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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.149
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4335
Award Code 1707  
Date Posted02/17/2006

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Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd Consortium Condong & Broadwater Co Generation Construction Projects Consent Award 2005




Application by Unions NSW, State Peak Council for Employees


(No. IRC 6482 of 2005)


Before The Honourable Mr Deputy President Harrison

12 December 2005






Clause No.         Subject Matter


1.0       Title




2.0       Parties to the Award

3.0       Objectives

4.0       Induction

5.0       Period of Operation and Renewal of the Award




6.0       Contract of Employment

7.0       Rates of Pay and Payment of Wages

8.0       Hours of Work

9.0       Rest Periods, Crib Times and Meal Breaks




10.0     Sick Leave

11.0     Annual Leave

12.0     Other Leave

13.0     Parental Leave

14.0     Personal/Carer’s Leave




15.0     Workers Compensation and Sickness Benefits

16.0     Superannuation

17.0     Redundancy




18.0     Inclement Weather

19.0     Dispute Prevention Procedures

20.0     Procedure for Settling Disagreements over Safety Issues




21.0     Time Records

22.0     Working Away from Home

23.0     Protective Clothing

24.0     Employee Representative

25.0     Mixed Functions

26.0     Compensation for Clothes and Tools

27.0     Occupational Health and Safety

28.0     Quality Assurance

29.0     Anti Discrimination

30.0     Role of Unions

31.0     No Extra Claims Commitment

32.0     On Site Register

33.0     Leave Reserved


Appendix A - Wage rates

Appendix B - Authority to obtain from DIMA details of immigration status


1.0.  Title


1.1        The Title


This Award is the Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd Consortium, Condong and Broadwater Co Generation Construction Projects Consent Award 2005.


1.2        Application of Award


This Award shall apply exclusively to all employees of Downer Energy Systems Pty Ltd and Clyde Babcock Hitachi (Australia) Pty Ltd for the above Projects for whom classifications and rates of pay are provided herein.


This Award shall apply to any employee of contractors, subcontractors or suppliers of supplementary labour engaged by Downer Energy Systems Pty Ltd and Clyde Babcock Hitachi (Australia) Pty Ltd (where those contractors, subcontractors or suppliers of supplementary labour are not a party to a relevant industrial instrument, which, on balance, contains rates of pay or conditions no less than those contained in this Award.)


1.3        The Agreement does not apply to:


(a)        Supervisory personnel.


(b)        Employees of Sunshine Sugar and Delta Electricity or its direct subcontractors and related Companies.


(c)        Persons engaged in the transportation of material and equipment to and from the site.


(d)        Engineers / technicians / surveyors.


(e)        Employees of public utility services eg: railway, telecommunications, electricity and local authorities or their direct subcontractors other than those directly contracted to the Consortium.


(f)         Security personnel.


(g)        Employee’s of contractors engaged in connection with off-site manufacture and supply of equipment, infrastructure and materials associated with the Consortium’s Condong and Broadwater co generation Projects.


(h)        Employees engaged on warranty work during or after construction of the Projects.




2.0.  Parties to the Award


2.1        The Parties to this Award are (1) Downer Energy Systems Pty Ltd and Clyde Babcock Hitachi (Australia) Pty Ltd (hereafter "Consortium") and their employees, (2) all contractors engaged by the Consortium and their employees their subcontractors and their employees (3) Unions NSW (4) and those unions who are affiliated to the Unions NSW and who are respondents to this award.


The union’s respondent to this Award are the Australian Manufacturing Workers Union, The Australian Workers Union, the Electrical Trades Union of Australia NSW Branch, The NSW Plumbers & Gasfitters Employees Union, The Transport Workers Union of Australia NSW Branch and the Construction Forestry, Mining and Energy Union, Construction and General Division (NSW Branch).


3.0.  Objectives


3.1        The key objectives of the Award are to:


encourage a high degree of employee participation, team work, trust and shared commitment to the goals of the Projects


develop skill improvement programs for employees;


maintain and consolidate a good safety record for the Projects;


promote measures to improve efficiency and minimise waste from construction activities;


promote measures to minimise the impact of construction work on the environment;


provide a set of agreed employment conditions.


4.0.  Induction


4.1        Prior to the commencement of work on site, all project employees shall be required to attend and undertake a project induction session.  Officials of the respondent parties may attend these sessions.  Employees will have to demonstrate a clear understanding of the issues raised in the induction, prior to beginning actual work.


4.2        Inductions will include information and the provision of relevant documentation on the following:


the scope, purpose and anticipated duration of the project;


the Project Award and how it governs the contract of employment of each employee;


compliance with the requirements for legislative, employer, employee and site safety and environmental standards;


the cooperative objectives of this award;


the specific dispute resolution procedures of this award.


5.0.  Period of Operation and Renewal of the Award


5.1        This Award shall operate from 1st October 2005.


5.2        The Award will operate for three (3) years.


5.3        The parties agree to set this Award aside at the achievement of Practical Completion Date (PCD) of each project.


5.4        This award rescinds and replaces the Condong and Broadwater Co-Generation Construction Projects Consent Award 2003 published 21 November 2003 (342 I.G. 106).




6.0.  Contract of Employment


6.1        Except for a casual employee (as defined) employment shall be by the week.  One (1) week’s notice of termination of employment shall be given on either side or one (1) week’s pay shall be paid or forfeited.


6.2        A casual employee is employed on an hourly basis and paid as such with a minimum payment of four (4) hours.  Causal employees shall be paid a 25% casual loading in compensation for other benefits under this Agreement to which a casual employee has no entitlement.  The casual employee is entitled to pro-rata redundancy payments and Superannuation in accordance with the Superannuation legislation.


6.3        Where casual employees are engaged on the Project, the engagement shall not exceed four (4) weeks duration unless agreement is reached between the parties to the Agreement.  Then, the engagement of a casual employee may be extended for a further two (2) weeks.  Agreement to an extension of engagement shall not be reasonably withheld.


6.4        The parties are committed to engagement of employees on a weekly basis.  The use of casual employees is intended to be kept to a minimum number.


7.0.  Rates of Pay and Payment of Wages


7.1        The ordinary rates shall be those rates as outlined in Appendix A - ‘Wage Rates’.  The allowances (where applicable) shall be those allowance prescribed in this Award.  If a company with higher EBA rates comes on site the employees of that company will receive the higher amount.  The company’s EBA will have no effect on the rates in this Agreement and there will be no claim against a higher rate under this agreement. 


