JOHN HOLLAND PTY LTD WOOLWORTHS WYONG REGIONAL DISTRIBUTION CENTRE PROJECT AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by John Holland Pty Ltd.

 

(No. IRC 1606 of 2005 )

 

 

AWARD

 

Arrangement

 

Clause No.          Subject Matter

 

1          Arrangement

2          Introduction

3          Objectives

4          Definition

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

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        Safety Procedures

8.5        OH&S Industry Induction

8.6        Formwork Safety

8.7        Temporary Power/Testing and Tagging

8.8        Crane Safety

9          Dispute resolution

9.1        Employer specific disputes

9.2        Project Wide Disputes

9.3        Demarcation Disputes

9.4        Procedures to prevent Disputes Regarding Non Compliance

10        Project Monitoring Committee

11        Productivity Initiatives

11.1      Learning Initiatives

11.2      Inclement Weather

11.3      Rostered Days Off

11.4      Maximising Working Time

11.5      Hours of Work

12        Immigration Compliance

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      Workplace Delegates

17.3      Union Membership

18        Australian Content

19        Protective Clothing

20        Workers Compensation and Insurance Cover

21        Apprentices

22        Training and Workplace Reform

23        Project Death Cover

24        Anti-Discrimination

25        Personal/Carers Leave

25.1      Use of Sick Leave

25.2      Unpaid Leave for Family Purpose

25.3      Annual Leave

25.4      Time-off in Lieu of Payment for Overtime

25.5      Make-up Time

25.6      Rostered days off

26        Project Close-Down Calendar

 

Annexure A - Parties bound by this Award

Annexure B - DIMA details for Immigration status

Annexure C - Target Program Milestones/Target Schedule Milestones

 

2.  Introduction

 

The Parties acknowledge that the building industry has special features, which may require the Parties to enter into agreements applicable to a particular project.  It is recognised that this Award is not intended to extend the traditional coverage of the Union Parties nor is it intended to cover works not within the scope of works given to John Holland by their client.

 

3.  Objectives

 

3.1.       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 sub-contract 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 & safety on the Project;

 

(i)         Provision of high standards and compliance with environmental principles;

 

(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)        Commitment to positive project outcomes including completion within Budget and in accordance with Target Programme Milestones and Target Scheduled Milestones;

 

(q)        Encourage all employers to have Enterprise Agreements with the relevant union or unions; and

 

(r)         Compliance with the NSW Government Construction Industry Code of Practice.

 

4.  Definitions

 

"Award" means - this John Holland Pty Ltd Woolworths Wyong Regional Distribution Centre Project Award 2004 made between the Parties.

 

"John Holland" means - John Holland Pty Ltd (ABN 11 004 282 268) Level 6, 235 Pyrmont Street, Pyrmont NSW 2000.

 

"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.

 

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

 

"Employer" means - John Holland and/or any subcontractor/s and/or supplementary labour hire providers engaged to work on the Project.

 

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

 

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

 

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

 

"Parties," means - the Employers, and the Unions referred to in Annexure A.

 

"Completion" means - the completion of the Project where the building is fit for occupancy and/or purpose.

 

"Peak Council" means - Unions New South Wales.

 

"Programme Milestones" means - the milestones listed in Part 1 of Annexure C as amended by the Monitoring Committee from time to time.

 

"Project," means - the construction works contracted to John Holland under the Woolworths Wyong Regional Distribution Centre Contract.

 

"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.

 

"Scheduled Milestones" means - those targets described in Part 2 of Annexure C as amended under Clause 7.4 from time to time.

 

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

 

5.  Application

 

5.1.       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.

 

5.2.       Where John Holland 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, supplementary labour hire providers, on wages and conditions, which are less favourable than those set out in this Award.

 

5.3.       The Parties also acknowledge and agree that the terms of this Award form part of the tender conditions for work on this Project for all subcontracts.

 

5.4.       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 Peak Council and the Unions, to manage those issues on the Project that affect more than one Employer.

 

6.  Duration

 

6.1.       This Award shall operate on and from 13 September 2004 and remain in force until 31 December 2005 or Practical Completion, whichever occurs first.

 

7.  Industry Standards

 

7.1.       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.

 

(i)         The Employers will make the following minimum contributions into ACIRT or MERT or other schemes approved by the parties:

 

On and from 13 September 2004, $55.00 per week;

 

and

 

On and from 12 January 2005, $60.00 per week.

