CFMEU
Enterprise Award expiring 1 October 2011
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Review of Award
pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 731 of 2008)
|
Before Commissioner Tabbaa
|
20 August 2008
|
REVIEWED AWARD
1. Title
2. Definitions
3. Parties And Persons Bound
4. Relationship To Parent Award
5. Duration Of The Award
6. No Extra Claims
7. Union Consultative Committee
8. Objectives
9. Wage Rates/Remuneration
10. Terms Of Employment
11. Payment Of Wages
12. Training And Related Matters
13. Annual Leave
14. Dispute Settlement Procedures
15. Occupational Health And Safety
16. Union Drug And Alcohol Policy
17. Hours Of Work / Rostered Days Off/Overtime
18. Officer Awareness
19. No Disadvantage
20. Long Service Leave
21. Picnic Day
22. Sick Leave
23. Time Off In Lieu Of Unpaid Overtime
24. Clothing And Footwear Allowance
25. Living Away From Home
26. Overtime Meal Allowance
27. Fares Allowance
28. Maternity Leave
29. Counselling And Disciplinary Procedures
30. Discrimination And Sexual Harassment
31. Preservation Of Employee Entitlements
32. Declaration
Appendix A
Weekly Wages and
Increases
APPENDIX B
Counselling and
Disciplinary Procedures/Termination of Employment
APPENDIX C
Discrimination &
Sexual Harassment
(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.
(c) Reasonable time limits must be allowed for
discussion at each level of authority.
(d) At the conclusion of the discussion, the
Union must provide a response to the grievance; if the matter has not been
resolved, including reasons for not implementing any proposed remedy.
Unresolved matters may
be formally submitted to the Union’s Committee of Management, that body’s
decision being accepted as the full and final resolution of the matter.
Individual rights to the process of legal appeal are not affected.
15. Occupational Health and Safety
All occupational health
and safety issues will be resolved in strict accordance with the relevant
legislation.
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 Officer(s) 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 Executive
Officer. He / she shall organise to have the problem rectified and the
Officer(s) relocated to safe work areas whilst rectification work is being
carried out.
Should a disagreement
arise over a safety issue, immediate inspection of the area involving both the
Union and the site safety representative shall take place.
Provided that any
disagreements between the Union and the Site Safety Representative(s) shall be
determined by the recommendation of a WorkCover NSW Inspector.
The Union will ensure
all appropriate Officers complete the WorkCover accredited Occupational Health
and Safety Induction Course.
Nothing in this clause
is to be construed to imply that an Officer does not carry out safety
inspections during the course of their work.
16. Union Drug and Alcohol Policy
Under no circumstances
will any Officer affected by alcohol and / or affected by any other drug be
permitted to work.
If an Officer 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.
17. Hours of Work / Rostered Days Off/Overtime
17.1 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 Union whilst also giving Officers greater
flexibility in organising their rostered days off (RDO’s).
Work will be
performed between 7.00 am and 5.00 pm. Where agreement is reached with the
relevant Officer a different start and finish time may apply.
All Officers
employed under the terms prescribed herein shall be encouraged to work extra
voluntary hours in special circumstances such as campaigns, accidents,
emergencies etc, so as to ensure maximum service to membership.
17.2 Rostered
Days Off
(a) The ordinary working hours shall be worked
in a 19 day cycle, Monday to Friday inclusive, with a day accruing as a paid
rostered day off (RDO). The accrual applies on all ordinary days worked (except
RDO’s and Saturdays) and paid leave. A rostered day off shall be taken as
provided below and travelling allowance for those Officers in receipt of such
allowance shall be paid.
(b) RDO’s may be banked each calendar year.
These RDO’s may be taken as a group of consecutive days or any other
combination as may be agreed.
(c) Officers will be paid all unpaid RDO
accruals on termination.
17.3 Overtime
The wages paid in
accordance with Appendix A are aggregated therefore overtime and/or any other
hourly payment is not made in respect to additional hours unless specifically
mentioned elsewhere in this Award.
18. Officer Awareness
All current Officers
will be given a copy of this Enterprise Award, along with all future Officers
upon commencement.
19. No Disadvantage
Arising from the
implementation of this Award, no Officers will suffer a disadvantage in respect
of rates of pay and conditions of employment.
