NS Services
Pty Limited/CFMEU Enterprise Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by Construction, Forestry, Mining and Energy Union
(New South Wales Branch), Industrial Organisation of Employees.
(No. IRC 6230 of 2005)
Before Commissioner Murphy
|
19 January 2006
|
AWARD
Clause No. Subject
Matter
1. Title
2. Definitions
3. Parties And Persons Bound
4. Relationship To Parent Award
5. Duration Of The Award
6. No Extra Claims
7. Company Consultative Committee
8. Objectives
9. Protective Clothing
10. Wage Rates / Remuneration
11. Terms Of Employment
12. Payment Of Wages
13. Travel
14. Inclement Weather
15. Training And Related Matters
16. Annual Leave
17. Casual Labour
18. Dispute Settlement Procedures
19. Occupational Health And Safety
20. Company Drug And Alcohol Policy
21. Hours Of Work / Rostered Days Off
22. Right Of Entry
23. Employee Awareness
24. No Disadvantage
25. Long Service Leave
26. Picnic Day
27. Trade Union Rights And Representation
28. Immigration Compliance
29. Counselling And Disciplinary Procedures
30. Audit And Compliance
31. Endorsement Of The Agreement
Appendix A
Discrimination &
Sexual Harassment
Appendix B
Award/Agreement
Classification Structure
Rates Applicable
Appendix C
Extra Benefits And
Provisions
Appendix C1
Extra Benefits And
Provisions
Appendix D
Apprentices
Appendix D1
Apprentices
Appendix E
Leisure Days And
Public Holidays Calendar 2005-2008
Appendix F
Counselling And
Disciplinary Procedures/Termination Of Employment
Appendix G
Authority To Obtain
Details Of Work Rights From DIMIA
1. Title
This Enterprise Award
shall be known as the:
NS Services Pty Limited
/ CFMEU Enterprise Award.
2. Definitions
The Company: NS Services
Pty Limited (hereinafter referred to as "the Company") 1726 Gold
Coast High way, Burleigh Heads QLD 4220 Telephone: (07) 5520 1144 Facsimile: (07) 5520 1166.
Parent Awards: Building
and Construction Industry (State) Award (hereinafter referred to as "the
Parent Award")
Union: Construction
Forestry Mining Energy Union (Construction and General Division) New South
Wales Branch (hereinafter referred to as "the Union")
The Agreement: NS
Services Pty Limited/CFMEU Enterprise Award expiring 31 March 2008 (hereinafter
referred to as "the Award")
3. Parties and Persons Bound
(a) The Company in respect to all of its
Employees engaged in building and construction & related work in NSW as
defined by the Parent Award.
(b) The Construction Forestry Mining Energy
Union (Construction and General Division) New South Wales Branch.
(c) Employees (hereinafter referred to as
"Employees") of the Company who are engaged in any of the
occupations, callings or industries specified in the Parent Award.
4. Relationship to Parent Award
(a) Subject to paragraph (b) hereunder, this
Award is supplementary to, and shall be read and interpreted wholly in
conjunction with the Building and Construction Industry (State) Award.
(b) In the event of any inconsistency between
the Parent Award and an express provision of this Award, the terms of this
Award shall prevail to the extent of such inconsistency, unless the express
provision of the Award provides otherwise.
5. Duration of the Award
This Award shall apply from
19 January 2006. The Award shall remain
in force until 31 March 2008.
6. No Extra Claims
It is a term of this
Award that the Company, Employees and the Union signatory to this Award will
not pursue any further claims during its period of operation in regard to any
matters contained within this Award.
However the parties
acknowledge some projects may have site specific agreements which prescribe
special conditions. Where such agreements are contractually applicable and/or
formally certified by the relevant industrial tribunal and the project
agreement provides for an additional project specific productivity / milestone
payment(s) and or other benefits, the Company shall comply.
7. Company Consultative Committee
The Company may
establish and maintain where appropriate, a Consultative Committee as a forum
for effective communication between the parties.
The Consultative
Committee will be made up of an equal number of management representatives and
Employee representatives elected by the Employees. The parties agree that there
will be a maximum of three representatives from management and three from the
site workforce. The Secretary of the CFMEU or nominee will be extended an
invitation to attend Committee meetings.
The principle purpose
of this Committee will be to:
(a) Monitor the implementation of the terms
of this Award
(b) Facilitate the process of workplace
reform through consultation
(c) Ensure Employees are properly consulted
in respect of issues impacting on their wages, working conditions and job
security
(d) Monitor, discuss, develop and/or
recommend measures or actions in respect of but not limited to:
Productivity
Job security
Skills audit and
training
Management of
quality assurance
Occupational
health and safety
Existing and future
work
Removal of
restrictive work practices
Productive use of
inclement weather downtime
Rehabilitation of
injured Employees
Environmental
protection
Redundancies
Where a Company
Consultative Committee is not established consultation will take place direct
with the workforce, Company Union delegate and signatory Union.
8. Objectives
This Award has the following objectives
(a) To provide a culture for change
(b) To provide Employees with secure jobs
with an opportunity to fully utilise existing and new skills, thereby making
work more interesting and challenging
(c) To improve the competitiveness,
viability and profitability of the Company
(d) To improve efficiency and flexibility by
changing the way work is organised
(e) To establish skills-related career paths
for Employees
(f) To organise Company structures and job
design to maximise the Company competitiveness
(g) To promote investor confidence and
client satisfaction through improved efficiency, quality of work and
performance
(h) To pursue the implementation of quality
assurance and a total quality system
(i) To create a dispute free environment
through consultation and common purpose
(j) To maintain and enhance Company
occupational health and safety performance
(k) To eliminate discrimination and sexual
harassment (See Appendix A)
(l) To foster and encourage affirmative
action principles
(m) To provide opportunities for injured
Employees through rehabilitation
(n) To pay Employees fair wages and provide
enhanced employment conditions
(o) To help Employees apply a proper balance
between work and family/social life.
9. Protective Clothing
All Employees will be
required to present ready for work with appropriate footwear. If a new Employee
does not have appropriate footwear the Company will supply it. This footwear
will be replaced on a fair wear and tear basis on the condition that old
footwear is presented for inspection if required.
Following the
expiration of 152 ordinary hours of employment, new Employees will be eligible
for protective clothing.
Employees each year
will be issued with the following:
(a) In April one (1) sloppy-joe, two (2)
T-shirts and one (1) spray jacket
(b) In October two (2) T-shirts and two (2)
pairs of shorts/trousers
Employees are expected
to wear Company provided clothing and maintain such in a tidy manner, so as to
display a professional Company image.
Clothing supplied will
have a minimum of UPF 40 rating (Australian Standard 4399).
Employees will be required
to wear appropriate clothing in an effort to provide protection from the
harmful effects of UV exposure.
Additional personal
protective equipment e.g., gloves, eye protection, sun protection will be
supplied where required.
It is a condition of employment
with the Company that whilst working on site, Employees are required to wear
hard hats, steel capped boots and appropriate protective clothing at all times.
The following
disciplinary procedure will be adopted in relation to the wearing of these
protective items:
(a) Verbal warning(s)
(b) Written warning
(c) Eight (8) hours suspension - without pay
(d) Thirty six (36) hours suspension -
without pay
(e) Employment terminated
This disciplinary
procedure will not be unreasonably applied. The Union recognises the legal
obligation on the Company and Employees to comply with safety footwear, helmet
and protective clothing requirements and the need for effective disciplinary
procedure.
10. Wage Rates/Remuneration
In recognition of the
efficiencies and productivity measures contained herein the following increases
shall be available to Employees covered by this Award.
10.1 Wage
Increases
Employees, except
apprentices, within the Counties of Cumberland, Camden, Northumberland and Tweed
Shire - Byron Shire Local Council Boundaries will be paid in accordance with
the classification structure and wage rates in Appendix B or B1 of this Award.
There will be additional benefits payable in Appendix C or C1.
Outside of the
above boundaries Employees will be paid in accordance with their classification
in the relevant Award plus an additional $1.00 per hour all purpose regional
EBA allowance. This regional EBA allowance will be added to the applicable
Award rate arising from increases under the Award during the life of the
Agreement.
(a) Apprentices will be paid in accordance
with Appendix D or D1 of this Award.
(b) Additional wage increases will apply
during the life of this Award as per Appendix B. It is agreed by the parties
that there will be an additional wage increase of 2% from 1 October 2008. The
Union and Employees commit to not pursue any increases in wages, allowances or
conditions during 2008.
(c) Any increases granted by State Wage
Cases of the Industrial Relations Commission of New South Wales will be paid to
Employees engaged on projects located outside the Counties of Cumberland,
Camden, Northumberland and Tweed Shire - Byron Shire Local Council Boundaries.
(d) It is agreed that there will be no other
increases to wages or allowances for Employees under this Award except any
rates/allowance(s) provided under an enforceable project agreement, Parent
Award variations to expense related allowances, other allowances not dealt with
by this Award and apprentice wage rates for the duration of this Award. However
if the increase in the consumer price index is greater than the increases
provided for in this Award, these rates will be subject to review.
10.2 Productivity
Allowance
In return for
compliance with the provisions of this Award, a company productivity allowance
will be paid to all Employees covered by this Award. This allowance will be
paid weekly for each hour worked and in accordance with Clause 25 of this
Award, attracting no premium or penalty. The rate payable will be in accordance
with Appendix C or C1 of this Award.
The entitlement
for apprentices will be in accordance with Appendix D or D1 of this Award.
This company
productivity allowance shall be paid for all hours worked attracting no premium
or penalty and remain in force for the duration of the Award. If the Company
undertakes any off site work the applicability of this allowance may be
reviewed by agreement of the parties. Any agreed variation will be recorded in
correspondence by the parties to this Award. This allowance shall be in lieu of
Special Rates and Multi-storey allowance as contained in the Parent Award.
10.3 Redundancy
Redundancy or
redundant means the termination or cessation of employment of an Employee for
any reason.
