126 PHILLIP STREET PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Labor
Council of New South Wales, State peak council of employees.
(No. IRC 813 of 2003)
|
Before The Honourable Justice
Walton, Vice-President
|
14 March 2003
|
AWARD
Clause No. Subject Matter
1.
Arrangement
1. Arrangement
2. Introduction
3. Objectives
3.1 Work Organisation
3.2 People Development/Skills
3.3 Environment and Safety
3.4 Generally
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 Allowance
7.4 Payment of the Productivity Allowance
7.5 Changing the Programme and Scheduled Milestones
7.6 Contract Carriers
8. Environment,
Health, Safety and Rehabilitation (EHS&R)
8.1 Induction
8.2 Environment, Health and Safety Plans
8.3 The Safety Committee
8.4 Implementation of this Clause
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 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 Hours of Work
12. Immigration
Compliance
12.1 Immigration Compliance
12.2 Legal Right of Employees to Work
13. Long
Service Compliance
14. No Extra
Claims
15. No
Precedent
16. Single Bargaining
Unit
17. Union
Rights
17.1 Visiting Union Officials
17.2 Project Delegate
17.3 Job Delegates
17.4 Union Membership
18. Australian
Content
19. Protective
Clothing
20. Workers
Compensation and Insurance Cover
21. Avoidance
of Employee Entitlements
22. Apprentices
23. Training
and Workplace Reform
24. Project
Death Cover
25. Anti-Discrimination
26. Personal/Carers
Leave
26.1 Use of Sick Leave
26.2 Unpaid Leave for Family Purpose
26.3 Annual Leave
26.4 Time-off in Lieu of Payment for Overtime
26.5 Make-up Time
26.6 Rostered Days Off
27. Project
Close-Down Calendar
28. Leave
Reserved
Annexure A - Parties
Annexure B - Scheduled Milestones
Annexure C - Authority to Obtain from DIMA Details of
Immigration Status
2.
Introduction
The Parties acknowledge that the building industry has
special features which may require the Parties to enter into agreements
applicable to the 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 Bovis
Lend Lease by their client.
3.
Objectives
The Parties agree to continue to develop and implement the
following objectives in respect of the following four 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, Employees and Unions;
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work; and
(f) Increase the
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees, consistent with their classification, training and
qualification.
3.2 People
Development/Skills
Provision of a career structure for all Employees based
on skills and competencies and increased job satisfaction.
3.3 Environment
and Safety
(a) Provision of
high standards of occupational health & safety on the Project; and
(b) Improved impact
of the Project on the environment.
3.4 Generally
(a) Implementation
of this Award, and compliance with all relevant statutory provisions;
(b) Elimination of
unproductive time;
(c) Compliance by
subcontractors with the provisions of applicable and/or enterprise agreements
and legislative requirements;
(d) Improved
conditions for all employees working on the Project;
(e) Increased
leisure time for employees by eliminating excessive hours of work; and
(f) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or
traineeships.
4.
Definitions
"Award" means this 126 Phillip Street Project
Award made between the Parties.
"Bovis Lend Lease" means Bovis Lend Lease Pty Limited
(A.C.N. 000 098 162) of Tower 13, Australia Square, Sydney NSW 2000.
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Contract Carrier" means carrier engaged in or in
connection with a Contract of Carriage for the purposes of section 309 of the Industrial Relations Act 1996 where the
Contract of Carriage is for carriage of Excavation and Demolition Material.
"Contract of Carriage" shall be as defined in the Industrial Relations Act 1996.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means Bovis Lend Lease and/or any
subcontractor engaged by Bovis Lend Lease to work on the Project, including
subcontractors’ respective subcontractors.
"Enterprise Agreement" means an agreement
registered or certified under the Workplace
Relations Act (Cth) 1996 or approved under the Industrial Relations Act (NSW) 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).
