JOHN HOLLAND/LAHEY JOINT VENTURE - UNIONS

NEW SOUTH WALES MID NORTH COAST

CORRECTIONAL CENTRE PROJECT AWARD 2002

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Master Builders' Association of New South Wales, an industrial organisation of employers.

 

(No. IRC 7193 of 2002)

 

 

AWARD

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Introduction

3.         Objectives

4.         Definitions

5.         Application

6.         Duration

7.         Industry Standards

            7.1        Superannuation and Redundancy

            7.2        Top-Up/24-Hour Income Protection Insurance

            7.3        Productivity Incentive Payment

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

            8.1        Induction

            8.2        Environment, Health, Safety and Rehabilitation

            8.3        The Safety Committee

            8.4        Safety Procedures

            8.5        OH&S Industry Induction

            8.6        Formwork Safety

            8.7        Temporary Power/Testing and Tagging

9.         Dispute Resolution

            9.1        Employer-Specific Disputes

            9.2        Project-Wide Disputes

9.3        Agreement Disputes

9.4        Demarcation Disputes

10.       Monitoring Committee

11.       Productivity Initiatives

            11.1      Inclement Weather

            11.2      Rostered Days Off

            11.3      Maximising Working Time

            11.4      Hours of Work

12.       Immigration Compliance

13.       Long Service Compliance

14.       No Extra Claims

15.       No Precedent

16.       Union Rights

            16.1      Visiting Union Officials

            16.2      Workplace Delegates

            16.3      Union Membership

            16.4      Site Delegate

17.       Australian Content

18.       Protective Clothing

19.       Workers' Compensation and Insurance Cover

20.       Apprentices

21.       Training and Workplace Reform

22.       Project Death Cover

23.       Anti-Discrimination

24.       Personal/Carer's Leave

            24.1      Use of Sick Leave

            24.2      Unpaid Leave for Family Purpose

            24.3      Annual Leave

            24.4      Time Off in Lieu of Payment for Overtime

            24.5      Make-up Time

            24.6      Rostered Days Off

25.       Enterprise Bargaining Agreements

26.       Observance of Award and Statutory Requirements

27.       Aboriginal Participation

 

Annexure A - Parties

Annexure B - Authority to Obtain from DIMA Details of

Immigration Status

Annexure C - Mid North Coast Centre Project Target

Program Milestones

 

2.  Introduction

 

The parties also acknowledge that the building industry has special features which may require the parties to enter into agreements applicable to a particular project.  This award is intended to assist the employers 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 works given to John Holland/Lahey Joint Venture by their client.

 

3.  Objectives

 

3.1        The objective of this award is to provide a framework to assist management of Project-specific issues.  Parties will pursue this objective by way of action in the following areas:

 

3.1.1                 Implementation of forms of work organisation which encourage the use and acquisition of skills and continual learning;

 

3.1.2                 Continued development of more effective management practices;

 

3.1.3                 Continued development of communication processes which facilitate participation by all employers, employees and unions;

 

3.1.4                 Introduction of new technology and associated change to enhance productivity;

 

3.1.5                 Improved quality of work;

 

3.1.6                 Increased scope of subcontract work packages to promote genuine skills enhancement and acquisition by employees;

 

3.1.7                 Provision of a career structure for all employees based on skills, competencies and increased job satisfaction;

 

3.1.8                 Provision of high standards of occupational health and safety on the Project;

 

3.1.9                 Improved impact of the Project on the environment;

 

3.1.10               Implementation of this award and compliance with all relevant statutory provisions;

 

3.1.11               Elimination of unproductive time;

 

3.1.12               Improved compliance by subcontractors with the provisions of applicable awards and/or enterprise agreements and legislative requirements;

 

3.1.13               Improved wages and conditions for all employees working on the Project;

 

3.1.14               Increased leisure time for employees by eliminating excessive hours of work;

 

3.1.15               Enhancing job opportunities for persons who have a legal right to work, including persons who wish to take on apprenticeships or traineeships;

 

3.1.16               Adoption of a co-operative and non-adversarial approach to industrial relations issues;

 

3.1.17               Commitment to positive Project outcomes, including completion within budget and in accordance with Target Program Milestones;

 

3.1.18               Commitment to the New South Wales Government's Code of Practice for the Construction Industry.

 

4.  Definitions

 

"Award" means this Mid North Coast Correctional Centre Project Award 2002 made between the parties.

