THE DRIFT - CASUARINA PROJECT AWARD 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Unions NSW, State Peak Council for Employees.

 

(No. IRC 4286 of 2005)

 

 

AWARD

 

1.  Arrangement

 

Clause No.    Subject Matter

 

1.         Arrangement

2.         Objectives

3.         Definitions

4.         Application

5.         Duration

6.         Industry Standards

6.1        Superannuation and Redundancy

6.2        Top Up/24 Hour Income Protection Insurance

6.3        Project Productivity/Incentive Payment

7.         Environment, Health, Safety and Rehabilitation (EHS&R)

7.1        Induction

7.2        Environment, Health and Safety Plans

7.3        The Safety Committee

7.4        Safety Procedures

7.5        OH&S Industry Induction

7.6        Formwork Safety

7.7        Temporary Power/Testing and Tagging

8.         Dispute Resolution

8.1        Employer & Project Wide Specific Disputes Specific Disputes

8.2        Procedures to Prevent Disputes Regarding Non-Compliance

8.3        Demarcation Disputes

9.         Monitoring Committee

10.       Productivity Initiatives

10.1      Inclement Weather

10.2      Rostered Days Off

10.3      Maximising Working Time

10.4      Hours of Work

11.       Immigration Compliance

12.       Long Service Compliance

13.       No Extra Claims

14.       No Precedent

15.       Union Rights

15.1      Visiting Union Officials

15.2      Rights of the Project Delegate

15.3      Union Membership

16.       Australian Content

17.       Protective Clothing

18.       Workers Compensation and Insurance Cover

19.       Apprentices

20.       Training and Workplace Reform

21.       Project Death Cover

22.       Anti-Discrimination

23.       Personal/Carers Leave

23.1         Use of Sick Leave

23.2      Unpaid Leave for Family Purpose

23.3      Annual Leave

23.4      Time-off in Lieu of Payment for Overtime

23.5      Make-up Time

23.6      Rostered days off

24.       Project Close-Down Calendar

25.       Leave Reserved

 

Annexure A - (Parties)

Annexure B - Authority to obtain details of work rights from DIMIA

 

2.  Objectives

 

2.1.       The Parties agree to continue to develop and implement the following objectives in respect of the following key areas on the Project:

 

(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;

 

(f)         Increased scope of sub-contract work packages to promote genuine skills enhancement and acquisition by Employees.

 

(g)        Provision of a career structure for all Employees based on skills, competencies and increased job satisfaction;

 

(h)        Provision of high standards of occupational health & safety on the Project;

 

(i)         Improved impact of the Project on the environment;

 

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

 

(k)        Elimination of unproductive time;

 

(l)         Improved compliance by subcontractors with the provisions of applicable awards and/or enterprise agreements and legislative requirements;

 

(m)       Improved wages and conditions for all employees working on the project;

 

(n)        Increased leisure time for employees by eliminating excessive hours of work.

 

(o)        Enhancing job opportunities for persons who have a legal right to work including persons who wish to take on apprenticeships or traineeships.

 

(p)        Adoption of a co-operative and non-adversarial approach to Industrial Relations issues.

 

(q)        Commitment to positive project outcomes including completion within Budget.

 

(r)         Commitment to the NSW Government Code of Practice for the Construction Industry.

 

3.  Definitions

 

"Award" means this "The Drift" - Casuarina Beach Project Award 2005" made between the Parties.

 

"Builder" means J. Hutchinson Pty Ltd (Hutchinson Builders).

 

"Code of Practice" means the New South Wales Government Code of Practice for the Construction Industry.

 

"Employee" means a person engaged by an Employer and who performs work on the Project.

 

"Employer" means Hutchinson Builders and/or any subcontractor engaged by Hutchinson Builders to work on the Project.

 

"Enterprise Agreement" means an agreement certified under the Workplace Relations Act (Cth),or approved under the Industrial Relations Act (NSW) 1996 or Queensland Industrial Relations Act 1999.

 

"EHS&R" means Environment Health Safety and Rehabilitation.

 

"Environment Health Safety and Rehabilitation Policy" means either of the plan or policy devised and implemented by the Project Manager for the Project (as amended from time to time).

 

"Monitoring Committee" means the committee established under clause 10 of this Award.

 

"Parties" means the Employers, and the Unions referred to in Annexure A.

 

"Practical Completion" means the completion of the Project where the building is fit for occupancy and/or purpose.

