BOVIS LEND LEASE FERGUSON CENTRE - PARRAMATTA PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Bovis Lend
Lease Pty Ltd.
(No. IRC 4747 of 2005)
Before The Honourable Justice
Walton, Vice-President
|
19 September 2005
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Objectives
2.1 Work Organisation
2.2 People Development/Skills
2.3 Environment & Safety
2.4 Generally
3. Definitions
4. Application
5. Duration
6. Industry
Standards
6.1 Redundancy
6.2 Top Up/24 Hour Income Protection Insurance
6.3 Productivity allowance
6.4 Payment of the productivity allowance
6.5 Changing the Programme and Scheduled Milestones
6.6 Contract Carriers
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
7.2 Environment, Health and Safety Plans
7.3 The Safety Committee
7.4 Implementation of this Clause
7.5 OH&S Industry Induction
7.6 Formwork Safety
7.7 Temporary Power/Testing and Tagging
8. Dispute resolution
8.1 Project Disputes
8.2 Demarcation Disputes
9. Monitoring
Committee0
10. Productivity
initiatives1
10.1 Learning initiatives1
10.2 Inclement weather
10.3 The Site Management Plan
10.4 Maximising Working Time
10.5 Hours of Work
11. Immigration
Compliance
11.1 Immigration compliance
11.2 Legal right of employees to work
12. Long
Service Compliance
13. No Extra
Claims
14. No
Precedent
15. Single
Bargaining Unit
16. Union
Rights
16.1 Visiting Union Officials
16.2 Project Delegate
16.3 Rights of the Project Delegate
16.4 Union Membership
17. Australian
Content
18. Protective
Clothing
19. Workers
Compensation and Insurance Cover
20. Apprentices
21. Training
and Workplace Reform
22. Project
Death Cover
23. Anti-Discrimination
24. Personal/Carers
Leave
24.1 Use of Sick Leave
24.2 Unpaid Leave for Family Purpose
24.3 Annual Leave
24.4 Time-off in Lieu of Payment for Overtime
24.5 Make-up Time
24.6 Rostered days off
25. Project
Close-down Calendar
Annexure A - Parties
Annexure B -
Scheduled Milestones
Programme Milestones
Annexure C -
Authority to Obtain from DIMA
Details of
Immigration Status
2. Objectives
The Parties agree to continue to develop and implement the following
objectives in respect of the following four key areas on the Project:
2.1 Work
Organisation
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued
development of communication processes which facilitate participation by all
Employers, Employees and Unions;
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work; and
(f) Increase the
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees, consistent with their classification, training and
qualification.
2.2 People
Development/Skills
Provision of a career structure for all Employees based
on skills and competencies and increased job satisfaction.
2.3 Environment
& Safety
(a) Provision of
high standards of occupational health & safety on the Project; and
(b) Improved
impact of the Project on the environment.
2.4 Generally
Implementation of this Award, and compliance with all
relevant statutory provisions;
Compliance by subcontractors with the provisions of
applicable awards and/or enterprise agreements and legislative requirements;
Elimination of unproductive time;
Improved conditions for all Employees working on the
Project;
Increased leisure time for Employees by eliminating
excessive hours of work; and
Enhance job opportunities on the Project for persons
who have a legal right to work including persons who wish to take on
apprenticeships or traineeships.
3. Definitions
"Award" means this Bovis Lend Lease Ferguson
Centre-Parramatta Project Award made between the Parties.
"Bovis Lend Lease" means Bovis Lend Lease Pty
Limited (A.C.N. 000 098 162) of 30 The Bond, 30 Hickson Road, Millers Point ,
Sydney NSW 2000.
"Contract Carrier" means carrier engaged in or in
connection with a Contract of Carriage for the purposes of section 309 of the Industrial
Relations Act 1996 where the Contract of Carriage is for carriage of
Excavation and Demolition Material.
"Construction Manager" means the Construction
Manager for the Project appointed by Bovis Lend Lease from time to time.
"Contract of Carriage" shall be as defined in the Industrial
Relations Act 1996.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means Bovis Lend Lease and/or any
subcontractors engaged to work on the Project.
"Enterprise Agreement" means an agreement certified under the Workplace Relations
Act (Cth) 1996 or approved under the Industrial Relations Act (NSW)
1996.
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Excavation and Demolition Material" shall be as
defined in the Transport Industry - Excavated Materials Contract Determination
published 24 October 1997, as varied.
