TOMAGO ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD
2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Australian
Industry Group, New South Wales Branch, an industrial organisation of employers.
(No. IRC 2355 of 2002)
Before the Honourable
Mr Deputy President Harrison
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6 and 16 May 2002
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AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Preamble
3. Parties
to Consent Award
4. Definitions
and Interpretation
5. Wages
6. Application
and Scope of Consent Award
7. No Extra
Claims
8. No
Reduction Clause
9. Duration
of Consent Award
10. Contract
of Employment
11. On Site
Register
12. Induction
13. Site
Practices
14. Hours
15. Shift Work
16. Rest
Period, Meal Allowances and Crib Time
17. Overtime
and Special Work
18. Weekend
Work
19. Public
Holidays
20. Sick Leave
21. Parental
Leave
22. Carer’s
Leave
23. Bereavement
Leave
24. Anti-Discrimination
25. Annual
Leave Payment and Annual Leave Loading
26. Superannuation
27. Inclement
Weather
28. Caravan
Allowance
29. Living
Away - Distant Work
30. Safety
31. First Aid
32. Occupational
Health and Safety
33. Workers'
Compensation
34. Fitness
for Duty Policy
35. Top-Up/24
Hour Income Protection Insurance
36. Rehabilitation
37. Amenities
38. Plant and
Equipment
39. Union
Membership
40. Shop
Steward/Delegates
41. Shop
Stewards Meeting
42. Meetings
of Employees
43. Joint
Monthly Meeting
44. Settlement
of Disputes
45. Community
Standards
46. Temporary Electrical
Installation
47. Testing
Electrical Equipment
48. Entry to
and Movement Within Construction Site
49. Termination
Pay
50. Consent
Award Not to be Used as Precedent
51. TAC-Construction
Hand-Over - TAC Acceptance
Appendix 1 - Travel and/Or Living Away from Home
Declaration
Appendix 2 - Sites Rules
Appendix 3 - Interface Agreements
Appendix 4 - Authority to Obtain from DIMA Details of
Immigration Status
Appendix 5 - Building Trades Group of Unions Drug and
Alcohol Safety Rehabilitation Program
1. Title
This consent award shall be known as the Tomago Aluminium
Smelter AP22 Capacity Expansion Project Consent Award 2002
2. Preamble
The parties have mutually agreed that wages and conditions
of workers engaged on construction work as specified above shall be set out
herein and that this agreement shall be embodied in this consent award.
The parties are committed to the engagement of employees on
a weekly basis and accordingly the use of casual employees and/or supplementary
labour employees is to be kept to a minimum.
It is recognised by all parties from time to time that
unions may be directed to involve their members in national, state wide or
industry sector campaigns. Any such
involvement to the extent that it breaches the award will not void this consent
award, provided that the dispute resolution procedure prescribed in clause 44,
Settlement of Disputes, including referral of any disputes to the Industrial
Relations Commission, is adhered to by all parties. The parties are committed to resolving all disputes, including
demarcation disputes, in accordance with the procedures set out under this
consent award.
3. Parties to the
Award
The parties bound by this award are:
(a) The Australian
Industry Group, New South Wales Branch, on behalf of all contractors engaged on
work which falls within the application and scope of this consent award.
(b) All employees
of contractors engaged on work which falls within the application and scope of
this consent award, whether members of the organisations listed in subclause
(c) of this clause or not.
(c) The
organisations which represent the employees defined in subclause (b), namely:
(i) The Labor
Council of New South Wales
(ii) The Newcastle
Trades Hall Council
(iii) The
Australian Workers' Union, New South Wales
(iv) The
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union,
New South Wales Branch
(v) The
Construction, Forestry, Mining and Energy Union (New South Wales Branch)
(vi) The Electrical
Trades Union of Australia, New South Wales Branch
(vii) The New South
Wales Plumbers and Gasfitters Employees’ Union
(viii) The Transport
Workers’ Union of Australia, New South Wales Branch.
4. Definitions and
Interpretation
In this consent award, except where the context otherwise
requires:
(a) "Contractor"
means any contractor, subcontractor or supplementary labour provider engaged on
the site.
(b) "Construction
Work" means work directly related to the construction and expansion in
respect of the AP22 Capacity Expansion Project and/or any other work that is
contracted to TAC-Construction by Tomago Aluminium Company Pty Limited during
the life of this award.
(c) "TAC'
means Tomago Aluminium Company Pty Limited.
(d) "Site"
means that area known as the Tomago Aluminium Smelter AP22 Capacity Expansion
Project Construction Site and in other areas of the existing plant where work
is directly associated with construction and expansion in respect of the AP22
Capacity Expansion Project at the smelter and is work contracted to
TAC-Construction by TAC.
(e) "TAC-Construction"
means the Project Manager or its representatives.
(f) "Unions"
and/or "Affiliated Unions" means unions affiliated with the Labor
Council of New South Wales and/or the Newcastle Trades Hall Council as listed
in subclause (c) of clause 3, Parties to Consent Award.
(g) "Peak
Union Councils" means the Labor Council of New South Wales and the
Newcastle Trades Hall Council.
(h) "AIG"
means The Australian Industry Group, New South Wales Branch.
(i) "Employer"
means any contractor or subcontractor, including a supplier of supplementary
labour engaged on the site.
(j) "Employee"
means an employee of a contractor or subcontractor, including a supplementary
labour hire employee, engaged on the site and in receipt of the rates of pay
and conditions of this consent award.
(k) Words
importing the singular number shall include the plural number and words
importing the plural number shall include the singular number.
(l) Words
importing the masculine gender only shall include the feminine and neuter
genders.
(m) Words importing
persons shall include bodies corporate and trusts and words importing bodies
corporate shall include natural persons.
(n) References to
any statutory/award enactment shall include the same as amended and modified
and any enactment repealing or replacing the same, from time to time.
5. Wages
The following wage rates shall apply from the beginning of the
first full pay period commencing on or after the dates specified in Columns 1 -
4.
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1
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2
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3
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4
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Group
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Classification
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13/05/02
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20/11/02
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20/05/03
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20/11/03
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AA
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Electrical Instrument Fitter
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Mechanical Plant Operator Groups F, G & H
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Mobile Cranes over 70 tonnes (add: $1.73
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for every 5 tonnes in excess of 90 tonnes)
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Tower Cranes
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Mechanical Tradesperson - Special Class
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$918.80
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$941.80
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$965.30
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$989.40
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A
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Tradespersons, Engineering and others
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Mobile Cranes up to 70 tonnes
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Mechanical Plant Operator C, D, & E
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Transport Worker Grades 6, 7 and 8
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Batch Plant Operator/Allocator
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$875.00
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$896.90
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$919.30
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$942.30
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B
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Riggers
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Agitator Driver
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Mechanical Plant Operator Groups A & B
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Field Sampler
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Concrete Tester
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Transport Worker Grades 4 & 5
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Dogmen
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Steel Fixers
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Concrete Finishers
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Scaffolders
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Clerk
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Labourers Group A & 2 (CFMEU)
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Labourers Group 3 & 4 (AWU)
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Ganger
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$831.30
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$852.10
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$873.40
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$895.20
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C
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Trades Assistant
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Labourer - Group 2 (AWU)
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Labourer - Group 3 (CFMEU)
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Crane Chaser
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Transport Worker Grades 1, 2 & 3
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Storeperson
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Survey Field Hand
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Steel Erector
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Field Clerk
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Lagger
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Asphalt Paver/Gang
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$787.50
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$807.20
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$827.40
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$848.10
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(a) The rates
prescribed in Groups AA, A, B and C are in substitution for those rates and
allowances which, but for this consent award, would apply to employees of contractors
engaged on the site and are for all purposes of this award.
Such rates shall only be varied during the term of the
consent award in accordance with the schedule as set out above. The parties may, by agreement, include
additional classifications within the groupings set out in this clause. Any dispute as to the appropriate grouping
for a particular classification shall be dealt with in accordance with the
provisions of clause 44, Settlement of Disputes.
(b) The rates of
pay set out in subclause (a) of this clause do not include refractory allowance
and towers allowance but are inclusive of amounts in lieu of over-award
payments, industry allowance, construction allowance, fares and travelling
(excluding excess fares where applicable) and site disability payments such as
space, height, dirt, etc., award special rates such as confined space, wet
work, etc., follow-the-job loadings, compensation for travel pattern mobility
requirements, etc., inclement weather, wind, dust, etc., but exclude those allowances
contained separately under this consent award.
(c) Higher Duties
Where any employee on any day performs two or more
classes of work to which a differential rate fixed by this consent award is applicable,
such person, if employed for more than four hours on the class or classes of
work carrying the higher rate, shall be paid in respect of the whole time
during which the employee works on that day at the same higher rate.
This rate shall be at the highest rate fixed by this
consent award in respect of any such classes of work and, if employed for four
hours of less on the class or classes of work carrying the highest rate, the
employee shall be paid at such highest rate for four hours.
(d) Allowances
The following allowances shall be payable in addition
to Group A rates where applicable for all purposes of the consent award:
(i) Specialist
Skills - Electrical
Electrical employees who are qualified and required to
perform such work shall receive the following all-purpose allowance:
Electrical Licence
|
$26.00
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Electrical Special Class
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$43.80
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Electrical Instrument Fitter
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$43.80
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Instrument, Complex Systems
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$43.80
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(ii) Specialist
Skills - Mechanical
Mechanical employees (as defined) who are qualified to
project standards and are required to perform such work shall receive the
following all purpose allowance:
Instruments
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$43.80
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Instrument, Complex Systems
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$43.80
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Other Allowances:
(iii) Tool
Allowance
A tool allowance of $20.90 per week shall be paid for
all purposes to all tradespersons.
(iv) Leading Hand
Allowance
A person specially appointed to be a leading hand shall
be paid an additional amount which shall form part of the employee’s weekly all
purpose wage.
