PORT WARATAH COAL SERVICES PROJECT 3D CONSENT AWARD 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Industry Group New South Wales Branch, industrial organisation of
employees.
(No. IRC 5472 of 2005)
|
Before The Honourable
Mr Deputy President Harrison
|
2 November 2005
|
AWARD
Clause No. Subject Matter
1. Title
2. Parties
To The Consent Award
3. Definitions
And Interpretation
4. Application
And Scope Of The Consent Award
5. No Extra Claims
6. Duration
Of The Consent Award
7. Employment
8. Effectiveness
Enhancement
9. Equitable
Treatment System
10. Induction
11. Site
Practices
12. Hours
13. Anti
Discrimination
14. Inclement
Weather
15. Safety
16. Fitness
For Duty Policy
17. Amenities
18. Plant And
Equipment
19. Settlement
Of Disputes
20. Signatories
Appendix 1 - Project
Code of Conduct & Work Rules
1. Title
This Consent Award shall be known as the Port Waratah Coal
Services Project 3D Consent Award 2005.
2. Parties to the
Consent Award
The parties bound by this Consent Award are:
(a) Australian
Industry Group on behalf of all contractors engaged on work that falls within
the application and scope of this Consent Award;
(b) Bechtel
Australia Pty Ltd;
(c) All employees
of contractors engaged on the Port Waratah Coal Services Project 3D whether
members of the organisations listed in (d) or not.
(d) The
organisations that represent the employees defined in (c), namely the:
(i) Unions
New South Wales;
(ii) Newcastle
Trades Hall Council;
(iii) The
Australian Workers’ Union;
(iv) The
Australian Manufacturing Workers’ Union, registered as the AFMEPKIU;
(v) The
Construction, Forestry, Mining and Energy Union (New South Wales Branch);
(vi) The
Electrical Trades Union of Australia, New South Wales Branch;
(vii) The
New South Wales Plumbers and Gasfitters Employees’ Union;
(viii) The
Transport Workers’ Union of Australia.
3. Definitions and
Interpretation
In this Consent Award except where the context otherwise
requires:
(a) "Construction
work" means work directly related to the construction and expansion in
respect of the Port Waratah Coal Services Coal Terminal.
(b) "PWCS
Project 3D" means Port Waratah Coal Services Project 3D.
(c) "Site"
means that area known as the Port Waratah Coal Services Project 3D Construction
Site and in other areas of the existing plant where work is directly associated
with construction and expansion in respect of the Port Waratah Coal Services
Project 3D at the Port Waratah Coal Services Coal Terminal on Kooragang Island.
(d) PWCS Project
3D Project Management means the Bechtel Australia Pty Ltd;
(e) "Employer"
means any contractor or subcontractor, engaged on the Project and Includes a
supplier of supplementary labour engaged by a contractor or subcontractor on
site.
(f) "Employee"
means an employee of a contractor or subcontractor, including a casual employee
employed in accordance with the provisions of this Consent Award, engaged on
the Project.
(g) References to any
statutory/Award enactment shall include the same as amended and modified and
any enactment repealing or replacing the same, from time to time.
4. Application and
Scope of the Consent Award
(a) This Consent
Award shall apply to all employees of the contractors who are engaged in
construction work on site as part of PWCS Project 3D. Construction Work referred to herein means construction work
and/or modification work on plant that has been contracted as part of PWCS
Project 3D.
(b) For the
purposes of this Consent Award the site offices of Port Waratah Coal Services
are excluded from the areas referred to in sub-clause (a) of this clause.
(c) This Consent
Award shall not apply to employees engaged in the development of off-site
access roads and railway lines, off-site infrastructure and preassembly
association with expansions, vendors, office cleaning, office equipment service
persons (i.e. photocopiers, facsimiles, computer systems, telecommunications)
security, supervisory, site catering or management and supervisory personnel
and associated staff or to personnel engaged in deliveries to and from the
site.
