SYDNEY AIRPORT 2000 PROJECT AGREEMENT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC1289 of 2001)
Before Commissioner
O'Neill
|
8 June 2001
|
REVIEWED AWARD
1. Introduction
(a) The Parties to
this Award acknowledge that enterprise bargaining is an appropriate way for
employers and employees (and their representatives) to settle fair terms and
conditions of employment. The Parties acknowledge and agree that the integrity
of enterprise agreements and awards must be maintained.
The Parties also acknowledge that the building industry
has special features, which may require the Parties to enter agreements
applicable to that project. This Award is intended to supplement existing
enterprise agreements and be a framework document to assist Civil & Civic
in management of Project specific issues.
It is recognised that this award is not intended to extend the
traditional coverage of the Union Parties nor is it intended to cover works not
within the scope of work to be performed by Civil & Civic under its
contract with its client.
(b) The parties
recognise the special circumstances under which work will be performed on this
Project. In particular Civil &
Civic's client has extensive and rigorous requirements in regards to the
security at the construction site and at Sydney Airport generally.
Accordingly the Parties acknowledge that all work
performed under this Award is subject to those requirements and that this may
require working arrangements to be modified from time to time for reasons
beyond the control of the parties.
Further, the Employers and Employees bound by this Award will adopt a
flexible and co-operative approach in consultation with the Monitoring Committee
to ensure that they are complying with the client's requirements.
2. Arrangement
1. Introduction
2. Arrangement
3. Objectives
4. Definitions
5. Application
6. Duration
7. Industry
Standards
7.1 Superannuation
7.2 Redundancy
7.3 Productivity
Allowance
8. Environment,
Health, Safety and Rehabilitation
8.1 Induction
8.2 Environment,
Health and Safety Plans
8.3 The
Safety Committee
8.4 Implementation
of this Clause
9. Dispute
Resolution
9.1 Employer
Specific Disputes
9.2 Project
Wide Disputes
9.3 Demarcation
Disputes
10. Monitoring
Committee
11. Productivity
Initiatives
11.1 Learning
Initiatives
11.2 Inclement
Weather
11.3 Site
Management Plans
11.4 Rostered
Days Off
11.5 Maximising
Working Time
11.6 Project
Wide Communication Meetings
12 Security
and Access
12.1 Project
Security
12.2 Airside
Security Zone
12.3 Client
Security Requirements
12.4 Access
in General
12.5 Compliance
13. No
Extra Claims
14. No
Precedent
15. Single
Bargaining Unit
16. Anti-Discrimination
17. Personal/Carers
Leave
17.1 Use
of Sick Leave
17.2 Unpaid
Leave for Family Purpose
17.3 Annual
Leave
17.4 Time-off
in Lieu of Payment for Overtime
17.5 Make-up
Time
17.6 Rostered
days off
Execution
Annexure A (Parties)
Annexure B
Part 1 - Schedules Milestones
Part 2 - Program Milestones
3. Objectives
The Parties agree to continue to develop and implement the
following objectives in respect of the following five key areas on the Project:
3.1 Work Organisation
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued
development of communication processes which facilitate participation by all
Employers and Employees;
(d) Introduction of
new technology and associated change to enhance productivity by agreement;
(e) Improved
quality of work; and
(f) Broaden the
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees.
3.2 People Development/Skills
Provision of a career structure for all Employees based on
skills and competencies;
3.3 Environment & Safety
(a) Provision of
high standards of occupational health & safety and rehabilitation on the
Project;
(b) Improved
impact of the Project on the environment.
3.4 Generally
(a) Implementation
of this Award, and compliance with statutory provisions;
(b) Elimination of
unproductive time.
4. Definitions
"Award" means this Sydney Airport 2000 Project
Agreement Award made between the Parties.
"Airside Security Zone" is that area of the
project bounded on the north by Mascot Drive, on the south by Southern Cross
Drive, on the east by the Domestic Terminal and on the west by the
International/Customs Terminal.
"Parent Award" means each of the National Building
and Construction Industry Award 1990, the Plumbing Industry (NSW) Award,
Plumbers & Gasfitters (State) Award (NSW), Sprinkler Pipe Fitters Award
1975, Electrical Contracting Industry (State) Award 1992 and the National Metal
& Engineering On-site Construction Industry Award 1989.