 

"Project" means the Construction works contracted to Hutchinson Builders at ‘The Drift", Lot 178 Kamala Crescent, Casuarina, N.S.W, 2487.

 

"Project Manager" means the Project Manager appointed by Hutchinson Builders from time to time.

 

"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

 

4.1.       This Award will only apply to work done on the Project by the Employees for the period the Employer engages the Employees to work on the Project.

 

4.2.       Where Hutchinson Builders engages sub-contractors to carry out works on the project, it shall make it a condition of any contract that it enters into with its sub-contractor/s that they will not employ or otherwise engage persons on wages and conditions, which are less favourable than those set out in this project award .

 

4.3.       This Award is generally intended to supplement and co-exist within the terms of existing Enterprise Agreements and Awards and its primary purpose is to provide a framework for the Employers, the Labor Council and the Unions, to manage those issues on the Project, which affect more than one Employer.

 

5.  Duration

 

5.1.       This Award shall operate on and from 1st August 2005 until practical completion.

 

6.  Industry Standards

 

6.1.       Superannuation and Redundancy

 

(a)        Each employer will pay on behalf of each of its employees working on the Project a superannuation contribution of 9% of the employee’s ordinary time earnings, or a minimum of $100 per week whichever is the greater, to the superannuation fund nominated in the relevant industrial instruments eg C+BUS, BUSSQ or other scheme approved by the parties, from 1 July 2005 the minimum contribution rate will increase to $110.00 per week.

 

(b)        Each Employer will make a redundancy contribution on behalf of each of its employees working on the Project of not less than $60 per week into ACIRT or BERT or other schemes approved by the parties.  Such redundancy contributions will be offset against the Employers applicable industrial instrument obligations.

 

(c)        The "Superannuation and Redundancy Scheme" contribution rates for Apprentices are provided for in Clause 19 Apprentices.

 

6.2.       Top Up/24 Hour Income Protection Insurance

 

Each Employer will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with the U PLUS Scheme or other similar schemes, which are approved by the Parties to this award.

 

6.3.       Project Productivity Allowance

 

(i)         Subject to paragraphs 6.3(b), 6.3(c) and 6.3(e) the Employer will pay a Project Productivity Allowance for persons engaged on the project of $1.50 for each hour worked on the project.  This payment does not attract any penalty or premium.

 

(ii)        Where an Employer does not have an Enterprise Agreement in place as defined in Clause 3 the Project Productivity Allowance for persons engaged on the project will be $2.50 for each hour worked on the Project.

 

The Project Productivity Allowance shall be in lieu of all Special Rates with the exception of the following:

 

(i)         Heavy Block Rate

 

(ii)        Explosive Powered Tool Rate

 

(iii)       Toxic Substances and Toxic Fumes Rate

 

(iv)       Swing Scaffold Rate

 

(v)        Form Work Certificate Allowance of $0.30 per. Hour

 

(b)        Transport Drivers

 

(i)         Employees - Rates of Pay

 

It is further agreed that any Transport Worker carrying out work relating to the Project will be paid, in addition to his/her Award or Enterprise Agreement rate of remuneration, any applicable Project productivity allowance, provided that the driver has had a regular involvement of two (2) hours or more on any day with the project.

 

(ii)        Contract Carrier

 

The Parties agree that all Contract Carriers involved in the Transport Industry shall be paid the rates of pay applicable under the Transport Industry Excavated Materials Contract Determination for the cartage of materials to, on and from the site.

 

(c)        Milestones

 

(i)         The project productivity payments referred to in subclause 6.3(a) are related to the achievement of construction milestones as determined by Hutchinson Builders in consultation with Unions NSW.  Such milestone dates as determined by Hutchinson Builders shall be forwarded to Unions NSW prior to the commencement of construction.

 

(ii)        The Monitoring Committee as referred to in Clause 9 shall monitor and review the project milestones as required.

 

(iii)       In the event that a Project Milestone is not achieved, the Monitoring Committee shall meet to determine:

 

The reason why the date of the relevant Project Milestone was not achieved;

The action required catching up to the Project Milestone; and

If payment shall continue for the coming month

 

The project productivity payment shall continue to be paid to all employees if in the opinion of the monitoring committee the delays in meeting the project milestone were not caused by any action of the workforce. In such circumstances the Monitoring Committee shall revise the milestone dates accordingly.