NOTE: The parties agree that this exclusion shall not
apply to;
- Employees who (upon delivering materials and
equipment from off-site to the Project) perform construction work on the
project, or who are on site for more than 2 (two) hours e.g. employees who
deliver scaffolding to the Project who then erect the scaffolding are covered
by this Consent Award in respect of the work performed on the project;
(d) This Consent
Award shall have no application to plant commissioning, operations or
maintenance or to any work after turnover of plant to Port Waratah Coal
Services or to any other activities for which the contractors and
subcontractors are not responsible.
(e) The parties to
this Consent Award commit themselves to the achievement of efficiency and
productivity during the course of the construction Project and agree that no
party will take any action that adversely affects the efficiency or
productivity of the project.
(f) All suspected
breaches of this Consent Award shall be reported to the PWCS Project 3D
Management for immediate investigation. If found to be correct such breaches
will be immediately rectified.
5. No Extra Claims
It is a term of this Consent Award that the Parties
undertake that for the period of this Consent Award they will not pursue any
extra claims, award, over-award or otherwise, for the duration of the Consent
Award as specified in Clause 4. This
includes claims relating to changes arising from award variations or decisions
of the Australian Industrial Relations Commission or the Industrial Relations
Commission of New South Wales, other than changes that are consistent with the
terms of this Consent Award.
Where employees employed under this Consent Award on the
project are receiving terms and conditions greater than this Consent Award as a
result of an enterprise agreement or other arrangement, this shall not be used
as a basis of a claim by unions or employees of other contractors engaged on
the PWCS Project 3D.
Leave is given to the parties to make application to vary
this Agreement in order to ensure that it complies with the Australian
Government Implementation Guidelines for the National Code of Practice for the
Construction Industry and the Building and Construction Industry Improvement
Act
6. Duration of the
Consent Award
This Consent Award shall be effective from 1 October 2005
and shall remain in force until 1 October 2008.
7. Employment
(a) LEADERSHIP
RESPONSIBILITIES
The Parties to this Consent Award consider leadership
crucial to the achievement of the Project goals. The employer will therefore allow employees engaged on the
Project in a leadership role to participate in the Project’s leadership
training module, without loss of pay.
The responsibilities of all leaders, including leading hands are to
strive to:
Establish and maintain a safe and healthy work area and
to ensure safe and healthy work practices are used at all times by all employees.
As a matter of fundamental priority, to focus on
'people' issues within the team.
Deal with each team member with fairness, equity and
respect.
Recognise the talents and capabilities of all members
of the team and encourage excellence.
Address any concerns raised by employees promptly,
obtaining advice and assistance from functional support personnel if necessary.
Ensure an environment is created where all personnel
are able to work to the full extent of their capability subject only to regulatory
requirements.
Provide timely open and frequent information regularly
on the status of the Project and contract to all employees.
Engage in strong interactive communication processes.
Identify opportunities for improved performance including
counselling any employees whose behaviour is causing concern within the
guidelines established in the Equitable Treatment System established in Clause
9 hereof.
Establish and maintain continuous improvement and drive
for excellence within the team.
Personally comply with and ensure team compliance with
Project Code of Conduct and Work Rules.
Understand and apply the intent and provisions of this
Consent Award and to seek appropriate advice in respect of provisions not
clearly understood. To provide
leadership to the team in respect of the application of this Consent Award
Participate in and comply with Project cultural and
environmental awareness processes and comply with the letter and intent of the
Personal Code of Conduct and Work Rules.
(b) EMPLOYEES’
RESPONSIBILITIES
The responsibilities of all employees are to strive to:
Maintain a safe and healthy work area and to ensure
safe and healthy work practices are used at all times. Take responsibility for personal safety and
that of team mates.
Deal with team mates and with team leaders with
fairness, equity and respect.
Work towards Project and team goals to the full extent
of personal capability. Undertake any
work task assigned subject only to meeting any applicable regulatory requirement.
Raise any personal concerns or grievance directly with
the immediate supervisor. Pursue the
process of resolution of grievances in accordance with the guidelines
established in the Settlement of Disputes procedure in Clause 19 hereof.
