Upfront Scaffolding Pty Ltd/CFMEU Enterprise Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Construction, Forestry, Mining and Energy Union (New South Wales Branch), Industrial Organisation of Employees.

 

(No. IRC 6231 of 2005)

 

 

AWARD

 

Clause No.         Subject Matter

 

1.         Title

2.         Definitions

3.         Parties And Persons Bound

4.         Relationship To Parent Award

5.         Duration Of The Award

6.         No Extra Claims

7.         Company Consultative Committee

8.         Objectives

9.         Protective Clothing

10.       Wage Rates/Remuneration

11.       Terms Of Employment

12.       Payment Of Wages

13.       Travel

14.       Inclement Weather

15.       Training And Related Matters

16.       Annual Leave

17.       Casual Labour

18.       Dispute Settlement Procedures

19.       Occupational Health And Safety

20.       Company Drug And Alcohol Policy

21.       Hours Of Work / Rostered Days Off

22.       Right Of Entry

23.       Employee Awareness

24.       No Disadvantage

25.       Long Service Leave

26.       Picnic Day

27.       Trade Union Rights And Representation

28.       Immigration Compliance

29.       Counselling And Disciplinary Procedures

30.       Audit And Compliance

31.       Endorsement Of The Agreement

 

Appendix A

Discrimination and Sexual Harassment

 

Appendix B

Award Classification Structure

Rates applicable

 

Appendix C

Extra Benefits and Provisions

 

Appendix D

Apprentices

 

Appendix E

Leisure Days and Public Holidays Calendar 2005-2008

 

Appendix F

Counselling and Disciplinary Procedures/Termination of Employment

 

Appendix G

Authority to obtain details of work rights from DIMIA

 

1.  Title

 

This Enterprise Award shall be known as the:

 

Upfront Scaffolding Pty. Ltd./CFMEU Enterprise Award.

 

2.  Definitions

 

The Company: Upfront Scaffolding Pty. Ltd. (hereinafter referred to as "the Company") Address: Unit 8, 17 Tile Street, Wacol QLD 4076 Telephone: (07) 3879 4199 Facsimile: (07) 3879 4188

 

Parent Awards: Building and Construction Industry (State) Award (hereinafter referred to as "the Parent Award")

 

Union: Construction Forestry Mining Energy Union (Construction and General Division) New South Wales Branch (hereinafter referred to as "the Union")

 

The Agreement: Upfront Scaffolding Pty. Ltd./CFMEU Enterprise Award expiring 31 March 2008 (hereinafter referred to as "the Award")

 

3.  Parties and Persons Bound

 

(a)        The Company in respect to all of its Employees engaged in building and construction & related work in NSW as defined by the Parent Award.

 

(b)        The Construction Forestry Mining Energy Union (Construction and General Division) New South Wales Branch.

 

(c)        Employees (hereinafter referred to as "Employees") of the Company who are engaged in any of the occupations, callings or industries specified in the Parent Award.

 

4.  Relationship to Parent Award

 

(a)        Subject to paragraph (b) hereunder, this Award is supplementary to, and shall be read and interpreted wholly in conjunction with the Building and Construction Industry (State) Award.

 

(b)        In the event of any inconsistency between the Parent Award and an express provision of this Award, the terms of this Award shall prevail to the extent of such inconsistency, unless the express provision of the Award provides otherwise.

 

5.  Duration of the Award

 

This Award shall apply from 15 December 2005.  The Award shall remain in force until 30 March 2008

 

6.  No Extra Claims

 

It is a term of this Award that the Company, Employees and the Union signatory to this Award will not pursue any further claims during its period of operation in regard to any matters contained within this Award.

 

However the parties acknowledge some projects may have site specific agreements which prescribe special conditions. Where such agreements are contractually applicable and/or formally certified by the relevant industrial tribunal and the project agreement provides for an additional project specific productivity / milestone payment(s) and or other benefits, the Company shall comply.

 

The Union undertakes not to pursue any increase in the project allowances currently provided for in the Sydney matrix except adjustments from 1 January 2006 to make provision for six monthly increases in the consumer price index.

 

7.  Company Consultative Committee

 

The Company may establish and maintain where appropriate, a Consultative Committee as a forum for effective communication between the parties.

 

The Consultative Committee will be made up of an equal number of management representatives and Employee representatives elected by the Employees.  The parties agree that there will be a maximum of three representatives from management and three from the site workforce.  The Secretary of the CFMEU or nominee will be extended an invitation to attend Committee meetings.

 

The principle purpose of this Committee will be to:

 

(a)        Monitor the implementation of the terms of this Award

 

(b)        Facilitate the process of workplace reform through consultation

 

(c)        Ensure Employees are properly consulted in respect of issues impacting on their wages, working conditions and job security

 

(d)        Monitor, discuss, develop and/or recommend measures or actions in respect of but not limited to:

 

Productivity

 

Job security

 

Skills audit and training

 

Management of quality assurance

 

Occupational health and safety

 

Existing and future work

 

Removal of restrictive work practices

 

Productive use of inclement weather downtime

 

Rehabilitation of injured Employees

 

Environmental protection

 

Redundancies

 

Where a Company Consultative Committee is not established consultation will take place direct with the workforce, Company Union delegate and signatory Union.

 

8.  Objectives

 

This Award has the following objectives

 

(a)        To provide a culture for change

 

(b)        To provide Employees with secure jobs with an opportunity to fully utilise existing and new skills, thereby making work more interesting and challenging

 

(c)        To improve the competitiveness, viability and profitability of the Company

 

(d)        To improve efficiency and flexibility by changing the way work is organised

 

(e)        To establish skills-related career paths for Employees

 

(f)         To organise Company structures and job design to maximise the Company competitiveness

 

(g)        To promote investor confidence and client satisfaction through improved efficiency, quality of work and performance

 

(h)        To pursue the implementation of quality assurance and a total quality system

 

(i)         To create a dispute free environment through consultation and common purpose

 

(j)         To maintain and enhance Company occupational health and safety performance

 

(k)        To eliminate discrimination and sexual harassment (See Appendix A)

 

(l)         To foster and encourage affirmative action principles

 

(m)       To provide opportunities for injured Employees through rehabilitation

 

(n)        To pay Employees fair wages and provide enhanced employment conditions

 

(o)        To help Employees apply a proper balance between work and family/social life.