"Civil & Civic" means Civil & Civic, a
Division of Lend Lease Property Services Pty Limited ACN 000 098 162.
"Code of Practice" means the National Code of
Practice for the Construction 1997, including the Commonwealth Implementation
Guidelines 1998.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means Civil & Civic or any
subcontractor engaged by Civil & Civic to work on the Project who are named
in Part 1 of Annexure A.
"Enterprise Agreement" means an agreement
registered or certified under the Workplace
Relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996 (NSW).
"Industrial Action" has the same meaning as it
does in section 4 of the Workplace
Relations Act 1996.
"Milestones" means the milestones listed in
Annexure B as amended by the Site Manager from time to time.
"Monitoring Committee" means the committee
established under clause 10 of this Award.
"Environment Health and Safety Policy" means
either of the plan or policy devised and implemented by the Site Manager for
the Project (as amended from time to time).
"Parties" includes the Employers, the Employees
and the Unions.
"Practical Completion" means the works have been
fully completed including the rectification of all faults, omissions,
shrinkages or other defects except for minor faults, omissions, shrinkages or
other defects (all of which must be minor and which do not prevent the works
from being reasonably capable of being used for its intended purposes).
"Project" means the Sydney Airport 2000 Project
consisting of:
1.0 Upgrading and
new aprons to Airside.
2.0 Major
refurbishment and expansion to Departures and Arrivals to the existing
Terminal.
3.0 Expansion and
refurbishment of Pier B.
4.0 Expansion and
refurbishment of Pier C.
5.0 Upgrade of
Central Services.
"Safety Committee" means the site safety committee
formed under the Occupational Health and
Safety Act 1983 (NSW).
"Security Card" means the identity card to be
carried by all personnel on site as described in clause 12.
"Security Rules" are the rules relating to
security on the Project as set by Civil & Civic form time to time.
"Site Manager" means the site manager for the
Project appointed by Civil & Civic from time to time.
"Site Management Plan" means the plan annexed and
marked C as amended by the Site Manager from time to time.
"T.E.T.A" means Transport Education Training
Australia.
"Unions" means each of the Unions listed in Part B
of Annexure A.
5. Application
(a) Subject to
clause 5 (c), this Award will apply to work done on the Project by the
Employees for the period the Employer engages the Employees to work on the
Project.
(b) Nothing in
this Award shall prevent an Employer from negotiating an Enterprise Agreement.
(c) Despite any
other term of this Award, the Parties agree that the integrity of individual
Enterprise Agreements will be maintained and that where Employers have entered
an Enterprise Agreement the provisions of that Enterprise Agreement will
continue to apply to the Employer and its Employees on the Project.
(d) The Parties
agree that where any term or condition in this Award is inconsistent with a term
or condition in an Enterprise Agreement, the terms of the Enterprise Agreement
will override the terms of this Award to the extent of any inconsistency. The Parties agree that there is to be no
"double dipping", in the event that the provisions in an Enterprise
Agreement cover the benefits provided for in this Award even if those benefits
are paid or awarded differently.
(e) The Parties
acknowledge that they may be required to enter additional agreements on similar
terms as this with other subcontractors not included in the list of Employers
in Annexure A.
(f) By entering
this Award, the Parties intend to enter legal relations and acknowledge and
agree that the terms of this Award will create a binding contract.
(g) The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for work on this Project.
(h) The parties
acknowledge and agree that this Award will be terminated by agreement and cease
to apply if the contract between Civil & Civic and its client is terminated
or if the client does not enter a contract or contracts with Civil & Civic
to enable the work to proceed. In these
circumstances, the Parties agree to do all things necessary to have this Award
cancelled or deregistered expeditiously and by consent.
6. Duration
This Award is made following a review under section 19 of
the Industrial Relations Act 1996 and
replaces the Sydney Airport 2000 - Project Award published 5 May 2000 (315 I.G.
493).
The Award published 5 May 2000 took effect from 13 November
1998 and remain in force until Practical Completion of the Project unless
terminated in accordance with the Industrial
Relations Act 1996 (NSW), or the Code of Practice. The parties acknowledge that the Code of
Practice applies to this Project and agree to comply with the Code of Practice.