 

(iv)      In the event that there is a disagreement with respect to the achievement or otherwise of the milestone or where there is a dispute in this regard either party may refer the matter to the NSW Industrial Relations Commission for determination.

 

7.  Environment, Health, Safety and Rehabilitation (EHS&R)

 

7.1.       Induction

 

All Employees must attend an agreed EHS&R site induction course on commencement of engagement on site.

 

7.2.       Environment, Health, and Safety Plans

 

(a)        All Employers must submit an environment, health safety and rehabilitation management plan in accordance with relevant legislation.  These plans should include evidence of:

 

(i)         Risk assessment of their works;

 

(ii)        Hazard identification, prevention and control;

 

(iii)       Planning and re-planning for a safe working environment;

 

(iv)      Industry and trade specific induction of Employees;

 

(v)       Monitoring performance and improvement of work methods;

 

(vi)      Reporting of all incidents/accidents;

 

(vii)     Compliance verification; and

 

(viii)    Regular EHS&R meetings, inspections and audits of the Project.

 

7.3.       The Safety Committee

 

(a)        The Safety Committee will be properly constituted with an agreed constitution.  All members of the safety committee will undertake agreed Occupational Health and Safety training with Comet Training or other approved providers.

 

7.4.       Safety Procedures

 

(a)        The Parties acknowledge and agree that all Parties are committed to safe working procedures.

 

(b)        If the Project Manager or the Safety Committee is of the opinion that an Employee or 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 Project Manager on recommendation from the Safety Committee) will implement disciplinary action against the Employer or Employee which may include taking all steps required to remove the Employer or Employee from the Project.

 

(c)        The Parties agree that pursuant to the Code of Practice, in the event that an unsafe condition exists, work is to continue in all areas not affected by that condition and those employers may direct employees to move to a safe place of work. No employee will be required to work in any unsafe area or situation.

 

(d)        Where an unsafe condition has been agreed by the Safety Committee corrective action will be implemented immediately.  Works will not recommence in this area until the rectification works have been accepted, by both the Safety Committee and the Project Manager.

 

(e)        Any disagreement as to the proper rectification of an unsafe condition shall be referred to a Work Cover Inspector whose determination shall be binding on all parties.

 

7.5.       OH&S Industry Induction

 

No person will be engaged on site unless he/she has completed the WorkCover NSW Accredited OH&S Industry Induction Course.

 

7.6.       Formwork Safety

 

All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover Formwork Certificate of Competency.  Where an employee does not have a Certificate of Competency, Comet Training or other approved providers will be contacted to assess the qualifications of the relevant employee.

 

7.7.       Temporary Power/Testing and Tagging

 

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

 

8.  Dispute Resolution

 

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

 

8.1.       Employer & Project Wide Specific Disputes

 

In the event of a dispute or conflict occurring specifically between an Employer and its Employees or their representative Union, in the absence of an "Enterprise Agreement" provision, the following procedure will be adopted:

 

(a)        Discussion between those directly affected;

 

(b)        Discussion between site management representatives of the Employer and the Union delegate;

 

(c)        Discussion between site management representatives of the Employer and the Union organiser;

 

(d)        Discussion between senior management of the Employer, Hutchinson Builders and the appropriate Union official;

 

(e)        Discussion between the Secretary of the relevant Union (or nominee) and Senior Representative of Hutchinson Builders NSW (or nominee).

 

(f)         If the dispute is not resolved after step (e), parties to the Award may notify the dispute to the Industrial Relations Commission of New South Wales, and request that the Industrial Relations Commission of New South Wales resolve the dispute pursuant to it’s powers set out in the Industrial Relations Act 1996 (NSW).

 

(g)        Work shall continue without interruption or dislocation during discussion and negotiations concerning the dispute.

 

8.2        Procedures to prevent Disputes Regarding Non- Compliance

 

(a)        Hutchison Builders in association with the accredited site union delegate will check monthly payments of subcontractors companies engaged on site in relation to superannuation, redundancy and extra insurance to ensure payments for employees have been made as required. The Hutchison Builders and site delegate shall also check that employers have not introduced arrangements such as and not limited to ‘all-in’ payment and or ‘cash-in-hand’ payments, (i.e. payments designed to avoid tax and other statutory obligations and sham subcontract arrangements.)  Where such practices are identified Hutchison Builders will take immediate steps to ensure that any such arrangements are rectified and that any Employee affected by any such arrangement receives all statutory entitlements.