 

9.  Protective Clothing

 

All Employees will be required to present ready for work with appropriate footwear.  If a new Employee does not have appropriate footwear the Company will supply it. This footwear will be replaced on a fair wear and tear basis on the condition that old footwear is presented for inspection if required.

 

Following the expiration of 152 ordinary hours of employment, new Employees will be eligible for protective clothing.

 

Employees each year will be issued with the following:

 

(a)        In April one (1) sloppy-joe, two (2) T-shirts and one (1) spray jacket

 

(b)        In October two (2) T-shirts and two (2) pairs of shorts/trousers

 

Employees are expected to wear Company provided clothing and maintain such in a tidy manner, so as to display a professional Company image.

 

Clothing supplied will have a minimum of UPF 40 rating (Australian Standard 4399).

 

Employees will be required to wear appropriate clothing in an effort to provide protection from the harmful effects of UV exposure.

 

Additional personal protective equipment e.g., gloves, eye protection, sun protection will be supplied where required.

 

It is a condition of employment with the Company that whilst working on site, Employees are required to wear hard hats, steel capped boots and appropriate protective clothing at all times.

 

The following disciplinary procedure will be adopted in relation to the wearing of these protective items:

 

(a)        Verbal warning(s)

 

(b)        Written warning

 

(c)        Eight (8) hours suspension - without pay

 

(d)        Thirty eight (38) hours suspension - without pay

 

(e)        Employment terminated

 

This disciplinary procedure will not be unreasonably applied. The Union recognises the legal obligation on the Company and Employees to comply with safety footwear, helmet and protective clothing requirements and the need for effective disciplinary procedure.

 

10.  Wage Rates/Remuneration

 

In recognition of the efficiencies and productivity measures contained herein the following increases shall be available to Employees covered by this Award.

 

10.1      Wage Increases

 

(a)        Employees, except apprentices, will be paid in accordance with the classification structure and wage rates in Appendix B of this Award. There will be additional benefits payable in Appendix C.

 

(b)        Apprentices will be paid in accordance with Appendix D of this Award.

 

(c)        Additional wage increases will apply during the life of this Award as per Appendix B. It is agreed by the parties that there will be an additional wage increase of 2% from 1 October 2008. The Union and Employees commit to not pursue any increases in wages, allowances or conditions during 2008.

 

(d)        These rates and increases are paid in lieu of any increases granted by State Wage Cases of the Industrial Relations Commission of New South Wales.

 

(e)        It is agreed that there will be no other increases to wages or allowances for Employees under this Award except any rates / allowance(s) provided under an enforceable project agreement, Parent Award variations to expense related allowances, other allowances not dealt with by this Award and apprentice wage rates for the duration of this Award. However if the increase in the consumer price index is greater than the increases provided for in this Award, these rates will be subject to review.

 

10.2      Productivity Allowance

 

In return for compliance with the provisions of this Award, a company productivity allowance will be paid to all Employees covered by this Award. This allowance will be paid weekly for each hour worked and in accordance with Clause 25 of this Award, attracting no premium or penalty. The rate payable will be in accordance with Appendix B of this Award.

 

The entitlement for apprentices will be in accordance with Appendix D of this Award.

 

This company productivity allowance shall be paid for all hours worked attracting no premium or penalty and remain in force for the duration of the Award. If the Company undertakes any off site work the applicability of this allowance may be reviewed by agreement of the parties. Any agreed variation will be recorded in correspondence by the parties to this Award. This allowance shall be in lieu of Special Rates and Multi-storey allowance as contained in the Parent Award.

 

10.3      Redundancy

 

Redundancy or redundant means the termination or cessation of employment of an Employee for any reason.

 

In respect of redundancy benefits:

 

(a)        The Company agrees to make redundancy contributions in respect of Employees covered by this Agreement to the Australian Construction Industry Redundancy Trust (ACIRT) in accordance with Appendix C of this Agreement

 

The entitlement for apprentices will be in accordance with Appendix D of this Agreement.

 

The contributions shall be paid monthly into ACIRT in accordance with the requirements of the Trust.

 

(b)        Employees will be entitled to a redundancy benefit for each week of service with the Company being the greatest of the following amounts:

 

(i)         the amount payable by the Company to ACIRT in accordance with this Agreement or

 

(ii)        the amount prescribed by the relevant Parent Award and or

 

(iii)       any amount prescribed or awarded by a relevant industrial tribunal

 

Where there is a higher entitlement under (b) ii) and or (b) iii) of this clause the Employee will be paid direct this entitlement minus the balance that has already been paid into ACIRT by the Company for this period of employment.

 

Consistent with Clause 22 of this Award, Employees of the Company authorise the Union to access ACIRT records of payment by the Company strictly for the purpose of ensuring all Employees receive their proper entitlement.

 

10.4      Superannuation

 

The Company shall make superannuation payments monthly into cbus or other agreed scheme between the signatories of this Agreement. The level of superannuation contributions to be paid is recorded in Appendix C.

 

The entitlement of apprentices will be in accordance with Appendix D of this Agreement.

 

These contributions are inclusive of any Employee superannuation contribution which may be payable pursuant to federal legislation.

 

All superannuation contributions will be paid monthly as per the Trust Deed. The Company will allow Employees to make additional contributions to their cbus account by way of genuine salary sacrifice, i.e., from pre-tax earnings. Consistent with Clause 22 of this Agreement, Employees of the Company authorise the Union to access cbus records of payment by the Company strictly for the purpose of ensuring all Employees receive their proper entitlement.

 

10.5      Top-Up Workers Compensation Insurance/24 Hour Income Protection

 

The Company shall affect an agreed top-up workers compensation insurance/24 hour income protection policy for Employees covered by this Agreement. Where an Apprentice is engaged the insurance benefits of this clause will apply to the Apprentice. The cost of this policy will not increase to more than $70.00 per month during the life of this Agreement. Consistent with Clause 22 of this Agreement, Employees of the Company authorise the Union to access top-up workers compensation insurance/24 hour income protection records of payment by the Company strictly for the purpose of ensuring all Employees receive their entitlement.

