BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1433)

SERIAL C0597

JACKSONS LANDING PROJECT AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

(No. IRC 1089 of 2001)

Before Commissioner O'Neill

8 June 2001

REVIEWED AWARD

1.� Introduction

The Parties to this Award acknowledge that enterprise bargaining is an appropriate way for employers and employees (and their representatives) to settle fair terms and conditions of employment.� The Parties acknowledge and agree that the integrity of enterprise agreements and awards must be maintained.

The Parties also acknowledge that the building industry has special features which may require the Parties to enter agreements applicable to that project.� This Award is intended to supplement existing enterprise agreements and be a framework document to assist Lend Lease Interiors in management of Project specific issues.� It is recognised that this award is not intended to extend the traditional coverage of the Union Parties nor is it intended to cover works not within the scope of work to be performed by Lend Lease Interiors under its contract with its client.

2.� Arrangement

Clause No.�� Subject Matter

1.�� Introduction

2.�� Arrangement

3.�� Objectives

4.�� Definitions

5.�� Application

6.�� Duration

7.�� Industry Standards

8.�� Environment, Health, Safety and Rehabilitation

8.1�� Induction

8.2�� Environment, Health and Safety Plans

8.3�� The Safety Committee

8.4�� Implementation of this Clause

9.�� Dispute Resolution

9.1�� Employer Specific Disputes

9.2�� Project Wide Disputes

9.3�� Demarcation Disputes

10.�� Monitoring Committee

11.�� Productivity Initiatives

11.1�� Learning Initiatives

11.2�� Inclement Weather

11.3�� The Site Management Plan

11.4�� Rostered Days Off

11.5�� Maximising Working Time

11.6�� Project Wide Communication Meetings

12.�� No Extra Claims

13.�� No Precedent

14.�� Single Bargaining Unit

15.�� Anti-Discrimination

16.�� Personal/Carers Leave

Execution

Annexure A (Parties)

Annexure B

3.� Objectives

The Parties agree to continue to develop and implement the following objectives in respect of the following five key areas on the Project:

3.1�� Work Organisation:

(a)�� Implementation of forms of work organisation which encourage the use and acquisition of skills and continual learning;

(b)�� Continued development of more effective management practices;

(c)�� Continued development of communication processes which facilitate participation by all Employers and Employees;

(d)�� Introduction of new technology and associated change to enhance productivity;

3.2�� People Development/Skills: Provision of a career structure for all Employees based on skills and competencies;

3.3�� Environment & Safety:

(a)�� Provision of high standards of occupational health & safety on the Project;

(b)�� Improved impact of the Project on the environment.

3.4�� Quality:

(a)�� Workmanship of the highest standard possible with the aim of zero defects.

3.5�� Generally

(a)�� Implementation of this Award, and compliance with statutory provisions;

(b)�� Elimination of unproductive time.

4.� Definitions

"Award" means this Jacksons Landing Project Award made between the Parties.

"Parent Award" means each of the National Building and Construction Industry Award 1990, the Plumbing Industry (NSW) Award, Plumbers & Gasfitters (State) Award (NSW), Sprinkler Pipe Fitters Award 1975, Electrical Contracting Industry (State) Award 1992 and the National Metal & Engineering On-site Construction Industry Award 1989.

"Code of Practice" means the New South Wales Government Code of Practice for the Construction Industry.

"Employee" means a person engaged by an Employer and who performs work on the Project.

"Employer" means Civil & Civic or any subcontractor engaged by Civil & Civic to work on the Project who is named in Part 1 of Annexure A plus any other subcontractors engaged by Civil & Civic to work on this Project who agree to be bound by the terms and conditions of this Award.

"Enterprise Agreement" means an agreement registered or certified under the Workplace Relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996 (NSW).

"Monitoring Committee" means the committee established under clause 10 of this Award.

"Occupational Health and Safety Policy" means either of the plan or policy devised and implemented by the Site Manager for the Project (as amended from time to time).

"Practical Completion" means the works have been fully completed including the rectification of all faults, omissions, shrinkages or other defects except for minor faults, omissions, shrinkages or other defects (all of which must be minor and which do not prevent the works from being reasonably capable of being used for its intended purposes).

"Program Milestones" means the milestones listed in Part 2 of Annexure B as amended by the Site Manager from time to time.