"Monitoring Committee" means the committee
established under clause 9 of this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project, where the building is fit for occupancy and/or purpose, as determined
by Bovis Lend Lease’s Client.
"Programme Milestones" means the milestones listed
in Part 2 of Annexure B as amended by the Construction Manager from time to
time.
"Project" means the construction works contracted
to Bovis Lend Lease at the Ferguson Centre, 130 George Street, Parramatta.
"Project Delegate" means the Employee who is the
accredited representative of the Unions on the Project.
"Safety Committee" means the site safety committee
formed under the Occupational Health and Safety Act (NSW) 2000.
"Site Management Plan" means the project or site
management plan, a copy of which can be located at the office of the
Construction Manager.
"Scheduled Milestones" means those targets
described in Part 1 of Annexure B as amended under Clause 6.5 from time to
time.
"Unions" means each of the Unions listed in Part 2
of Annexure A.
4. Application
(a) This Award
will apply to work done on the Project by the Employees for the period the
Employer engages the Employees to work on the Project.
(b) Where Bovis
Lend Lease engages a sub-contractor(s), it shall make it a condition of any
contract that it enters into with its sub-contractor(s) that they will not
employ or otherwise engage persons on terms
which are less favourable than those set out in this Award.
(c) This Award is intended
to supplement and co-exist with the terms of existing Enterprise Agreements and
Awards and its primary purpose is to provide a framework for the Employers,
Unions NSW and the Unions, to manage those issues on the Project which affect
more than one Employer.
5. Duration
This Award shall operate on and from 1st July 2005 until
Practical Completion.
6. Industry Standards
6.1 Redundancy
(a) Employers are
required to comply with all relevant provisions of enterprise agreements or
other legislative requirements in relation to Employee redundancy payments;
(b) The Parties
recognise the merit of Employers contributing to an appropriate Redundancy
Scheme.
6.2 Top Up/24 Hour
Income Protection Insurance
Each Employer will provide Workers Compensation
Top-Up/24 Hour Income Accident Insurance with the U-PLUS scheme or other
similar schemes which are approved by the Parties to this Award.
6.3 Productivity
allowance
(a) Provided the
Scheduled Milestones and the Programme Milestones are met, the Employer will
pay a productivity allowance for each hour worked on the Project.
(b) The productivity allowance under this
Award is $1.25 per hour worked.
(c) The
Construction Manager will determine whether the Scheduled and Programme
Milestones have been achieved and if the Milestones have been met, the Project
Manager will advise the Employers and the Monitoring Committee accordingly.
6.4 Payment
of the productivity allowance
(a) The
productivity allowance
The Parties agree that the productivity allowance is
paid only if the Scheduled Milestones and the Programme Milestones are met.
The Milestones are comprised of two (2) elements:
(i) works
completed against the Programme Milestones; and
(ii) works
completed to the Scheduled Milestones.
(b) Programme and
Scheduled Milestones
The Parties agree to use their best endeavours to meet
or exceed the Scheduled and Programme Milestones.
(i) The
productivity allowance shall be calculated and paid as follows:
1. the
Construction Manager will review the works monthly and will verify the
achievement of the Programme and Scheduled Milestones;
2. the
Construction Manager will advise the client as to whether the relevant
Programme and Scheduled Milestones have been achieved;
3. if the
relevant Programme and Scheduled Milestones are met, the payment shall be $1.25
per hour for each hour of time worked; and
4. payment shall
be made as part of weekly wages.
(ii) In the event that
a Programme or Scheduled Milestone is not achieved, the Monitoring Committee
shall meet with the Project Manager to determine:
1. the reason
why the milestone target was not
achieved; and
2. the action
required to catch up the next milestone target.
(iii) If a
Programme Milestone or Scheduled Milestone is not achieved for two consecutive
months, due to the activities or failures of the Employees:
1. the
productivity allowance shall cease being paid; but
2. if in a
following period work catches up to the Schedule, the completion to programme
schedule component shall recommence, and shall include payments for the
preceding period(s) not paid.
(iv) Payment shall
be calculated on an hours worked basis only and shall not include any
calculation of award or other entitlements.
(v) The Parties
agree that achievement of the identified Scheduled Milestones shall be
determined by Bovis Lend Lease’s client and Unions NSW in conjunction with the
Unions.
(c) Transport
workers
(i) The Parties
agree that the Award does not apply to purely incidental activities such as
couriers. This Award will apply to
transport workers who are employed by an Employer if the relevant Employer
makes deductions from the remuneration of the transport worker(s) in accordance
with the "Pay As You Earn" provisions of the Income Tax Assessment Act 1936.