20. Long Service Leave
For each ten (10) years
of continuous service an Officer shall receive an entitlement to thirteen (13)
weeks long service leave.
After five (5) years of
continuous service as an Officer, upon termination of employment for any reason
other than as a result of substantial breach of the rules, gross misconduct,
gross neglect of duty, misappropriation of funds, the Officer shall receive a
pro rata payment.
A loading on long
service leave entitlements may be paid at the discretion of the Committee Of
Management. Any discretionary loading is made in recognition that Officers are
required to attend to matters affecting the Unions membership where reasonable
and unless practicable during periods of long service leave. Further, it is
recognised that long service leave is not always available at the time the
Officer desires due to the needs of the membership.
In the event of death,
long service leave entitlements shall be paid to the estate of the Officer, to
be distributed in accordance with law.
21. Picnic Day
Picnic day is the first
Monday of December each year and Officers are requested to work on this day but
are entitled to a day in lieu thereof, However; should an Officer elect not to
take the day off in lieu they shall receive an additional days pay at the
normal rate of pay.
22. Sick Leave
All Officers shall be
entitled to twenty (20) accrued sick leave days per year of service.
On the first day of the
calendar month after commencement 1.66 days shall be accrued to an Officer and
a further 1.66 days shall be accrued on the first day of each calendar month
thereafter to a maximum of 220 days.
A doctor’s certificate
shall be required for more than two (2) consecutive days of sick leave or where
there are excessive sick leave absences as determined by the President in order
to be paid.
23. Time Off in Lieu of Unpaid Overtime
Officers working the
hours of this Award shall be allowed an additional five (5) ordinary working
days off work with pay immediately following the Christmas close down period as
determined from time to time.
However, an Officer may
elect to have such days deducted from his/her annual leave entitlement. If such
an election is made the Officer shall receive in addition to the annual leave
entitlement, a further five (days) paid at the normal rate of pay. An Officer commencing work after 1st January
each year or having leave without pay during the year will receive this
entitlement pro-rata. This entitlement is only payable where an Officer has
undertaken unpaid work during the year.
Should an Officer be
required to work on a Saturday or a public holiday of a long weekend, other
than the Christmas and/or New Years day long weekend, they shall receive a day
in lieu for each day worked.
24. Clothing and Footwear Allowance
In order to reimburse
for expenses associated with safety clothing, footwear and other safety apparel
including the laundering thereof each Officer shall be paid an annual allowance
in accordance with Appendix A of this Award in advance on 1 July each year. An
Officer terminating after this date each year will have only a pro-rata
entitlement with the period not worked deducted from termination pay.
This allowance is in
recognition that Officers need not only to provide and launder safety clothing
and other safety apparel but are required to purchase other clothing to
professionally represent the Union at industry functions and various industrial
tribunals etc.
25. Living Away from Home
It is recognised that
Officers may be required to work in regional areas to service the membership.
Reimbursement for
accommodation, and agreed incidental expenses while on organising trips away
from home will not be made to an Officer unless receipts and/or documentation,
including a report which is submitted to the appropriate Executive Officer of the
Union.
A payment of $52.62
shall be made for each night away. Where breakfast is included in the
accommodation cost, the payment shall be $39.55. Where the evening meal is paid
by the Union there is no entitlement. Where an Officer is required to live away
from home, and this is verified, and the Union does not incur an accommodation
expense, the allowance shall be $79.13 per night.
These payments are to
be increased 1 July each year in line with movements in the Consumer Price
Index.
In special circumstances,
e.g. overseas, interstate duties, a higher reimbursement to meet
accommodation/meal expenses incurred may be authorised by the President of the
Union or nominee.
26. Overtime Meal Allowance
An overtime meal
allowance of $21.90 or such other amount as may be determined from time to time
by the Australian Taxation Office as being an amount which is less then the
taxable amount permitted. It shall be paid for each day when an Officer is
required to work for at least one and a half (1 ½) hours after working eight
(8) hours. The value of this allowance may be reviewed from time to time by the
parties and amended following agreement.
27. Fares Allowance
Officers who are not
allocated a motor vehicle by the Union shall from 1 March 2008 be paid a fares
and travelling allowance, in accordance with Appendix A of this Award, per week
worked including RDO’s, annual leave, long service leave and bereavement leave,
provided that absence from work due to illness etc. within a calendar year
exceeding 20 days this allowance shall not be made during such absence. This
payment is made for travel patterns which are peculiar to the industry which
includes mobility requirements.