In respect of
redundancy benefits:
(a) The Company agrees to make redundancy
contributions in respect of Employees covered by this Agreement to the
Australian Construction Industry Redundancy Trust (ACIRT) in accordance with
Appendix C or C1 of this Agreement
The entitlement
for apprentices will be in accordance with Appendix D or D1 of this Agreement.
The contributions
shall be paid monthly into ACIRT in accordance with the requirements of the
Trust.
(b) Employees will be entitled to a
redundancy benefit for each week of service with the Company being the greatest
of the following amounts:
(i) the amount payable by the Company to
ACIRT in accordance with this Agreement or
(ii) the amount prescribed by the relevant
Parent Award and or
(iii) any amount prescribed or awarded by a
relevant industrial tribunal
Where there is a
higher entitlement under (b) ii) and or (b) iii) of this clause the Employee
will be paid direct this entitlement minus the balance that has already been
paid into ACIRT by the Company for this period of employment.
Consistent with
Clause 22 of this Award, Employees of the Company authorise the Union to access
ACIRT records of payment by the Company strictly for the purpose of ensuring
all Employees receive their proper entitlement.
10.4 Superannuation
The Company shall
make superannuation payments monthly into cbus or other agreed scheme between
the signatories of this Agreement. The level of superannuation contributions to
be paid is recorded in Appendix C or C1.
The entitlement of
apprentices will be in accordance with Appendix D or D1 of this Agreement.
These
contributions are inclusive of any Employee superannuation contribution which
may be payable pursuant to federal legislation.
All superannuation
contributions will be paid monthly as per the Trust Deed. The Company will
allow Employees to make additional contributions to their cbus account by way
of genuine salary sacrifice, i.e., from pre-tax earnings. Consistent with
Clause 22 of this Agreement, Employees of the Company authorise the Union to
access cbus records of payment by the Company strictly for the purpose of
ensuring all Employees receive their proper entitlement.
10.5 Top-Up
Workers Compensation Insurance / 24 Hour Income Protection
The Company shall affect
an agreed top-up workers compensation insurance/24 hour income protection
policy for Employees covered by this Agreement. Where an Apprentice is engaged
the insurance benefits of this clause will apply to the Apprentice. The cost of
this policy will not increase to more than $70.00 per month during the life of
this Agreement. Consistent with Clause 22 of this Agreement, Employees of the
Company authorise the Union to access top-up workers compensation insurance/24
hour income protection records of payment by the Company strictly for the
purpose of ensuring all Employees receive their entitlement.
10.6 Workers
Compensation
For the purposes
of Section 42 of the Workers Compensation Act 1987, the ordinary rate of
pay be the hourly rate in Appendix B plus the company productivity allowance
prescribed in Appendix C. Other allowances e.g. fares, meal etc are not
payable.
11. Terms of Employment
11.1 Engagement
All prospective
Employees shall be required to fill out the Company pre-employment application
form and may be required to undertake a pre-employment medical examination.
Parties agree that
new Employees shall be subject to a probationary period of 4 weeks.
All
in payment systems, sham sub-contract arrangements/other systems of engagement
designed to circumvent this Agreement and cash in hand payments in lieu of
conditions and/or overtime are strictly prohibited.
11.2 Redundancy
The parties agree
that in the spirit of this Award, termination of employment will be consistent
with the objectives and goals of the Company and the workforce. Termination of
employment shall be decided on, but not limited to, issues such as skills and
ability, diligence, experience, length of service with the Company and
anticipated skills and future labour requirements. Employees will be consulted
and advised in respect of what criteria is used to determine redundancies prior
to making employees redundant.
When redundancies
are deemed necessary there will be appropriate consultation with the workforce
and relevant Union delegate(s) and Company Consultative Committee prior to
redundancies taking place. The Company should wherever possible seek voluntary
redundancies.
The Company will
ensure that selection of employees will be done fairly and in accordance to the
established criteria.
Where the need for
redundancies is disputed, the Company will meet with the signatory Union to
provide verification.
11.3 Where an Employee leaves
When an Employee leaves
of his/her own accord, their termination pay will be banked into their account
at the end of the next pay period. Where the Company terminates an Employee,
termination pay will be paid by cheque or through electronic funds transfer
into the Employee bank account as per the relevant Parent Award provision.
The parties agree
that where Employees covered by this Award are on or take unauthorised leave on
any Friday they shall not automatically have weekend overtime available to
them.
Where employment is
terminated by the Company, payment in lieu of notice shall be at the ordinary
hourly rate of pay. Payment for superannuation, redundancy and / or any other
allowances prescribed by this Award shall not be applicable for the notice
period where notice is not worked.
12. Payment of Wages
Except as provided
below the Parent Award conditions shall apply. In lieu of Clause 23.1 of
the Parent Award, the following shall
apply to all Employees:
(a) All wages, allowances and other monies
may be paid by electronic funds transfer
(b) Wages shall be made available no later
than 3.30 pm Thursday of each week (weekly). Waiting time shall not be payable
where an Employee is kept waiting for their money due to circumstances beyond
the control of the Company.
13. Travel
Employees covered by
this Award shall be paid the fares and travel allowance recorded in Appendix C
or C1 of this Award in lieu of the relevant fares and travelling allowance in
the Parent Award. This rate shall be
paid for days worked (including RDO’s) and shall remain in force without
variation for the duration of the Award. D or D1.
The entitlement for
apprentices will be in accordance with Appendix D or D1 of this Award.
All other Parent Award
conditions shall apply.
14. Inclement Weather
The parties agree that
should any site and/or section of a site be affected by inclement weather which
shall mean the existence of rain or abnormal; climatic conditions (whether they
be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature
or the like or any combination thereof) by virtue of which it is either not
reasonable or not safe for Employees exposed thereto to continue working whilst
the same prevail on that site or section of the site affected can be
transferred to another section of that site or another site for productive
work.
The parties agree that
inclement weather does not automatically create unsafe working conditions. No
Employee will be expected to work in unsafe or unreasonable conditions due to
inclement weather.
The parties to the
Award agree to collectively work towards the minimisation of lost time due to
inclement weather. Further, the parties undertake to adopt the following
principles and procedures with regard to inclement weather and the idle time that
inclement weather creates:
(a) Employees shall accept transfer to an
area or site not affected by inclement weather if, useful work is available in
that area or site and that work is within the scope of the Employees skill,
competence and training consistent with the classification structure and the
Company provides, where necessary transport, or payment of an allowance for use
of an Employees vehicle, at the rates provided in the Parent Award.
(b) Where the initiatives described in (a)
above are not possible or non-productive, Employees will be available for
activities such as relevant and meaningful skill development,
production/upgrade of skill modules, OH&S training presentation and
participation in learning, planning and reprogramming of the project.
(c) All parties are committed to an early
resumption of work following any cessation of work, which may result from
inclement weather.
(d) If it is necessary and consistent with
safe working procedure to walk through inclement areas in order to make areas
safe, appropriate protection will be provided.
(e) If it is necessary to walk through
inclement areas in order to get to agreed working areas and considering safe
work practices, appropriate protection will be provided.
(f) The practice of "one out, all
out" will not occur
(g) Should a portion of the project be
affected by inclement weather, all other Employees not so affected shall
continue working regardless of the fact that some Employees may not be
gainfully employed due to inclement weather.
(h) All other Parent Award conditions shall
apply.
15. Training and Related Matters
15.1 The parties recognise that in order to
increase the efficiency and productivity of the Company a commitment to
structured training and skill development is required.
Accordingly the Company
agrees to:
(a) Provide Employees with the opportunity
to acquire additional skills through appropriately structured training based on
nationally endorsed (i.e. NBCITC accredited) competency standards and
curriculum and
(b) Encourage Employees to seek formal
recognition of skills including RPL (recognition of prior learning). This shall
apply to all Tower Crane crews on site, which shall consist of one (1) Tower
Crane operator and two (2) Dogmen (the dogmen will be given the opportunity to
train as Tower Crane Operators). They shall be regarded as "Spare Crane
Operators" and shall be paid as such.
15.2 The Company will consult Employees in
respect of appropriate training which:
(a) Is consistent with Company business requirements
(b) Is relevant to the needs and
expectations of Employees.
(c) May be taken either on or off the job
(d) May be conducted when work cannot
proceed e.g., due to inclement weather
Any training costs
for courses will be paid by the Company in accordance with guidelines agreed by
the Company Consultative Committee or arising from workforce consultation. The
Company will not be requested to meet the costs of training undertaken by
Employees, which is not approved.
16. Annual Leave
An Employee may
elect to have annual leave in single day increments. Where an Employee elects to take such annual leave adequate
notice shall be given to the Company.
Where there is
consistent broken service without an acceptable reason by an Employee no notice
shall be required by the Company to activate Clause 32.5 of the Parent Award.
Annual leave loading of
17.5% shall be paid on all annual leave entitlements.
The parties agree
during the life of the Award to explore the feasibility of payment into an
annual leave trust. The Union undertakes not to pursue this claim by industrial
action.
All other Parent Award
conditions shall apply.
17. Casual Labour
The parties agree to
the following conditions regarding casual employment:
(a) Engagement and termination of employment
of casual Employees shall be in accordance with the Award.
(b) Casual labour will be entitled to the
benefits of this Agreement and the Award except annual leave, personal leave,
parental leave, jury service, public holidays and redundancy..
(c) For the purpose of this Agreement, a
casual hand means an Employee who is employed for a period of less than six (6)
weeks (exclusive of overtime) in any continuous period of employment with the
Company. If employment is regular and
systematic beyond six (6) weeks, the Employee must then be employed pursuant to
clause 13.1 or 13.2 of the Award.
(d) A casual Employee shall be paid 125% of
the hourly rate applicable to the Employee’s relevant classification contained
in Appendix B of this Agreement for each ordinary hour worked. Overtime and
weekend duty worked under this agreement does not attract the casual
loading. However where an Employee is
required to work on a public holiday he/she will be paid 275% of the hourly rate
in Appendix B.
(e) A casual Employee required to work
overtime or weekend work shall be entitled to the penalty rates prescribed by
clauses 29 and 31 of the Award.