 

"John Holland/Lahey Joint Venture" means John Holland/Lahey Joint Venture of 235 Pyrmont Street, Pyrmont, NSW, 2009.

 

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

 

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

 

"Employer" means John Holland/Lahey Joint Venture and/or any subcontractor engaged by John Holland/Lahey Joint Venture to work on the Project, including subcontractors' respective subcontractors plus other subcontractors engaged by John Holland/Lahey Joint Venture and/or subcontractors for this Project post award signing.

 

"Enterprise agreement" means an agreement registered or certified under the Workplace Relations Act 1996 or approved under the Industrial Relations Act 1996.

 

"EHS&R" means Environment Health Safety and Rehabilitation.

 

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

 

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

 

"Parties" means the employers and the unions referred to in Annexure A to this award.

 

"Completion" means the completion of the Project as specifically defined under the Head Contract between John Holland/Lahey Joint Venture and its client.

 

"Program Milestones" means the milestones listed in Annexure C to this award as amended by the Monitoring Committee from time to time.

 

"Project" means works within the scope of the Design and Construction works contracted to the John Holland/Lahey Joint Venture at Aldaville Road, West Kempsey.

 

"Project Manager" means the Project Manager (Delivery) for the Project appointed by John Holland/Lahey Joint Venture from time to time.

 

"Safety Committee" means the site Safety Committee formed under the Occupational Health and Safety Act 2000.

 

"Unions" means each of the unions listed in Part 2 of Annexure A to this award.

 

5.  Application

 

5.1        This award will only apply to the Design and Construction component of the Project for work done on the Project by the employees for the period the employer engages the employees to work on the Project.

 

5.2        Where John Holland/Lahey Joint Venture engages subcontractor/s, it shall make it a condition of any contract that it enters into with its subcontractor/s that they will not employ or otherwise engage persons on wages and conditions which are less favourable than those set out in this Project award.

 

5.3        The parties also acknowledge and agree that the terms of this award form part of the tender conditions for work on this Project.

 

5.4        This award is generally intended to supplement and co-exist with the terms of existing enterprise agreements and awards and its primary purpose is to provide a framework for the employers, the Labor Council of New South Wales and the unions to manage those issues on the Project which affect more than one employer.

 

5.5        This award has no application whatsoever to the Maintenance component of the Joint Venture’s Head Contract.

 

6.  Duration

 

6.1        This award shall operate on and from 19 December 2001 until completion.

 

7.  Industry Standards

 

7.1        Superannuation and Redundancy

 

7.1.1     John Holland/Lahey Joint Venture shall ensure that all employers engaged on the Project contribute on behalf of employees working on the Project to the Construction and Building Unions Superannuation Scheme or other approved fund, at a rate not less than that determined under the Superannuation Guarantee (Administration) Act 1992 of 9%, which is to be calculated on the award hourly rate or EBA rate of pay (ordinary hours of work), Travel Allowance, Shift Allowance, any applicable special rates and Productivity Allowance.

 

7.1.2     John Holland/Lahey Joint Venture shall ensure that all employers engaged on the Project contribute on behalf of employees working on the project to the Australian Construction Industry Redundancy Trust (ACIRT) or other approved trusts, at a rate not less $45.00 per week.

 

7.2        Top-Up/24-Hour Income Protection Insurance

 

7.2.1     Each employer will provide Workers' Compensation Top-Up/24-Hour Income Accident Insurance with the CTAS scheme or other similar schemes which are approved by the parties.

 

7.3        Productivity Incentive Payment

 

7.3.1     The employer will pay a Productivity Incentive Payment for persons engaged on the Project of $1.70 for each hour worked on the Project, in exchange for the productivity work practices detailed within this award and the achievement of Program Milestones listed in Annexure C to this award.

 

7.3.2     The Productivity Incentive Payment shall be paid at a flat rate and shall not attract any premium or penalties.

 

7.3.3     A $1.00 component of the $1.70 per hour Productivity Incentive Payment will be made progressively in arrears to all employees engaged on the Project.

 

7.3.4     The balance $0.70 component of the $1.70 per hour Productivity Incentive Payment will be paid to each employee as a lump sum within 14 days after the achievement of each Target Program Milestone.