 

7.2.       Top Up/24 Hour Income Protection Insurance

 

Each Employer will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with the UPLUS scheme or other similar schemes, which are approved by the parties to this Award.

 

7.3.       Project Productivity Allowance

 

(a)

 

(i)         Subject to subclause 7(c), the Employer will pay a productivity allowance for persons engaged on the project of $1.75 per hour for each hour worked on the Project, in exchange for the productivity work practices detailed within this Agreement and the Scheduled Milestones and Programme Milestones listed in Annexure C.

 

(ii)        The productivity allowance shall be paid at a flat rate and shall not attract any premium or penalties.

 

(iii)       The Project Manager will determine whether the Schedule Milestones and Programmed Milestones have been achieved. The Project Manager will advise the Employers and the Monitoring Committee accordingly.

 

7.4        Payment of the Productivity Allowance

 

(a)        the parties agree that the productivity allowance is paid only if the Schedule Milestones and Programme Milestones are met.

 

(b)        the parties agree to use their best endeavours to meet or exceed the Schedule and Programme milestones.

 

The productivity allowance will be calculated and paid as follows;

 

the Project Manager will review the progress of the Works monthly and will verify the achievement of the Scheduled and Programme Milestones;

 

if the relevant milestones are achieved, the maximum payment will be $1.75 per hour for each hour of time worked on the project;

 

payment will be made as a part of weekly wages; and

 

payment will commence on and from 13 September 2004.

 

In the event that a relevant Scheduled or Programme Milestone is not achieved, the Monitoring Committee shall meet with the Project Manager to determine:

 

(i)         The reason why the milestone was not achieved; and

 

(ii)        The action required to achieve the next relevant milestone.

 

If a relevant milestone is not achieved for two consecutive months, the productivity allowance will cease being paid. However, if in the following period work catches up to the program and the relevant Programme Milestone is achieved, and the Scheduled Milestones are achieved, productivity allowance payments will recommence and shall include payments for the preceding period(s) not paid.

 

The Monitoring Committee will be advised monthly or ‘as needed’, by the Project Manager on the status of the project as measured against the Target Schedule and Target Program Milestones.

 

(c)        Transport Drivers Employees

 

(i)         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 (2) 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 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

 

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

 

8.1.       Induction

 

(a)        All Employees must attend an agreed EHS&R site induction course on commencement of engagement on site.

 

(b)        All transport workers involved on the project shall undertake an appropriate Blue Card Induction Program conducted by a licensed Blue Card Training Provider in conjunction with the employer and the Transport Workers’ Union.

 

8.2.       Environment, Health and Safety Plans

 

(a)        All Employers must submit an environment, health safety and rehabilitation 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.

 

8.3.       The Safety Committee

 

The Safety Committee will be properly constituted with an agreed constitution.  All members of the Safety Committee will undertake agreed Occupational Health and Safety training with Comet Training or other agreed providers.

 

8.4.       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 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 the Code of Practice, in the event that an unsafe condition exists, work is to continue in all areas not affected by that condition and those employers may direct employees to move to a safe place of work. No employee will be required to work in any unsafe area or situation.

 

8.5.       OH & S Industry Induction

 

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

 

8.6.       Formwork Safety

 

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

 

8.7        Temporary Power/Testing and Tagging

 

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

 

8.8        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.

 

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. If the dispute is not resolved within 48 hours it should proceed to Clause 9.1 (d);

 

(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;

 

(h)        An objective of the Parties is to resolve disputes within seven (7) days.

 

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 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 and/or the Peak Council requested by a Party where (or nominee/s) and 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)        An objective of the Parties is to resolve disputes within seven (7) days;

 

(h)        Work shall continue without interruption or dislocation during discussion and negotiations concerning the dispute.

 

9.3.       Demarcation Disputes

 

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

 

(a)

 

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

 

(ii)        Discussion between the Peak Council and the Unions to try to resolve the dispute.

 

(iii)       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)

 

9.4        Procedures to prevent Disputes Regarding Non- Compliance

 

(a)        The Code of Practice for the Construction Industry establishes clear principles and specifically addresses the standard of behaviour expected of parties involved in NSW Government funded projects. Section 7.1 of the Code of Practice states that arrangements or policies designed to avoid award and/or legislative obligations are not permitted. The Code further states that it is the responsibility of contractors, subcontractors and supplementary labour hire providers to ensure their employees are appropriately engaged, remunerated and there is compliance with the relevant tax law. Where an employer is found to be in breach of the Code, there shall be no reduction in rates of pay to employees and the provisions of this Project Award shall be applied to all employees of the employer.

