Westfield
Design and Construction Pty Ltd Kotara Redevelopment Project Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notification under section 130 by Newcastle Trades Hall Council,
Industrial Organisation of Employees, of a dispute.
(No. IRC 1275 of 2006)
Before The Honourable
Mr Deputy President Harrison
|
10 August 2006
|
AWARD
Clause No. Subject Matter
1. Title
2. Parties
to the Award
3. Objectives
4. Definitions
5. Application
6. Duration
7. Industry
Standards
8. Project
Productivity Allowance
9. Environment,
Health, Safety and Rehabilitation (EHS&R)
10. Site
Amenities
11. Hoist
Operation
12. Dispute
Resolution
13. Sub-contractors’
industrial instruments
14. Productivity
Initiatives
15. Long
Service Compliance
16. Commitment
to No Further Claims
17. Single
Bargaining Unit
18. Union
Rights
19. Australian
Content
20. Protective
Clothing
21. Workers
Compensation and Insurance Cover
22. Apprentices
23. Training and
Workplace Reform
24. Accidental
Death Cover
25. Anti-Discrimination
26. Personal/Carers
Leave
27. Project
Calendar
28. Annexure A
(Parties)
29. Annexure B
1. Title
1.1 This Award
shall be known as the Westfield Design and Construction Pty Ltd Kotara
Redevelopment
Project Award.
2. Parties to the
Award
2.1 The Parties to
this Award are those listed in Annexure A.
3. Objectives
3.1 The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
a. Increase
efficiency and productivity;
b. Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
c. Continued development
of communication processes which facilitate participation by the Employer,
Employees and Unions;
d. Introduction
of new technology and associated change to enhance productivity;
e. Improved
quality of work;
f. Increased
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees;
g. Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
h. Provision of
high standards of occupational health & safety on the Project;
i. Improved
impact of the Project on the environment;
j. Implementation
of this Award, and compliance with all relevant statutory provisions;
k. Elimination
of unproductive time;
l. Improved
compliance by subcontractors with any applicable industrial instruments and
legislation;
m. Improved
conditions for Employees working on the Project;
n. Increased
leisure time for Employees by eliminating excessive hours of work;
o. Enhancing job opportunities
for persons who have a legal right to work including persons who wish to take
on apprenticeships or traineeships;
q. The adherence
to dispute settlement procedures;
r. Minimize the
impact of any industrial action on the Project that may arise out of the
negotiation or renegotiation of subcontractors’ industrial agreements.
4. Definitions
4.1 "Award"
means Westfield Design and Construction Pty Ltd Kotara Redevelopment Project
Award.
4.2 "Employer
Name" means Westfield Design and Construction Pty Ltd.
4.3 "Employee"
means a person engaged by the Employer and who performs work on the Project.
4.4 "Employer"
means Westfield Design and Construction Pty Ltd
4.5 "Enterprise
Agreement" means an agreement lodged under the Workplace Relations Act
1996 (Cth) or approved under the Industrial Relations Act (NSW).
4.6 "EHS&R"
means Environment, Health, Safety and Rehabilitation.
4.7 "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).
4.8 "Parties"
means the Employer, and the Unions referred to in Annexure A.
4.9 "Practical
Completion" means the completion of the Project where the building is fit
for occupancy and/or purpose as determined by Westfield Design &
Construction Pty Ltd’s client.
4.10 "Project"
means the construction works contracted to Westfield Design & Construction
Pty Ltd for the currently proposed redevelopment of the Kotara Shopping Centre.
4.11 "Project
Manager" means the Project Manager (Delivery) for the Project appointed by
Westfield Design and Construction Pty Ltd from time to time or his nominated
representative.
4.12 "Safety
Committee" means the site Safety Committee formed under the Occupational
Health and Safety Act (NSW) 2000.
4.13 "Unions"
means each of the Unions listed in Part 2 of Annexure A.
5. Application
5.1 This Award
will apply to work done on the Project by the Employees for the period the
Employer engages the Employees to work on the Project.