 

7.3.5     The Productivity Incentive Payment referred to in this clause is in addition to and outside of any "Productivity Allowance" stipulated in regional EBAs.  For the purposes of this award, the Productivity Allowance provided for within regional EBAs is deemed to include for all allowances pursuant to clause 24 of the National Building and Construction Award 2000.

 

7.3.6     Transport Drivers

 

7.3.6.1              Employees - Rate of Pay

 

It is further agreed that any transport worker carrying our work relating to the Project will be paid, in addition to his/her award or enterprise agreement rate of remuneration, any applicable Project Productivity Allowance, provided that the driver had had a regular involvement of two hours or more on any day with the project.

 

7.3.6.2              Contract Carrier

 

The parties agree that all contract carriers involved in the transport industry shall be paid the rates of pay applicable under the Transport Industry Excavated Materials Contract Determination for the cartage of materials to, on and from the site.

 

7.3.6.3              GST

 

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

 

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

 

8.1        Induction

 

8.1.1     All employees must attend an agreed EHS&R site induction course on commencement of engagement on site.

 

8.2        Environment, Health, Safety and Rehabilitation (EHS&R)

 

8.2.1     All employers must submit an environment, health safety and rehabilitation management plan in accordance with relevant legislation.  These plans should include evidence of:

 

8.2.1.1              Risk assessment of their works;

 

8.2.1.2              Hazard identification, prevention and control;

 

8.2.1.3              Planning and re-planning for a safe working environment;

 

8.2.1.4              Industry and trade specific induction of employees;

 

8.2.1.5              Monitoring performance and improvement of work methods;

 

8.2.1.6              Reporting of all incidents/accidents;

 

8.2.1.7              Compliance verification; and

 

8.2.1.8              Regular EHS&R meetings, inspections and audits of the Project.

 

8.3        The Safety Committee

 

8.3.1     The Safety Committee will be properly constituted with an agreed constitution.  All members of the Safety Committee will undertake agreed occupational health and safety training with Comet Training or other approved providers.

 

8.4        Safety Procedures

 

8.4.1     The parties acknowledge and agree that all parties are committed to safe working procedures.

 

8.4.2     If the Project 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 Project Manager (or the Project 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.

 

8.4.3     The parties agree that, pursuant to 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 those employers may direct employees to move to a safe place of work.  No employee will be required to work in any unsafe area or situation.

 

8.4.4     Where an unsafe condition has been agreed by the Safety Committee, corrective action will be implemented immediately.  Works will not recommence in this area until the rectification works have been accepted by both the Safety Committee and the Project Manager.

 

8.4.5     Any disagreement as to the proper rectification of an unsafe condition shall be referred to a WorkCover inspector whose determination shall be binding on all parties.

 

8.5        OH&S Industry Induction

 

No person will be engaged on site unless he/she has completed the WorkCover NSW Accredited OH&S Industry Induction Course.

 

8.6        Formwork Safety

 

All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover Formwork Certificate of Competency.  Where an employee does not have a Certificate of Competency, Comet Training or other approved providers will be contacted to assess the qualifications of the relevant employee.

 

8.7        Temporary Power/Testing and Tagging

 

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

 

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:

 

9.1.1     Discussion between those directly affected;

 

9.1.2     Discussion between site management representatives of the employer and the union delegate;

 

9.1.3     Discussion between site management representatives of the employer and the union organiser;

 

9.1.4     Discussion between senior management of the employer, John Holland/Lahey Joint Venture and the appropriate union official;

 

9.1.5     Discussion between the Secretary of the relevant union (or nominee) and John Holland/Lahey Joint Venture NSW Operations Manager (or nominee) in consultation with the Monitoring Committee as established under clause 10 of this award;

 

9.1.6     If the dispute is not resolved after step 9.1.5, parties to the award 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.

 

9.1.7     Work shall continue without interruption or dislocation during discussion and negotiations concerning the dispute.

 

9.2        Project-Wide Disputes

 

In the event of a dispute or conflict affecting more than one employer occurring, the following procedure will be adopted:

 

9.2.1     Discussion between those directly affected;

 

9.2.2     Discussion between site management representatives of John Holland/Lahey Joint Venture and the union delegate;

 

9.2.3     Discussion between site management representatives of John Holland/Lahey Joint Venture and the union organiser;

 

9.2.4     Discussion between senior management of John Holland/Lahey Joint Venture and the appropriate union official;

 

9.2.5     Discussion between the Secretary of the relevant union (or nominee) and John Holland/Lahey Joint Venture NSW Operations Manager (or nominee) in consultation with the Monitoring Committee established under clause 10 of this award;

 

9.2.6     If the dispute is not resolved after step 9.2.5, parties to the award 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.