28.
Maternity Leave
Additional Maternity
Leave Provisions
(a) Where a female Officer is eligible for
maternity leave under the Parental Leave clause of the Award, she may also be
entitled to be paid up to a maximum of six (6) weeks pay at the ordinary rate
including increments where applicable, provided that:
i. the Officer has completed 18 months continuous paid service
with the Union.
ii. the Officer resumes work in a full time
capacity for a continuous period of not less than six (6) months on the
completion of maternity leave.
(b) Paid maternity leave is for the period
immediately prior to and/or after the birth of the child.
(c) The six (6) weeks of paid maternity leave
counts as service for accrual purposes.
(d) Female Officers eligible for paid
maternity leave shall discuss with the President of the Union or nominee their
return to work plan prior to commencing maternity leave and prior to returning
to work from maternity leave.
29. Counselling and Disciplinary Procedures
The Union recognises
the importance of clear and understood counselling and disciplinary procedures.
Attached hereto as Appendix B of this Award is the procedures adopted by the
Union and agreed with by the Officers.
30. Discrimination and Sexual Harassment
See Appendix C.
31. Preservation of Employee Entitlements
The Union may utilise a
fund to meet all or some of the entitlements to Annual Leave, Long Service
Leave and Redundancy. Where the Union utilises such a fund payments made by a
fund designed to meet the Unions liabilities under this clause to Employees
eligible for redundancy or other entitlements shall be set off against the
liability of the Union under this clause, and the Employee shall receive the
fund payment or the benefit under the other provisions of this Award whichever
is the greater, but not both.
32. Declaration
The parties declare
that this Enterprise Award:
• is not contrary to the public interest;
• was not entered into under duress;
• is not unfair, harsh or unconscionable.
• is in the interests of the parties.
APPENDIX
A
WAGES
The President of the
Union or nominee shall have the discretion to commence a new starter on the
Officer Level 1 or Officer Level 2 rate, rather than the ‘new entrant rate’.
This discretion shall be exercised on the basis of the following criteria.
(a) Industry experience/knowledge.
(b) CFMEU (Construction and General Division)
service.
(c) Other union experience/knowledge.
(d) Formal qualifications.
(e) Age maturity.
(f) Any other matters that have significant
impact on performance and capacity.
Wages shall be paid by
electronic funds transfer. The wage paid to Officers of the Union will be in
accordance with the following schedule
Weekly Wages and
Increases
|
Classification
|
3/3/2008
|
1/10/2008
|
1/3/2009
|
1/10/2009
|
1/3/2010
|
1/10/2010
|
1/3/2011
|
|
New Entrant
|
$971.93
|
$996.23
|
$1,021.13
|
$1,046.66
|
$1,072.83
|
$1,099.65
|
$1,127.14
|
|
Officer Level 1
|
$1,113.26
|
$1,141.09
|
$1,169.62
|
$1,198.86
|
$1,228.83
|
$1,259.55
|
$1,291.04
|
|
Officer Level 2
|
$1,149.44
|
$1,178.18
|
$1,207.63
|
$1,237.82
|
$1,268.77
|
$1,300.49
|
$1,333.00
|
|
Co-ordinator
|
$1,193.99
|
$1,223.84
|
$1,254.44
|
$1,285.80
|
$1,317.94
|
$1,350.89
|
$1,384.66
|
|
President &
|
$1,282.90
|
$1,314.97
|
$1,347.85
|
$1,381.54
|
$1,416.08
|
$1,451.48
|
$1,487.77
|
|
Assistant
|
|
|
|
|
|
|
|
|
Secretary
|
|
|
|
|
|
|
|
|
Secretary
|
$1,378.58
|
$1,413.04
|
$1,448.37
|
$1,484.58
|
$1,521.69
|
$1,559.74
|
$1,598.73
|
Branch Service Increments
|
Years of
|
3/3/2008
|
1/10/2008
|
1/3/2009
|
1/10/2009
|
1/3/2010
|
1/10/2010
|
1/3/2011
|
|
Service
|
|
|
|
|
|
|
|
|
2 Years
|
$8.18
|
$8.39
|
$8.60
|
$8.81
|
$9.03
|
$9.26
|
$9.49
|
|
3 Years
|
$16.43
|
$16.84
|
$17.26
|
$17.69
|
$18.13
|
$18.59
|
$19.05
|
|
5 Years
|
$32.92
|
$33.74
|
$34.59
|
$35.45
|
$36.34
|
$37.24
|
$38.18
|
|
7.5 Years
|
$49.41
|
$50.64
|
$51.91
|
$53.21
|
$54.54
|
$55.90
|
$57.30
|
|
10 Years
|
$65.78
|
$67.42
|
$69.11
|
$70.83
|
$72.60
|
$74.42
|
$76.28
|
|
15 Years
|
$82.27
|
$84.32
|
$86.43
|
$88.59
|
$90.81
|
$93.08
|
$95.40
|
|
20 Years
|
$98.72
|
$101.19
|
$103.72
|
$106.31
|
$108.97
|
$111.69
|
$114.48
|
These increments for
service apply for service with the Union. However, the President of the Union
or nominee may exercise discretion as to whether service with another division
branch should be recognised in determining any applicable increment for service
for a new Officer.