5.2 This Award
shall in no way create a claim for flow-on of site wages rates and conditions
provided for in this Award to Employees engaged in off-site manufacturing,
fabrication or other industries, associated with Contractors and or
Sub-Contractors involved with the Project.
5.3 This Award is
generally intended to supplement and co-exist within the terms of any existing
Enterprise Agreements and Awards and its primary purpose is to provide a
framework for the Employer, the Newcastle Trades Hall Council and the Unions,
to manage issues on the Project in a proactive and responsible manner.
5.4 It is
recognised that this Award is not intended to extend the traditional coverage
of the Union Parties nor is it intended to cover works not within the scope of
works given to Westfield Design & Construction by their client.
6. Duration
6.1 This Award
shall operate on and from 17 March 2006 until Practical Completion.
7. Industry Standards
7.1 Superannuation
and Redundancy
a. The Parties
acknowledge that a contribution of $115.00 week or 9% of ordinary time earnings
(whichever is the greater) will be made on behalf of Employees to the
superannuation fund nominated in the relevant industrial instrument being CBUS;
NESS; STA, TWU, EISS or other schemes approved by the Parties.
The minimum payment made for superannuation for
apprentices / trainees working on the Project shall be $50.00 per week.
b. The Employer
will make a contribution on behalf of Employees of $71.00 per week into ACIRT or
MERT or other schemes approved by the Parties. The Employer shall make a
contribution of no less than $46.00 per week for Employees who are
apprentices/trainees working on the Project.
7.2 Top Up/24 Hour
Income Protection Insurance
The Employer will provide Workers Compensation
Top-Up/24 Hour Income Accident Insurance with the UPLUS scheme, Chiffley
Electrical Top Up or other similar schemes, which are approved by the Parties
to this Award.
8. Project
Productivity Allowance
8.1 Westfield
Design and Construction Pty Ltd shall pay to Employees (except as provided by
Clause 8.2) and subject to the application of this Award, a Project
productivity allowance of $2.00 per hour.
This allowance will be paid on an hours worked basis only, and will not
attract any premium or penalty.
Further, the Project Productivity Allowance referred to
in this clause is not intended to affect any allowances otherwise payable under
a Building Award or Enterprise Agreement as defined in Clause 4.5.
9. Environment,
Health, Safety and Rehabilitation (EHS&R)
9.1 Induction
a. All Employees
must attend an EHS&R site induction course which complies with the OH&S
Regulation 2001 (NSW) on commencement of engagement on site.
9.2 Environment,
Health and Safety Plans
a. The Employer
must submit an Environment, Health Safety And Rehabilitation Management
plan. This plan should include evidence
of:
i. risk
assessment of their works;
ii. hazard
identification, prevention and control;
iii. planning and
re-planning for a safe working environment;
iv. industry and
trade specific induction of Employees;
v. monitoring
performance and improvement of work methods;
vi. reporting of
all incidents/accidents;
vii. compliance
verification; and
viii. regular
EHS&R meetings, inspections and audits of the Project.
9.3 The Safety
Committee
The Safety Committee will be properly constituted with
an agreed constitution. All members of the Safety Committee will undertake
agreed Occupational Health and Safety training with Comet or other accredited
WorkCover Authority providers.
9.4 Safety
Procedures
a. The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
b. If the Project
Manager or the Safety Committee is of the opinion that an Employee or the
Employer has committed a serious breach of either the Environment Health Safety
and Rehabilitation Policy or the relevant Safety Management Plan (or any other
agreed safe working procedures), the Project Manager (or the Project Manager on
recommendation from the Safety Committee) will implement disciplinary action.
c. The Parties
agree that in the event that an unsafe condition exists, work is to continue in
all areas not affected by that condition and the 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. No Employee
will leave the Project subject to Clause 10 of this Award.
9.5 OH&S
Industry Induction
No Employee will be permitted to start work on site unless
he/she has completed the WorkCover NSW Accredited OH&S Industry Induction
Course.