"Project" means the works contracted to Civil & Civic Pty Limited at Lot 94, DP868 828 at Pyrmont, Sydney.

"Safety Committee" means the site safety committee formed under the Occupational Health and Safety Act 1983 (NSW).

"Site Manager" means the site manager for the Project appointed by Civil & Civic from time to time.

"Site Management Plan" means the plan annexed and marked Annexure C.

"Status Quo" means the conditions existing prior to the parties entering into a dispute.

"Scheduled Milestones" means those targets described in Part 1 of Annexure B as amended under Clause 7.6 from time to time.

"Unions" means each of the Unions listed in Part 2 of Annexure A.

5.� Application

(a)�� Subject to clause 5 (c), this Award will apply to work done on the Project by the Employees for the period the Employer engages the Employees to work on the Project.

(b)�� Nothing in this Award shall prevent an Employer from negotiating an Enterprise Agreement.

(c)�� Despite any other term of this Award, the Parties agree that the integrity of individual Enterprise Agreements will be maintained and that where Employers have entered an Enterprise Agreement, the provisions of that Enterprise Agreement will continue to apply to the Employer and its Employees on the Project.

(d)�� The Parties agree that where any term or condition in this Award is inconsistent with a term or condition in an Enterprise Agreement, the terms of the Enterprise Agreement will override the terms of this Award to the extent of any inconsistency provided the greater entitlement of any inconsistency shall apply.� The Parties agree that there is to be no "double dipping", in the event that the provisions in an Enterprise Agreement cover the benefits provided for in this Award but packaged differently.

(e)�� The Parties acknowledge that they may be required to enter additional agreements on similar terms as this with other subcontractors not included in the list of Employers in Annexure A.

(f)�� By entering this Award, the Parties intend to enter legal relations and acknowledge and agree that the terms of this Award will create a binding contract.

(g)�� The Parties also acknowledge and agree that the terms of this Award form part of the tender conditions for work on this Project.

(h)�� The parties acknowledge and agree that this Award will be terminated by agreement and cease to apply if the contract between Civil & Civic and its client is terminated or if the client does not enter a contract or contracts with Civil & Civic to enable to work to proceed.

6.� Duration

This Award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Jackson's Landing Project Award published 5 May 2000 (315 I.G. 522).

The Award published 5 May 2000 took effect from 13 November 1998.

The changes made to the Award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on and from 8 June 2001.

The Award remains in force until varied or rescinded, the period for which it was made having already expired.

7.� Industry Standards

7.1�� Superannuation and Redundancy: The Employer must comply with its award, Enterprise Agreement or legislative obligations in respect of superannuation and redundancy.

(a)�� The Parties acknowledge that the Unions have proposed that the following contributions be made to the superannuation fund nominated in the relevant Awards.

(i)�� $50.00 per week from 1 October 1997;

(ii)�� $55.00 per week from 1 March 1998; and

(iii)�� $60.00 per week from 1 October 1998.

(b)�� The Parties further acknowledge that if an Employer is bound to contribute to ACIRT or MERT, the Unions also propose that contributions be made by Employers to ACIRT or MERT in the amount of $45.50 per week from 1 March 1998.� ($50.50 per� week from 1 September 1999).

(c)�� The Parties agree that provided that making the contributions listed in 7.1 (a) and 7.1 (b) does not conflict with the Employers Enterprise Agreement, the Employers employing Employees eligible to be members of the Unions will make the contributions listed in clauses 7.1 (a) and (b) for the period of time the Employees are working on the Project.

7.2�� Top Up/24 Hour Income Protection Insurance: Each Employer will provide Workers Compensation Top-Up / 24 Hour Income Accident Insurance with CTAS scheme or other similar scheme offered by an alternative agreed provider.

7.3�� Productivity Allowance:

(a)�� Provided the Scheduled Milestones and the Program Milestones are met, the Employer will pay a productivity allowance for each hour worked on the Project.

(b)�� The maximum amount paid as productivity allowance under this Award is $1.50 per hour worked.

(c)�� The Site Manager will determine whether the Scheduled and Program Milestones have been achieved and if the Scheduled Milestones have been met, the Site Manager will advise the Employers and the Monitoring Committee accordingly.