18. Dispute Settlement Procedures
The parties acknowledge
that this Award is designed to place maximum emphasis on avoidance of
stoppages/industrial disputation and the expeditious settlement of grievances
and / or disputation where it does occur.
18.1 Procedures relating to grievances of
individual Employees are as follows:
(a) The Employee is required to notify (in
writing or otherwise) the Company as to the substance of the grievance, at a
meeting with the Company for discussions and state the remedy sought.
(b) A grievance 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.
This may include the involvement of the Company/site Union delegate
and/or the company consultative committee and/or some form of mediation.
(c) Reasonable time limits must be allowed
for discussion at each level of authority.
(d) At the conclusion of the discussion, the
Company must provide a response to an Employee grievance; if the matter has not
been resolved, including reasons for not implementing any proposed remedy.
(e) While this procedure is being followed,
normal work must continue.
(f) The Union may represent the Employee at
any stage of these procedures.
Unresolved matters
shall be formally submitted to the Industrial Relations Commission by either party
or their representatives, with the decision of the tribunal being accepted as
the full and final resolution of the dispute. Individual rights to the process
of legal appeal are not affected.
18.2 Procedures relating to disputes between
the Company and its Employees are as follows
(a) A grievance or dispute 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.
(b) Reasonable time limits must be allowed
for discussion at each level of authority. This may include the involvement of
the company consultative committee and/or the relevant Union delegate/official.
(c) The Company may be represented by an
industrial organisation of employers and the Employee(s) by the signatory Union
to this Award for the purposes of each procedure at any stage. Where there is
need for the Union to consult Employees during ordinary hours it will give
appropriate notice to the Company.
(d) It is agreed between the parties that in
the settlement of a dispute where it is identified that the Company is in
minor/technical default with Parent Award, Award or statutory obligations (e.g.
under payment or non-payment of an entitlements) there will be no stoppage of
work whilst the breach is under investigation.
(e) If the Company is identified as paying
‘all in’, it will pay the ‘all in’ hourly rate being paid (for all purposes of
the Parent Award) to all Employees plus all conditions of this Agreement for
job duration.
Unresolved matters
shall be formally submitted to the Industrial Relations Commission by either
party or their representatives, with the decision of that tribunal being
accepted as the full and final resolution of the dispute. Parties’ rights to
the process of legal appeal are not affected.
While this procedure is
being followed, normal work must continue as it existed prior to the dispute
occurring. Where there is a grievance that may cause a stoppage of work the
relevant Union official will contact senior management of the Company rather
than Employees stopping work.
19. Occupational Health and Safety
All occupational health
and safety issues will be resolved in strict accordance with the relevant
legislation and the Building Industry Safety Code.
The most qualified or
appropriate person will render first aid.
Where a safety problem
exists, work shall cease only in the affected area. Work shall continue
elsewhere unless there is no safe access to working areas. However, any problem of access shall be
immediately rectified and the Employees will use alternate safe access to such
working areas while the usual access is being rectified.
If a safety problem
arises, the matter shall be brought to the attention of the immediate supervisor/foreperson.
He/she shall organise to have the
problem rectified and the Employees relocated to safe work areas whilst
rectification work is being carried out.
Should a dispute arise
over a safety issue, immediate inspection of the disputed area involving both
the Company and the site safety representative and/or safety committee shall
take place.
If there is more than
one area thought to be unsafe, the OH&S committee/Company will nominate in
order of priority the areas to be inspected. On verification that rectification
has been completed, productive work will resume. Such resumption shall take
place if necessary in stages as each area has been cleared.
Provided that any
disagreements between Company and the Site Safety Representative(s) and/or
Safety Committee shall be determined by the recommendation of a WorkCover NSW
Inspector.
The Company will ensure
all Employees complete the WorkCover accredited Occupational Health and Safety
Induction Course.
20. Company Drug and Alcohol Policy
Under no circumstances
will any Employee affected by alcohol and/or affected by any other drug be
permitted to work and/or operate any equipment on Company projects.
If an Employee is
affected by alcohol or any other drug and is sent home to recover, he/she will
not be paid for the lost time. Incidents concerning drugs or alcohol shall be
dealt with in accordance with the Building Trades Group (BTG) of Unions Drug
and Alcohol Safety Rehabilitation Program.
The parties agree that
no alcohol/drugs will be permitted on Company projects.
21. Hours of Work/Rostered Days Off
21.1 Hours
of Work
Consistent with
the objectives of this Award, the parties have agreed to organise the hours of
work to suit the requirements of the industry whilst also giving the Company
and Employees greater flexibility in organising their rostered days off
(RDO’s). Except as provided elsewhere in the Parent Award, the ordinary working
hours within the Counties of Cumberland, Camden, Northumberland and Tweed Shire
- Byron Shire Local Council Boundaries shall be Monday to Friday 8 hours per
day 36 hours per week.
Work will be
performed between 6.00 am and 6.00 pm. Where agreement is reached with the
relevant Employees, a 5.00 am start may be introduced (with subsequent meal and
crib time adjustments) to allow for daylight saving and special project
requirements.
21.2 Rostered
Days Off
On projects within
the Counties of Cumberland, Camden, Northumberland and Tweed Shire - Byron Shire
Local Council Boundaries the ordinary working hours shall be worked in a 20 day
cycle, Monday to Friday inclusive, with 8 hours worked for each of 19 days with
0.8 of an hour accruing for paid rostered days off (RDO’s). The accrual applies
on all ordinary days worked (except RDO’s) and paid leave. A rostered day off
shall be taken as provided below and travelling allowance in accordance with
Clauses 38.1.4, 38.2 and 38.3 of the Parent Award, shall be paid on this day.
On projects outside the above boundaries and under $15 million the Award shall
apply.
The following is
agreed in respect of rostered days off:
(i) Subject to 21.2 (v), agreement shall be
reached by the Company and Employees as to which day shall be taken as a
rostered day off when such entitlement is due.
It is agreed a Company roster system may apply.
(ii) RDO’s may be banked to a maximum of six
(6) days in any 12 month period. These RDO’s may be taken as a group of
consecutive days or any other combination subject to reasonable notice by an
Employee.
(iii) Any disputes arising from this clause
shall be resolved through the dispute settlement procedure of this Award.
(iv) Where more than one (1) accrued RDO is to
be taken on consecutive working days, application for such paid leave shall be
sought giving a reasonable period of notice.
(v) It is recognised that there is merit in
programming no work on the RDO’s adjacent to public holiday weekends during the
working year. This will allow the management and Employees of the Company to
have quality paid leisure time. Work within the counties of Cumberland, Camden,
Northumberland and the Tweed Shire - Byron Shire Local Council Boundaries is
prohibited on the following public holidays, weekends and agreed RDO’s adjacent
to Australia Day, Easter Friday, Easter Monday, Anzac Day, Queens Birthday,
Labour Day and Union Picnic Day. On projects in excess of $15 million outside
the Counties of Cumberland, Camden, Northumberland and Tweed Shire - Byron
Shire Local Council Boundaries work shall be discouraged on the weekends,
public holidays and industry RDO’s referred to above. However, by agreement of
the parties work may occur on these long weekends with the additional RDO
accruals arising from the 36 hour week paid in a way agreeable to the Company
and applicable Employees.
(vi) Where there is an agreed emergency or a
special client need and subject to the agreement of applicable Employees and
the written agreement of the Secretary of the Union or nominee, limited work
may be undertaken on the No Work weekends and adjacent fixed RDO’s. Unless
impracticable the Company will give the Union 7 days notice of any such need
for work so as to ensure appropriate consultation.
(vii) Employees shall use the additional RDO
accruals arising from the introduction of the 36 hour week to a maximum of 14.4
hours for payment of the No Work Saturdays. Attached hereto as Appendix E is
the 2005-2008 Leisure Days and Public Holidays calendar. Employees shall only
be entitled to payment of one (1) fare allowance on any paid no work Saturday.
(viii) A new Employee will be eligible for an RDO
after achieving 7.2 hours RDO accrual. However, a new Employee will be eligible
to use lesser RDO accruals for the Saturdays and adjacent fixed RDO’s nominated
as no work public holiday/RDO weekends.
(ix) Employees will be paid all unpaid RDO
accruals on termination.
(x) This clause also applies to apprentices.
Such apprentices will be paid an additional 0.8 of an hours pay for each
ordinary day worked or on paid leave.
(xi) A casual Employee will be paid 7.2 hours
pay for each ordinary day worked or paid leave with 0.8 of an hour accruing for
the extra leisure days arising from the introduction of a 36 hour week. This
0.8 of an hours pay accrued will be paid on the designated No Work Weekends and
for additional RDO’s with any accrued balance paid on termination of
employment.
21.3. Overtime
(a) The parties to this Award recognise that
excessive overtime is of detriment to personal, family and community life and can
jeopardize workplace safety. The Company and the workforce shall develop
guidelines during the life of this Award to limit excessive overtime.
(b) The Company may require an Employee to
work reasonable overtime. Reasonable overtime will be determined having regard
to:
(i) Any risk to Employee health and safety;
(ii) The Employee’s personal circumstances
including family responsibilities;
(iii) The need of the workplace or enterprise;
(iv) The notice (if any) given by the Company
of the overtime and by the Employee of his/her intention to refuse it e.g..
rostered overtime, particularly when the roster has been agreed in advance;
(v) Any other relevant matter.
22. Right of Entry
Accredited Union
officials shall have right of entry to any place or any premises where the
Company and its Employees are undertaking work for the purpose of investigating
breaches of this Award, the Parent Award or legislation applying to the Company
and its Employees and to hold discussions with employees and the Company
including for the purpose of raising and/or resolving issues as between the
Company and any Employees arising out of this Award. Such investigation may
include interviewing Employees, checking on wage rates, Parent Award/Award
breaches, or safety conditions or regulations and maintaining the integrity of
the settlement reached between the parties and embodied in this Award.
Upon arrival on site
the accredited Union representative will notify relevant Company personnel
available of their presence. Nothing in this clause shall be contrary to law.
The Company is required
to keep all relevant time, wage and related records. These records are to be
made available for inspection by an authorised representative of the Union.