9.6 Formwork
Safety
All Employees 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 WorkCover Authority
accredited provider will be contacted to assess the qualifications of the
relevant Employee. Further, all work
shall fully comply with AS 3610 Formwork for Concrete.
9.7 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 electrical installation is installed strictly in accordance with AS
3012 (1995). All work is to be carried
out or supervised by qualified electrical tradesperson(s). Testing and tagging is to be carried out
only by qualified electrical tradesperson.
9.8 Smoke Free
Zones
The Parties agree in an effort to minimise the affects
and discomfort caused by smoking that Westfield Shopping Centres and the
Accommodation, Amenity and Site Office areas shall be strictly non-smoking
zones.
9.9 First Aid
First aid requirements shall be maintained in
accordance with the relevant Legislation and Regulations applying to the Occupational
Health and Safety Act 2000.
9.10 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 RTA registration.
10. Site Amenities
10.1 Amenities on
the Project will comply at least with the provisions of the WorkCover Amenities
Code of Practice as well as having reference to industry standards.
11. Hoist Operation
11.1 The Parties
agree that where the personnel hoist(s) provided on the Project cease(s) to
work or break(s) down, as a temporary measure Employees will be required to
access their relevant work areas subject to safety considerations including
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.
12. Dispute
Resolution
One of the aims of this Award is to eliminate lost time in
the event of a dispute and to achieve prompt resolution of any dispute.
12.1 Employer
Specific Disputes
In the event of a dispute or issue occurring specifically
between the Employer and its Employees or their representative Union, the
following procedure will be adopted:
a. Discussion
between those directly affected;
b. Discussion
between site management representatives of the Employer and the Union delegate;
c. Discussion
between site management representatives of the Employer and the Union
organiser;
d. Discussion
between senior management of the Employer, Westfield Design and Construction
Pty Ltd Project Manager and the appropriate Union official;
e. Discussion
between the Secretary of the relevant Union (or nominee) and Westfield Design
and Construction Pty Ltd Project Manager (or nominee);
f. If the
dispute is not resolved after step (e), Parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to its powers set out in the Industrial Relations Act 1996
(NSW);
g. Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
12.2 Project Wide
Disputes
In the event of a dispute or issue affecting more than
one employer occurring, the following procedure will be adopted:
a. Discussion
between those directly affected;
b. Discussion
between site management representatives Westfield Design & Construction Pty
Ltd and the Union delegate;
c. Discussion
between site management representatives of Westfield Design & Construction
Pty Ltd and the Union organiser;
d. Discussion
between senior management of Westfield Design & Construction Pty Ltd and
the appropriate Union official;
e. Discussion
between the Secretary of the relevant Union (or nominee) and Westfield Design
& Construction Pty Ltd Project Manager (or nominee);
f. If the
dispute is not resolved after step (e), Parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to its powers set out in the Industrial Relations Act 1996
(NSW);
g. Work shall
continue without interruption or dislocation during discussion and negotiations
concerning the dispute.
12.3 Demarcation Disputes
In the event that a dispute or issue arises which
cannot be resolved between the relevant Unions, the Unions agree to the
following dispute settling procedure:
a. Work shall
continue without interruption or dislocation during discussion and resolution
of disputes;
b. Discussion
between the Newcastle Trades Hall Council and the Unions to try to resolve the
dispute;
c. If the
dispute is not resolved after step (ii), 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).
13. Subcontractors’
industrial instruments
13.1 Where there is
an inconsistency between any of the provisions in clauses 9, 10, 11 and 12 and
the provisions contained in an industrial instrument (within the meaning of
that expression given by the Building and Construction Industry Improvement
Act 2005 (Cth)) covering the employment of a person other than an Employee
who is performing work on the Project, the former provision will not operate to
the extent of that inconsistency.
14. Productivity
Initiatives
14.1 Learning
Initiatives
The Employer is committed to skill enhancement and
workplace reform while working on the Project.