"Excavation and Demolition Material" shall be as
defined in the Transport Industry - Excavated Materials Contract Determination
published 24 October 1997, as varied.
"Monitoring Committee" means the committee
established under clause 10 of this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project, where the building is fit for occupancy and/or purpose, as determined
by Bovis Lend Lease’s Client.
"Programme Milestones" means the milestones listed
in Part 2 of Annexure B as amended by the Project Manager from time to time.
"Project" means the construction works contracted
to Bovis Lend Lease at 126 Phillip Street, Sydney, New South Wales.
"Project Delegate" means the Employee who is the
accredited representative of the Unions on the Project.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by Bovis Lend Lease from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and
Safety Act (NSW) 2000.
"Site Management Plan" means the project or site
management plan, a copy of which can be located at the office of the Project
Manager.
"Scheduled Milestones" means those targets
described in Part 1 of Annexure B as amended under Clause 7.4 from time to
time.
"T.E.T.A" means Transport Education Training
Australia.
"Unions" means each of the Unions listed in Part 2
of Annexure A.
5.
Application
(a) 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) Where Bovis
Lend Lease engages sub-contractor/s, it shall make it a condition of any
contract that it enters into with its sub-contractor/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.
(c) The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for work on this Project.
(d) This Award is
generally intended to supplement and co-exist with the terms of existing
Enterprise Agreements and Awards and it’s primary purpose is to provide a
framework for the Employers, the Labor Council and the Unions, to manage those
issues on the Project which affect more than one Employer.
6.
Duration
This Award shall operate on and from 1 July 2002 until
Practical Completion.
7.
Industry Standards
7.1 Superannuation and Redundancy
(a) The Parties
acknowledge that a contribution of $90.00 per week or 9% of ordinary time
earnings, whichever is the greater, will
be made to the superannuation fund nominated in the relevant industrial
instruments being C+BUS; NESS; STA, TWU or other schemes approved by the
Parties. The above contribution will increase so that the minimum contribution
made for superannuation shall be $95.00 from 1 July 2003, and $100.00 from 1
July 2004.
(b) The Employers
will make a contribution of $61 per week into ACIRT or MERT unless there is an
alternative arrangement to the satisfaction of the individual Employer’s
employees and the Parties to this Award.
7.2 Top
Up/24 Hour Income Protection Insurance
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 to this Award.
7.3 Productivity
allowance
(a) Provided the
Scheduled Milestones and the Programme Milestones are met, the Employer will
pay a productivity allowance for each hour worked on the Project.
(b) The
productivity allowance under this Award is $3.00 per hour worked.
(c) The Project
Manager will determine whether the Scheduled and Programme Milestones have been
achieved and if the Milestones have been met, the Project Manager will advise
the Employers and the Monitoring Committee accordingly.
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 Programme Milestones are met.
Milestones are comprised of two (2) elements:
(i) works
completed against the Programme Milestones; and
(ii) works
completed to the Scheduled Milestones.
(b) Programme and
Scheduled Milestones
The Parties agree to use their best endeavours to meet
or exceed the Schedules and Programme Milestones.
(i) The productivity
allowance shall be calculated and paid as follows:
1. the Project
Manager will review the works monthly and will verify the achievement of the
Programme and Scheduled Milestones;
2. the Project
Manager will advise the client as to whether the relevant Programme and Scheduled Milestones have been achieved;
3. if the
relevant Programme and Scheduled Milestones are met, the payment shall be $3.00
per hour for each hour of time worked; and
4. payment shall
be made as part of weekly wages.
(ii) In the event
that a Programme or Scheduled Milestone is not achieved, the Monitoring
Committee shall meet with the Project Manager to determine:
1. the reason
why the milestone target was not
achieved; and
2. the action
required to catch up the next milestone target.
(iii) If a
Programme Milestone or Scheduled Milestone is not achieved for two consecutive
months:
1. the
productivity allowance shall cease being paid; but
2. if in a
following period work catches up to the Schedule, the completion to programme
schedule component shall recommence, and shall include payments for the
preceding period(s) not paid.