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 December 1998
(308 I.G. 307) take effect on and from 8 June 2001.
7. Industry Standards
7.1 Superannuation
The Employer must comply with its award, Enterprise
Agreement or legislative obligations in respect of superannuation.
7.2 Redundancy
The Employer must comply with its award, Enterprise
Agreement or legislative obligations in respect of redundancy.
7.3 Productivity Allowance
(a) Despite any term
of this Award and any term of an applicable Enterprise Agreement, the Parties
agree that in accordance with the Code of Practice, the productivity allowance
actually paid under this Award must be off set against the productivity
allowance, disability allowance or all purpose rate paid under the relevant
Enterprise Agreement, where it is agreed that the productivity
allowance/payment in each agreement is for the same purpose.
(b) Provided the
Scheduled Milestones and the Program Milestones are met, the Employer will pay
a productivity allowance for each hour worked on the Project.
(c) The maximum
amount paid as productivity allowance under this Award is $1.85 per hour
worked.
(d) The Site
Manager will determine whether the Scheduled and Program Milestones have been
achieved and if the Scheduled Milestones have been met, the Site Manager will
advise the Employers and the Monitoring Committee accordingly.
(e) When deciding
whether to pay the productivity allowance, the Site Manager may recommend
part-payment of the allowance based on part-performance of the Scheduled
Milestones or the Program Milestones.
7.4 Payment of the Productivity Allowance
(a) The
Productivity Allowance
The Parties agree that the productivity allowance is
paid only if the Scheduled Milestones and the Program Milestones are met.
The Milestones are comprised of two (2) elements:
(i) works
completed against the Program Milestones;
and
(ii) works
completed to the Scheduled Milestones.
(b) Program
Milestones
The Parties agree to use their best endeavours to meet
or exceed the Program Milestones. Each Employee shall be entitled to be paid
the completion to schedule component of the productivity allowance.
The completion to schedule component of the productivity
allowance shall be calculated and paid as follows:
• the Site
Manager will review the works monthly and will verify the achievement of the
Program Milestone;
• the Site
Manager will advise the client as to whether the relevant Program Milestone has
been achieved;
• if the
relevant Program Milestone is met the maximum payment shall be $1.00 per hour
for each hour of time worked;
• payment shall
be made as part of weekly wages.
In the event that a Program Milestone is not achieved,
the Monitoring Committee shall meet with the Site Manager to determine:
(i) the reason
why the milestone target was not achieved;
(ii) the action
required to catch up to the next milestone target.
If a Program Milestone is not achieved for two
consecutive months:
(i) the
completion to program schedule component of the productivity allowance shall
cease being paid; but
(ii) if in a
following period work catches up to the Schedule, the completion to program
schedule component shall recommence, and shall include payments for the
preceding period(s) not paid.
(c) Payment for
Completion of Scheduled Milestones
In addition to the completion to schedule component, a
further payment shall be paid on achievement of project Scheduled Milestones as
listed in Part 1 of Annexure B.
This payment shall be calculated and paid as follows:
(i) Payment of
85c per hour paid in a lump sum to each Employee engaged on-site within 14 days
of the achievement of the identified Schedule Milestone.
(ii) Payment shall
be calculated on an hours worked basis only and shall not include any
calculation of award or other entitlements.
(iii) The Parties
agree that achievement of the identified Schedule Milestone Nos 2, 3, 4, and 5
shall be determined by Civil & Civic’s client and the Labor Council of New
South Wales in conjunction with the Unions.
(iv) If a Scheduled
Milestone date is not achieved and there are no extenuating circumstances(s)
acceptable to the Site Manager, then no Scheduled Milestone payment will be
made.
(v) If in the
following period(s) work catches up to allow achievement of the subsequent
Scheduled Milestone(s) then a payment shall be made and shall include
payment(s) for the preceding Scheduled Milestone.
(vi) In the event
that an Employee ceases work on-site or does not maintain uninterrupted
employment on the project prior to payment against achievement of Milestone
targets then, subject to Schedule Milestones having been achieved, the Employee
concerned shall receive pro rata payment of 85c for each hour worked on site,
accumulated broken employment on-site shall be paid to the nearest hour.