(ii) The Parties agree that any transport
worker carrying out work relating to the Project will be paid the Project
productivity allowance of $1.25 per hour, provided that the transport worker is
involved with the Project for two or more hours on any calendar day.
6.5 Changing
the Programme and Scheduled Milestones
The Parties agree that the Scheduled and Programme Milestones
must be reviewed and updated throughout the life of the Project and that the
Monitoring Committee will meet at regular intervals and with the Construction
Manager, agree and set new Scheduled and Programme Milestones.
6.6 Contract
Carriers
The Parties agree that all Contract Carriers shall be
paid not less than the rates of remuneration set out in Part B of the Transport
Industry Excavated Materials Contract Determination.
7. Environment,
Health, Safety and Rehabilitation (EHS&R)
7.1 Induction
All Employees must attend an EHS&R induction course
on commencement of their engagement on the Project.
7.2 Environment,
Health and Safety Plans
All Employers must submit an environment, health safety
and rehabilitation management plan, in accordance with the Safety Alliance for
the Construction Industry "S" Pack, to Bovis Lend Lease. These plans should include evidence of:
(a) risk
assessment of their works;
(b) hazard
identification, prevention and control;
(c) planning and
re-planning for a safe working environment;
(d) industry and
trade specific induction of Employees;
(e) monitoring
performance and improvement of work methods;
(f) reporting of
all incidents and/or accidents;
(g) compliance
verification; and
(h) regular
EHS&R meetings, inspections and audits of the Project.
7.3 The
Safety Committee
The Safety Committee will be properly constituted and
will abide by the agreed procedures as defined in its constitution and as
revised from time to time. All members
of the Safety Committee will undertake Occupational Health and Safety training
with Comet Training or other agreed providers.
The Safety Committee may invite the Union to attend any Safety Committee
meeting or site inspection.
7.4 Implementation
of this Clause
(a) The Parties
acknowledge and agree that all Parties are committed to safe working procedures
and to the Project Environment Health and Safety Policy.
(b) If the
Construction 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 Construction 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 in the event an unsafe
condition exists, work is to continue in all areas not affected by that
condition and that an Employer may direct Employees to move to a safe place of
work. No Employee will be required to work in any unsafe area or situation.
7.5 OH&S
Industry Induction
No person will be engaged on site unless he or she has
completed an Industry Occupational Health and Safety Induction approved by the
WorkCover Authority of NSW.
7.6 Formwork
Safety
All persons engaged on the erection or dismantling of
formwork will have the relevant WorkCover Formwork Certificate of
Competency. Where an employee does not
have a Certificate of Competency, Comet or another agreed provider, will be
contacted to assess the qualifications of the relevant Employee.
7.7 Temporary
Power/Testing and Tagging
In order to maintain the highest standards of safety in
regard to the use of electricity during construction, it is agreed that the
temporary installation is installed strictly in accordance with AS 3012 (1995).
All work is to be carried out by qualified electrical tradespeople. Testing and tagging is to be carried out
only by licensed electricians.
7.8 Crane Safety
No mobile crane will be allowed on the Project site
unless it has been certified by Cranesafe Australia (New South Wales). Such cranes will be required to display
their current Cranesafe inspection label and their RTA registration
certificate.
8. Dispute Resolution
One of the aims of this Award is to eliminate lost time in
the event of a dispute and to achieve, through genuine negotiation, prompt
resolution of any dispute.
8.1 Project
Disputes
In the event of a dispute or conflict effecting more
than one Employer or the progress of the Project, the following procedure will
be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of Bovis Lend Lease and the Union
delegate;
(c) Discussion
between site management representatives of Bovis Lend Lease and the Union
organiser;
(d) Discussion
between senior management of Bovis Lend Lease and the appropriate Union
official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Bovis Lend Lease
NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), the Employer may notify the dispute to
the Industrial Relations Commission of New South Wales, and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to it’s powers set out in the Industrial Relations Act 1996 (NSW);
(g) Work shall
continue without interruption or dislocation whilst the parties to the dispute
are genuinely attempting to resolve the dispute.
