the Project as a consequence of or in connection with a demarcation dispute.

 

10.4      Procedures to prevent Disputes Regarding Non-Compliance

 

(a)        Australand, in association with the accredited Project union delegates, will check monthly payments of Employers in relation to superannuation, redundancy and extra insurance to ensure payments to or on behalf of the Employer’s Employees have been made, as required.  Australand and the Project union delegate shall also check that Employers have not introduced arrangements designed to avoid tax and other statutory obligations or sham subcontract arrangements, such as ‘all-in’ payment and or ‘cash-in-hand’ payments.  Where such practices are identified, the Employer will take immediate steps to ensure that any such arrangements are rectified and that any Employee affected by any such arrangement receives all statutory and other entitlements.

 

(b)        Each Employer engaged on the Project will be specifically advised and monitored, in accordance with clause 10.4(c) below, 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 and Part 5B s1G-31J of the Payroll Tax Act 1971 Australand will require all Employers to complete (as required) an applicable statement regarding workers’ compensation, payroll tax and remuneration.  If requested, these statements will be made available to an accredited trade union officer or the Project union delegate.

 

(d)        The relevant Union delegate or Union official shall advise Australand if they believe that the information which has been provided by any Employer in accordance with their above obligations is not correct.  Australand will then raise this matter with the relevant Employer.

 

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

 

11.  Monitoring Committee

 

11.1      The Parties may establish a committee to monitor the implementation of this Award.  The Monitoring Committee’s members will be nominated by and represent Australand and the Employers and Unions NSW and its affiliates.

 

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

 

11.3      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:

 

(a)        developing more flexible ways of working;

 

(b)        enhancing occupational health and safety;

 

(c)        productivity plans, and

 

(d)        compliance with the Award and other statutory requirements by Employers, Employees and Unions.

 

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

 

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 Australand of the importance of immigration compliance.  Where there is concern that illegal immigrants are being engaged by an employer on the Project, Australand will act decisively to ensure that Employers comply with Australian immigration laws.

 

12.2      Employers are required, prior to potential Employees commencing work on-site, to check the legal right of the potential Employee to work.  The authorization form attached to this Award as per Annexure D will assist in providing evidence of the potential Employee’s legal status.

 

13.  Long Service Compliance

 

If applicable, and in accordance with the NSW Building and Construction Industry Long Service Leave Act, no Employee will be engaged by an Employer to work on the Project unless he or she is a worker registered with the NSW Long Service Payments Corporation.  All Employers (if applicable) engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and will strictly comply with their obligations.

 

14.  No Extra Claims

 

It is a term of this Award that Unions NSW, Employees and Unions will not pursue extra claims against any Employer in respect of any term or condition covered by this Award in relation to the Project.

 

15.  No Precedent

 

15.1      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 to any other Australand projects.

 

16.  Union Rights

 

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

 

16.1      Visiting Union Officials

 

(a)        Officials of any Union, when arriving on-site at the Project, shall call at the site office and introduce themselves to a management representative of Australand, prior to commencing their union duties.

 

(b)        Union officials shall produce their right of entry permits, if required, and observe any applicable industrial instruments, the Occupational Health and Safety Act 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 such wage records, other payment records and related documentation necessary to ensure that the Employers are observing the terms and conditions of this Award.

 

(d)        Subject to the Union providing sufficient notice to a senior representative of the Employer concerned and Australand, all relevant documentation and pay records will be made available within 48 hours on site or at another mutually agreed convenient location.

 

(e)        Such inspections shall not take place unless there is a suspected breach of this Award or the Industrial Relations Act 1996 (NSW).

 

16.2.  Workplace Delegates

 

DEFINITION

 

In this clause the expression "delegate" means the Employee who is the accredited representative of a Union at the Employer’s workplace who is working on the Project, and if there is more than one delegate in respect of the workforce of that Employer working on the Project then the expression "delegate" means each and every such delegate so accredited by the Union in relation to that Employer’s workforce.

 

(a)        Rights of the Delegate

 

(i)         The Parties acknowledge it is the sole right of the Union and its members to elect a delegate for each work site, who shall be authorized as the authorized representative of the Union at the site.

 

(ii)        The delegate shall have the right to approach or be approached by any Employee of the Employer to discuss industrial matters with that Employee during normal working hours provided that there is minimal disruption to work.

 

(iii)       The delegate shall have the right to communicate with members of the Union in relation to industrial matters without impediment by the Employer provided such discussions result in minimal disruption to work.  Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by an Employer:

 

moving a delegate to a workplace or work situation which prevents or significantly impedes communication with members;

 

changing a delegate’s shifts or rosters so that communication with workers is prevented or significantly impeded where there was no operational requirement to do so;

 

disrupting duly organised meetings which are taking place outside of working hours or are otherwise authorised by the relevant Employer.