Engage in open honest communication with all employees.
Accept counselling offered with the Equitable Treatment
System (Clause 9) positively.
Respond positively to opportunities to improve personal
performance.
Actively support continuous improvement in work methods
and the drive for excellence within the team.
Comply with Project Code of Conduct and Work Rules.
Seek and develop a clear understanding of the intent
and provisions of this Consent Award.
Raise inappropriate leadership behaviour as set out in
the Equitable Treatment System Clause 9 with more senior leaders within the
team.
Participate in and comply with Project cultural and
environmental awareness processes and comply with the letter and intent of the
Personal Code of Conduct and Work Rules.
8. Effectiveness
Enhancement
Continuous Improvement
The Parties to this Consent Award are committed to the
philosophy of continuous improvement and will provide leadership and support in
respect of the establishment of a continuous improvement culture on the Project.
Leaders and employees will consult in respect of the
identification and implementation of work process improvement opportunities and
the organisation of the work.
Each contractor will establish performance expectation
criteria with each employee and undertake a formal process to ensure regular
feedback on personal effectiveness.
Training and development opportunities will be made
available to employees including opportunities to participate in continuous
improvement, personal development, skill enhancement, occupational health and
safety.
9. Equitable
Treatment System
In certain circumstances involving serious unacceptable
behaviour or misconduct, immediate termination of employment may be
appropriate. Any dispute in respect of this process shall be dealt with in
accordance with the Settlement of Disputes procedure in Clause 19 hereof.
Where counselling occurs the employer shall advise the
employee of:
The behaviour deemed to be unsatisfactory,
The corrective action required to modify the behaviour,
The consequence of continuing the unsatisfactory
behaviour,
What assistance the employer will provide to assist the
employee to meet the requisite performance,
A review date to assess performance improvement
progress. Review process will include previous warnings, review of current
performance, and recognition of positive contributions.
The Equitable Treatment System is an interactive process to
deal with any concern in respect of an employee’s behaviour.
It shall operate as follows:
1. In the first
instance, the immediate supervisor and employee will discuss the issue in an
informal manner.
2. If the
concern continues, the employee concerned shall receive formal counselling from
their immediate supervisor. This shall
be documented.
3. If the
concern continues, a more senior manager of the employer shall counsel the
employee concerned. This shall be
documented.
4. If the
concern continues, the employee concerned shall be formally warned of the behaviour
required and of the impact of continuing with inappropriate behaviour. This
shall be documented.
5. If the
concern continues, employment may be terminated.
At levels 2 to 5 inclusive of the above, the employee may
choose to have a representative of their choice in attendance.
10. Induction
Each contractor shall ensure that all employees conform to
the requirements of the Occupational Health and Safety Regulation 2001, Chapter
8, Construction Work, Part 8.2 - OH&S Induction Training, prior to
requesting a copy of the General Site Safety Rules and a PWCS Project 3D site
induction.
(a) All employees
shall, before entering the site area or commencing work on the site, attend and
complete the PWCS Project 3D Site Induction Programme which in addition to
other matters will cover site regulations, Project specific site rules and this
Consent Award
PWCS Project 3D Management will conduct the Site
Induction Programme at a central location on behalf of each contractor.
Each employee shall receive a General Site Safety Rules
Booklet and a copy of this Consent Award and shall sign an acknowledgement of
receiving it.
(b) After
successful completion of the Site Induction Programme, each employee shall be
issued with a Site Identity Pass that will allow entry to and exit from the
site.
The pass will bear a photograph of the employee
together with other pertinent information.
Should an employee lose their Project Identity Pass
they must immediately notify their supervisor. A replacement pass will be
available at a charge of $110.
11. Site Practices
(a) All persons on
site will be required to conform to the Site Safety Practices as outlined in
the General Site Safety Rules Booklet and all relevant site safety statutes
applicable in New South Wales. The
Occupational Health & Safety Act and its Regulations shall be strictly
observed on site.