14.2 Inclement
Weather
a. The Parties
to this Award will collectively proceed towards the minimisation of lost time
due to inclement weather.
b. Further, the Parties
are bound to adopt the following principles with regard to inclement weather
and idle time created by inclement weather:
i. Adoption of a
reasonable approach regarding what constitutes inclement weather;
ii. Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful work is available in that area or site
and that work is within the scope of the Employee’s skill, competence and
training consistent with the relevant classification structures (provided that
the Employer shall provide transport to such unaffected area where necessary);
iii. Where the
initiatives described in (ii) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
iv. All Parties
are committed to an early resumption of work following any cessation of work
due to inclement weather;
v. The Parties
agree the practice of "one out, all out" will not occur;
vi. If it is
necessary to walk through inclement areas in order to make areas safe,
appropriate protection will be provided;
vii. It if is
necessary to walk through inclement areas in order to get to agreed working
areas, appropriate protection will be provided;
viii. 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.
14.3 Rostered Days
Off
a. Subject to
Clause 30 a procedure for the implementation of Rostered Days Off (RDOs) will
be agreed on the Project. The purpose of this roster is to:
i. increase the
quality of working life for Employees;
ii. increase the
productivity of the Project; and
iii. increased
flexibility for the Project.
b. The Parties
agree that the taking of RDO’s may be altered in order to improve productivity by
exercising a more flexible arrangement in respect of Employees taking a RDO
being distributed during the twenty (20) day work cycle. This will enable the Project to work
productively on those days scheduled as industry rostered days off.
The banking of RDO’s (to a maximum of five (5) days)
may also be undertaken by the agreement so as to include for peak production
times;
c. A roster of
RDO’s will be prepared, following consultation with the workforce and Parties
to the Award;
d. Records of
each Employee’s RDO accruals will be recorded on the Employees pay slip and
copies made available to the Employee, the Employee’s delegate or Union
official upon request. It is acknowledged that different arrangements in
relation to the banking of RDO’s may apply to members of the CEPU;
e. Where
agreement is reached to substitute an alternative day for the programmed RDO
all provisions of the Award shall apply as if such day were the programmed RDO
and the originally programmed RDO shall be regarded as a normal working day.
14.4 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 with the amenities to be maintained in
a clean and hygienic state at all times.
14.5 Hours of Work
The ordinary hours of work shall be 8 hours per shift
between 6.00am and 6.00pm Monday to Friday. Upon agreement being reached
between the Employer, Employee and relevant Union, the ordinary hours work may
be varied so as to commence from 5.00am with consequent meal and finishing
times adjusted during the application of daylight saving time.
Should a system of shift work be implemented on the
site, the provisions of the Building and Construction Industry (State) Award
shall form the minimum standards applicable for the site. Should any other
applicable industrial instrument
provide a more generous entitlement for any class of employee, the employee
shall receive the more generous entitlement.
14.6 Site Drug and
Alcohol Policy
Under no circumstances will any Employee affected by
alcohol or any drug be permitted to work on the Project.
Further, the Parties agree that no alcohol will be permitted
on the construction site and reference to the Building Trade Group of Unions
Drug and Alcohol policy will be made in the resolution of any related issues.
14.7 Immigration
Compliance
a. The Parties
are committed to compliance with Australian immigration laws so as to ensure
maximum work opportunities for unemployed permanent residents and Australian
citizens.
b. Employers will
be advised by Westfield Design & Construction Pty Ltd of the importance of
immigration compliance. Where there is concern that illegal immigrants are
being engaged by an employer on the Project, Westfield Design &
Construction will act decisively to ensure compliance.
c. The Employer
is required prior to Employees commencing work on-site to check the legal right
of Employees to work. The authorization
form attached to this Award as per Annexure B will assist in providing evidence
of the Employee’s legal status.
15. Long Service
Compliance
15.1 If applicable,
and in accordance with the NSW Building and Construction Industry Long
Service Leave Act, no Employee will be engaged on site unless he or she is
a worker registered with the NSW Long Service Payments Corporation.
