Unions NSW Port Kembla Steelworks Construction Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notification by Unions NSW, Industrial Organisation of Employees and State Peak Council, of a dispute with BlueScope Steel.

 

(No. IRC 6774 of 2005)

 

 

AWARD

 

1.  Arrangement

 

1.         Arrangement

2.         Objectives

3.         Definitions

4.         Application

5.         Duration

6.         Project Construction Allowance

7.         Transport Drivers

7.1        Project Site Allowance Eligibility

7.2        Contract Carrier

7.3        Goods and Services Tax ("GST")

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

8.1        Induction

8.2        Health and Safety Plans

8.3        The Safety Committee

8.4        Implementation of this Clause

8.5        Formwork Safety

8.6        Temporary Power/Testing and Tagging

8.7        Crane Safety

9.         Dispute resolution

9.1        Project Disputes:

9.2        Demarcation Disputes

9.3        Procedures to prevent Disputes regarding Statutory and Other Entitlements

9.4        On-Site Register

10.       Productivity initiatives

10.1      Learning initiatives

10.2      Inclement weather

10.3      Maximising Working Time

11.       Building Codes

12.       Immigration Compliance

12.1      Immigration compliance

12.2      Legal right of Employees to work

13.       Long Service Compliance

14.       No Extra Claims

15.       No Precedent

16.       Rights of the Union(s) and Workplace Representative

16.1      Visiting Union Officials

16.2      Workplace Representatives

16.3         Union Rights of Entry

17.       Protective Clothing

18.       Workers Compensation and Insurance Cover

19.       Apprentices

20.       Training and Workplace Reform

21.       Anti-Discrimination

22.       Personal/Carers’ Leave

22.1      Use of Sick Leave

22.2      Unpaid Leave for Family Purpose

22.3      Annual Leave

22.4      Time-off in Lieu of Payment for Overtime

22.5      Make-up Time

22.6      Rostered days off (in respect of Carers and Parental Leave)

23.       Times and Days when Project Construction Work is to be Performed - Continuous Work

23.1      Continuous Work

23.2      Rostered Days Off

23.3      Project Close-down Days

23.4      Public Holidays

23.5      Reasonable Hours

24.       Project Close-down Calendar

a.          Project Close Down Calendar 2006

b.         Project Close Down Calendar 2007

 

Annexure A - ‘Construction Site’ - Defined

Annexure B - Unions

Annexure C - Construction Work - The Project(s)

Annexure D - Project Construction Allowance

Annexure E - Authority To Obtain Details Of Work Rights Status From DIMIA

 

2.  Objectives

 

The parties agree to the following objectives:

 

2.1        High standards of Environmental and Health & Safety throughout the Project(s).

 

2.2        High quality work on the Project(s);

 

2.3        Completion of the Project(s) ahead of schedule or as a minimum on time;

 

2.4        Compliance with legal obligations by all parties;

 

2.5        Compliance with applicable building and construction industry codes and guidelines;

 

2.6        Improved quality of work;

 

2.7        Elimination of unproductive time;

 

2.8        Reward Employees for improvements in productivity on the Project(s).

 

3.  Definitions

 

 

4.  Application

 

4.1        This Award shall apply to construction Employees engaged by the Employer to perform construction Project Work on a Project as defined in this Award.

 

4.2        This Award is intended to co-exist with the terms of any relevant Enterprise Agreement of the Employer and its primary purpose is to provide a framework to manage various issues on the Project(s) so as to deliver the Project(s) on time, safely and on budget.

 

5.  Duration

 

This Award shall operate on and from 23 March 2006 and shall remain in force and effect for a period of three (3) years thereafter.

 

6.  Project Construction Allowance

 

6.1        Project Construction Allowance

 

(a)        Subject to subclause (b) below, a Project Construction Allowance in accordance with Annexure D shall be paid to construction Employees for each hour worked on the Project(s). This allowance shall be paid as a flat amount for each hour worked, and shall not attract any premium or penalty. This allowance shall be deemed not to form part of an Employee’s ordinary pay and shall not be payable during periods of leave. The allowance shall be for the term of the Award and shall not be used as a precedent on other construction sites. Such applicable Project Construction Allowance is in recognition that the projects being undertaken are being completed on a shutdown basis and the conditions under which the construction work is performed, for example, the requirements for continuous work.

 

(b)        An Employee shall not be entitled to the Project Construction Allowance where the employee does not work in accordance with the provisions of Clause 23 Times and Days when Project Construction Work is to be Performed - Continuous Work, of this Award.