 

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

 

at all stages in the negotiation and implementation of enterprise agreements or awards or other industrial instruments;

 

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

 

Ensuring that Employees are paid their correct wages, allowances and other lawful entitlements.

 

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

 

(v)        In order to assist the delegate to effectively discharge his or her duties and responsibilities, Employers will ensure that the delegate has:

 

access to a reasonable period of time to 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 up to a maximum of 10 days per year to attend relevant Union training courses/forums, as authorized by the Union and only with the prior approval of the relevant Employer;

 

Reasonable paid time off to attend meetings of delegates in the industry, as authorized by the relevant Union.

 

(vi)       The Employer of a delegate shall provide to the delegate the following (provided that it is reasonably practicable for the Employer to do so):

 

a lockable Cabinet for the Keeping of Records;

 

a lockable notice board for the placement of relevant and appropriate Union notices;

 

where practicable, i.e. on large sites, a Union office;

 

where a Union office room is not practicable, reasonable access to a meeting room;

 

reasonable use of a telephone for legitimate Union business;

 

from existing resources, and when required, for legitimate Union business, access to:-

 

a word-processor, typewriter, or secretarial support at the workplace;

 

personal computers (PC), CD ROM, E-mail and the Internet at the workplace;

 

a photocopier or facsimile machine.

 

(vii)      Employers shall not deduct wages of a delegate where the Union reasonably requires that delegate to attend any Court or Industrial Tribunal proceedings relating to Industrial matters at the Employer’s workplace in relation to the Project.

 

16.3      Union Membership

 

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

 

To assist in this process the Employer shall:

 

(a)        if requested by an Employee, provide payroll deduction services for Union fees.  Such fees shall be remitted to the relevant Union on a monthly basis with enough information supplied to enable the Union to carry out a reconciliation;

 

(b)        Provide the union, if requested, with reasonable access to talk to new employees at induction training.

 

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

 

18.1      An Employer must provide its Employees engaged on the Project with protective clothing and footwear on the basis set out below.  The Employers will try, so far as possible, to ensure that the clothing and footwear is legally produced in Australia.

 

(a)        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 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, provided they are produced to the Employer as evidence.

 

18.2      In circumstances where any Employee of an Employer is 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.

 

18.3      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.

 

18.4      Employers will consult with Unions NSW to be provided with a list of Australian Manufacturers who do not use illegal or exploited labour in the manufacture of their work clothes.

 

19.  Workers’ Compensation and Insurance Cover

 

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

 

19.2      Australand 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.  This information will be available to authorised Union officials on request.

 

19.3      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, nominated by Australand, 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 the Employee’s 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.

 

19.4      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 person entitled to the compensation within three (3) working days;

 

19.5      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 the relevant Union immediately.

 

19.6      The Employer will also complete the relevant accident notification form and send it to WorkCover.

 

20.  Training and Workplace Reform

 

The Parties are committed to achieving improvements in productivity and innovation through cooperation and reform. Employers are expected to demonstrate their commitment to develop a more highly skilled workforce by providing their Employees with career opportunities through appropriate access to training and, where possible, removing any barriers to the use of skills acquired.

 

21.  Project Death Cover

 

Australand will guarantee 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.

 

22.  Anti-Discrimination

 

22.1      It is the intention of the Parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate unlawful discrimination in the workplace.

 

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

 

22.3      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award, the Parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly unlawfully 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 of operation, has an unlawfully direct or indirect discriminatory effect.

 

22.4      Subject to the exceptions provided for 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 persons under 21 years of age;

 

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

 

(d)        a party to this 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 24.1 (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

 

(a)        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 24.3(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.

 

23.4      Time-off in Lieu of Payment for Overtime

 

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.

 

(a)        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.

 

(b)        If, having elected to take time as leave in according with paragraph 24.4(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.

 

(c)        Where no election is made in accordance with paragraph 24.4(a), the Employee  shall be paid overtime rates in accordance with the 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 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 some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the Employer and Employee, or subject to reasonable notice by the Employee or the Employer.

 

(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.

 

24.  Project Close-Down Calendar

 

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

 

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 relevant Union.  In such circumstances reasonable notice (where possible), shall be given to the relevant Union (or Union delegate).