(iv) Payment shall
be calculated on an hours worked basis only and shall not include any
calculation of award or other entitlements.
(v) The Parties
agree that achievement of the identified Scheduled Milestones shall be
determined by Bovis Lend Lease’s client and the Labor Council of NSW in
conjunction with the Unions.
(c) Transport
workers
The Parties agree that the Award does not apply to
purely incidental activities such as couriers.
This Award will apply to transport workers who are employed by an
Employer if the relevant Employer makes deductions from the remuneration of the
transport worker(s) in accordance with the "Pay As You Earn"
provisions of the Income Tax Assessment
Act 1936. The Parties agree that
any transport worker carrying out work relating to the Project will be paid, in
addition to his or her remuneration, the project productivity allowance of
$3.00 per hour, provided that the transport worker is involved with the Project
for two or more hours on any calendar day.
7.5 Changing
the Programme and Scheduled Milestones
The Parties agree that the Scheduled and Programme
Milestones must be reviewed and updated throughout the life of the Project and
that the Monitoring Committee will meet at regular intervals and with the
Project Manager, agree and set new Scheduled and Programme Milestones.
7.6 Contract
Carriers
The Parties agree that all Contract Carriers shall be
paid in accordance with the rates of remuneration set out in Part B of the
Transport Industry Excavated Materials Contract Determination.
8.
Environment, Health, Safety and Rehabilitation (EHS&R)
8.1 Induction
(a) All Employees
must attend an agreed EHS&R induction course on commencement of their
engagement on the Project.
(b) The Parties
recognise the EHS&R induction training provided by T.E.T.A. for casual and
permanent transport workers.
8.2 Environment,
Health and Safety Plans
All Employers must submit an environment, health safety
and rehabilitation management plan, in accordance with the Safety Alliance for
the Construction Industry "S" Pack, to Bovis Lend Lease. 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) industry and
trade specific induction of Employees;
(e) monitoring
performance and improvement of work methods;
(f) reporting of
all incidents and/or accidents;
(g) compliance
verification; and
(h) regular
EHS&R 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. All members
of the Safety Committee will undertake agreed Occupational Health and Safety
training with Comet Training or other agreed providers. 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 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.
(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 an Employer may direct Employees to move to a safe place of
work. No Employee will be required to work in any unsafe area or situation.
8.5 OH&S
Industry Induction
No person will be engaged on site unless he or she has
completed an Industry Occupational Health and Safety Induction (such as a
"Green Card") approved by the Workcover Authority of NSW.
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 or other
agreed provider, 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 qualified electrical tradespeople. Testing and
tagging is to be carried out only by licensed electricians.
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 affected;
(b) Discussion
between site management representatives of the Employer and the Union delegate;
(c) Discussion
between site management representatives of the Employer and the Union
organiser;
(d) Discussion
between senior management of the Employer, Bovis Lend Lease and the appropriate
Union official;
(e) Discussion between
the Secretary of the relevant Union (or nominee) and Bovis Lend Lease NSW
Operations Manager (or nominee);
(f) Discussion
between Bovis Lend Lease Operations Manager (or nominee) and the Labor Council
of New South Wales. This shall occur within 7 days of the dispute being
initially raised;
(g) If the dispute
is not resolved after step (e), the Employer 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 it’s powers set out in the Industrial
Relations Act 1996 (NSW);
(h) 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 affected;
(b) Discussion
between site management representatives of Bovis Lend Lease and the Union
delegate;
(c) Discussion
between site management representatives of Bovis Lend Lease and the Union
organiser;
(d) Discussion
between senior management of Bovis Lend Lease and the appropriate Union
official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Bovis Lend Lease
NSW Operations Manager (or nominee);
(f) Discussion
between senior management of the Employer, Bovis Lend Lease and the Labor
Council of New South Wales. This shall occur within 7 days of the dispute being
initially raised;
(g) If the dispute
is not resolved after step (e), the Employer 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 it’s powers set out in the Industrial
Relations Act 1996 (NSW);
(h) Work shall
continue without interruption or dislocation during discussion and resolution
of 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:
(a) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes. This will not prejudice the position of any party;
(b) Discussion
between the Labor Council of New South Wales and the Unions to try to resolve
the dispute;
(c) The parties
agree that the outcome of any matter dealt with the terms of Clause 9.3 (b),
shall not be used as a precedent, reference, example or exhibit in any way
whatsoever in matters arising from this Project;
(d) 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);
(e) Nothing in
this sub clause shall affect the rights of an Employer or a Union in relation
to the settlement of any demarcation issue.