In charge of not more than
one person
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$11.40
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In charge of two and not more
than five persons
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$26.60
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In charge of six and not more
than ten persons
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$34.20
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In charge of more than ten
persons
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$45.60
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(v) First Aid
Allowance
An employee who holds an appropriate first aid
certificate and who is appointed by their employer as a first aid attendant shall
be paid an additional allowance of $2.00 per day, such allowance to be paid for
all purposes of this consent award.
(vi) Excess Fares
and Travel
Employees who reside and travel by road for more that
50 kilometres from the site shall be paid a minimum travel time payment of 30
minutes each day. If the time spent
travelling beyond 50 kilometres totals more than 30 minutes each day, then the
additional time beyond the 30 minutes minimum is paid for in 15 minute increments.
Mileage of 40 cents per kilometre is payable to the
driver of the vehicle required to travel more than 50 kilometres. This 40 cents per kilometre payment shall
not apply where the company provides or offers to provide transport to and from
site.
(vii) Refractory
Bricklaying Allowance
Refractory Bricklayer
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$1.33
per hour (all purpose)
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Refractory Bricklayer’s
Assistant
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$1.14
per hour (all purpose)
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(viii) Towers
Allowance
An employee working on a chimney stack spire, cooling tower,
water tower or silo, where the construction exceeds 15 metres in height, shall
be paid, for all work above 15 metres, 43 cents per hour, with 43 cents per
hour additional for work above each further 15 metres.
(ix) Plumbing
Allowances
Plumbing Licence
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$38.20
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Plumbing Registration
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$19.00
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(e) Apprentices
The provisions of subclause (a) and paragraphs (iii)
and (vii) of subclause (d) of this clause shall apply proportionately to all apprentices
employed on the site and they shall be paid the appropriate percentage of the
wage rate prescribed for Group A classifications as specified hereunder:
1st year
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42%
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2nd year
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55%
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3rd year
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75%
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4th year
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88%
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Apprentices who attend a TAFE course on a prescribed
rostered day off shall be afforded an alternative day to be mutually agreed
between the contractor or subcontractor and the apprentice concerned.
The parties to this consent award encourage contractors
to adopt a ratio of one apprentice to five tradesmen as a minimum. However, no contractor is bound to employ
additional apprentices if that decision would displace other employees already
employed.
All contractors will, when engaging labour, give
preference to apprentices from a union-approved community-based apprenticeship
scheme, i.e. Hunter Group Training and Hunter Valley Training Company.
In relation to apprentices, existing industry practices
shall prevail, including payment for time spent in training.
(f) Definitions
(i) "Electrical
Instrument Fitter" means a tradesperson, not necessarily an electrical
fitter, who is required to design, test and/or repair and maintain electrical
and/or electro-pneumatic measuring and/or recording appliances and/or
scientific instruments and/or electrical instruments.
(ii) "Mechanical
Tradesperson - Special Class" means a mechanical tradesperson who is
mainly engaged in any combination of installing, repairing and maintaining,
testing, modifying, commissioning or fault-finding on complex machinery and
equipment which utilises hydraulic and/or pneumatic principles and who, in the
course of such work, is required to read and understand hydraulic and/or
pneumatic circuitry which controls fluid power systems.
To be classified as a mechanical tradesperson - special
class, a tradesperson will have:
(a) had a minimum
of two years' on-the-job experience as a tradesperson working predominantly on
fluid power systems as will enable the tradesperson to perform such work under
minimum supervision and technical guidance; and
(b) satisfactorily
completed a prescribed post-trades course or the achievement to the
satisfaction of the employer of a comparable standard of skill and knowledge by
other means, including in-plant training or on-the-job experience referred to
in subparagraph (a) of this paragraph.
For the purpose of this definition:
(aa) "mainly
engaged" means regularly over a period or intermittently during a week;
(bb) the following courses
are deemed to be prescribed post trade courses:
Course
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Syllabus
Number
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Victoria-
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Industrial Hydraulics
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AJ02A
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Industrial Pneumatics
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AJ03A
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Fluid Power Technology
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AJ04A
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South Australia-
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-
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Hydraulic
|
-
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Pneumatics
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-
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Fluid Power
|
-
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Tasmania-
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Industrial Pneumatics
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85-461
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Industrial Hydraulics
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85-450
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Queensland-
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|
Service Course in Fluid Power
|
CN859
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New South Wales-
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|
Industrial Hydraulics
|
5721
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Industrial Pneumatics
|
5268
|
6. Application and
Scope of Consent Award
(a) This consent
award shall apply to employees of contractors who are engaged on site. "Construction Work" referred to herein
means construction work and/or modification work on plant which has been
contracted to TAC-Construction.
(b) This consent
award shall stand on its own and shall not, except as specifically provided for
in this consent award, be affected by external wage or condition movements.
(c) For the
purposes of this consent award, the site offices of TAC and TAC-Construction
are excluded from the areas referred to in subclause (a) of this clause.
(d) All
contractors shall observe the terms of this consent award. Where this consent award does not make
specific provision, the appropriate parent award shall apply irrespective of
whether or not there are weekly or hourly employees engaged as at the date of
this consent award.
(e) This consent
award shall not apply to statutory employees, employees and contractors of TAC
security, supervisory, site catering or management and supervisory personnel
and associated staff or to personnel engaged in deliveries to and from the
site. The parties agree that this
exclusion shall not apply to employees who, upon delivering materials and
equipment from off site to the Project, perform construction work on the
Project, e.g. employees who deliver scaffolding to the Project and who then
erect the scaffolding are covered by this consent award in respect of the work
performed on the Project.
(f) This consent
award shall have no application to plant commissioning, operations or
maintenance or to any work after turnover of plant to TAC or to any other
activities for which TAC-Construction is not responsible.
(g) The parties to
this consent award commit themselves to the achievement of efficiency and
productivity during the course of the construction project and agree that no
party will take any action which adversely affects the efficiency or
productivity of the Project.
(h) All suspected
breaches of this consent award shall be reported to TAC-Construction for
immediate investigation. If found to be
correct, such breaches will be immediately rectified.
7. No Extra Claims
It is a term of this consent award that the Peak Union
Councils and their affiliated unions undertake that, for the period of this
consent award as specified in clause 9, Duration of Consent Award, they will
not pursue any extra claims, award or over-award. This includes claims relating to changes arising from award
variations or decisions of the Australian Industrial Relations Commission or
the Industrial Relations Commission of New South Wales, other than changes that
are consistent with the terms of this consent award.
Where employees employed under this consent award on the
Project are receiving terms and conditions greater than this consent award as a
result of an enterprise agreement or other arrangement, this shall not be used
as a basis of a claim by unions or employees of other contractors engaged on
the Project.
Where an enterprise or certified agreement of a contractor
expires during the term of this consent award, employees will continue to work
normally under their existing enterprise or certified agreement and this
consent award and shall be paid or afforded all additional benefits of any new
or replacement enterprise or certified agreement retrospectively to the date of
the new agreement.
8. No Reduction
Clause
No reduction in either rates of pay or conditions of
employment as at date of this consent award will occur as a result of the
making of this consent award, provided that, where this consent award offsets
parent award or enterprise or certified award conditions, the provisions of
this consent award shall prevail.
9. Duration of
Consent Award
This consent award shall operate from the first pay period
on or after 13 May 2002 and shall remain in force until 20 February 2004.
10. Contract of
Employment
(a) The contract of
employment for all employees other than casual employees shall be by the week.
(b) For other than
casual employees, either party shall give a week’s notice of termination of the
employment engagement exclusive of accrued rostered days off or one week’s pay
shall be paid or forfeited in lieu thereof.
(c) Applicants for
positions on the Project shall be required to complete an Authority to Obtain
from DIMA Details of Immigration Status (see Appendix 4) to authorise their
potential employer to obtain from the Department of Immigration and
Multicultural Affairs details of their immigration status. No person shall be allowed to undertake any
work on the project unless it is verified they have the right to work. Copies of this authority shall be made available
to the Labor Council upon request.
(d) A casual
employee is employed on an hourly basis and paid as such with a minimum payment
of four hours. Casual employees shall
be paid a 20% casual loading in compensation for other benefits under this
consent award to which a casual employee has no entitlement. The casual employee is entitled to pro rata
redundancy payments as set out under clause 49, Termination Pay.
(e) Where casual
employees are engaged on the Project, such engagement shall not exceed four
weeks' duration. However, where
agreement is reached between the parties to the award, then such engagement of
a casual employee may be extended for a further two weeks. Agreement to such extension of engagement
shall not be unreasonably withheld.
(f) Nothing in
this clause shall affect the right of a contractor to dismiss an employee,
without notice, for misconduct or refusing lawful duty.
(g) Nothing in
this clause shall affect the right of a contractor to dismiss an employee for
breaches of site rules, safety rules or regulations, subject to appropriate
investigation having been made, counselling extended and the dispute settlement
procedure being effectively processed.
(h) Nothing in
this clause shall affect the right of an employee to pursue a claim for unfair
or unlawful termination through the relevant State or Federal tribunal.
(i) A contractor
may deduct payment for any day upon which an employee cannot be usefully
employed because of any strike by or participation in any strike by any member of
a union employed by the contractor or because of any strike by or participation
in any strike by any other union, organisation or association or by any branch
thereof, or by any members thereof who are employed by the contractor or,
because of any stoppages of work (other than for site conditions within the
allowance prescribed in clause 27, Inclement Weather), by any cause, including
breakdown of machinery or failure/lack of power, for which cause the contractor
is not responsible.
(j) A
tradesperson shall be allowed one hour prior to termination to gather, clean,
sharpen, pack and transport his/her tools.
11. On Site Register
TAC-Construction shall require that all contracts with
contractors be in writing and include the following terms and conditions:
(a) The conditions
contained within the consent award shall form part of such contracts and bind
all such contractors.
(b) Contractors
will be required to meet all statutory, award and legal obligations for their employees
in addition to those binding under the consent award.
The Peak Union Councils will be kept advised of contractors
coming on site. The contractors will
ensure that employees hold the necessary qualifications to enable work to be
performed in a safe and efficient manner.