16. Commitment to No
Further Claims
16.1 The Parties
acknowledge that an important ingredient of sound employee relations on a
construction Project is stability and predictability. They have therefore devoted considerable time to examining the
nature and scope of the Project, its particular features and circumstances and
the issues, which require discussion and resolution between the Parties.
a. No Extra
Claims
As a result of this approach the Parties agree that
they will not pursue any extra claims in respect of matters covered by this
Award (including but not limited to any clause for a disability allowance)
during the term of this Award.
b. 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.
17. Single Bargaining
Unit
17.1 This Award was
negotiated by Newcastle Trades Hall Council on behalf of the Unions, and by
Westfield Design & Construction Pty Ltd.
18. Union Rights
The Parties to this Award acknowledge the right of Employees
to be active Union members and respect the right of the Union to organise and
recruit Employees. The Parties to this
Award also acknowledge that good communication between the Union official, the
delegate and its members is an important mechanism in assisting the Parties to
resolve grievances and disputes in a timely fashion.
18.1 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 Building Awards, the Occupational Health and Safety Act and
Regulations, and other statutory/legislative obligations for entry to the site.
c. Union
officials with the appropriate credentials shall be entitled to inspect all
such wage records, other payment records and related documentation necessary to
ensure that the Employer is observing the terms and conditions of this Award.
d. All such wages
books and other payment records shall be made available within 48 hours on site
or at another convenient, appropriate place, provided notice is given to the
Employer and the Project Manager by the Union.
e. Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Building Awards, Enterprise Awards, the Industrial
Relations Act 1996 (NSW), or other Employer Statutory requirements.
18.2 Workplace
Delegates
In this clause the expression "delegate"
means an Employee who is the accredited representative of the Union at the
Employer’s work place, and if there is more than one delegate in respect of the
workforce of the Employer then the expression "delegate" means each
and every such delegate so accredited by the Union in relation to the
Employer’s workforce.
a. Rights of the
Delegate
i. The Parties
acknowledge it is the sole right of the Union and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the Union at the site.
ii. Subject to
the application of Part 9 Division 9 of the Workplace Relations Act 1996
and section 42 of the Building and Construction Industry Improvement Act
2005, the delegate shall have the right to approach or be approached by any
Employee of the Employer to discuss industrial matters with that Employee
during normal working hours.
iii. Subject to
the application of Part 9 Division 9 of the Workplace Relations Act 1996
and section 42 of the Building and Construction Industry Improvement Act
2005, the delegate shall have the right to communicate with members of the
Union in relation to industrial matters without impediment by the Employer.
Without limiting the usual meaning of the expression "impediment",
this provision applies to the following conduct by an Employer:
moving a delegate to a workplace or work situation
which prevents or significantly impedes communication with members;
changing a delegate’s shifts or rosters so that
communication with workers is prevented or significantly impeded;
disrupting duly organised meetings.
iv. The delegate
shall be entitled to represent members in relation to industrial matters at the
workplace, and without limiting the generality of that entitlement is entitled
to be involved in representing members:
at all stages in the negotiation and implementation of
Enterprise Awards or Awards or other industrial instruments;
the introduction of new technology and other forms of
workplace change;
Career path, reclassification, training issues; and to
initiate discussions and negotiations on any other matters affecting the
employment of members;
Ensuring that workers on site are paid their correct
wages, allowances and other lawful entitlements;
To check with relevant industry schemes so as to ensure
that superannuation, long service leave and redundancy has been paid on time.
v. Subject to the
application of Part 9 Division 9 of the Workplace Relations Act 1996 and
section 42 of the Building and Construction Industry Improvement Act
2005, in order to assist the delegate to effectively discharge his or her
duties and responsibilities, the delegate shall be afforded the following
rights:
the right to reasonable communication with other
delegates, Union officials and management in relation to industrial matters,
where such communication cannot be dealt with or concluded during normal breaks
in work;
paid time off work to attend relevant Union training
courses/forums;
up to 10 days paid time off to attend meetings of
delegates in the industry, as authorized by the relevant Union.