(b) All employees
shall be conversant with this Consent Award and if necessary seek further
explanation, and further:
(i) No alcohol is
permitted on the site at any time.
(ii) No narcotic
drugs of addiction, non-prescribed drugs or illegal substances are permitted on
site at any time.
(iii) The parties
to this Consent Award will comply with PWCS Project 3D Management’s Alcohol and
other Drugs Policy and will adopt the Construction Industry Drug and Alcohol
Policy as a guide when dealing with such problems on site.
(c) All employees
shall, at all times, use the facilities provided by virtue of the terms of this
Consent Award.
(d) All employees
shall be required to conform to the safety rules and regulations and site rules
as specified.
12. Site Hours
(a) The site shall
be open between the hours of 6.00am and 6.00pm Monday to Friday inclusive.
Ordinary hours of work may be performed between these hours and shall not
exceed an average of thirty eight (38) hours per week. Work may also be
performed outside of these hours to meet the needs of the Project. Such work
shall be performed in accordance with the individual’s contractor’s industrial
arrangements.
(b) The following
are the guiding principles reflecting the Project’s Daily Work Pattern:
While work periods should be of approximately equal
duration, they may be scheduled to suit the specifics of the work and may be
varied;
Work breaks may be taken at different times to maximise
flexibility of work requirements eg tie-ins, concrete pours, crane-lifts;
No employee will be required to work in excess of four
hours without a work break;
The start time is ‘at the on-site amenities’.
Completion of actual productive work will be at the time appropriate for each
employee to ensure the integrity and safety of the work area, pack up with the
finish time on arrival at the locker/shower facility.
(c) PWCS Project
3D Management shall establish an agreed Rostered Day Off (RDO) Schedule. This
Schedule may be varied where PWCS Project 3D Management provides 7 days notice.
Any variation shall be by agreement, provided that this agreement may not be
unreasonably withheld. This notice period will not apply in the case of
emergency work.
A copy of the RDO schedule shall be provided to
employees at commencement on the Project.
PWCS Project 3D Management may organise different RDO
rosters for different work groups according to the work requirements
13. Anti
Discrimination
The company shall not discriminate on the basis of sex,
marital status, pregnancy, age, race, religion, colour, national origin,
impairment or political conviction.
Entry into the company, selection for specific jobs and career
progression will be determined by personal merit and criteria related to the
effective performance of the job.
(a) It is the
intention of the parties bound by this Consent Award to seek to achieve the
object in s 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(b) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Consent Award the parties have obligations to take all
reasonable steps to ensure that the operation of the provisions of this Consent
Award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
this Consent 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 pays 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;
(iv) a party to
this Consent 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 the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion that conforms to the doctrines of that religion or
is necessary to avoid injury to the religious susceptibilities of the adherents
of that religion."
14. Inclement Weather
Where an employee/s believes they are experiencing inclement
weather conditions the following procedure shall apply:
The employee shall notify their employer that he/she
believes he/she is experiencing inclement weather conditions.
The employer will consult with the affected employee/s
and inspect the work area/s.
In the first instance the employer shall determine whether
inclement weather conditions are being experienced and will consult with the
affected employee/s seeking their view and, work options available.
If "inclement weather" creates an unsafe
situation/circumstance the OH&S Act will apply.
The employer shall stop work if conditions
dictate. When this does occur the
following options apply:
Employees return to crib rooms - for training etc, or
Employees are relocated to work in other areas.
Employees shall not be unreasonably held on site.
No employee shall have the right to cease work or leave
the PWCS Project 3D site without the permission of the employer.
The PWCS Project 3D Management shall ensure that
Contractors, Sub-Contractors and Suppliers of Supplementary Labour have fully
complied with the inclement weather procedures prior to any employees leaving
site.
15. Safety
All work undertaken on the PWCS Project 3D shall comply with
the provisions of the NSW Occupational Health and Safety Act 2000 and
Regulations 2001 and the PWCS Project 3D site safety requirements. It is also
accepted by the parties to this Consent Award that the procedures of the
Building Industry Safety Codes shall be the procedures by which safety matters
are handled, and whilst these are being followed there shall be no stoppage of
work in respect of the matter being considered, except in the area or matter
under consideration.