23. Employee Awareness
All current Employees
will be given a copy of this Award, along with all future Employees upon
commencement.
24. No Disadvantage
Arising from the
implementation of this Award, no Employee will suffer a disadvantage in respect
of rates of pay and conditions of employment.
25. Long Service Leave
Prior to commencement
of employment, the Company will register a prospective Employee if not already
registered with the Building and Construction Industry Long Service Payments
Corporation. The Company will strictly comply with all requirements of the Building
and Construction Industry Long Service Payments Act 1986 and in particular,
will issue as required all Certificates of Service with all details including
the Employees registration number. An Employee will be entitled to payment of
long service where applicable calculated on the hourly rate and company
productivity allowance stipulated in this Award.
26. Picnic Day
Employees are required
by the Company to provide proof of industry picnic day attendance, i.e., ticket
purchase before payment is made for the day. A financial Union ticket recorded
as "picnic paid" is deemed as evidence of ticket purchase. No work
shall be scheduled on industry picnic day, i.e., the first Monday of December
each year without agreement of the parties to this Award.
27. Trade Union Rights and Representation
The parties to this
Award acknowledge the right of Employees to be active Union members and respect
the right of the Union to organise and recruit Employees as Union members. The
parties to this Award also acknowledge that good communication between the
Union workplace delegate(s) and members is an important mechanism in assisting
the parties to resolve grievances and disputes in a timely fashion. Nothing in
this clause shall be contrary to law.
27.1 Visiting
Union Officials
(a) Union officials shall produce their
right of entry permits, if required, and observe the relevant Parent Award and
OH&S obligations for entry to site
(b) Union officials with the appropriate
credentials shall be entitled to inspect all wage records, other payment
records and related documentation necessary to ensure that the Company is
observing the terms and conditions of this Award
(c) All wage books and other payment records
shall be made available within 48 hours on site or at another convenient
appropriate place by the Company
(d) Such inspections shall not take place
unless there is a suspected breach of this Award, the Parent Award and / or
other statutory obligations
27.2 Delegates
and Their Rights
In this clause the
expression "delegate" means an Employee who is the accredited
representative of the Union at the workplace or within the Company.
(a) The parties acknowledge it is the sole right
of the Union and its members to elect Union delegate(s) who shall be recognised
as the authorised representative of the Union
(b) An elected delegate shall be paid the
rate prescribed for CW7.
(c) The delegate shall have the right to
approach or be approached by any Employee of the Company to discuss industrial
matters during normal work hours
(d) The delegate shall have the right to
communicate with members or potential members of the Union in relation to
industrial matters without impediment from the Company. Without limiting the
usual meaning of the expression "impediment", this provision applies
to the following conduct by the Company:
Moving a delegate
to a workplace or work situation which prevents or significantly impedes
communication with members
Changing a
delegates shifts, rosters or site so that communication with workers is
prevented or significantly impeded
Disrupting duly
organised meetings
(e) The delegate shall be entitled to
represent members or potential members in relation to industrial matters at the
workplace, and without limiting the generality of that entitlement is entitled
to be involved in representing members or potential members:
At all stages in
the negotiation, renegotiation and/or implementation of agreements or other
industrial instruments
The introduction
of new technology and other forms of workplace change
Career path,
reclassification, training issues and to initiate discussions and negotiations
on any other matters affecting the employment of members
Ensuring that
workers on site are paid their correct wages, allowances and other lawful
entitlements
To check with
relevant industry schemes so as to ensure that superannuation, redundancy etc
has been paid on time for all Employees and long service credited to a workers
long service registration
(f) In order to assist the delegate to
effectively discharge his/her duties and responsibilities, the delegate shall
be afforded the following rights:
The right to reasonable
communication with other delegates, Union officials and management in relation
to industrial and related matters
A maximum of ten
(10) days paid time off work to attend relevant Union training courses/forums,
subject to appropriate notice
Paid time off to
attend meetings of Union delegates in the industry, as authorised by the
relevant Union Secretary or nominee
Time to check
WorkCover and OH&S requirements are being complied with
(g) The Company shall provide, if not
already available the following to a delegate on a large construction site
A lockable cabinet
for the keeping of records
A lockable notice
board for the placement of authorised Union notices
Where practicable,
on large sites access to a Union office
Where a Union
office room is not practicable, access to a meeting room
Access to
telephone for legitimate Union business
From existing
resources and when required, access to:
A word processor,
typewriter or secretarial support at the workplace;
A personal
computer (PC), CD ROM and E-mail and the internet at the workplace
A photocopier or
facsimile machine for authorised Union notices.
(h) There shall be no deduction to wages
where the Union requires a delegate to attend any court or industrial tribunal
proceedings relating to industrial matters at the workplace impacting on
Employees.
(i) Nothing in this clause requires the
election of a delegate on every workplace of the Company. The expectation of
the parties would be that Employees would elect a delegate on large sites.
27.3 Union
Membership
Properly
accredited officials and workplace representatives of the Union shall have the
right to be provided with appropriate access to Employees to promote the
benefits of Union membership.
To assist in this
process the Company shall:
(a) If requested by the Union and authorised
by the Employee, provide payroll deduction services for Union fees. Such fees
shall be remitted to the Union on a regular agreed basis with enough
information supplied to enable the Union to carry out reconciliation
(b) Make available information,
documentation and applications including that of the Union party to this Award,
at the same time as Employees are provided with their taxation declaration form
(c) Invite the Union to attend induction
training of new Employees.
(d) The Company shall advise all (non-Union)
employees prior to commencing work for the Company that a ‘bargaining agents
fee’ of 1% of the gross income or $500.00 per annum, whichever is the greater
is payable to the CFMEU, NSW Branch within 4 weeks of commencement of
employment with the Company and on or prior to 1 October of each year. The
Company will ensure that any applicable bargaining fee is paid as required by
this clause.
28. Immigration Compliance
The Company recognises
its obligations in respect of compliance with Australian immigration laws.
Existing and
prospective Employees may be required to complete the Authority contained in
Appendix G of this Award to obtain from DIMIA (Department of Immigration and
Multicultural and Indigenous Affairs) details of immigration status. No person
will be allowed to undertake any work for the Company unless it is verified he
/ she has the right to work.
This provision will be
strictly complied with by the Company.
29. Counselling and Disciplinary Procedures
The Company recognises
the importance of clear and understood counselling and disciplinary procedures.
Attached hereto as Appendix F of this Agreement is the procedures adopted by
the Company and agreed with the workforce.
30. Audit and Compliance
The Union may require a
comprehensive audit of Company time and wage books and related records unless
contrary to law. The audit will be carried out by CAS Pty Ltd or an other
agreed audit company. The cost of the audit
will be met by the Company. If the Company is identified as being in
minor/technical default with Award, Agreement or statutory obligations (e.g.
under payment or non-payment of an entitlement) there will be no stoppage of
work whilst this audit is proceeding. All in payment systems, sham sub-contract
arrangements/other systems of engagement designed to circumvent this Agreement
and cash in hand payments in lieu of conditions and/or overtime are strictly
prohibited.
If the Company is
identified paying ‘all in’ it will pay the ‘all in’ rate being paid to all
Employees on that site plus all conditions of this Agreement for job
duration. Work will not be sublet to
another company except by agreement of the parties to this Agreement or where
the work is of a specialist nature.
31. Endorsement of the Agreement
The parties recognise
that each has a responsibility to ensure the successful operation of this
Award. The signatures below testify the fact that the Award has been endorsed
at peak Company, Union and Employee levels.
APPENDIX A
Discrimination
& Sexual Harassment
(i) 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.
(ii) 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.
(iii) 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.
(iv) Nothing in this clause is to be taken to
affect:
(a) any conduct or act which is specifically
exempted from anti-discrimination legislation;
(b) offering or providing junior rates of
pay to persons under 21 years of age;
(c) any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977
(d) a party to this Award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
(v) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by legislation
referred to in this clause.
In respect to this
the aim of the Company is to provide a work environment free from all types of
discrimination and sexual harassment for all Employees fully supporting the Sex
Discrimination Act 1984 and the Anti Discrimination Act 1977.
The Company fully
complies with all applicable requirements of the federal and state legislation
on discrimination, including, but not limited to discrimination on the grounds
of religion, national origin, marital status, gender, disability or age.
There is an expressed
commitment by the Company to prohibit discrimination against applicants or
Employees in employment, promotion, demotion, transfer, recruitment,
recruitment advertising, stand downs, termination, rates of pay and other forms
of compensation, and selection for training.
Sexual harassment
is unacceptable behaviour, which is not asked for and can take many forms,
obvious or subtle, direct or indirect. It can include, but is not limited to
display of sexually suggestive, offensive degrading material, computer screen
savers and e-mail, sexually suggestive looks and comments, wolf whistling or
physical contact and indecent assault.
Should there be an
occurrence where a complaint of discrimination or sexual harassment has been
received, the Company consultative committee where it has been established
shall be responsible for assessing and reviewing the complaint matter, with the
complete co-operation of management.
Any alleged
complaint of discrimination or sexual harassment will be handled with utmost
confidentiality, fairly and expeditiously, for all those involved.
Ultimately, the
responsibility for discrimination and sexual harassment matters lies with
Senior Management of the Company.