7.2        All wages, allowances and other monies shall be paid by electronic funds transfer.  Payments shall be paid into an employee nominated account with a recognised financial institution and, subject to the provisions of 7.4 and 7.6, be available to the employee not later than the cessation of ordinary hours of work on Thursday of each working week.


7.3        An employee kept waiting for their wages on the nominated payday for more than an hour after the usual time of ceasing work shall be paid at overtime rates for a maximum of four (4) hours.  This shall not apply where the employer has taken all reasonable steps to process the payment and the delay is because of fault, error or delay of the transfer of funds within the banking system.


7.4        Provided that in any week in which a holiday falls on a Friday wages accrued shall be paid on the previous Wednesday night and provided further that when a holiday occurs on any Thursday wages accrued may be paid on the following Friday.  Nothing shall prevent any alternative mutual arrangement between an employer and an employee.


7.5        An employer shall not keep more than three (3) days wages in hand.


7.6        When notice is given in accordance with Clause 8 - Contract of Employment, of this Award all monies due to the employee shall be paid at the time of termination.  Where notice is forfeited, payment must be made within three (3) working days of the termination.


7.7        Particulars of details of payment to each employee shall be included in a statement handed to the employee at the time payment is made and shall contain the following information:


(a)        Date of payment


(b)        Period covered by such payment


(c)        The hours worked for which payment is made


(d)        The amount of wages paid for work at ordinary rates


(e)        The gross amount of wages and allowances paid


(f)         The amount of each deduction made and the nature thereof


(g)        The net amount of wages and allowances paid


(h)        The name of the Company employing the employees


(i)         The amount salary sacrificed (if any)


(j)         The number of hours paid at overtime rates and the amount paid therefore


(k)        The amount of allowances or special rates paid and the nature thereof


7.8        Other Entitlements


7.8.1     Tool Allowance


A tool allowance of $23.65 per week shall be paid for all purposes of the award to all tradespersons.


7.8.2     In Charge of Plant allowance


Where an employee is required by their employer:


(a)        to operate a piece of plant as defined for more than two (2) days in any given week;


(b)       to conduct regular maintenance checks i.e. complete daily checklists and provide to their supervisor on that plant and to undertake minor servicing eg refuelling, greasing, oil replacement, tyre maintaining, tyre pressure;


(c)        That employee will be paid an allowance of $27.50 per week flat.


7.8.3     First Aid Allowance


Employees who hold current industry recognised First Aid qualifications and are nominated by the employer to utilise that qualification shall be paid an allowance of $2.30 per day (flat) for each day worked.


7.8.4     Leading Hand Allowance


A person specifically appointed to be a leading hand shall be paid at the rate of the undermentioned hourly amounts above the hourly rates of his/her own rate.



$ per hour



(a)        In charge of not more than one person


(b)        In charge of two and not more than five persons


(c)        In charge of six and not more than ten persons


(d)        In charge of more than ten persons



This allowance is to apply for all purposes of this award.


7.8.5     Other Allowances


(a)        Specialist Skills - Electrical employees who are qualified and required to perform such work shall receive the following all purpose allowance:


Electrical Licence

$30.50 per week

Electrical Special Class

$48.20 per week

Electrical Instrument Fitter

$48.20 per week

Instrument, complex systems

$48.20 per week


(b)       Specialist Skills - Mechanical


Mechanical employees (as defined) who are qualified to Project standards and are required to perform such work shall receive the following all purpose allowance:



$48.20 per week

Instrument, Complex Systems

$48.20 per week

Special Class Welders

$48.20 per week


(c)        Plumbing Trades:


Plumbing Licence

$42.00 per week

Plumbing Registration

$20.90 per week


(d)       Refractory Allowance $1.56 per hour (Trades) $1.34 per hour (Labourer)


7.9        Fares and Travel


(a)        Employees who reside and travel up to 50 kilometres from the workplace.


All payments for fares and travelling are included in the rates of pay at Appendix "A".  No additional payments shall be claimed or made.


(b)        Employees who reside and travel more than 50 kilometres and up to 100 kilometres from the workplace.


Employees who so reside and travel shall be paid $25.00 per day worked in addition to the payments for fares and travel up to 50 kilometres included in the rates of pay at Appendix "A".


8.0.  Hours of Work


8.1        The ordinary hours of work as defined below for Employees will be for the purposes of this Award be worked between 6.00 am and 6.00pm.


8.2        The ordinary working hours shall be worked in a 5-day cycle, Monday to Friday inclusive, with eight (8) hours worked for each of Monday to Thursday and six (6) hours on Friday.


8.3        Overtime and Special Time


8.3.1     All hours in excess of the ordinary hours on any day shall be paid at the rate of:



Overtime Rate

Monday to Thursday

After eight (8) ordinary hours, the first two (2) hours of


overtime at 150% and the remainder at 200%.


After six (6) ordinary hours, the first two (2) hours of


overtime at 150% and the remainder at 200%.


First two (2) hours of overtime at 150% and the remainder


at 200%.


All work after noon at 200%.


On a Saturday, an employee must be provided with or paid for a


minimum of four (4) hours work.


All overtime hours worked at 200%.


On a Sunday, an employee must be provided with or paid for a


minimum of four (4) hours work.

Public Holidays

All hours worked at 250%.


On a Public Holiday, an employee must be provided with or paid


for a minimum of four (4) hours work.

Recall to Work

Payment at the appropriate overtime rate for the day of the


week with a minimum of four (4) hours.


8.3.2     When an employee, after having worked overtime and / or a shift for which he/she has not been regularly rostered, finishes work at a time when their usual means of transport is not available the employer shall provide him/her with conveyance to his/her home or to the nearest public transport.


8.3.3     An employee who:


(a)        That has not had at least 10 consecutive hours off duty before recommencing the next shift.


(b)       And who, on the instructions of the employer, resumes or continues to work without having had such ten consecutive hours off duty he/she shall be paid at double rates until he/she has had ten (10) consecutive hours off duty without a loss of ordinary working time pay.


(c)        Has worked continuously (except for meal and crib times allowed by this Agreement) for sixteen (16) hours shall not be required to continue at or commence work for at least twelve (12) hours.


(d)       These provisions shall apply in the case of shift workers as if eight (8) hours were substituted for ten (10) hours when overtime is worked for the purpose of changing shift rosters; or where a shift worker does not report for duty and day worker or shift worker is required to replace such shift worker; or where a shift is worked by arrangement between the employees themselves.


8.3.4     The provisions of Clause 8.3.2 and 8.3.3 shall apply in respect of work on a Public Holiday.


8.3.5     No apprentice under the age of 18 years shall be required to work overtime or shift work unless he/she so desires.  No apprentice shall, except in an emergency, work or be required to work overtime or shift work at times which would prevent his\her attendance at T.A.F.E.