(d) Transport
Drivers
The Parties agree that the Award does not apply to off
site or purely incidental activities such as delivery of site materials or couriers.
This Award will apply to Transport Drivers who are employed by an Employer if
the relevant Employer makes deductions from the remuneration of that Transport
Driver in accordance with the "Pay As You Earn" provisions of the Income Tax Assessment Act 1936. The Parties agree that if the Award does
apply to any Transport Driver, he or she will only receive the project
productivity allowance of $1.85 per hour after he or she is required, by their
Employer to remain on the Project for longer than two hours in any calendar
day.
7.5 Changing the Program and Scheduled
Milestones
The Parties agree that the Scheduled and Program
Milestones must be updated throughout the life of the Project and that the
Monitoring Committee will meet at regular intervals and with the Site Manager,
agree and set new Schedule and Program Milestones.
8. Environment, Health, Safety
and Rehabilitation
8.1 Induction
(a) All Employees
must attend an agreed EHS&R induction course as and when required.
(b) The Parties
recognise the OHS&R induction training provided by TETA for casual and
permanent transport workers.
8.2 Environment, Health and Safety Plans
All Employers must submit a environment, health and
safety management plan to Civil & Civic. These plans should include evidence
of:
(a) risk
assessment of their works;
(b) hazard
identification, prevention and control;
(c) planning and
re-planning for a safe working environment;
(d) induction of
Employees;
(e) monitoring
performance and improvement of work methods;
(f) reporting of
all incidents; and
(g) regular
EH&S meetings, inspections and audits of the Project.
8.3 The Safety Committee
The Safety Committee will be properly constituted in
accordance with the Occupational Health
and Safety Act 1983 and will abide by the agreed procedures as defined in
its constitution and as revised from time to time. The Safety Committee may invite the Union to attend any Safety
Committee meeting or site
inspection.
8.4 Implementation
of this Clause
(a) The Parties
acknowledge and agree that all Parties are committed to safe working procedures
and to the Project Environment Health and Safety Policy.
(b) If the Site
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 Site Manager (or the Site 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 clause 6.3 of the New South Wales Code of Practice for
the Construction Industry in the event that an unsafe condition exists, work is
to continue in all areas not affected by that condition and that employers may
direct employees to move to a safe place of work.
9. 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.
9.1 Employer Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employees or their representative Union,
the following procedure will be adopted:
(a) Discussion
between those directly effected.
(b) Discussion
between site management representatives of the Employer and the Union delegate.
(c) Discussion
between senior management of the Employer, Civil & Civic and the
appropriate Union official.
(d) If the dispute
is not resolved after step (c), the Employer or the Union may notify the
dispute to the Australian Industrial Relations Commission (if the Employer’s
Enterprise Agreement is registered under the Workplace Relations Act 1996 (Cth)) or the Industrial Relations
Commission of New South Wales (if the Employer’s Enterprise Agreement is
registered under the Industrial Relations
Act 1996 (NSW) and request that the relevant Commission resolve the dispute
pursuant to its powers set out in the applicable legislation.
(e) Work is to continue as normal without
detriment to any of the parties.
9.2 Project
Wide Disputes
In the event of a dispute or conflict effecting more
than one Employer occurring, the following procedure will be adopted:
(a) Discussion
between those directly affected.
(b) Discussion
between site management representatives of Civil & Civic and the Site Union
delegate.
(c) Discussion
between site management representatives of Civil & Civic and the Union
organiser.
(d) Discussion
between senior management of Civil & Civic and the appropriate Union
official.
(e) Matter is to
be referred to the Monitoring Committee for discussion with senior management
of Civil & Civic
(f) Discussion between
the Secretary of the relevant Union (or nominee) and Civil & Civic NSW
Operations Manager (or nominee);
(g) If the dispute
is not resolved after step (f), the Employer may notify the dispute to the Australian
Industrial Relations Commission (if the Employers Enterprise Agreement is
registered under the Workplace Relations
Act 1996 (Cth) or the Industrial Relations Commission of New South Wales
(if the Employers Enterprise Agreement is registered under the Industrial Relations Act 1996 (NSW)).
(h) Work shall
continue without interruption or dislocation during discussion
and resolution of disputes.