APPENDIX B
Award/Agreement
Classification Structure
Classification
|
Abbreviation
|
% Relativity
|
Construction
Worker Level 1
|
CW1
|
92
|
Trades
Labourer, Jackhammer Operator, Mixer Driver (Concrete), Gantry Hand or Crane
Hand Chaser,
|
Cement
Gun Operator, Concrete Cutting or Drilling Machine Operator, Concrete Gang
including Concrete
|
Floater,
Roof Layer, Dump Cart Operator, Concrete Formwork Stripper, Nipper,
Stonemason Assistant,
|
Mobile
Concrete Pump Hoseperson or Linehand.
|
|
Construction
Worker Level 2
|
CW2
|
96
|
Scaffolder,
Powder Monkey, Hoist or Winch Driver, Foundation Shaftsperson, Steelfixer,
Tack Welder,
|
Concrete
Finisher, Demolition Labourer,
|
|
Construction
Worker Level 3
|
CW3 (Non Trade)
|
100
|
Rigger,
Dogman, Stonemason Machinist, Group A Operators: Air Compressor Operators,
Electric Motor
|
Attendants,
all Winch Drivers, Servicepeople, Operators of other cranes up to and
including 5 tonnes,
|
Mobile
Concrete Line Pump Operator.
|
|
Construction
Worker Level 3
|
CW3 (Trade)
|
100
|
All
tradespersons including Carpenter, Joiner, Bricklayer, Tiler, Plasterer,
Stonemason, Painter etc, Asbestos
|
Removal
Worker
|
|
Construction
Worker Level 4
|
CW4
|
105
|
Marker-Setter
Out, Signwriter, Lettercutter, Group B Operators: Tractor- up to, but not
exceeding 48kw
|
(65hp),
Skid Steer Tractor- up to, but not exceeding 48kw (65hp), Mobile Crane- up to
and including 10
|
tonnes,
Floating Crane- up to and including 10 tonnes, Other Cranes- over 5 tonnes
and not exceeding 15
|
tonnes,
Road Roller, Mobile Concrete Boom Pump Operator, Compactor - up to, but not
exceeding 48kw
|
(65hp),
fork lift - up to, but not exceeding 48kw (65hp)
|
|
Construction
Worker Level 5
|
CW5
|
110
|
Carver,
Special Class Tradesperson, Refractory Bricklayer, Group C, D & E
Operators: Tractor- from
|
48kw
(65hp) up to, but not exceeding 370kw (500hp), Loader-front end and overhead-
from 48kw (65hp)
|
up
to, but not exceeding 370kw (500hp), Dragline / Shovel Excavator- up to, but
not exceeding 3.0 cubic
|
metre
capacity, Dumper- up to, but not exceeding 100 tonnes, Grader, Compactor-
from 48kw (65hp), Skid
|
Steer
Tractor- from 48kw (65hp), Forklift- from 48kw (65hp) up to, but not
exceeding 220kw (295hp),
|
Mobile
Crane- over 10 tonnes (note the crane capacity adjustment allowance in the
Mobile Crane Hiring
|
Award
applies to mobile cranes over 20 tonnes), Floating Crane- over 10, but not
exceeding 20 tonnes,
|
Other
Cranes- over 15, but not exceeding 20 tonnes, Excavator-Hydraulic Telescope
Boom Type, Side
|
Boom/Pipe
Layer- up to, but not exceeding 220kw (295hp).
|
|
Construction
Worker Level 6
|
CW6
|
115
|
Groups
F & G Operators: Tractor- from 370kw (500hp) up to, but not exceeding
450kw (600hp), Dragline/
|
Shovel
Excavator- from 3.0 cubic metres, Dumper- from 100 tonnes struck capacity,
Loader- front end
|
and
overhead from 370kw (500hp) up to, but not exceeding 450kw (600hp), Side boom
/ pipe layer - from
|
220kw
(600hp)
|
|
Construction
Worker Level 7
|
CW7
|
120
|
Group
H Operator: Tractor- from 450kw (600hp), Tower Crane Crew (one (1) Crane Operator,
two (2)
|
dogmen),
Union Delegate, Sub Foreperson (bridge and wharf carpenter)
|
|
Construction
Worker Level 8
|
CW8
|
125
|
Indicative
tasks which an employee may perform at this level include the following:
works on plant and
|
equipment
at a higher level of skill than CW7, exercises high precision trade and/or
operative skills using
|
various
materials and specialised techniques at a higher level than CW7, implements
quality control
|
programmes,
plans complex construction sequencing, Carpenter-Diver (note: 31 divisor for
hourly rate),
|
Foreperson
(bridge and wharf carpenter)
|
|
|
|
|
APPENDIX B
For Work within the Counties of Cumberland, Camden
and Northumberland and Tweed Shire - Byron Shire Local Council Boundaries
Rates
applicable from 1 July 2004
Classification
|
Per Hour
|
Per Day
|
0.8 RDO
|
Per 36
|
Time & a
|
Double
|
|
|
7.2 Hours
|
Accrual
|
Hours
|
Half
|
Time
|
|
|
|
|
|
|
|
CW1
|
19.09
|
137.45
|
15.27
|
687.24
|
28.64
|
38.18
|
CW2
|
19.93
|
143.50
|
15.94
|
717.48
|
29.90
|
39.86
|
CW3 (Non Trade)
|
20.75
|
149.40
|
16.60
|
747.00
|
31.13
|
41.50
|
CW3 (Trade)
|
21.49
|
154.73
|
17.19
|
773.64
|
32.24
|
42.98
|
CW4
|
22.56
|
162.43
|
18.05
|
812.16
|
33.84
|
45.12
|
CW5
|
23.62
|
170.06
|
18.90
|
850.32
|
35.43
|
47.24
|
CW6
|
24.70
|
177.84
|
19.76
|
889.20
|
37.05
|
49.40
|
CW7
|
25.75
|
185.40
|
20.60
|
927.00
|
38.63
|
51.50
|
CW8
|
26.84
|
193.25
|
21.47
|
966.24
|
40.26
|
53.68
|
Rates applicable from 1 March 2006
Classification
|
Per Hour
|
Per Day
|
0.8 RDO
|
Per 36
|
Time & a
|
Double
|
|
|
7.2 Hours
|
Accrual
|
Hours
|
Half
|
Time
|
|
|
|
|
|
|
|
CW1
|
19.47
|
140.18
|
15.58
|
700.92
|
29.21
|
38.94
|
CW2
|
20.33
|
146.38
|
16.26
|
731.88
|
30.50
|
40.66
|
CW3 (Non Trade)
|
21.17
|
152.42
|
16.94
|
762.12
|
31.76
|
42.34
|
CW3 (Trade)
|
21.92
|
157.82
|
17.54
|
789.12
|
32.88
|
43.84
|
CW4
|
23.01
|
165.67
|
18.41
|
828.36
|
34.52
|
46.02
|
CW5
|
24.09
|
173.45
|
19.27
|
867.24
|
36.14
|
48.18
|
CW6
|
25.19
|
181.37
|
20.15
|
906.84
|
37.79
|
50.38
|
CW7
|
26.27
|
189.14
|
21.02
|
945.72
|
39.41
|
52.54
|
CW8
|
27.38
|
197.14
|
21.90
|
985.68
|
41.07
|
54.76
|
Rates applicable from 1 October 2006
Classification
|
Per Hour
|
Per Day
|
0.8 RDO
|
Per 36
|
Time & a
|
Double
|
|
|
7.2 Hours
|
Accrual
|
Hours
|
Half
|
Time
|
|
|
|
|
|
|
|
CW1
|
19.85
|
142.92
|
15.88
|
714.60
|
29.78
|
39.70
|
CW2
|
20.73
|
149.26
|
16.58
|
746.28
|
31.10
|
41.46
|
CW3 (Non Trade)
|
21.59
|
155.45
|
17.27
|
777.24
|
32.39
|
43.18
|
CW3 (Trade)
|
22.35
|
160.92
|
17.88
|
804.60
|
33.53
|
44.70
|
CW4
|
23.46
|
168.91
|
18.77
|
844.56
|
35.19
|
46.92
|
CW5
|
24.56
|
176.83
|
19.65
|
884.16
|
36.84
|
49.12
|
CW6
|
25.68
|
184.90
|
20.54
|
924.48
|
38.52
|
51.36
|
CW7
|
26.79
|
192.89
|
21.43
|
964.44
|
40.19
|
53.58
|
CW8
|
27.92
|
201.02
|
22.34
|
1005.12
|
41.88
|
55.84
|
Rates applicable from 1 March 2007
Classification
|
Per Hour
|
Per Day
|
0.8 RDO
|
Per 36
|
Time & a
|
Double
|
|
|
7.2 Hours
|
Accrual
|
Hours
|
Half
|
Time
|
|
|
|
|
|
|
|
CW1
|
20.23
|
145.66
|
16.18
|
728.28
|
30.35
|
40.46
|
CW2
|
21.13
|
152.14
|
16.90
|
760.68
|
31.70
|
42.26
|
CW3 (Non Trade)
|
22.01
|
158.47
|
17.61
|
792.36
|
33.02
|
44.02
|
CW3 (Trade)
|
22.78
|
164.02
|
18.22
|
820.08
|
34.17
|
45.56
|
CW4
|
23.91
|
172.15
|
19.13
|
860.76
|
35.87
|
47.82
|
CW5
|
25.03
|
180.22
|
20.02
|
901.08
|
37.55
|
50.06
|
CW6
|
26.17
|
188.42
|
20.94
|
942.12
|
39.26
|
52.34
|
CW7
|
27.31
|
196.63
|
21.85
|
983.16
|
40.97
|
54.62
|
CW8
|
28.46
|
204.91
|
22.77
|
1024.56
|
42.69
|
56.92
|
Rates applicable from 1 October 2007
Classification
|
Per Hour
|
Per Day
|
0.8 RDO
|
Per 36
|
Time & a
|
Double
|
|
|
7.2 Hours
|
Accrual
|
Hours
|
Half
|
Time
|
|
|
|
|
|
|
|
CW1
|
20.61
|
148.39
|
16.49
|
741.96
|
30.92
|
41.22
|
CW2
|
21.53
|
155.02
|
17.22
|
775.08
|
32.30
|
43.06
|
CW3 (Non Trade)
|
22.43
|
161.50
|
17.94
|
807.48
|
33.65
|
44.86
|
CW3 (Trade)
|
23.21
|
167.11
|
18.57
|
835.56
|
34.82
|
46.42
|
CW4
|
24.36
|
175.39
|
19.49
|
876.96
|
36.54
|
48.72
|
CW5
|
25.50
|
183.60
|
20.40
|
918.00
|
38.25
|
51.00
|
CW6
|
26.66
|
191.95
|
21.33
|
959.76
|
39.99
|
53.32
|
CW7
|
27.83
|
200.38
|
22.26
|
1001.88
|
41.75
|
55.66
|
CW8
|
29.00
|
208.80
|
23.20
|
1044.00
|
43.50
|
58.00
|
Rates applicable from 1 March 2008
Classification
|
Per Hour
|
Per Day
|
0.8 RDO
|
Per 36
|
Time & a
|
Double
|
|
|
7.2 Hours
|
Accrual
|
Hours
|
Half
|
Time
|
|
|
|
|
|
|
|
CW1
|
20.99
|
151.13
|
16.79
|
755.64
|
31.49
|
41.98
|
CW2
|
21.93
|
157.90
|
17.54
|
789.48
|
32.90
|
43.86
|
CW3 (Non Trade)
|
22.85
|
164.52
|
18.28
|
822.60
|
34.28
|
45.70
|
CW3 (Trade)
|
23.64
|
170.21
|
18.91
|
851.04
|
35.46
|
47.28
|
CW4
|
24.81
|
178.63
|
19.85
|
893.16
|
37.22
|
49.62
|
CW5
|
25.97
|
186.98
|
20.78
|
934.92
|
38.96
|
51.94
|
CW6
|
27.15
|
195.48
|
21.72
|
977.40
|
40.73
|
54.30
|
CW7
|
28.35
|
204.12
|
22.68
|
1020.60
|
42.53
|
56.70
|
CW8
|
29.54
|
212.69
|
23.63
|
1063.44
|
44.31
|
59.08
|
The CW (2) rate will be
paid to a labourer on a daily basis where higher duties e.g., scaffolding,
hoist operator are being performed.