8.2 Demarcation
Disputes
In the event that a dispute arises which cannot be resolved
between the relevant Unions, the Unions agree to the following dispute settling
procedure:
(a) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes. This will not prejudice the position of any party;
(b) Discussion
between Unions NSW and the Unions to try to resolve the dispute;
(c) The parties
agree that the outcome of any matter dealt with the terms of Clause 8.2 (b),
shall not be used as a precedent, reference, example or exhibit in any way whatsoever
in matters arising from this Project;
(d) If the dispute
is not resolved after step (b), either Union may notify the dispute to the
Industrial Relations Commission of New South Wales and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations Act 1996 (NSW);
(e) Nothing in
this sub clause shall affect the rights of an Employer or a Union in relation
to the settlement of any demarcation issue.
8.4 Procedures to
prevent Disputes Regarding Non- Compliance
(a) Bovis Lend
Lease will check monthly payments of subcontractors companies engaged on site,
superannuation, redundancy and extra insurance to ensure payments for employees
have been made as required. The Parties
shall also check that employers have not introduced arrangements such as and
not limited to ‘all-in’ payment and or ‘cash-in-hand’ payments, (i.e. payments
designed to avoid tax and other statutory obligations and sham subcontract
arrangements.) Where such practices are
identified the Company will take immediate steps to ensure that any such
arrangements are rectified and that any Employee affected by any such
arrangement receives all statutory entitlements.
(b) Each
subcontractor engaged on site will be specifically advised and monitored in
respect of payroll tax and required to comply with their lawful obligations.
(c) In accordance
with Section 127 of the Industrial Relations Act 1996, Section 175(b) of
the Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll
Tax Act 1971 the principal contractor will obtain all applicable
Sub-Contractors Statements regarding workers’ compensation, payroll tax and
remuneration.
(d) The Project
delegate shall be given reasonable time during working hours to assist the
Construction Manager, or his or her nominee, in the tasks set out in sub
clauses 8.4(a) and 8.4(c) above. The
Project delegate or union official shall advise Bovis Lend Lease if they
believe the information which has been provided by any sub-contractor is not
correct.
(e) Any dispute
concerning non-compliance shall be resolved in accordance with the dispute
settling procedures of this Award.
9. Monitoring
Committee
(a) The Parties
will establish a committee to monitor the success of this Award.
(b) This
Monitoring Committee will meet at the commencement of construction and then at
monthly intervals or as required during construction on the Project.
(c) The Monitoring
Committee will consider ways in which the aims and objectives of this Award can
be enhanced, which may include, but not be limited to discussion of:
developing more flexible ways of working;
enhancing occupational, health and safety;
productivity plans;
compliance with Awards and other statutory requirements
by Employers; and
inserting new scheduled milestones into Annexure B.
If the principles of this Award are not being followed,
the Committee will develop a plan in consultation with the Parties, to implement
the intent of the Award.
(d) the Monitoring
Committee will meet at quarterly intervals or as required to review existing
milestones and will set new milestones as appropriate during the course of this
Award.
10. Productivity
Initiatives
10.1 Learning
initiatives
Each Employer shall be required to demonstrate to Bovis
Lend Lease implementation of commitment to skill enhancement and workplace
reform while working on the Project.
10.2 Inclement
weather
The Parties to this Award will collectively proceed
towards the minimisation of lost time due to inclement weather.
Further, the Parties are bound to adopt the following
principles with regard to inclement weather and idle time created by inclement
weather:
(a) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(b) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful work is available in that area or site
and that work is within the scope of the Employee’s skill, competence and
training consistent with the relevant classification structures (provided that
the Employer shall provide transport to such unaffected area where necessary);
(c) Where the
initiatives described in (b) above are not possible or non-productive, the use
of non-productive time will be used for activities such as relevant and
meaningful skill development; production/upgrade of skill modules; presentation
and participation in learning; planning and reprogramming of the Project;
(d) All Parties
are committed to an early resumption of work following any cessation of work
due to inclement weather;
(e) The Parties
agree the practice of "one out, all out" will not occur.
10.3 The
Site Management Plan
(a) The Parties
agree that the Site Management Plan ("the Plan") is of paramount
importance to the productive and efficient operations of the Project.
(b) The Parties
agree that they will comply with the Plan.
(c) The Plan
consists of sub-plans covering the following areas:
deliveries, materials handling and personnel movement;
pedestrians, visitors and members of the public;
existing operators and neighbours;
protection of existing trees;
construction noise;
hours of work;
waste management and clean up;
behaviour on site.