8.4        Crib Breaks on Weekend Work


An employee working overtime on a Saturday or working on a Sunday shall be allowed a paid crib time of 20 minutes after four hours work, to be paid for at the ordinary rate of pay but this provision shall not prevent any arrangements being made for the taking of a 30 minute meal period, the time in addition to the paid 20 minutes being without pay.


In the event of an employee being required to work in excess of a further four hours, that employee shall be allowed to take a paid crib time of 20 minutes which shall be paid at the ordinary rate of pay.


8.5        Public Holidays


8.5.1     An employee, other than a casual employee (as defined) shall be entitled to the following holidays without deduction of pay.


New Year’s Day.


Australia Day.


Good Friday.


Easter Monday.




Queen’s Birthday


Eight-Hour Day or Labour Day.


Christmas Day.


Boxing Day


Newcastle Show Day or local show day (as agreed)


Picnic Day - 1st Monday in December


8.5.2     If any other day is substituted for any of these holidays by a State Act of Parliament or State Proclamation, the day so substituted shall be observed, then such day shall be deemed to be a holiday for the purposes of this agreement, for holidays covered by this award.


8.5.3     Where the employer and the majority of directly affected employees agree any of the days in 8.5.1 may be substituted for another day.  When this occurs the substituted day becomes that Public Holiday and the original day becomes an ordinary working day.


8.5.4     Easter Saturday - only an employee who normally works ordinary time, not overtime, on Easter Saturday shall be entitled to an ordinary days pay if Easter Saturday is not worked and not otherwise.  All employees shall be entitled to public holiday penalty rates if Easter Saturday is worked.


8.5.5     An employer who terminates the employment of an employee except for reasons of misconduct or incompetency (proof of which shall lie upon the employer) shall pay the employee a day’s ordinary wages of each holiday which falls within 10 consecutive days after the day of termination.


8.5.6     Where any two or more of the holidays prescribed in this Award occur within a 7 day span, these holidays shall for the purpose of this Award be a group of holidays.  If the first day of the group holidays falls within 10 consecutive days after termination, the whole group shall be deemed to fall within the 10 consecutive days.  Christmas Day, Boxing Day, and New Year’s Day shall be regarded as a group.


8.5.7     No Employee shall be entitled to receive payment from more than one employer in respect of the same public holidays or group of holidays.


8.5.8     An employee who has worked as required by his employer the working day immediately before and the working day immediately after such a holiday or is absent with the permission of his employer or is absent with reasonable cause, shall be entitled to payment for the payment the public holiday.  An absence arising by termination of employment shall be not be reasonable cause.


8.5.9     The employer will require from an employee, proof of picnic day attendance, i.e. ticket purchase before payment will be made for the day.  No work shall be scheduled on the first Monday of December each year.


8.6        Shift Work


8.6.1     For the purposes of this clause:


(a)        "Day shift" means a shift commencing between 6am and 8am.


(b)       "Afternoon shift" means a shift finishing after 9.00pm and at or before 11.00pm.


(c)        "Night shift" means a shift finishing between 11pm and at or before 7.00am.


(d)       "Morning shift" means finishing after 12.30pm and at or before 2.00pm.


(e)        "Early afternoon shift" means a shift finishing after 7.00pm and at or before 9.00pm.


8.6.2     Where an employee is employed continuously (inclusive of Public Holidays) for five (5) shifts Monday to Friday, the following rates shall apply:


(a)        Afternoon and Night Shift - Ordinary Time plus 50%.


(b)       Morning and Early Afternoon Shifts - Ordinary Time plus 25%.


8.6.3     In the case of broken shifts (i.e. less than five (5) consecutive shifts Monday to Friday) the rates prescribed shall be: Ordinary time plus 50% for the first two (2) hours and double ordinary time rates thereafter.


Provided that where a job finishes after proceeding on shift work for more than five (5) consecutive days or the employee terminates his/her services during the week, he/she shall be paid at the rate specified in this Award hereof for the time actually worked.


8.6.4     The ordinary hours of both afternoon and night shifts shall be eight (8) hours daily inclusive of meal breaks.


Where shift work comprises three (3) continuous and consecutive shifts of eight (8) hours each per day, a crib time of 20 minutes duration shall be allowed in each shift, and shall be paid for as though worked.  Such crib time shall be in lieu of any other rest period or cessation of work, elsewhere prescribed by this award.  An employee shall be given at least 48 hours’ notice of the requirements to work shift work.


8.6.5     For all work performed on a Saturday or Sunday, the normal rates of pay applicable to weekend overtime shall apply.  Provided that an ordinary night shift commencing before and extending beyond midnight Friday shall be regarded as a Friday shift.


8.6.6     All work paid in excess of shift hours, Monday to Friday, other than holidays shall be paid for at double time based on the ordinary rates of pay (excluding shift rates).


8.6.7     The provisions of this Award relating to hours (38 hour week) and leave shall apply to all employees working shift.


9.0.  Rest Periods, Crib Times and Meal Breaks


9.1        Employees will be entitled to a ten (10) minute meal break (without a deduction in pay) to be taken within the first 3 hours of commencing work on all days worked.


9.2        A lunch break of thirty (30) minutes (non-paid) will be taken between the hours of 12.00 noon and 1.00 pm.


9.3        Meal Allowance and Crib Time


When an employee is required to work overtime after the usual ceasing time for the day or shift for one and a half hours he/she shall be paid $19.50 (non-taxable) in lieu of the "Meal Allowance" provision and the 40 minute "Crib Time Allowance.


If the employee is required to remain at work for a further four hours he shall be paid a further $19.50 for this and any subsequent one and a half hours of overtime.


9.4        Employees engaged in the pouring, placing and finishing of concrete may be called upon to work during recognised meal breaks, the additional rates of pay shall be double time until the employee takes a meal break, the rate of pay shall revert to single time on taking a meal break




10.0.  Sick Leave


10.1      An employee other than a casual employee as defined who is absent from his/her work on account of personal illness or on account of injury by accident, other than that covered by workers’ compensation, shall be entitled sick leave subject to the following conditions and limitations:


(a)        He/she shall within one (1) hour of the scheduled commencement of such absence inform their employer of his/her inability to attend for duty, and, as far as practicable, state the nature of the injury or illness and the estimated duration of his/her absence.


Where because of the nature of the inability to attend for work it is impractical for the employee to notify within one (1) hour of the scheduled commencement time, the employee must do so at the first available opportunity.