 

6.2        BlueScope Steel (AIS) Pty Ltd Disability Allowance

 

Construction employees shall be paid, the BlueScope Steel (AIS) Pty Ltd Disability Allowance prescribed in the MECA at Clause 18.9, in lieu of allowances specified in MECA at Clause 22 (i.e. allowances for cold work, confined space, dirty work, hot work, height work ,insulation work, wet work, explosive powered tools, multi storey building work, swing scaffold work, asbestos eradication work and suspended perimeter work platform work) and in recognition of disabilities unique to or otherwise experienced on the BlueScope Steel, Port Kembla (AIS) site, provided such payment is required under the terms of the Enterprise Agreement or other industrial instrument under which the construction employees are employed.  This allowance of $1.00 per hour is an all purpose rate and is paid to eligible construction employees for every hour they work on the Projects and there shall be no double dipping (i.e. no double payment for disabilities encountered on the Project/s).

 

This allowance shall be for the term of the Award and shall not be used as a precedent on other construction sites.

 

7.  Transport Drivers

 

7.1        Project Site Allowance Eligibility

 

It is further agreed that any Transport Worker carrying out work relating to the Project(s) will be eligible to receive the Project Construction Allowance (as provided in clause 6, above), provided that the driver has had a regular involvement of two (2) hours or more on any day with the Project(s).

 

7.2        Contract Carrier

 

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

 

7.3        Goods and Services Tax ("GST")

 

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

 

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

 

8.1        Induction

 

Prior to the commencement of work on site, all Employees will be required to attend and undertake the following induction sessions, or provide documentary evidence of having undertaken such training:

 

(a)        NSW WorkCover OH & S Induction Training for Construction Work ("Greencard");

 

(b)        BlueScope Steel (AIS) Pty Ltd General Induction (Compulsory unless accompanied at all times by an inducted person);

 

(c)        BlueScope Steel (AIS) Pty Ltd Driver Induction/Road & Rail Induction (if duties require);

 

(d)        Where relevant, training in use of Personal Locks for Isolation, Authority to Work procedures and Departmental Inductions;

 

(e)        Project specific Site Induction (Compulsory unless accompanied at all times on site by an authorised inducted person);

 

(f)         The NSW Transport and Distribution Competency Based Training System Certification (Blue Card) for transport drivers (if duties require);

 

Employees will have to demonstrate a clear understanding of the issues raised in the induction, prior to beginning actual work (this may include an oral and /or written competency assessment).

 

8.2        Health and Safety Plans

 

The Employer shall have an environment, health, safety and rehabilitation management plan in place that has been reviewed and approved by the Project Manager. This plan must include as a minimum procedures and methods that cover:

 

(a)        risk assessment of their works;

 

(b)        hazard identification, prevention and control;

 

(c)        planning and re-planning for a safe working environment, including the formation of a OHS Consultative Committee;

 

(d)        industry and trade specific induction of Employees;

 

(e)        monitoring performance and improvement of work methods;

 

(f)         reporting of all incidents and/or accidents;

 

(g)        compliance verification; and

 

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

 

8.3        The Safety Committee

 

The Safety Committee will be properly constituted under the OH&S Act and will abide by the agreed procedures as defined in its constitution and as revised from time to time.  All members of the Safety Committee will undertake Occupational Health and Safety training with an agreed provider.

 

8.4        Implementation of this Clause

 

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

 

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

 

(c)        The parties agree that consistent with the requirements of the Occupational Health Safety Act 2000 (NSW) that in the event an unsafe condition exists, work is to continue in all areas not affected by that condition and that the Employer may direct Employees affected by the unsafe condition to move to a safe place of work and to perform alternative duties. No Employee will be required to work in any unsafe area or situation.

 

(d)        Nothing in this clause shall negate the rights of a Union Official under the applicable Occupational Health and Safety legislation.

 

8.5        Formwork Safety

 

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

 

8.6        Temporary Power/Testing and Tagging

 

In order to maintain the highest standards of safety with regard to the use of electricity during construction, it is agreed that temporary installation will be installed strictly in accordance with AS 3012 (1995). All relevant work will be carried out by qualified electrical trades people. Testing and tagging will only be carried out by licensed electricians.

 

8.7        Crane Safety

 

The parties acknowledge that certification of mobile cranes to the NSW WorkCover Regulations and to Australian Standard AS 2550 is mandatory on Projects covered by this Award.

