PARRAMATTA COURTS PRECINCT AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Multiplex NSW Pty Ltd.

 

(No. IRC 5255 of 2005)

 

 

AWARD

 

1.  Arrangement

 

1.         Arrangement

2.         Objectives

2.1        Work Organisation

2.2        Environment & Safety

2.3        Generally

3.         Definitions

4.         Application

5.         Leave Reserved

6.         Duration

7.         Productivity Allowance

8.         Health, Safety and Rehabilitation (HS&R)

8.1        Induction

8.2        Health and Safety Plans

8.3        The Safety Committee

8.4        Implementation of this Clause

8.5        OH&S Industry Induction

8.6        Formwork Safety

8.7        Temporary Power/Testing and Tagging

8.8        Crane Safety

8.9        Top-Up Insurance

9.         Dispute resolution

9.1        Project Disputes

9.2        Demarcation Disputes

9.3        Procedures to prevent Disputes Regarding Non- Compliance

10.       Productivity initiatives

10.1      Learning initiatives

10.2      Inclement weather

10.3      Maximising Working Time

10.4      Approach to Inoperative Hoist

11.       Building Codes

12.       Immigration Compliance

12.1      Immigration compliance

12.2      Legal right of Employees to work

13.       Long Service Compliance

14.       No Extra Claims

15.       No Precedent

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 - Authority to Obtain Details of Immigration

Status from DIMIA

 

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.

 

2.2        Environment & Safety

 

Provision of high standards of Environmental and Health & Safety management throughout the Project.

 

2.3        Generally

 

(a)        Implementation of this Award, and compliance with all relevant statutory provisions;

 

(b)        Compliance with the provisions of any applicable award, Enterprise Agreement or other certified  industrial instrument;

 

(c)        Elimination of unproductive time;

 

(d)        Reward Employees for improvements in productivity on the Project;

 

(e)        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 the Parramatta Courts Precinct Award made between the Parties.

"Contract Carrier" means a 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 Multiplex 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 Multiplex and/or any subcontractor 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.

 

"HS&R" means Health, Safety and Rehabilitation.

 

"Health Safety and Rehabilitation Policy" means 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.

 

"Multiplex" means Multiplex NSW Pty Ltd (A.C.N. 107 007 527) of 1 Kent Street, Sydney NSW 2000.

 

"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 Multiplex and the client.

 

"Productivity Milestones Committee" means the committee established under clause 7 of this Award.

 

"Project" means the construction works contracted to Multiplex.

 

"Project Milestones" means significant events in the Project as specified in each subcontractor's contract with Multiplex.

 

"Safety Committee" means the site safety committee formed under the Occupational Health and Safety Act (NSW) 2000.

 

"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)        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 various issues on the Project so as to deliver the Project on time.

 

5.  Leave Reserved

 

The Union parties to this Award reserve the right to seek to vary the Award if they find that an Employer is not implementing the Award terms.

 

6.  Duration

 

This Award shall operate on and from 8 August 2005 until Practical Completion.

 

7.  Productivity Allowance

 

(a)        A Productivity Allowance is payable to Employees by their respective Employer in addition to the other entitlements specified in this Award, in return for the achievement of Project Milestones.

 

(b)        Immediately upon Project commencement a Milestones Monitoring Committee shall be established.  The Committee shall consist of an equal number of Employer and Employee representatives.

 

(c)        Milestones for the purpose of a lump sum payment shall be identified and be in accordance with each individual subcontractors contract milestones.  In accordance with each subcontract, milestone periods shall include a reasonable allowance for delays eg inclement weather, site coordination.  In addition the achievement of milestones may be effected by an "extraordinary event".

 

(d)        An "extraordinary event" is defined as an event that occurs that is beyond the ability of the parties to influence and which affects the project as a whole.  Such an event may also include a demonstrable error in the determination of a milestone/s.  Where the Milestones Monitoring Committee consider that an extraordinary event has occurred, then the matter shall be referred to mutually agreed senior management representatives from Multiplex and Unions to be resolved.  In such circumstances the milestone date may be extended to an "adjusted milestone date".

 

(e)        On achievement of a milestone and/or adjusted milestone, a lump sum milestone payment that equates to $3.00 per hour worked leading up to the milestone shall be made to each Employee.

 

(f)         In the event that a milestone date or adjusted milestone date is not achieved, the milestone lump sum payment shall not be paid.  However a milestone lump sum payment shall be made when the milestone is actually achieved ("late milestone").  This lump sum payment for achieving the late milestone shall be reduced on a pro rata basis by the amount of extra time taken beyond the milestone date.

 

(g)        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.