The CW3 (trade) rate
includes provision for payment of a tool allowance. The CW3 NT (non-trade) rate
does not include the provision.
APPENDIX
C
For Work within the Counties of Cumberland,
Camden and Northumberland and Tweed Shire - Byron Shire Local Council
Boundaries
Extra Benefits
and Provisions
Company Productivity
Allowance
The Company will pay a
company productivity allowance of $3.50 per hour for each hour worked. This allowance shall be paid in full weekly
for each hour worked. This allowance is
not paid to Employees when they leave site due to inclement weather.
Employees may agree
that this allowance be $1.50 per hour where the builder’s package is less than
$10 million and not applicable on projects where the builders package is less
than $5 million.
Where the host company
has a Union EBA the Company will pay Employees the applicable company
productivity allowance.
Where the host company
and/or the major builder/contractor has a pay arrangement with the company
productivity allowance included in the all purpose hourly rate of this
Agreement the Company will pay Employees $4.00 per hour worked. Such company’s
include Multiplex Constructions (NSW) Pty Ltd, Baulderstone Hornibrook
Construction Pty Ltd and Walter Construction Group Limited.
Where the Company
provides labour to a Scaffolding company who has a Union Enterprise Agreement
the productivity allowance shall be $4.50 per hour.
Where the Company
provides labour to a Pre-stressing company who has a Union Enterprise Agreement
or Grocon Constructors Pty Ltd the productivity allowance shall be $6.00 and
$6.50 respectively and shall incorporate any site allowance applicable to the
project on which the work is being performed.
This allowance will be
paid in full weekly for each hour worked. The allowance will not be paid when
Employees leave site due to inclement weather.
Provided that traffic
control duties will attract a company productivity allowance of $1.50 per hour
worked (this allowance is applicable regardless of the host company having or
not having a Union EBA).
Superannuation
Entitlement
The Company will contribute
$90.00 per week or 9% of ordinary time earnings (whichever is the greater) into
cbus. "Ordinary time earnings" means the actual ordinary rate of pay
the Employee receives for ordinary hours of work and includes an Employees
hourly rate, fares allowance, any applicable company productivity / site
allowance and any other allowances or loadings prescribed by the Parent Award.
In respect of any applicable company productivity site allowance the 9% will
apply for each 8 hours ordinary time worked Monday to Friday. This percentage
will increase if the Superannuation Guarantee rate is increased by legislation.
All other provisions of the Parent Award shall apply.
It is understood by the
parties that the Union reserves its right to pursue payment of additional
superannuation in project agreements. However the Union gives an undertaking
not to pursue claims in excess of 9% or the following amounts whichever is the
greater:
1 July 2004 -
$100.00 per week
1 July 2005 -
$110.00 per week
1 July 2007 - $120.00
per week
Redundancy Entitlement
The Company will
contribute $60.00 per week (or $12.00 per day Monday to Friday inclusive for
each day worked) into the Australian Construction Industry Redundancy Trust
(ACIRT). This contribution will
increase to $68.00 per week (or $13.60 per day) from 1 January 2007.
The level of redundancy
payable will be increased where the level payable by a host company to
Employees is higher than the provision of this Agreement. Where applicable the
redundancy is paid pro-rata.
To assist the Company
tendering and securing work on smaller projects (i.e., where the builder’s
package is less than $10 million) and where the host company does not have a
Union Enterprise Bargaining Agreement, Employees agree to a payment of $35.00
per week (or $7.00 per day Monday to Friday inclusive for each day worked).
This contribution will increase to $40.00 per week (or $8.00 per day) from 1
January 2007. In such circumstances the
Company will maintain appropriate records for verification. In the absence of records, the higher
provision is payable.
Once an Employee has
accrued 8 weeks pay in their ACIRT account they may elect to have their
redundancy contribution paid into Cbus.
A casual Employee in
receipt of the 25% casual loading as contained in clause 17 of this Agreement
has no redundancy entitlement.
Fares Allowance
The Company will pay a
fares allowance of $17.45 per day for each day worked (including RDO’s)
increasing to $25.00 per day for each day worked (including RDO’s) from 1 July
2005.
Additional Meal
Allowance Provision
In lieu of the Parent
Award meal allowance provision for overtime $15.00 shall be payable. This
allowance will also be in lieu of the first 20 minutes crib payable for
overtime Monday to Friday found in the Parent Award. This amount shall replace
the amount prescribed by the Parent Award and shall remain in force without
variation for the duration of the Award.
Inclement Weather
All Employees shall be available
to clean up and/or de-water relevant work areas as directed following inclement
weather where applicable.
Projects less than $10
million and Staged Projects
Where the builders
project value is less than $10 million the flexibility provided for in this
Award in respect of company productivity allowance and redundancy is subject to
agreement with Employees . In such circumstances the agreement and details of
the applicable project will be maintained by the Company. In the absence of records it will be assumed
the project/builder’s package was over $10 million.
This flexibility does
not apply on projects built in stages except by agreement of the Employees of
the Company and the written agreement of the Secretary of the Union or nominee.
Hoist Breakdown
The parties agree that
where the personnel hoist(s) provided on a project ceases to work or breaks
down, as a temporary measure Employees will be required to access their
relevant work areas with consideration to safe access, via stairs provided.
Under these circumstances, and in consultation with the site safety committee
and/or site Union delegate, Employees will be expected to access their relevant
work areas without unreasonable restriction
Industry/ Workers
Welfare
The Company will
contribute $2.00 per week per Employee to an administrator nominated by the
Building Trades Group (BTG) of Unions Drug & Alcohol/Safety Program, to
assist with the provision of drug & alcohol rehabilitation & treatment
services/safety programs for the building and construction industry.
APPENDIX C 1
Regional Work Only
Extra Benefits
and Provisions
Company Productivity Allowance
The Company will pay a
company productivity allowance of $2.00 per hour for each hour worked. This
allowance shall be paid in full weekly for each hour worked. This allowance is
not paid to Employees when they leave site due to inclement weather.
Employees may agree
that this allowance be $1.00 per hour where the builder’s package is less than $10
million and not applicable on projects where the builders package is less than
$5 million.
Where the host company
has a Union EBA the Company will pay Employees the applicable company
productivity allowance.
Where the host company
and/or the major builder/contractor has a pay arrangement with the company
productivity allowance included in the all purpose hourly rate of this
Agreement the Company will pay Employees $4.00 per hour worked. Such company’s
include Multiplex Constructions (NSW) Pty Ltd, Baulderstone Hornibrook
Construction Pty Ltd and Walter Construction Group Limited.
Where the Company
provides labour to a Scaffolding company who has a Union Enterprise Agreement
the productivity allowance shall be $4.50 per hour.
Where the Company provides
labour to a Pre-stressing company who has a Union Enterprise Agreement or
Grocon Constructors Pty Ltd the productivity allowance shall be $6.00 and $6.50
respectively and shall incorporate any site allowance applicable to the project
on which the work is being performed.
This allowance will be
paid in full weekly for each hour worked. The allowance will not be paid when
Employees leave site due to inclement weather.
Provided that traffic
control duties will attract a company productivity allowance of $1.50 per hour
worked (this allowance is applicable regardless of the host company having or
not having a Union EBA).
Superannuation
Entitlement
The Company will
contribute 9% of ordinary time earnings into cbus. "Ordinary time
earnings" means the actual ordinary rate of pay the Employee receives for
ordinary hours of work and includes an Employees hourly rate, fares allowance,
any applicable company productivity / site allowance and any other allowances
or loadings prescribed by the Award. In respect of any applicable company
productivity / site/regional EBA allowance the 9% will apply for each 8 hours
ordinary time worked Monday to Friday. This percentage will increase if the
Superannuation Guarantee rate is increased by legislation. All other provisions
of the Award shall apply.
Redundancy Entitlement
The Company will
contribute $30.00 per week (or $6.00 per day worked Monday to Friday) per
Employee into the Australian Construction Industry Redundancy Trust (ACIRT).
On projects where the
builder’s package is over $5 million the Company will contribute $40.00 per
week (or $8.00 per day worked Monday to Friday) per Employee into ACIRT.
Once an Employee has
accrued 8 weeks pay in their ACIRT account they may elect to have their
redundancy contribution paid into cbus.
Fares Allowance
The Company will pay a
fares allowance of $17.45 per day for each day worked (including RDO’s)
increasing to $20.00 per day for each day worked (including RDO’s) from 1 July
2005.
Additional Meal
Allowance Provision
In lieu of the Award
meal allowance provision for overtime $15.00 shall be payable. This allowance
will also be in lieu of the first 20 minutes crib payable for overtime found in
the Award. This amount shall replace the amount prescribed by the Award(s) and
shall remain in force without variation for the duration of the Agreement.
Inclement Weather
All Employees shall be
available to clean up and/or de-water relevant work areas as directed following
inclement weather where applicable.
Hoist Breakdown
The parties agree that
where the personnel hoist(s) provided on a project ceases to work or breaks
down, as a temporary measure Employees will be required to access their
relevant work areas with consideration to safe access, via stairs provided.
Under these circumstances, and in consultation with the site safety committee
and / or site Union delegate, Employees will be expected to access their
relevant work areas without unreasonable restriction. On projects in excess of
4 stories the Company is required to provide a man hoist.
APPENDIX
D
For Work within the Counties of Cumberland,
Camden and Northumberland and Tweed Shire - Byron Shire Local Council
Boundaries
Apprentices
The Company agrees to
maintain, an appropriate ratio of apprentices to tradespeople. This ratio will
not be less than 1 apprentice for each 5 tradespersons where practicable.
Any dispute in respect
of the application of this clause will be settled in accordance with Clause 18
of this Award without recourse to industrial action.
Apprentices shall be
paid wage rates in accordance with their relevant classification in the Parent
Award. Other allowances e.g. fares, tools etc will be paid as per the
provisions of the Parent Award.
It is recognised that
there may be a need to use a group apprenticeship company to engage
apprentices. In such circumstances there will be consultation and agreement
with the Consultative Committee of the Company and or with representatives of
the Employees of the Company.
All apprentices engaged
by the Company will also be entitled to the following additional benefits.
Company Productivity
Allowance
The Company will pay a
company productivity allowance of $2.50 per hour worked for 1st and 2nd year apprentices.
This allowance will increase to $3.00 per hour worked for 3rd and 4th year
apprentices. This allowance will be paid in full weekly for each hour worked.
Superannuation
The Company will
contribute monthly 9% of ordinary time earnings (greater if required by legislation) into cbus. "Ordinary
time earnings" means the actual ordinary rate of pay the Employee receives
for ordinary hours of work and includes an Employees hourly rate, fares
allowance, any applicable company productivity / site allowances and any other
allowances or loadings prescribed by the Parent Award. All other provisions of
the Parent Award shall apply.
Redundancy
The Company will
contribute weekly $25.00 for 1st and 2nd year apprentices and $35.00 for 3rd
and 4th year apprentices into the Australian Construction Industry Redundancy
Trust (ACIRT). If not already paid,
this level of contribution will apply from date of signature of this Award.
Project/Site Allowance
Where there is a
project/site agreement the applicable project/site allowance and any other
additional provisions (except redundancy and superannuation) shall apply to
apprentices. Where there is a site allowance payable it will be paid in full
weekly for each hour worked.
APPENDIX
D1
Regional Work Only
Apprentices
The Company agrees to
maintain, an appropriate ratio of apprentices to tradespeople. This ratio will not be less than 1
apprentice for each 5 tradespersons where practicable.
Any dispute in respect of
the application of this clause will be settled in accordance with Clause 18 of
this Agreement without recourse to industrial action.
Apprentices shall be paid
wage rates in accordance with their relevant classification in the Building and
Construction Industry (State) Award. Other allowances e.g. fares, tools etc
will be paid as per the provisions of the Award.
It is recognised that
there may be a need to use a group apprenticeship company to engage
apprentices. In such circumstances there will be consultation and agreement
with the Consultative Committee of the Company and or with representatives of
the Employees of the Company.
All apprentices engaged
by the Company will also be entitled to the following additional benefits.
Company Productivity
Allowance
The Company will pay a
company productivity allowance of $1.50 per hour worked for 1st and 2nd year
apprentices. This allowance will increase to $2.00 per hour worked for 3rd and
4th year apprentices. This allowance will be paid in full weekly for each hour
worked.
Superannuation
The Company will
contribute monthly 9% of ordinary time earnings (greater if required by
legislation) into cbus. "Ordinary time earnings" means the actual
ordinary rate of pay the Employee receives for ordinary hours of work and
includes an Employees hourly rate, fares allowance, any applicable company
productivity / site allowances and any other allowances or loadings prescribed
by the Award. All other provisions of the Award shall apply.
Redundancy
The Company will
contribute weekly $15.00 for 1st and 2nd year apprentices and $20.00 for 3rd
and 4th year apprentices into the Australian Construction Industry Redundancy
Trust (ACIRT). If not already paid,
this level of contribution will apply from date of signature of this Agreement.
Project/Site Allowance
Where there is a
project/site agreement the applicable project/site allowance and any other
additional provisions shall apply to apprentices. Where there is a site
allowance payable it will be paid in full weekly for each hour worked.
APPENDIX
E
Leisure Days and Public Holidays
Calendar 2005-2008
36 hour week accruals
Employees accrue 0.8 of an hour’s pay (48 minutes) for each day Monday to
Friday worked or paid leave i.e. sick leave, holiday leave, public holidays
etc. Employees do not accruetime while on an RDO. This accrual will be used for
payment of RDO’s and No Work Saturdays.Accruals to a maximum of 14.4 hours can
be paid on "No Work Saturdays".
Termination of employment
Upon termination, the
Company is required to pay Employees all unused RDO accruals.
Commencing employment
When commencing
employment Employees may not have enough RDO accruals to obtain full payment
for the next No Work paid Saturday therefore only partial payment may be made
from accruals.
No Work Saturday
On this calendar we have
made provision for No Work paid RDO Saturdays which are the Saturdays
coinciding with public holiday long weekends. Employees shall use their RDO
accruals to a maximum of 14.4 hours pay on a No Work RDO Saturday.
Paid RDO (fixed)
The (6) RDO’s adjacent to
public holidays are fixed i.e. there is a prohibition on work.
Paid RDO (flexible)
Employees may accrue
these RDO’s and take the RDO off when it is more convenient. These RDO’s are
not adjacent to the public holiday long weekends.
Leisure
Days and Public Holidays Calendar 2005
Monday
February 28
|
RDO
(flexible)
|
|
|
Friday
March 25
|
No
Work Public Holiday
|
Saturday
March 26
|
No
Work Saturday
|
Sunday
March 27
|
No
Work Sunday
|
Monday
March 28
|
No
Work Public Holiday
|
Tuesday
March 29
|
RDO
(fixed)
|
|
|
Friday
April 22
|
RDO
(fixed)
|
Saturday
April 23
|
No
Work Saturday
|
Sunday
April 24
|
No Work
Sunday
|
Monday
April 25
|
No
Work Public Holiday
|
|
|
Monday
May 23
|
RDO
(flexible)
|
|
|
Saturday
June 11
|
No
Work Saturday
|
Sunday
June 12
|
No
Work Sunday
|
Monday
June 13
|
No
Work Public Holiday
|
Tuesday
June 14
|
RDO
(fixed)
|
|
|
Monday
July 11
|
RDO
(flexible)
|
|
|
Monday
September 5
|
RDO
(flexible)
|
|
|
Saturday
October 1
|
No
Work Saturday
|
Sunday
October 2
|
No
Work Sunday
|
Monday
October 3
|
No
Work Public Holiday
|
Tuesday
October 4
|
RDO
(fixed)
|
|
|
Monday
October 24
|
RDO
(flexible)
|
|
|
Monday
November 21
|
RDO
(flexible)
|
|
|
Saturday
December 3
|
No
Work Saturday
|
Sunday
December 4
|
No
Work Sunday
|
Monday
December 5
|
No
Work Union Picnic Day
|
Tuesday
December 6
|
RDO
(fixed)
|
|
|
Friday
December 23
|
RDO
(fixed)
|
Monday
December 26
|
Public Holiday
|
Tuesday
December 27
|
Public Holiday
|
In addition to the RDO’s provided
for under the Award, workers under this Agreement accrue an additional 0.4
hours per ordinary day worked and paid leave which they can use for No Work
Saturdays (to a maximum 14.4 hours) and or additional agreed RDO’s.
Leisure Days and Public Holidays Calendar
2006
Monday
January 2
|
Public
Holiday
|
|
|
Thursday
January 26
|
No
Work Public Holiday
|
Friday
January 27
|
RDO
(fixed)
|
Saturday
January 28
|
No
Work Saturday
|
Sunday
January 29
|
No
Work Sunday
|
|
|
Monday
February 27
|
RDO
(flexible)
|
|
|
Monday
March 27
|
RDO
(flexible)
|
|
|
Friday
April 14
|
No
Work Public Holiday
|
Saturday
April 15
|
No
Work Saturday
|
Sunday
April 16
|
No
Work Sunday
|
Monday
April 17
|
No
Work Public Holiday
|
|
|
Saturday
April 22
|
No
Work Saturday
|
Sunday
April 23
|
No
Work Sunday
|
Monday
April 24
|
RDO
(fixed)
|
Tuesday
April 25
|
No
Work Public Holiday
|
|
|
Monday
May 22
|
RDO
(flexible)
|
|
|
Saturday
June 10
|
No
Work Saturday
|
Sunday
June 11
|
No
Work Sunday
|
Monday
June 12
|
No
Work Public Holiday
|
Tuesday
June 13
|
RDO
(fixed)
|
|
|
Monday
July 17
|
RDO
(flexible)
|
|
|
Monday
August 14
|
RDO
(Flexible)
|
|
|
Monday
September 11
|
RDO
(flexible)
|
|
|
Saturday
September 30
|
No
Work Saturday
|
Sunday
October 1
|
No
Work Sunday
|
Monday
October 2
|
No
Work Public Holiday
|
Tuesday
October 3
|
RDO
(fixed)
|
|
|
Monday
November 6
|
RDO
(flexible)
|
|
|
Saturday
December 2
|
No
Work Saturday
|
Sunday
December 3
|
No
Work Sunday
|
Monday
December 4
|
No
Work Union Picnic Day
|
Tuesday
December 5
|
RDO
(fixed)
|
|
|
Monday
December 25
|
Public Holiday
|
Tuesday
December 26
|
Public Holiday
|
|
|
Friday
29 December
|
RDO
(flexible)
|
In addition to the RDO’s
provided for under the Award, workers under this Agreement accrue an additional
0.4 hours per ordinary day worked and paid leave which they can use for No Work
Saturdays (to a maximum 14.4 hours) and or additional agreed RDO’s.