 

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

 

(c)        In accordance with Section 127 of the Industrial Relations Act 1996, Section 175(b) of the Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll Tax Act 1971 the principal contractor will obtain all applicable Sub-Contractors Statements regarding workers’ compensation, payroll tax and remuneration.  A copy of these statements will be available on request to an accredited trade union officer or site delegate.

 

(d)        The union delegate or union official shall advise Hutchison Builders 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.

 

8.3        Demarcation Disputes

 

In the event that a dispute arises which cannot be resolved between the relevant Unions, the Unions    agree to the following dispute settling procedure:

 

(a)        Work shall continue without interruption or dislocation during discussion and resolution of disputes.

 

(b)        Discussion between Unions NSW and the Unions to try to resolve the dispute.

 

(c)        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 it’s powers set out in the Industrial Relations Act 1996 (NSW).

 

9.  Monitoring Committee

 

9.1.       The Parties will establish a committee to monitor the implementation of this Award.

 

9.2.       This Monitoring Committee if established will meet at the commencement of construction and then at three monthly intervals or as required during construction on the Project.

 

9.3.       The monitoring Committee will consider ways in which the aims and objectives of this Award can be enhanced, which may include, but not be limited to discussion of:

 

(a)        Progression towards and achievement of set project milestones;

 

(b)        Developing more flexible ways of working;

 

(c)        Enhancing occupational, health and safety;

 

(d)        Productivity plans, and

 

(e)        Compliance with Award and other statutory requirements by employers.

 

(f)         Constitution and compositions of the Monitoring Committee

 

9.4.       If the principles of this Award are not being followed, the Committee will develop a plan in consultation with the Parties, to implement the intent of the Award.

 

10.  Productivity Initiatives

 

10.1.     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 (b) above are not possible, the use of non-productive time may be used for activities such as relevant and meaningful skill development; production/upgrade of skill modules; presentation and participation in learning; planning and reprogramming of the Project;

 

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

 

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

 

10.2.     Rostered Days Off

 

(a)        The implementation of Rostered Days Off (RDO's) is set down in clause 25.  The purpose which is to:

 

(i)         Increase the quality of working life for Employees; and

 

(ii)        Increase the productivity of the Project.

 

(b)        Records of each Employees RDO's accruals will be recorded on the Employees pay slip and copies made available to the Employee, the Employees, delegate or union official upon request.  It is acknowledged that different arrangements in relation to the banking of RDO’s may apply to members of the CEPU

 

10.3.     Maximising Working Time

 

(a)        The Parties agree that crib and lunch breaks may be staggered for Employees so that work does not cease during crib and lunch.  There will be no unreasonable interruption of the comfort of employees having lunch with the amenities to be maintained in a clean and hygienic state at all times.

 

10.4.     Hours of Work

 

(a)        Ordinary hours of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to Friday.  However, ordinary hours may commence from 5.00am by agreement between the Employer, Employee and relevant Union.

 

11.  Immigration Compliance

 

11.1.     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 Hutchinson Builders the importance of immigration compliance.  Where there is concern that illegal immigrants are being engaged by an employer on the Project, Hutchinson Builders will act decisively to ensure compliance.

 

11.2.     Employers are required prior to employees commencing work on-site to check the legal right of employees to work.  The authorization form attached to this Award as per Appendix B will assist in providing evidence of the employee’s legal status.

 

12.  Long Service Compliance

 

12.1.     If applicable, and in accordance with the NSW Building and Construction Industry Long Service Leave Act, no Employee will be engaged on site unless he or she is a worker registered with the NSW Long Service Payments Corporation.  All Employers (if applicable) engaged on site will be registered as employers in accordance with the NSW Building and Construction Industry Long Service Payments Act and will strictly comply with their obligations.

 

13.  No Extra Claims

 

13.1.     The Parties agree that they will not pursue extra claims in respect of matters covered by this Award (including but not limited to any claim for a disability allowance) during the term of this Award.

 

14.  No Precedent

 

14.1.     The Parties agree not to use this Award as a precedent and that this Award will in no way create a claim for flow-on of on-site wage rates and conditions.

 

15.  Union Rights

 

The Parties to this Award acknowledge the right of employees to be active union members and respect the right of union to organise and recruit employees. The Parties to this Award also acknowledge that good communication between union officials, the delegate and its members is an important mechanism in assisting the parties to resolve grievances and disputes in a timely fashion.