 

10.6      Workers Compensation

 

For the purposes of Section 42 of the Workers Compensation Act 1987, the ordinary rate of pay be the hourly rate in Appendix B plus the company productivity allowance prescribed in Appendix C. Other allowances e.g. fares, meal etc are not payable.

 

11.  Terms of Employment

 

11.1      Engagement

 

All prospective Employees shall be required to fill out the Company pre-employment application form and may be required to undertake a pre-employment medical examination.

 

Parties agree that new Employees shall be subject to a probationary period of 4 weeks.

 

All in payment systems, sham sub-contract arrangements/other systems of engagement designed to circumvent this Agreement and cash in hand payments in lieu of conditions and/or overtime are strictly prohibited.

 

11.2      Redundancy

 

The parties agree that in the spirit of this Award, termination of employment will be consistent with the objectives and goals of the Company and the workforce. Termination of employment shall be decided on, but not limited to, issues such as skills and ability, diligence, experience, length of service with the Company and anticipated skills and future labour requirements. Employees will be consulted and advised in respect of what criteria is used to determine redundancies prior to making employees redundant.

 

When redundancies are deemed necessary there will be appropriate consultation with the workforce and relevant Union delegate(s) and Company Consultative Committee prior to redundancies taking place. The Company should wherever possible seek voluntary redundancies.

 

The Company will ensure that selection of employees will be done fairly and in accordance to the established criteria.

 

Where the need for redundancies is disputed, the Company will meet with the signatory Union to provide verification.

 

11.3      Where an Employee leaves

 

When an Employee leaves of his/her own accord, their termination pay will be banked into their account at the end of the next pay period.  Where the Company terminates an Employee, termination pay will be paid by cheque or through electronic funds transfer into the Employee bank account as per the relevant Parent Award provision.

 

The parties agree that where Employees covered by this Award are on or take unauthorised leave on any Friday they shall not automatically have weekend overtime available to them.

 

Where employment is terminated by the Company, payment in lieu of notice shall be at the ordinary hourly rate of pay only (as provided in Appendix B of this Agreement). Payment for superannuation, redundancy and / or any other allowances prescribed by this Award shall not be applicable for the notice period where notice is not worked.

 

12.  Payment of Wages

 

Except as provided below the Parent Award conditions shall apply. In lieu of Clause 23.1 of the  Parent Award, the following shall apply to all Employees:

 

(a)        All wages, allowances and other monies may be paid by electronic funds transfer

 

(b)        Wages shall be made available no later than 3.30 pm Thursday of each week (weekly). Waiting time shall not be payable where an Employee is kept waiting for their money due to circumstances beyond the control of the Company.

 

13.  Travel

 

Employees covered by this Award shall be paid the fares and travel allowance recorded in Appendix C of this Award in lieu of the relevant fares and travelling allowance in the Parent Award. This rate shall be paid for days worked (including RDO’s) and shall remain in force without variation for the duration of the Award.

 

The entitlement for apprentices will be in accordance with Appendix D of this Award.

 

All other Parent Award conditions shall apply.

 

14.  Inclement Weather

 

The parties agree that should any site and/or section of a site be affected by inclement weather which shall mean the existence of rain or abnormal; climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like or any combination thereof) by virtue of which it is either not reasonable or not safe for Employees exposed thereto to continue working whilst the same prevail on that site or section of the site affected can be transferred to another section of that site or another site for productive work.

 

The parties agree that inclement weather does not automatically create unsafe working conditions. No Employee will be expected to work in unsafe or unreasonable conditions due to inclement weather.

 

The parties to the Award agree to collectively work towards the minimisation of lost time due to inclement weather. Further, the parties undertake to adopt the following principles and procedures with regard to inclement weather and the idle time that inclement weather creates:

 

(a)        Employees shall accept transfer to an area or site not affected by inclement weather if, useful work is available in that area or site and that work is within the scope of the Employees skill, competence and training consistent with the classification structure and the Company provides, where necessary transport, or payment of an allowance for use of an Employees vehicle, at the rates provided in the Parent Award.

 

(b)        Where the initiatives described in (a) above are not possible or non-productive, Employees will be available for activities such as relevant and meaningful skill development, production/upgrade of skill modules, OH&S training presentation and participation in learning, planning and reprogramming of the project.

 

(c)        All parties are committed to an early resumption of work following any cessation of work, which may result from inclement weather.

 

(d)        If it is necessary and consistent with safe working procedure to walk through inclement areas in order to make areas safe, appropriate protection will be provided.

 

(e)        If it is necessary to walk through inclement areas in order to get to agreed working areas and considering safe work practices, appropriate protection will be provided.

 

(f)         The practice of "one out, all out" will not occur

 

(g)        Should a portion of the project be affected by inclement weather, all other Employees not so affected shall continue working regardless of the fact that some Employees may not be gainfully employed due to inclement weather.

 

(h)        All other Parent Award conditions shall apply.

 

15.  Training and Related Matters

 

15.1      The parties recognise that in order to increase the efficiency and productivity of the Company a commitment to structured training and skill development is required.

 

Accordingly the Company agrees to:

 

(a)        Provide Employees with the opportunity to acquire additional skills through appropriately structured training based on nationally endorsed (i.e. NBCITC accredited) competency standards and curriculum and

 

(b)        Encourage Employees to seek formal recognition of skills including RPL (recognition of prior learning).

 

15.2      The Company will consult Employees in respect of appropriate training which:

 

(a)        Is consistent with Company business requirements

 

(b)        Is relevant to the needs and expectations of Employees

 

(c)        May be taken either on or off the job

 

(d)        May be conducted when work cannot proceed e.g., due to inclement weather

 

Any training costs for courses will be paid by the Company in accordance with guidelines agreed by the Company Consultative Committee or arising from workforce consultation. The Company will not be requested to meet the costs of training undertaken by Employees, which is not approved.

 

16.  Annual Leave

 

An Employee may elect to have annual leave in single day increments. Where an Employee elects to take such annual leave adequate notice shall be given to the Company.