(d) If the
Construction Manager considers that an Employee or Employer has committed a
serious breach of the plan, the Construction Manager will discuss this matter
with the relevant Employer and Union. After this discussion the Construction
Manager may recommend that the Employee/Employer be removed from the Project.
10.4 Maximising
Working Time
The Parties agree that crib and lunch breaks may be
staggered for Employees so that work does not cease during crib and lunch. There will be no unreasonable interruption
of the comfort of Employees having lunch and the amenities will be maintained
in a clean and hygienic state at all times.
10.5 Hours
of Work
(a) Ordinary hours
of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to
Friday. However, ordinary hours may
commence from 5.00am by agreement between the Employer, Employee and relevant
Union.
(b) The Parties
recognise that, in general, the hours worked by individuals in the construction
industry are not consistent with the objectives of maintaining high
productivity or a high quality of life. As a means of improving this situation,
no Employee on this Project will be expected to work in excess of 58 hours per
week except in an emergency.
11. Immigration
Compliance
11.1 Immigration
compliance
The Parties are committed to compliance with Australian
immigration laws so as to ensure maximum work opportunities for unemployed
permanent residents and Australian citizens. Employers will be advised by Bovis
Lend Lease of the importance of immigration compliance. Where there is concern that illegal
immigrants are being engaged by an Employer on the Project, Bovis Lend Lease
will act decisively to ensure compliance.
11.2 Legal
right of employees to work
Employers are required, prior to employees commencing
work on-site, to check the legal right of employees to work. The authorisation form attached to this
Award (as per Annexure C) may assist in providing evidence of the employee’s
legal status.
12. Long Service
Compliance
If applicable, in accordance with the NSW Building and
Construction Industry Long Service Leave Act, no Employee will be engaged on
site unless he or she is a worker registered under the relevant long service
leave legislation. All Employers (if
applicable) engaged on site will be registered as employers in accordance with
the NSW Building and Construction Industry Long Service Payments Act and will
strictly comply with their obligations.
13. No Extra Claims
The Parties agree that they will not pursue extra claims in
respect of matters covered by this Award (including but not limited to any
claim for a disability allowance) during the term of this Award.
14. No Precedent
The Parties agree not to use this Award as a precedent and
that this Award will in no way create a claim for flow-on of on-site wage rates
and conditions.
15. Single Bargaining
Unit
This Award was negotiated by Unions NSW on behalf of the
Unions and by Bovis Lend Lease in its own right and on behalf of the Employers.
16. Union Rights
The Parties to this Award acknowledge the right of Employees
to be active union members and respect the right of the relevant Union to
organise and recruit Employees. The
Parties to this Award also acknowledge that good communication between the
union official, the delegate and its members is an important mechanism in
assisting the Parties to resolve grievances and
disputes in a timely fashion.
16.1 Visiting
Union Officials
(a) Union officials (party to this Award)
when arriving onsite, shall call at the site office and introduce themselves to
a Management representative of the Employer, prior to pursuing their union
duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant awards, the Occupational Health and Safety Act and Regulations,
and other statutory/legislative obligations for entry to the site.
(c) If an
accredited Union official exercises a right of entry in accordance with the
relevant legislation to inspect a breach, the Union official may inspect and
make copies of records relevant to the suspected breach.
16.2 Project
Delegate
Parties to this Award recognise that the Project
workforce will elect a Project Delegate who shall be the principal spokesperson
for the Project workforce.
16.3 Rights
of the Project Delegate
(a) The Parties
acknowledge it is the sole right of the Project workforce to elect the Project
Delegate, who shall be recognised as the authorised representative of the Unions
in respect of the Project.
(b) The Project
Delegate shall have the right to approach or be approached by any Employee of
an Employer to discuss industrial matters with that Employee during normal
working hours.
(c) The Project
Delegate shall have the right to communicate with the Project workforce in
relation to industrial matters without impediment by an Employer. Without limiting the usual meaning of the
expression "impediment", this provision applies to the following
conduct by an Employer:
(i) moving the
Project Delegate to a workplace or work situation which prevents or
significantly impedes communication with the Project workforce;
(ii) changing the
Project Delegate’s shifts or rosters so that communication with Employees is
prevented or significantly impeded; and
(iii) disrupting
duly organised meetings.