 

BlueScope Steel (AIS) Pty Ltd Standard DIV-SE-04-01 "Conditions For Entry For Mobile Equipment" is mandatory and requires mobile cranes to have a current assessment from a WorkCover assessor as part of this process for the issuing of a BlueScope Steel (AIS) Pty Ltd permit to use a mobile crane on the project site.

 

All mobile cranes engaged on the Project(s) covered by this Award will be required to be certified by CraneSafe Australia (New South Wales) or other accredited body prior to the date of commencement of the crane on the Project(s) and be valid for the duration on the Project site and display the certification sticker and registration certificate.

 

9.  Dispute Resolution

 

This Award is designed to place maximum emphasis on the avoidance of stoppages/industrial disputation and the expeditious settlement of grievances and/or disputation.

 

All grievances must initially be dealt with as close to its source as possible with graduated steps for further discussion and resolution at higher levels of authority.

 

9.1        Project Disputes:

 

If there is a dispute or conflict affecting more than one employer or the Progress of the Project(s), the following shall apply:

 

(a)        At any stage of the procedure, the Employee(s) may, at the request of the Employee(s), be represented by a Workplace Representative or other person nominated by them and the Employer may, at the request of the Employer, be represented by an employer association or other person nominated by them.

 

(b)        The grievance or dispute shall be dealt with as follows:

 

(i)         The Employee(s) shall notify their supervisor(s) of the grievance or dispute and the remedy sought, in writing.

 

(ii)        A meeting shall be held between the Employee(s) and the supervisor(s) to discuss the grievance or dispute and the remedy sought.

 

(iii)       If the matter remains unresolved, the Employee(s) may request the matter be referred to the applicable Construction Manager(s) for discussion. A further meeting between the parties shall be held as soon as practicable.

 

(iv)      If the matter remains unresolved, the Employee(s) may request the matter be referred to Senior Management of the Employer.

 

(v)       If the matter remains unresolved, the Employer shall provide the Employee(s) with a written response. The response shall include the reasons for not implementing any proposed remedy.

 

(iv)      Either party may notify the Industrial Relations Commission of New South Wales of the existence of a dispute at any stage of this procedure and seek its assistance in resolving the dispute pursuant to it’s powers set out in the Industrial Relations Act 1996 (NSW).

 

(c)        Normal work shall continue without interruption or dislocation whilst the parties to the dispute are genuinely attempting to resolve the dispute.

 

9.2        Demarcation Disputes

 

If a union demarcation dispute arises which cannot be resolved between the relevant Unions, the Unions agree to the following dispute settling procedure:

 

(a)        Work shall continue without interruption or dislocation during discussion and resolution of disputes. The continuation of work in such circumstances will not prejudice the position of any party;

 

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

 

(c)        The parties agree that the outcome of any matter dealt with under the terms of clause 9.2 (b), shall not be used as a precedent, reference, example or exhibit in any way whatsoever in matters arising from the Project(s);

 

(d)        If the dispute is not resolved after step (b), either Union may notify the dispute to the Industrial Relations Commission of New South Wales and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to its powers set out in the Industrial Relations Act 1996 (NSW); and

 

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

 

9.3        Procedures to prevent Disputes regarding Statutory and Other Entitlements

 

(a)        Where the Employer engages a contractor(s) to work on-site, it will:

 

(i)         check monthly payments of the contractor(s) with respect to employee entitlements so as to ensure compliance with relevant award, enterprise agreements or other legislative obligations, and

 

(ii)        check that the contractor(s) has/have not introduced arrangements such as unlawful ‘all-in’ payments or ‘cash-in-hand’ payments, (i.e. payments designed to avoid tax and other statutory obligations and sham subcontract arrangements).

 

Where such practices are identified the Employer will take immediate steps to ensure that any such arrangements are rectified and that any Employee affected by any such arrangement receives all statutory entitlements.

 

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

 

(c)        In accordance with Section 127 of the Industrial Relations Act 1996, Section 175(b) of the Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll Tax Act 1971 where the Employer engages a sub-contractor(s) to work on-site it will obtain all applicable sub-contractors Statements regarding workers’ compensation, payroll tax and remuneration. A copy of these statements will be made available to the Employer’s Workplace Representative, on request, who shall advise the Employer if they believe the information which has been provided by the sub-contractor is not correct.

 

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

 

9.4        On-Site Register

 

Where a Contractor engages another Employer, known for the purposes of this sub-clause as "sub-contractor", the Contractor shall be responsible for ensuring compliance with this sub-clause and maintaining a register of the following information as set out in 9.4(a) and 9.4(d) in respect of that sub-contractor. For the removal of doubt, this obligation shall apply to each level of the contractual chain.