 

Where there is consistent broken service without an acceptable reason by an Employee no notice shall be required by the Company to activate Clause 32.5 of the Parent Award.

 

Annual leave loading of 17.5% shall be paid on all annual leave entitlements.

 

The parties agree during the life of the Award to explore the feasibility of payment into an annual leave trust. The Union undertakes not to pursue this claim by industrial action.

 

All other Parent Award conditions shall apply.

 

17.  Casual Labour

 

The parties agree to the following conditions regarding casual employment:

 

(a)        Engagement and termination of employment of casual Employees shall be in accordance with the Parent Award.

 

(b)        Casual labour will be entitled to the benefits of this Award.

 

(c)        For the purpose of this Award, a casual hand means an Employee who is employed for a period of less than six (6) weeks (exclusive of overtime) in any continuous period of employment with the Company.

 

Provided that an Employee engaged by the Company on a regular and/or systematic basis for a sequence of periods of employment of more than six (6) weeks shall not be a casual hand and shall be entitled to all the conditions of a non-casual i.e., permanent Employees.

 

(d)        A casual Employee shall be paid 25% loading on the rate applicable to the Employee’s relevant classification contained in Appendix B of this Award.

 

(e)        The above loading is in lieu of the prescribed Parent Award conditions.

 

(f)         Labour hire will be used only following consultation between the parties. Where labour hire employees are used the Company shall supplement their pay and conditions to ensure such employees are treated in a manner consistent with Employees engaged by the Company.

 

18.  Dispute Settlement Procedures

 

The parties acknowledge that this Award is designed to place maximum emphasis on avoidance of stoppages/industrial disputation and the expeditious settlement of grievances and/or disputation where it does occur.

 

18.1      Procedures relating to grievances of individual Employees are as follows:

 

(a)        The Employee is required to notify (in writing or otherwise) the Company as to the substance of the grievance, at a meeting with the Company for discussions and state the remedy sought.

 

(b)        A grievance must initially be dealt with as close to its source as possible with graduated steps for further discussion and resolution at higher levels of authority.  This may include the involvement of the Company/site Union delegate and/or the company consultative committee and/or some form of mediation.

 

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)        At the conclusion of the discussion, the Company must provide a response to an Employee grievance; if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        While this procedure is being followed, normal work must continue.

 

(f)         The Union may represent the Employee at any stage of these procedures.

 

Unresolved matters shall be formally submitted to the Industrial Relations Commission by either party or their representatives, with the decision of the tribunal being accepted as the full and final resolution of the dispute. Individual rights to the process of legal appeal are not affected.

 

18.2      Procedures relating to disputes between the Company and its Employees are as follows

 

A grievance or dispute must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

Reasonable time limits must be allowed for discussion at each level of authority. This may include the involvement of the company consultative committee and/or the relevant Union delegate/official.

 

The Company may be represented by an industrial organisation of employers and the Employee(s) by the signatory Union to this Award for the purposes of each procedure at any stage.

 

It is agreed between the parties that in the settlement of a dispute where it is identified that the Company is in minor/technical default with Parent Award, Award or statutory obligations (e.g. under payment or non-payment of an entitlements) there will be no stoppage of work whilst the breach is under investigation. If the Company is identified as paying ‘all in’ it will pay the ‘all in’ rate being paid to all Employees plus all conditions of this Agreement for job duration.

 

Unresolved matters shall be formally submitted to the Industrial Relations Commission by either party or their representatives, with the decision of that tribunal being accepted as the full and final resolution of the dispute. Parties’ rights to the process of legal appeal are not affected.

 

While this procedure is being followed, normal work must continue as it existed prior to the dispute occurring. Where there is a grievance that may cause a stoppage of work the relevant Union official will contact senior management of the Company rather than Employees stopping work.

 

19.  Occupational Health and Safety

 

All occupational health and safety issues will be resolved in strict accordance with the relevant legislation and the Building Industry Safety Code.

 

The most qualified or appropriate person will render first aid.

 

Where a safety problem exists, work shall cease only in the affected area. Work shall continue elsewhere unless there is no safe access to working areas. However, any problem of access shall be immediately rectified and the Employees will use alternate safe access to such working areas while the usual access is being rectified.

 

If a safety problem arises, the matter shall be brought to the attention of the immediate supervisor / foreperson. He / she shall organise to have the problem rectified and the Employees relocated to safe work areas whilst rectification work is being carried out.

 

Should a dispute arise over a safety issue, immediate inspection of the disputed area involving both the Company and the site safety representative and/or safety committee shall take place.

 

If there is more than one area thought to be unsafe, the OH&S committee/Company will nominate in order of priority the areas to be inspected. On verification that rectification has been completed, productive work will resume. Such resumption shall take place if necessary in stages as each area has been cleared.

 

Provided that any disagreements between Company and the Site Safety Representative(s) and/or Safety Committee shall be determined by the recommendation of a WorkCover NSW Inspector.

 

The Company will ensure all Employees complete the WorkCover accredited Occupational Health and Safety Induction Course.

 

20.  Company Drug and Alcohol Policy

 

Under no circumstances will any Employee affected by alcohol and/or affected by any other drug be permitted to work and/or operate any equipment on Company projects.

 

If an Employee is affected by alcohol or any other drug and is sent home to recover, he/she will not be paid for the lost time. Incidents concerning drugs or alcohol shall be dealt with in accordance with the Building Trades Group (BTG) of Unions Drug and Alcohol Safety Rehabilitation Program.

 

The parties agree that no alcohol/drugs will be permitted on Company projects.

 

21.  Hours of Work/Rostered Days Off

 

21.1      Hours of Work

 

Consistent with the objectives of this Award, the parties have agreed to organise the hours of work to suit the requirements of the industry whilst also giving the Company and Employees greater flexibility in organising their rostered days off (RDO’s). Except as provided elsewhere in the Parent Award, the ordinary working hours shall be Monday to Friday 8 hours per day 36 hours per week.

 

Work will be performed between 6.00 am and 6.00 pm. Where agreement is reached with the relevant Employees, a 5.00 am start may be introduced (with subsequent meal and crib time adjustments) to allow for daylight saving and special project requirements.