(d) The Project
Delegate shall be entitled to represent the Project workforce in relation to
industrial matters on the Project, and without limiting the generality of that
entitlement is entitled to be involved in representing the Project workforce:
(i) the
introduction of new technology on the Project and other forms of workplace
change;
(ii) career path,
reclassification, training issues; and to initiate discussions and negotiations
on any other matters affecting the employment of the Employees;
(iii) ensuring that
Employees on the Project are paid their correct wages, allowances and other
lawful entitlements;
(iv) to check with
relevant industry schemes so as to ensure that superannuation, long service
leave and redundancy has been paid on time.
(e) In order to
assist the Project Delegate to effectively discharge his or her duties and
responsibilities, the Project Delegate shall be afforded the following rights:
(i) the right to
reasonable communication with other delegates on the Project site, union
officials and management in relation to industrial matters, where such
communication cannot be dealt with or concluded during normal breaks in work;
(ii) at least 10
days per year paid time off work to attend relevant Union training
courses/forums.
(f) The Employer
of the Project Delegate shall provide to the Project Delegate the following:
(i) a lockable
cabinet for the keeping of records;
(ii) a lockable notice
board for the placement of Union notices at the discretion of the Project
Delegate;
(iii) where
practicable, and if agreed to, a Project Delegate office;
(iv) where a Project
Delegate office is not practicable, access to a meeting room;
(v) use of the
telephone for legitimate union business associated with the Project;
(vi) from existing
resources, and when required for legitimate union Project related business,
access to a word-processor, typewriter, a photocopier, facsimile machine and
e-mail.
(g) There shall be
no deduction to wages where a Union(s) requires the Project Delegate to attend
any Court or Industrial Tribunal proceedings relating to industrial matters on
the Project.
16.4 Union Membership
(a) Properly
accredited officials and workplace representatives of the Union shall have the
right to be provided with appropriate access to Employees to promote the
benefits of union membership.
(b) To assist in
this process the Employer shall:
(i) if requested,
and on the written authority of the Employee, provide payroll deduction
services for union fees. Such fees
shall be remitted to the union on a monthly basis with enough information
supplied to enable the union to carry out a reconciliation; and
(ii) provide the union
with access to talk to new Employees.
(c) Nothing in
this clause shall be contrary to the relevant legislation.
17. Australian
Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
and feasible.
18. Protective
Clothing
(a) Employers will
provide their Employees engaged on site with legally produced Australian made
protective clothing on the following basis:
Safety Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on the Project and
will be replaced on a fair wear and tear, provided it is produced to the
Employer as evidence.
Clothing
Two sets of protective clothing (combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year thereafter.
Jackets
Each person, after accumulated employment on site of
152 hours shall be eligible to be issued with warm bluey jacket or equivalent,
which will be replaced once per calendar thereafter.
(b) In
circumstances where any Employee(s) of an Employer is/are transferred to the
Project from another project where an issue of equivalent clothing was made,
then such Employees shall not be entitled to an issue on this Project until the
expiry of the calendar year or on a fair wear and tear basis.
(c) Employees who
receive from their employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the Employer’s policy or Enterprise Agreement
shall not be entitled to the provisions of this clause.
(d) Employers will
consult with Unions NSW to be provided with a list of Australian manufacturers who
use legal labour in the manufacturing of their work clothes.
(e) All transport
workers who are involved on the Project for longer than 2 hours on any calendar
day, will be provided with safety footwear, one set of clothing and one jacket
by their Employer prior to commencement on the Project, unless they have been
provided with such footwear and clothing by their Employer within the previous 12 month period.
19. Workers
Compensation and Insurance Cover
(a) Employers must
ensure that all persons that they engage to work on the Project are covered by
workers compensation insurance.
(b) Bovis Lend
Lease will audit Certificates of Currency from each Employer engaged on site to
ensure that the wages estimate and tariff declared for the type of work undertaken
is correct. This information will be
available to accredited Union officials on request.
(c) Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers compensation.
(i) All Employees
will report injuries to the Project first aider and their supervisor at the
earliest possible time after the injury.(ii) All Employees will comply with the
requirements for making a workers compensation claim, including the provision
of a WorkCover medical certificate, at the earliest possible time after the
injury. This information will also be
supplied to the Project first aid officer, and their supervisor.
(iii) In cases
where the Employee is unable to comply with the above, the relevant Employer
will assist in fulfilling requirements for making a claim.
(d) Employers must
ensure that they are aware of and will abide by Sections 63 to 69 of the Workers
Injury Management and Workers Compensation Act 1998, which provide that:
The Employer shall keep a register of injuries /site
accident book in a readily accessible place on site;
All Employees must enter in the register any injury
received by the Employee. The Employer
must be notified of all injuries on site immediately.