The practice of all-in payments, cash-in-hand payments or
pyramid contracting will not be tolerated on site.
All contractors shall supply a declaration that they will
abide by the provisions of the consent award.
A register containing relevant information of every
contractor and their employees engaged on site shall be kept by
TAC-Construction. Prior to commencing
work on site, each contractor and their employees must provide and certify as
correct the following information:
From employees-
(a) name and
address of employee;
(b) name and
address of employer (contractor/subcontractor);
(c) classification
and certificate details;
(d) induction
date;
(e) union and
ticket number (where applicable);
(f) superannuation
scheme name and employee number;
(g) long service
leave number;
(h) WorkCover
ticket-permit numbers;
(i) ACIRT, MERT
or other redundancy scheme number;
(j) CTAS or
equivalent scheme number; and
(k) other information
that may be reasonably required from time to time by either TAC-Construction or
the Peak Union Councils.
Failure to comply or repeated breach with this clause may
result in employees being removed from the site.
From employers-
(a) registered
business name and address of employer and ACN/ABN number;
(b) workers'
compensation policy number, underwriter and currency certificate;
(c) public
liability policy number, underwriter and currency certificate;
(d) superannuation
fund name and employer number;
(e) long service
leave employer number;
(f) redundancy
scheme details;
(g) CTAS or
equivalent scheme number;
(h) rehabilitation
particulars pursuant to WorkCover General Program Regulation 1988; and
(i) other information
that may be reasonably required from time to time by either TAC-Construction or
the Peak Union Councils.
Failure to comply or repeated breach with this clause may
result in persons and/or contractors being removed from the site.
The relevant information will be provided by the contractors
to TAC-Construction on a daily basis so that TAC-Construction can update the
register. The information in the
register will be available to the parties to this consent award on request.
12. Induction
(a) Contractors
shall ensure that all of their employees conform to the requirements of the
Occupational Health and Safety Regulation 2001, Chapter 8, Construction Work,
Part 8.2-OH&S Training, and provide written confirmation to
TAC-Construction prior to requesting a site induction.
(b) All employees
shall, before entering the site area or commencing work on the site, attend and
complete a Site Induction Program on safety rules and regulations, site rules
(see Appendix 2) and this consent award.
(c) The program
will be conducted at a central location by TAC-Construction on behalf of the
contractors. TAC-Construction reserves
the right to alter the duration of the program and to conduct further induction
and/or refresher programs.
Each employee shall receive a Site Safety Booklet and a
copy of this consent award and shall sign an acknowledgement of receiving same.
(d) After
successful completion of the Site Induction Program, each employee shall be
issued with a Project Identity Pass which will allow entry to and exit from the
site.
The pass will bear a photograph of the employee
together with other pertinent information contained in clause 11, On Site
Register.
Should an employee lose their Project Identity Pass,
they must immediately notify their employer, who will in turn immediately
notify TAC-Construction. A replacement
pass will be available at a charge of $10.00 to the contractor.
13. Site Practices
(a) All persons on
site will be required to conform to the Site Safety Practices as outlined in the
Site Safety Booklet and all relevant site safety statutes applicable in New
South Wales. The Occupational Health and Safety Act 2000 and Occupational Health and
Safety Regulation 2001 shall be strictly observed on site.
(b) All employees
shall be conversant with this consent award and, if necessary, ask their
respective union officials to explain, and further:
(i) No alcohol is
permitted on the site at any time.
(ii) No narcotic
drugs of addiction, non-prescribed drugs or illegal substances are permitted on
site at any time.
(iii) The parties
to this consent award are encouraged to adopt the Construction Industry Drug
and Alcohol Policy (see Appendix 5) as a guide when dealing with such problems
on site.
(c) All workers
shall, at all times, use the facilities provided by virtue of the terms of this
consent award.
(d) All employees
shall be required to conform with the safety rules and regulations and site
rules as specified.
14. Hours
(a) Except as
provided elsewhere in this consent award, the ordinary working hours shall be
38 consecutive hours each Monday to Friday inclusive, between the hours of 6.00
a.m. and 6.00 p.m., with the first 0.4 of an hour of each day worked, plus 0.4
of an hour for each day on paid leave, accruing as an entitlement to be taken,
except as specified in paragraph (v) of subclause (d) of this clause, on the
fourth Monday in each cycle as a paid day off, as though worked.
Provided further that up to five rostered days off may
be accrued by agreement between the contractor and the employee and must be
taken during the course of the job.
(b) There shall be
a cessation of work and of working time for the purpose of a meal on each day
of not less than 30 minutes, to be taken between noon and 1.00 p.m., subject to
operational demands.
(c) Notwithstanding
the provisions of subclauses (a) and (b) of this clause, where it is
established custom and practice for a contractor and his or her employees to
work ordinary hours of work within an alternative spread of hours, e.g. 5.00 a.m.
to 5.00 p.m., and take an alternative meal break, that established custom and
practice may apply on site on the approval of the TAC-Construction Manager.
(d) The method of
payment for hours worked, paid leave, etc., shall be as follows:
(i) Normal Working
Days
An employee shall be paid the daily rate for working
the eight ordinary hours on a normal working day. The daily rate shall be calculated by dividing the ordinary
weekly wage by five.
Where an employee works part of the ordinary hours on a
normal working day, they shall be paid at the hourly rate for the time worked,
less 0.4 of an hour.
(ii) Sick Leave
An employee absent on paid sick leave shall be paid for
each day absent at the daily rate.
Where an employee is absent on paid sick leave for part of a day, they
shall be paid at the hourly rate for such time absent, i.e. the difference
between time worked and eight hours.
Where an employee is off for part of a day on paid sick
leave, their sick leave credit in respect of that day shall be the difference
between 7.6 hours and the time that they were paid sick leave, e.g. an employee
has ten days' accumulated sick pay and takes four hours off on sick pay: their
accumulated sick leave would therefore become nine days 3.6 hours.
The sick leave credits prescribed in this award shall
be converted from hours to days on the basis of each eight hours credit
becoming one day's sick leave or portion thereof.
(iii) Public
Holidays and Other Paid Leave
An employee absent on public holidays or other paid
leave shall be paid the daily rate of each day of absence, provided always that
the employer shall be obliged to pay no more 38 hours per week ordinary time.
An employee entitled to four weeks' annual leave shall
be paid, in addition to their annual leave, an annual leave loading and payment
of their accrued entitlement for the rostered prescribed day off that would
have otherwise been due if they had not been on annual leave.
(iv) Prescribed
Rostered Day Off
For the prescribed rostered day off, an employee shall
be paid the daily rate less 0.4 of an hour for each day the employee did not
attend for work because of an absence of unpaid leave during the 19 day cycle.
An employee who works for part of a 19 day cycle on the
site (as defined in subclause (a) of this clause) and part of the cycle at
another work location of the same employer shall be entitled to receive payment
at the rate applicable under this consent award for the proportion of time
worked on the site when payment is made to such employee in respect of their
rostered day off.
New Employees
A new employee on site shall take the rostered day off
and be paid a pro rata payment for the prescribed rostered day off, calculated
on the basis of 0.4 of an hour's pay for each day worked within the cycle and
for each other day on which the employee has been absent on paid leave. However, as provided by this clause, up to
five rostered days off may be accrued by agreement between the contractor and
the employee and must be taken during the course of the job.
(v) Working on the
Prescribed Rostered Day Off
The accrued rostered day off shall be taken as a paid
day off, provided that this day may be worked where that is required by the employer
and such work is necessary to allow other employees to be employed productively
or to carry out out-of-hours maintenance or because of unforeseen delays to the
Project or a section of it or for other reasons arising from unforeseen or
emergency circumstances on the Project, in which case, in addition to accrued
entitlements (i.e. leave accrued may not be discharged by payment in lieu), the
employee shall be paid for work performed in ordinary hours the penalty rates
and provisions for Saturday work only.
Any proposed work on rostered days off where possible shall be notified
to the unions whose members are intended to carry out the proposed work. Such notification shall be provided not
later than on the last normal working day prior to the rostered day off. This clause shall not apply where rostered
days off are accrued as provided by subclause (a) of this clause.
(vi) Overtime Rates
All time worked outside the ordinary working hours
outlined in subclauses (a), (b) and (c) of this clause shall be paid at the
rate of time and one half of the first two hours and double time thereafter.
(vii) Termination of
Employment
In addition to all other entitlements (pro rata annual
leave, annual leave loading, etc.), the employee shall be entitled to a pro rata
payment of 0.4 of an hour's pay for each ordinary day worked and for each other
day that the employee was absent on paid leave within the 19 day cycle.
15. Shiftwork
The following conditions shall apply to employees engaged on
shiftwork.
(a) For the
purposes of this clause:
"Afternoon Shift" means a shift finishing at
or after 9.00 p.m. and at or before 11.00 p.m.
"Night Shift" means a shift finishing at
11.00 p.m. and at or before 7.00 a.m.
"Morning Shift" means a shift finishing after
12.30 p.m. and at or before 2.00 p.m.
"Early Afternoon Shift" means a shift
finishing after 7.00 p.m. and at or before 9.00 p.m.
(b) Provided that
the employee is employed continuously (inclusive of public holidays) for five
shifts Monday to Friday, the following rates shall apply:
Afternoon and night shift - ordinary time plus 50%.
Morning and early afternoon shifts - ordinary time plus
25%.
(c) Broken Shift
(i) A broken
shift is any shift that does not continue for five consecutive working days Monday
to Friday.
(ii) All hours
worked on broken shifts shall be paid as though they were overtime hours,
excepting where the reasons for a broken shift eventuating are as a result of
employee actions or reasons.
(d) An employee
shall be given at least 48 hours' notice of a requirement to work shift work.
(e) The hours of
shift workers, when fixed, shall not be altered except for breakdowns or other
causes beyond the control of TAC-Construction/contractors, provided that notice
of such alteration shall be given to the employee not later than ceasing time
for the previous shift.
(f) For all work
performed on a Saturday, Sunday or holiday the provisions of clause 17,
Overtime and Special Work, shall be applicable in lieu of the rates prescribed
in this clause.