 

21.2      Rostered Days Off

 

The ordinary working hours shall be worked in a 20 day cycle, Monday to Friday inclusive, with 8 hours worked for each of 19 days with 0.8 of an hour accruing for paid rostered days off (RDO’s). The accrual applies on all ordinary days worked (except RDO’s) and paid leave. A rostered day off shall be taken as provided below and travelling allowance in accordance with Clauses 38.1.4, 38.2 and 38.3 of the Parent Award, shall be paid on this day.

 

The following is agreed in respect of rostered days off:

 

(i)         Subject to 21.(2 b) (v), agreement shall be reached by the Company and Employees as to which day shall be taken as a rostered day off when such entitlement is due. It is agreed a Company roster system may apply.

 

(ii)        RDO’s may be banked to a maximum of six (6) days in any 12 month period. These RDO’s may be taken as a group of consecutive days or any other combination as may be agreed.

 

(iii)       Any disputes arising from this clause shall be resolved through the dispute settlement procedure of this Award.

 

(iv)       Where more than one (1) accrued RDO is to be taken on consecutive working days, application for such paid leave shall be sought giving a reasonable period of notice.

 

(v)        It is recognised that there is merit in programming no work on the RDO’s adjacent to public holiday weekends during the working year. This will allow the management and Employees of the Company to have quality paid leisure time. Work is prohibited on the following public holidays, weekends and agreed RDO’s adjacent to Australia Day, Easter Friday, Easter Monday, Anzac Day, Queens Birthday, Labour Day and Union Picnic Day.

 

(vi)       Where there is an agreed emergency or a special client need and subject to the agreement of applicable Employees and the written agreement of the Secretary of the Union or nominee, limited work may be undertaken on the No Work weekends and adjacent fixed RDO’s. Unless impracticable the Company will give the Union 7 days notice of any such need for work so as to ensure appropriate consultation.

 

(vii)      Employees shall use the additional RDO accruals arising from the introduction of the 36 hour week to a maximum of 14.4 hours for payment of the No Work Saturdays. Attached hereto as Appendix E is the 2005-2008 Leisure Days and Public Holidays calendar. Employees shall only be entitled to payment of one (1) fare allowance on any paid no work Saturday.

 

(viii)     A new Employee will be eligible for an RDO after achieving 7.2 hours RDO accrual. However, a new Employee will be eligible to use lesser RDO accruals for the Saturdays and adjacent fixed RDO’s nominated as no work public holiday/RDO weekends.

 

(ix)       Employees will be paid all unpaid RDO accruals on termination.

 

(x)        This clause also applies to apprentices. Such apprentices will be paid an additional 0.4 of an hours pay for each ordinary day worked or on paid leave.

 

21.3      Overtime

 

(a)        The parties to this Award recognise that excessive overtime is of detriment to personal, family and community life and can jeopardize workplace safety. The Company and the workforce shall develop guidelines during the life of this Award to limit excessive overtime.

 

(b)        The Company may require an Employee to work reasonable overtime. Reasonable overtime will be determined having regard to:

 

(i)         Any risk to Employee health and safety;

 

(ii)        The Employee’s personal circumstances including family responsibilities;

 

(iii)       The need of the workplace or enterprise;

 

(iv)      The notice (if any) given by the Company of the overtime and by the Employee of his/her intention to refuse it e.g. rostered overtime, particularly when the roster has been agreed in advance;

 

(v)       Any other relevant matter.

 

22.  Right of Entry

 

Accredited Union officials shall have right of entry to any place or any premises where the Company and its Employees are  undertaking work for the purpose of investigating breaches of this Award, the Parent Award or legislation applying to the Company and its Employees and to hold discussions with employees and the Company including for the purpose of raising and/or resolving issues as between the Company and any Employees arising out of this Award. Such investigation  may  include interviewing Employees, checking on wage rates, Parent Award/Award breaches, or safety conditions or regulations and maintaining the integrity of the settlement reached between the parties and embodied in this Award.

 

Upon arrival on site the accredited Union representative will notify relevant Company personnel available of their presence. Nothing in this clause shall be contrary to law.

 

The Company is required to keep all relevant time, wage and related records. These records are to be made available for inspection by an authorised representative of the Union.

 

23.  Employee Awareness

 

All current Employees will be given a copy of this Award, along with all future Employees upon commencement.

 

24.  No Disadvantage

 

Arising from the implementation of this Award, no Employee will suffer a disadvantage in respect of rates of pay and conditions of employment.

 

25.  Long Service Leave

 

Prior to commencement of employment, the Company will register a prospective Employee if not already registered with the Building and Construction Industry Long Service Payments Corporation. The Company will strictly comply with all requirements of the Building and Construction Industry Long Service Payments Act 1986  and in particular, will issue as required all Certificates of Service with all details including the Employees registration number. An Employee will be entitled to payment of long service where applicable calculated on the hourly rate and company productivity allowance stipulated in this Award.

 

26.  Picnic Day

 

Employees are required by the Company to provide proof of industry picnic day attendance, i.e., ticket purchase before payment is made for the day. A financial Union ticket recorded as "picnic paid" is deemed as evidence of ticket purchase. No work shall be scheduled on industry picnic day, i.e., the first Monday of December each year without agreement of the parties to this Award.

 

27.  Trade Union Rights and Representation

 

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 as Union members. The parties to this Award also acknowledge that good communication between the Union workplace delegate(s) and members is an important mechanism in assisting the parties to resolve grievances and disputes in a timely fashion. Nothing in this clause shall be contrary to law.

 

27.1      Visiting Union Officials

 

(a)        Union officials shall produce their right of entry permits, if required, and observe the relevant Parent Award and OH&S obligations for entry to site

 

(b)        Union officials with the appropriate credentials shall be entitled to inspect all wage records, other payment records and related documentation necessary to ensure that the Company is observing the terms and conditions of this Award

 

(c)        All wage books and other payment records shall be made available within 48 hours on site or at another convenient appropriate place by the Company

 

(d)        Such inspections shall not take place unless there is a suspected breach of this Award, the  Parent Award and/or other statutory obligations

 

27.2      Delegates and Their Rights

 

In this clause the expression "delegate" means an Employee who is the accredited representative of the Union at the workplace or within the Company.