(d)�� When deciding whether to pay the productivity allowance, the Site Manager may recommend part-payment of the allowance based on part-performance of the Scheduled Milestones or the Program Milestones.

7.4�� Payment of the Productivity Allowance

(a)�� The productivity allowance: The Parties agree that the productivity allowance is paid only if the Scheduled Milestones and the Program Milestones are met.

The Milestones are comprised of two (2) elements:

(i)�� works completed against the Program Milestones; and

(ii)�� works completed to the Scheduled Milestones.

(b)�� Program Milestones

The Parties agree to use their best endeavours to meet or exceed the Program Milestones. Each Employee shall be entitled to be paid the completion to schedule component of the productivity allowance.

The completion to schedule component of the productivity allowance shall be calculated and paid as follows:

the Site Manager will review the works monthly and will verify the achievement of the Program Milestone;

the Site Manager will advise the client as to whether the relevant Program Milestone has been achieved;

if the relevant Program Milestone is met the maximum payment shall be $1.00 per hour for each hour of time worked;

payment shall be made as part of weekly wages.

In the event that a Program Milestone is not achieved, the Monitoring Committee shall meet with the Site Manager to determine:

(i)�� the reason why the milestone target was not achieved;

(ii)�� the action required to catch up to the next milestone target.

If a Program Milestone is not achieved for two consecutive months:

(i)�� the completion to program schedule component of the productivity allowance shall cease being paid; but

(ii)�� if in a following period work catches up to the Schedule, the completion to program schedule component shall recommence, and shall include payments for the preceding period(s) not paid.

(c)�� Payment for Completion of Scheduled Milestones

In addition to the completion to schedule component, a further payment shall be paid on achievement of project Scheduled Milestones as listed in Part 1 of Annexure B.

This payment shall be calculated and paid as follows:

(i)�� payment of 50c per hour paid in a lump sum to each Employee engaged on-site within 14 days of the achievement of the identified Schedule Milestone.

(ii)�� Payment shall be calculated on an hours worked basis only and shall not include any calculation of award or other entitlements.

(iii)�� The Parties agree that achievement of the identified Schedule Milestone Nos 2, 3, 4, 5, 6, 7, 8 and 9 shall be determined by Civil & Civic's client and the Labor Council of New South Wales in conjunction with the Unions.

(iv)�� If a Scheduled Milestone date is not achieved and there are no extenuating circumstances(s) acceptable to the Site Manager, then no Scheduled Milestone payment will be made.

(v)�� If in the following period(s) work catches up to allow achievement of the subsequent Scheduled Milestone(s) then a payment shall be made and shall include payment(s) for the preceding Scheduled Milestone.

(vi)�� In the event that an Employee ceases work on-site or does not maintain uninterrupted employment on the project prior to payment against achievement of Milestone targets then, subject to Schedule Milestones having been achieved, the Employee concerned shall receive pro rata payment of 50c for each hour worked on site, accumulated broken employment on-site shall be paid to the nearest hour.

(d)�� Transport Drivers: The Parties agree that the Award does not apply to off site or purely incidental activities such as delivery of site materials or couriers. This Award will apply to Transport Drivers who are employed by an Employer if the relevant Employer makes deductions from the remuneration of that Transport Driver in accordance with the "Pay As You Earn" provisions of the Income Tax Assessment Act 1936.� The Parties agree that if the Award does apply to any Transport Driver, he or she will only receive the project productivity allowance of $1.50 per hour after he or she is required, by their Employer to remain on the Project for longer than two hours in any calendar day.

7.5�� Changing the Program and Scheduled Milestones: The Parties agree that the Scheduled and Program Milestones must be updated throughout the life of the Project and that the Monitoring Committee will meet at regular intervals and with the Site Manager, agree and set new Schedule and Program Milestones.

8.� Environment, Health, Safety and Rehabilitation

8.1�� Induction

(a)�� All Employees must attend an agreed EHS&R induction course as and when required.

(b)�� The Parties recognise the OHS&R induction training provided by TETA for casual and permanent transport workers.

