JOHN HOLLAND PTY LTD/UNIONS OF NEW SOUTH WALES ASIAN ELEPHANT PRECINT
PROJECT AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Master
Builders Association of New South Wales, an industrial organisation of
employers.
(No. IRC 5353 of 2003)
|
Before The Honourable
Justice Staunton
|
12 November 2003
|
AWARD
1.
Arrangement
Clause No. Subject Matter
1. Arrangement
2. Objectives
3. Definitions
4. Application
5. Duration
6. Industry
Standards
6.1 Superannuation and Redundancy
6.2 Top-Up/24-Hour Income Protection Insurance
6.3 Productivity Incentive Payment
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.2 Environment, Health and Safety Plans
7.3 The Safety Committee
7.4 Safety Procedures
7.5 OH&S Industry Induction
7.6 Formwork Safety
7.7 Temporary Power/Testing and Tagging
7.8 Crane Safety
8. Dispute
Resolution
8.1 Employer-Specific Disputes
8.2 Project-Wide Disputes
8.3 Demarcation Disputes
8.4 Procedures to Prevent Disputes Regarding Non-Compliance
8.5 Withholding Payment
9. Monitoring
Committee
10. Productivity
Initiatives
10.1 Learning Initiatives
10.2 Inclement Weather
10.3 Rostered Days Off
10.4 Maximising Working Time
10.5 Hours of Work
11. Immigration
Compliance
12. Long
Service Compliance
13. No Extra
Claims
14. No
Precedent
15. Union
Rights
15.1 Visiting Union Officials
15.2 Workplace Delegates
15.3 Union Membership
16. Australian
Content
17. Protective
Clothing
18. Workers'
Compensation and Insurance Cover
19. Apprentices
20. Training
and Workplace Reform
21. Project
Death Cover
22. Anti-Discrimination
23. Personal/Carer's
Leave
23.1 Annual Leave/Sick Leave Entitlements
23.2 Use of Sick Leave
23.3 Unpaid Leave for Family Purpose
23.4 Annual Leave
23.5 Time Off in Lieu of Payment for Overtime
23.6 Make-Up Time
23.7 Rostered Days Off
24. Project
Close-Down Calendar
Annexure A - Parties
Annexure B - Authority to Obtain from DIMA Details of Immigration Status
Annexure C - Project Incentive Payments by Milestone
Dates
2.
Objectives
2.1 The parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(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;
(f) Increased
scope of subcontract work packages to promote genuine skills enhancement and
acquisition by employees;
(g) Provision of a
career structure for all employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health and safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this award and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Improved wages
and conditions for all employees working on the Project;
(n) Increased
leisure time for employees by eliminating excessive hours of work;
(o) Enhancing job
opportunities for persons who have a legal right to work including persons who
wish to take on apprenticeships or traineeships;
(p) Encourage all employers to have
enterprise agreements with the relevant union or unions;
(q) Compliance with the NSW Government
Construction Industry Code of Practice.
3. Definitions
"Award" means this John Holland Pty Ltd/Unions of
New South Wales Asian Elephant Precinct Project Award 2003 made between the
parties.
"Building awards" means each of the National
Building and Construction Industry Award 2000; the Plumbers and Gasfitters
(State) Consolidated Award (313 I.G. 709); the Electrical, Electronic and
Communications Contracting (State) Award (318 I.G. 645); the Building and
Construction Industry (State) Award (327 I.G. 279); and the National Metal and
Engineering On-site Construction Industry Award 2002.
"Employer name" means John Holland Pty Ltd of 235
Pyrmont Street, Pyrmont NSW 2009.
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by an employer
and who performs work on the Project.
"Employer" means John Holland and/or any
subcontractor/s engaged to work on the Project.
"Enterprise agreement" means an agreement
registered or certified under the Workplace Relations Act 1996 (Cth) or
approved under the Industrial Relations Act 1996 (NSW).
"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 9 of this award.
"Parties" means the employers, and the unions
referred to in Annexure A to this award.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Project Milestones" means the milestones listed
in Annexure C to this award as amended by the Monitoring Committee from time to
time.
"Project" means the construction works contracted
to John Holland at Taronga Zoo known as the Asian Elephant Precinct, NSW.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by John Holland from time to time.
"Safety Committee" means the Site Safety Committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"T.E.T.A" means Transport Education Training
Australia.
"Unions" means each of the unions listed in Part 2 of Annexure A to this award.