 

SITE CALENDAR 2005

 

Saturday

October 1

 

Sunday

October 2

 

Monday

October 3

Labour Day Public Holiday

Tuesday

October 4

RDO

 

 

 

Saturday

December 3

 

Sunday

December 4

 

Monday

December 5

Union Picnic Day

Tuesday

December 6

RDO

 

SITE CALENDAR 2006

 

Monday January 2

Public Holiday

 

 

Thursday January 26

No Work Public Holiday

Friday January 27

RDO (fixed)

Saturday January 28

No Work Saturday

Sunday January 29

No Work Sunday

 

No Work Public Holiday

Friday April 14

 

Saturday April 15

No Work Saturday

Sunday April 16

No Work Sunday

Monday April 17

No Work Public Holiday

 

 

Saturday April 22

No Work Saturday

Sunday April 23

No Work Sunday

Monday April 24

RDO (fixed)

Tuesday April 25

No Work Public Holiday

 

 

Saturday June 10

No Work Saturday

Sunday June 11

No Work Sunday

Monday June 12

No Work Public Holiday

Tuesday June 13

RDO (fixed)

 

 

Saturday September 30

No Work Saturday

Sunday October 1

No Work Sunday

Monday October 2

No Work Public Holiday

Tuesday October 3

RDO (fixed)

 

 

Saturday December 2

No Work Saturday

Sunday December 3

No Work Sunday

Monday December 4

No Work Union Picnic Day

Tuesday December 5

RDO (fixed)

 

 

Monday December 25

Public Holiday

Tuesday December 26

Public Holiday

 

ANNEXURE A (Parties)

 

Part 1

 

EMPLOYERS:

 

Australand Holdings Limited and any subcontractors engaged to work on the project

 

Part 2

 

UNIONS:

 

Unions NSW

 

Construction Forestry Mining and Energy Union, New South Wales Branch

 

Communication Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing Division;

 

Electrical Trades Union of Australia New South Wales Branch

 

Transport Workers Union New South Wales Branch

 

Automotive Food Metals Engineering Printing & Kindred Industries Union New South Wales Branch

 

ANNEXURE B

 

Authority to obtain details of work rights from DIMIA

 

EMPLOYEE DETAILS

As specified in passport or other identity document)

 

Family Name:

 

Given Name(s):

 

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

 

Date of Birth:

 

Nationality:

 

Passport Number:

 

Visa Number:

 

Visa Expiry Date:

 

I authorise the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) to release the details of my work rights status (that is, my entitlement to work legally in Australia) to the named employer/labour supplier.

 

I understand that these details are held by DIMIA on departmental files and computer systems. I also understand that the employer/labour supplier will use this information for the purposes of establishing my legal entitlement to work in Australia, and for no other purpose.

 

Employee Signature:

 

Date:

 

EMPLOYER/LABOUR SUPPLIER DETAILS

 

Business Name:

 

Business Street Address:

 

Type of Business:

 

Name of Contact Person:

 

Telephone:

 

Fax:

 

Note that the employee’s work rights status will be sent directly to the fax number given above. Please ensure that this number is correct

 

THE COMPLETED FORM SHOULD BE FAXED TO 1800 505 550

 

IF ALL DETAILS MATCH WITH OUR RECORDS, THE EMPLOYEE’S WORK RIGHTS STATUS WILL BE FAXED TO YOU WITHIN ONE WORKING DAY.

 

CLASSIFICATIONS COVERED BY THIS PROJECT AWARD

 

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 1989

Plumbing Industry (New South Wales) Award 1983

Sprinkle Pipe Fitters Award 1975

Mobile Crane Hire Award 1996

National Joinery and Building Trade Products Award 1993

 

State Awards

 

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

Building and Construction Industry (State) Award

Electrical Contracting Industry (State) Award

Plant, Operators on Construction (State) Award

Plumber and Gasfitters (State) Award

Joiners (State) Consolidated Award

Mechanical Engineering (State) Award

Transport Industry - Interim State Award, and applicable NSW Determinations

Metal and Engineering Industry (NSW Interim Award)

Security Industry (State) Award

 

Respondents:

 

Australand Holdings Limited, Level 3, 1C Homebush Drive Rhodes NSW 2138

 

The Australian Manufacturing Workers' Union, NSW Branch, 133 Parramatta Road, Granville NSW 2142

 

The Construction, Forestry, Mining and Energy Union, NSW Divisional Branch, 12 Railway Street, Lidcombe NSW 2141

 

The Electrical Trades Union, NSW Branch, Level 5, 370 Pitt Street, Sydney, NSW 2000

 

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, CEPU Plumbing Division, NSW Branch, Level 3, 741 George Street, Sydney, NSW 2000

 

The Transport Workers' Union of Australia, NSW Branch, 31 Cowper Street, Parramatta NSW 2150

 

 

 

J. P. GRAYSON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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