An Employer who receives a claim for compensation, must
within seven (7) days of receipt, forward the claim or documentation, to their
insurer;
An Employer who receives a request from their insurer
for further specified information must within seven (7) days after receipt of
the request, furnish the insurer with the information as is in the possession
of the Employer or reasonably obtained by the Employer.
(e) An Employer
who has received compensation money from an insurer shall as soon as
practicable pay the money to the person entitled to the compensation.
20. Apprentices
As part of the Project’s commitment to learning and skills
development, a ratio of one apprentice/ trainee to every five tradespersons
within each Employer’s workforce is to be maintained on the Project.
21. Training and Workplace
Reform
The Parties are committed to achieving improvements in
productivity and innovation through cooperation and reform. Employers are
expected to demonstrate their commitment to develop a more highly skilled
workforce by providing their Employees with career opportunities through
appropriate access to training and removing any barriers to the use of skills
acquired.
22. Project Death
Cover
Bovis Lend Lease will guarantee that the beneficiary of any
Employee who dies as a consequence of working on the Project will be paid a
death benefit of $25,000. Such benefit shall be paid within fourteen (14) days
of the production of appropriate documentation. This payment shall be in addition to any other entitlement that
might be paid to the beneficiary as a consequence of the death of the Employee.
23.
Anti-Discrimination
(a) It is the
intention of the Parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the ground of race, sex, martial status,
disability, homosexuality, transgender identity, responsibilities as a carer
and age.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the Parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with fulfilment of
these obligations for the Parties to make application to vary any provision of
the Award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(c) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an Employee because the Employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977; or
(iv) a Party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the Parties by legislation referred to in this clause.
24. Personal/Carers
Leave
This clause is applicable only in respect to the Carers and
Parental Leave provisions.
24.1 Use of Sick Leave
(a) An Employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in clause 26.1 (c)(ii) who needs the Employee’s care and
support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, for absences to provide care and
support, for such persons when they are ill.
Such leave may be taken for part of a single day.
(b) The Employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an Employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the Employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian)
grandparent, grandchild or sibling of the Employee or spouse or de facto spouse
of the Employee; or
(d) a same sex
partner who lives with the Employee as the de factor partner of that Employee
on a bona fide domestic basis; or
(e) a relative of
the Employee who is a member of the same household, where for the purposes of
this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other: and
3. "household"
means a family group living in the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the Employee to give prior notice of absence, the
Employee shall notify the Employer by telephone of such absence at the first
opportunity on the day of absence.
24.2 Unpaid Leave for Family Purpose
An
Employee may elect, with the consent of the Employer, to take unpaid leave for
the purpose of providing care and support to a member of a class of person set
out in 26.1 (c)(ii) above who is ill.
24.3 Annual Leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays
Act 1944 (NSW), to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph 26.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under this Award.
(c) An Employee
and Employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
24.4 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 23.4(a) above, the leave
is not taken for whatever reason, payment for time accrued at overtime rates
shall be made at the expiry of the twelve (12) month period or on termination.
(d) Where no
election is made in accordance with paragraph 26.4(a), the Employee shall be
paid overtime rates in accordance with the award.
24.5 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.
24.6 Rostered days off
(a) An Employee
may elect, with the consent of the Employer, to take a RDO at any time.
(b) An Employee
may elect, with the consent of the Employer, to take RDOs in part day amounts.
(c) An Employee
may elect, with the consent of the Employer, to accrue some or all RDO's 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.
25.
Project Close-Down Calendar
(a) For the purposes of this Award the
Parties agree that the following Project Close-down Calendar will be adopted
for the Project. The Project Close-down
Calendar has been produced with a view to maximising quality leisure time off
for all employees. Accordingly, the
Parties agree that on certain weekends (as set out in the Project Close-down
Calendar), no work shall be carried out.
(b) Provided, however, where there is an
emergency or special client need, work can be undertaken on the weekends and
adjacent RDO’s as set out below, subject to the agreement of the appropriate
union secretary, or his or her nominee.
In such circumstances reasonable notice (where possible), shall be
given.