 

(a)        The parties acknowledge it is the sole right of the Union and its members to elect Union delegate(s) who shall be recognised as the authorised representative of the Union

 

(b)        An elected delegate shall be paid the rate prescribed for CW7.

 

(c)        The delegate shall have the right to approach or be approached by any Employee of the Company to discuss industrial matters during normal work hours

 

(d)        The delegate shall have the right to communicate with members or potential members of the Union in relation to industrial matters without impediment from the Company. Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by the Company:

 

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

 

Changing a delegates shifts, rosters or site so that communication with workers is prevented or significantly impeded

 

Disrupting duly organised meetings

 

(e)        The delegate shall be entitled to represent members or potential 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 or potential members:

 

At all stages in the negotiation, renegotiation and/or implementation of agreements 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, redundancy etc has been paid on time for all Employees and long service credited to a workers long service registration

 

(f)         In order to assist the delegate to effectively discharge his/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 and related matters

 

A maximum of ten (10) days paid time off work to attend relevant Union training courses/forums, subject to appropriate notice

 

Paid time off to attend meetings of Union delegates in the industry, as authorised by the relevant Union Secretary or nominee

 

Time to check WorkCover and OH&S requirements are being complied with

 

(g)        The Company shall provide, if not already available the following to a delegate on a large construction site

 

A lockable cabinet for the keeping of records

 

A lockable notice board for the placement of authorised Union notices

 

Where practicable, on large sites access to a Union office

 

Where a Union office room is not practicable, access to a meeting room

 

Access to telephone for legitimate Union business

 

From existing resources and when required, access to:

 

A word processor, typewriter or secretarial support at the workplace;

 

A personal computer (PC), CD ROM and E-mail and the internet at the workplace

 

A photocopier or facsimile machine for authorised Union notices.

 

(h)        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 impacting on Employees.

 

(i)         Nothing in this clause requires the election of a delegate on every workplace of the Company. The expectation of the parties would be that Employees would elect a delegate on large sites.

 

27.3      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 Company shall:

 

(a)        If requested by the Union and authorised by the Employee, provide payroll deduction services for Union fees. Such fees shall be remitted to the Union on a regular agreed basis with enough information supplied to enable the Union to carry out reconciliation

 

(b)        Make available information, documentation and applications including that of the Union party to this Award, at the same time as Employees are provided with their taxation declaration form

 

(c)        Invite the Union to attend induction training of new Employees.

 

(d)        The Company shall advise all (non-Union) employees prior to commencing work for the Company that a ‘bargaining agents fee’ of 1% of the gross income or $500.00 per annum, whichever is the greater is payable to the CFMEU, NSW Branch within 4 weeks of commencement of employment with the Company and on or prior to 1 October of each year.  The Company will ensure that any applicable bargaining fee is paid as required by this clause.

 

28.  Immigration Compliance

 

The Company recognises its obligations in respect of compliance with Australian immigration laws.

 

Existing and prospective Employees may be required to complete the Authority contained in Appendix G of this Award to obtain from DIMIA (Department of Immigration and Multicultural and Indigenous Affairs) details of immigration status. No person will be allowed to undertake any work for the Company unless it is verified he/she has the right to work.

 

This provision will be strictly complied with by the Company.

 

29.  Counselling and Disciplinary Procedures

 

The Company recognises the importance of clear and understood counselling and disciplinary procedures. Attached hereto as Appendix F of this Agreement is the procedures adopted by the Company and agreed with the workforce.

 

30.  Audit and Compliance

 

The Union may undertake an audit of Company time and wage books and related records unless contrary to law. If the Company is identified as being in minor/technical default with Award, Agreement or statutory obligations (e.g. under payment or non-payment of an entitlement) there will be no stoppage of work whilst this audit is proceeding. All in payment systems, sham sub-contract arrangements/other systems of engagement designed to circumvent this Agreement and cash in hand payments in lieu of conditions and/or overtime are strictly prohibited.

 

If the Company is identified paying ‘all in’ it will pay the ‘all in’ rate being paid to all Employees on that site plus all conditions of this Agreement for job duration. Work will not be sublet to another company except by agreement of the parties to this Agreement or where the work is of a specialist nature.

 

31.  Endorsement of the Agreement

 

The parties recognise that each has a responsibility to ensure the successful operation of this Award. The signatures below testify the fact that the Award has been endorsed at peak Company, Union and Employee levels.

 

APPENDIX A

 

Discrimination & Sexual Harassment

 

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

 

(ii)        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.

 

(iii)       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.

 

(iv)       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.

 

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

 

In respect to this the aim of the Company is to provide a work environment free from all types of discrimination and sexual harassment for all Employees fully supporting the Sex Discrimination Act 1984 and the Anti Discrimination Act 1977.

 

The Company fully complies with all applicable requirements of the federal and state legislation on discrimination, including, but not limited to discrimination on the grounds of religion, national origin, marital status, gender, disability or age.

 

There is an expressed commitment by the Company to prohibit discrimination against applicants or Employees in employment, promotion, demotion, transfer, recruitment, recruitment advertising, stand downs, termination, rates of pay and other forms of compensation, and selection for training.

 

Sexual harassment is unacceptable behaviour, which is not asked for and can take many forms, obvious or subtle, direct or indirect. It can include, but is not limited to display of sexually suggestive, offensive degrading material, computer screen savers and e-mail, sexually suggestive looks and comments, wolf whistling or physical contact and indecent assault.

 

Should there be an occurrence where a complaint of discrimination or sexual harassment has been received, the Company consultative committee where it has been established shall be responsible for assessing and reviewing the complaint matter, with the complete co-operation of management.

 

Any alleged complaint of discrimination or sexual harassment will be handled with utmost confidentiality, fairly and expeditiously, for all those involved.

 

Ultimately, the responsibility for discrimination and sexual harassment matters lies with Senior Management of the Company.