 

9.2.7     Work shall continue without interruption or dislocation during discussion and negotiations concerning the dispute.

 

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:

 

9.3.1     Work shall continue without interruption or dislocation during discussion and resolution of disputes;

 

9.3.2     Discussion between the Labor Council of New South Wales and the unions to try to resolve the dispute;

 

9.3.3     If the dispute is not resolved after step 9.3.2, 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.

 

9.4        Agreement Disputes

 

In the event that a dispute arises as to the meaning and/or intent of this Project award, the matter shall be referred to the Industrial Relations Commission of New South Wales for resolution.

 

10.  Monitoring Committee

 

10.1      The parties will establish a committee to monitor the implementation of this award and to discuss issues which could affect harmony of the site, as required.

 

10.2      This Monitoring Committee, if established, will meet at the commencement of construction and then at monthly intervals or as required during construction on the Project.

 

10.3      The Monitoring Committee will determine if milestones have been met as required by subclause 7.3, Productivity Incentive Payment of clause 7, Industry Standards.

 

10.4      Where any industrial action has occurred outside the strict adherence of the dispute settling procedures, the Monitoring Committee may withhold or suspend payment of the Project Productivity Allowance.  If no agreement can be reached by the Monitoring Committee, the matter will be referred back to the Commission for determination.

 

11. Productivity Initiatives

 

11.1      Inclement Weather

 

11.1.1               The parties to this award will collectively commit to the minimisation of lost time due to inclement weather.

 

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

 

11.1.2.1            Adoption of a reasonable approach regarding what constitutes inclement weather;

 

11.1.2.2            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);

 

11.1.2.3            Where the initiatives described in subparagraph 11.1.2.2 of this paragraph are not possible, the use of non-productive time may be used for activities such as relevant and meaningful skill development; production/upgrade of skill modules; presentation and participation in learning; planning and reprogramming of the Project;

 

11.1.2.4            All parties are committed to an early resumption of work following any cessation of work due to inclement weather;

 

11.1.2.5            The parties agree the practice of "one out, all out" will not occur.

 

11.2      Rostered Days Off

 

11.2.1               A procedure for the implementation of rostered days off (RDOs) will be agreed on the Project, the purpose of which is to:

 

11.2.1.1            increase the quality of working life for employees; and

 

11.2.1.2            increase the productivity of the Project.

 

11.2.2               A roster of RDOs will be prepared, following consultation with the workforce and parties to this award.

 

11.2.3               Records of each employee’s RDO accruals will be recorded on the employee's pay slip and copies made available to the employee, the employee’s delegate or union official upon request.  It is acknowledged that different arrangements in relation to the banking of RDOs may apply to members of the Communications, Electrical and Plumbing Union of Australia, Plumbing Division - New South Wales Branch;

 

11.2.4               Where practicable, Saturday work prior to the published industry RDOs will not be worked.

 

11.3      Maximising Working Time

 

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

 

11.4      Hours of Work

 

11.4.1               Ordinary hours of work shall be eight hours per shift between 7.00am and 6.00pm Monday to Friday.  However, ordinary hours may commence from 5.00am by agreement between the employer, employee and relevant union.

 

12.  Immigration Compliance

 

12.1  The parties are committed to compliance with Australian immigration laws so as to ensure maximum work opportunities for unemployed permanent residents and Australian citizens.  Employers will be advised by John Holland/Lahey Joint Venture of the importance of immigration compliance.  Where there is concern that illegal immigrants are being engaged by an employer on the Project, John Holland/Lahey Joint Venture will act decisively to ensure compliance.

 

12.2      Employers are required prior to employees commencing work on site to check the legal right of employees to work.  The authorisation form attached to this award as per Annexure B will assist in providing evidence of the employee’s legal status.

 

13.  Long Service Compliance

 

13.1      If applicable, and in accordance with the Building and Construction Industry Long Service Payments Amendment Act 1998, no employee will be engaged on site unless he or she is a worker registered with the New South Wales Building and Construction Industry Long Service Leave Payments Corporation.  All employers (if applicable) engaged on site will be registered as employers in accordance with the Building and Construction Industry Long Service Leave Payments Amendment Act 1998 and will strictly comply with their obligations.