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 the Project.
(c) The Monitoring
Committee will consider ways in which the aims and objectives of this Award can
be enhanced, which may include, but not be limited to discussion of:
developing more flexible ways of working;
enhancing occupational, health and safety;
productivity plans;
compliance with
Awards and other statutory requirements by Employers; 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 quarterly 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 Bovis
Lend Lease implementation of commitment to skill enhancement and workplace
reform while working on the Project.
11.2 Inclement
weather
The Parties to this Award will collectively proceed
towards the minimisation of lost time due to inclement weather. Further, the
Parties are bound 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 and 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 operators and neighbours;
protection of existing trees;
construction noise;
hours of work;
waste management and clean up;
behaviour on site.
(d) If the Project
Manager considers that an Employee or Employer has committed a serious breach
of the plan, the Project Manager will discuss this matter with the relevant
Employer and Union. After this
discussion the Project Manager may recommend that the Employee/Employer be
removed from the Project.
11.4 Rostered
Days Off
(a) Subject to
Clause 27, it is agreed that a procedure for increasing the flexibility of Rostered
Days Off (RDOs) will be implemented on the Project.
With a view:
(i) to increasing
the quality of working life for Employees;
(ii) to increasing
the productivity of the Project; and
(iii) that any RDOs
accrued on the Project must be taken during the course of the Project.
(b) A roster of
RDOs will be prepared, following consultation with the Monitoring Committee and
agreement of the individuals involved and their respective union.
(c) Records of
each Employee’s RDO status will be maintained by their Employer, and where
possible, recorded on the Employees payslip.
Records of each Employee’s RDO status shall be made available to the
Employee, the Employee’s delegate or union official upon request.
(d) Where
practicable, Saturday work prior to the published industry RDOs will not be
worked.
11.5 Maximising
Working Time
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 and the amenities will be maintained
in a clean and hygienic state at all times.
11.6 Hours
of Work
(a) Ordinary hours
of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to
Friday. However, ordinary hours may
commence from 5.00am by agreement between the Employer, Employee and relevant
Union.
(b) The Parties
recognise that, in general, the hours worked by individuals in the construction
industry are not consistent with the objectives of maintaining high
productivity or a high quality of life. As a means of improving this situation,
no Employee on this Project will be expected to work in excess of 58 hours per
week except in an emergency.
12.
Immigration Compliance
12.1 Immigration
compliance
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 Bovis
Lend Lease of the importance of immigration compliance. Where there is concern
that illegal immigrants are being engaged by an Employer on the Project, Bovis
Lend Lease will act decisively to ensure compliance.
12.2 Legal
right of employees to work
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 C) may assist in providing
evidence of the employee’s legal status.
13.
Long Service Compliance
If applicable, in accordance with the NSW Building and Construction Industry Long Service Leave Act, no
Employee will be engaged on site unless he or she is a worker registered under
the relevant long service leave legislation. All Employers (if applicable)
engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long
Service Payments Act 1986 and will strictly comply with their obligations.
14.
No Extra Claims
Subject to Clause 28 Leave Reserved, 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
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.