 

APPENDIX B

 

Award Classification Structure

 

 

APPENDIX B

 

CFMEU ENTERPRISE AWARD 2005-2008

 

Rates applicable from 1 July 2004

 

 

Rates applicable from 1 March 2006

 

 

Rates applicable from 1 October 2006

 

 

Rates applicable from 1 March 2007

 

 

Rates applicable from 1 October 2007

 

Rates applicable from 1 March 2008

 

 

The CW (2) rate will be paid to a labourer on a daily basis where higher duties e.g., scaffolding, hoist operator are being performed.

 

The CW3 (trade) rate includes provision for payment of a tool allowance. The CW3 NT (non-trade) rate does not include the provision.

 

APPENDIX C

 

Extra Benefits and Provisions

 

Company Productivity Allowance

 

The Company will pay a company productivity allowance of $3.50 per hour for each hour worked. This allowance shall be paid in full weekly for each hour worked. This allowance is not paid to Employees when they leave site due to inclement weather.

 

To assist the Company tendering and securing work on smaller projects Employees may agree that this allowance be $1.50 per hour where the builder’s package is less than $10 million and not applicable on projects where the builders package is less than $5 million.

 

Superannuation Entitlement

 

The Company will contribute $90.00 per week or 9% of ordinary time earnings (whichever is the greater) into cbus. "Ordinary time earnings" means the actual ordinary rate of pay the Employee receives for ordinary hours of work and includes an Employees hourly rate, fares allowance, any applicable company productivity / site allowance and any other allowances or loadings prescribed by the Parent Award. In respect of any applicable company productivity site allowance the 9% will apply for each 8 hours ordinary time worked Monday to Friday. This percentage will increase if the Superannuation Guarantee rate is increased by legislation. All other provisions of the Parent Award shall apply.

 

It is understood by the parties that the Union reserves its right to pursue payment of additional superannuation in project agreements. However the Union gives an undertaking not to pursue claims in excess of 9% or the following amounts whichever is the greater:

 

1 July 2004 - $100.00 per week

 

1 July 2005 - $110.00 per week

 

1 July 2007 - $120.00 per week

 

Redundancy Entitlement

 

The Company will contribute $60.00 per week into the Australian Construction Industry Redundancy Trust (ACIRT).  This contribution will increase to $68.00 from 1 January 2007.

 

To assist the Company tendering and securing work on smaller projects (i.e., where the builder’s package is less than $10 million) Employees may agree to a payment of $35.00 per week. This contribution will increase to $40.00 from 1 January 2007.

 

Once an Employee has accrued 8 weeks pay in their ACIRT account they may elect to have their redundancy contribution paid into Cbus.

 

Fares Allowance

 

The Company will pay a fares allowance of $17.45 per day for each day worked (including RDO’s) increasing to $25.00 per day for each day worked (including RDO’s) from 1 July 2005.

 

Additional Meal Allowance Provision

 

In lieu of the Parent Award meal allowance provision for overtime $15.00 shall be payable. This allowance will also be in lieu of the first 20 minutes crib payable for overtime Monday to Friday found in the Parent Award. This amount shall replace the amount prescribed by the Parent Award and shall remain in force without variation for the duration of the Award.

 

Projects less than $10 million and Staged Projects

 

Where the builders project value is less than $10 million the flexibility provided for in this Award in respect of company productivity allowance and redundancy is subject to agreement with Employees . In such circumstances the agreement and details of the applicable project will be maintained by the Company. In the absence of records it will be assumed the project/builder’s package was over $10 million.

 

This flexibility does not apply on projects built in stages except by agreement of the Employees of the Company and the written agreement of the Secretary of the Union or nominee.

 

Inclement Weather

 

All Employees shall be available to clean up and/or de-water relevant work areas as directed following inclement weather where applicable.

 

Hoist Breakdown

 

The parties agree that where the personnel hoist(s) provided on a project ceases to work or breaks down, as a temporary measure Employees will be required to access their relevant work areas with consideration to safe access, via stairs provided. Under these circumstances, and in consultation with the site safety committee and / or site Union delegate, Employees will be expected to access their relevant work areas without unreasonable restriction

 

Industry/Workers Welfare

 

The Company will contribute $2.00 per week per Employee to an administrator nominated by the Building Trades Group (BTG) of Unions Drug & Alcohol/Safety Program, to assist with the provision of drug & alcohol rehabilitation & treatment services/safety programs for the building and construction industry.

 

APPENDIX D

 

Apprentices

 

The Company agrees to maintain, an appropriate ratio of apprentices to tradespeople. This ratio will not be less than 1 apprentice for each 5 tradespersons where practicable.

 

Any dispute in respect of the application of this clause will be settled in accordance with Clause 18 of this Award without recourse to industrial action.

 

Where the Company engages apprentices from a group apprenticeship company, the Company shall supplement their pay and conditions to ensure such apprentices are treated in a manner consistent with apprentices engaged directly by the Company.

 

A group apprenticeship company may be used to engage apprentices following consultation of the parties.

 

Apprentices shall be paid wage rates in accordance with their relevant classification in the Parent Award. Other allowances e.g. fares, tools etc will be paid as per the provisions of the Parent Award.

 

All apprentices engaged by the Company will also be entitled to the following additional benefits.

 

Company Productivity Allowance

 

The Company will pay a company productivity allowance of $2.50 per hour worked for 1st and 2nd year apprentices. This allowance will increase to $3.00 per hour worked for 3rd and 4th year apprentices. This allowance will be paid in full weekly for each hour worked.

 

Superannuation

 

The Company will contribute monthly 9% of ordinary time earnings  (greater if required by legislation) into cbus. "Ordinary time earnings" means the actual ordinary rate of pay the Employee receives for ordinary hours of work and includes an Employees hourly rate, fares allowance, any applicable company productivity/site allowances and any other allowances or loadings prescribed by the Parent Award. All other provisions of the Parent Award shall apply.

 

Redundancy

 

The Company will contribute weekly $25.00 for 1st and 2nd year apprentices and $35.00 for 3rd and 4th year apprentices into the Australian Construction Industry Redundancy Trust (ACIRT). If not already paid, this level of contribution will apply from date of signature of this Award.