(g) Work in excess
of shift hours, Monday to Friday, other than holidays, shall be paid for at
double time, provided that these rates shall be based, in each case, on
ordinary hours.
(h) Shift work
hours shall be worked between Monday to Friday inclusive, provided that an
ordinary night shift commencing before, and extending beyond, midnight Friday
shall be regarded as a Friday shift.
16. Rest Period, Meal
Allowances and Crib Time
(a) There shall be
allowed, without deduction of pay, a rest period of ten minutes mid-morning and
mid-afternoon. This may be varied by
agreement between TAC-Construction, contractors and the unions.
(b) Where an
employee is required to work overtime for at least one and a half hours after
working ordinary hours, they shall be paid by the employer an amount of $9.30
to meet the cost of a meal. This
provision shall not apply to an employee who is provided with board and
lodgings and provided with a suitable meal.
Where an employee is required to work overtime after the usual ceasing
time of the day or shift for two hours or more, they shall be paid by the
employer an amount of $17.90 to meet the cost of a meal in lieu of any other
applicable meal allowances and crib times, and thereafter, after each four
hours of continuous work.
(c) No apprentice
under the age of 18 years shall be required to work shift work unless they so
desire. No apprentice shall, except in
an emergency, work or be required to work shift work at times which would prevent
their attendance at TAFE College, as required by any statute, award or
regulation applicable to them.
(d)
(i) An employee
who works overtime between the termination of ordinary work and the
commencement of ordinary work on the next day and has not had at least ten
consecutive hours off duty between these times and who, if on the instructions
of their employer, resumes or continues to work without having had such ten
consecutive hours off duty, shall be paid at double rates until released from duty
for such period and shall then be entitled to be absent until they have had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(ii) An employee
who works continuously (except for meal and crib times allowed by this award)
for 20 hours shall not be required to continue at or recommence work for at
least 12 hours.
17. Overtime and
Special Work
(a) All
contractors shall require their employees to work reasonable overtime.
(b) All time
worked beyond the ordinary time of work as prescribed in clause 14, Hours,
shall be paid for at the rate of one and a half times ordinary rates for the
first two hours thereof and at double time thereafter.
(c) An employee
recalled to work overtime after leaving their employer's business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of four hours' work at the appropriate rates for each time so recalled,
provided that, except in the case of unforeseen circumstances arising, the
employee shall not be required to work the full four hours if the job they were
recalled to perform is completed within a shorter period. This subclause shall not apply in cases
where it is customary for an employee to return to their employer's premises to
perform a specific job outside their ordinary working hours or where the
overtime is continuous (subject to a reasonable meal break) with the completion
or commencement of ordinary working time.
(d) If an employer
requires an employee to work during the time prescribed by clause 14, Hours,
for cessation of work for the purpose of a meal, the employer shall allow the
employee whatever time is necessary to make up the prescribed time of cessation
and the employee shall be paid at the rate of double time for the period worked
between the prescribed time of cessation and the beginning of the time allowed
in substitution for the prescribed cessation time, provided that the employer
shall not be bound to pay in addition for the time allowed in substitution for
the said cessation time.
(e) No apprentice
under the age of 18 years shall be required to work overtime unless they so
desire. No apprentice shall, except in
an emergency, work, or be required to work, overtime at times which would
prevent attendance at TAFE College, as required by any statute, award or
regulation applicable to them.
(f) When an
employee, if they have not been regularly rostered and not given 24 hours'
notice of their requirement to work overtime, after having worked overtime, finishes
work at a time when reasonable means of transport are not available, the
employer shall provide them with a conveyance to their home or to the nearest
connecting public transport.
18. Weekend Work
(a) Overtime work
on Saturday shall be paid for at the rate of time and a half for the first two
hours and double time thereafter, provided that all overtime worked after 12
noon on Saturday shall be paid for at the rate of double time.
(b) All time
worked on Sunday shall be paid for at the rate of double time.
(c) An employee
required to work overtime on a Saturday or to work on a Sunday shall be
afforded at least four hours' work at the appropriate rate.
(d) An employee
working overtime on Saturday or working on a Sunday shall be allowed, without deduction
of pay, a rest period of ten minutes mid-morning and mid-afternoon. This may be varied by agreement between
TAC-Construction, contractors and the unions.
(e) An employee
working overtime on a Saturday, or working on a Sunday, shall be allowed a crib
time of 20 minutes after four hours' work without loss of pay, but this
provision shall not prevent any arrangements being made for the taking of a 30
minute meal period, the time in addition to the paid 20 minutes being without
pay.
In the event of an employee being required to work in
excess of a further four hours, they shall be allowed to take a crib time of 30
minutes without loss of pay.
19. Public Holidays
(a) An employee
shall be entitled to the following holidays without deduction of pay, provided
that, if any other day be, by a State Act of Parliament or State Proclamation,
substituted for any of the said holidays, the day so substituted shall be
observed:
New Year's Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas
Day, Boxing Day, Newcastle Show Day.
Picnic Day - first Monday in December and one other
additional day to be agreed between TAC-Construction and the unions
(b) Where an
additional or substituted public holiday is proclaimed by Order in Council or
otherwise gazetted by authority of the Australian or New South Wales Government
under any Act throughout New South Wales or part thereof, such day shall,
within the defined locality, be deemed to be a holiday for the purposes of this
consent award, provided that an employee shall not be entitled to the benefit
of more than one holiday upon such occasion.
(c) Provided that:
(i) An employer
who terminates the employment of an employee except for reasons of misconduct or
incompetence (proof of which shall lie upon the employer) shall pay the
employee a day's ordinary wages for each holiday which falls within ten
consecutive days after the day of termination.
(ii) Where any two
or more of the holidays prescribed in this consent award occur within a seven
day span, such holidays shall, for the purposes of this consent award, be
classed as a group of holidays. If the
first day of the group of holidays falls within ten working days after
termination, the whole group shall be deemed to fall within the ten consecutive
days, e.g. Christmas Day, Boxing Day and New Year's Day shall be regarded as a
group.
(iii) No employee
shall be entitled to receive payment from more than one employer in respect of
the same public holidays or group of holidays.
(iv) An employee
who has worked as required by their employer the working day immediately before
and the working day immediately after such a holiday, or is absent with the
permission of their employer, or is absent with reasonable cause, shall be
entitled to payment for the public holiday.
An absence arising by termination of employment shall not be reasonable
cause.
(d) All employees
shall, as far as practicable, be given and shall take Picnic Day on the first Monday
in December and shall therefore be paid eight hours' work at the rate of pay
prescribed in clause 5, Wages.
(i) Any employee
required to work on this day shall be paid at the rate of double time and a
half, provided that an employee who attends for work as required on this day
shall be paid for not less than four hours' work
(ii) Where a
parent award so provides, an employer shall require from an employee evidence
of their attendance at the picnic and production of proof of evidence issued
for the picnic shall be sufficient evidence of such attendance. Where such evidence is requested by the
employer, payment need not be made unless the evidence is produced.
(iii) It is agreed
between the parties that no employee shall be required to work on Picnic Day
other than in the circumstances of an unforeseen emergency arising.
(e) All work
performed on any of the holidays prescribed in this clause or substituted in
lieu thereof shall be paid for at the rate of double time and a half.
(f) An employee
required to work on a holiday shall be afforded at least four hours' work or
paid for four hours at the appropriate rate.
20. Sick Leave
An employee who is absent from their work on account of
personal illness or injury, other than that covered by workers' compensation,
shall be entitled to leave of absence, without deduction of pay, provided that:
(a) Within 24
hours of the commencement of such absence, the employee shall inform the
employer of their inability to attend for duty and, as far as practicable, state
the nature of the injury or illness and the estimated duration of the absence.
(b) The employee
shall prove to the satisfaction of their employer that they were unable on
account of such fitness or injury to attend for duty on the day or days for which
sick leave is claimed.
(c) An employee
during their first year of employment with an employer shall be entitled to
sick leave entitlement at the rate of one day on one calendar month from the
first day of employment and one day on the first of each calendar month for the
following nine months.
Provided that an employee who has completed one year of
continuous employment shall be credited with a further ten days' sick leave
entitlement at the beginning of their second and each subsequent year which, subject
to subclause (g) of this clause, shall commence on the anniversary of
engagement.
(d) In the case of
an employee who claims to be allowed paid sick leave in accordance with this
clause for an absence of one day only, such employee, if in the year they have
already been allowed paid sick leave on two occasions for one day only, shall
not be entitled to pay for the day claimed unless they produce to the employer
a certificate of a duly qualified medical practitioner certifying that the
employee was unable to attend for duty on account of personal injury or
fitness.
An employer may agree to accept from the employee a
statutory declaration stating that the employee was unable to attend for duty
on account of personal illness or injury in lieu of a medical certificate.
Nothing in this subclause shall limit the employer's
right under subclause (b) of this clause.
(e) Sick leave
with an employer shall accumulate from year to year so that any balance of the period
specified in subclause (c) of this clause which in any year has not been
allowed to an employee by that employer as paid sick leave may be claimed by
the employee and, subject to the conditions herein prescribed, shall be allowed
by that employer in a subsequent year, without diminution of the sick leave
prescribed in respect of that year.
Sick leave which accumulates pursuant to this subclause
shall be available to the employee for a period of ten years from the end of
the year in which it accrues but for no longer.
(f) Any sick
leave for which an employee may become eligible under this award by reason of
service with an employer shall not be cumulative upon sick leave for which the
employee may become eligible by reason of subsequent service with another
employer.
(g) If an employee
is terminated by their employer and is re-engaged by the same employer within a
period of six months, then the employee's unclaimed balance of sick leave shall
continue to accrue from the date of re-engagement.
The period of interruption shall not be counted as
service for the purposes of sick leave.
21. Parental Leave
Employees shall be entitled to parental leave in accordance
with the Industrial Relations Act
1996.
22. Carer’s Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) of this subclause, who
needs the employee's care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement provided for
in clause 20, Sick Leave, for absences to provide care and support for such
persons when they are ill. Such leave
may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of the
employee who is a member of the same household, where for the purposes of this
subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
(2) Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in subparagraph (ii) of paragraph (c) of
subclause (1) who is ill.
(3) Annual Leave
(a) An employee
may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual
leave not exceeding five days in single day periods or part thereof, in any
calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this consent
award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of rostered day off flexibility and
providing a reasonable opportunity for the union(s) to participate in
negotiations.
23. Bereavement Leave
(a) An employee
shall, on the death within Australia of a person prescribed in paragraph (c) of
subclause (1) of clause 22, Carer's Leave, be entitled on notice to leave up to
and including the day of the funeral of such relation (or, where made necessary
because of travel arrangements, the day after the funeral). Provided that for the purpose of bereavement
leave, the employee need not have been responsible for the care of the person
concerned.
(b) Such leave
shall be without deduction of pay for a period not exceeding the number of
hours worked by the employee in two ordinary days of work.
(c) Proof of such
death shall, if required, be furnished by the employee to the satisfaction of
their employer.
(d) Bereavement
leave may be taken in conjunction with other leave available under clause 22,
Carer's Leave. In determining such a
request the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
Provided that this clause shall have no operation while
the period of entitlement to leave under it coincides with any other period of
entitlement of leave.
24.
Anti-Discrimination
The company shall not discriminate on the basis of sex,
marital status, pregnancy, age, race, religion, colour, national origin,
disability, political conviction, homosexuality, transgender identity and
responsibilities as a carer.
Entry into the company, selection for specific jobs and
career progression will be determined by personal merit and criteria related to
the effective performance of the job.
(a) It is the
intention of the parties bound by this consent award to seek to achieve the
object in section 3(f) of the Industrial
Relations Act 1996 to prevent and eliminate discrimination in the
workplace. This includes discrimination
on the grounds of race, sex, marital status, disability, homosexuality,
transgender identity, age and responsibilities as a carer.
(b) It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed in clause 44, Settlement of Disputes, 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 the fulfilment of
these obligations for the parties to make application to vary any provision of
the consent award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(c) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or providing
junior rates of pays to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(iv) a party to
this agreement from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects … any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion that conforms to the doctrines of that religion or
is necessary to avoid injury to the religious susceptibilities of the adherents
of that religion."
25. Annual Leave
Payment and Annual Leave Loading
(a) Each employee,
before going on annual leave, shall be paid in advance the wages which would
ordinarily accrue to them during the currency of annual leave.
(b) In addition to
the payment prescribed in subclause (a) of this clause, an employee shall
receive during a period of annual leave loading for each week of annual leave.
An employee who applied for their annual leave whilst
engaged on this site shall be entitled to any benefits applicable to such
annual leave contained in this consent award.
If their employer transfers the employee to another location for a
period not exceeding one month, this clause shall apply.
Any benefits shall be on a pro rata basis for period
worked on this site for each week's annual leave due.
(c) The loading prescribed
above is calculated on the basis of 20.4% of the group wage rates set out in
clause 5, Wages, and, if those rates are further increased as a consequence of
the provisions of subclause (a) of clause 5, the annual leave loading shall
also be increased by the same percentage formula and from the same date as the
wage rate is increased.
(d) The loading
prescribed above shall also apply to proportionate leave due to an employee
whose services are terminated by an employer through no fault of the employee.
(e) Except as
provided in subclause (d) of this clause as to the payment of loading on
proportionate leave on termination, the provisions of the appropriate parent
award shall apply.
26. Superannuation
(a) Employees of
contractors and subcontractors covered by this consent award shall, whilst they
are engaged on this site, be covered by an appropriate superannuation scheme
such as C + BUS or other union-approved superannuation schemes.
(b) Construction
work to be performed under this consent award falls under the definition of
construction work contained in the Trust Deed or Deed of Adherence of the C +
BUS Superannuation Scheme.
(c) Contractors
shall contribute $75.00 per week on behalf of employees into a recognised
industry scheme. From the first pay
period commencing on or after 20 May 2003, this amount shall increase to $80.00
per week.
(d) Provided that
such contribution shall not be in addition to any contributions made in
accordance with legislation or an enterprise agreement.
27. Inclement Weather
Employees of contractors and subcontractors shall be
employed on a weekly basis, provided that this shall not affect the engagement
of casual or temporary employees.
The inclement weather provisions of the National Building
and Construction Industry Award 2000 shall apply in respect of all employees
engaged under the provisions of this consent award.
Where employees under a weekly contract of employment feel
that they are experiencing inclement weather conditions, they should approach
their Site Management, who shall consult with the employees and inspect work
areas. Site Management shall consult
with the TAC-Construction Manager to ensure that the provisions and intent of
this clause are being applied in a consistent manner to the project in
total. Site Management will then decide
whether the employees should or should not cease work and return to their site
amenity huts or relocate to unaffected areas.
No employee shall have the right to cease work or leave the site without
the permission of their Site Management.
28. Caravan Allowance
(a) A caravan
allowance of $147.00 per week or $21.00 per day or the cost of the caravan
site, whichever is the greater, shall apply to an employee who resides in a caravan
(either owned or rented) for the purpose of following their employment from
site to site, providing that:
(i) The employee
has been directed by their employer to reside in a caravan in order to work at
the employer's site; or
(ii) The employee
elects to reside in the caravan because it is impracticable to travel to and
from the employer's site and their original place of residence.
NOTE: The employee's original place of residence shall
be taken to mean their residence immediately prior to becoming a caravan
dweller.
The employee, having established at the commencement of
employment at a particular site that they are not a caravan dweller, will not
be eligible for the benefits of this clause whilst working at that site.
(b) The caravan
allowance shall take into account all expenses incurred by the employee in
connection with their occupation of the caravan and shall not be wages for the
purposes of this consent award.
(d) This allowance
payable pursuant to subclause (a) of this clause shall be in substitution for
and not additional to any payment otherwise due pursuant to Country Work or
Camping Area clauses of the Plant, &c., Operators on Construction (State)
Award published 16 November 2001 (329 I.G. 625), as varied, provided that the
employee shall not be entitled to the allowance prescribed in subclause (a) of
this clause for any working day in which they are absent from duty except in
cases of sickness or for any reason beyond their control.
(e) This clause
will not apply to any employee whose employer is paying an allowance for the
use of the employee's caravan following custom and practice or agreement under
conditions not less favourable than the provisions of this clause.
29. Living Away -
Distant Work
(a) Entitlement
(i) The employer
shall provide a distant worker with either reasonable board and lodging at no
cost to the employee or pay the living away from home allowance when employed
on a construction site at such distance from their usual place of residence
that they cannot reasonably return each night or as otherwise defined in the
employee's parent award.
(ii) The employer
shall provide an itinerant worker with acceptable board and lodging at
reasonable cost.
(b) Procedure
(i) The employer shall
advise applicants for employment of their entitlement under this clause at the
time of the interview.
(ii) The employer
shall determine whether the employee is correctly defined as a "distant
worker", "itinerant worker" or "local worker". The appropriate definition shall be shown on
the employee's records when the employee completes the Travel and/or Living
Away From Home Declaration (see Appendix 1) made at the pre-employment
interview.
(iii) Any employer
shall not, under any circumstances, attempt to persuade or induce applicants
for employment to provide a local address as their usual place of residence in
an effort to avoid the employer's obligations under this clause.
(c) Disputes
Disputes arising from application of this clause will
be subject to resolution in accordance with clause 44, Settlement of
Disputes. In the event of a dispute all
relevant documentation will be made available to the tribunal dealing with the
matter.
(d) Definitions
(i) "Distant
Worker" means an employee who has provided satisfactory evidence that, due
to engagement on the site, they are unable to reasonably return home each right
or as otherwise defined in the relevant award.
(ii) "Itinerant
Worker" means an employee with no fixed address.
(iii) "Usual
Place of Residence"
(a) The employer
shall obtain, and the applicant for employment shall provide, a statement in
writing of residence at the time of engagement, provided that documentary
evidence of the applicant's usual place of residence, such as motor vehicle driver's
licence, may be provided and accepted in lieu of the statement in writing.
(b) The employee's
usual place of residence and not the place of employment shall determine the
applicability of this clause.
(c) An employee
shall notify the employer in writing of any subsequent change to their usual
place of residence. No subsequent
change to an employee's usual place of residence shall entitle an employee to
provisions of this clause, unless the employer agrees.
(iv) "Reasonable
Board and Lodging" means lodging in a well-kept establishment with three
adequate meals per day, adequate furnishing, good lighting and heating and hot
and cold running water, in a single room or a twin room if a single room is
unavailable.
(v) "Living
Away from Home Allowance" means an allowance payable weekly. Such allowance shall not be wages, provided
that, in the case of broken parts of a week occurring at the beginning or end
of employment, the allowance shall be divisible by seven.
A living away from home allowance of $441.60 per week
of seven days shall apply where an employee has satisfied the requirements of
this clause.
Provided further that, if the employee satisfies the
employer that they reasonably incurred a greater outlay that any prescribed,
the allowance shall be increased to match the outlay.
The allowance payable pursuant to this paragraph shall
be in substitution for additional payments provided to employees for travel to
and from the Project, i.e. payments available under paragraph (vi) of subclause
(d) of clause 5, Wages.
30. Safety
The Occupational
Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 shall be the means by
which safety matters will be addressed on this project. Conditions of implementation not specified
in the Occupational Health and Safety Act
2000 and Occupational Health and Safety Regulation
2001 shall be observed as set out in TAC-Construction's Safety Rules and
Regulations.
(a) It is also
accepted by the parties to this consent award that the procedures of the
Building Industry Safety Codes shall be the procedures by which safety matters
are handled and, whilst these are being followed, there shall be no stoppage of
work in respect of the matter being considered, except in the area or matter
under consideration.