Single Bargaining Unit
This Award was negotiated by the Labor Council of New South Wales
on behalf of the Unions and by Bovis Lend Lease in its own right and on behalf
of the Employers.
17.
Union Rights
The Parties to this Award acknowledge the right of Employees
to be active union members and respect the right of the relevant Union to
organise and recruit Employees. The Parties to this Award also acknowledge that
good communication between the union official, the delegate and its members is
an important mechanism in assisting the Parties to resolve grievances and disputes in a timely fashion.
17.1 Visiting Union Officials
(a) 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.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant awards, the Occupational
Health and Safety Act 2000 (NSW) and Regulations, and other
statutory/legislative obligations for entry to the site.
(c) 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.
(d) 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.
(e) Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate industrial instruments, Enterprise Agreements, the Industrial Relations Act 1996 (NSW), or
other employer statutory requirements.
17.2 Project
Delegate
Parties to this Award recognise that the Project workforce
will elect a Project Delegate who shall be the principal spokesperson for the
Project workforce.
Rights of the Project Delegate
(a) The Parties
acknowledge it is the sole right of the Project workforce to elect the Project
Delegate, who shall be recognised as the authorised representative of the
Unions in respect of the Project.
(b) The Project
Delegate shall have the right to approach or be approached by any Employee of
an Employer to discuss industrial matters with that Employee during normal working
hours.
(c) The Project
Delegate shall have the right to communicate with the Project workforce in
relation to industrial matters without impediment by an Employer. Without limiting the usual meaning of the
expression "impediment", this provision applies to the following
conduct by an Employer:
(i) moving the
Project Delegate to a workplace or work situation which prevents or
significantly impedes communication with the Project workforce;
(ii) changing a Project
Delegate’s shifts or rosters so that communication with Employees is prevented
or significantly impeded;
(iii) disrupting
duly organised meetings.
(d) The Project
Delegate shall be entitled to represent the Project workforce in relation to
industrial matters on the Project, and without limiting the generality of that
entitlement is entitled to be involved in representing the Project workforce:
(i) the
introduction of new technology on the Project and other forms of workplace
change;
(ii) career path,
reclassification, training issues; and to initiate discussions and negotiations
on any other matters affecting the employment of Employees;
(iii) ensuring that
Employees on site are paid their correct wages, allowances and other lawful
entitlements;
(iv) to check with
relevant industry schemes so as to ensure that superannuation, long service
leave and redundancy has been paid on time.
(e) In order to
assist the Project Delegate to effectively discharge his or her duties and
responsibilities, the Project Delegate shall be afforded the following rights:
(i) 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;
(ii) at least 10
days paid time off work to attend relevant Union training courses/forums.
(f) The Employer
of the Project Delegate shall provide to the Project Delegate the following:
(i) a lockable
cabinet for the keeping of records;
(ii) a lockable
notice board for the placement of Union notices at the discretion of the
Project Delegate;
(iii) where
practicable, and if agreed to, a Project Delegate office;
(iv) where a Project
Delegate office is not practicable, access to a meeting room;
(v) use of the
telephone for legitimate union business associated with the Project;
(vi) from existing
resources, and when required for legitimate union Project related business,
access to a word-processor, typewriter, a photocopier, facsimile machine and
e-mail.
(g) There shall be
no deduction to wages where the Union(s) requires a Project Delegate to attend
any Court or Industrial Tribunal proceedings relating to Industrial matters on
the Project.
17.3 Job
Delegates
Job Delegates of the respective Unions will be recognised
by the Project Manager and the Employers. The names of delegates should be
advised to the Project Manager. Job Delegates will be given appropriate time
and facilities to assist them in their duties. Job Delegates will be given the
opportunity for relevant paid trade union training and time to attend union
meetings authorised by the Secretary of the relevant union, or his or her
nominee.
17.4 Union Membership
(a) 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.
(b) To assist in
this process the Employer shall:
(i) if requested,
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; and
(ii) provide the
union with access to talk to new Employees.