(a) All employees
engaged in construction activities on the PWCS Project 3D must be in possession
of a current General Occupational Health & Safety Construction Induction
certificate or Card.
(b) Each employer
shall establish a Safety Committee in accordance with the Occupational Health
and Safety Act 2000 and Regulation 2001(Division 2 Duty to Consult - Section
13).
(c) Each employer shall
provide employees with all appropriate safety equipment free of charge as
necessitated by the tasks in accordance with any existing Regulation(s) or
Regulation(s) implemented during the life of the Consent Award.
(d) Rectification
Work
Contractors shall engage qualified personnel for the
purpose of performing hazard prevention and rectification work such as erecting
handrails and toe boards around the perimeter of floors, openings,
penetrations, up stairways, covering up openings, fixing of ladders, building
walkways, ramps, etc.
(e) Scaffolding/Formwork
Employees carrying out scaffolding/formwork duties must
be in possession of the appropriate Certificate of Competency issued by
WorkCover New South Wales.
(f) First
Aid
(i) An emergency
vehicle will be located on site at all times.
(ii) First aid
boxes shall be provided by the employer as required in accordance with the
Occupational Health and Safety Act 2000 and Regulation 2001.
(iii) The employer
shall make provision in accordance with the Occupational Health and Safety Act
2000 (and Regulation 2001) as to the provision of personnel in administering
this obligation under the said Act.
(g) Occupational
Health & Safety
The Parties have agreed to adopt the PWCS Project 3D
Site Safety Management Plan. As part of this plan Contractors will be required
to submit comprehensive risk assessments for all work undertaken on the
project. The provisions of the Occupational Health and Safety Act 2000 (NSW)
and Regulation 2001 or their successors shall apply to and regulate all work
covered by this Consent Award. A First
Aid Room, complying with the Act, Regulations and industry standards, will be
provided.
(h) Protective
Clothing
All appropriate protective clothing and equipment shall
be worn whilst on site.
Other than whilst in offices and crib sheds, hard hats
and safety glasses must be worn at all times. Safety footwear must be worn at
all times.
(i) Temporary
Electrical Installation
All temporary electrical installations set up by contractors
on site will conform to the following Codes of Practice under the Occupational
Health and Safety Act 2000 and Regulation 2001:
Electrical Practices for Construction Work
Low Voltage Electrical work
(j) Electrical
Equipment
All flexible extension cords, portable tools and
electrical plant used on voltages above 32 volts will be inspected tested and
tagged monthly by a licensed electrician in accordance with details set out in
the Codes of Practice.
All extension cords, portable tools, electrical plant
brought on to the site by the contractor will bear the correct monthly tag.
Contractors are required to keep a logbook of all
inspections of the equipment. The
Principal’s representative shall be able to inspect these log books on a random
basis to ensure that safety requirements are being adhered to. Any equipment
found without a valid inspection tag will be disconnected and removed from the
site until the equipment has been re-inspected and a new inspection tag
attached.
All temporary electrical work and installations must
conform to the Occupational Health and Safety Act 2000 and Regulation
2001, and the Electrical Safety Act 1995.
All welding units shall be fitted with either a voltage
reduction device (VRD) in accordance with the provisions of AS 1674 or a
trigger switch that opens the welding circuit unless it is closed complying
with AS 1674.
16. PWCS Project 3d
Fitness for Duty Policy
Under no circumstances will any employee affected by alcohol
and/or affected by any other drug be permitted to work and/or operate any
equipment on the Project. Supervisors will be responsible for reporting such
incidents.
PWCS Project 3D Management’s Alcohol and other Drugs Policy
and procedures (as amended) will be applied to all employees working on the
PWCS Project 3D.
A copy of this Policy will be provided to employees at the
Project induction and will be posted on notice boards throughout the site.
