Downer Energy Systems Pty Ltd and
Clyde Babcock-Hitachi (Australia) Pty Ltd Consortium Condong & Broadwater
Co Generation Construction Projects Consent Award 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Unions NSW,
State Peak Council for Employees
(No. IRC 6482 of 2005)
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Before The Honourable
Mr Deputy President Harrison
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12 December 2005
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AWARD
Contents
Clause No. Subject Matter
1.0 Title
SECTION A - THE AWARD
2.0 Parties to
the Award
3.0 Objectives
4.0 Induction
5.0 Period of
Operation and Renewal of the Award
SECTION B - EMPLOYMENT CONDITIONS
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
SECTION C - LEAVE ENTITLEMENTS
10.0 Sick Leave
11.0 Annual
Leave
12.0 Other Leave
13.0 Parental
Leave
14.0 Personal/Carer’s
Leave
SECTION D - EMPLOYEE BENEFITS
15.0 Workers
Compensation and Sickness Benefits
16.0 Superannuation
17.0 Redundancy
SECTION E - ISSUE RESOLUTION
18.0 Inclement
Weather
19.0 Dispute
Prevention Procedures
20.0 Procedure
for Settling Disagreements over Safety Issues
SECTION F - MISCELLANEOUS
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.
SECTION A - THE AWARD
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).
SECTION B - EMPLOYMENT CONDITIONS
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 $2.30 per day (flat) for each day
worked.
7.8.4 Leading Hand
Allowance
A person specifically appointed to be a leading hand
shall be paid at the rate of the undermentioned hourly amounts above the hourly
rates of his/her own rate.
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$ per hour
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(a) In charge
of not more than one person
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0.38
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(b) In charge
of two and not more than five persons
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0.86
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(c) In charge
of six and not more than ten persons
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1.09
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(d) In charge
of more than ten persons
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1.45
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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:
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Electrical Licence
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$30.50 per week
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Electrical Special Class
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$48.20 per week
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Electrical Instrument Fitter
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$48.20 per week
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Instrument, complex systems
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$48.20 per week
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(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:
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Instruments
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$48.20 per week
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Instrument, Complex Systems
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$48.20 per week
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Special Class Welders
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$48.20 per week
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(c) Plumbing Trades:
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Plumbing Licence
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$42.00 per week
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Plumbing Registration
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$20.90 per week
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(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:
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Day
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Overtime Rate
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Monday to Thursday
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After eight (8) ordinary hours, the first two (2) hours of
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overtime at 150% and the remainder at 200%.
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Friday
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After six (6) ordinary hours, the first two (2) hours of
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overtime at 150% and the remainder at 200%.
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Saturday
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First two (2) hours of overtime at 150% and the remainder
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at 200%.
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All work after noon at 200%.
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On a Saturday, an employee must be provided with or paid
for a
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minimum of four (4) hours work.
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Sunday
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All overtime hours worked at 200%.
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On a Sunday, an employee must be provided with or paid for
a
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minimum of four (4) hours work.
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Public Holidays
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All hours worked at 250%.
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On a Public Holiday, an employee must be provided with or
paid
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for a minimum of four (4) hours work.
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Recall to Work
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Payment at the appropriate overtime rate for the day of
the
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week with a minimum of four (4) hours.
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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.
ANZAC Day.
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
SECTION C - LEAVE ENTITLEMENTS
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.
SECTION D - EMPLOYEE BENEFITS
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.
SECTION E. - ISSUE RESOLUTION
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.
SECTION F - MISCELLANEOUS
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;
Gloves;
Safety harnesses;
Gumboots;
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.
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 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
|
|
From
|
From
|
From
|
From
|
From
|
From
|
From
|
|
|
1/9/05
|
1/3/06
|
1/9/06
|
1/3/07
|
1/9/07
|
1/3/08
|
1/9/08
|
|
Level
|
$ per hour
|
$ per hour
|
$ per hour
|
$ per hour
|
$ per hour
|
$ per hour
|
$ per hour
|
|
AA
|
$24.24
|
$24.73
|
$25.23
|
$25.99
|
$26.77
|
$27.57
|
$28.40
|
|
A
|
$23.11
|
$23.58
|
$24.06
|
$24.78
|
$25.53
|
$26.29
|
$27.08
|
|
B
|
$22.41
|
$22.86
|
$23.43
|
$24.13
|
$24.86
|
$25.60
|
$26.37
|
|
C
|
$21.96
|
$22.40
|
$22.85
|
$23.54
|
$24.24
|
$24.97
|
$25.72
|
|
D
|
$21.03
|
$21.46
|
$21.84
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$22.50
|
$23.17
|
$23.87
|
$24.59
|
|
E
|
$20.33
|
$20.74
|
$21.16
|
$21.79
|
$22.45
|
$23.12
|
$23.81
|
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
Riggers
Steel Fixer/Concrete Finisher
Sheetmetal Worker - 2nd class
Dogman/Crane Chaser
Scaffolder
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)
Lagger
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
|
I
|
|
|
|
(Family Name)
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|
(Given Names)
|
|
|
|
|
Date of Birth:
|
Nationality
|
|
|
|
|
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.
|
Signed:
|
Dated:
|
|
|
|
|
Name
of employer:
|
|
|
|
|
|
Phone No.:
|
Fax No.:
|
Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
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Phone: (02) 92584730
|
Fax: (02) 92584763
|
R. W. HARRISON D.P.
____________________
Printed by the
authority of the Industrial Registrar.