 

Each Contractor shall provide the Project Manager with an up to date register containing details about their business and each construction employee they have engaged to perform work on the Project.  This register is to be kept on-site.

 

Prior to commencing work on the Project each Contractor will provide a copy of their register to the Project Manager and certify that the details contained in it are correct.  Thereafter, each Contractor will be required to keep the register up to date and to provide the Project Manager with a copy of any updates.

 

(a)        The Register shall contain the following information about the Contractor’s Business.

 

Registered business name and address of employer and ABN number.

 

Workers Compensation Policy Number, Underwriter and Currency Certificate

 

Rehabilitation Provider

 

Public Liability Policy Number, Underwriter and Currency Certificate

 

Superannuation Fund Name and employer number

 

Long Service Leave employer number

 

Redundancy, Trust name and employer number

 

Uplus or equivalent Number

 

(b)        Each sub-contractor shall be required to provide the above information about their business to the Contractor.

 

(c)        Failure to comply with subclauses (a) or (b) may result in a Contractor being removed from the Project.

 

(d)        The Register shall contain the following information for each construction employee engaged to perform work on the Project, by the Contractor

 

Name and address

 

Classification and Certificate details

 

Induction date

 

Start Date on Construction Site

 

Superannuation scheme name and employee number

 

Long Service Leave number

 

Uplus or equivalent number

 

Green Card number

 

Blue Card number

 

Emergency Contact

 

Failure to comply with this subclause may result in employees being removed from the Project.

 

To the extent provided for under applicable legislation (e.g. OHS, right of entry, privacy and building industry and industrial relations legislation including industry codes and regulations) the parties will be able to view information contained in a Contractor’s register.  Subject to applicable legislation, such information will be made available to the Industrial Relations Commission of New South Wales in the event of a dispute about compliance.

 

10.  Productivity Initiatives

 

10.1      Learning initiatives

 

The parties recognise that where practicable, it is in the interest of the Employer to implement skill enhancement and workplace reform programs while working on the Project(s).

 

10.2      Inclement weather

 

(a)        The parties to this Award will collectively proceed towards the minimisation of lost time due to inclement weather.

 

(b)        Further, the parties are bound to adopt the following principles with regard to inclement weather and idle time created by inclement weather:

 

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

 

(ii)        Employees shall accept transfer to an area or site not affected by inclement weather if, in the reasonable opinion of the Employer, useful work is available in that area or site and that work is within the scope of the Employee’s skill, competence and training consistent with the relevant classification structures (provided that the Employer shall provide transport to such unaffected area where necessary);

 

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

 

(iv)      All parties are committed to an immediate resumption of work following any cessation of work due to inclement weather; and

 

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

 

10.3      Maximising Working Time

 

The parties agree that crib and lunch breaks may be staggered for Employees so that work does not cease during crib and lunch. There will be no unreasonable interruption of the comfort of Employees having lunch and the amenities will be maintained in a clean and hygienic state at all times.

 

11.  Building Codes

 

If, on account of the terms of this Award, any difficulty arises in respect of the Employer’s ability to continue to comply with applicable state or federal building codes (including any new or revised codes and guidelines) the Unions will make themselves available to meet with the Employer and discuss the issue.  After this discussion, the Employer may apply to the NSW Industrial Relations Commission to vary this Award to the extent necessary to achieve compliance with state and/or federal building codes. The Union parties reserve their rights in this regard.

 

12.  Immigration Compliance

 

12.1      Immigration compliance

 

The parties will comply with Australian immigration laws.

 

12.2      Legal right of Employees to work

 

The Employer shall, prior to Employees commencing work on-site, check the legal right of Employees to work. The authorisation form attached to this Award (as per Annexure E) may assist in providing evidence of an Employee’s legal status.

 

13.  Long Service Compliance

 

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

 

14.  No Extra Claims

 

The parties agree that they will not pursue extra claims in respect of any matter (whether in this Award or not) during the term of this Award.

 

15.  No Precedent

 

The parties will not use this Award as a precedent and this Award will not create a claim for flow-on of onsite wage rates and conditions.

 

16.  Rights of the Union(s) and Workplace Representative

 

The parties to this Award acknowledge the right of Employees to be union members or not be union members if they choose. The parties to this Award also acknowledge that good industrial relations is important in assisting the parties to resolve grievances and disputes in a timely fashion.