4. Application
4.1 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.
4.2 Where John
Holland 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.
4.3 The parties
also acknowledge and agree that the terms of this award form part of the tender
conditions for work on this Project.
4.4 This
award is generally intended to supplement and co-exist within the terms of
existing enterprise agreements and awards and its 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.
5.
Duration
5.1 This award
shall operate on and from 17 February 2003 until Practical Completion.
6.
Industry Standards
6.1 Superannuation and Redundancy
(a) The parties
acknowledge that a contribution of 9% of ordinary-time earnings 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 payment 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 $61.00 per week into ACIRT or MERT or other schemes approved by the parties.
6.2 Top-Up/24-Hour Income Protection
Insurance
(a) 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.
6.3 Project Productivity Incentive
Payment
(a) The employer
will pay a Productivity Incentive Payment for persons engaged on the Project of
$1.75 for each hour worked on the Project, in exchange for the productivity
work practices detailed within this award and the achievement of Programme
Milestones listed in Annexure C to this award.
(b) The
Productivity Incentive Payment shall be paid at a flat rate and shall not
attract any premium or penalties.
(c) A $1.00
component of the $1.75 per hour Productivity Incentive Payment will be made
progressively to all employees engaged on the Project.
(d) The balance
$0.75 component of the $1.75 per hour Productivity Incentive Payment will be
paid to each employee as a lump sum within 14 days after the achievement of
each Target Programme Milestone.
(e) The
Productivity Incentive Payment referred to in this clause is in addition to and
outside of any "Productivity Allowance" stipulated in the employer's
enterprise agreement.
(f) Transport
Drivers
(i) Employees -
Rates of Pay
It is further agreed that any transport worker carrying
out 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 has had a regular involvement of two hours
or more on any day with the Project.
(ii) 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 (301 I.G. 1082) for the
cartage of materials to, on and from the site.
(iii) 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.
7. Environment, Health, Safety and
Rehabilitation (EHS&R)
7.1 Induction
(a) All employees
must attend an agreed EHS&R site induction course on commencement of
engagement on site.
(b) The parties
recognise the EHS&R induction training provided by T.E.T.A. for casual and
permanent transport workers who fall within the scope of the award.
7.2 Environment, Health and Safety Plans
(a) All employers
must submit an EHS&R management plan.
These plans should include evidence of:
(i) risk assessment
of their works;
(ii) hazard
identification, prevention and control;
(iii) planning and
re-planning for a safe working environment;
(iv) industry and
trade specific induction of employees;
(v) monitoring
performance and improvement of work methods;
(vi) reporting of
all incidents/accidents;
(vii) compliance
verification; and
(viii) regular
EHS&R meetings, inspections and audits of the
Project.
7.3 The Safety Committee
(a) The Safety Committee
will be properly constituted with an agreed constitution. All members of the Safety Committee will
undertake agreed Occupational Health and Safety (OH&S) training with Comet
Training or other agreed providers.
7.4 Safety Procedures
(a) The parties
acknowledge and agree that all parties are committed to safe working
procedures.
(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 Environmental 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) 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.
(d) 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.
7.5 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.
7.6 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 will be contacted to assess the
qualifications of the relevant employee.
7.7 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 tradespersons.
Testing and tagging is to be carried out only by qualified electrical
tradespersons.
7.8 Crane
Safety
No mobile crane will be allowed on the
Project site unless it has been certified by Cranesafe Australia (New South
Wales). Such cranes will be required to
display their current Cranesafe inspection label.
8.
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.
8.1 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, John Holland and the appropriate
union official;
(e) Discussion
between the Secretary of the relevant union (or nominee) and the John Holland
NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), 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
(NSW).
(g) Work shall continue
without interruption or dislocation during discussion and negotiations concerning the dispute.
8.2 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 John Holland and the union delegate;
(c) Discussion
between site management representatives of John Holland and the union
organiser;
(d) Discussion
between senior management of John Holland and the appropriate union official;
(e) Discussion
between the Secretary of the relevant union (or nominee) and the John Holland
NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), 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
(NSW);
(g) Work shall
continue without interruption or dislocation during discussion and negotiations concerning the dispute.
8.3 Demarcation
Disputes
In the event that a dispute arises which cannot be
resolved between the relevant unions, the unions agree to the following
dispute-settling procedure:
(a) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes;
(b) Discussion
between the Labor Council and the unions to try to resolve the dispute;
(c) If the dispute
is not resolved after step (b), either union may notify the dispute to the
Industrial Relations Commission of New South Wales and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations
Act 1996 (NSW). Further, 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 NSW for resolution.