 

(h)        Subject to clauses 7(c)-(f), the Parties agree that any transport worker carrying out work relating to the Project will be paid the Project productivity allowance of $3.00 per hour, provided that the transport worker is involved with the Project for two or more hours on any calendar day.

 

8.  Health, Safety and Rehabilitation (HS&R)

 

8.1        Induction

 

All Employees must attend an induction course on commencement of their engagement on the Project.

 

8.2        Health and Safety Plans

 

All Employers must submit an environment, health, safety and rehabilitation management plan to Multiplex.  These plans must include as a minimum  procedures and methods that cover:

 

(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 HS&R meetings, inspections and audits of the Project.

 

8.3        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 an agreed provider. The Safety Committee may recommend inviting a Union official or other guest to attend any Safety Committee meeting or site inspection.

 

8.4        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) may 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 consistent with the requirements of the NSW OHS ACT 2000  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.

 

8.5        OH&S Industry Induction

 

A person will not be engaged on site unless he or she has completed an Industry Occupational Health and Safety Induction approved by the WorkCover Authority of NSW.

 

8.6        Formwork Safety

 

All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover Formwork Certificate of Competency.  Where an Employee does not have a Certificate of Competency, an agreed provider will be contacted to assess the qualifications of the relevant Employee.

 

8.7        Temporary Power/Testing and Tagging

 

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

 

8.8        Crane Safety

 

A mobile crane will not be allowed on the Project site unless it has been certified by Cranesafe Australia (New South Wales).  All cranes on the Project site will be required to display their current Cranesafe inspection label and their RTA registration certificate.

 

8.9        Top-Up Insurance

 

Each Employer will provide Workers' Compensation Top-Up/24 Hour Income Accident Insurance for all of their respective Employees who work on the Project with the U-PLUS or other similar schemes.

 

9.  Dispute Resolution

 

One of the aims of the Award is to eliminate lost time in the event of a dispute and to achieve, through genuine negotiation, the prompt resolution of any dispute.

 

9.1        Project Disputes

 

If there is 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 Multiplex and the Union delegate; Workforce representative;

 

(c)        Discussion between site management representatives of Multiplex and the Union organiser/Workforce representative;

 

(d)        Discussion between senior management of Multiplex and the appropriate Union official/Workforce representative;

 

(e)        Discussion between the Secretary of the relevant Union (or nominee) and/or Workforce representative and Multiplex 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.

 

Employees shall have a right to be or not to be represented by a union or workplace representative.

 

9.2        Demarcation Disputes

 

If 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. The continuation of work in such circumstances 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 under the terms of clause 9.2 (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); and

 

(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.

 

9.3        Procedures to prevent Disputes Regarding Non- Compliance

 

(a)        Multiplex will check monthly payments of subcontractors companies engaged on site with respect to their Employee's entitlements so as to ensure compliance with relevant award, enterprise agreements or other legislative obligations.  Multiplex shall also check that Employers have not introduced arrangements such as unlawful ‘all-in’ payments or ‘cash-in-hand’ payments, (i.e. payments designed to avoid tax and other statutory obligations and sham subcontract arrangements.)  Where such practices are identified the Employer will take immediate steps to ensure that any such arrangements are rectified and that any Employee affected by any such arrangement receives all statutory entitlements.

 

(b)        Each subcontractor engaged on site will be specifically advised and monitored in respect of payroll tax and required to comply with their lawful obligations.

 

(c)        In accordance with Section 127 of the Industrial Relations Act 1996, Section 175(b) of the Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll Tax Act 1971 Multiplex will obtain all applicable Sub-Contractors Statements regarding workers’ compensation, payroll tax and remuneration.

 

(d)        Provided the project delegate/workforce representative is an Employee of an Employer then he or she shall be given reasonable time during working hours to assist the Construction Manager, or his or her nominee to perform the tasks set out in clauses 9.3(a) and 9.3(c). The union delegate or another workplace representative shall advise Multiplex 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.

 

10.  Productivity Initiatives

 

10.1      Learning initiatives

 

Each Employer shall be required to implement skill enhancement and workplace reform programs while working on the Project.

 

10.2      Inclement weather

 

(a)        The Parties to this Award will collectively proceed towards the minimisation of lost time due to inclement weather.

 

(b)        Further, the Parties are bound to adopt the following principles with regard to inclement weather and idle time created by inclement weather:

 

(i)         Adoption of a reasonable approach regarding what constitutes inclement weather;

 

(ii)        Employees shall accept transfer to an area or site not affected by inclement weather if, in the opinion of the Parties, useful work is available in that area or site and that work is within the scope of the Employee’s skill, competence and training consistent with the relevant classification structures (provided that the Employer shall provide transport to such unaffected area where necessary);

 

(iii)       Where the initiatives described in (ii) above are not possible or 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;

 

(iv)      All Parties are committed to an early resumption of work following any cessation of work due to inclement weather; and

 

(v)       The Parties agree the practice of "one out, all out" will not occur.