vi. The Employer
of a delegate shall provide to the delegate the following:
a lockable cabinet for the keeping of records;
a lockable notice board for the placement of Union notices
at the discretion of the delegate;
where practicable, i.e. on large sites, a Union office;
where a Union office room is not practicable, access to
a meeting room;
use of the telephone for legitimate Union business;
from existing resources, and when required access to:
a word-processor, typewriter, or secretarial support at
the workplace;
to personal computers (PC), CD ROM and E-mail and the
Internet at the workplace;
a photocopier or facsimile machine.
vii. Subject to the
application of Part 9 Division 9 of the Workplace Relations Act 1996 and
section 42 of the Building and Construction Industry Improvement Act
2005, 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.
18.3 Union
Membership
Subject to the application of Part 9 Division 9 of the Workplace
Relations Act 1996 and section 42 of the Building and Construction
Industry Improvement Act 2005, properly accredited officials and workplace
representatives of the Union shall have the right, in accordance with law, to
be provided with appropriate access to Employees to promote the benefits of
Union membership.
To assist in this process the Employer shall:
a. If requested
by the Employee in writing, provide payroll deduction services for Union fees.
Such fees shall be remitted to the Union on a monthly basis with enough
information supplied to enable the Union to carry out a reconciliation;
b. Provide the Union
with access to talk to new Employees;
c. Ensure that
all supervisors are trained in the provisions of the Project Award.
19. Australian
Content
19.1 The Project
Manager shall endeavour to maximise Australian content in materials and
construction equipment on the Project where practical and feasible.
20. Protective
Clothing
20.1 The Employer
will provide the Employees with legally produced Australian made protective
clothing and footwear on the following basis:
a. Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on site and will
be replaced on a fair wear and tear provided they are produced to the Employer
as evidence.
b. Clothing
Two sets of protective clothing (Combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year as a result of fair wear and tear and are produced to the
Employer as evidence.
c. Jackets
Each person, after accumulated employment on site of
152 hours shall be eligible to be issued with warm bluey jacket or equivalent,
which will be replaced once per calendar year on a fair wear and tear basis.
20.2 In circumstances
where any Employee(s) is transferred to the Project from another Project where
an issue of equivalent clothing was made, then such Employee shall not be
entitled to an issue to this Project until the expiry of the calendar year or
on a fair wear and tear basis.
20.3 The Employer
will consult with the Newcastle Trades Hall Council/ to be provided with a list
of Australian manufacturers who do not use illegal or exploited labour in the
manufacturing of their work clothes.
20.4 Employees who receive
from the Employer an issue and replacement of equivalent clothing and/or safety
footwear as part of the Employer’s policy or relevant industrial instrument
shall not be entitled to the provisions of this clause.
20.5 Notwithstanding
anything else contained in this clause all Transport Employees/Contractors will
be supplied with Safety Footwear, 1 set of Clothing and 1 Jacket prior to the
commencement of work at the site.
However the Company does not need to supply the above if the said
Employee/Contractor has been issued with the clothing by the Principal
Contractor within the previous twelve (12) months and the Principal Contractor
can substantiate that fact.
21. Workers
Compensation and Insurance Cover
21.1 The Employer
must ensure that all persons that they engage to work on the Project are
covered by workers compensation insurance.
21.2 The Employer
and its Employees must comply with the following steps to ensure expedited
payment of workers compensation:
a. All Employees
will report injuries to the Project first aider and their supervisor at the
earliest possible time after the injury;
b. All Employees
will comply with the requirements for making a workers compensation claim,
including the provision of a WorkCover medical certificate, at the earliest
possible time after the injury. This
information will also be supplied to the Project first aid officer, and the
Employee’s supervisor;
c. In cases
where the Employee is unable to comply with the above, the Employer will assist
in fulfilling requirements for making a claim.