(c) Nothing in
this clause shall be contrary to the relevant legislation.
18.
Australian Content
The Project Manager shall endeavour to maximise Australian content
in materials and construction equipment on the Project where practical and
feasible.
19.
Protective Clothing
(a) Employers will
provide their Employees engaged on site with legally produced Australian made
protective clothing on the following basis:
Safety Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on the Project and
will be replaced on a fair wear and tear, provided it is produced to the
Employer as evidence.
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 thereafter.
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 thereafter.
(b) In
circumstances where any Employee(s) of an Employer is/are transferred to the
Project from another project where an issue of equivalent clothing was made,
then such Employees shall not be entitled to an issue on this Project until the
expiry of the calendar year or on a fair wear and tear basis.
(c) 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 Enterprise Agreement shall
not be entitled to the provisions of this clause.
(d) Employers will
consult with the Labor Council of NSW to be provided with a list of Australian
manufacturers who use legal labour in the manufacturing of their work clothes.
(e) All transport
workers who are involved on the Project for longer than 2 hours on any calendar
day, will be provided with safety footwear, one set of clothing and one jacket
by their Employer prior to commencement on the Project, unless they have been
provided with such footwear and clothing by their Employer within the previous
12 month period.
20. Workers
Compensation and Insurance Cover
(a) Employers must
ensure that all persons that they engage to work on the project are covered by
workers compensation insurance.
(b) Bovis Lend
Lease will audit 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 accredited Union
officials on request.
(c) Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers compensation.
(i) All Employees
will report injuries to the project first aider and their supervisor at the
earliest possible time after the injury.
(ii) 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.
(iii) In cases
where the Employee is unable to comply with the above, the relevant Employer
will assist in fulfilling requirements for making a claim.
(d) 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:
The Employer shall keep a register of injuries /site
accident book in a readily accessible place on site;
All Employees must enter in the register any injury
received by the Employee. The Employer must be notified of all injuries on site
immediately.
An Employer who receives a claim for compensation, must
within seven (7) days of receipt, forward the claim or documentation, to their
insurer;
An Employer who receives a request from their insurer
for further specified information must within seven (7) 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.
(e) An Employer
who has received compensation money from an insurer shall as soon as
practicable pay the money to the person entitled to the compensation.
21.
Avoidance of Employee Entitlements
The Parties agree that they will abide by the provisions of the
Code of Practice relating to the construction industry of NSW. The Code of
Practice states that there shall be no pyramid subcontracting, all-in-payments,
or cash in hand. The Parties will not engage in all-in-payments or sham
subcontract arrangements designed to avoid and underpay award and statutory
obligations. The Union will notify the Employer immediately, should any such
unacceptable arrangements be found. If an unacceptable arrangement is found,
the arrangement shall be rectified and all statutory entitlements shall be paid
to the Employee. It should be noted, however, that this shall not restrict any
Employer’s right to legitimately sublet work
22.
Apprentices
As part of the Project’s commitment to learning and skills
development, a ratio of one apprentice/ trainee to every five tradespersons
within each Employer’s workforce is to be maintained.
23.
Training and Workplace Reform
The Parties are committed to achieving improvements in
productivity and innovation through cooperation 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.
24. Project Death Cover
Bovis Lend Lease will guarantee that the beneficiary of any
Employee who dies as a consequence of working on the Project will be paid a
death benefit of $25,000. Such benefit shall be paid within fourteen (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.
25.
Anti-Discrimination
(a) It is the
intention of the Parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the ground of race, sex, 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 by this Award, the Parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with fulfilment of these obligations for the Parties to make application to
vary any provision of the Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(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 pay 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;
or
(iv) a Party to
this Award 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 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.”
26.
Personal/Carers Leave
This clause is applicable only in respect to the Carers and
Parental Leave provisions.
26.1 Use
of Sick Leave
(a) An Employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in clause 26.1 (c)(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.