8.2�� Environment, Health and Safety Plans: All Employers must submit an environment, health and safety management plan to Lend Lease Interiors.� These plans should include evidence of :

(a)�� risk assessment of their works;

(b)�� hazard identification, prevention and control;

(c)�� planning and re-planning for a safe working environment;

(d)�� induction of Employees;

(e)�� monitoring performance and improvement of work methods;

(f)�� reporting of all incidents;� and

(g)�� regular EH&S meetings, inspections and audits of the Project.

8.3�� The Safety Committee: The Safety Committee will be properly constituted and will abide by the agreed procedures as defined in its constitution and as revised from time to time.� The Safety Committee may invite the Union to attend any Safety Committee meeting or site inspection.

8.4�� Implementation of this Clause

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

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

(c)�� The Parties agree that pursuant to clause 6.3 of the Code of Practice, in the event that an unsafe condition exists, work is to continue in all areas not affected by that condition and that employers may direct employees to move to a safe place of work.

9.� Dispute Resolution

One of the aims of this Award is to eliminate lost time in the event of a dispute and to achieve prompt resolution of any dispute.

9.1�� Employer Specific Disputes: In the event of a dispute or conflict occurring specifically between an Employer and its Employees or their representative Union, the following procedure will be adopted:

(a)�� Discussion between those directly effected.

(b)�� Discussion between site management representatives of the Employer and the Union delegate.

(c)�� Discussion between senior management of the Employer, Lend Lease Interiors and the appropriate Union official.

(d)�� If the dispute is not resolved after step (c), the Employer or the Union may notify the dispute to the Australian Industrial Relations Commission (if the Employer’s Enterprise Agreement is registered under the Workplace Relations Act 1996 (Cth)) or the Industrial Relations Commission of New South Wales (if the Employer’s Enterprise Agreement is registered under the Industrial Relations Act 1996 (NSW) and request that the relevant Commission resolve the dispute pursuant to its powers set out in the applicable legislation.

(e)�� The Status Quo shall remain and work shall continue without interruption or dislocation during discussion and resolution of disputes.

9.2�� Project Wide Disputes: In the event of a dispute or conflict effecting more than one Employer occurring, the following procedure will be adopted:

(a)�� Discussion between those directly effected.

(b)�� Discussion between site management representatives of Civil & Civic and the Union delegate.

(c)�� Discussion between site management representatives of Civil & Civic and the Union organiser.

(d)�� Discussion between senior management of Civil & Civic and the appropriate Union official.

(e)�� Discussion between the Secretary of the relevant Union (or nominee) and Civil & Civic NSW Branch Manager (or nominee).

(f)�� If the dispute is not resolved after step (e), the Employer may notify the dispute to the Australian Industrial Relations Commission (if the Employers Enterprise Agreement is registered under the Workplace Relations Act 1996 (Cth) or the Industrial Relations Commission of New South Wales (if the Employers Enterprise Agreement is registered under the Industrial Relations Act 1996 (NSW)).

(g)�� The Status Quo shall remain and work shall continue without interruption or dislocation during discussion and resolution of disputes.

9.3�� Demarcation Disputes: In the event that a dispute arises which cannot be resolved between the relevant Unions, the Unions agree to the following dispute settling procedure:

(a)�� Work shall continue without interruption or dislocation during discussion and resolution of disputes.

(b)�� Discussion between the Labor Council of New South Wales and the Unions to try to resolve the dispute.

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

10.� Monitoring Committee

(a)�� The Parties will establish a committee to monitor the success of this Award.

(b)�� This Monitoring Committee will meet at the commencement of construction and then at monthly intervals or as required during construction on Project.

(c)�� The Monitoring Committee will consider ways in which the aims and objectives of this Award which can be enhanced, may include, but not be limited to discussion of:

developing more flexible ways of working;

enhancing occupational, health and safety;

productivity plans;� and

inserting new Scheduled Milestones into Annexure B.

If the principles of this Award are not being followed, the Committee will develop a plan in consultation with the Parties, to implement the intent of the Award.

(d)�� The Monitoring Committee will meet at three monthly intervals or as required to review existing milestones and will set new milestones as appropriate during the course of this Award.

11.� Productivity Initiatives

11.1�� Learning initiatives: Each Employer shall be required to demonstrate to Civil & Civic implementation of commitment to skill enhancement and workplace reform while working on the Project.

11.2�� Inclement weather: The parties to the Award will collectively proceed towards the minimisation of lost time due to inclement weather.