(b)        He/she shall prove to the satisfaction their employer that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.


(c)        An employee during his/her first year of employment with their employer shall be entitled to sick leave entitlement at the rate of one (1) day at the beginning of each of the first ten calendar months.


10.2      Employees will be allowed a maximum of one (1) day of sick leave without a medical certificate.  All sick leave beyond one (1) day will require a medical certificate for such leave to be paid their employer may agree to accept from the employee a statutory declaration, stating that the employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate. 


10.3      If an employee is terminated by an employer and is re-engaged by an employer within a period of six (6) months, then the employee’s unclaimed balance of sick leave shall continue from the date of re-engagement.


10.4      In such case the employee’s next year of service will commence after a total of twelve months has been served from the date of re engagement.


11.0.  Annual Leave


11.1      Period of Leave


Employees (other than casual employees) shall accrue annual leave at the rate of 1.667 days for every month worked.


11.2      Employees employed on rotating shift work which is worked over a period of seven days per week shall accrue annual leave at the rate of 2.083 days for every month worked.


11.3      Method of Taking Leave


(a)        Where an entitlement to annual leave exists such leave may be taken in such periods, and at such times as agreed between the employer and the employee.


(b)        Any request of annual leave (by the employee) shall not be unreasonably refused.  In the event of lack of agreement between the parties the matter shall be referred to a Board of Reference.


11.4      Proportionate Leave on Termination


Where an employee has given five (5) working days or more continuous service (other than a casual employee), inclusive of any agreed day off, and he/she either leaves his/her employment or his/her employment is terminated by his/her employer he/she shall be paid any untaken annual leave.


11.5      Broken Service


Where an employee breaks his/her continuity of service by an absence from work without the permission of the employer, the amount of leave to which he/she would have been entitled under 16.1 and 16.3 hereof shall be reduced by one-forty eighth for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which one-twelfth of a week’s pay for each week or part thereof during which any such absence occurs.


A reduction shall only be made in respect of any absence where the employer informs the employee in writing within fourteen (14) days of the absence.


11.6      Calculation of Continuous Service


The following shall be included as time worked for the purpose of calculation of continued service:


(a)        Illness or accident up to a maximum of four (4) weeks after expiration of paid sick leave;


(b)        Bereavement leave;


(c)        Jury Service;


(d)        injury received during the course of employment and up to a maximum of 26 weeks for which he/she received worker’s compensation;


(e)        Where called up for military service for up to three (3) months in any qualifying period;


(f)         Long service leave;


(g)        Any reason satisfactory to your employer or in the event of a dispute to the appropriate Board of Reference.


11.7      Leave Payment


(a)        Payment for Period of Leave.


Each employee, before going on leave, shall be paid in advance the wages which would ordinarily accrue to him/her during the currency of leave.


(b)        Annual Leave Loading.


In addition to the payment prescribed in paragraph (a) hereof an employee shall receive during a period of annual leave a loading of 17.5% per cent calculated on the employees hourly rate as defined in Appendix A.


(c)        An Employee who is granted Annual leave and receives payment subsequent to being transferred from the Construction Site to another work location, is entitled to receive the benefits of this Agreement in respect to the Employee’s service on the Project.


11.8      Prohibition of Alternative Arrangements


An employer shall not make payment to an employee in lieu of annual leave or any part thereof.


12.0.  Other Leave


12.1      Jury Service


An employee required to attend for jury service shall be entitled to have his/her pay made up by his / her employer to equal his/her ordinary pay as for eight (8) hours per day plus fares whilst meeting this requirement.  The employee shall give the employer proof of such attendance and the amount received in respect of such jury service.


12.2      Bereavement Leave


An employee shall on the death within Australia of a wife, husband, father, mother, brother, sister, child or step-child, grandparent, mother-in-law, father-in-law, be entitled on notice to leave up to and including the day of the funeral of such relation, (or where made necessary because of travel arrangements, the day after the funeral) and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two (2) ordinary days of work.


Proof of such death shall be furnished by the employee to the satisfaction of his / her employer.


Provided that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement of leave.


For the purposes of this clause the words "wife" and "husband" shall include a person who lives with the employee as a defacto wife or husband.


Provided further that, with the consent of the employer, which consent shall not be unreasonably withheld, an employee shall, in addition to this entitlement to be paid bereavement leave, be entitled to reasonable unpaid bereavement leave up to ten working days in respect of the death within Australia or overseas of a relation to whom the clause applies, and that any dispute as to the granting of unpaid bereavement leave will be resolved in accordance with the disputes procedure of this award.


13.0.  Parental Leave


Employees will be entitled to Parental Leave in accordance with the NSW Industrial Relations Act.


14.0.  Personal/Carer's Leave


(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 subparagraph (ii) of paragraph (c), 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, provided for in Clause 10, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.


(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.


(c)        The entitlement to use sick leave in accordance with this subclause is subject to:


(i)         the employee being responsible for the care of the person concerned; and


(ii)        the person concerned being:


(a)        a spouse of the employee; or


(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or


(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or


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


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


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


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


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


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


(2)        Unpaid Leave for Family Purpose


An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.


(3)        Annual Leave


(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, 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 (a) of this subclause, 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.


(4)        Time Off in Lieu of Payment for Overtime


(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.


(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.


(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination. 


(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.


(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.




15.0.  Workers Compensation and Sickness Benefits


The Employer will provide top-up insurance 24 hour 7 days a week accident cover with a union approved industry scheme such as UPLUS or a similar fund.


16.0.  Superannuation


16.1      Each employer will contribute an amount of $100.00 per week for each employee or the Superannuation Guarantee Levy whichever is the greater.


16.2      The payment will be made to CBUS or other agreed scheme.


16.3      Should the legislation require a contribution greater than the amount nominated in 19.1 then the greater amount will apply.


16.4      An employee engaged on site from time to time for less than a completed week of employment shall have their employer funded superannuation contributions topped up where necessary on a daily basis calculated by dividing the relevant rate above by 5.  Such payments shall not apply where an employees employer funded contribution under the Superannuation Guarantee Charge exceeds the weekly contribution rate under this clause.


17.0.  Redundancy


17.1      Each employee will be entitled to receive a redundancy payment for each week of service of $75.00 (paid to A.C.I.R.T., MERT or other agreed redundancy fund.). 


17.2      Employees engaged on-site, from time to time for less than a completed week of employment shall be paid $2.00 per hour flat for all ordinary hours worked to a maximum of 38 hours per week, in lieu of the required contribution on behalf of employees into A.C.I.R.T., MERT or other agreed redundancy fund.


17.3      As a consequence of the relevant payment in 17.1 or 17.2 no other payments for redundancy need be made by the employer to any employee for the period the employee is engaged on this Project.




18.0.  Inclement Weather


18.1      The parties will adopt a reasonable approach with respect to inclement weather procedures and what constitutes ‘inclement weather’.  The object is to minimise lost time due to inclement weather and the purpose of this Clause is to establish common procedures so that the welfare and safety of Employees is respected and work can continue in an orderly fashion during periods of inclement weather.  Employees will accept transfers from an exposed work area to a work area not affected by inclement weather if useful work is available within the scope of the Employee’s skill, competence and training.


18.2      "Inclement Weather" shall mean the existence of abnormal climatic conditions (whether they be those of rain, hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like), by virtue of which it is either unsafe and/or unreasonable for employees to continue working when exposed to this weather. 


18.3      During and after periods of inclement weather the Consortium Project Manager, after consultation with the Safety Committee or employee safety representative, will determine any steps necessary to ensure that work can continue in a safe manner.  In all cases, priority will be given to ensuring that a safe workplace is provided and safe systems of work are used.  Nothing in this procedure will negate or contradict the rights of the safety committee under the terms of the NSW Occupational.


18.4      Where the initiatives described in 18.3 above are not possible or non-productive, the use of non-productive time may be used for activities such as relevant and meaningful skill development, safety training, presentation and participation in learning, planning and reprogramming of the project.


18.5      Where a concrete pour has been commenced prior to the commencement of inclement weather, employees may be required to complete such concrete pour to a practical stage and for such work, shall be paid at the rate of double time calculated to the next hour and in the case of wet weather.


19.0.  Dispute Prevention Procedures


19.1      The Parties to this Award agree to facilitate the constructive and speedy resolution of any issue of concern at the workplace and recognise that this commitment is critical to maintaining harmonious relations between the Consortium and its Employees and to ensure that the Client and Consortium achieve the completion of the job within the specified time and cost.


19.2      If an Employee has a grievance arising out of his or her employment with the employer, the Employee may notify the Supervisor of the substance of the grievance, request a meeting with that person and state the remedy sought.  The Employee may request an Employee member of the consultative Committee to be present at the meeting.


19.3      If the matter is not resolved by the Supervisor, the Employee may request that the Supervisor refer the grievance to the Project Manager.  Where appropriate or deemed necessary, the Employee may elect to seek the assistance of his/her workplace delegate and designated area Union organiser.


19.4      If the matter is still not resolved, the Employee may request the Project Manager to refer the grievance to the State Manager and the relevant Union Secretary or nominee.


19.5      If the matter is not resolved at this stage the Unions NSW shall be requested to become involved.


19.6      If the above process does not resolve the grievance either of the parties may refer the grievance to the Industrial Relations Commission of NSW for determination.  Subject to the legal rights of the Parties the determination of the Commission shall be binding on the Parties.


19.7      Whilst the above procedures are being carried out, work will continue as it did prior to the grievance arising.  Neither party shall be prejudiced as to final settlement by the continuation of work in accordance with this clause.


20.0.  Procedure for Settling Disagreements Over Safety Issues


20.1      Where a safety problem exists, work shall cease only in the affected area.  Work shall continue elsewhere unless access to safe working areas is unsafe.  However, any problem of access shall be immediately rectified and Employees/workers will use any alternate safety access to such safe working areas while the usual access is being rectified.


20.2      Should the project be in dispute on the basis that the whole project is thought to be unsafe, the following procedures shall apply:


Employees shall not leave the site.


Immediate inspection of the project involving both Consortium and Employee representatives of the site Safety Committee shall take place.


Consortium will nominate in consultation with the safety committee the Order of priority the work areas to be inspected by the Safety Committee.


The inspection shall identify the safety rectification work needed to take place in each work zone.


As zones are agreed for rectification, all employees/workers who can be gainfully employed shall immediately commence rectification works.


Upon verification that such rectification has been completed, productive work will resume.  Such resumption of work shall take place progressively as each work area has been cleared.


Should any dispute arise then the Project Manager will immediately call a Work Cover Inspector to assist on the procedures required for rectification. 




21.0.  Time Records


21.1      Employers shall keep a record of the following:


(a)        The name of each employee and his/her classification and rate of pay;


(b)        The hours worked each day;


(c)        The gross amount of wages and allowances paid;


(d)        The amount of each deduction made and the nature thereof;


(e)        The net amount of wages and allowances paid;


(f)         The Workers Compensation Policy or other satisfactory proof of insurance such as a renewal certificate;


(g)        Any details of taxation deductions and remittances to the Australian Taxation Office, including those payments made as PAYG Tax, whether under a Group Employer’s Scheme or not;


(h)        A certificate or other documentation from the State Long Service Leave Board or Authority which will confirm the employer’s registration, the date of the last payment, and the period for which that payment applies (where such documentation is available under State Legislation);


(i)         Superannuation and Redundancy Scheme contributions;


(j)         Employees 24 hour sickness and accident policy.


21.2      All records and documentation referred to in the above clause, or copies thereof, shall be available for inspection by a duly accredited official of an organisation bound by this agreement in accordance with the terms of the NSW Industrial Relations Act.


22.0.  Working Away from Home


22.1      Entitlement


(a)        The employer shall provided a distant worker with reasonable board and lodging at no cost to the employee or pay a living away from home allowance of $70.00 per day up to a maximum of $ 490.00 per week when employed on the Project site at such distance from the employee’s usual place of residence that the employee cannot reasonably return each night.


It shall be considered impractical where the distance travelled exceeds 100klm (by the shortest practical route) from the project to the usual place of residence.


For electrical tradespersons (including special class), the amount of living away from home allowance as provided for in the Electrical, Electronic and Communications Contracting Industry (State) Award shall be substituted for the amounts in this provision.


(b)        The employer shall provide an itinerant worker acceptable board and lodging at reasonable cost - (caravan allowance of $156.70 per week or $22.60 per day or the cost of the caravan site whichever is the greater).


22.2      Procedure


(a)        The employer shall advise applicants for employment of their entitlement under this clause at the time of the interview.


(b)        The employer shall determine whether the employee is correctly defined as a "distant worker", "itinerant worker" or "local worker".  The appropriate definition shall be shown on the employer’s records when the employee completes the Application Format the pre employment interview.


(c)        An employer shall not, under any circumstances, attempt to persuade or induce applicants for employment to provide a local address as the usual place of residence in an effort to avoid the employer’s obligations under this clause.