Project Shut-down Calendar 2005 -2006
Saturday
|
October 1
|
Labor Day Shut
Down Weekend
|
Sunday
|
October 2
|
|
Monday
|
October 3
|
Labor Day Public
Holiday
|
Tuesday
|
October 4
|
RDO
|
|
|
|
Saturday
|
December 3
|
Union Picnic Day
Shut Down Weekend
|
Sunday
|
December 4
|
|
Monday
|
December 5
|
Union Picnic Day
|
Tuesday
|
December 6
|
RDO
|
Friday
|
December 23
|
RDO
|
Saturday
|
December 24
|
No work Saturday
|
Monday
|
December 26
|
Public Holiday
|
Tuesday
|
December 27
|
Public Holiday
|
|
|
|
Monday
|
January 2
|
Public Holiday
|
Thursday
|
January 26
|
No Work Public
Holiday
|
Friday
|
January 27
|
RDO (fixed)
|
Saturday
|
January 28
|
No Work Saturday
|
Sunday
|
January 29
|
No Work Sunday
|
|
|
|
Friday
|
April 14
|
No Work Public
Holiday
|
Saturday
|
April 15
|
No Work Saturday
|
Sunday
|
April 16
|
No Work Sunday
|
Monday
|
April 17
|
No Work Public
Holiday
|
Saturday
|
April 22
|
No Work Saturday
|
Sunday
|
April 23
|
No Work Sunday
|
Monday
|
April 24
|
RDO (fixed)
|
Tuesday
|
April 25
|
No Work Public
Holiday
|
ANNEXURE A (Parties)
Part 1
EMPLOYERS:
Bovis Lend Lease Pty Limited and/or any subcontractors
engaged to work on the Project.
Part 2
UNIONS:
Unions NSW
Construction Forestry Mining and Energy Union (NSW Branch)
(CFMEU)
New South Wales Plumbers and Gasfitters Employees Union;
Automotive Food Metals Engineering Printing & Kindred
Industries Union (also known as AMWU)
Electrical Trades Union of Australia (NSW Branch)
Transport Workers Union (TWU)
ANNEXURE B
Part 1
Scheduled
Milestones
Milestone
|
Objective
|
Indicator
|
Assessment
|
1. Programme
|
Maintain and achieve
|
Follow Overall, Medium
|
|
|
Nett Construction
|
Range & Short Range
|
|
|
Program
|
Programmes
|
|
2. EH&S
|
Protection and
|
Minimise disruption to
|
|
|
relationship with public
|
public and tenants.
|
|
|
and tenants.
|
Reduction in severity and
|
|
|
Reduction of potential
|
frequency of P1’s.
|
|
|
class one occurrences.
|
Reduction in safety
|
|
|
Compliance with Safe
|
indicators.
|
|
|
work method statements.
|
Monitor SWMS and
|
|
|
Inductions to site and to
|
actual method.
|
|
|
SWMS.
|
All employees attend
|
|
|
|
inductions.
|
|
3. Quality
|
Compliance with AFC
|
Verification of ITP’s and
|
|
|
specifications drawings
|
Consultant QA reports.
|
|
|
and documentation.
|
|
|
4. Behaviour/Hours
of
|
Quiet enjoyment for the
|
No Complaints
|
|
Work
|
existing tenants.
|
|
|
|
Refer Management Plan
|
|
|
|
for further issues.
|
|
|
5. Zero Lost Time
|
No lost time due to site
|
Marked up programme
|
|
|
stoppages.
|
|
|
Part 2
Programme
Milestones
Milestone 1
|
Complete levels 4,5,6,7 & 8
|
14 October 2005
|
Milestone 2
|
Complete façade
|
15 January 2006
|
Milestone 3
|
Practical
Completion
|
23 February 2006
|
ANNEXURE C
AUTHORITY TO
OBTAIN FROM DIMA DETAILS OF IMMIGRATION STATUS
I,
|
|
(Family Name)
|
(Given Name/s)
|
|
|
Date of Birth:
|
Nationality:
|
|
|
|
|
Visa number:
|
Passport number:
|
|
|
|
authorize the Department of
Immigration and Multicultural Affairs (DIMA) to release by fax to:
|
|
|
|
(Name of employer
representative)
|
|
|
|
|
details of my immigration
status and entitlement to work legally in Australia.
|
|
|
|
This information will only be made available to the employer
representative or an authorised trade union officer on request.
I also understand the above-named will only use this
information for the purpose of establishing and verifying only my legal entitlement
to work in Australia and for no other purpose.
Signed:
|
Dated:
|
|
|
Name of employer:
|
|
|
|
Phone:
|
Fax:
|
Please fax this form to:
The Department of Immigration and Multicultural Affairs
Fax: 1800 505 550
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.