8.4 Procedures to Prevent Disputes Regarding
Non-Compliance
(a) John Holland, in association with the
accredited site union delegate, will check monthly payments of subcontractors'
companies engaged on site in relation to superannuation, redundancy and extra
insurance to ensure payments for employees have been made as required. John Holland and the site delegate shall
also check that employers have not introduced arrangements such as and not
limited to "all-in" payments and/or "cash-in-hand" payments
(i.e. payments designed to avoid tax and other statutory obligations and sham
subcontract arrangements.) Where such
practices are identified, the employer will take immediate steps to ensure that
any such arrangements are rectified and that any employee affected by any such
arrangement receives all statutory entitlements.
(b) Each subcontractor engaged on site will
be specifically advised and monitored in respect of payroll tax and required to
comply with their lawful obligations.
(c) In accordance with section 127 of the Industrial
Relations Act 1996, section 175(b) of the Workers Compensation Act
1987 or Part 5B s1G-31J of the Payroll Tax Act 1971, the principal
contractor will obtain all applicable subcontractors' statements regarding
workers’ compensation, payroll tax and remuneration. A copy of these statements will be available on request to an
accredited trade union officer or site delegate.
(d) The union delegate or union official
shall advise John Holland if they believe the information which has been
provided by any subcontractor is not correct.
(e) Any dispute concerning non-compliance
shall be resolved in accordance with the dispute-settling procedures of this
award.
8.5 Withholding Payment
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.
9. Monitoring Committee
9.1 The parties
may establish a committee to monitor the implementation of this award.
9.2 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.
9.3 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:
(a) developing
more flexible ways of working;
(b) enhancing
occupational health and safety;
(c) productivity
plans; and
(d) compliance
with award and other statutory requirements by employers.
9.4 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.
10. Productivity Initiatives
10.1 Learning Initiatives
Each employer shall be required to demonstrate to John
Holland implementation of commitment to skill enhancement and workplace reform while working on the Project.
10.2 Inclement Weather
(a) The parties to
this award will collectively proceed towards the minimisation of lost time due
to inclement weather.
(b) Further, the
parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) 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);
(iii) Where the
initiatives described in (b) above 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;
(iv) All parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
(v) The parties
agree the practice of "one out, all out" will
not occur.
10.3 Rostered Days Off
(a) Subject to
clause 24, Project Close-Down Calendar, a procedure for the implementation of rostered
days off (RDOs) will be agreed on the Project, the purpose of which is to:
(i) increase the
quality of working life for employees; and
(ii) increase the
productivity of the Project.
(b) A roster of
RDOs will be prepared following consultation with the workforce and parties to
this award.
(c) 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 CEPU.
(d) Where
practicable, Saturday work prior to the published industry
RDOs will not be worked.
10.4 Maximising Working Time
(a) 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.
10.5 Hours of Work
(a) Ordinary hours
of work shall be eight hours per shift between 6.00 a.m. and 6.00 p.m. Monday
to Friday. However, ordinary hours may
commence from 5.00 a.m. by agreement between the employer, employee and
relevant union.
11. Immigration Compliance
11.1 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 of the importance of immigration compliance. Where there is concern that illegal immigrants are being engaged
by an employer on the Project, John Holland will act decisively to ensure
compliance.
11.2 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 Appendix B will assist in providing evidence of the employee’s legal status.
12. Long Service Compliance
12.1 If applicable,
and in accordance with the NSW Long Service Leave (Building and Construction
Industry) Act 1981, no employee will be engaged on site unless he or she is
a worker registered with the NSW Long Service Payments Corporation. 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.
13. No Extra Claims
13.1 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.
14. No Precedent
14.1 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.
15.
Union Rights
The parties to this award acknowledge the right of employees
to be active union members and respect the right of the 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.
15.1 Visiting Union Officials
(a) Where
practicable, 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 building awards, the Occupational Health and Safety Act 2000
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 building awards, enterprise agreements, the Industrial
Relations Act 1996 (NSW) or other statutory employer requirements.
15.2 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, then the expression "delegate" means each
and every such delegate so accredited by the union in relation to that
employer’s workforce.