(d)        Subject to the provisions of the NSW Industrial Relations Act it shall be sufficient grounds for termination that an employee provides false and/or misleading information as to his/her place of residence.


22.3      Usual Place of Residence


In determining "usual place of residence" the employer shall obtain, and the applicant for employment shall provide a statement in writing of residence, at the time of engagement, provided that documentary evidence of the applicant’s usual place of residence, such as a motor driver’s licence may be provided and accepted in lieu of the statement in writing.


The employee’s usual place of residence and not the place of employment shall determine the applicability of this clause.


An employee shall notify the employer in writing of any subsequent change to his usual place of residence.  No subsequent change to an employee’s usual place of residence shall entitle an employee to the provisions of this Clause, unless the employer agrees.


22.4      Mobility


Where an employee is sent from their usual locality to another, they shall whilst necessarily travelling be paid travelling time and expenses as follows:


(1)        The rate of pay for travelling time shall be ordinary rates.


(2)        The maximum travelling time to be paid for shall be twelve hours out of every twenty four hours, or when a sleeping berth is provided by the employer for all night travel, eight hours out of every twenty four.     


(3)        Expenses for the purpose of this clause means:


All fares reasonably incurred.  The fares allowed shall be for bus, economy air, second class rail travel, except where all night travelling is involved, then they shall travel first class, with sleeping berth, where available.


Reasonable expenses incurred whilst travelling including $9.30 for each meal taken.


A reasonable allowance to cover the cost incurred for board and lodging.


(4)        Where an employee proceeds to a distant construction site and provided that the employer obtains a statement in writing from the employee of their usual place of residence at the time of engagement, no subsequent change of address shall vary the entitlements under this clause unless the employer agrees.


(5)        Rest and Recreation - Rail and Road Travel:  An employee who qualifies for the provisions of this clause, may, after two months continuous service, and thereafter at station nearest to their usual place of residence, on the pay day which immediately follows the date on which they return to the job.  Provided, that no delay not agreed with the employer takes place in connection with the employee’s commencement of work on the morning of the working day following the weekend.


Provided further, that if the work upon which the employee is engaged will terminate in the ordinary course within a further 28 days after the expiration of any such period of two or three months, then the provisions of this subclause shall have no application.


(6)        Air Travel:


The following conditions shall apply to an employee who is located in any area to which air travel is the only practical means of travel:


The employee may return home after four months continuous service and shall in such circumstances be entitled to two days leave of which one day shall be paid.


Thereafter, the employee may return to their usual place of residence after each further period of four months continuous service, and in each case they shall be entitled to two days leave of which one day shall be paid.


Payment for leave and reimbursement for any economy class air after paid by the employee shall be made at the completion of the first pay period commencing after the date of return to the job.


Provided further, that if the work upon which the employee is engaged will terminate in the ordinary course within a further 28 days after the expiration of any such period of four months, then the provisions of this subclause shall have no application.


(7)        Limitation of Entitlement:


This entitlement shall be taken as soon as is reasonably practical after becoming due and shall lapse after a period of two months.  Provided, that the employee has been notified in writing by the employer in the week prior to the entitlement becoming due and of the date that the entitlement will lapse if it is not taken by the employee.  (Proof of the written notice shall lie with the employer.)


(8)        Service Entitlement


For the purposes of this paragraph, service shall be deemed to be continuous, notwithstanding an employee’s absence from work as prescribed.


(9)        Variable Return Home


In special circumstances, and by agreement with the employer, the return to the usual place of residence may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee’s accrual entitlements.


(10)      Non-Payment in Lieu


Payment of fares and leave without pay as provided shall not be made unless taken by the employee.


(11)      Termination


An employee shall be entitled to notice of termination in sufficient time to arrange transport at termination or shall be paid as if employed up to the end of the ordinary day before transportation is available.


22.5      Definitions


(a)        "Distant Worker" means an employee who has provided satisfactory evidence that due to engagement on the construction site he/she is unable to reasonably return home each night.


(b)        "Itinerant Worker" means an employee with no fixed address.


(c)        "Local Worker" means an employee whose usual place of residence is within the local area.


(d)        "Reasonable Board and Lodging" means lodging in a well kept establishment with three adequate meals per day, adequate furnishings, good lighting and heating, hot and cold running water, in a single or twin room if a single room is unavailable.


(e)        "Living Away From Home Allowance" means an allowance payable weekly. Such allowance shall not be wages, provided that in the case of broken parts of a week occurring at the beginning or end of employment, the allowance shall be divisible by seven (7). Provided further, that if the employee satisfies the employer that he/she reasonably incurred a greater outlay than any prescribed the allowance shall be increased to match the outlay.


23.0.  Protective Clothing


23.1      Mandatory Equipment


All employees engaged to work on site will be supplied with appropriate safety footwear and safety helmets before commencing work on the project.


These items must be worn at all times as instructed during the site induction process.  Helmets must not be painted, drilled or modified in any way.  Damaged and/ or worn footwear and helmets will be replaced on a fair wear and tear basis.


23.2      Job Related Equipment


Where required, the employer will supply the following protective equipment/materials for use on specific work tasks:


Factor 30+ protective sun screen;


Hearing protection;


Eye protection;




Safety harnesses;




Hat Brims;


Dust Masks


In addition, one (1) pair of UV-rated safety glasses which conform to AS 1337 will be provided to employees who are required to work on reflective surfaces outdoors.  Glasses will be replaced on a fair wear and tear basis.


23.3      Clothing Issue


Australian made protective clothing of 1 shirt and 1 pair of trousers will be available to all employees on commencement with an additional issue of 1 shirt and 1 pair of trousers at the completion of 152 hours period with the project. 


Plus 1 warm and water resistant jacket.  Electricians will be issued with a wool jacket in lieu there of.


24.0.  Employee Representative


24.1      An employee elected as an Employee Representative shall be recognised as the accredited representative of the employees on the project and be allowed all necessary time during working hours to attend and submit to their employer, matters affecting the employees he/she represents.  Provided that the foregoing does not relieve the Employee Representative of the obligation imposed upon him/her by his/her employer. 


24.2      Prior to termination or transfer of any employee representative two (2) days notice shall be given to any Employee Representative and the union if the Representative is a member of the union.  Payment in lieu of notice shall not be given.  In the event of the union disputing the decision of Management to transfer or terminate the Employee Representative or terminate his/her service the matter shall be resolved in accordance with the Disputes Settlement procedure of this Award.