 

15.1      Visiting Union Officials

 

(a)        Union officials (party to this Award) when arriving onsite, shall call at the site office and introduce themselves to the Project Manager prior to pursuing their union duties.

 

(b)        Union officials shall produce their right of entry permits, if required, and observe the relevant Building Awards, the Occupational Health and Safety Act and Regulations, and other statutory/legislative obligations for entry to the site.

 

(c)        Union officials with the appropriate credentials shall be entitled to inspect all such wage records, other payment records and related documentation necessary to ensure that the Employers are observing the terms and conditions of this Award.

 

(d)        All such wages books and other payment records shall be made available within 24 hours on site or at another convenient, appropriate place, provided  the union gives notice  to the Employers and the Project Manager.

 

(e)        Such inspections shall not take place unless there is a suspected breach of this Award, other appropriate Building Awards, Enterprise Agreements, the Industrial Relations Act 1996 (NSW), or other Employer Statutory requirements.

 

(f)         Where it is felt necessary by an officer of the union to call a meeting of union members, the Company will be advised prior to doing so and a mutually agreeable meeting time shall be determined.

 

15.2      Rights of the Project Delegate

 

In this clause the expression "delegate" means an employee who is the accredited representative of the Union on the project.

 

(a)        The Parties acknowledge it is the sole right of the Project workforce to elect the Project Delegate who shall be recognised as the authorised representative of the Unions in respect of the Project.

 

(b)        The Project Delegate shall have the right to approach or be approached by any Employee of an Employer to discuss industrial matters with that Employee during normal working hours.

 

(c)        The Project Delegate shall have the right to communicate with the Project workforce in relation to industrial matters without impediment by an Employer.  Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by an Employer:

 

i.          Moving a Project Delegate to a workplace or work situation which prevents or significantly impedes communication with the Project workforce;

ii.         Changing a Project Delegate’s shifts or rosters so that communication with Employees is prevented or significantly impeded;

 

iii.        Disrupting duly organised meetings.

 

(d)        The Project Delegate shall be entitled to represent the Project workforce in relation to industrial matters on the Project, and without limiting the generality of that entitlement is entitled to be involved in representing the Project workforce:

 

i.          The introduction of new technology on the Project and other forms of workplace change;

 

ii.         Career path, reclassification, training issues; and to initiate discussions and negotiations on any other matters affecting the employment of the Employees;

 

iii.        Ensuring that Employees on the Project are paid their correct wages, allowances and other lawful entitlements.

 

iv.        To check with relevant industry schemes so as to ensure that superannuation, long service leave and redundancy has been paid on time.

 

(e)        In order to assist the Project Delegate to effectively discharge his or her duties and responsibilities, the Project Delegate shall be afforded the following rights:

 

i.          The right to reasonable communication with other delegates, union officials and management in relation to industrial matters, where such communication cannot be dealt with or concluded during normal breaks in work;

 

ii.         At least 10 days paid time off work to attend relevant Union training courses/forums;

 

(f)         There shall be no deduction to wages where the Union requires a delegate to attend any Court or Industrial Tribunal proceedings relating to industrial matters at the workplace impacting on employees.

 

15.3.     Union Membership

 

Properly accredited officials and workplace representatives of the union shall have the right to be provided with appropriate access to employees to promote the benefits of union membership.

 

To assist in this process the Employer shall:

 

(a)        Where agreed, and authorised by the Employee, provide Payroll Deduction Services for Union fees.  Such fees shall be remitted to the Union on a regular agreed basis with enough information supplied to enable the Union to carry out reconciliation.

 

Nothing in this clause shall be contrary to the relevant legislation or freedom of association provisions.

 

16.  Australian Content

 

The Project Manager shall endeavour to maximise Australian content in materials and construction equipment on the Project where practical and feasible.

 

17.  Protective Clothing

 

17.1.     Employers will provide their Employees engaged on site with legally produced Australian made protective clothing and footwear on the following basis, if not already supplied by the employer:

 

(a)        Safety Footwear

 

Appropriate safety footwear shall be supplied on commencement if not already provided, to all persons engaged on site and will be replaced on a fair wear and tear basis provided they are produced to the Employer as evidence.