ACIRT Weekly
Contributions
|
Years of
|
3/3/2008
|
1/10/2008
|
1/3/2009
|
1/10/2009
|
1/3/2010
|
1/10/2010
|
1/3/2011
|
|
Service
|
|
|
|
|
|
|
|
|
New
Entrant
|
$68.00
|
$68.00
|
$75.00
|
$75.00
|
$75.00
|
$75.00
|
$75.00
|
|
(2yrs
or less)
|
|
|
|
|
|
|
|
|
Organiser
level 1
|
$70.69
|
$72.46
|
$74.27
|
$76.13
|
$78.03
|
$79.98
|
$81.98
|
|
Organiser
level 2
|
$72.99
|
$74.81
|
$76.68
|
$78.60
|
$80.57
|
$82.58
|
$84.65
|
|
2
Years
|
$73.51
|
$75.35
|
$77.23
|
$79.16
|
$81.14
|
$83.17
|
$85.25
|
|
3
Years
|
$74.03
|
$75.88
|
$77.78
|
$79.73
|
$81.72
|
$83.76
|
$85.86
|
|
5
Years
|
$75.08
|
$76.96
|
$78.88
|
$80.85
|
$82.87
|
$84.95
|
$87.07
|
|
7.5
Years
|
$76.13
|
$78.03
|
$79.98
|
$81.98
|
$84.03
|
$86.13
|
$88.28
|
|
10
Years
|
$77.17
|
$79.10
|
$81.07
|
$83.10
|
$85.18
|
$87.31
|
$89.49
|
|
15
Years
|
$78.21
|
$80.17
|
$82.17
|
$84.23
|
$86.33
|
$88.49
|
$90.70
|
|
20
Years
|
$79.26
|
$81.24
|
$83.27
|
$85.35
|
$87.49
|
$89.67
|
$91.92
|
|
|
|
|
|
|
|
|
|
|
Co-ordinator
|
$75.82
|
$77.71
|
$79.66
|
$81.65
|
$83.69
|
$85.78
|
$87.93
|
|
2
Years
|
$76.34
|
$78.25
|
$80.20
|
$82.21
|
$84.26
|
$86.37
|
$88.53
|
|
3
Years
|
$76.86
|
$78.78
|
$80.75
|
$82.77
|
$84.84
|
$86.96
|
$89.14
|
|
5
Years
|
$77.91
|
$79.86
|
$81.85
|
$83.90
|
$86.00
|
$88.15
|
$90.35
|
|
7.5
Years
|
$78.96
|
$80.93
|
$82.95
|
$85.03
|
$87.15
|
$89.33
|
$91.56
|
|
10
Years
|
$80.00
|
$81.99
|
$84.04
|
$86.15
|
$88.30
|
$90.51
|
$92.77
|
|
15
Years
|
$81.04
|
$83.07
|
$85.14
|
$87.27
|
$89.46
|
$91.69
|
$93.98
|
|
20
Years
|
$82.09
|
$84.14
|
$86.24
|
$88.40
|
$90.61
|
$92.87
|
$95.20
|
|
|
|
|
|
|
|
|
|
|
President
&
|
|
|
|
|
|
|
|
|
Assistant
Secretary
|
|
|
|
|
|
|
|
|
10
Years
|
$85.64
|
$87.78
|
$89.98
|
$92.23
|
$94.53
|
$96.89
|
$99.32
|
|
15
Years
|
$86.69
|
$88.86
|
$91.08
|
$93.35
|
$95.69
|
$98.08
|
$100.53
|
|
20
Years
|
$87.73
|
$89.93
|
$92.17
|
$94.48
|
$96.84
|
$99.26
|
$101.74
|
|
|
|
|
|
|
|
|
|
|
Secretary
|
|
|
|
|
|
|
|
|
20
Years
|
$93.81
|
$96.15
|
$98.56
|
$101.02
|
$103.55
|
$106.14
|
$108.79
|
Fares and Travelling Allowance
|
|
3/3/2008
|
1/10/2008
|
1/3/2009
|
1/10/2009
|
1/3/2010
|
1/10/2010
|
1/3/2011
|
|
|
|
|
|
|
|
|
|
|
Travel
per
|
|
|
|
|
|
|
|
|
Day
|
$27.30
|
$27.98
|
$28.68
|
$29.40
|
$30.13
|
$30.89
|
$31.66
|
Clothing and Footwear
Allowance
|
1/7/2008
|
1/7/2009
|
1/7/2010
|
1/7/2011
|
|
$756.00
|
$774.90
|
$794.27
|
$814.13
|
APPENDIX B
Counselling and
Disciplinary Procedures/Termination of Employment
Counselling and
Disciplinary Procedures
Upon commencement of
employment an Officer 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
Officer fails to maintain satisfactory performance levels in the case of general
misconduct (e.g., lateness for work), the following counselling procedure will
be consistently applied.
Step 1 - Verbal Warning
/ Counselling
The State Secretary
and/or President or their nominee shall have a discussion with the Officer in
which it will advise him / her of the problems that it believes exist. The
Officer will then have the opportunity to respond to the allegations. If