 

14.  No Extra Claims

 

14.1      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.

 

15.  No Precedent

 

15.1      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.

 

16.  Union Rights

 

The parties to this award acknowledge the right of employees to be active union members and respect the right of unions to organise and recruit employees.  The parties to this award also acknowledge that good communication between union officials, the delegate and the members is an important mechanism in assisting the parties to resolve grievances and disputes in a timely fashion.

 

16.1      Visiting Union Officials

 

16.1.1               Union officials (party to this award), when arriving on site, shall call at the site office and introduce themselves to a management representative of the employer, prior to pursuing their union duties.

 

16.1.2               Union officials shall produce their right of entry permits, if required, and observe the relevant building awards, the Occupational Health and Safety Act 2000 and Regulations, and other statutory/legislative obligations for entry to the site.

 

16.1.3               Union officials with the appropriate credentials shall be entitled to inspect all such wage records, other payment records and related documentation necessary to ensure that the employers are observing the terms and conditions of this award.

 

16.1.4               All such wages books and other payment records shall be made available within 48 hours on site or at another convenient, appropriate place, provided notice is given to the employers and the Project Manager by the union.

 

16.1.5               The inspections referred to in paragraph 16.1.3 of this subclause shall not take place unless there is a suspected breach of this award, other appropriate building awards, enterprise agreements, the Industrial Relations Act 1996, or other employer statutory requirements

 

16.2      Workplace Delegates

 

Definition

 

In this subclause the expression "delegate" means an employee who is the accredited representative of the union at an employer’s workplace and, if there is more than one delegate in respect of the workforce of that employer, the expression "delegate" means each and every such delegate so accredited by the union in relation to that employer’s workforce.

 

16.2.1               Rights of the Delegate

 

16.2.1.1            The parties acknowledge it is the sole right of the union and its members to elect the delegate for each worksite, who shall be recognised as the authorised representative of the union at the site.

 

16.2.1.2            The delegate shall have the right to approach or be approached by any employee of the employer to discuss industrial matters with that employee during normal working hours.

 

16.2.1.3            The delegate shall have the right to communicate with members of the union in relation to industrial matters without impediment by the employer.  Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by an employer:

 

moving a delegate to a workplace or work situation which prevents or significantly impedes communication with members;

 

changing a delegate’s shifts or rosters so that communication with workers is prevented or significantly impeded;

 

disrupting duly organised meetings.

 

16.2.1.4            The delegate shall be entitled to represent members in relation to industrial matters at the workplace and, without limiting the generality of that entitlement, is entitled to be involved in representing members:

 

at all stages in the negotiation and implementation of enterprise agreements or awards or other industrial instruments;

 

the introduction of new technology and other forms of workplace change;

 

career path, reclassification, training issues; and to initiate discussions and negotiations on any other matters affecting the employment of members;

 

ensuring that workers on site are paid their correct wages, allowances and other lawful entitlements;

 

to check with relevant industry schemes so as to ensure that superannuation, long service leave and redundancy have been paid on time.

 

16.2.1.5            In order to assist the delegate to effectively discharge his or her duties and responsibilities, the delegate shall be afforded the following rights:

 

the right to reasonable communication with other delegates, union officials and management in relation to industrial matters, where such communication cannot be dealt with or concluded during normal breaks in work;

 

at least 10 days' paid time off work to attend relevant union training courses/forums;

 

paid time off to attend meetings of delegates in the industry, as authorised by the relevant union.

 

16.2.1.6            The employer of a delegate shall provide to the delegate the following:

 

a lockable cabinet for the keeping of work-related records;

 

a lockable noticeboard for the placement of union notices at the discretion of the delegate;

 

where practicable, and only if agreed by the parties, a union office;

 

where a union office is not practicable or agreed by the parties, access to a meeting room;

 

use of the telephone for legitimate union business associated with the Project;

 

from existing resources, and when required for legitimate project-related union business, access to:

 

a word processor, typewriter;

 

e-mail;

 

a photocopier or facsimile machine.

 

16.2.1.7            There shall be no deduction to wages where the union requires a delegate to attend any court or industrial tribunal proceedings relating to industrial matters at the workplace.