(b) A Safety
Committee, consisting of a TAC-Construction representative and one alternate
TAC-Construction member, four elected employee representatives and three
appointed contractors' representatives, shall be formed and will operate in
accordance with the provisions of the Occupational
Health and Safety Act 2000 and
Occupational Health and Safety Regulation
2001.
Frequency of site safety inspections and other matters
pertinent to the Occupational Health and
Safety Act 2000 and Occupational Health and Safety Regulation 2001 will be determined by the Safety Committee in
consultation with TAC-Construction.
(c) Each employer
shall provide to their employees all appropriate safety equipment free of
charge as necessitated by the tasks in accordance with any existing
regulation(s) or regulation(s) implemented during the life of the consent
award.
(d) Rectification
Work
Contractors shall engage qualified personnel and/or
subcontractors for the purpose of performing hazard prevention and
rectification work such as erecting handrails and toeboards around the
perimeter of floors, openings, penetrations, up stairways, covering up
openings, fixing of ladders, building walkways, ramps, etc.
(e) Scaffolding/Formwork
Employees carrying out scaffolding/formwork duties must
be in possession of the appropriate Certificate of Competency issued by the New
South Wales Department of Industrial Relations and Employment.
31. First Aid
(a) An emergency vehicle
will be located on site at all times.
(b) First aid
boxes shall be provided by contractors as required in accordance with the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001.
(c) Contractors
shall make provision in accordance with the Occupational
Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 as to the provision of
personnel in administering this obligation under the said Act.
32. Occupational
Health and Safety
(a) A comprehensive
Safety Management Plan for the Project will be developed, implemented and
communicated by the Project Manager and contractors.
The provisions of the Occupational Health and Safety Act 2000 and Occupational Health and
Safety Regulation 2001 or their
successors shall apply to and regulate all work covered by this consent award.
A first aid room, complying with the Act, regulations
and industry standards, will be provided.
(b) Upon
commencement on the Project, employees will be issued with the following
protective clothing, equipment and footwear:
(i) One pair of
approved safety footwear.
(ii) For employees
who are assigned to the project for more than one month, two pairs of
standard-issue long pants and two standard-issue long-sleeved shirts or two
pairs of long-sleeved overalls. Shirts
and overalls shall have high visibility day/night glowtape attached front and
back in accordance with "Clutha Pattern". Colour to be advised by TAC-Construction.
(iii) One white
hard hat (with substantial add-on shade ‘brim’) designating the employee’s
employer and name.
(iv) One pair of
approved safety glasses (either tinted or non-tinted - employee choice). Employees with prescription glasses will be
issued with monogoggles or have their prescription safety glasses face-hardened
(employee choice).
(v) Each employee
on commencement of employment on site shall be eligible to be issued with one
"bluey" type warm jacket which will be issued between 1 May and 1
September.
It is a condition of issue and of employment that the
issued equipment shall be worn whilst on site.
Replacement of issued equipment that is lost by the employee is the
responsibility of the employee.
An employee who resigns within three months of receiving
the issue may have the pro rata cost withheld from their final pay.
Hard hats, safety glasses and safety footwear must be
worn at all times other than whilst in offices and crib sheds.
Replacement of any articles shall be on the basis of
fair wear-and-tear, provided that the worn-out item is produced for
replacement. An employee who loses
parts of the issue will be required to purchase necessary replacements.
Where an employee transfers:
(i) to the
Project with the same employer; or
(ii) between
Project employers;
and has already received an issue of approved
protective safety footwear, they will only be eligible for any re-issue on the
basis of fair wear-and-tear provided the worn-out item is produced for
replacement.
Employees who receive their issue of protective safety
footwear as part of their employer’s policy will not be entitled to additional
issues under this clause.
The employer shall issue, on a loan basis, all safety
equipment and protective clothing necessary for specific work tasks. Requisite safety equipment shall be worn.
The employer shall make available sunscreen (SPF 30+)
and mosquito repellent for personnel engaged in outside work.
(c) Where an
individual who has been issued with required protective safety equipment, including
safety footwear, helmets, harnesses and adequate clothing, is found not to be
wearing same on the job, then such employee shall be counselled in the presence
of the Site Safety Committee elected representative.
Further infractions in relation to the non-wearing of
the said protective equipment referred to in this clause shall result in the
individual being required to show cause to the Site Safety Committee why the
said individual should not be removed from the site.
Exemption from this clause is to be from the
recommendation of the Site Safety Committee only.
33. Workers'
Compensation
TAC-Construction shall instruct all contractors that it is a
term and condition of their contract that they shall ensure that all workers they
engage to work on the site are covered by New South Wales Workers' Compensation
Insurance and are aware of their responsibilities under the legislation which
is current at the time. Proof of such
insurance will be required by TAC-Construction (see clause 11, On Site
Register).
TAC-Construction shall instruct all contractors that it is a
term and condition of their contract that, provided an injured worker (or their
representative if the injured worker is unable to do so) reports an injury and
complies with claims requirements and the insurer and employer are satisfied
that such injury is compensable, the employer shall pay to the injured worker
the back payments within two days of acceptance of liability and weekly
payments of compensation will thereafter be made on normal pay days.
The employer will provide all necessary information to the
insurer within 24 hours of the injury occurring or their being notified of a
possible claim for workers' compensation.
In all other respects the provisions of the Workers' Compensation Act 1987 (as
amended) will apply.
TAC-Construction must be immediately notified of all
accidents on site. All contractors and
employees must ensure all injuries are reported in both the employer's Accident
Book and the Site Accident Book.
34. Fitness for Duty
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 the Project. Supervisors
will be responsible for reporting such incidents.
If an employee is affected by alcohol or any other drug and
is sent home to recover, they will not be paid for the lost time. Incidents concerning drugs or alcohol shall
be dealt with in accordance with the Building Trades Group of Unions Drug and
Alcohol Safety Rehabilitation Program (see Appendix 5).
Further, the parties agree that no alcohol/drugs will be
permitted on the Project.
Consultation with the relevant Site Safety Committee or
Company Consultative Committee will take place to review and monitor this
policy and compliance.
35. Top-Up/24 Hour
Income Protection Insurance
Each employer shall provide Top Up/24 Hour Income Accident
Insurance with the CTAS or other scheme with comparable benefits, provided the
rates for the comparable scheme are also comparable, to provide cover of up to
$1,200.00 per week with a 21 day waiting period for any claims.
36. Rehabilitation
In accordance with the WorkCover General Program Regulation
88 (as amended), TAC-Construction and contractors will implement their
respective rehabilitation policies.
37. Amenities
(a) Amenities as
prescribed in the relevant consent award and/or legislation and WorkCover codes
are to be provided.
(b) All lunch
sheds shall contain reverse cycle air-conditioning.
(c) Refrigerators
shall be provided in crib sheds.
(d) Outside/inside
hand washing.
(e) Each
contractor shall ensure that amenities are provided and comply with subclauses
(a), (b), (c) and (d) of this clause.
(f) Hot and cold
water shower block(s).
(g) Hot and cold
water in toilet blocks.
38. Plant and
Equipment
(a) All mobile
plant and equipment shall, prior to commencement of work on site, be certified
and have a certificate of currency as complying with the Occupational Health and Safety Act 2000 and Occupational Health and
Safety Regulation 2001.
(b) Every part of
the structure, working gear and anchoring and fixing of every crane, joist and
scaffolding winch and of all other hoisting machines, ropes and slings, whether
metal or non-metal, and gear shall, as far as is reasonable practicable, be
examined in position by a competent person:
(i) at least once
in every month; or
(ii) at such more
frequent intervals as are necessary to ensure that the hoisting machine or gear
is in safe working order (Occupational
Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001).
(c) A competent
person shall inspect all chains, ropes, slings and other gear used for hoisting
or lowering or as a means of suspension:
(i) at least once
every month; or
(ii) at such more
frequent intervals as are necessary to ensure that the scaffolding is safe.
(d) A report
signed and dated by the competent person (as defined above) shall be lodged
with TAC-Construction immediately following such inspection at intervals of not
less than one calendar month. Should
such written reports not be submitted in accordance with this clause, there
shall be no cessation of work. TAC-Construction
shall take all appropriate steps to ensure that the report is obtained or
another inspection undertaken within two working days of the expiration of the
previous certificate (Occupational Health
and Safety Act 2000 and Occupational Health and Safety Regulation 2001).
(e) All hire
cranes required on site shall come from a recognised crane yard.
(f) Crane drivers
and dogmen will be suitably qualified.
(g) When engaging
the most appropriate plant, preference will be given to plant fitted with
ergonomic R/C air filtered/conditioned cabs with Roll Over protection.
39. Union Membership
To the extent that the appropriate legislation permits,
contractors and subcontractors shall give favourable consideration to the
employment of financial members of the appropriate union respondent to this
consent award.
Union membership shall not of itself in any way limit the
operation of clause 5, Wages, of this consent award with respect to the duties
of any employee.
40. Shop
Steward/Delegates
(a) An employee
appointed as a shop steward shall, upon notification by the union to the employer,
be recognised as the accredited representative of the union to which they
belong and they shall be allowed all necessary time during working hours to
submit to the employer matters affecting the employees they represent and shall
be allowed reasonable time during working hours to attend to job matters
affecting their union.
(b) Delegates from
each union shall be allowed time off with pay for up to six days in any one
year to attend Approved Trade Union Training Schools, providing that reasonable
notice is given to the respective employer of the day or days that a course
will take place and adequate discussion in relation to the total numbers
attending has taken place with TAC-Construction.
(c) The
contractors shall ensure that, where possible, where previous arrangements have
been made with individual contractors/subcontractors for a delegate to attend
an approved Trade Union Training Course, those arrangements are upheld.
(d) Job delegates shall
be allowed access, upon request, to a telephone for union business related to
the site.
(e) Prior to
dismissal or transfer, two days' notice shall be given to any shop delegate and
their appropriate union.
(f) Payment in
lieu of notice shall not be given.
(g) In the event
of the union disputing the decision of management to transfer or terminate the
services of a shop steward, they shall remain on the job, during which time the
dispute resolution procedure prescribed in clause 44, Settlement of Disputes,
shall be invoked.