 

(b)        Clothing

 

Two sets of protective clothing (combination of bib and brace or shorts, trousers and shirts) will be supplied to all persons after accumulated engagement on site of 152 hours or more and will be replaced once per calendar year as a result of fair wear and tear and  are produced to the Employer as evidence.

 

(c)        Jackets

 

Each person, after accumulated employment on site of 152 hours shall be eligible to be issued with spray jacket or equivalent, which will be replaced once per calendar year on a fair wear and tear basis.

 

17.2.     In circumstances where any Employee(s) of Employers are transferred to the Project from another Project where an issue of equivalent clothing was made, then such Employee shall not be entitled to an issue to this Project until the expiry of the calendar year or on a fair wear and tear basis.

 

17.3.     Employees who receive from their Employer an issue and replacement of equivalent clothing and/or safety footwear as part of the Employer’s policy, EBA or relevant industrial instrument shall not be entitled to the provisions of this clause

 

17.4.     Employers will consult with the CFMEU, to be provided with a list of recommended Australian Manufacturers who do not use illegal or exploited labour in the manufacturing of their work clothes.

 

18.  Workers Compensation and Insurance Cover

 

18.1.     Employers must ensure that all persons that they engage to work on the project are covered by New South Wales workers compensation insurance.

 

18.2.     Hutchinson Builders will audit Workers Compensation 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 authorised Union officials on request.

 

18.3.     Employers and their Employees must comply with the following steps to ensure expedited payment of workers compensation:

 

(a)        All Employees will report injuries to the project first aider and their supervisor at the earliest possible time after the injury

 

(b)        All Employees will comply with the requirements for making a workers compensation claim, including the provision of a Workcover medical certificate, at the earliest possible time after the injury. This information will also be supplied to the project first aid officer, and their supervisor.

 

(c)        In cases where the Employee is unable to comply with the above, the relevant employer will assist in fulfilling requirements for making a claim.

 

18.4.     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:

 

(a)        The Employer shall keep a register of injuries/site accident book in a readily accessible place on site;

 

(b)        All Employees must enter in the register any injury received by the Employee. The Employer must be notified of all injuries on site immediately. The employer must notify the insurer within 48 hours of a significant injury;

 

(c)        An Employer who receives a claim for compensation, must within seven (7) days of receipt, forward the claim or documentation, to their insurer;

 

(d)        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 forward such money to the person entitled to the compensation within three (3) working days;

 

18.5.     Where there has been a serious incident and/or accident, which has resulted in a serious injury or loss of life, the Employer shall notify the relevant union immediately.

 

18.6.     The Employer will also complete the relevant accident notification form and send it to WorkCover.

 

19.  Apprentices

 

19.1.     As part of the Project’s commitment to industry training, a ratio of one apprentice/trainee to every five tradespersons within each Employer’s workforce is to be maintained.

 

19.2.     The parties acknowledge for Apprentices the superannuation contribution rate is 9% of ordinary time earnings, which shall be made to the superannuation fund nominated in the relevant industrial instruments being C+BUS/BUSSQ or other schemes approved by the Parties.

 

19.3.     Unless otherwise prescribed in an Employers "Enterprise Agreement" the minimum contribution rates for Apprentices into ACIRT or other schemes approved by the parties will be as follows:

 

1st Year - $25 per week

2nd Year - $25 per week

3rd Year - $35 per week

4th Year - $35 per week

 

All the above rates will remain fixed for the life of this Project Award.

 

20.  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.

 

21.  Project Death Cover

 

Hutchinson Builders will guarantee that the legal beneficiary of any employee who dies from a workplace injury while 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.

 

22.  Anti-Discrimination

 

22.1.     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.

 

22.2.     This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.

 

22.3.     It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects.  It will be consistent with fulfilment of these obligations for the parties to make application to vary any provision of the Award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

22.4.     Under the Anti-Discrimination Act 1977, it is unlawful to victimise an Employee because the Employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

22.5.     Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

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

 

23.  Personal/Carers Leave

 

23.1.     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 23.1 (c)(ii) who needs the Employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

 

(b)        The Employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an Employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the Employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

a spouse of the Employee; or

 

a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian) grandparent, grandchild or sibling of the Employee or spouse or de facto spouse of the employee; or

 

a same sex partner who lives with the Employee as the de facto partner of that Employee on a bona fide domestic basis; or

 

a relative of the Employee who is a member of the same household, where for the purposes of this paragraph:

 

"relative" means a person related by blood, marriage or affinity;

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other: and

 

"household" means a family group living in the same domestic dwelling.