 

16.3      Union Membership

 

Properly accredited officials and workplace representatives of the union shall have the right to be provided with appropriate access to employees to promote the benefits of union membership.

 

To assist in this process the employer shall:

 

16.3.1               If requested by the union, and on the written authority of the employee, provide payroll deduction services for union fees.  Such fees shall be remitted to the union on a monthly basis with enough information supplied to enable the union to carry out a reconciliation;

 

16.3.2               Supply all employees with a union application form at the same time as employees are provided with their taxation declaration form;

 

16.3.3               Provide the union with access to talk to new employees at induction training;

 

16.3.4               Nothing in this subclause shall be contrary to the relevant legislation.

 

16.4      Site Delegate

 

The parties to this award recognise that the Project workforce will elect a site delegate who shall be the principal spokesperson for the site workforce/delegates.

 

17.  Australian Content

 

The Project Manager shall endeavour to maximise Australian content in materials and construction equipment on the Project where practical and feasible.

 

18.  Protective Clothing

 

18.1      Employers will provide their employees engaged on site with legally produced Australian-made protective clothing and footwear on the following basis:

 

18.1.1               Safety Footwear

 

Appropriate safety footwear shall be supplied on commencement, if not already provided, to all persons engaged on site and will be replaced on a fair wear-and-tear basis, provided they are produced to the employer as evidence.

 

18.1.2               Clothing

 

Two sets of protective clothing (combination of bib and brace or shorts, trousers and shirts) will be supplied to all persons after accumulated engagement on site of 152 hours or more and will be replaced once per calendar year as a result of fair wear-and-tear and are produced to the employer as evidence.

 

18.1.3               Jackets

 

Each person, after accumulated employment on site of 152 hours, shall be eligible to be issued with warm bluey jacket or equivalent, which will be replaced once per calendar year on a fair wear-and-tear basis.

 

18.2      In circumstances where any employee(s) of employers are transferred to the Project from another project where an issue of equivalent clothing was made, such employee shall not be entitled to an issue to this Project until the expiry of the calendar year or on a fair wear-and-tear basis.

 

18.3      Employees who receive from their employer an issue and replacement of equivalent clothing and/or safety footwear as part of the employer’s policy or EBA shall not be entitled to the provisions of this clause

 

18.4      Employers will consult with the Labor Council of New South Wales to be provided with a list of recommended Australian manufacturers who do not use illegal or exploited labour in the manufacturing of their work clothes.

 

19.  Workers' Compensation and Insurance Cover

 

19.1      Employers must ensure that all persons that they engage to work on the Project are covered by workers' compensation insurance.

 

19.2      John Holland/Lahey Joint Venture will audit Workers' Compensation Certificates of Currency from each employer engaged on site to ensure that the wages estimate and tariff declared for the type of work undertaken is correct.  This information will be available to authorised union officials on request.

 

19.3      Employers and their employees must comply with the following steps to ensure expedited payment of workers' compensation:

 

19.3.1               All employees will report injuries to the Project first-aider and their supervisor at the earliest possible time after the injury.

 

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

 

19.3.3               In cases where the employee is unable to comply with the above, the relevant employer will assist in fulfilling requirements for making a claim.

 

19.4      Employers must ensure that they are aware of and will abide by sections 63 to 69 of the Workers Injury Management and Workers Compensation Act 1998, which provide that:

 

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

 

19.4.2               All employees must enter in the register any injury received by the employee.  The employer must be notified of all injuries on site immediately.  The employer  must notify the insurer within 48 hours of a significant injury;

 

19.4.3               An employer who receives a claim for compensation must, within seven days of receipt, forward the claim or documentation to their insurer;

 

19.4.4               An employer who receives a request from their insurer for further specified information must, within seven days after receipt of the request, furnish the insurer with the information as is in the possession of the employer or reasonably obtained by the employer;

 

19.4.5               An employer who has received compensation money from an insurer shall forward such money to the person entitled to the compensation within three working days.

 

19.5      Where there has been a serious incident and/or accident which has resulted in a serious injury or loss of life, the employer shall notify the relevant union as soon as possible.

 

19.6      The employer will also complete the relevant accident notification form and send it to WorkCover.

 

20.  Apprentices

 

20.1      As part of the Project’s commitment to industry training, a ratio of one apprentice/trainee to every four tradespersons within each employer’s workforce is to be maintained.