9.3 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 the Labor Council of New South Wales 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 its powers set out in the Industrial
Relations Act 1996 (NSW).
10. Monitoring Committee
(a) The Parties
will establish a committee in accordance with the Sydney Airport 2000
Monitoring Committee Constitution a copy of which is annexed and marked D to
monitor the success of the this Award.
(b) This
Monitoring Committee will meet at the commencement of construction and then at
quarterly intervals or as required during construction on Project.
(c) The Monitoring
Committee will consider ways in which the aims and objectives of this Award
which can be enhanced, may include discussion of:
• developing
more flexible ways of working;
• enhancing
occupational, health and safety;
• productivity
plans; and
• inserting new
Scheduled Milestones into Appendix B
If the principles of this Award are not being followed,
the Committee will develop a plan in consultation with the Parties, to
implement the intent of the Award.
(d) The Monitoring
Committee will meet at quarterly intervals to review existing Milestones and
will set new Milestones as appropriate during the course of this Award.
11. Productivity Initiatives
11.1 Learning initiatives
Each Employer shall be required to demonstrate to Civil
& Civic implementation of commitment to skill enhancement and workplace
reform while working on the Project.
11.2 Inclement weather
The parties to the Award will collectively proceed
towards the minimisation of lost time due to inclement weather.
Further, the Parties undertake to adopt the following
principles with regard to inclement weather and idle time created by inclement
weather:
(a) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(b) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful work is available in that area or site
and that work is within the scope of the Employee’s skill, competence and
training consistent with the relevant classification structures;
(c) Where the
initiatives described in (b) above are not possible or non-productive, the use
of non-productive time will be used for activities such as relevant and
meaningful skill development; production/upgrade of skill modules; presentation
and participation in learning; planning and reprogramming
of the Project;
(d) All
Parties are committed to an early resumption of work following any cessation of
work due to inclement weather;
(e) The
Parties agree the practice of "one out, all out" will not occur.
11.3 The Site Management Plans
(a) The
Parties agree that operational continuity is of paramount importance to Civil
& Civic’s client and therefore, the Site Management Plan has been prepared
to ensure the productive and efficient operation of the Project.
(b) The
Parties acknowledge that the Site Management Plan will be amended by the Site
Manager from time to time and agree that they will comply with the Site
Management Plan.
(c) The
Site Management Plan consists of sub-plans covering the following areas;
• traffic;
• material
handling;
• delivery
management;
• pedestrian
visitors and public;
• construction
noise;
• hours
of work;
• waste
management; and
• behaviour
on site;
(d) If
the Site Manager considers that an Employee or Employer has committed a serious
breach of the plan, the Site Manager will discuss this matter with the relevant
Employer and Union. After this
discussion the Site Manager may recommend that the Employee or Employer be
removed from the Project.
11.4 Rostered Days Off
It is agreed that a procedure for increasing
the flexibility of Rostered Days Off (RDOs) will be implemented on the Project.
With the purpose of:
(a) increasing
the quality of working life for Employees; and
(b) increasing
the productivity of the Project.
A roster of RDOs will be prepared, following
consultation with the Monitoring Committee, agreement of the individuals
involved and their respective Union.
Records of each Employee’s RDO status will
be maintained by their Employer and made available to the Employee, the
Employee’s delegate or union official upon request.
11.5 Maximising Working Time
The Parties agree that crib and lunch breaks
will be staggered for Employees so that work does not cease during crib and
lunch. There will be no unreasonable
interruption to the comfort of employees having lunch and the amenities will be
maintained in a clean and hygienic state all times.
11.6 Project Wide Communication Meetings
The Parties acknowledge that Project wide
communication meetings may disrupt productive work and agree that the Unions
will update their members through the Monitoring Committee.
12. Security
and Access
12.1 Project Security
Civil
& Civic has a commitment to provide a secure Project during
construction. Each Employee will
receive a Security Card issued by Civil & Civic after completing the Civil
& Civic Induction program.
If
an Employee loses his or her Security Card, and after the Employee’s identity
is confirmed, a replacement card will be issued by Civil & Civic.