 

16.1      Visiting Union Officials

 

The parties acknowledge that Union Officials are entitled to access the site in accordance with right of entry provisions in applicable industrial relations and OH&S legislation. Officials may access the site at other times with the prior agreement of the Project Manager (or their nominee), as appropriate.

 

16.2      Workplace Representatives

 

(a)        The parties agree that employees of the Employer may elect a Workplace Representative to represent them in discussions with the Employer.

 

(b)        The Workplace Representative shall, subject to the reasonable performance of their usual duties of employment, have the right to approach or be approached by an Employee of the Employer to discuss matters pertaining to the employment relationship of that Employee during normal working hours provided that any Employee shall have the right to not be approached if they so choose. The Employer shall not unreasonably impede this communication.

 

(c)        With the consent of the Employer, a Workplace Representative may attend any Court or Industrial Tribunal proceedings relating to industrial matters on the Project without deduction to wages, and such consent shall not be unreasonably withheld.

 

16.3      Union Rights of Entry

 

Subject to right of entry laws, properly accredited officials and workplace representatives of the Union(s) shall have the right to be provided with appropriate access to Employees.

 

17.  Protective Clothing

 

(a)        The Employer shall provide its Employees with appropriate high visibility protective clothing and equipment and shoes suitable to the tasks and the environment. Such clothing shall be, as far as practicable, made in Australia. All clothing shall be replaced on a fair wear and tear basis.

 

(b)        Employees who receive from the Employer an issue and/or replacement of appropriate high visibility protective clothing and equipment as part of the Employer’s policy or Enterprise Agreement shall not be entitled to the provisions of this clause.

 

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

 

18.  Workers Compensation and Insurance Cover

 

(a)        To the extent required by law, the Employer shall ensure that all persons engaged to work on the Project(s) are covered by workers compensation insurance.

 

(b)        To the extent required by law, where the Employer engages a contractor(s) on site, it shall ensure that the wages estimate and tariff declared for the type of work undertaken by that contractor(s) is correct. This information will be made available to accredited Union officials, in accordance with applicable legislation.

 

(c)        To the extent required by law, the Employer and their Employees shall comply with the following steps to ensure expedited payment of workers compensation.

 

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

 

(ii)        All Employees will comply with the requirements for making a workers compensation claim, including the provision of a WorkCover medical certificate, at the earliest possible time after the injury. This information will also be supplied to their supervisor and the Project first aid officer.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

19.  Apprentices

 

The parties acknowledge that the sustainability of the industry depends on skill development through apprenticeship and traineeship programs and that it is in the interest of Employers to ensure that such opportunities are made available where reasonably practicable.

 

20.  Training and Workplace Reform

 

The parties are committed to achieving improvements in productivity and innovation through cooperation and reform.

 

21.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

22.  Personal/Carers’ Leave

 

22.1      Use of Sick Leave

 

(a)        An Employee, other than a casual employee, with responsibilities in relation to a class of person set out in clause 22.1 (c) (ii) who needs the Employee’s care and support, shall be entitled to use, in accordance with this sub clause, any current or accrued sick leave entitlement, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The Employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness requires care by another person. In normal circumstances, an Employee must not take carers’ leave under this sub clause where another person has taken leave to care for the same person.

 

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

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the Employee; or

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

22.2      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 22.1 (c)(ii) above who is ill.

 

22.3      Annual Leave

 

(a)        An Employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties. An employee shall accrue, 4 weeks leave per year of service.

 

(b)        Access to annual leave, as prescribed in paragraph 22.3(a) above, shall be exclusive of any shutdown period provided for elsewhere under this Award.

 

(c)        An Employee and Employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

22.4      Time-off in Lieu of Payment for Overtime

 

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

 

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

 

(c)        If, having elected to take time as leave in according with paragraph 22.4(a) above, and the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

 

(d)        Where no election is made in accordance with paragraph 22.4(a), the Employee shall be paid overtime rates in accordance with the award.

 

22.5      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.

 

22.6      Rostered days off (in respect of Carers and Parental Leave)

 

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

 

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

 

(d)        An Employee may elect, with the consent of the Employer, to accrue some or all RDOs for the purpose of creating a bank to be drawn upon at a time mutually agreed between the Employer and Employee, or subject to reasonable notice by the Employee or the Employer.

 

(e)        This sub clause is subject to the Employer informing each Union which is both party to the Award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Unions to participate in negotiations.