Additional copies can be obtained on request.
17. Amenities
Employee amenities will be provided by the Project:
(a) Amenities as
prescribed in the Consent Award and/or legislation and WorkCover codes are to
be provided.
(b) All lunch
sheds shall contain reverse cycle air-conditioning.
(c) Refrigerators
shall be provided in crib sheds.
(d) Outside/inside
hand washing.
(e) Hot and cold
water showers.
(f) Hot and cold
water in toilet blocks.
18. Plant and
Equipment
(a) All mobile
plant and equipment shall, prior to commencement on the work site, be certified
and have a certificate of currency as complying with the Occupational Health
and Safety Act 2000 and Regulation 2001 and the requirements of Crane Safe
NSW. The logbook for all mobile
equipment should be kept in the cabin.
(b) Every part of
the structure, working gear and anchoring and fixing of every crane, joist and
scaffolding winch and of all other hoisting machines, ropes and slings, whether
metal or non-metal, and gear shall, as far as is reasonable practicable, be
examined in position by a competent person:
(i) at least once
in every month; or
(ii) at such more
frequent intervals as are necessary to ensure that the hoisting machine or gear
is in safe working order (Occupational Health and Safety Act 2000 and
Regulation 2001).
(c) A competent
person shall inspect all chains, ropes, slings and other gear used for hoisting
or lowering or as a means of suspension:
(i) at least once
every month; or
(ii) at such more
frequent intervals as are necessary to ensure that the scaffolding is safe.
(d) All hire
cranes required on site shall come from a recognised crane yard.
(e) Crane drivers
and Dogmen will be suitably qualified.
(f) When engaging
the most appropriate plant, preference will be given to plant fitted with
Ergonomic R/C Air filtered/conditioned cabs with Roll Over protection.
19. Settlement of
Disputes
Any dispute arising on the Project shall be dealt with in
the following manner:
(a) The employee
concerned shall raise the matter with the immediate supervisor for resolution.
(b) If not
resolved, the employee will raise the matter with the next more senior manager
of the employer for resolution.
Both the employee and employer may involve their
representative of choice in any discussions, as a means of resolving the
matter.
(c) If the parties
fail to resolve the dispute in accordance with the above, they shall refer it
to the Industrial Relations Commission of New South Wales for conciliation and
mediation.
(d) If the parties
fail to resolve the dispute in accordance with (d) above, they may, by
agreement request the Commission to assist in resolving the matter by
arbitration. The parties agree to abide
by the arbitrator’s decision.
(e) Where the
procedures from (a) to (d) are being followed or where it is agreed to proceed
to arbitration, work shall continue normally.
No party shall be prejudiced as to final settlement by
the continuance of work in accordance with this sub-clause.
20. Signatories
Australian Industry Group, New South Wales Branch
DATE
Witness
DATE
Bechtel Australia Pty Ltd
DATE
Witness
DATE
Unions New South Wales
DATE
Witness
DATE
Newcastle Trades Hall Council
DATE
Witness
DATE
Appendix 1 - Project Code of Conduct &
Work Rules
All Project employees are required to adhere
to the Project Code of Conduct & Work Rules when employed on the Project
Site. This also relates to conduct in
the construction car park, on project-supplied transport and while living in
project-supplied accommodation.
PROJECT
CODE OF CONDUCT
MISCONDUCT
The following forms of behaviour do not
align with the Project Objectives. Any
behaviour as outlined below would constitute misconduct; proven breaches of
which will result in disciplinary action being taken in accordance with the
Equitable Treatment System provisions of the Employer Employment Agreement/s.
Proven repeat and/or multiple breaches of the following may result in
termination of employment.