 

(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 Sub-Contractors 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 that has been provided by the subcontractor is not correct.

 

(e)        Any dispute concerning non-compliance shall be resolved in accordance with this clause.

 

10.  Project Monitoring Committee

 

10.1.     The Parties may establish a committee to monitor the implementation of this Award.

 

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

 

10.3.     The Monitoring Committee will 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)

 

(i)         developing more flexible ways of working;

 

(ii)        enhancing occupational, health and safety;

 

(iii)       productivity plans, and

 

(iv)      compliance with award and other statutory requirements by employers.

 

10.4.     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.

 

10.5.     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 may be referred back to the Commission for determination.

 

11.  Productivity Initiatives

 

11.1.     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.

 

11.2.     Inclement Weather

 

(a)

 

(i)         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.

 

11.3.     Rostered Days Off

 

(a)        Subject to Clause 26, Project Close-Down Calendar, a procedure for the implementation of Rostered Days Off (RDOs) will be agreed on the Project. The purpose which is to:

 

(i)         increase the quality of working life for Employees; and

 

(ii)        increase the productivity of the Project.

 

(b)        A roster of RDO's 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 employees pay slip and copies made available to the Employee, the Employee’s delegate or union official upon request of the employee. It is acknowledged that different arrangements in relation to the banking of RDO`s may apply to members of the CEPU.

 

(d)        Where practicable, Saturday work prior to the published industry RDO's will not be worked.

 

11.4.     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.

 

11.5.     Hours of Work

 

(a)

 

(i)         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. This clause will not override existing arrangements within an individual enterprise.

 

12.  Immigration Compliance

 

12.1.     The Parties are committed to compliance with Australian immigration laws so as to ensure maximum work opportunities for unemployed permanent residents and Australian citizens. John Holland will advise Employers of the importance of immigration compliance. Where there is concern that an employer on the Project is engaging illegal immigrants, John Holland will act decisively to ensure compliance.

 

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

 

13.  Long Service Compliance

 

13.1.     If applicable, and in accordance with the NSW Building and Construction Industry Long Service Leave Act, 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 and will strictly comply with their obligations.

 

14.  No Extra Claims

 

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

 

15.  No Precedent

 

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

 

16.  Single Bargaining Unit

 

16.1.     This Award was negotiated by Unions New South Wales on behalf of the Unions and by John Holland 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 union to organize and recruit employees. The Parties to this Award also acknowledge that good communication between the union officials, 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

 

(i)         Where practicable, Union officials (party to this Award) when arriving onsite, shall call at the site office and introduce themselves to a Project Management representative of John Holland, prior to pursuing their union duties.

 

(ii)        Union officials shall produce their right of entry permits, if required, and observe the relevant Building Awards, the Occupational Health and Safety Act and Regulations, and other statutory/legislative obligations for entry to the site.

 

(iii)       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.

 

(iv)       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.

 

(v)        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 Employer Statutory requirements

 

17.2.     Workplace Delegates

 

Definition

 

In this Award the expression "delegate" means an employee who is the accredited representative of the Union at an employer’s work place, 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)

 

(i)         Rights of the Delegate

 

(ii)        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.

 

(iii)       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.

 

(iv)      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.

 

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

 

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

 

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

 

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

 

Ensuring that workers on site are paid their correct wages, allowances and other lawful entitlements.

 

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

 

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

 

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

 

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

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

 

(vii)     The Employer of a delegate shall l provide delegates 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 delegates;

 

where practicable, 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;

 

personal computer and e-mail access;

 

a photocopier or facsimile machine.

 

(viii)    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.

 

17.3.     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. Nothing in this clause shall be contrary to the law.

 

To assist in this process the Employer shall:

 

(a)

 

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

 

(ii)        Provide the union with access to talk to new employees at induction training;

 

(iii)       Ensure that all supervisors are trained in the provisions of the Project Award and the employer’s policy on union membership.

 

18.  Australian Content

 

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

 

19.  Protective Clothing

 

19.1.     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 on a 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 and 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 woollen bluey jacket or equivalent, which will be replaced once per calendar year on a fair wear and tear basis.