41. Shop Stewards'
Meetings
As a means of achieving better industrial relations on site,
accredited site stewards shall be entitled to attend combined site stewards'
meetings on six occasions each year during alternate months, without deduction
of pay, for a maximum period of three hours on each meeting.
The meetings shall be convened by the Peak Union Councils on
behalf of affiliated unions and shall be held on dates and commence at times to
be mutually agreed between TAC-Construction and the Peak Union Councils.
42. Meetings of
Employees
(a) Subject to
subclause (b) of this clause, one hour per month shall be allowed employees
between 11.00 a.m. and 12.00 noon to discuss union affairs at a time to be
agreed upon between the parties. Once
established, no alteration is to be made to the scheduled date and time for
such meeting unless a change is requested on behalf of all unions by the Peak
Union Councils.
(b) The granting
of time to discuss union affairs is to be reviewed by TAC-Construction every
three months, while any time lost during ordinary working hours by attendance
at unauthorised meetings shall not be paid.
(c) The right to
hold meetings as prescribed by this clause may be withdrawn at any time should
any group of employees attend meetings outside the times and dates so
prescribed.
43. Joint Monthly
Meeting
A monthly meeting shall be held between nominated shop
stewards, their union officials, Site Management (including the site safety
supervisor) and, where possible, an official of both Peak Union Councils, to
discuss site matters, with particular emphasis on accident prevention. This meeting shall be held immediately after
(where practicable) the monthly meeting of employees.
44. Settlement of
Disputes
(a) Where an
employee or the shop steward has submitted a request concerning any matter
directly connected with employment to a supervisor or a more senior
representative of management and that request has been refused, the employee
may, if they desire, ask the shop steward to submit the matter to management
and the matter shall then be submitted by the shop steward to the appropriate
executive of the employer concerned.
(b) If not settled
at this stage, the matter shall be formally submitted to a state official of
the union to the employer.
(c) If not settled
at this stage, the matter shall then be discussed between such representatives
of the union as the union may desire and the employer, who may be accompanied
by or represented by such officers or representatives of AIG as
TAC-Construction may authorise.
(d) If the dispute
is still not resolved, the Peak Union Councils shall be advised to enable the
Councils to assist in the resolution of the dispute.
(e) If the parties
fail to resolve the dispute in accordance with subclause (d) of this clause,
they shall refer it to the Industrial Relations Commission of New South Wales
for conciliation and mediation.
(f) If the
parties fail to resolve the dispute in accordance with subclause (e) of this
clause, they may, by agreement, request the Commission to assist in resolving
the matter by arbitration.
(g) Where the
procedures from subclauses (a) to (f) are being followed or where it is agreed
to proceed to arbitration, work shall continue normally. This condition shall be strictly enforced by
the Peak Councils.
(h) In the event
that a dispute appears likely to remain unresolved, or that stoppages of work,
bans and limitations have been placed on the performance of work, and the
dispute is unlikely to be resolved by resort to the procedures prescribed in
this clause, nothing in this clause shall restrict a union or contractor
referring the matter to the Industrial Relations Commission of New South Wales
for resolution.
No party shall be prejudiced as to final settlement by
the continuance of work in accordance with this subclause.
Demarcation Disputes
Settlement within the Union Movement
(i) Demarcation
disputes should be resolved by agreement between the unions concerned.
(ii) Where
agreement cannot be achieved directly between the unions concerned, the unions
will notify the Newcastle Trades Hall Council in Newcastle or The Labor Council
of New South Wales.
(iii) Affiliated
unions will not refer demarcation disputes to industrial tribunals unless there
has been a reasonable opportunity to discuss the issued within the union
movement.
(iv) Work shall
continue while a demarcation dispute is resolved on the pre-dispute basis. Any dispute as to what constitutes the
pre-dispute basis shall be referred to the Industrial Relations Commission for
determination as a threshold question and the Commission may make a
recommendation to the parties for resolution of the dispute.
45. Community Standards
The parties acknowledge that during the term of this consent
award significant changes to community standards in respect of terms and
conditions of employment may occur.
In the event that such a change/s does occur, other than to
wages and allowances, but including casual loadings, the parties to this
consent award shall discuss this change and the implications of a possible
variation to this consent award.
If the parties are unable to resolve any issue arising out
of these discussions, the issue shall be processed through the dispute
resolution procedure prescribed in clause 44, Settlement of Disputes.
This shall not constitute a re-opening of negotiations on
the terms and conditions of this consent award.
The operation of this clause is subject to no industrial
action being or having been taken by employees engaged on the project in
relation to the change.
46. Temporary
Electrical Installation
All temporary electrical installations set up by contractors
on site must conform with the following Codes of Practice under the Occupational Health and Safety Act 2000
and Occupational Health and Safety Regulation
2001:
Electrical Practices for Construction Work
Low Voltage Electrical Work
47. Testing
Electrical Equipment
All flexible extension cords, portable tools and electrical
plant used on voltages above 32 volts must be inspected, tested and tagged
monthly by a licensed electrician in accordance with details set out in the
Codes of Practice.
All extension cords, portable tools and electrical plant
brought on to the site by the contractor must bear the correct monthly tag.
Contractors are required to keep a log book of all
inspections of the equipment. The
Principal’s representative shall be able to inspect these log books on a random
basis to ensure that safety requirements are being adhered to.
Any equipment found without a valid inspection tag will be
disconnected and the contractor advised to remove the equipment from the site
until the equipment has been re-inspected and a new inspection tag
attached. No extensions of time will be
granted due to electrical equipment not having a valid inspection tag.
All temporary electrical work and installations must conform
with the Occupational Health and Safety
Act 2000 and Occupational Health and Safety Regulation 2001 and the Electrical
Safety Act 1945.
48. Entry to and
Movement Within Construction Site
The following procedures shall apply in relation to the
entry to and movement within the construction site of visiting union officials
after they have undertaken the Site Safety Induction:
(a) A union
official, on entering the site, shall advise their name and the union they
represent to the gatekeeper at the construction gate.
(b) The gatekeeper
will notify a representative of TAC-Construction of a union official’s arrival
and that representative will arrange for the union official to proceed to
TAC-Construction site office.
(c) A union
official who wishes to visit a contractor on the construction site is to notify
their intention to TAC-Construction's representative at the time of entering
the site. The contractor's manager or
his/her representative will then arrange for the official to be issued with a
Visitor's Pass.
(d) Union
officials visiting the site will be permitted to park their cars in a
designated visitors' car parking area adjacent to the site entrance. If necessary, and upon request,
transportation to various contractors' locations will be arranged by TAC-Construction’s
representative.
In the case of emergency or in circumstances where
TAC-Construction has given authority, a union official may be permitted to take
their car into the construction area.
(e) Before
entering a workplace a union official is to report to the representative of the
contractor within the construction area.
(f) A union
official is required while in the construction area to observe all safety rules
and established site policy, which includes, as a minimum, the wearing of hard
hats, adequate foot protection and safety glasses.
(g) Subject to job
requirements and authority being given by an authorised representative of a
contractor, a union official may converse with their job delegate during the
course of their visit.
(h) A union
official shall not hamper or hinder other employees during their visit.
(i) Any
contractor's representative on site shall not unreasonably withhold permission
for a union official to meet with the official's representative/members on the
site.
49. Termination Pay
In lieu of award termination and redundancy payments
otherwise payable, contractors and subcontractors shall contribute into ACIRT,
MERT or an Occupational Redundancy Fund approved by the parties an amount of
$70.00 per week per employee, in respect of each completed week of employment
at the construction site. From the
first pay period to commence on or after 20 May 2003, this amount shall
increase to $75.00 per week.
An employee engaged on site from time to time for less than
a completed week of employment shall be paid $1.90 per hour ‘flat’ for all
ordinary hours worked to a maximum of 38 ordinary hours per week, in lieu of
the required contributions on behalf of employees into ACIRT, MERT or an
Occupational Redundancy Fund approved by the parties. Such amounts are to be shown separately on the employee’s pay
advice.
50. Consent Award Not
to Be Used as Precedent
The Peak Union Councils on behalf of their affiliated unions
and the AIG on behalf of contractors agree that this consent award was made
having regard to the special circumstances existing on the Tomago Aluminium
Smelter AP22 Capacity Expansion Project Construction Site and that the contents
herein are not to be used as a precedent by either party.
51. TAC-Construction
Hand-Over - TAC Acceptance
(a) Items of
plant, equipment or areas related to the Tomago Aluminium Smelter AP22 Capacity
Expansion Project Construction Site and/or any of its systems may be accepted
by TAC upon completion at any time during the course of the construction project. Such items shall, subject to subclause (c)
of this clause, be deemed to be pre-commissioned for the purposes of this
consent award with the result that TAC employees may involve themselves with
the use and operation of such equipment and facilities.
(b) It is the
responsibility of TAC-Construction to issue a statement of practical completion
to TAC and the responsibility of TAC to issue a certificate of practical
completion. Any item of work embraced
by subclause (a) of this clause shall be clearly identified by area or by other
means (such as tags). Subsequent to
such identification all such areas, equipment, systems, faculties, etc. will
become the responsibility of TAC.
(c) It is the
responsibility of TAC to declare industrial acceptance on any item of work as
embraced in subclause (a) of this clause.
TAC reserves the right to pass back to TAC-Construction any item of work
which it determines requires major design changes after acceptance. Further, TAC reserves the right to utilise
vendors for equipment that is under warranty to modify or correct any
defects/deficiencies that may occur to the equipment once industrial acceptance
is effected.
APPENDIX 1
TOMAGO ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD
2002
TRAVEL AND/OR LIVING AWAY FROM HOME DECLARATION
Name of Applicant:
An Employee of:
Name of Employer:
make application to be classified as:
either-
A local worker
Signature of Applicant:
or-
An itinerant worker, that is, defined as an employee with no
fixed address
Signature of Applicant:
or-
A distant worker, that is, it is unreasonable for me to
return home each night
Signature of Applicant:
either-
As a distant worker, I also make application for
accommodation to be provided for me free of charge
(tick one box)
Yes —
No —
or-
As a distant worker, I also make application for excess
fares and travelling time
(tick one box)
Yes —
No —
I, the applicant, have read the Tomago Aluminium Smelter AP22
Capacity Expansion Project Consent Award 2002 (including clause 29, Living Away
- Distant Work) and understand my entitlements.