Behaviour which constitutes ‘misconduct’
includes, but is NOT limited to the following:
Breaches of Project safety procedures and/or
regulations that places, or has the potential to place, the safety of an
individual employees or other members of the team at risk of injury;
Breaches of the Settlement of Disputes
provisions of the Employer Employment Agreement/s;
Irregular attendance;
Unauthorised absences for any reason;
Tardiness;
Failure to wear Project issued personal
protective clothing, footwear and equipment;
Breach of Security and Site Control
requirements;
Failure to report any injury/incident;
Practical jokes or acts of horseplay;
Gambling or the use of gambling devices;
Selling merchandise or services on the
Project Site;
Unauthorised use of Company telephones or
use of personal mobile phones during working hours in field work locations;
Taking unauthorised photographs / video;
Being absent from the workplace during a
period in which a request for absence has been declined.
SERIOUS MISCONDUCT
The following forms of behaviour do not
align with the Project Objectives. Any
behaviour as outlined below would constitute ‘serious misconduct’; proven
breaches of which will result in disciplinary action being taken in accordance
with the Equitable Treatment System provisions of the Employer Employment Agreement/s
which may include, after due investigatory processes being completed,
termination of employment without notice.
Behaviour which constitutes ‘serious
misconduct’ includes, but is NOT limited to the following:
Breaches of Project safety procedures and/or
regulations which result in, or could have resulted in, serious and/or life
threatening injury to an individual employee or other members of the team;
Irresponsible use or misuse of fire
protection or safety equipment;
Possession or use of weapons or firearms
Smoking in any designated ‘No Smoking’ area;
Alcohol and Drugs:
Reporting to work while under the influence
of alcohol and/or drugs
Possession of, or use of, illegal
drugs/substances
Illicit trade of alcoholic beverages and/or
drugs
Committing any offensive act of violence,
fighting, threatening and/or intimidating another person(s) or horseplay;
regardless of how or why it was initiated;
Vandalism or wilful damage or interference
to company and/or personal property;
Theft or removal off the Site of the
Employer and/or another employee’s property;
Unauthorised possession of and/or
unauthorised removal from the Project Site of Port Waratah Coal Services, PWCS
Project 3D, Contractors’ or another employee's property;
Wilful damage to Port Waratah Coal Services,
PWCS Project 3D Project Management, contractors' or other employees' property;
Discrimination or harassment of any form,
including that relating to race, colour, religion, sex, age, national origin,
ancestry or handicap;
Trespass, without permit, on any restricted
access areas;
Failure to comply with lawful and reasonable
work instructions, including a refusal to perform assigned work, higher duties
and/or alternative duties, etc.;
Immoral conduct;
Falsification of company records, regardless
of when discovered, including timesheets, wage records, leave records,
production reports, etc.;
Bringing unauthorised personnel onto the
Project Site;
Sleeping on the job;
Site security procedures;
Transporting personnel in vehicles in breach
of RTA regulations;
Travelling in vehicles in breach of RTA
regulations;
WORK
RULES
REQUIREMENTS
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Site Access
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Access to the site for all workers is only
via the designated Site Access Gate on Truck
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Dump Road, off Egret Street adjacent to
the car parking areas.
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I.D. Badges
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Your PWCS Project 3D Identification Badge
must be carried by at all times while you
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are on the work site. It is your only means access to the
Site. You are not permitted to
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use any other person’s badge, or allow
others to use your badge. You must
report any
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lost badges At the conclusion of your
period of employment on the Project, you must
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return your badge to your Employer.
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Vehicle Speed
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The maximum speed limit marked is 40 kph
on all main roads within the site. A
number
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of areas have notices requiring speeds
lower than 40 kph. These must be
observed.
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Personal
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Safety helmets, steel-toed boots and
safety glasses shall be worn at all times whilst on
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Protection
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the Site, other than inside crib
facilities and offices. Other safety
equipment may be
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required when working in or near operating
facilities.
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Clothing Issue
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Project employees must wear the Project
provided clothing and PPE at all times while
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you are working on the Project Site. If
lost, you may purchase additional items.
Project
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issued items will be replaced on a fair wear
and tear basis upon production of the worn
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item to your employer.
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All other persons visiting the Site must
wear clothing with long sleeved shirts and wear
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long trousers. Some facilities may require
additional personal protection such as hearing
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and respiratory protection. These areas are marked and the required
protection must be
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worn.