(a) Rights of the
Delegate
(i) The parties
acknowledge it is the sole right of the union and its members to elect the
delegate for each work site who shall be recognised as the authorised
representative of the union at the site.
(ii) 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.
(iii) 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.
(iv) 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;
in the introduction of new technology and other forms
of workplace change;
in career path, reclassification, training issues and the
initiation of discussions and negotiations on any other matters affecting the
employment of members;
in ensuring that workers on site are paid their correct
wages, allowances and other lawful entitlements;
in checking with relevant industry schemes so as to
ensure that superannuation, long service leave and redundancy have been paid on
time.
(v) In order to
assist the delegate to effectively discharge his or her duties and
responsibilities, the delegate shall be afforded the following rights:
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 ten 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.
(vi) The employer of
a delegate shall provide to the delegate the following:
a lockable cabinet for the keeping of records;
a lockable notice board for the placement of union
notices at the discretion of the delegate;
where practicable and only if agreed by the parties,
i.e. on large sites, a union office;
where a union office room is not practicable, access to
a meeting room;
use of the telephone for legitimate union business;
from existing resources and, when required, access to:-
a word-processor, typewriter or secretarial support at
the workplace;
a photocopier or facsimile machine.
(vii) 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.
15.3 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:
(a) If requested
by the union and on the written authority by 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;
(b) Supply all
employees with a union application form at the same time as employees are
provided with their taxation declaration form;
(c) Provide the
union with access to talk to new employees at induction training.
Nothing in this subclause shall
be contrary to the relevant legislation.
16. Australian Content
16.1 The Project
Manager shall endeavour to maximise Australian content in materials and
construction equipment on the Project where practical and feasible.
17. Protective Clothing
17.1 Employers will
provide their employees engaged on site with legally produced Australian-made
protective clothing and footwear on the following basis:
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement, if not already provided, to all persons engaged on site and will be
replaced as a result of fair wear and tear, provided they are produced to the
employer as evidence.
(b) 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, provided they are produced
to the employer as evidence.
(c) 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.
17.2 In
circumstances where any employee(s) of employers are transferred to the Project
from another project where an issue of equivalent clothing was made, then such
employee shall not be entitled to an issue for this Project until the expiry of
the calendar year or on a fair wear-and-tear basis.
17.3 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 relevant industrial
instrument shall not be entitled to the provisions of this clause
17.4 Employers will
consult with the Labor Council to be provided with a list of Australian
manufacturers who do not use illegal or exploited labour in the manufacture of
their work clothes.
17.5 Notwithstanding
anything else contained in this clause, all transport employees/contractors
will be supplied with safety footwear, one set of clothing and one jacket prior
to the commencement of work at the site.
However, the Company does not need to supply the above if the said
employee/contractor has been issued with the clothing by the principal contractor
within the previous 12 months and the principal contractor can
substantiate that fact.
18.
Workers' Compensation and Insurance Cover
18.1 Employers must
ensure that all persons that they engage to work on the Project are covered by
workers' compensation insurance.
18.2 John Holland
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.
18.3 Employers and
their employees must comply with the following steps to ensure expedited
payment of workers' compensation:
(a) All employees
will report injuries to the Project first-aider and their supervisor at the earliest
possible time after the injury.
(b) 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 the
employee’s supervisor.
(c) In cases where
the employee is unable to comply with the above, the relevant employer will
assist in fulfilling requirements for making a claim.
18.4 Employers must
ensure that they are aware of and will abide by sections 63 to 69 of the Workplace
Injury Management and Workers Compensation Act 1998, which provide that:
(a) The employer
shall keep a register of injuries/site accident book in a readily accessible
place on site;
(b) 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;
(c) An employer
who receives a claim for compensation must, within seven days of receipt,
forward the claim or documentation to their insurer;
(d) 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;
(e) 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.
18.5 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.
18.6 The
employer will also complete the relevant accident notification form and send it
to WorkCover.
19.
Apprentices
19.1 As part of the
Project’s commitment to industry training, a ratio of one apprentice/trainee to
every five tradespersons within each employer’s workforce is to be maintained.
20. Training and Workplace Reform
20.1 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. Project Death Cover
21.1 John Holland
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 $25,000.00. 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.
22.
Anti-Discrimination
22.1 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.
22.2 This includes
discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
22.3 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 of operation, has a direct or indirect
discriminatory effect.
22.4 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.
22.5 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
22.6 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."
23.