 

21.  Training and Workplace Reform

 

21.1      The parties are committed to achieving improvements in productivity and innovation through co-operation and reform.  Employers are expected to demonstrate their commitment to develop a more highly skilled workforce by providing their employees with career opportunities through appropriate access to training and removing any barriers to the use of skills acquired.

 

21.2      The parties acknowledge their acceptance of the Project Training Plan which has been prepared and will be implemented in accordance with the New South Wales Government’s Training Guidelines.

 

22.  Project Death Cover

 

22.1      John Holland/Lahey Joint Venture will guarantee that the legal beneficiary of any employee who dies as a consequence of working on the Project will be paid a death benefit of $25,000.00.  Such benefit shall be paid within 14 days of the production of appropriate documentation.  This payment shall be in addition to any other entitlement that might be paid to the beneficiary as a consequence of the death of the employee.

 

23.  Anti-Discrimination

 

23.1      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, martial status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

23.2      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.

 

23.3      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.

 

23.4      Nothing in this clause is to be taken to affect:

 

23.4.1               any conduct or act which is specifically exempted from anti-discrimination legislation;

 

23.4.2               offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

23.4.4               a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

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

 

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 this Act affects … any other Act or practice of a body established to propagate 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."

 

24.  Personal/Carer's Leave

 

24.1      Use of Sick Leave

 

24.1.1               An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph 24.1.3.2 of paragraph 24.1.3 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 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.

 

24.1.2               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.

 

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

 

24.1.3.1            the employee being responsible for the care of the person concerned; and

 

24.1.3.2            the person concerned being:

 

24.1.3.2.1         a spouse of the employee; or

 

24.1.3.2.2         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

 

24.1.3.2.3         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

 

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

 

24.1.3.2.5         a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

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

 

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

 

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

 

24.1.4               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.

 

24.2      Unpaid Leave for Family Purpose

 

24.2.1               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 subparagraph 24.1.3.2 of paragraph 24.1.3 of subclause 24.1 of this clause who is ill.

 

24.3      Annual Leave

 

24.3.1               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.

 

24.3.2               Access to annual leave, as prescribed in paragraph 24.3.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

24.3.3               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.

 

24.4      Time Off in Lieu of Payment for Overtime

 

24.4.1               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 12 months of the said election.

 

24.4.2               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.

 

24.4.3               If, having elected to take time as leave in according with paragraph 24.4.1 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.

 

24.4.4               Where no election is made in accordance with paragraph 24.4.1 of this subclause, the employee shall be paid overtime rates in accordance with the award.

 

24.5      Make-Up Time

 

24.5.1               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 in the award at the ordinary rate of pay.

 

24.5.2               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.

 

24.6      Rostered Days Off

 

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

 

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

 

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

 

24.6.4               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.

 

25.  Enterprise Bargaining Agreements

 

The unions who are party to this award acknowledge their objective that all contractors/subcontractors, including transport companies, should have in place appropriate enterprise agreements with the relevant unions.

 

25.1      This award is intended to operate in conjunction with, and as a supplement to, a subcontractor’s enterprise bargaining agreement.

 

25.2      The parties agree to minimise the impact of any industrial action on the Project that may arise out of the negotiation or renegotiation of subcontractors’ enterprise bargaining agreements (EBAs).

 

25.3      All subcontractors will be encouraged by the unions to have EBAs as per subclause 7.2 of the New South Wales Government’s Code of Practice for the Construction Industry (July 1996) and the New South Wales Government’s Implementation Guidelines for the Code of Practice and the Code of Tendering (July 1996).

 

25.4      Employers and employees who have developed EBAs have developed productivity gains within their agreements.

 

Employees and unions have agreed to productivity improvements as part of this award.  The productivity improvements are measured through the achievement of milestones.  Payment of a Project Allowance for achievement of milestones will be regarded as an over-award payment as per subclause 7.3 of the Code of Practice.

 

Where conditions relating to amounts and method of payment of Project Productivity/Site Allowances are specifically mentioned in a subcontractor’s enterprise agreement and are at variance with the conditions of this award, discussions will take place between the parties to seek a resolution.

 

No employer with an enterprise agreement will be required to make payments or provide benefits which would result in double payment to employees.