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Project Hours of
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Shall be 10.5 hours per scheduled workday,
Monday to Thursday and 8.5 hours on
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Work
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Friday.
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Generally, work periods will be of
approximately equal duration but may be scheduled
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to suit the specifics of the work, and may
vary. It is a condition of your
employment
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that scheduled Project hours are worked.
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Food Orders
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Project employers will provide a service
for ordering food from an off-site facility for
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employees who wish to purchase food for
meal breaks.
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Instructions:
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It is important you follow all
instructions given by your Supervisor.
Should any
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employee not be able to perform the
assigned task for any reason whatsoever, it is their
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duty to inform their Supervisor
immediately. Refusal to comply may
result in
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disciplinary action.
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Site Security
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All vehicles and carry-in bags are subject
to search. All materials or property
removed
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from the site require an approved Security
Gate Pass.
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Bag and Vehicle
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From time to time you may be requested to
open your bag and or vehicle for routine
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Inspections
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inspection by the Project’s Security
Officers at the Construction gate.
You will be
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When Leaving
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expected to allow the inspection in the
interests of overall security of PWCS, PWCS
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the Site
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Project 3D Project Management, Contractors’
and employees’ property. Random bag
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and/or vehicle inspections apply to all
Port Waratah Coal Services, PWCS Project 3D
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Project Management, and contractors' staff
and employees and you should not feel that
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you have been treated differently from
others.
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Personal
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Whilst every effort is made to keep your
property safe, Port Waratah Coal Services, for
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Property
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PWCS Project 3D Project Management and the
contractors take no responsibility
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personal belongings left in crib huts,
amenities or other parts of the site.
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Where to Park
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Parking is available in the site car
park. Employees' personal cars are
not permitted on
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Your Car
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the site.
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Please take care whilst using the car park
to avoid damage to your own or other
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vehicles.
Signs are provided to show directions and speed limits. (Low Speed/No
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"Wheelies").
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Always lock your vehicle whilst it is parked.
Port Waratah Coal Services, PWCS
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Project 3D Project Management and
contractors will not accept liability for theft of,
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or from or damage to, your vehicle whilst
it is parked in the car park.
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Canvassing
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Canvassing monies or goods for charity or
other purpose is not permitted on site, in the
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car park, or outside the plant gates
without written permission from the Bechtel Project
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Manager.
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Permits
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Permits are required for certain work activities,
and for access to certain areas of the
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site.
These will be explained to you at your Orientation. It is a condition of
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employment that all necessary permits are
obtained and requirements stated thereon
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are complied with.
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Environmental
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The Environmental Issues will be explained
to you at Orientation. Please respect the
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Issues
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Environment.
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RESTRICTIONS
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Gambling
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Gambling or engaging in a lottery or raffle
on the site is prohibited.
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Selling
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Selling merchandise or services on the
site is not permitted.
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Cameras/Video
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Cameras
(including video) and the taking of photographs (including videos) are
not
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Cameras
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permitted without prior approval through
the Bechtel Site Manager.
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Items Banned
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Cameras/Video Cameras
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From the Site
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Explosives
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Firearms or other weapons
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Illegal drugs
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Alcohol
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Mobile Phones
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Audio devices are permitted to be used in
crib sheds only. Mobile phones must
not be
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and Audio
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used on site whilst working, driving or
operating any type of vehicle, plant and
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equipment.
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Firearms
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Firearms are not permitted on site under any
circumstances.
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Animals
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No animals are permitted on site.
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Fire Fighting
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Any employee found to have misused fire
extinguishers or fire fighting equipment
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Equipment
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will be to summary dismissal.
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Plant Area
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No-one is permitted in the existing plant
areas without proper authorisation from
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either Port Waratah Coal Services, PWCS
Project 3D Project Management
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and Contractors.
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Port Waratah Coal Services or PWCS Project 3D
Project Management reserves the right to amend the Site Rules as deemed
necessary during the Project
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.