 

10.3      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.

 

10.4      Approach to Inoperative Hoist

 

The Parties agree that where for reasons of maintenance or breakdown a hoist is inoperative.  Then access to work areas will be by stairs.  Provided that sufficient time is allocated for persons to travel to and from their work areas to and from amenities at smoko and lunch times and for toilet breaks.  And further provided that such arrangements are discussed with the Project Health and Safety Committee

 

11.  Building Codes

 

The Parties agree that if any difficulty arises in respect of Multiplex's ability to comply with building codes (state or federal) (including any guidelines), the Unions will meet with Multiplex and discuss the issue.  After this discussion, Multiplex may apply to the NSW Industrial Relations Commission to vary this Award to the extent necessary to achieve compliance with state and/or federal building codes.  The Union parties reserve their rights in respect of such matters.

 

12.  Immigration Compliance

 

12.1      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 Multiplex of the importance of immigration compliance.  Where there is concern that illegal immigrants are being engaged by an Employer on the Project, Multiplex will act decisively to ensure compliance.

 

12.2      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 B) may assist in providing evidence of an Employee’s legal status.

 

13.  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.

 

14.  No Extra Claims

 

The Parties agree that they will not pursue extra claims in respect of any matter (whether in this Award or not) during the term of this Award.

 

15.  No Precedent

 

The Parties will not use this Award as a precedent and this Award will not create a claim for flow-on of on-site wage rates and conditions.

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 Project Delegate and Union members is an important mechanism in assisting the Parties to resolve grievances and disputes in a timely fashion.

 

16.1      Visiting Union Officials

 

Officials will comply with relevant legislative right of entry provisions applying from time to time.

 

16.2      Project Delegate

 

Parties to this Award recognise that the Project workforce will have the right to elect a Project Delegate who on election shall be the principal spokesperson for union members of 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 provided that any Employee shall have the right to not be approached if they so choose.

 

(c)        The Project Delegate shall have the right to communicate with the Employees 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)       provided that (c)(i) - (ii) above, do not in any way limit an Employer's prerogative to allocate normal duties in accordance with the Employer's requirements.

 

(d)        The Project Delegate shall be entitled to represent the Employees 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 in relation to proposals for:

 

(i)         the introduction of new technology on the Project and other forms of workplace change that may impact on the project workforce;

 

(ii)        career path, reclassification, training issues;

 

(iii)       ensuring that Employees are aware of their correct wages, allowances and other lawful entitlements and if becoming aware that such wages allowances and entitlements are not being paid then informing Multiplex; and

 

(iv)      to check with Multiplex that superannuation, long service leave and redundancy has been paid on time, subject to relevant legislation.

 

(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; and

 

(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)        Subject to right of entry laws, 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 the process referred to in (a), the Employer shall 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.

 

(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 the Unions 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)        Multiplex 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

 

Multiplex 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 24.1 (c) (ii) who needs the Employee’s care and support, shall be entitled to use, in accordance with this sub clause, 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 by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness requires care by another person.  In normal circumstances, an Employee must not take carer’s leave under this sub clause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this sub clause 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 24.1 (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 24.3(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, which is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in according with paragraph 24.4(a) above, and 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 24.4(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 RDO's 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 sub clause 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.

 

(b)        However, where there is an emergency, special client need or other work identified by Multiplex, work can be undertaken on the weekends and adjacent RDO’s as set out below, subject to the agreement of the parties to this award.  In such circumstances reasonable notice (where possible), shall be given.

 

PROJECT CLOSE DOWN CALENDAR 2005

 

 

PROJECT CLOSE DOWN CALENDAR 2006

 

 

PROJECT CLOSE DOWN CALENDAR 2007

 

 

The Parties shall agree to a Project Site Calendar for 2008 consistent with the industry calendar between the Parties.  The site calendar shall follow the same principles as those established for the 2007 calendar.

 

ANNEXURE A (Parties)

 

Part 1

 

EMPLOYERS:

 

Multiplex NSW Pty Ltd 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

 

AUTHORITY TO OBTAIN DETAILS OF IMMIGRATION STATUS FROM DIMIA

 

I,
(Family Name)	(Given Name/s)
Date of Birth:	Nationality:
Visa number:	Passport number:

 

authorise the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) 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 send or fax this form to:

 

The Department of Immigration and Multicultural and Indigenous Affairs

Phone: (02) 9258 4730

Fax: (02) 9258 4763

 

 

 

F. L. WRIGHT  J, President.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.