 

23.  Times and Days When Project Construction Work is to be Performed - Continuous Work

 

The parties are committed to ensuring that the Project(s) under this Award are completed in the shortest time possible provided that appropriate occupational health and safety standards are observed at all times.

 

23.1      Continuous Work

 

The parties agree that work on the Projects will be continuous. That means that work will be scheduled and performed on days including days otherwise designated as "no work", RDO and/or public holidays, subject to the payment of penalty rates applicable to weekend work, working on RDO and/or public holiday work as the case may be.

 

Employees will have the option of ‘cashing out’ or ‘banking’ days at the option of the Employee.

 

23.2      Rostered Days Off

 

Subject to subclause 23.1:

 

(a)        In respect of full-time permanent Employees, Rostered Days Off shall notionally occur on the rostered days prescribed in clause 24 of this Award.

 

(b)        Where another applicable industrial instrument provides for project close down days and/or industry shut down days and/or rostered days off and/or public holidays, there shall be no double dipping (i.e. double counting) of rostered days off.

 

23.3      Project Close-down Days

 

Subject to subclause 23.1 where another applicable industrial instrument provides for project close down days and/or industry shut down days and/or rostered days off and/or public holidays, there shall be no double dipping (i.e. double counting) of Project Close-down Days.

 

23.4      Public Holidays

 

Subject to subclause 23.1, where another applicable industrial instrument provides for project close down days and/or industry shut down days and/or rostered days off and/or public holidays, there shall be no double dipping (i.e. double counting) of Public Holidays.

 

23.5      Reasonable Hours

 

(a)        Subject to paragraph (b) of this clause, the Employer may require an Employee to work reasonable overtime at overtime rates

 

(b)        An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable.

 

(c)        For the purposes of paragraph (b), what is unreasonable or otherwise will be determined having regard to:

 

any risk to the employee;

 

the employee’s personal circumstances including any family and carer responsibilities;

 

the needs of the workplace;

 

the notice, if any, given by the employer of the overtime and by the employee of their intention to refuse it; and

 

any other matter.

 

24.  Project Close-Down Calendar

 

For the purposes of this Award the parties agree that the following Project Close-down Calendar will be adopted for the Project. However the parties agree that work will take place on a continuous basis in accordance with clause 23, on days including days otherwise designated as "no work", RDO and/or public holidays, subject to the payment of penalty rates applicable to weekend work, working on RDO and/or public holiday work as the case may be.

 

A.  Project Close Down Calendar 2006

 

 

B.  Project Close Down Calendar 2007

 

 

The Employer(s) and Union(s) shall agree to a Project Site Calendar for 2008.  The site calendar shall follow the same principles as those established for the 2007 calendar.

 

Annexure A

 

‘Construction Site’ - Defined

 

For the purposes of this Award, the areas depicted in Maps 1(a), 1(b) and 2 shall constitute a "construction site".

 

Please refer to file IRC 2005/6774 to view the following maps:

 

Map 1(a) - No5 Blast Furnace Reline Project

 

Map 1(b) - No5 Blast Furnace Reline Project

 

Map 2 - Sinter Plant Upgrade Project

 

Annexure B

 

Unions

 

Unions:

 

Unions NSW

 

Construction, Forestry, Mining and Energy Union (New South Wales Branch)

 

The New South Wales Plumbers and Gasfitters Employees' Union

 

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (also known as AMWU)

 

Electrical Trades Union of Australia (NSW Branch)

 

Transport Workers' Union of Australia, New South Wales Branch

 

Australian Workers Union (AWU)

 

Annexure C

 

Construction Work - The Project(s)

 

For the purposes of this Award, "Project" shall mean the following construction works:

 

A.        N0. 5 Blast Furnace Reline

 

The application of this award for the No5 Blast Furnace Reline Project is:

 

(a)        For a period starting three months prior to the No5 Blast Furnace Shutdown Start and finishing three months after the "blow in" (First Restarting of the Furnace).

 

(b)        Applicable to the Reline Project and all ancillary projects managed by the Reline team and carried out on the Site within the period described in a) above.  For the avoidance of doubt, this award does not apply to usual maintenance and operations work carried out in this period and that is not part of the Reline Project.

 

B.         Sinter Plant Upgrade

 

Annexure D

 

Project Construction Allowance

 

PROJECT CONSTRUCTION ALLOWANCE

 

For the purposes of clause 6 of this Award, the following Project Construction Allowance shall apply:

 

 

Annexure E

 

Authority To Obtain Details Of Work Rights Status From DIMIA

 

 

 

 

M. J. WALTON  J, Vice-President.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.