 

(d)        An Employee shall, wherever practicable, give the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the Employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the Employee to give prior notice of absence, the Employee shall notify the Employer by telephone of such absence at the first opportunity on the day of absence.

 

23.2.     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 23.1 (c)(ii) above who is ill.

 

23.3.     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 23.3(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.

 

23.4.     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 23.4(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

 

(d)        Where no election is made in accordance with paragraph 23.4(a), the Employee shall be paid overtime rates in accordance with the award.

 

23.5.     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.

 

23.6.     Rostered days off

 

(a)        An Employee may elect, with the consent of the Employer, to take a rostered day off at any time.

 

(b)        An Employee may elect, with the consent of the Employer, to take rostered days off in part day amounts.

 

(c)        An Employee may elect, with the consent of the Employer, to accrue some or all-rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the Employer and Employee, or subject to reasonable notice by the Employee or the Employer.

 

(d)        This subclause is subject to the Employer informing each Union which is both party to the Award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Unions to participate in negotiations.

 

24.  Project Close - Down Calendar

 

For the purpose of this award the Parties agree that the following calendar will be adopted for the Project.  The calendar has been produced with a view to maximising quality leisure time off for all employees.  Accordingly, the Parties agree that on certain weekends (as set out in the Calendar), no work shall be carried out.

 

Provided, however, where there is an emergency or special client need, work can be undertaken on the weekends and adjacent RDO’s as set out below, subject to the agreement of the appropriate union secretary or his nominee.  In such circumstances reasonable notice (where possible), shall be given to the union (or union delegate).

 

SITE CALENDAR 2005

 

 

SITE CALENDAR 2006

 

 

SITE CALENDAR 2007

 

 

25.  Leave Reserved

 

The Union Parties to this Award shall have the right to make application to have the following provision or a provision with similar intent inserted into the Project Award.

 

"Notwithstanding subclause 8.4(a) if an employer is identified as paying his or her employees "all-in payments" which are not enforceable under an enterprise agreement as defined then such payments shall be deemed to be the employees ordinary rate of pay for all purposes of this Project Award and other industrial instruments which apply to such employees for the duration of the project.  In such circumstances, all employees of the employer working on the project shall obtain the benefit of the higher rate of pay plus the conditions of this Project Award."

 

ANNEXURE A (Parties)

 

Part 1

 

EMPLOYERS:

 

Hutchinson Builders and any Sub-contractors engaged to work on the Project.

 

 

Part 2

 

UNIONS:

 

Unions NSW

 

Construction Forestry Mining and Energy Union (Construction & General Division) New South Wales Divisional Branch;

 

Communication Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (NSW) Branch - Plumbing Division;

 

Electrical Trades Union of Australia (NSW Branch);

 

Automotive Food Metals Engineering Printing & Kindred Industries Union (also known as AMWU)

 

ANNEXURE B

 

Authority to obtain details of work rights from DIMIA

 

EMPLOYMENT DETAILS

(As specified in passport or other identity document)

 

Family Name:

 

Given Name(s):

 

Other Name(s) used (e.g. maiden name):

 

Date of birth:

 

Nationality:

Passport Number:

 

Visa number:

Visa Expiry Date:

 

I authorise the Department of Immigration and Multicultural Affairs (DIMIA) to release the details of my work rights status (that is, my entitlement to work legally in Australia) to the named employer/labour supplier.

 

I understand that these details are held by DIMIA on departmental files and computer systems.  I also understand that the employer/labour supplier will use this information for the purposes of establishing my legal entitlement to work in Australia, and for no other purpose.

 

Employee Signature:

 

Date:

 

 

EMPLOYMENT/LABOUR SUPPLIER DETAILS

 

Business Name:

 

Business Street Address:

 

Type of Business:

 

Name of Contact Person:

 

Telephone:

 

Fax:

 

Note that the employee’s work rights status will be sent directly to the fax number given above.  Please ensure that this number is correct.

 

THE COMPLETED FORM SHOULD BE FAXED TO 1800 505 550

 

IF ALL DETAILS MATCH WITH OUR RECORDS, THE EMPLOYEES WORK RIGHTS STATUS WILL BE FAXED TO YOU WITHIN ONE WORKING DAY.

 

 

 

J. P. MURPHY, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.