25.0.  Mixed Functions


An employee engaged for more than 2 hours during one day on duties carrying a higher rate then his/her ordinary classification shall be paid the higher rate for such day.  If for 2 hours or less during one day, he/she shall be paid the higher rate for the time so worked.


26.0.  Compensation for Clothes and Tools


(1)        An employee whose clothes, spectacles, hearing aids or tools have been accidentally spoilt by acid, sulphur or other deleterious substances, shall be paid such amount to cover the loss thereby suffered by him/her as may be agreed upon between him/her and his/her employer or, in default of agreement, as may be resolved in accordance with the disputes settlement procedure.


(2)        An employee shall be reimbursed by their employer to a maximum of $1,249.00 for loss of tools or clothes by fire or breaking and entering whilst securely stored at their employer’s direction in a room or building on their employer’s are lost or stolen while being transported by the employee at their employer’s direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee’s absence after leaving the job because of injury or illness.


Provided that an employee transporting his/her own tools shall take all reasonable care to protect those tools and prevent theft or loss.


(3)        Where an employee is absent from work because of illness or accident and has advised their employer in accordance with the Sick Leave notification obligations, their employer shall ensure that the employee’s tools are securely stored during his absence.


(4)        When their employer requires an employee to wear spectacles with toughened glass lenses their employer will pay the cost of the toughening process.


(5)        Provided that for the purposes of this clause:


(a)        Only tools used by the employee in the course of their employment shall be covered by this clause.


(b)        The employee shall, if requested to so, furnish their employer with a list of tools so used.


(c)        Reimbursement shall be at the current replacement value of new tools of the same or comparable quality.


(d)        The employee shall report any theft to the police prior to making a claim on their employer for replacement of stolen tools.


27.0.  Occupational Health & Safety


27.1      The Consortium has a goal of a total injury free workplace. This can only be achieved with joint co-operation between management and all employees.


27.2      All staff and employees at this Project will be required to conform to and strictly observe the Safety Manual and Procedures, client's Site Safety Policies and Procedures, all Regulations and Codes of Practice and safety statutes under State Government Legislation.


27.3      Safety in the workplace is everyone's responsibility.  The active and constructive participation of all employees is encouraged in:


(a)        Consistently carrying out housekeeping so that the workplace is maintained in a clean and reasonable condition.


(b)        Exercises in emergency procedures.


(c)        Safety training programs.


(d)        Safety audits.


(e)        Incident/injury reports and accident investigation.


(f)         Other related safety procedures and activities.


(g)        Setting a personal safety example.


(h)        Exerting every effort to prevent accidents during the course of employment.


(i)         Ensure that the safety of all operations at the workplace is considered before each job is commenced.


(j)         Elevating everyone's safety awareness so that every precaution is taken to minimize areas of potential hazards.


(k)        Obtaining a first aid certificate.


27.4      In the interests of everyone's safety the Consortium has introduced a Policy on Smoking in the Workplace.  Smoking is not permitted in offices, brew rooms, toilets, vehicles, closed in workshops or stores, or where other employees can inhale smoke.  Smoking is also not permitted on sites where the client has identified potential hazards.


27.5      It is forbidden to consume, carry or be under the influence of intoxicating liquor and or non-prescribed drugs, within the boundary of any work area.  Failure to observe this requirement will result in disciplinary action.


27.6      Horseplay, unruly behaviour, fighting, wilful damage to Company Assets will not be tolerated and will result in disciplinary action.


27.7      Where a safety issue exists, employees shall follow the "agreed" Hazard Rectification Procedure.


27.8      Where an employee is injured or suffers an illness arising out of activities at work, it is a requirement that the employee attend a Company nominated Medical Practitioner.


The Company Medical Practitioner is aware of the type of work duties available at the workplace and is best suited to assist the employee and the Company to recommend a rehabilitation process and alternative duties as appropriate, that will encourage an early return to work.


27.9      Where an employee is injured or suffers an illness arising out of activities at work, entitlements will be in accordance with relevant prevailing Workers Compensation.


28.0.  Quality Assurance


28.1      Consistent with the aims of the Consortium to obtain ongoing repeat business from our Clients, we must provide a quality product.


28.2      The Company has SGS accreditation of Quality Assurance Systems to 1SO9002.


28.3      All employees are required to work to the Quality systems and procedures, and accept responsibility and sign off checklists, inspection and test plans, non-conformance reports, etc.


29.0.  Anti - Discrimination


(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 discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.


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


(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or any make or has been involved in a complaint of unlawful discrimination or harassment.


(4)        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 tot his award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.


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




(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 or is necessary to avoid injury to the religious susceptibilities o the adherents of that religion."


(6)        These orders shall operate on and from today until further order of the Commission.


30.0.  Role of Unions


Employers shall establish procedures so that all reasonable steps are taken to ensure that employees, including subcontractors’ employees understand the benefits flowing to them. from the development of this Award, having only been obtained for them by the Union, and that the Company is Union friendly and encourages them to be financial members of the relevant union.


(a)        Where requested by the Union and authorised by the employees, the Company will assist with deductions of Union fees and any arrears payable to the Union.


(b)        To facilitate effective representation of employees, the Company authorises accredited Union officials to discuss relevant Union matters, and issues during ordinary hours of work, the Union official will notify the Company prior to such meetings.


(c)        To assist in the communication process all employees will be released for a one hour paid meeting per quarter.  Times will be set by the site consultative committee and agreement of management.


31.0.  No Extra Claims Commitment


No claims for wages and conditions in excess of this Award during its period of operation will be made.


32.0.  on Site Register


The Consortium will require that all contracts with Contractors include the following terms and conditions:


(a)        That all sub-contracts shall be in writing, and


(b)        That this award shall form part of the conditions of such contracts, and bind all such contractors and sub-contractors, and


(c)        That sub-contractors will be required to meet all relevant statutory and other legal obligations for their employees.


The practice of all-in payments, cash-in-hand payments or pyramid contracting will not be tolerated on this project.


The Peak Council will be kept advised of contractors coming on to site.  The contractors will ensure that employees hold the necessary qualifications to enable work to be performed in a safe and efficient manner.


The Consortium shall instruct each contractor to keep, on site a register containing information of every employer and employee engaged on the site.  Each contractor shall supply a copy to the Project Manager.  The Register shall contain the following.


Prior to commencing work on site potential employees must provide and certify as correct to their employer, who will provide to the Project Manager, the following information:


(a)        Name and residential address of Employee.


(b)        Name and address of employer and ACN/ABN Number.


(c)        Classification and Certificate details.


(d)        Induction date.


(e)        Union and ticket number (where applicable and if voluntarily provided).