(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 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 factor 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.
(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.
26.2 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 26.1 (c)(ii) above who is ill.
26.3 Annual
Leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), 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 26.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under this 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.
26.4 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 twelve
(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 26.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with paragraph 26.4(a), the Employee shall be
paid overtime rates in accordance with the award.
26.5 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.
26.6 Rostered
days off
(a) An Employee
may elect, with the consent of the Employer, to take a RDO at any time.
(b) An Employee
may elect, with the consent of the Employer, to take RDOs in part day amounts.
(c) An Employee
may elect, with the consent of the Employer, to accrue some or all RDOs 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 RDO flexibility, and providing a
reasonable opportunity for the Unions to participate in negotiations.
27.
Project Close-Down Calendar
(a) For the purposes of
this Award the Parties agree that the following Project Close-down Calendar
will be adopted for the Project. The
Project Close-down Calendar has been produced with a view to maximising quality
leisure time off for all employees.
Accordingly, the Parties agree that on certain weekends (as set out in
the Project Close-down Calendar), no work shall be carried out.
(b) Provided,
however, where there is an emergency or special client need, work can be
undertaken on the weekends and adjacent RDO’s as set out below, subject to the
agreement of the appropriate union secretary, or his or her nominee. In such circumstances reasonable notice
(where possible), shall be given to the Unions (or the Project Delegate).
Project Close-down Calendar 2003
|
Saturday
|
January 25
|
|
|
Sunday
|
January 26
|
|
|
Monday
|
January 27
|
Australia Day Public Holiday
|
|
Tuesday
|
January 28
|
RDO
|
|
|
|
|
|
Thursday
|
April 17
|
RDO
|
|
Friday
|
April 18
|
Good Friday Public Holiday
|
|
Saturday
|
April 19
|
|
|
Sunday
|
April 20
|
|
|
Monday
|
April 21
|
Easter Monday Public Holiday
|
|
|
|
|
|
Saturday
|
June 7
|
|
|
Sunday
|
June 8
|
|
|
Monday
|
June 9
|
Queens Birthday Public Holiday
|
|
Tuesday
|
June 10
|
RDO
|
|
|
|
|
|
Saturday
|
October 4
|
|
|
Sunday
|
October 5
|
|
|
Monday
|
October 6
|
Labour Day Public Holiday
|
|
Tuesday
|
October 7
|
RDO
|
|
|
|
|
|
Saturday
|
November 29
|
|
|
Sunday
|
November 30
|
|
|
Monday
|
December 1
|
Picnic Day
|
|
Tuesday
|
December 2
|
RDO
|
|
|
|
|
Christmas/New Year
December/January to be determined at site
level.
Project Close-down Calendar 2004
|
Saturday
|
January 24
|
|
|
Sunday
|
January 25
|
|
|
Monday
|
January 26
|
Australia Day Public Holiday
|
|
Tuesday
|
January 27
|
RDO
|
|
|
|
|
|
Friday
|
April 9
|
Good Friday Public Holiday
|
|
Saturday
|
April 10
|
|
|
Sunday
|
April 11
|
Easter Sunday
|
|
Monday
|
April 12
|
Easter Monday Public Holiday
|
|
Tuesday
|
April 13
|
RDO
|
|
|
|
|
|
Saturday
|
April 25
|
|
|
Sunday
|
April 26
|
|
|
Monday
|
April 27
|
Anzac gazetted holiday
|
|
Tuesday
|
April 28
|
RDO
|
|
|
|
|
|
Saturday
|
June 12
|
|
|
Sunday
|
June 13
|
|
|
Monday
|
June 14
|
Queens Birthday Public Holiday
|
|
Tuesday
|
June 15
|
RDO
|
|
|
|
|
|
Saturday
|
October 2
|
|
|
Sunday
|
October 3
|
|
|
Monday
|
October 4
|
Labour Day Public Holiday
|
|
Tuesday
|
October 5
|
RDO
|
|
|
|
|
|
Saturday
|
December 4
|
|
|
Sunday
|
December 5
|
|
|
Monday
|
December 6
|
Union Picnic Day
|
|
Tuesday
|
December 7
|
RDO (if applicable)
|
28. Leave Reserved
The Parties are mindful that during the life of this
Project, the majority of the Employers, Employees (and their Unions) will be
re-negotiating the terms and conditions of their Enterprise Agreements. To the extent that the appropriate
legislation permits, the Parties accept that protected action in respect to the
re-negotiation process may occur.