Signature of Applicant:
Date:
Recommendation by Employer:
APPENDIX 2
TOMAGO ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD
2002
SITE RULES
THE SITE RULES ARE FOR YOUR PROTECTION AND SAFETY.
ADHERENCE IS MANDATORY FOR ALL, INCLUDING TAC-CONSTRUCTION
STAFF, EMPLOYERS AND EMPLOYEES, WHILE ON SITE.
1. A breach of the
following will be considered serious and may lead to an official warning,
summary dismissal and/or legal action:
Reporting for work in an unfit condition.
Possession or use of alcohol, drugs of addiction or
non-prescribed drugs on the site is strictly forbidden.
Committing any act of violence, fighting or horseplay.
Unauthorised removal from the site of TAC,
TAC-Construction, contractors' or another employee's property.
Wilful damage to TAC, TAC-Construction, contractors' or
other employees' property.
Breach of safety rules and regulations.
Illegal gambling.
Refusal of duty.
Sleeping on the job.
Breaches of site security procedures.
Transporting personnel in vehicles in breach of RTA
regulations.
Travelling in vehicles in breach of RTA regulations.
We want you to enjoy your employment on the site and to
achieve job satisfaction. Your
assistance in maintaining project performance and behaviour standards will help
make the site a safe place to work.
2. Bag and vehicle
inspections leaving the site
From time to time you may be requested to open your bag
and or vehicle for routine inspection by the security officers at the plant
and/or construction gate. You will be
expected to allow the inspection in the interests of overall security of TAC,
TAC-Construction, contractors and employee property.
Random bag and/or vehicle inspections apply to all TAC,
TAC-Construction, contractors' staff and employees and you should not feel that
you have been treated differently from others.
3. Personal
Property
Whilst every effort is made to keep your property safe,
TAC, TAC-Construction or the contractors take no responsibility for personal
belongings left in crib huts, amenities or other parts of the site.
4. Where to park
your car
Parking is available in the construction site car
park. Employees' personal cars are not
permitted on the site.
Please take care whilst using the car park to avoid
damage to your own or other vehicles.
Signs are provided to show directions and speed limits (Low Speed / No
"Wheelies").
Always lock your vehicle whilst it is parked. TAC, TAC-Construction or the contractors
will not accept liability for theft of or from or damage to your vehicle whilst
it is parked in the car park.
5. Canvassing
Canvassing monies or goods for charity or other purpose
is not permitted on site, in the car park or outside the plant gates without
written permission from TAC-Construction.
6. Cameras
Cameras of any sort are not permitted on the plant or
site without prior written permission from TAC-Construction.
7. Mobile
Phones, Radios and Records
Mobile phones and radios are permitted to be used in
crib sheds only and must not be used on site whilst driving or operating any
type of vehicle or equipment.
8. Firearms
Firearms are not permitted on site under any
circumstances.
9. Animals
No animals are permitted on site.
10. Fire-fighting
Equipment
Any employee found to have misused fire extinguishers
or fire-fighting equipment will be subject to summary dismissal.
11. Shirts and
Trousers
Proper long-sleeved shirts in designated areas must be
worn at all times on site.
12. Plant Area
Employees are not permitted in the existing plant areas
without authorisation.
TAC-Construction reserves the right to amend the site
rules as deemed necessary during the duration of the consent award of which
this document forms part.
APPENDIX 3
TOMAGO ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD
2002
INTERFACE AGREEMENT
Following discussions between the Australian Industry Group,
and the Labor Council of New South Wales and the Newcastle Trades Hall Council,
on behalf of affiliate trade unions, it is agreed that during construction
activities for the expansion of the AP22 Capacity Expansion Project members of
affiliate trade unions will not make any claims or take any action on behalf of
their members employed as maintenance or production workers at Tomago Aluminium
Smelter which would extend or allow construction wage rates or conditions to
flow to such employees.
The parties to this Interface Agreement expect that normal
Smelter expansion/activity will continue uninterrupted (as will normal
industrial activities between Smelter management and affiliate trade unions,
namely the AMWU, AWU and CEPU) and remain separate from construction work.
APPENDIX 4
TOMAGO
ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD 2002
AUTHORITY
TO OBTAIN FROM DIMA DETAILS OF IMMIGRATION STATUS
I
(Family Name)
|
Given Names:
|
Date of Birth:
|
Nationality:
|
Visa Number:
|
Passport Number:
|
authorise the Department of Immigration and Multicultural
Affairs (DIMA) to release by fax to:
|
Name of Employer Representative:
|
details of my immigration status and entitlement to work
legally in Australia.
|
This information will only be made available to a
representative of the Principal at the Tomago Aluminium Smelter AP22 Capacity
Expansion Project and authorised trade union officer on request.
|
I also understand that the abovenamed will only use this
information for the purpose of establishing and verifying only my legal
entitlement to work in Australia and for no other purpose.
|
Signed:
|
Dated:
|
Name of Employer:
|
Phone No:
|
Fax No:
|
Please send or fax this form to:
|
The Department of Immigration and Multicultural Affairs
|
Phone: (02) 9258 4730
|
Fax: (02) 9258 4763
|
APPENDIX 5
TOMAGO ALUMINIUM SMELTER AP22 CAPACITY EXPANSION PROJECT CONSENT AWARD
2002
BUILDING TRADES GROUP OF UNIONS DRUG AND ALCOHOL SAFETY REHABILITATION
PROGRAM
POLICY AND PROGRAM
OUTLINE
1. Principle
People dangerously affected by alcohol and/or other
drugs are a safety hazard to themselves and all others present in the
workplace.
2. Focus
(a) Site safety
and involvement of the Site Safety Committee.
(b) Peer
intervention and support.
(c) Rehabilitation.
3. Objectives
(a) To inform workers
of the Building Trades Drug and Alcohol Safety and Rehabilitation Program and
to have the program adopted as site policy.
(b) To increase
the awareness of workers of the harmful effects of drugs and alcohol, both in
the workplace and society.
(c) To provide
Site Safety Committees with the skills to effectively intervene in the event of
unsafe work practices caused by alcohol and/or other drugs.
(d) To inform
workers of the availability of drug and alcohol referral/assessment and
treatment services.
PROGRAM POLICY
1. A person who
is dangerously affected by drugs or alcohol will not be allowed to work until
that person can work in a safe manner.
2. The decision
on a person's ability to work in a safe manner will be made by the Safety
Committee or, on projects with no Safety Committee, by a body of at least equal
numbers of employee/employer representatives.
3. There will be
no payment of lost time to a person unable to work in a safe manner.
4. If this
happens three times, the worker shall be given a written warning and made aware
of the availability of treatment/counselling.
If the worker refuses help, he/she may be dismissed the next time he/she
is dangerously affected.
5. For the
purposes of disciplinary action a warning shall be effective for a period of 12
months from the date of issue.
6. A worker
having problems with alcohol and or other drugs:
Won't be sacked if he/she is willing to get help.
Must undertake and continue with recommended treatment to
maintain the protection of this program.
Will be entitled to sick leave or leave without pay
while attending treatment.
GUIDELINES FOR SAFETY
COMMITTEES
What To Do On Building Sites
1. Worksite
Discussions
(a) All Safety
Committee members should complete the Building Trades Group of Unions Drug and
Alcohol Committee Course on drug and alcohol safety in the workplace. This can be presented on your site or as
part of an approved four day safety training course. It should be co-ordinated with the Building Trades Group of
Unions Drug and Alcohol Project Officer.
(b) Have the
policy endorsed by the workers.
(c) The policy
should be raised and discussed at every available opportunity, e.g. mass
meetings, safety meetings, etc.
(d) Make sure all
workers on site are aware of the policy.
(e) Make sure that
all Drug and Alcohol Committee resources, i.e. posters, stickers etc., are
clearly displayed on site.
2. Worksite
Alcohol/Drug Problems
If A Worker Appears To Be Affected By Alcohol Or Drugs
To Such A Degree That He/She Is A Safety Hazard:
The Chairman and at least one other member of the
Safety Committee should ask the affected worker to leave the site because the
safety of the site and other workers is being put at risk.
Avoid using judgemental terms like "You're too
drunk" or "You're too stoned"; the worker is simply unsafe.
Be brief, firm and calm and don't be provoked into a
debate with the affected worker. Avoid
confrontation. Tell the worker you will
speak to him/her when he/she returns to work unaffected.
Keep your emphasis on the safety factor and the risks
to the worker and his/her workmates.
Make suitable arrangements to ensure the worker gets
home safely.
If There Is No Co-Operation From The Affected Worker:
The Chairman and Co-Chairman of the Safety Committee
must notify the delegate and the employer.
If further persuasion fails, the area near the affected
worker should be declared unsafe and the affected workers' union official
notified.
The Involvement Of The Site Delegate Is Essential In
This Process, As The Affected Worker Will Not Be Paid For Any Period Of
Disruption Or Absence.
3. After The
Incident
When The Worker Returns To Site Unaffected By Alcohol
Or Drugs, The Safety Committee Should Provide Information About Treatment Or
Counselling If Necessary. This May
Include:
Assistance of the Building Trades Group of Unions Drug
& Alcohol Committee.
Alerting the worker to the availability of treatment
through the recognised drug and alcohol agencies.
Informing the worker that agreement to have treatment
means accrued sick leave can be used or an application for sickness benefits
can be made.
4. Further
Incidents
The disciplinary procedure is followed, i.e. one more verbal
and one more written warning.
The employer should be aware of any intervention that
results in lost time. Any action re.
dismissal/transfer should be closely monitored to ensure adherence to the
policy.
In the case of dismissal/transfer ensure the worker has
treatment and counselling information.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.