(f)         Superannuation scheme name and employee number.


(g)        Long Service Leave Number.


(h)        Workcover Ticket-Permit Number.


(i)         Redundancy scheme number.


(j)         UPLUS or other fund Number.


(k)        Other information that may be agreed between the Parties.


(l)         Immigration Status as per Appendix B (see attached)


Failure to comply with this clause may result in that potential employee not being permitted to commence on the Project.


From Employers


(a)        Registered Business Name and Address of Employer and ACN/ABN Number;


(b)       Workers Compensation Policy Number, Underwriter and Currency Certificate;


(c)        Public Liability Policy Number, Underwriter and Currency Certificate;


(d)       Superannuation Fund Name and Employer Number;


(e)        Long Service Leave Employer Number;


(f)        Redundancy Scheme Details;


(g)       UPLUS, other fund number or equivalent Scheme Number;


(h)       Rehabilitation Particulars Pursuant to WorkCover General Programme Regulation, 1988;


(i)         Other information that may be agreed between the Parties.


Failure to comply or repeated breach with this clause may result in persons and/or contractors being removed from the site.


The relevant information will be provided by the contractors to ensure that SE can up-date the register.  Subject to any Statutory prohibitions or restrictions the information in the register will be available to the parties to this Consent Award on request.


33.0.  Leave Reserved


Leave is reserved to parties to discuss the introduction and implementation of the 36hr week during the life of this Award.


Appendix A


Wage rates



















$ per hour

$ per  hour

$ per  hour

$ per  hour

$ per  hour

$ per  hour

$ per  hour


















































Group AA - 105%


All Trades Persons Special Class


Mechanical Plant Operators Groups F, G, & H


Mobile Cranes over 70 tonnes (Add 5c/ hour for every 5 Tonnes in excess of 90 tonnes).


In addition to performing any duties within Group AA (subject to capability), employees in this Group will perform any of the duties of Groups E, D, C, B or A provided such duties are:


Within the skills, competence, qualifications and training of the employee concerned, and;


Consistent with occupational health and safety and statutory requirements; and


Related to the contract work of the employer and incidental to the employee’s substantive role.


GROUP A - 100%


All Trades Persons


Mechanical Plant Operator Groups C, D & E


Transport Workers Grade 6, 7 & 8


Mobile Crane Operator lifting capacity 40 tonnes but not exceeding 70 tonnes


In addition to performing any duties within Group A (subject to capability), employees in this Group will perform any of the duties of Groups E, D, C or B provided such duties are:


Within the skills, competence, qualifications and training of the employee concerned, and;


Consistent with occupational health and safety and statutory requirements; and


Related to the contract work of the employer and incidental to the employee’s substantive role.


GROUP B - 97%


Mechanical Plant Operators Group B


Concrete Pump Operator


Batch Plant Operator/Weigher and Batcher


Transport Worker, Grade 4 and 5


Cable Joiner


Driver of graders over 100 brake horse-power


Mobile Crane operator lifting capacity up to 40 Tonnes.


In addition to performing any duties within Group B (subject to capability), employees in this Group will perform any of the duties of Groups E, D, or C provided such duties are:


Within the skills, competence, qualifications and training of the employee concerned, and;


Consistent with occupational health and safety and statutory requirements; and


Related to the contract work of the employer and incidental to the employee’s substantive role.


GROUP C - 95%


Mechanical Plant Operators Group A


Groups 3 and 4 (AWU Labourers)


Groups 1 and 2 (CFMEU Labourers)


Bituminous Spray Operators




Steel Fixer/Concrete Finisher


Sheetmetal Worker - 2nd class


Dogman/Crane Chaser




Driller Operator - shot drilling machine


Driver of Graders up to 100 brake horse-power


Transport Workers, grade 1, 2 and 3


In addition to performing any duties within Group C (subject to capability), employees in this Group will perform any of the duties of Groups E, or D provided such duties are:


Within the skills, competence, qualifications and training of the employee concerned, and;


Consistent with occupational health and safety and statutory requirements; and


Related to the contract work of the employer and incidental to the employee’s substantive role.


GROUP D - 91%


Group 2 (AWU Labourer including AWU Store Person)


Group 3 (CFMEU Labourers)




Crane Chasers (engaged in loading and unloading and/or other work associated with storage area)


Laboratory Labourers


In addition to performing any duties within Group D (subject to capability), employees in this Group will perform any of the duties of Groups E provided such duties are:


Within the skills, competence, qualifications and training of the employee concerned, and;


Consistent with occupational health and safety and statutory requirements; and


Related to the contract work of the employer and incidental to the employee’s substantive role.


GROUP E - 88%


Trades Person’s Assistants


Survey Field Hands


Group 1 (AWU Labourers)


Dresser and Grinder


Driller’s Assistant


Cold Saw Operator


Store Person


Employees in this Group will perform any of the listed Group E duties, provided such duties are:


Within the skills, competence, qualifications and training of the employee concerned, and;


Consistent with occupational health and safety and statutory requirements; and


Related to the contract work of the employer and incidental to the employee’s substantive role.


Other classifications of labour may be included in this Clause following discussions and agreement between the appropriate parties to this Agreement.


Notwithstanding the grouping of classifications in this clause should an employee be able to show bona fide qualifications (as pertaining to their classification) consistent with the requirements of their parent award, eg Award restructuring in the Building and construction Industry of the National Building and Construction Industry Award 2000 the employee shall be moved into the most appropriate group.


If the parties are unable to reach agreement on any matter arising out of this provision the provisions of the disputes procedure clause shall be utilised.


The rates of pay set out in this Appendix (A) are inclusive of amounts in lieu of over award payments, Industry Allowance, Construction Allowance, Fares and travelling (excluding excess fares where applicable) and Site Disability payments such as space, height, dirt, etc, award special rates such as confined space, wet work, etc follow the job loadings, compensation for travel pattern mobility requirements, etc., inclement weather, wind, dust, etc., but exclude those allowances contained separately under this Agreement.


Appendix B


Authority to Obtain from DIMA Details of Immigration Status





(Family Name)


(Given Names)



Date of Birth:




Visa Number:

Passport Number





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


(Name of employer representative) details of my immigration status and.

entitlement to work legally in Australia


This information will only be made available to a representative of the principle at the Sunshine Sugar Mill Biomass Cogeneration Projects and authorised trade union officer on request.


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






Name of employer:




Phone No.:

Fax No.:


Please send or fax this form to:


The Department of Immigration and Multicultural Affairs


Phone: (02) 92584730

Fax: (02) 92584763











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