Further, the Parties undertake to adopt the following principles with regard to inclement weather and idle time created by inclement weather:

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

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

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

(d)�� All Parties are committed to an early resumption of work following any cessation of work due to inclement weather;

(e)�� The Parties agree the practice of "one out, all out" will not occur.

11.3�� The Site Management Plan:

(a)�� The Parties agree that the Site Management Plan ("the Plan") is of paramount importance to the productive and efficient operations of the Project.

(b)�� The Parties agree that they will comply with the Plan.

(c)�� The Plan consists of sub-plans covering the following areas;

deliveries, materials handling and personnel movement;

pedestrians, visitors and members of the public;

existing tenants and neighbours;

protection of existing trees;

construction noise;

hours of work;

waste management and clean up;

behaviour on site.

(d)�� If the Site Manager considers that an Employee or Employer has committed a serious breach of the plan, the Site Manager will discuss this matter with the relevant Employer and Union.� After this discussion the Site Manager may recommend that the Employee/Employer be removed from the Project.

11.4�� Rostered Days Off: It is agreed that a procedure for increasing the flexibility of Rostered Days Off (RDOs) will be implemented on the Project.

With the purpose of:

(a)�� increasing the quality of working life for Employees;� and

(b)�� increasing the productivity of the Project.

A roster of RDOs will be prepared, following consultation with the Monitoring Committee, agreement of the individuals involved and their respective union.

Records of each Employee’s RDO status will be maintained by their Employer and made available to the Employee, the Employee’s delegate or union official upon request.

11.5�� Maximising Working Time:

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

11.6�� Project Wide Communication Meetings: The Parties acknowledge that Project wide communication meetings may disrupt productive work and agree that the Unions will update their members through the Monitoring Committee.

12.� No Extra Claims

The Parties agree that they will not pursue extra claims in respect of matters covered by this Award (including but not limited to any claim for a disability allowance) during the term of this Award.

13.� No Precedent

The Parties agree not to use this Award as a precedent and that this Award will in no way create a claim for flow-on of on-site wage rates and conditions.

14.� Single Bargaining Unit

This Award was negotiated by the Labor Council of New South Wales on behalf of the Unions and by Civil & Civic in its own right and on behalf of the Employers.

15.� Anti-Discrimination

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

(2)�� It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable 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 award which, by its terms or operation, has a direct or indirect discriminatory effect.

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

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

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

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

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

(d)�� a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

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

16.� Personal/Carers Leave

16.1�� Use of Sick Leave:

16.1.1�� An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 16.1.3 (ii) 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, 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.

16.1.2�� 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.

16.1.3�� The entitlement to use sick leave in accordance with this subclause is subject to:

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

(ii)�� the person concerned being

(a)�� a spouse of the employee; or

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

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

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

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

(1)�� "relative" means a person related by blood, marriage or affinity;

(2)�� "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

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

16.1.4�� 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.

16.2�� Unpaid Leave for Family Purposes

16.2.1�� 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 16.1.3 (ii) above who is ill.

16.3�� Annual Leave:

16.3.1�� An employee may elect, with the consent of the employer and 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.

16.3.2�� Access to annual leave, as prescribed in paragraph 16.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

16.3.3�� 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.

16.4�� Time Off in Lieu of Payment for Overtime:

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

16.4.2�� Overtime taken as time off during ordinary-time hours shall be taken at the overtime rate, that is an hour for each hour worked.

16.4.3�� If, having elected to take time as leave in accordance with paragraph 16.4.1 above, 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.

16.4.4�� Where no election is made in accordance with paragraph 16.4.1 the employee shall be paid overtime rates in accordance with the award.

16.4.5�� For the purpose only of providing care and support for a person in accordance with clause 16.1 above, the following provisions shall apply.

16.5�� Make-up Time:

16.5.1�� 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 for in the award, at the ordinary rate of pay.

16.5.2�� 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.

16.6�� Rostered days off:

16.6.1�� An employee may elect, with the consent of the employer, to take a rostered day off at any time.

16.6.2�� An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

16.6.3�� An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating 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.

16.6.4�� 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 RDO flexibility, and providing a reasonable opportunity for the unions to participate in negotiations.

Execution

Signed for and on behalf of the Labor Council of New South Wales by: