BARCLAY MOWLEM CONSTRUCTION LTD ENGINEERING CONSTRUCTION GROUP,
BAYSWATER COLLIERY CONSTRUCTION PROJECT CONSENT AWARD 2000-2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 867 of 2001)
Before Commissioner O'Neill
|
18 May 2001
|
REVIEWED AWARD
CONTENTS
Clause No. Subject
Matter
1.0 Title
Section A The Award
2.0 Parties to the Award
3.0 Objectives
4.0 Induction
5.0 Period of Operation and Renewal of the Award
6.0 Consultative Committees
7.0 Skill Development
Section B. Employment Conditions
8.0 Contract of Employment
9.0 Rates of Pay and Payment of Wages
10.0 Hours of Work and Rostered Days Off
11.0 Rest Periods, Crib Times and Meal Breaks
12.0 Excess Fares
Section C Leave Entitlements
13.0 Sick Leave
14.0 Annual Leave
15.0 Other Leave
16.0 Picnic Day
17.0 Parental Leave
17A Personal/Carer's Leave
Section D Employee Benefits
18.0 Workers Compensation and Sickness Benefits
19.0 Superannuation
20.0 Redundancy
Section E Issue Resolution
21.0 Inclement Weather
22.0 Dispute Prevention Procedures
23.0 Procedure for Settling Disagreements over Safety Issues
24.0 Employee Warnings
Section F Miscellaneous
25.0 Time Records
26.0 Working Away from Home
27.0 Protective Clothing
28.0 Employee Representative
29.0 Mixed Functions
30.0 Trade Union Training
31.0 Compensation for Clothes and Tools
32.0 Anti-Discrimination
33.0 Meetings of Employees to Discuss award & Related
Issues
34.0 Union Membership
35.0 No Extra Claims Commitment
36.0 On Site Register
37.0 Definitions
Appendix A - Wage
Rates and Date of Application
Appendix B -
Consultative Committee Constitution
1.0 Title
1.1 The Title - This Award shall be
known as the Barclay Mowlem Construction Ltd Engineering Construction Group,
Bayswater Colliery Construction Project Consent Award 2000 - 2001.
1.2 Application of
Award - This Award shall apply exclusively to all employees of Barclay Mowlem
Construction Limited Engineering Construction Group and any employee of
contractors, or subcontractors, engaged by BMCL for the above Project for whom
classifications and rates of pay are provided herein. This Award shall have no application to plant commissioning,
operations or maintenance or to any other work after turnover of work to
Bayswater Colliery or to any other activities for which Barclay Mowlem
Construction Limited is not responsible.
1.3 Stand Alone
Award - This award is a stand alone award and prescribes all the terms and
conditions of employment for the duration of the Bayswater Construction
Project.
Section A. The Award
2.0 Parties To The Award
2.1 The
Parties to this Award are (1) Barclay Mowlem Construction Limited (hereafter
BMCL) Engineering Construction Group and their employees, (2) all contractors
engaged by BMCL and their employers (3) The Labor Council of NSW (4) and those
unions who are affiliated to the Labor Council of NSW and who are signatories
to this award.
3.0 Objectives
3.1 The key
objectives of the Award are to:
• encourage a
high degree of employee participation, team work, trust and shared commitment
to the goals of the Project
• develop skill
improvement programs for employees
• maintain and
consolidate a good safety record for the Project
• promote
measures to improve efficiency and minimise waste from construction activities
• promote
measures to minimise the impact of construction work on the environment
• provide a set
of agreed employment conditions
4.0 Induction
4.1 Prior to the
commencement of work on site, all project employees of shall be required to
attend and undertake a project induction session. Officials of the signatory parties may attend these sessions. Employees will have to demonstrate a clear
understanding of the issues raised in the induction, prior to beginning actual
work.
4.2 Inductions
will include information and the provision of relevant documentation on the
following;
• the scope,
purpose and anticipated duration of the project
• the Project
Award and how it governs the contract of employment of each employee
• compliance
with the requirements for legislative, employer, employee and site safety and
environmental standards
• the
cooperative objectives of this enterprise agreement
• the specific
dispute resolution procedures of this enterprise agreement
5.0 Period of
Operation and Renewal of the award
5.1 This Award is made following a
review under section 19 of the Industrial
Relations Act 1996 and rescinds and replaces the Bayswater Mowlem
Construction Ltd Engineering Construction Group, Bayswater Colliery
Construction Project Consent Award 2000-2001 published 15 December 2000 (321
I.G. 26).
5.2 The Award
published 15 December 2000 took effect from 1 June 2000 for a period of two (2)
years or until the end of the project.
5.3 The changes
made to the Award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take
effect on 18 May 2001.
6.0 Consultative
Committees
6.1 Within one (1)
month of commencement on site Barclay Mowlem will encourage the establishment
of a Consultative Committee.
6.2 The Parties
acknowledge the central role of a Project Consultative Committee is developing
and maintaining the conditions and industrial climate necessary for the
successful application of this Award.
6.3 The Project
Consultative Committee shall be provided with all the relevant information
necessary for it to monitor the implementation of this Award.
6.4 The Project
Consultative Committee shall consist of elected full time Barclay Mowlem
Employees only and representatives from Management and Employees in equal
numbers. A constitution shall be drawn
up to govern the election and operation of the Project Consultative Committee.
6.5 Union
officials shall be invited to attend Project Consultative Committee meetings as
observers. Notice of meetings will be
conveyed through the consultative Committee and copies of minutes will be
provided upon request.
7.0 Skill
Development
7.1 This Award
aims to encourage all employees to improve their skills through industry
recognised training.
7.2 Project
Consultative Committees may consider a skill development plan for each project,
based on the training opportunities and facilities provided on the project.
7.3 Inclement
weather time may be devoted to agreed structured training when it is possible
for training to be delivered.
Section B. Employment Conditions
8.0 Contract of
Employment
8.1 Except for a
casual employee (as defined) employment shall be by the week. One (1) week’s notice of termination of
employment shall be given on either side or one (1) week’s pay shall be paid or
forfeited.
9.0 Rates of Pay
and Payment of Wages
9.1 The ordinary
rates shall be those rates as outlined in Appendix A - ‘Wage Rate and date of
Application.’ The allowances (where
applicable) shall be those allowance prescribed in clause 9.9. There will be no increases to those rates on
allowance during the life of this award.
9.2 In the
situation where an employee is undertaking a role for which there is no
classification. The Barclay Mowlem Engineering Construction Group H.R. Manager
and Labor Council of NSW shall determine the classification according to
industry standards.
9.3 All wages,
allowances and other monies shall be paid by electronic funds transfer. Payments shall be paid and available to the
employee not later than the cessation of ordinary hours of work on Thursday of
each working week.
9.4 An employee
kept waiting for his/her wages, on pay day for more than an hour after the
usual time of ceasing work shall be paid at overtime rates for a maximum of
four (4) hours.
9.5 Provided that
in any week in which a holiday falls on a Friday wages accrued shall be paid on
the previous Wednesday night and provided further that when a holiday occurs on
any Thursday wages accrued may be paid on the following Friday. Nothing shall prevent any alternative mutual
arrangement between an employer and an employee.
9.6 An employer
shall not keep more than two (2) days wages in hand.
9.7 When notice is
given in accordance with Clause 8 - Contract of Employment, of this Award all
monies due to the employee shall be paid at the time of termination.
9.8 Particulars of
details of payment to each employee shall be included on the envelope including
the payment, or in a statement handed to the employee at the time payment is
made and shall contain the following information:
1. Date of
payment.
2. Period
covered by such payment
3. The amount of
wages paid for work at ordinary rates
4. The gross
amount of wages and allowances paid.
5. The amount of
each deduction made and the nature thereof.
6. The net
amount of wages and allowances paid.
In addition, the following details will also be included in
the statement when such payments and benefits apply:
7. The number of
hours paid at overtime rates and the amount paid therefore.
8. The amount of
allowances or special rates paid and the nature thereof.
9.9 Other
entitlements
9.9.1 Tool Allowance
A tool allowance of $18.90 per week shall be paid for all
purposes of the agreement to all tradespersons.
9.9.2 In Charge of
Plant allowance
Where an employee is required by their employer:
(i) to operate a
piece of plant as defined for more than two (2) days in any given week;
(ii) to conduct
regular maintenance checks i.e. complete daily checklists and provide to their
supervisor on that plant and to undertake minor servicing eg refuelling,
greasing, oil replacement, tyre maintaining, tyre pressure;
(iii) he/she will
be paid an allowance of $25 per week flat.
9.9.3 First Aid
Allowance - Employees who have current industry recognised First Aid
qualifications shall be paid an allowance of $2 per day (flat) for each day
worked.
9.9.4 Leading Hand
Allowance - A person specifically appointed to be a leading hand shall be paid
at the rate of the undermentioned hourly amounts above the hourly rates of
his/her own rate.
Per Hour ($)
(a) In charge of
not more than one person 0.30
(b) In charge of
two and not more than five persons 0.70
(c) In charge of
six and not more than ten persons 0.90
(d) In charge of
more than ten persons 1.20
This allowance is to apply for all purposes of this award.
9.9.5 Allowances
(i) Specialist
Skills - Electrical employees who are qualified and required to perform such
work shall receive the following all purpose allowance:
Electrical Licence $24.50
per week
Electrical Special Class $38.68
per week
Electrical Instrument Fitter $38.68
per week
Instrument, complex systems $38.68
per week
(ii) Specialist
Skills - Mechanical
Mechanical employees (as defined) who are qualified to
Project standards and are required to perform such work shall receive the
following all purpose allowance:
Instruments $38.68
per week
Instrument, Complex Systems $38.68
per week
(iii) Plumbing
Licence $38.20
per week
Plumbing Registration $18.40
per week
10. Hours of Work
and Rostered Days Off
10.1 The ordinary
hours of work as defined below for Employees will be for the purposes of this
Award be worked between 6.00 am and 6.00pm.
10.2 The ordinary
working hours shall be worked in a 20 day cycle, Monday to Friday, inclusive,
with eight (8) hours worked for each of 19 days and with 0.4 of an hour on each
of those days accruing towards the twentieth day, which shall be taken as a
paid day off. The twentieth day of that
cycle shall be known as the Rostered Day Off (R.D.O.) and shall be taken as
outlined in subclauses 10.3, 10.4 and 10.5 below. Provided that payment on such a rostered day off shall include
accrued entitlements as outlined above and to fares as outlined in Clause 18a
of this award.
R.D.O accruals will occur as follows:
(i) on ordinary
days worked
(ii) on approved
sick leave
(iii) on approved
workers compensation
(iv) on approved
special leave
(v) on annual
leave
(vi) on public
holidays
10.3 Rostered Days
Off shall be taken by agreement between the employee and the employer. Individual employees may use a
"banked" RDO if agreed with their employer provided at least one
week’s notice is given. Approval will
only be refused due to urgent work commitments. An employee may bank RDO’s to a maximum of five (5) days.
10.4 The company
will notify the unions of any changes that are proposed to the industry set
Rostered Days Off.
10.5 The options
will include:
• An alternate
day in the same or immediately following four (4) week cycle.
• Banking for
agreed periods to be taken off in conjunction with annual leave and/or public
holidays.
• Or any other
agreed days.
10.6 An employee who
has not worked, or is regarded by reason of Clause 10.2 as having not worked, a
complete nineteen-day four week cycle, shall receive pro rata accrued
entitlements for each day worked or regarded as having been worked in such
cycle, payable for the rostered day off, or in the case of termination of
employment, on termination.
10.7 Overtime and
Special Time
10.7.1 No apprentice
under the age of 18 years shall be required to work overtime or shift work
unless he/she so desires. No apprentice
shall, except in an emergency, work or be required to work overtime or shift
work at times which would prevent his\her attendance at T.A.F.E.
10.7.2 When an
employee, after having worked overtime and /or a shift for which he/she has not
been regularly rostered, finishes work at a time when their usual means of
transport is not available your employer shall provide him/her with conveyance
to his/her home or to the nearest public transport.
10.7.3 An employee who:
(a) That has not
had at least 10 consecutive hours off duty before recommencing the next shift.
(b) On the
instructions of the employer, resumes or continues to work without having had
such ten consecutive hours off duty he/she shall be paid at double rates until
he/she has had ten (10) consecutive hours off duty without a loss of ordinary
working time pay.
(c) Has worked
continuously (except for meal and crib times allowed by this Agreement) for
sixteen (16) hours shall not be required to continue at or commence work for at
least twelve (12) hours.
(d) The provisions
of this subclause shall apply in the case of shift workers as if eight (8)
hours were substituted for ten hours when overtime is worked.
For the purpose of changing shift rosters; or where a shift
worker does not report for duty and day worker or shift worker is required to
replace such shift worker; or where a shift is worked by arrangement between
the employees themselves.
10.7.4 The provisions
of Clause 10.7.2 and 10.7.3 shall apply in respect of work on a Public Holiday.
The pay rates for weekend and public holidays are outlined
in the following table:
Period of work
|
Pay rate
|
Monday to Friday - after 8 ordinary hours
|
First 2 hours at 1.5 time
|
per day
|
Next hours at 2.0 time
|
Saturday - minimum 4 hours work
|
First 2 hours at 1.5 time
|
|
Next hours at 2.0 time
|
|
All afternoon work at 2.0 time
|
Sunday - minimum 4 hours work
|
All hours at 2.0 time
|
Public Holidays - minimum 4 hours work
|
All hours at 2.5 time
|
Recalled to work - minimum 3 hours work
|
At appropriate overtime rates
|
Saturday following Good Friday - minimum 4 hours
|
All hours at 2.5 time
|
10.8 Weekend Work
An employee working overtime on a Saturday or working on a
Sunday shall be allowed a paid crib time of 20 minutes after four hours work,
to be paid for at the ordinary rate of pay but this provision shall not prevent
any arrangements being made for the taking of a 30 minute meal period, the time
in addition to the paid 20 minutes being without pay.
In the event of an employee being required to work in excess
of a further four hours, he/she shall be allowed to take a paid crib time of 30
minutes which shall be paid at the ordinary rate of pay.
10.9 Shift Work
10.9.1 For the
purposes of this clause:
• "Day
shift" means a shift commencing between 6am and 8am.
• "Afternoon
shift" means a shift finishing after 9.00pm and at or before 11.00pm.
• "Night
shift" means a shift finishing between 11pm and at or before 7.00am.
• "Morning
shift" means finishing after 12.30pm and at or before 2.00pm.
• "Early
afternoon shift" means a shift finishing after 7.00pm and at or before
9.00pm
10.9.2 Where an
employee is employed continuously (inclusive of Public Holidays) for five (5)
shifts Monday to Friday, the following rates shall apply:
(a) Afternoon and
Night Shift - Ordinary Time plus 50%
(b) Morning and
Early Afternoon Shifts - Ordinary Time plus 25%.
10.9.3 In the case of
broken shifts (ie. Less than five (5)
consecutive shifts Monday to Friday) the rates prescribed shall be: Ordinary
time plus 50% for the first two (2) hours and double ordinary time rates
thereafter.
Provided that where a job finishes after proceeding on shift
work for more than five (5) consecutive days or the employee terminates his/her
services during the week, he/she shall be paid at the rate specified in
subclause 10.9.2 hereof for the time actually worked.
10.9.4 The ordinary
hours of both afternoon and night shifts shall be eight (8) hours daily
inclusive of meal breaks.
Where shift work comprises three (3) continuous and
consecutive shifts of eight (8) hours each per day, a crib time of 20 minutes
duration shall be allowed in each shift, and shall be paid for as though
worked. Such crib time shall be in lieu
of any other rest period or cessation of work, elsewhere prescribed by this
award. An employee shall be given at least 48 hours’ notice of the requirements
to work shift work.
10.9.5 For all work
performed on a Saturday or Sunday, the normal rates of pay applicable to
weekend overtime shall apply. Provided
that an ordinary night shift commencing before and extending beyond midnight
Friday, shall be regarded as a Friday shift.
10.9.6 All work paid in
excess of shift hours, Monday to Friday, other than holidays shall be paid for
at double time based on the ordinary rates of pay (excluding shift rates).
10.9.7 The provisions
of this Award relating to hours (38 hour week) and leave shall apply to all
employees working shift.
10.10 Public Holidays
10.10.1 An employee, other than a casual
employee (as defined) shall be entitled to the following holidays without
deduction of pay. Provided that if any
other day be by a State Act of Parliament or State Proclamation substituted for
any of the said holidays, the day so substituted shall be observed, then such
day shall be deemed to be a holiday for the purposes of this agreement, for
holidays covered by this award:
New Year’s Day.
Australia Day.
Good Friday.
Easter Monday.
ANZAC Day.
Queen’s Birthday
Eight Hour Day or Labour Day.
Christmas Day.
Boxing Day
Newcastle Show Day or local show day as gazetted
Picnic Day - 1st Monday in December
10.10.2 Easter Saturday - only an employee
who normally works ordinary time, not overtime, on Easter Saturday shall be
entitled to an ordinary days pay if Easter Saturday is not worked and not
otherwise. All employees shall be
entitled to public holiday penalty rates if Easter Saturday is worked.
10.10.3 Where an additional or substitute
public holiday is proclaimed the existing Award arrangements shall apply.
10.10.4 Provided that:
10.10.4.1 An employer who terminates the
employment of an employee except for reasons of misconduct or incompetency
(proof of which shall lie upon the employer) shall pay the employee a day’s
ordinary wages of each holiday which falls within 10 consecutive days after the
day of termination.
10.10.4.2 Where any two or more of the holidays
prescribed in this Award occur within a 7 day span, such holidays shall for the
purpose of this Award be a group of holidays.
If the first day of the group holidays falls within 10 consecutive days
after termination, the whole group shall be deemed to fall within the 10
consecutive days. Christmas Day, Boxing
Day, and New Year’s Day shall be regarded as a group.
10.10.4.3 No Employee shall be entitled to
receive payment from more than one employer in respect of the same public
holidays or group of holidays.
10.10.4.4 An employee who has worked as required
by his employer the working day immediately before and the working day
immediately after such a holiday or is absent with the permission of his
employer or is absent with reasonable cause, shall be entitled to payment for
the payment the public holiday. An
absence arising by termination of employment shall be not be reasonable cause.
10.10.5 All employees shall, as far as
practicable, be given and shall take Picnic Day and shall be paid therefore
eight hours work at the rate of pay prescribed in Clause 9 of the this Award.
10.10.6 All work performed on any of the
holidays prescribed in this clause or substituted in lieu thereof, shall be
paid for at the rate of double time and a half (ie. 2-1/2 times).
10.10.7 An employee required to work on a
holiday shall be afforded at least four hours work or paid for four hours at
the appropriate rate.
11.0 Rest Periods, Crib Times and Meal Breaks
11.1 Employees will
be entitled to a ten (10) minute meal break (without a deduction in pay) to be
taken within the first 3 hours of commencing work on all days worked.
11.2 A lunch break
of thirty (30) minutes (non-paid) will be taken between the hours of 12.00 noon
and 1.00 pm.
11.3 When an
employee is required to work overtime after the usual ceasing time for the day
or shift for two hours or more, he/she shall be allowed to take, without
deduction of pay, a crib time of 20 minutes in duration immediately after such
ceasing time and thereafter, after each four hours of continuous work, he/she
shall be allowed to take also, without deduction of pay, a crib time of 30
minutes in duration. In the event of an
employee remaining at work after the usual ceasing time without taking the crib
time of 20 minutes and continuing at work for a period of two hours or more,
he/she shall be regarded as having worked 20 minutes more than the time worked
and be paid accordingly. Subject to
further order this payment shall be at ordinary time for employees engaged on
weekly hire.
For the purposes of this subclause "usual ceasing
time" is at the end of ordinary hours inclusive of time worked for accrual
purposes as prescribed in clauses 10.1 and 10.2.
Where shift work comprises three continuous and consecutive
shifts of eight hours each per day inclusive of time worked for accrual
purposes as prescribed in clause 10.9 a crib time of 20 minutes in duration
shall be allowed without deduction of pay in each shift, such crib time being
in each shift in lieu of any other rest period or cessation of work elsewhere
prescribed by this award.
11.4 Meal Allowance
- An employee shall be entitled to be paid an allowance $7.80 for each day
where they are required to work 10.0 hours or more. This shall not apply to an employee who is receiving an allowance
prescribed in clause 30 ‘working away from home’.
An employee shall be entitled to the provision of this
clause when employed on a job or construction work at such a distance from his
usual place of residence that he cannot reasonably return to that place each
night under the following conditions:
a) the employee
is not in receipt of relocation benefits through the Commonwealth Employment
Service;
b) the employee
is maintaining a separate place of residence to which it is not reasonable to
expect him/her to return each night;
and
c) the employee
on being requested by the employer informs the employer, at the time of
engagement, that he/she maintains a separate place of residence from the
address recorded on the job application.
11.5 Employees
engaged in the pouring, placing and finishing of concrete may be called upon to
work for not more than 1 hour during recognised meal breaks without additional
rates of pay, provided they receive equivalent meal time over the same shift. Meal breaks can be taken on a rolling basis
to allow continuity in the paving operations.
12.0 Excess Fares
12.1 Provided
that, if the employee uses their own private vehicle to travel to and from the
site An Employee who resides more than 50 km from the site and who travels more
than 50 km by road each way to and form the site each day shall be entitled to
a minimum travel time payment of half an hour each day at ordinary rates. If the travelling time beyond the 50km is in
excess of half an hour each day, the actual time travelled beyond the 50km
shall be paid at ordinary rates in increments of 0.25 hours.
Provided that the
employee shall be entitled to forty ($0.40) cents per km for each km travelled
in excess of 50 km.
Provided further,
this payment shall not be made if the employer provides or offers to provide
transport to and from site each day.
Section C
Leave Entitlements
13.0 Sick Leave
13.1 An employee other than a casual employee
as defined who is absent from his/her work on account of personal illness or on
account of injury by accident, other than that covered by workers’ compensation,
shall be entitled sick leave subject to the following conditions and
limitations:
(a) He/she shall within 24 hours of the
commencement of such absence inform their employer of his/her inability to
attend for duty, and as far as practicable, state the nature of the injury or
illness and the estimated duration of his/her absence.
(b) He/she shall prove to the satisfaction
their employer that he/she was unable on account of such illness or injury to
attend for duty on the day or days for which sick leave is claimed.
(c) An employee during his/her first year of
employment with their employer shall be entitled to sick leave entitlement at
the rate of one (1) day at the beginning of each of the first ten calendar
months.
An employee who has
completed one (1) year of continuous employment shall be credited with a
further ten days sick leave entitlement at the beginning of each subsequent
year on the anniversary of engagement.
13.2 Employees will be allowed a maximum of two
(2) days sick leave without a medical certificate. All sick leave beyond 2 days will require a medical certificate
for such leave to be paid their employer may agree to accept from the employee
a statutory declaration, stating that the employee was unable to attend for
duty on account of personal illness or injury in lieu of a medical
certificate. Nothing in this subclause
shall limit the employer’s rights under Clause 13.1(b) hereof.
13.3 Sick leave shall accumulate from year to
year so that any balance not used shall carry over to the following year. Sick leave may accumulate for a period not
exceeding ten (10) years.
13.4 If an employee is terminated by an
employer and is re-engaged by an employer within a period of six (6) months,
then the employee’s unclaimed balance of sick leave shall continue from the
date of re-engagement.
13.5 In such case the employee’s next year of
service will commence after a total of twelve months has been served from the
date of re engagement.
14.0 Annual Leave
14.1 Period of Leave
(a) Employees shall accrue annual leave at
the rate of 1.667 days for every month worked.
Provided that where
a rostered day off, as prescribed in Clauses 10.2 and 10.3 falls during the
period Annual Leave is taken, payment of accrued entitlements for such day
shall be made in addition to Annual Leave payments.
14.2 Method of Taking Leave
(a) Where an entitlement to annual leave
exists in accordance with Clause 14(1) such leave may be taken in such periods,
and at such times as agreed between the employer and the employee.
(b) Any request of annual leave (by the
employee) shall not be unreasonably refused.
In the event of lack of agreement between the parties the matter shall
be referred to a Board of Reference.
14.3 Proportionate Leave on Termination - Where
an employee has given five (5) working days or more continuous service (other
than a casual employee), inclusive of any agreed day off, and he/she either
leaves his/her employment or his/her employment is terminated by his/her
employer he/she shall be paid any untaken annual leave as defined in clause
14.1.
14.4 Broken Service - Where an employee breaks
his/her continuity of service by an absence from work without the permission of
the employer, the amount of leave to which he/she would have been entitled
under 16.1 and 16.3 hereof shall be reduced by one-forty eighth for each week
or part thereof during which any such absence occurs and the amount of payment
in lieu of leave to which one-twelfth of a week’s pay for each week or part
thereof during which any such absence occurs.
A reduction shall
only be made in respect of any absence where the employer informs the employee
in writing within fourteen (14) days of the absence.
14.5 Calculation of Continuous Service
The following shall
be included as time worked for the purpose of calculation of continued service:
(a) Illness or accident up to a maximum of
four (4) weeks after expiration of paid sick leave;
(b) Bereavement leave;
(c) Jury Service;
(d) injury received during the course of
employment and up to a maximum of 26 weeks for which he/she received worker’s
compensation;
(e) Where called up for military service for
up to three (3) months in any qualifying period;
(f) Long service leave;
(g) Any reason satisfactory to your employer
or in the event of a dispute to the appropriate Board of Reference.
14.6 Leave Payment
(a) Payment for Period of Leave - Each
employee, before going on leave, shall be paid in advance the wages which would
ordinarily accrue to him/her during the currency of leave.
(b) Annual Leave Loading - In addition to the
payment prescribed in paragraph (a) hereof an employee shall receive during a
period of annual leave a loading of 17.5% per cent calculated on the employees
hourly rate as defined in Appendix 2
(c) An Employee who is granted Annual leave
and receives payment subsequent to being transferred from the Construction Site
to another work location, is entitled to receive the benefits of this Agreement
in respect to the Employee’s service on the Project.
14.7 Prohibition of Alternative Arrangements
An employer shall
not make payment to an employee in lieu of his annual leave or any part
thereof.
15.0 Other Leave
15.1 Jury Service - An employee required to
attend for jury service shall be entitled to have his/her pay made up by his /
her employer to equal his/her ordinary pay as for eight (8) hours per day plus
fares whilst meeting this requirement.
The employee shall give the employer proof of such attendance and the
amount received in respect of such jury service.
15.2 Bereavement Leave
An employee shall
on the death within Australia of a wife, husband, father, mother, brother,
sister, child or step-child, mother-in-law, father-in-law, be entitled on
notice to leave up to and including the day of the funeral of such relation,
(or where made necessary because of travel arrangements, the day after the
funeral) and such leave shall be without deduction of pay for a period not
exceeding the number of hours worked by the employee in two (2) ordinary days
of work.
Proof of such death
shall be furnished by the employee to the satisfaction of his / her employer.
Provided that this
clause shall have no operation while the period of entitlement to leave under
it coincides with any other period of entitlement of leave.
For the purposes of
this clause the words "wife" and "husband" shall include a
person who lives with the employee as a defacto wife or husband.
Provided further
that, with the consent of the employer, which consent shall not be unreasonably
withheld, an employee shall, in addition to this entitlement to be paid
bereavement leave, be entitled to reasonable unpaid bereavement leave up to ten
working days in respect of the death within Australia or overseas of a relation
to whom the clause applies, and that any dispute as to the granting of unpaid
bereavement leave will be resolved in accordance with the disputes procedure of
this award.
16.0 Picnic Day
Picnic day shall be the first Monday in December. Employees will not be required to work
(except in a matter of emergency - in which case they will be paid according to
Public Holiday rates) and will be paid 7.6 hours ordinary wages only. Employees are required to provide the Picnic
Ticket Butt in order to be paid.
17.0 Parental Leave
Employees will be entitled to Parental Leave in accordance
with the Industrial Relations Act
1996.
17a. Personal/Carer's
Leave
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 sub-paragraph (ii) of paragraph (C), 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, provided for in Clause 13, Sick
Leave, of the award, 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 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 facto 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 sub-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.
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 Sub-Paragraph (ii) (c) of Sub-Clause 1who is ill.
3. ANNUAL LEAVE
(A) An Employee may
elect with the consent of the Employer, subject to the Annual Holidays Act
1944, 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 A of this Sub-Clause, 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 (5) consecutive annual leave days are
taken.
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 accordance with Paragraph (A) of this
Sub-Clause, 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 the said Paragraph (A), the employee shall
be paid overtime rates in accordance with the award.
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 the shift work rate which would have been
applicable to the hours taken off.
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 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 Union(s) to participate in negotiations.
Section D. Employee Benefits
18.0 Workers
Compensation and Sickness Benefits
Your Employer will
provide top-up insurance 24 hour 7 days a week accident cover with union
approved industry scheme.
19.0 Superannuation
19.1 Each employer
will contribute an amount of $55.00 per week for each employee. This contribution will increase to $60.00
per week on 01/01/2001.
19.2 The payment
will be made to a recognised industry scheme.
19.3 Should the
legislation require a contribution greater than the amount nominated in 14.1
then the greater amount will apply.
20.0 Redundancy
20.1 Each employee
will be entitled to receive a redundancy payment for each week of service of
$55.00 (paid to A.C.I.R.T.). This
contribution will increase to $60.00 per week on 01/01/2001.
Section E. Issue
Resolution
21.0 Inclement Weather
21.1 The parties
will adopt a reasonable approach with respect to inclement weather procedures
and what constitutes ‘inclement weather’.
The object is to minimise lost time due to inclement weather and the
purpose of this Clause is to establish common procedures so that the welfare
and safety of Employees is respected and work can continue in an orderly
fashion during periods of inclement weather.
Employees will accept transfers from an exposed work area to a work area
not affected by inclement weather if useful work is available within the scope
of the Employee’s skill, competence and training.
21.2 During and
after periods of inclement weather the Barclay Mowlem Project Manager, after
consultation with the Safety Committee or employee safety representative, will
determine any steps necessary to ensure that work can continue in a safe
manner. In all cases, priority will be
given to ensuring that a safe workplace is provided and safe systems of work
are used. Nothing in this procedure
will negate or contradict the rights of the safety committee under the terms of
the Occupational Health and Safety Act.
21.3 Remaining on
Site - Where, because of wet weather, the employees are prevented from working:
(i) For more than
an accumulated total of four hours of ordinary time in any one day; or
(ii) After the
meal break, as provided in clause 14, for more than an accumulated total of 50%
of the normal afternoon work time; or
(iii) During the
final two hours of the normal work day for more than an accumulated total of
one hour, the employer shall not be entitled to require the employees to remain
on site beyond the expiration of any of the above circumstances.
Provided that where, by agreement between, the employer and
/ or his / her representative and the employees’ representative the persons
remain on site beyond the periods specified above, any such additional wet time
shall be paid for but shall not be debited against the employees hours.
Provided further that wet time occurring during overtime
shall not be taken into account for the purposes of this sub-clause.
21.4 Rain at
starting time - Where the employees are in the sheds, because they have been
rained off, or at starting time, morning tea, or lunch time, and it is raining,
they shall not be required to go to work in a dry area or to be transferred to
another site unless:
(1) The rain
stops; or
(2) A covered
walkway has been provided; or
(3) The sheds are
under cover and employees can get to the dry area without going through the
rain; or
(4) Adequate
protection is provided. Protection shall, where necessary, be provided for the
employee’s tools.
Provided that, for the purposes of this clause, a "dry
area" shall mean a work location that has not become saturated by rain or
where water would not drip on the employees.
Consistent with the provisions of this Award, employees are
not to leave the job without the approval of the Project Manager.
22.0 Dispute
Prevention Procedures
22.1 The Parties to
this Award agree to facilitate the constructive and speedy resolution of any
issue of concern at the workplace and recognise that this commitment is
critical to maintaining harmonious relations between Barclay Mowlem and its
Employees and to ensure that the Client and Barclay Mowlem achieve the
completion of the job within the specified time and cost.
22.2 If an Employee has a grievance
arising out of his or her employment with the employer, the Employee may notify
the Supervisor of the substance of the grievance, request a meeting with that
person and state the remedy sought. The
Employee may request an Employee member of the consultative Committee to be
present at the meeting.
22.3 If the matter
is not resolved by the Supervisor, the Employee may request that the Supervisor
refer the grievance to the Project Manager.
Where appropriate or deemed necessary, the Employee may elect to seek
the assistance of his/her workplace delegate and designated area Union
organiser.
22.4 If the matter
is still not resolved, the Employee may request the Project Manager to refer
the grievance to the State Manager and the relevant Union Secretary or nominee.
22.5 If the matter
is not resolved at this stage the Labor Council of NSW shall be requested to
become involved.
22.6 If the above
process does not resolve the grievance either of the parties may refer the
grievance to the NSW Industrial Relations Commission for determination, whose
determination shall be binding on the Parties.
22.7 Whilst the
above procedures are being carried out, work will continue as it did prior to
the grievance arising. Neither party
shall be prejudiced as to final settlement by the continuation of work in
accordance with this clause.
23.0 Procedure for
Settling Disagreements Over Safety Issues
23.1 Where a safety problem exists, work shall
cease only in the affected area. Work
shall continue elsewhere unless access to safe working areas is unsafe. However, any problem of access shall be
immediately rectified and Employees/workers will use any alternate safety
access to such safe working areas while the usual access is being rectified.
23.2 Should a particular project be in dispute
on the basis that the whole project is thought to be unsafe, the following
procedures shall apply:
• Employees shall not leave the site.
• Immediate inspection of the project
involving both Barclay Mowlem and Employee representatives of the site Safety
Committee shall take place.
• Barclay Mowlem will nominate in
consultation with the safety committee the Order of priority the work areas to
be inspected by the Safety Committee.
• The inspection shall identify the
safety rectification work needed to take place in each work zone.
• As zones are agreed for
rectification, all employees/workers who can be gainfully employed shall
immediately commence rectification works.
• Upon verification that such
rectification has been completed, productive work will resume. Such resumption of work shall take place
progressively as each work area has been cleared.
Should any dispute
arise then the Project Manager will immediately call a Work Cover Inspector to
assist on the procedures required for rectification.
24.0 Employee
Warnings
24.1 Where a
misdemeanour occurs, the employee will be given a verbal warning (first
warning) by management in the presence of an employee representative of the
Consultative Committee, or a union delegate.
24.2 If, after the
first warning, the problem continues the employee will be given a written
warning (second warning) detailing the behaviour which need to be improved or
changed.
24.3 After receiving
this warning, if the employee repeats the event or behaviour within a period of
three (3) months, then the employee will be terminated.
24.4 If during the
above three (3) months period the employee does not repeat the behaviour which
produced the need for the final warning, the final warning advice becomes null
and void and cannot be considered grounds for termination.
24.5 The above
procedure shall not be adopted in cases of summary dismissal.
Section F. Miscellaneous
25.0 Time Records
25.1 Employers shall
keep a record of the following:
(a) The name of
each employee and his/her classification and rate of pay.
(b) The hours
worked each day.
(c) The gross
amount of wages and allowances paid.
(d) The amount of
each deduction made and the nature thereof.
(e) The net amount
of wages and allowances paid.
(f) The Workers
Compensation Policy or other satisfactory proof of insurance such as a renewal
certificate.
(g) Any details of
taxation deductions and remittances to the Australian Taxation Office,
including those payments made as PAYE Tax, whether under a Group Employer’s
Scheme or not.
(h) A certificate
or other documentation from the State Long Service Leave Board or Authority
which will confirm the employer’s registration, the date of the last payment,
and the period for which that payment applies (where such documentation is
available under State Legislation).
(i) Superannuation
and Redundancy Scheme contributions.
(j) Employees 24
hour sickness and accident policy.
25.2 All records and
documentation referred to in the above clause, or copies thereof, shall be
available for inspection by a duly accredited official of an organisation bound
by this agreement in accordance with the terms of Industrial Relations Act 1996.
26.0 Working Away from Home
26.1 Entitlement
26.1.1 The
employer shall provided a distant worker with reasonable board and lodging at
no cost to the employee or pay the living away form home allowance contained in
the contractor’s parent award when employed on the construction site at such
distance from the employee’s usual place of residence that the employee cannot
reasonably return each night.
It shall be considered impractical where the
distance travelled exceeds 100km (by the shortest practical route) from the
project to the usual place of residence.
An employee who works until or beyond 6pm
(E.S.T) or (7pm Daylight Saving Time) and who resides between 50klm and 100klm
shall be provided with reasonable board and lodging (or 1/7th of the L.A.F.H.A)
for those such days.
26.1.2 The
employer shall provide an itinerant worker acceptable board and lodging at
reasonable cost - (caravan allowance of $140.00 per week or $20.00 per day or
the cost of the caravan site whichever is the greater).
26.2 Procedure
26.2.1 The
employer shall advise applicants for employment of their entitlement under this
clause at the time of the interview.
26.2.2 The
employer shall determine whether the employee is correctly defined as a
"distant worker", "itinerant worker" or "local
worker". The appropriate
definition shall be shown on the employer’s records when the employee completes
the (Application Form) made at the pre employment interview.
26.2.3 An
employer shall not, under any circumstances, attempt to persuade or induce
applicants for employment to provide a local address as the usual place of
residence in an effort to avoid the employer’s obligations under this clause.
26.3 Disputes
Disputes, arising form application of this
clause will be subject to resolution in accordance with Clause 22 herein. In the event of a dispute all relevant
documentation will be made available to the Tribunal dealing with this matter.
26.4 Rest
and Recreation
26.4.1 For projects
accessible by road or rail;
After each two (2) months continuous service on the distant
project, employees taking an agreed two (2) days paid leave, (which will be
deducted from the employees annual leave entitlements). The employer will
reimburse the value of a return fare from the project location to the
employee’s usual place of residence upon provision of the appropriate
receipts. Reimbursement will be in the
first pay week on return to the project.
Travel will be in non-working time.
26.4.2 For projects
that are accessible only by air
transport.
After each two (2) months continuous service on the distant
project and the employee taking an agreed two (2) days paid leave (which will
be deducted from the employees annual leave entitlements), The employer will
reimburse the value of a return economy class air fare from the project
location to the employee’s usual place of residence. Reimbursement will be in the first pay week on return to the
project. Travel will be in non-working
time.
There will be no accrual of entitlements for these
provisions.
26.5 Weekend Return
Home
An employee who works as required during the ordinary hours
of work on the working day after a weekend and who notifies the employer, no
later than Tuesday of each week, of his/her intention to return to his/her
usual place of residence at the weekend and who returns to his/her usual place
of residence for the weekend, shall be paid an allowance of $24.10 for each
occasion.
It shall be considered impractical distance travelled
exceeds 100km (by the shortest practical route) from the project to the usual
place of residence.
27.0 Protective Clothing
27.1 Mandatory
Equipment - All employees engaged to work on site will be
supplied with appropriate safety footwear and safety helmets before commencing
work on a project.
These items must be worn at all times as instructed during
the site induction process. Helmets
must not be painted, drilled or modified in any way. Damaged and/ or worn footwear and helmets will be replaced on a
fair wear and tear basis.
27.2 Job - Related Equipment - The Company will supply the
following protective equipment/materials for use on specific work tasks:
Factor 15+ protective sunscreen;
Hearing protection;
Eye protection;
Gloves;
Safety harnesses;
Gumboots;
Hat Brims;
Dust Masks
In addition, one (1) pair of UV-rated safety glasses which
conform to AS 1337 will be provided to employees who are required to work on
reflective surfaces outdoors. Glasses
will be replaced on a fair wear and tear basis.
27.3 Clothing Issue - Australian made protective clothing
of available will be available to all employees at the completion of 152 hours
period with the project. The protective
clothing will be:
(1) 2 shirts and 2
pairs of trousers; or
(2) 2 shirts and 2
pairs of shorts; or
(
3) 2 shirts and 2
pairs of bib and brace overalls
Plus 1 warm water resistant jacket. Electricians will be issued with a wool
jacket in lieu there of.
28.0 Employee
Representative
28.1 An employee elected as an Employee
Representative shall be recognised as the accredited representative of the
employees on the project and be allowed all necessary time during working hours
to attend and submit to their employer, matters affecting the employees he/she
represents. Provided that the foregoing
does not relieve the Employee Representative of the obligation imposed upon
him/her by his/her employer.
28.2 Prior to termination or transfer of any
employee representative two (2) days notice shall be given to any Employee
Representative and the union if the Representative is a member of the
union. Payment in lieu of notice shall
not be given. In the event of the union
disputing the decision of Management to transfer or terminate the Employee
Representative or terminate his/her service the matter shall be resolved in
accordance with the Disputes Settlement procedure of this Award.
29.0 Mixed Functions
An employee engaged
for more than 4 hours during one day on duties carrying a higher rate then
his/her ordinary classification shall be paid the higher rate for such
day. If for 4 hours or less during one
day, he/she shall be paid the higher rate for the time so worked.
30.0 Trade Union Training
30.1 Subject to all qualifications in this
clause, an employee appointed or elected as an Employee Representative of a
union, (party to this agreement) to which he/she belongs shall, upon
application in writing to the employer, be granted up to five (5) days non-cumulative
leave with pay each calendar year to attend courses conducted or approved by
the Australian Trade Union Training Authority.
30.2 The following scale shall apply:
No. of employees covered by this agreement
|
Max. no. of employee representatives to
attend per year
|
Max. no. of days permitted per year
|
up to 15
|
1
|
5
|
16-30
|
2
|
10
|
31-50
|
3
|
15
|
51-100
|
4
|
20
|
101 and over
|
5
|
25
|
30.3 The application for leave shall be given
to the employer at least six (6) weeks in advance of the date of commencement
of the course. The application for
leave shall provide the following details:
(i) The name of the employee seeking the
leave;
(ii) The period of time for which the leave
is sought (including course dates and the daily commencing and finishing
times); and
(iii) The title, general description and
structure of the course to be attended and the location of where the course is
to be conducted.
30.4 The employer shall advise the union within
seven (7) clear working days (Monday to Friday) of receiving the application as
to whether or not the application for leave has been approved.
30.5. The time of taking leave shall be arranged
so as to minimise any adverse effect on the employer’s operations. The onus shall rest with the employer to
demonstrate an inability to grant leave when an eligible employee is otherwise
entitled.
30.6 An employer shall not be liable for any
additional expenses associated with an employee’s attendance at a course other
than the payment of ordinary time earnings for such absence. For the purpose of this clause ordinary time
earnings shall be defined as the relevant Agreement classification rate plus
supplementary payments, shift work loadings where relevant plus productivity
target payments where applicable.
30.7 Leave rights granted in accordance with
this clause will not result in additional payment for alternative time off to
the extent that the course attended coincides with an employee’s day off in the
19-day month work cycle or with any concessional leave.
30.8 An employee on request by Barclay Mowlem
shall provide proof of their attendance at all times within seven (7)
days. If an employee fails to provide
such proof, the employer may deduct any amount already paid for attendance from
the next week’s pay or from any other moneys due to the employee.
30.9 Where an employee is sick during a period
when leave pursuant to this clause has been granted, proof of attendance at the
course is not required for that period and the employee shall receive payment,
if entitled under the provisions of Clause 13 of this Award.
30.10 Any dispute as to any aspect of the
operation of this clause, shall be resolved in accordance with the dispute
settlement procedure of this award.
31.0 Compensation for Clothes and Tools
(1) An employee whose clothes, spectacles,
hearing aids or tools have been accidentally spoilt by acid, sulphur or other
deleterious substances, shall be paid such amount to cover the loss thereby
suffered by him/her as may be agreed upon between him/her and his/her employer
or, in default of agreement, as may be resolved in accordance with the disputes
settlement procedure.
(2) (a) An
employee shall be reimbursed by their employer to a maximum of $1,087.00 for
loss of tools or clothes by fire or breaking and entering whilst securely
stored at their employer’s direction in a room or building on their employer’s
are lost or stolen while being transported by the employee at their employer’s
direction, or if the tools are accidentally lost over water or if tools are
lost or stolen during an employee’s absence after leaving the job because of
injury or illness.
Provided
that an employee transporting his/her own tools shall take all reasonable care
to protect those tools and prevent theft or loss.
(b) Where an employee is absent from work
because of illness or accident and has advised their employer in accordance
with clause 13, Sick Leave, their employer shall ensure that the employee’s
tools are securely stored during his absence.
(3) When their employer requires an employee
to wear spectacles with toughened glass lenses their employer will pay the cost
of the toughening process.
(4) Provided that for the purposes of this
clause:
(a) Only tools used by the employee in the
course of his employment shall be covered by this clause.
(b) The employee shall, if requested to so,
furnish their employer with a list of tools so used.
(c) Reimbursement shall be at the current
replacement value of new tools of the same or comparable quality.
(d) The employee shall report any theft to
the police prior to making a claim on their employer for replacement of stolen
tools.
32.0 Anti - Discrimination
(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. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
step 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 the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its term or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or any make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party tot
his award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities o the adherents of that religion."
33.0 Meetings of Employees to Discuss Award & Related Issues
One hour per month
shall be allowed to employees during ordinary working time to discuss matters
related to the operation of this award and/or other related issues, including
matters relating to the employee’s union.
This meeting shall commence as near as practicable one hour prior to the
normal lunch break observed by the majority of contractors employees engaged on
the project site on a day agreed between the Project Manager and employee
representatives engaged on the Project Site.
Once established, no alteration is to be made to the scheduled date
unless otherwise agreed.
Such meetings shall
only proceed where a party to this award with members on site confirms to the
Project Manager their desire to conduct a meeting at least two (2) days prior
to the scheduled date.
Any time lost
during ordinary working hours by attendance at unauthorised meetings shall not
be paid and shall be deducted against the one hour allowance.
34.0 Union Membership
To the extent that
the appropriate legislation permits, contractors and sub-contractors shall give
favourable consideration to the employment of financial members of the
appropriate union respondent to this Award.
Union membership
shall not of itself in any way limit the operation of Clause 9 of the Award
with respect to the duties of any employee.
35.0 No Extra Claims
Commitment
No claims for wages and conditions in excess of this Award
during its period of operation will be made.
36.0 On site
Register
The
Project Manager will require that all contracts with Contractors include the
following terms and conditions:
(a) That all sub-contractors shall in
writing; and
(b) That this award shall form part of the
conditions of such contracts, and bind all such contractors and sub-contractor;
and
(c) That sub-contractors will be required to
meet all statutory, award and legal obligations for their employees.
(d) That there shall be no ‘pyramid
subcontracting, all in payments, or cash in hand’. Should any suspected
deviation from he foregoing be found exist, the union concerned will notify the
contractor and the Project Manager immediately for investigation. If found to
be correct, such deviation will be stopped immediately, rectified and all and
statutory entitlements shall be paid.
The
Project Manager shall instruct each contractor to keep, on site a register
containing information of every employer and employee engaged on the site. Each contractor shall supply a copy to the
Project Manager. The Register shall
contain the following:
36.1 From employees - Prior to commencing work
on site employees must provide and certify as correct to their employer, who
will provide to the Project Manager, the following information:
(a) Name and address of Employee
(b) Classification and Certificate details
(c) Induction date
(d) Start Date on Construction Site
(e) Union and ticket number (where
applicable and if voluntarily provided)
(f) Superannuation scheme name and employee
number
(g) Long Service Leave Number
(h) CTAS Number
Failure
to comply with this clause may result in employees being removed from the
Project.
36.2 From employers - Prior to commencing work
on site employers must provide and certify as correct and current the following
information to the Project Manager:
(a) Registered business name and address of
employer and CAN number
(b) Workers Compensation Policy Number,
Underwriter and Currency Certificate
(c) Public Liability Policy Number,
Underwriter and Currency Certificate
(d) Superannuation Fund Name and employer
number
(e) Long Service Leave employer number
(f) Redundancy, Trust name and employer
number
(g) Travel and / or living away from home
declaration
(h) CTAS Number
Failure
to comply with this clause may result in persons being removed from the
Project.
37.0 Definitions
"Award" means The Barclay Mowlem
Engineering Construction Group (NSW) Bayswater Colliery Construction Project
Consent Award, 2000 - 2001
"Base Date" means the date of
signing of this Award.
"Caravan allowance" means the
allowance provided where an employee resides in a caravan because it is
impractical for the employee to return from the project to their usual place of
residence.
"Casual Employee" means an
employee engaged for a period of not exceeding 8 weeks (exclusive of
overtime). Such employees will be paid
a 20% loading in lieu of annual leave, sick leave and Public Holidays.
"Client" means a third party with
which Barclay Mowlem contracts.
"Consultative Committee" means the
Project Consultative Committee, where applicable.
"Distant Work" means working at a
location where it is impractical to return daily to your usual place of
residence as outlined in Clause 26.1.1 of this Award.
"Electrical Certificate" is an
Electrical Mechanics Certificate issued by the Electrical Workers’ and
Contractors Board, or its equivalent, as a result of additional
responsibilities by an employee for testing and connecting their own work.
The additional skills payment shall not
apply in whole or in part to any person, until that person completes an
apprenticeship or other equivalent training course.
"Electrical instrument fitter’ means a
tradesperson, not necessarily an electrical fitter, who is required to design,
test and / or repair and maintain electrical and / or electro-pneumatic
measuring and or recording appliances and / or scientific instruments,
electrical instruments.
"Electrical Special Class" shall
mean an employee holding an electrical licence, who is engaged on complex and /
or intricate circuitry, the performance of which work requires the use of
"additional knowledge" as defined.
For the purpose of this definition
"additional knowledge" means knowledge in excess of that gained by
the satisfactory completion of the appropriate technical college trade course
which has been acquired by the employee by virtue of their:
(a) having
had not less than two years on the job experience as a tradesperson working
mainly in such complex and / or intricate circuitry as will enable them to
perform such work unsupervised where necessary and practicable; and
(b) having,
by virtue of either the satisfactory completion of a prescribed post-trade
course in industrial electronics or the achievement of a comparable standard of
knowledge by other means including the on the job experience referred to in
provision (a) hereof, gained a sufficient comprehension of such complex or
intricate circuitry work as will enable the employee to examine, diagnose and
modify systems comparising inter-connected circuits.
For the purpose of this definition the
following courses are deemed to be prescribed post-trade courses in industrial
electronics:
(i) Industrial
Electronics (Course "C") of the Department of Education, Queensland.
(ii) Post
Trade Industrial Electronics Course of the NSW Department of Technical
Education.
(iii) The
Industrial Electronics Course (Grades 1 & 2) as approved by the Education
Department of Victoria.
(iv) The
Industrial Electronics Course of the South Australian School of Electrical
Technology.
(v) The
Industrial Electronics Course of the Technical Education Department of
Tasmania.
(vi) The
Certificate in Industrial Electronics of the Technical Education Division of
the Western Australian Educational Department.
"Electronics Tradesperson" means
an electrical tradesperson who is engaged in applying his/ her knowledge and
skills to the task of installing, repairing, maintaining, servicing, modifying,
commissioning, testing, fault fining and diagnosing of various forms of
machinery and equipment which are electronically controlled by complex digital
and / or analogue control systems using integrated circuitry. The application of this skill and knowledge
would require an overall understanding of the operating principles of the
system and equipment on which the tradesperson is required to carry out his /
her tasks.
To be classified as an electronics
tradesperson, a tradesperson must have at least three (3) years on the job
experience as a tradesperson in electronic systems utilising integrates
circuits and in addition must have satisfactorily completed a post trades
course in electronics equivalent to at least two (2) years’ part time study.
In addition, to be classified as an
electronics tradesperson, a tradesperson must be capable of:
(a) maintaining
and repairing multi-function printed circuitry using circuit diagrams and test
equipment.
(b) Working
under minimum supervision and technical guidance.
(c) Providing
technical guidance within the scope of the work described in this definition.
(d) Preparing
reports of a technical nature on specific tasks or assignments as directed and
within the scope of the work described in this definition.
"Employees" means persons engaged
on wages by Barclay Mowlem or other Project Contractors who are members or
eligible to become members of the Signatory Unions to this agreement.
"Engineering Construction Group
(NSW)" is a separate business unit within Barclay Mowlem.
"Instruments" involving
installing, (including the installing of inter connecting instrumentation
wiring, not prohibited by the Electricity
Act 1976 - 1990 or hydraulic or pneumatic instrumentation tubing),
repairing, maintaining, and servicing industrial instruments and control
systems, including instruments and systems utilising integrated circuits.
An employee at this level will have
completed an apprenticeship, the greater part of which involved industrial
instrumentation, or alternatively can demonstrate a knowledge and understanding
of industrial instrumentation and can apply that knowledge and understanding to
the tasks assigned by the Employer. The
required knowledge and understanding would have been gained by undertaking a
formal training course run by a State Education Department or Technical
Education Department or its equivalent or by at least 12 months on the job
experience performing instrument work.
"Instruments - Complex Systems"
Means an employee who is mainly engaged in installing, repairing, maintaining,
servicing, testing, modifying, commissioning calibrating and fault finding
instruments which make up a complex control system which utilises some
combination of electrical, electronic, mechanical, hydraulic and pneumatic
principles, including work on complex digital and / or analogue control systems
utilising integrated circuits.
To be classified at this level an employee
will have:
(a) Had
a minimum of two years on the job experience working predominant on complex and
/ or intricate instruments and instrument systems, as will enable them to
perform such work under minimum supervision and technical guidance; and
(b) Satisfactory
completed an appropriate post trade course equivalent to at least two years
part time study or has achieved to the satisfaction of the employer, a
comparable standard of skill and knowledge by other means including in-house
training or on the job experience referred to in (a) above.
"Instrumentation and Controls"
means an employee working mainly at a level defined as Instruments Complex
Systems and who is mainly engaged in applying skills and knowledge to
installing, repairing, maintaining, servicing, testing, modifying,
commissioning, calibrating and fault finding industrial instruments which make
up a complex control system which utilises some combination of electrical,
mechanical, hydraulic and pneumatic principles and electronic circuitry containing
complex analogue and / or digital control systems utilising integrated
circuitry.
The application of this skill and knowledge
would require an overall understanding of the operating mode or principles of
the various types of measurement and control devices on which the employee is
required to perform tasks. To be
classified at this level a employee must have at least three years relevant on
the job experience - 12 months of which must have satisfactorily completed a
related post-trades course equivalent to at least two years part time study.
In addition, to be classified at this level,
a employee must be required as part of their duties to:
(a) Maintain
and repair multi-function printed circuitry of the type described in this
definition suing circuit diagrams and test equipment;
(b) Work
under minimum supervision and technical guidance;
(c) Provide
technical guidance to other employees or to management within the scope of the
work described in this definition; and / or
(d) Prepare
reports of a technical nature on specific tasks or assignments as directed and
within the scope of the work described in this definition.
"Itinerant Worker" means an
employee with no fixed address.
"Local Worker" means an employee
whose usual place of residence is within the local area, in accordance with
clause 27.1.1 and where 27.2.1 and 27.2.2 do not apply.
"Living Away from Home Allowance"
means an allowance payable weekly. Such
allowance shall not be wages, provided that in the case of broken parts of a
week occurring at the beginning or end of employment, the allowance shall be
divisible by, seven (7).
"Management" means staff persons
engaged by Barclay Mowlem or other Project Contractors in a management
capacity.
"Mechanical Tradesperson - Special
Class" means a mechanical tradesperson who is mainly engaged in any
combination of installing, repairing and maintaining, testing, modifying,
commissioning or fault finding on complex machinery and equipment which
utilises hydraulic and / or pneumatic principles and who, in the course of such
work, is required to read and understand hydraulic and / or pneumatic circuitry
which controls fluid power systems.
To be classified as Mechanical Tradesperson
- Special Class a tradesperson will have:
(a) Had
minimum of two (2) years on the job experience working predominantly on fluid
power systems as will enable the tradesperson to perform such work under
minimum supervision and technical guidance;
and
(b) Satisfactory
completed a prescribed post trades course or the achievement, to the
satisfaction of the employer of a comparable standard of skill and knowledge by
other means including in-plant training or on the job experience referred to in
(a) above.
For the purpose of this definition:
(aa) "mainly engaged" means regularly
over a period or intermittently during a week;
(bb) the
following courses are deemed to be prescribed post trade courses.
"Parties" means the Parties to
this Award.
"Project RDO Schedule" means a
schedule of dates which may vary from time to time on which AMW Project will
take RDO’S.
"Plant" includes rollers, screen
plants, off highway earthmoving plant, pugmills, concrete pumps, crushers,
forklifts, trenchers, water carts, backhoes, F.E.L. cranes, concrete pavers.
"Reasonable board and lodging"
means lodging in a well kept establishment with three (3) adequate meals each
day, adequate furnishings, good bedding, good floor coverings, good lighting
and heating and with hot and cold running water, in either a single room or
twin room if a single room is not available.
"Special Class Welding" Welding to
the satisfaction of the Division of Workplace Health and Safety to the
requirements of any of the following; As 1796 Certificate 1-9 and who is
engaged on work requiring such qualification.
"Tested Welding" Welding to the
standard of the qualification lists specified by the manufacturer of the
relevant machinery, such tests generally being in accordance with the
standards, nominated by such manufacturer, and who is engaged on work requiring
such qualification.
"Unions" means these unions who
are affiliates of the Labor Council of NSW and who are signatories to this
agreement.
"Usual Place of Residence"
(a) The
employee shall provide on the application for employment form their usual place
of residence. This address will determine the employee’s applicability under
this clause.
(b) The
employee’s usual place of residence and not the place of employment shall
determine the applicability of this clause.
(c) An
employee shall notify the employer in writing of any subsequent change to his
usual place of residence. No subsequent
change to an employee’s usual place of residence shall entitle an employee to
the provisions of this Clause, unless the employer agrees.
APPENDIX A - WAGE RATES AND DATE OF APPLICATION
(a) Rates of pay
Group
|
AA
|
A
|
B
|
C
|
D
|
E
|
Current
|
$21.00
|
$20.00
|
$19.40
|
$19.00
|
$18.20
|
$17.60
|
1/12/2000
|
$21.53
|
$20.50
|
$19.89
|
$19.48
|
$18.68
|
$18.04
|
1/6/2001
|
$22.06
|
$21.01
|
$20.38
|
$19.96
|
$19.63
|
$18.49
|
Group AA
Mechanical Tradesperson - Special Class
Mobile Cranes over 70 tonnes (add 5c per hour for every 5
tonnes in excess of 90 tonnes).