The
Parties acknowledge that the Project has strict security requirements and that
the following requirements are necessary for the safe and efficient operation
of the Project:
(a)
All Employees must show and display
at all times their Security Card in order to gain access to the site;
(b)
All Employees must attend and
participate in the Project induction to ensure all employees are aware of their
obligation to comply with Federal Airport Corporation’s Safety Regulations;
(c)
All Employees acknowledge that they
are bound by the Federal Airport Corporation’s Security Rules, and all
Employees agree to comply with those Rules;
(d)
All Parties acknowledge that
construction hoardings are erected between the operational zones of the airport
and the Project site. The parties must
not interfere with the hoardings or alter them in any fashion without prior
written permission of the Site Manager.
12.2 Airside
Security Zone
The
Parties further acknowledge the following security requirements necessary for
the safe and efficient operation of construction around the Airside Security
Zone:
(a)
When seeking access within the
Airside Security Zone, Employees must report to the security checkpoint and
show his or her Security Card to the representative of Civil & Civic;
(b)
If an Employee is not able to show
his or her Security Card that Employee will be denied access to the Zone.
12.3 Client
Security Requirements
(a)
The Parties acknowledge that Civil
& Civic’s client has security requirements necessary for the safe and
efficient operation of the Airport Operating Areas and that all Employees and
Employers must comply with these requirements.
(b)
All Parties agree that they must
not impede, adversely affect or delay the operation of the Client Security
Requirements.
12.4 Access
in General
The
Parties acknowledge that the Project has limited access and "free
space" and therefore shall ensure that:
(a) no materials, plant or equipment are
stored outside the construction zone or hoarding alignments without the prior
written permission of Civil & Civic;
(b) where intermittent works between
construction stages is required, a single point of accommodation is provided;
and
(c) designated access ways are used
throughout the project and construction zones.
12.5 Compliance
(a) All Employers and Employees must use
their best endeavours to ensure that they comply with this clause.
(b) All Parties acknowledge and agree that
these requirements are fair and reasonable.
(c) If the Site Manager believes an Employee
has committed a serious breach of any of the rules relating to security, the
Site Manager will discuss this with the relevant Employer. The Employer may then recommend to the
Monitoring Committee that the Employee’s Security Card be re-claimed and that
the Employee is denied further access to the Project.
(d) If the Site Manager believes an Employer
has committed a serious breach of any of the rules relating to security, the
Site Manager will discuss this with the relevant Employer. The Site Manager may then implement
disciplinary action against the Employer, which may include taking all steps
required to remove the Employer from the Project.
13. No Extra Claims
The Parties agree that they will not pursue
extra claims (including but not limited to any claim for a disability
allowance) during the term of this Award.
14. No Precedent
The Parties agree that this Award will in no
way create a claim for flow-on of on-site wage rates and conditions.
15. Single Bargaining Unit
This Award was negotiated by the Labor
Council of New South Wales on behalf of the Unions and by Civil & Civic in
its own right and on behalf of the Employers.
16. 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, age and responsibilities as a carer.
(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 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 the 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.
(3) 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.
(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 to this 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 legislation referred to in this clause.
17. Personal/Carers
Leave
17.1 Use of Sick Leave -
17.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in 17.1.3 (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.
17.1.2 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.
17.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the
employee being responsible for the care of the person concerned; and
(ii) the
person concerned being:
(a) a
spouse of the employee; or
(b) a
de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who
lives with the first mentioned person as the husband or wife of that person on
a bona fide domestic basis although not legally married to that person; or
(c) a
child or an adult child (including an adopted child, a stepchild, 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 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.
17.1.4 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.
17.2 Unpaid Leave for Family Purpose -
17.2.1 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 17.1.3 (ii) above who is ill.
17.3 Annual Leave -
17.3.1 An
employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944 (NSW), 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.
17.3.2 Access
to annual leave, as prescribed in paragraph 17.3.1 above, shall be exclusive of
any shutdown period provided for elsewhere under this award.
17.3.3 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.
17.4 Time off in Lieu of Payment for Overtime -
17.4.1 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.
17.4.2 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.
17.4.3 If,
having elected to take time as leave in accordance with paragraph 17.4.1 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.
17.4.4 Where
no election is made in accordance with the said paragraph 17.4.1, the employee
shall be paid overtime rates in accordance with the award.
17.4.5 For
the purpose only of providing care and support for a person in accordance with
subclause 17.1 above, and despite the provisions of subclause 17.4.1, the
following provisions shall apply.
17.5 Make-up Time -
17.5.1 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.
17.5.2 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.
17.6 Rostered Days Off -
17.6.1 An
employee may elect, with the consent of the employer, to take a rostered day
off at any time.
17.6.2 An
employee may elect, with the consent of the employer, to take rostered days off
in part day amounts.
17.6.3 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.
17.6.4 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 union(s) to participate in negotiations.
Execution
Signed for and on behalf of Lend Lease
Property Services Pty Limited trading as the Civil & Civic Pty Limited by:
_________________________Print
Name:____________________ Date: ____/______/___
Signed for and on behalf of the
Construction, Forestry, Mining and Energy Union (Construction and General
Division) (CFMEU) by:
_________________________Print
Name:____________________ Date: ____/______/___
Signed for and on behalf of the
Communication Electrical Electronic Energy Information Postal Plumbing and
Allied Services Union of Australia (NSW) Branch - Plumbing Division (CEPU) by:
_________________________Print
Name:____________________ Date: ____/______/___
Signed for and on behalf of Australian
Manufacturing Workers Union (Registered as AFMEPKIU) by:
_________________________Print
Name:____________________ Date: ____/______/___
Signed for and on behalf of the Electrical
Trades Union of Australia (NSW Branch) (ETU) by:
_________________________Print
Name:____________________ Date: ____/______/___
Signed for and on behalf of the Transport
Workers Union (TWU) by:
_________________________Print
Name:____________________ Date: ____/______/___
Signed for and on behalf of the Australian
Workers’ Union (AWU) by:
_________________________Print
Name:____________________ Date: ____/______/___
ANNEXURE A
Part A
EMPLOYERS:
Civil & Civic Pty Limited.
Part B
UNIONS:
• Construction,
Forestry, Mining and Energy Union (Construction & General Division) (CFMEU)
• Communication
Electrical Electronic Energy Information Postal Plumbing and Allied Services
Union of Australia (NSW) Branch - Plumbing Division
• Australian
Manufacturers Workers Union (registered as AFMEPKIU)
• Electrical
Trades Union of Australia (NSW Branch)
• Transport
Workers Union of Australia (TWU)
• The
Australian Workers Union (AWU)
ANNEXURE B
PART
1
Schedules
Milestones
Milestone
|
Objective
|
Indicator
|
Assessment
|
1. Program
|
Achieve
target completion dates.
|
• Monitoring
Committee to agree Programme
Milestones with Civil &
Civic’s target construction
programme.
|
|
2. OH&S
|
Reduction
of potential
class
one occurrences.
Compliance
with agreed safe work methods.
|
• Process
achievement through severity,
frequency rates.
• Reduction
in PI’s observed.
• All
employees inducted to Company’s
SWM.
|
|
3. Security
|
Maintain
current high security checks on Project.
|
• Individual
employee identification
cards and database system.
|
|
4. Public Interface
|
Compliance
with current Sydney Airport practices.
|
• Compare
incidents of non- conformance
with requirements and practices.
|
|
5. Lost Time
|
Minimise
unproductive and lost time through industrial disputes.
|
• Adhere
to resolution clauses within
Project Agreement.
|
|
PART
2
Program
Milestones.
Milestone
1
|
ITB
Departures Check in 6 & 5
|
30/06/99
|
Milestone
2
|
Arrivals
Hall - Reclaim 8 & 7
|
26/05/99
|
Milestone
3
|
Arrivals
Hall - Open New Arrivals Hall (incl. Retail)
|
25/05/99
|
Milestone
4
|
Arrivals
Hall - Open new Custom Hall (final Fitout)
|
01/07/99
|
Milestone
5
|
Pier
B North - Stage 2 Retail
|
17/12/99
|
Milestone
6
|
Pier
B South - Complete Fitout
|
30/09/99
|
Milestone
7
|
Northern
Concourse - Complete Enclosure
|
25/05/99
|
Milestone
8
|
Pier
C - Complete Structure
|
06/05/99
|
Milestone
9
|
Pier
C - Final Works
|
17/12/99
|
B. W. O'NEILL, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.