 

Project/Site Allowance

 

Where there is a project/site agreement the applicable project/site allowance and any other additional provisions (except redundancy and superannuation) shall apply to apprentices. Where there is a site allowance payable it will be paid in full weekly for each hour worked.

 

APPENDIX E

 

Leisure Days and Public Holidays Calendar 2005-2008

 

36 hour week accruals

 

Employees accrue 0.8 of an hour’s pay (48 minutes) for each day Monday to Friday worked or paid leave i.e. sick leave, holiday leave, public holidays etc. Employees do not accrue time while on an RDO. This accrual will be used for payment of RDO’s and No Work Saturdays.  Accruals to a maximum of 14.4 hours can be paid on "No Work Saturdays".

 

Termination of employment

 

Upon termination, the Company is required to pay Employees all unused RDO accruals.

 

Commencing employment

 

When commencing employment Employees may not have enough RDO accruals to obtain full payment for the next No Work paid Saturday therefore only partial payment may be made from accruals.

 

No Work Saturday

 

On this calendar we have made provision for No Work paid RDO Saturdays which are the Saturdays coinciding with public holiday long weekends. Employees shall use their RDO accruals to a maximum of 14.4 hours pay on a No Work RDO Saturday.

 

Paid RDO (fixed)

 

The (6) RDO’s adjacent to public holidays are fixed i.e. there is a prohibition on work.

 

Paid RDO (flexible)

 

Employees may accrue these RDO’s and take the RDO off when it is more convenient. These RDO’s are not adjacent to the public holiday long weekends.

 

Leisure Days and Public Holidays Calendar 2005

 

 

In addition to the RDO’s provided for under the Award, workers under this Agreement accrue an additional 0.4 hours per ordinary day worked and paid leave which they can use for No Work Saturdays (to a maximum 14.4 hours) and or additional agreed RDO’s.

 

Leisure Days and Public Holidays Calendar 2006

 

 

In addition to the RDO’s provided for under the Award, workers under this Agreement accrue an additional 0.4 hours per ordinary day worked and paid leave which they can use for No Work Saturdays (to a maximum 14.4 hours) and or additional agreed RDO’s.

 

Leisure Days and Public Holidays Calendar 2007

 

 

In addition to the RDO’s provided for under the Award, workers under this Agreement accrue an additional 0.4 hours per ordinary day worked and paid leave which they can use for No Work Saturdays (to a maximum 14.4 hours) and or additional agreed RDO’s.

 

Leisure Days and Public Holidays Calendar 2008

 

 

In addition to the RDO’s provided for under the Award, workers under this Agreement accrue an additional 0.4 hours per ordinary day worked and paid leave which they can use for No Work Saturdays (to a maximum 14.4 hours) and or additional agreed RDO’s.

 

APPENDIX F

 

Counselling and Disciplinary Procedures/Termination of Employment

 

Counselling and Disciplinary Procedures

 

This procedure applies in respect of Employees at the conclusion of their probationary period. Upon commencement of employment an Employee will be advised of the following procedure. The procedure will apply in all cases where formal counselling and disciplinary action is necessary.

 

Performance/General Misconduct

 

In the event that an Employee fails to maintain satisfactory performance levels in the case of general misconduct (e.g., lateness for work), the following counselling procedure will be applied. An Employee may elect at any step to have a Union delegate present.

 

Step 1 - Verbal Warning/Counselling

 

The Company shall have a discussion with the Employee in which it will advise him/her of the problems that it believes exist. The Employee will then have the opportunity to respond to the allegations. If appropriate the Company will then:

 

Remind the Employee of the procedures;

 

Issue a verbal first warning;

 

Advise the Employee of the standards of improvement required

 

Step 2 - First Written Warning/Improved Performance

 

If the Employee fails to meet the standards of improvement in accordance with Step 1 within a reasonable period of time, the Company shall have a further discussion with the Employee in which it will advise him / her of the problems that it believes exist. The Employee will then have the opportunity to respond to the allegations. If appropriate the Company will then issue a written warning detailing:

 

The issues of concern;

 

The standards of improvement required

 

At the request of the Employee, copies of any written warnings will be given to the Company Union delegate or area Union Organiser.

 

Step 3 - Final Written Warning/Improved Performance

 

If the Employee fails to meet the standards of improvement in accordance with Step 2 within a reasonable period of time, the Company shall have a further discussion with the Employee in which it will advise him / her of the problems that it believes exist. The Employee will then have the opportunity to respond to the allegations. If appropriate the Company will then issue a final written warning detailing:

 

The issues of concern;

 

The standards of improvement required;

 

That it is a final written warning and that failure to meet the standards of improvement stated therein will lead to dismissal

 

The relevant Employee being counselled will be requested to sign a copy of the written warnings referred to in Step 2 and Step 3 of this clause.

 

Revocation of Warning

 

If an Employee does not repeat the same offence which produced the need for the final warning, within 3 months of the warning, the final warning advice becomes null and void and cannot be considered grounds for termination.

 

Step 4 - Dismissal

 

If after receiving a final warning, the Employee repeats the same conduct within a period of 3 months, then the Employee may be terminated

 

If the Employee fails to meet agreed standards of improvement in accordance with Step 3 within a reasonable period of time, the Company shall have a further discussion with the Employee in which it will advise him / her of the problems that it believes exist. The Employee will have the opportunity to respond to the allegations. If appropriate the Company may then issue a written notice of dismissal in accordance with this Award detailing the reasons for the dismissal

 

Serious and Wilful Misconduct

 

In the case of serious and wilful misconduct (e.g. theft, assault), the following procedure will be followed:

 

The Company shall have a discussion with the Employee in which it will advise him/her of the alleged serious and wilful misconduct. The Employee shall be entitled to have a Union delegate/Organiser in attendance and will have the opportunity to respond to the allegation. If appropriate the Company may then issue a written notice of dismissal detailing the reasons for the dismissal.

 

Failure to Apply Procedure

 

Any dismissal that is made without following the procedure set out above shall be deemed to be unfair and upon request from the Union the Employee shall be immediately reinstated and all lost wages paid.

 

APPENDIX G

 

Authority to obtain details of work rights from DIMIA

 

 

 

 

J. P. MURPHY, Commissioner

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.