21.3 The Employer
must ensure that it is aware of and will abide by Sections 63 to 69 of the Workers
Injury Management and Workers Compensation Act 1998, which provide that:
a. The Employer
shall keep a register of injuries/site accident book in a readily accessible
place on site;
b. All Employees
must enter in the register any injury received by the Employee. The Employer must be notified of all
injuries on site immediately. The
Employer must notify the insurer within 48 hours of a significant injury;
c. The Employer
who receives a claim for compensation, must within seven (7) days of receipt,
forward the claim or documentation, to their insurer;
d. The 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. The Employer
who has received compensation money from an insurer shall forward such money to
the person entitled to the compensation within three (3) working days.
21.4 Where there has
been a serious incident and/or accident which has resulted in a serious injury or
loss of life the Employer shall notify the relevant Union immediately.
21.5 The Employer
will also complete the relevant accident notification form and send it to
WorkCover.
22. Apprentices
22.1 As part of the
Employer’s commitment to industrial training, a ratio of one apprentice/trainee
to every five tradesperson within the Employer’s workforce is to be maintained.
23. Training and
Workplace Reform
23.1 The Parties are
committed to achieving improvements in productivity and innovation through cooperation
and reform. The Employer is expected to demonstrate their commitment to develop
a more highly skilled workforce by providing its Employees with career
opportunities through appropriate access to training and removing any barriers
to the use of skills acquired.
24. Accidental Death
Cover
24.1 In addition to
other payments provided by this Award, Westfield Design & Construction Pty
Ltd will pay a $25,000 mortality payment, to the family or other nominated
beneficiaries of any worker who dies as a result of a site accident or injury,
or on their normal journey to and from the site.
24.2 This payment
shall be in addition to any other entitlement that might be paid to the family
or beneficiaries as a consequence of the death of the Employee.
25. Anti-Discrimination
25.1 It is the
intention of the Parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
25.2 This includes
discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
25.3 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the Parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with fulfilment of these obligations for the Parties to make application to
vary any provision of the Award, which, by its terms or operation, has a direct
or indirect discriminatory effect.
25.4 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an Employee because the Employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
25.5 Nothing in this
clause is to be taken to affect:
a. any conduct
or act which is specifically exempted from anti-discrimination legislation;
b. offering or providing
junior rates of pay to persons under 21 years of age;
c. any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
d. a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
25.6 This clause
does not create legal rights or obligations in addition to those imposed upon
the Parties by legislation referred to in this clause.
26. Personal/Carers
Leave
26.1 Use of Sick
Leave
a. An Employee,
other than a casual Employee, with responsibilities in relation to a class of
person set out in clause 27.1 (c)(ii) who needs the Employee’s care and
support, shall be entitled to use, in accordance with this subclause, any current
or accrued sick leave entitlement, for absences to provide care and support,
for such persons when they are ill. Such leave may be taken for part of a
single day.
b. The Employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
Employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
c. The
entitlement to use sick leave in accordance with this subclause is subject to:
i. the Employee
being responsible for the care of the person concerned; and
ii. the person
concerned being:
a spouse of the Employee; or
a de facto spouse, who, in relation to a person, is a
person of the opposite sex to the first mentioned person who lives with the
first mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
a child or an adult child (including an adopted child,
a step child, a foster child or an ex-nuptial child), parent (including a
foster parent and legal guardian) grandparent, grandchild or sibling of the Employee
or spouse or de facto spouse of the Employee; or
a same sex partner who lives with the Employee as the
de factor partner of that Employee on a bona fide domestic basis; or
a relative of the Employee who is a member of the same
household, where for the purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other: and
"household" means a family group living in the
same domestic dwelling.
d. An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the Employee to give prior notice of absence, the
Employee shall notify the Employer by telephone of such absence at the first
opportunity on the day of absence.
26.2 Unpaid Leave
for Family Purpose
a. An Employee
may elect, with the consent of the Employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in 26.1 (c)(ii) above who is ill.