 

The unions are committed to ensuring any actions in pursuing enterprise agreements with contractors/subcontractors comply with the New South Wales Government’s Code of Practice for the Construction Industry (July 1996) and the NSW Government’s Implementation Guidelines for the Code of Practice and the Code of Tendering (July 1996).

 

26.  Observance of Award and Statutory Requirements

 

26.1      All contractors and subcontractors, including transport companies, shall abide by the conditions of relevant awards and/or enterprise bargaining agreements and all statutory obligations.

 

26.2      The parties agree that "all-in" payments and/or "cash-in-hand" payments, (i.e. payments designed to avoid tax and statutory/EBA entitlements) and sham subcontract arrangements will not be accepted on site.  Where such practices are identified, they will be immediately stopped.

 

26.3      John Holland/Lahey Joint Venture in association with the accredited site union delegate will check monthly payments related to superannuation, redundancy and extra insurance to ensure payments for employees have been made by subcontractors engaged on the site, as required.

 

26.4      Each subcontractor engaged on site will be specifically advised and monitored as required regarding compliance with their lawful obligations with respect to payroll tax.

 

26.5      When an employer receives a statement pursuant to section 127(3) of the Industrial Relations Act 1996, they shall provide the union delegate on site with a copy of such statement within seven days, if requested.

 

26.6      The union delegate or union official shall advise John Holland/Lahey Joint Venture if they believe the information which has been provided by the subcontractor is not correct.

 

27.  Aboriginal Participation

 

27.1      The parties to this award recognise and accept the significance of this Project to the local Aboriginal community.

 

27.2      John Holland/Lahey Joint Venture will prepare an Aboriginal Participation Plan for the Project in accordance with the New South Wales Government's Aboriginal Participation in Construction Implementation Guidelines.

 

27.3      The parties to this award commit to the proper implementation of this Plan, including the provision of Aboriginal employment and other opportunities for involvement with the Project.

 

ANNEXURE A

 

Parties

 

Part 1 - Employers

 

John Holland/Lahey Joint Venture;

 

Contractors and subcontractors of John Holland/Lahey Joint Venture engaged to undertake works on the Project.

 

Part 2 - Unions

 

Labor Council of New South Wales;

 

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

 

Communications, Electrical and Plumbing Union of Australia, Plumbing Division - New South Wales Branch;

 

Electrical Trades Union of Australia, New South Wales Branch;

 

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch;

 

Transport Workers' Union of New South Wales.

 

ANNEXURE B

 

Authority to Obtain from DIMA Details of Immigration Status

 

I,
(Family name)	(Given name(s))
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 a principal contractor and authorised trade union officer on request.

 

I also understand the above-named will only use this information for the purpose of establishing and verifying my legal entitlement to work in Australia and for no other purpose.

 

Signed:	Dated:
Name of employer:
Phone:	Fax:

 

Please send or fax this form to:

The Department of Immigration and Multicultural Affairs

Phone: (02) 9258 4730             Fax: (02) 9258 4763

 

ANNEXURE C

 

Mid North Coast Centre Project Target Program Milestones

 

Milestone	Works Description	Target Date
1	Block A Substructure Complete	29 June 2002
2	Substructure Complete to Block X	31 August 2002
3	All Building Substructures Complete	20 December 2002
4	Block E Superstructure Complete	15 March 2003
5	Administration Building - Block A Complete	30 June 2003
6	Overall Project Completion	6 August 2003

 

NOTE:

 

1.          The above "Target Program Milestones" are provided to generally achieve or better the original Contract Program.  It is acknowledged that these milestones may be adjusted from time to time by the Monitoring Committee in order to reflect unavoidable project delays.

 

2.          The first milestone assessment date shall be 30 June 2002 (or thereabouts) and regularly thereafter.  Payments shall be made progressively on a weekly basis if it is agreed by the Monitoring Committee that the milestones for the Project are being or have been met, in accordance with this award.

 

3.          If, at any time, the Monitoring Committee cannot agree that the milestones are being or have been met, Productivity Incentive Payments may be suspended until the matter is resolved in accordance with this award.

 

4.          Unavoidable Project delays shall include all extensions of time as approved by the client under the Head Contract and delays caused to Target Program Milestones as a result of works re-programming or re-scheduling by the JV to meet contractual completion requirements.

 

 

D. S. McKENNA, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.