appropriate the Union will then:
• Remind the Officer of the procedures;
• Issue a verbal first warning;
• Advise the Officer of the standards of
improvement required
• A note of this warning will be
maintained on file
Step 2 - First Written
Warning / Improved Performance
If the Officer fails to
meet the standards of improvement in accordance with Step 1 within a reasonable
period of time, the State Secretary and/or President or their nominee shall
have a further discussion with the Officer in which it will advise him / her of
the problems that it believes exist. The Officer will then have the opportunity
to respond to the allegations. If appropriate the Union will then issue a
written warning detailing:
• The issues of concern;
• The standards of improvement required
Step 3 - Final Written
Warning / Improved Performance
If the Officer fails to
meet the standards of improvement in accordance with Step 2 within a reasonable
period of time, the State Secretary and/or President or their nominee shall
have a further discussion with the Officer and will advise him / her of the
problems that is believe to exist. The Officer will then have the opportunity
to respond to the allegations. If appropriate the Union 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 Officer
being counselled will be requested to sign a copy of the written warnings
referred to in Step 2 and Step 3 of this clause.
Step 4 - Dismissal
If after receiving a
final warning, the Officer repeats the same conduct within a reasonable period,
then the Officer may be terminated
If the Officer fails to
meet agreed standards of improvement in accordance with Step 3 within a
reasonable period of time, the Union shall have a further discussion with the
Officer in which it will advise him / her of the problems that it believes
exist. The Officer will have the opportunity to respond to the allegations. If
appropriate the Union may then issue a written notice of dismissal in
accordance with this Award detailing the reasons for the dismissal
At all stages during
this process the Officer has the right to involve a representative of their
industrial organization in accordance with section 14 (3) of Industrial Relations
Act 1996.
Serious and Wilful
Misconduct
In the case of serious
and wilful misconduct, the following procedure will be followed:
The Secretary and/or
President shall have a discussion with the Officer in which it will advise him
/ her of the alleged serious and wilful misconduct. The Officer will have the
opportunity to respond to the allegation. If appropriate the Union may then
issue a written notice of dismissal detailing the reasons for the dismissal.
APPENDIX
C
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 Union 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 Union 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 Union 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 Union 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 Executive
Officers of the Union.
I.
TABBAA, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.