26.3 Annual Leave
a. An Employee
may elect with the consent of the Employer, subject to the Annual Holidays
Act 1944 (NSW), to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
Parties;
b. Access to
annual leave, as prescribed in paragraph 26.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under this Award;
c. An Employee
and Employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
26.4 Time-off in
Lieu of Payment for Overtime
a. An Employee
may elect, with the consent of the Employer, to take time-off in lieu of payment
for overtime at a time or times agreed with the Employer within twelve (12)
months of the said election.
b. Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
c. If, having
elected to take time as leave in according with paragraph 26.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
d. Where no
election is made in accordance with paragraph 26.4(a), the Employee shall be
paid overtime rates in accordance with the Award.
26.5 Make-up Time
a. An Employee
may elect, with the consent of the Employer, to work "make up time",
under which the Employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the Award at
the ordinary rate of pay.
b. An Employee on
shift work may elect, with the consent of the Employer, to work "make up time"
(under which the Employee takes time off ordinary hours and works those hours
at a later time at a later time), at the shift work rate, which would have been
applicable to the hours taken off.
26.6 Rostered days
off
a. An Employee
may elect, with the consent of the Employer, to take a rostered day off at any
time.
b. An Employee
may elect, with the consent of the Employer, to take rostered days off in part
day amounts.
c. An Employee
may elect, with the consent of the Employer, to accrue some or all-rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the Employer and Employee, or subject to reasonable notice by
the Employee or the Employer.
d. This subclause
is subject to the Employer informing each Union which is both party to the
Award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the Unions to participate in negotiations.
27. Project Calendar
27.1 For the
purposes of this Award the Parties agree a calendar will be adopted for the
Project. The calendar will be produced with a view to maximising quality
leisure time off for all Employees.
Accordingly the Parties agree that on the following weekends (as set out
in the Calendar), no work shall be carried out.
27.2 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/her nominee. In such circumstances reasonable notice
(where possible), shall also be given to the Union secretary.
27.3 Site Calendar
2006/2007
The Parties shall agree to a Project Site Calendar for
2006 consistent with the Industry calendar between the Parties and the MBA. The
site calendar shall follow the same principles as those established for
previous site calendars on the Tuggerah Shoppingtown Project.
28. Annexure A
(Parties)
28.1 Part 1
Employer:
Westfield Design & Construction Pty Ltd.
28.2 Part 2
Unions:
Newcastle Trades Hall Council.
Construction Forestry Mining Energy Union ( New South
Wales ) Branch
The New South Wales Plumbers and Gasfitters Employees'
Union
Electrical Trades Union of Australia (NSW Branch)
Transport Workers Union (TWU)
Automotive Food Metals Engineering Printing &
Kindred Industries Union (also known as AMWU).
29. Annexure B
Authority to obtain details of
work rights from DIMA
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Employee Details
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Employer/Labour Supplier
Details
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(As specified in passport or
other identify
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document)
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Family Name:
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Business Name:
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Given Name(s):
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Other Name(s) used (eg maiden
name)
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Business Street Address
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Date of Birth:
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Nationality:
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Passport Number:
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Visa Number:
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Type of Business
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Visa Expiry Date:
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I authorise the Department of
Immigration and
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Multicultural Affairs (DIMA)
to release the
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Name of Contact Person:
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details of my work rights
status (that is, my
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entitlement to work legally in
Australia) to the
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employer/labour supplier named
on this form.
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Telephone:
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I understand that these
details are held by DIMA
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Fax:
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on departmental files and
computer systems. I
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also understand that the
employers/labour
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Note that the employee's work
rights status
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supplier will use this
information for the purpose
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will be sent directly to the
fax number given
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of establishing my legal entitlement
to work in
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below. Please ensure that this number is
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Australia, and for no other
purpose.
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correct.
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Employee Signature:
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The completed form should be
faxed to
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1800 505 550
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Date:
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If all details match with our
records, the employee's work rights status will be faxed to you within one
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working day.
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R.
W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.