Personal/Carer's Leave
23.1 Annual
leave/Sick Leave Entitlements
An employee's entitlement to sick leave and
annual leave will be no less than that in the relevant building award.
23.2 Use
of Sick Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) of this subclause who
needs the employee’s care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement 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 spouse of the employee; or
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
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
a same sex partner who lives with the employee as the
de factor partner of that employee on a bona fide domestic basis; or
a relative of the employee who is a member of the same
household where, for the purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer prior notice 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.
23.3 Unpaid
Leave for Family Purpose
(a) An employee may elect, with the consent
of the employer, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in subparagraph (ii) of
paragraph (c) of subclause 23.2 of this clause who is ill.
23.4 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 (a) of this subclause, 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.
23.5 Time
Off in Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
23.6 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.
23.7 Rostered
Days Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the unions to participate in
negotiations.
24.
Project Close-Down Calendar
24.1 For the
purposes of this award, the parties agree that the following calendar will be
adopted for the Project. The 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 calendar) no work shall be
carried out.
Provided, however, where there is an emergency or special
client need, work can be undertaken on the weekends and adjacent RDOs as set
out below, subject to the agreement of the appropriate union secretary or
nominee. In such circumstances
reasonable notice (where possible) shall be given to the union (or union
delegate).
Site Calendar
2003
|
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
|
Queen's 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.
Site 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 24
|
|
|
Sunday
|
April 25
|
|
|
Monday
|
April 26
|
Anzac Day gazetted holiday
|
|
Tuesday
|
April 27
|
RDO
|
|
|
|
|
|
Saturday
|
June 12
|
|
|
Sunday
|
June 13
|
|
|
Monday
|
June 14
|
Queen's Birthday Public Holiday
|
|
Tuesday
|
June 15
|
RDO
|
|
|
|
|
|
Saturday
|
October 2
|
|
|
Sunday
|
October 3
|
|
|
Monday
|
October 4
|
Labor 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)
|
Site Calendar 2005
To be determined by the parties.
ANNEXURE A
PARTIES
Part 1 - Employers
John Holland Pty Ltd; and any subcontractors engaged to
work on the Project.
Part 2 - Unions
Labor Council of New South Wales (Labor Council);
Construction, Forestry, Mining and Energy Union (New
South Wales Branch) (CFMEU);
Communication Electrical Electronic Energy Information
Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing
Division (CEPU);
Electrical Trades Union of Australia, New South Wales
Branch (ETU);
Transport Workers' Union of New South Wales (TWU);
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch (AFMEPKIU) (also known as
AMWU).
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 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: 1800 040
070
|
Fax: 1800 505 550
|
ANNEXURE C
Project Incentive Payments
By Milestone Dates
Target Programme Milestones
All parties to the proposed Project award recognise that the
award must deliver demonstrable benefits to the Minister for Commerce as Principal
and the Zoological Parks Board of New South Wales as the end user. The Project award innovations listed in
section 6.0 of the business case will deliver significant time savings to the
Project and accordingly "Target Programme Milestones" have been
developed realising these benefits.
These milestones are listed below.
|
Milestone No.
|
Works Description
|
Target Programme
Date
|
E.O.T.
|
|
|
|
|
Extended Contract
Date
|
|
1
|
Elephant Barn Completion
|
02 July 2004
|
18 March 2005
|
|
2
|
Bldg 13 Combined Hold Structure
|
19 April 2004
|
18 March 2005
|
|
3
|
HSLB Completion
|
05 August 2004
|
18 March 2005
|
|
4
|
Elephant Moat
|
26 July 2004
|
18 March 2005
|
|
5
|
Landscaping Completion
|
25 September 2004
|
18 March 2005
|
|
6
|
Project Completion
|
15 April 2005
|
19 September 2005
|
The above Target Milestones are provided to generally better
the original contract programme and as such may be adjusted from time to time by
John Holland and the Monitoring Committee in order to reflect unavoidable
Project delays which could be inclement weather or design issues. The milestones as listed above will not be
adjusted due to any industrial action that occurs on site unless such action
occurs as a result of an industry-wide dispute. To accommodate specific Project issues or changes to works
sequencing, the award will allow for one or more milestones to fluctuate from
set goals provided overall Project progress is being achieved as determined by
the Monitoring Committee. If the
parties are in disagreement, then the matter will be referred to the
appropriate tribunal.
P. J. STAUNTON J.
____________________
Printed by
the authority of the Industrial Registrar.