 

19.2.     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 to this Project until the expiry of the calendar year or on a fair wear and tear basis.

 

19.3      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.

 

19.4      Employers will consult with the Peak Council to be provided with a list of Australia Manufacturers who do not use illegal or exploited labour in the manufacturing of their work clothes.

 

19.5      Employers of transport workers who regularly have transport workers on the project will supply workers with Safety Footwear, 1 set of Clothing and 1 Jacket prior to the commencement of work at the site.  However the Employer does not need to supply the above if the said transport worker has been issued with the clothing within the previous twelve (12) months and the Employer can substantiate that fact.

 

20.  Workers Compensation and Insurance Cover

 

20.1.     Employers must ensure that all persons that they engage to work on the project are covered by workers compensation insurance.

 

20.2.     John Holland will obtain Workers Compensation Certificates of Currency from each Employer engaged on site and a declaration (WorkCover’s Subcontractor Statement) from each Employer that they have paid the premiums in respect to that insurance. John Holland in conjunction with the site union delegate will review 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.

 

20.3.     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 their 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.

 

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

 

(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 (7) 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 (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 forward such money to the person entitled to the compensation within three (3) working days;

 

20.5.     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 immediately

 

20.6.     The Employer will also complete the relevant accident notification form and send it to WorkCover.

 

21.  Apprentices

 

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

 

22.  Training and Workplace Reform

 

22.1.     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.

 

23.  Project Death Cover

 

23.1.     John Holland will guarantee 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.

 

24.  Anti-Discrimination

 

24.1.     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.

 

24.2.     This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.  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.

 

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

 

24.4.     Nothing in this clause is to be taken to affect:

 

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

 

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

 

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

 

(d)        a party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

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

 

25.  Personal/Carers Leave

 

25.1.     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 25.1 (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 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 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

 

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 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.

 

25.2.     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 25.1 (c)(ii) above who is ill.

 

25.3.     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 25.3(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.

 

25.4.     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 according with paragraph 25.4(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 25.4(a), the Employee shall be paid overtime rates in accordance with the award.

 

25.5.     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 a later time), at the shift work rate, which would have been applicable to the hours taken off.

 

25.6.     Rostered days off

 

(a)        An Employee may elect, with the consent of the Employer, to take a rostered day off at any time.

 

(b)        An Employee may elect, with the consent of the Employer, to take rostered days off in part day amounts.

 

(c)        An Employee may elect, with the consent of the Employer, to accrue some or all-rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the Employer and Employee, or subject to reasonable notice by the Employee or the Employer.

 

(d)        This subclause is subject to the Employer informing each Union which is both party to the Award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Unions to participate in negotiations.

 

26.  Project Close-Down Calendar

 

26.1      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 RDO’s 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).

 

The provisions of this clause should be read in conjunction with the Annual Building and Construction Industry Rostered Days Off Calendar.

 

SITE CALENDAR 2004

 

 

SITE CALENDAR 2005

 

 

ANNEXURE A

 

Parties

 

Part 1

 

EMPLOYERS:

 

John Holland Pty Ltd

 

and any subcontractors engaged to work on the project.

 

Part 2

 

UNIONS:

 

Unions  New South Wales

 

Automotive Food Metals Engineering Printing & Kindred Industries Union

 

Construction Forestry Mining and Energy Union, New South Wales Branch

 

Communication Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing Division;

 

Electrical Trades Union of Australia (NSW Branch)

 

Transport Workers Union

 

ANNEXURE B

 

Authority to obtain from DIMA details of immigration status

 

 

Please send or fax this form to:

The Department of Immigration and Multicultural Affairs

Phone: 1800 040 070 Fax: 1800 505 550

 

ANNEXURE C

 

PART 1: TARGET PROGRAMME MILESTONES

 

 

NOTE:

 

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

 

2.          Payments shall be made progressively on a weekly basis if it is agreed by the Monitoring Committee that the milestones for the project are being or have been met, in accordance with this Award.

 

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

 

4.          Unavoidable project delays shall include all extensions of time as approved by the Client under the Head Contract and delays caused to Target Programme Milestones as a result of works re-programming or re-scheduling by John Holland to meet contractual completion requirements.

 

PART 2

 

TARGET SCHEDULE MILESTONES

 

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.