Welder Special Class
Mechanical Plant Operators Group F, G and H as follows:
Operator of Tractor form 370kw (500hp) up to but not
exceeding 450kw (600hp)
Dragline / Shovel Excavator from 3.0 cubic metres
Dumper from 100 tonnes struck capacity
Loader front end and overhead, from 370kw (500hp) up to but
not exceeding 450kw (600hp)
Side Boom / Pipe Layer from 220kw (295hp)
Operator of Tractor from 450kw (600hp)
Tower crane
Group A - 100%
All Tradespersons, including Mechanical Tradespersons
Welder Tested
Transport Workers Grade 6,7 and 8
Mobile Crane Operator lifting capacity 40 tonnes but not
exceeding 70 tonnes.
Mechanical Plant Operators Group C, D and E as follows:
Operator of Tractor from 48kw (65hp) up to but not exceeding
370kw (295hp)
Loader front end and overhead from 48kw up to but not
exceeding 370kw (500hp)
Dragline / Shovel / Excavator up to 3.0 cubic metres
capacity
Dumper up to but not exceeding 100 tonnes
Grader
Compactor from 48kw (65hp)
Skid Steer Tractor form 48kw (65hp)
Forklift from 48kw (65hp) up to but not exceeding 95kw
(130hp)
Floating Crane over but not exceeding 20 tonnes
Other Cranes over 15 tonnes and not exceeding 20 tonnes
Excavator hydraulic telescopic boom type
Forklift form 95kw (130hp) up to but not exceeding 220kw
(295hp)
Side Boom / Pipe Layer not exceeding 220kw (295hp)
In addition to performing any duties within group A (subject
to capability), employees in this Group will perform any of the duties of Group
E, D, C or B provided such duties are:
• Within the
skills, competence, qualifications and training of the employee concerned, and;
• Consistent
with occupational health and safety and statutory requirements; and
• Related to
the contract work of the employer and incidental to the employee’s substantive
role.
Group B - 97%
Concrete Pump Operator
Batch Plant Operator / Weigher and Batcher
Greaser - field service truck
Transport Worker, Grade 4 and 5
Cable joiner
Mobile Crane Operator lifting capacity up to 40 tonnes.
Mechanical Plant Operators Group B as follows:
Operator of Tractor up to but not exceeding 48kw (65hp)
Skid Steer Tractor up to but not exceeding 48kw (65hp)
Compactor up to but not exceeding 48kw (65hp)
Forklift up to but not exceeding 48kw (65hp)
Mobile Crane up to but not exceeding 10 tonnes
Floating Crane up to but not exceeding 10 tonnes
Other Crane over 5 tonnes and not exceeding 15 tonnes
Road Roller
Road Sealing and Surfacing Plant
In addition to performing any duties within Group B (subject
to capability), employees in this Group will perform any of the duties of Group
E, D or C, provided such duties are:
• Within the
skills, competence, qualifications and training of the employee concerned, and;
• Consistent
with occupational health and safety and statutory requirements; and
• Related to
the contract work of the employer and incidental to the employee’s substantive
role.
Group C - 95%
Group 3 and 4 (AWU Labourers) and Group 1 and 2 (CFMEU
Labourers)
Bituminous Spray Operators
Rigger
Steelfixer / Concrete Finisher
Sheet metal Worker - 2nd class
Dogman / Crane Chaser
Scaffolder
Driller Operator - shot drilling machine
Driller’s Assistant
Transport Workers, Grade 1, 2 and 3
Powder Monkeys
Mechanical Plant Operators Group A as follows:-
Air Compressor Operators
Electric Motor Attendants
All winch Drivers
Service People
Operators of other cranes
£ 5 tonnes
Rail Worker grade 3
In addition to performing any duties within Group C (subject
to capability), employees in this Group will perform any of the duties of Group
E, or D, provided such duties are:
• Within the
skills, competence, qualifications and training of the employee concerned; and;
• Consistent
with occupational health and safety and statutory requirements; and
• Related to
the contract work of the employer and incidental to the employee’s substantive
role.
Group D - 91%
Group 2 (AWU Labourer including AWA Storeperson) and Group 3
(CFMEU Labourers)
Concrete Formwork Stripper
Jackhammer Man
Crane Chasers (engaged in loading and unloading and/or on
work associated with storage areas)
Laboratory Labourers
Concrete Cutter
Dump Cart Operator
Rail Worker Grade 2
Lagger
In addition to performing any duties within Group D (subject
to capability), employees in this Group will perform any of the duties of Group
E provided such duties are:
• Within the
skills, competence, qualifications and training of the employee concerned, and;
• Consistent
with occupational health and safety and statutory requirements; and
• Related to
the contract work of the employer and incidental to the employee’s substantive
role.
Group E - 88%
Tradesmen’s Assistants
Survey Field Hands
Group 1 (AWU Labourer)
Turfing, Cutting, laying Labourer
Dresser and Grinder
Cold Saw Operator
Storesperson
Rail Worker Grade 1
Employees in this Group will perform any of the duties of
Group E provided such duties are:
• Within the
skills, competence, qualifications and training of the employee concerned, and;
• Consistent
with occupational health and safety and statutory requirements; and
• Related to
the contract work of the employer and incidental to the employee’s substantive
role.
Other classifications of labour may be included in this
Clause following discussions and agreement between the appropriate parties to
this Agreement.
The rates of pay set out in this Appendix (A) are inclusive
of amounts in lieu of over award payments, Industry Allowance, Construction
Allowance, Fares and travelling (excluding excess fares where applicable) and
Site Disability payments such as space, height, dirt, etc, award special rates
such as confined space, wet work, etc follow the job loadings, compensation for
travel pattern mobility requirements, etc., inclement weather, wind, dust,
etc., but exclude those allowances contained separately under this Award.
Appendix B -
Consultative Committee Constitution
1. Name -
The Committee will be known as the Project Consultative
Committee.
2. Objectives -
The objectives of the Consultative Committee are:
(i) To implement
the Enterprise Agreement for Barclay Mowlem Resource Engineering Group.
(ii) To maximise
the involvement of all Barclay Mowlem Resource Engineering Group employees and
management in implementing the Agreement.
(iii) To monitor
the Agreement so that it improves the competitiveness and quality performance
of Barclay Mowlem Resource Engineering Group and delivers improved benefits to
its workforce.
3. Reporting
Requirements -
All Consultative Committee members are required to
communicate and consult with the workforce and management and to canvass
opinions and suggestions to ensure full participation and commitment.
4. Structure -
4.1 The membership
of the Committee will be made up of:
(a) Up to three (3)
employees’ representatives elected from a cross section of the project. Each employee representative shall nominate
a proxy to attend when they are not available.
(b) Up to three
(3) management representatives.
4.2 All decisions
of the Committee will be reached by consensus.
5. Office
bearers and Their Role -
5.1 Chairperson -
The chairperson shall be a member of the Committee and shall
have the same voting rights as other Committee members. The position of Chairperson will rotate
every meeting between management and an employee representative by agreement of
the Committee.
5.2 Chairperson’s
duties are:
(a) To be familiar
with the agenda and come to the meeting prepared.
(b) To liaise with
the Committee Secretary in preparing for the meeting.
(c) To open the
meeting and follow the agenda.
(d) To maintain
meeting order by encouraging participation and leading the meeting.
(e) To ensure that
if the pervious minutes require amendments prior to their confirmation that
these alterations are made prior to signing the minutes.
(f) To allow all
members of the Committee to put their point of view.
(g) To close the
meeting and make known the date, time and place of next meeting.
(h) To liaise with
the Secretary after the meeting and prepare the minutes of the meeting.
5.3 Secretary -
A secretary shall be allocated to the Committee to:
(a) draw up and
issue agendas.
(b) record minutes
of meetings and distribute them.
(c) receive and
record correspondence.
(d) arrange typing
and photocopying services.
6. Meetings
Meetings shall be held as frequently as decided necessary by
the Committee or when specially convened by the Chairperson.
7. Quorum
The quorum shall be four (4) members of the Consultative
Committee.
8. Agenda
The agenda is to be prepared and distributed by the
Secretary to all Committee members at least five (5) working days prior to
meetings. Any Committee member may
submit agenda items.
Issues of importance, but not noted on the finalised agenda,
can be raised at the meeting and discussed at the meeting by agreement of the
Committee.
9. Recording of
Minutes
Minutes shall be circulated to Committee members for
verification prior to posting on the notice boards. Every effort shall be made to have the minutes publicised within
ten (10) working days of the meetings.
The minutes shall include:
(a) attendance at
the meeting
(b) summary of
issues discussed
(c) decisions
made, the time frame for implementation of decisions and who is responsible for
acting on the decision
(d) time frame for
consideration of deferred decisions
(e) all those in
attendance agree to respect the confidentiality of commercially sensitive
information disclosed at the meeting.
B. W.
O'NEILL, Commissioner.
___________________
Printed by the authority of the Industrial Registrar.