Leisure Days and Public Holidays Calendar
2007
Monday
January 01
|
Public Holiday
|
|
|
Friday
January 26
|
No
Work Public Holiday
|
Saturday
January 27
|
No
Work Saturday
|
Sunday
January 28
|
No
Work Sunday
|
Monday
January 29
|
RDO
(fixed)
|
|
|
Monday
February 26
|
RDO
(flexible)
|
|
|
Monday
March 26
|
RDO
(flexible)
|
|
|
Friday
April 6
|
No
Work Public Holiday
|
Saturday
April 7
|
No
Work Saturday
|
Sunday
April 8
|
No
Work Sunday
|
Monday
April 9
|
No
Work Public Holiday
|
Tuesday
April 10
|
RDO
(fixed)
|
|
|
Wednesday
April 25
|
Public Holiday
|
|
|
Monday
April 30
|
RDO
(flexible)
|
|
|
Monday
May 21
|
RDO
(flexible)
|
|
|
Saturday
June 9
|
No
Work Saturday
|
Sunday
June 10
|
No
Work Sunday
|
Monday
June 11
|
No
Work Public Holiday
|
Tuesday
June 12
|
RDO
(fixed)
|
|
|
Monday
July 16
|
RDO
(flexible)
|
|
|
Monday
August 13
|
RDO
(flexible)
|
|
|
Monday
September 10
|
RDO
(flexible)
|
|
|
Saturday
September 29
|
No
Work Saturday
|
Sunday
September 30
|
No
Work Sunday
|
Monday
October 1
|
No
Work Public Holiday
|
Tuesday
October 2
|
RDO
(fixed)
|
|
|
Monday
November 5
|
RDO
(flexible)
|
|
|
Saturday
December 1
|
No
Work Saturday
|
Sunday
December 2
|
No
Work Sunday
|
Monday
December 3
|
No
Work Union Picnic Day
|
Tuesday
December 4
|
RDO
(fixed)
|
|
|
Tuesday
December 25
|
Public Holiday
|
Wednesday
December 26
|
Public Holiday
|
In addition to the RDO’s
provided for under the Award, workers under this Agreement accrue an additional
0.4 hours per ordinary day worked and paid leave which they can use for No Work
Saturdays (to a maximum 14.4 hours) and or additional agreed RDO’s.
Leisure Days and Public Holidays Calendar
2008
Tuesday
January 01
|
Public Holiday
|
|
|
Saturday
January 26
|
No
Work Saturday
|
Sunday
January 27
|
No
Work Sunday
|
Monday
January 28
|
No
Work Public Holiday
|
Tuesday
January 29
|
RDO
(fixed)
|
|
|
Monday
February 25
|
RDO
(flexible)
|
|
|
Friday
March 21
|
No
Work Public Holiday
|
Saturday
March 22
|
No
Work Saturday
|
Sunday
March 23
|
No
Work Sunday
|
Monday
March 24
|
No
Work Public Holiday
|
Tuesday
March 25
|
RDO
(fixed)
|
|
|
Thursday
April 24
|
RDO
(fixed)
|
|
|
Friday
April 25
|
No
Work Public Holiday
|
Saturday
April 26
|
No
Work Saturday
|
Sunday
April 27
|
No
Work Sunday
|
|
|
Monday
May 26
|
RDO
(flexible)
|
|
|
Saturday
June 7
|
No
Work Saturday
|
Sunday
June 8
|
No
Work Sunday
|
Monday
June 9
|
No
Work Public Holiday
|
Tuesday
June 10
|
RDO
(fixed)
|
|
|
Monday
July 21
|
RDO
(flexible)
|
|
|
Monday
August 18
|
RDO
(flexible)
|
|
|
Monday
September 15
|
RDO
(flexible)
|
|
|
Saturday
October 4
|
No
Work Saturday
|
Sunday
October 5
|
No
Work Sunday
|
Monday
October 6
|
No
Work Public Holiday
|
Tuesday
October 7
|
RDO
(fixed)
|
|
|
Monday
November 10
|
RDO
(flexible)
|
|
|
Saturday
November 29
|
No
Work Saturday
|
Sunday
November 30
|
No
Work Sunday
|
Monday
December 1
|
No
Work Union Picnic Day
|
Tuesday
December 2
|
RDO
(fixed)
|
|
|
Thursday
December 25
|
Public
Holiday
|
Friday
December 26
|
Public
Holiday
|
Wednesday
December 31
|
RDO
(flexible)
|
In addition to the RDO’s
provided for under the Award, workers under this Agreement accrue an additional
0.4 hours per ordinary day worked and paid leave which they can use for No Work
Saturdays (to a maximum 14.4 hours) and or additional agreed RDO’s.
APPENDIX F
Counselling and Disciplinary
Procedures/Termination of Employment
Counselling and
Disciplinary Procedures
This procedure applies
in respect of Employees at the conclusion of their probationary period. Upon
commencement of employment an Employee will be advised of the following
procedure. The procedure will apply in all cases where formal counselling and
disciplinary action is necessary.
Performance/General
Misconduct
In the event that an
Employee fails to maintain satisfactory performance levels in the case of
general misconduct (e.g., lateness for work), the following counselling
procedure will be applied. An Employee
may elect at any step to have a Union delegate present.
Step 1 - Verbal Warning/Counselling
The Company shall have
a discussion with the Employee in which it will advise him/her of the problems that
it believes exist. The Employee will
then have the opportunity to respond to the allegations. If appropriate the
Company will then:
Remind the
Employee of the procedures;
Issue a verbal
first warning;
Advise the
Employee of the standards of improvement required
Step 2 - First Written
Warning/Improved Performance
If the Employee fails
to meet the standards of improvement in accordance with Step 1 within a
reasonable period of time, the Company shall have a further discussion with the
Employee in which it will advise him / her of the problems that it believes
exist. The Employee will then have the opportunity to respond to the
allegations. If appropriate the Company will then issue a written warning
detailing:
The issues of
concern;
The standards of
improvement required
At the request of the
Employee, copies of any written warnings will be given to the Company Union
delegate or area Union Organiser.
Step 3 - Final Written
Warning/Improved Performance
If the Employee fails
to meet the standards of improvement in accordance with Step 2 within a
reasonable period of time, the Company shall have a further discussion with the
Employee in which it will advise him/her of the problems that it believes
exist. The Employee will then have the
opportunity to respond to the allegations.
If appropriate the Company will then issue a final written warning
detailing:
The issues of
concern;
The standards of
improvement required;
That it is a final
written warning and that failure to meet the standards of improvement stated
therein will lead to dismissal
The relevant Employee
being counselled will be requested to sign a copy of the written warnings
referred to in Step 2 and Step 3 of this clause.
Revocation of Warning
If an Employee does not
repeat the same offence which produced the need for the final warning, within 3
months of the warning, the final warning advice becomes null and void and
cannot be considered grounds for termination.
Step 4 - Dismissal
If after receiving a
final warning, the Employee repeats the same conduct within a period of 3
months, then the Employee may be terminated
If the Employee fails
to meet agreed standards of improvement in accordance with Step 3 within a
reasonable period of time, the Company shall have a further discussion with the
Employee in which it will advise him/her of the problems that it believes
exist. The Employee will have the opportunity to respond to the allegations. If
appropriate the Company may then issue a written notice of dismissal in accordance
with this Award detailing the reasons for the dismissal
Serious and Wilful
Misconduct
In the case of serious
and wilful misconduct (e.g. theft, assault), the following procedure will be
followed:
The Company shall have
a discussion with the Employee in which it will advise him/her of the alleged
serious and wilful misconduct. The Employee shall be entitled to have a Union
delegate/Organiser in attendance and will have the opportunity to respond to
the allegation. If appropriate the
Company may then issue a written notice of dismissal detailing the reasons for
the dismissal.
Failure to Apply
Procedure
Any dismissal that is
made without following the procedure set out above shall be deemed to be unfair
and upon request from the Union the Employee shall be immediately reinstated
and all lost wages paid.
APPENDIX G
Authority to obtain
details of work rights from DIMIA
EMPLOYEE DETAILS
|
EMPLOYER/LABOUR
SUPPLIER DETAILS
|
|
|
As specified in
passport or other identity document)
|
Business Name:
|
|
|
Family Name:
|
|
|
Business Street
Address
|
Given Name(s):
|
|
|
|
Other Name(s) used
(e.g. maiden name):
|
Type of Business
|
|
|
Date of Birth: _____
/ _____ / _____
|
|
|
Name of Contact
Person:
|
Nationality:
_____________________________
|
|
|
|
Passport Number:
________________________
|
Telephone:
|
|
|
Visa Number:
___________________________
|
Fax:
|
|
|
Visa Expiry Date:
_____ / _____ / _____
|
|
|
|
I authorise the Department
of Immigration and
|
Note that the
employee’s work rights status will
|
Multicultural and
Indigenous Affairs (DIMIA) to
|
be sent directly to
the fax number given above.
|
release the details
of my work rights status (that is,
|
Please ensure that
this number is correct
|
my entitlement to
work legally in Australia) to the
|
|
named employer /
labour supplier.
|
|
|
THE COMPLETED FORM
SHOULD BE
|
I understand that
these details are held by DIMIA on
|
FAXED TO 1800 505 550
|
departmental files
and computer systems. I also
|
|
understand that the
employer / labour supplier will use
|
IF ALL DETAILS MATCH
WITH OUR
|
this information for
the purposes of establishing my
|
RECORDS, THE
EMPLOYEE'S WORK
|
legal entitlement to
work in Australia, and for no
|
RIGHTS STATUS WILL BE
FAXED TO YOU
|
other purpose.
|
WITHIN ONE WORKING
DAY.
|
|
|
Employee Signature:
|
|
|
|
Date: _____ / _____ /
_____
|
|
|
|
J.
P. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.