The Parties acknowledge that the integrity of this process
will be observed.
ANNEXURE A
(Parties)
Part 1
Employers:
Bovis Lend Lease Pty Limited
Part 2
Unions:
The Labor Council of New South Wales (The Labor
Council).
Construction, Forestry, Mining and Energy Union (New
South Wales Branch).
The New South Wales Plumbers and Gasfitters Employees'
Union.
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch (also known as AMWU).
Electrical Trades Union of Australia, New South Wales
Branch.
Transport Workers' Union of Australia, New South Wales
Branch.
ANNEXURE B
Part 1
Scheduled Milestones
|
Milestone
|
Objective
|
Indicator
|
Assessment
|
|
1. Programme
|
Achieve new
|
Marked up
|
|
|
|
working Programme
|
Programme and attached
|
|
|
|
milestone and Practical
|
table.
|
|
|
|
completion on 1 May 2005.
|
|
|
|
2. EH&S
|
Protection and relation
|
Minimise disruption to
|
|
|
|
with public.
|
public and traffic flow
|
|
|
|
Reduction of potential
|
to Hunter & Phillip
|
|
|
|
class one occurances.
|
Streets.
|
|
|
|
Compliance
|
Reduction in
|
|
|
|
with work method
|
severity and frequency of
|
|
|
|
statements.
|
P1s.
|
|
|
|
Inductions
|
Reduction in safety
|
|
|
|
Lost Time injuries
|
indicators.
|
|
|
|
|
Monitor SWMS and
|
|
|
|
|
actual method.
|
|
|
|
|
All employees
|
|
|
|
|
attend SWMS induction
|
|
|
|
|
for all works and regular
|
|
|
|
|
toolbox meetings.
|
|
|
|
|
First Aid Summary
|
|
|
3. Quality
|
Compliance with AFC
|
Verification of ITP
|
|
|
|
specifications drawings and
|
and Consultant QA
|
|
|
|
documentation.
|
report.
|
|
|
4. Behaviour /
Hours of
|
Quiet Enjoyment of
|
Complaints
|
|
|
Work
|
existing tenants.
|
Registrar
|
|
|
5. Zero Lost Time
|
No lost time due
|
Marked up
|
|
|
|
to site wide stoppages
|
Programme
|
|
Part 2
Programme Milestones.
|
Milestone 1
|
Demolition Complete
|
1 January 2003
|
|
Milestone 2
|
Tower Structure Complete
|
26 October 2004
|
|
Milestone 3
|
Building Waterproof
|
22 January 2005
|
|
Milestone 4
|
Removal of Cranes & Hoardings
|
26 March 2005
|
|
Milestone 5
|
Lifts Commissioned
|
8 March 2005
|
|
Milestone 6
|
Practical Completion
|
1 May 2005
|
ANNEXURE C
Authority To Obtain From DIMA Details Of Immigration Status
|
I,
|
|
|
[Family Name]
|
(Given Name/s)
|
|
|
|
|
|
|
|
Date of Birth:
|
Nationality:
|
|
|
|
|
|
|
|
Visa number:
|
Passport number:
|
|
|
|
authorize 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 the employer
representative or an authorised trade union officer on request.
I also understand the above-named 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:
|
Fax:
|
Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: (02) 9258 4730
Fax: (02) 9258 4763
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.