HILL WINE
GROUP STORAGE FACILITY PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Labor
Council of New South Wales, State Peak Council of employees.
(No. IRC 3781 of 2001)
|
Before The Honourable
Justice Walton, Vice-President
|
23 July 2001
|
AWARD
1.
Arrangement
Clause No. Subject Matter
1. Arrangement
2. Introduction
3. Objectives
3.1 Work
Organisation
3.2 People
Development/Skills
3.3 Environment
& Safety
3.4 Generally
4. Definitions
5. Application
6. Duration
7. Industry
Standards
7.1 Superannuation
and Redundancy
7.2 Top
Up/24 Hour Income Protection Insurance
7.3 Productivity
allowance
7.4 Payment
of the productivity allowance
7.5 Changing
the Program and Scheduled Milestones
8. Environment,
Health, Safety and Rehabilitation (EHS&R)
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 The
Site Management Plan
11.4 Rostered
Days Off
11.5 Maximising
Working Time
11.6 Hours
of Work
12. Immigration
Compliance
13. Long
Service Compliance
14. No
Extra Claims
15. No
Precedent
16. Single
Bargaining Unit
17. Job
Delegates
18. Visiting
Union Officials
19. Australian
Content
20. Protective
Clothing
21. Workers
Compensation and Insurance Cover
22. Avoidance
of Employee Entitlements
23. Apprentices
24. Training
and Workplace Reform
25. Subcontractor
Employee 24hour Death Cover
26. Anti-Discrimination
27. Personal/Carers
Leave
27.1 Use
of Sick Leave
27.2 Unpaid
Leave for Family Purpose
27.3 Annual
Leave
27.4 Time-off
in Lieu of Payment for Overtime 199
27.5 Make-up
Time
27.6 Rostered
days off
Annexure A
Annexure B
2.
Introduction
The Parties to this Award acknowledge that enterprise
bargaining is an appropriate way for employers and employees (and their unions)
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 into agreements
applicable to the project. This Award
is intended to supplement existing enterprise agreements and be a framework
document to assist the Employers 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 works given to Bovis Lend Lease
by their client.
3.
Objectives
The Parties agree to continue to develop and implement the
following objectives in respect of the following four 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, Employees and Unions
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work; and
(f) Increase 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
and Safety
(a) Provision of
high standards of occupational health & safety on the Project;
(b) Improved
impact of the Project on the environment.
3.4 Generally
(a) Implementation
of this Award, and compliance with all relevant statutory provisions;
(b) Elimination of
unproductive time.
4.
Definitions
"Award" means this Hill Wine Group Storage
Facility Project Award made between the Parties.
"Bovis Lend Lease" means Bovis Lend Lease Pty
Limited (A.C.N. 000 098 162) of Tower 13, Australia Square, Sydney NSW 2000.
"Building Awards" means each of the National
Building and Construction Industry Award 1990; the Plumbing Industry (NSW)
Award; Plumbers & Gasfitters (State) Award; Sprinkler Pipe Fitters Award;
Electrical, Electronic & Communications Contracting Industry (State) Award;
Building Tradesmen (State) Award; Mobile Crane Hirers Award; Landscape
Gardeners On Site Building And Construction (State) Award and the National
Metal & Engineering On-site Construction Industry Award 1989.
"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 Bovis Lend Lease and/or any
subcontractor engaged by Bovis Lend Lease to work on the Project, including
subcontractors` respective subcontractors plus other subcontractors engaged by
Bovis Lend Lease and/or subcontractors for this project post Award signing.
"Enterprise Agreement" means an agreement
registered or certified under the Workplace Relations Act (Cth) 1996 or
approved under the Industrial Relations
Act 1996.
"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, as determined
by Bovis Lend Lease’s Client.
"Programme Milestones" means the milestones listed
in Part 2 of Annexure B as amended by the Project Manager from time to time.
"Project" means the construction works contracted
Bovis Lend Lease by the Hill Wine Group at 8 Egerton Street, Silverwater, NSW.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by Bovis Lend Lease from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and
Safety Act 1983
"Site Management Plan" means the project or site
management plan, a copy of which can be located at the office of the Project
Manager.
"Scheduled Milestones" means those targets
described in Part 1 of Annexure B as amended under Clause 7.4 from time to
time.
"T.E.T.A" means Transport Education Training
Australia.
"Unions" means each of the Unions listed in Part 2
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.
(e) 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.
(f) The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for work on this Project.
6.
Duration
This Award shall operate on and from 1 November 2000 until
Practical Completion of the project.
7.
Industry Standards
7.1 Superannuation
and Redundancy
The Employer must comply with its Building Award,
Enterprise Agreement or legislative obligations in respect of superannuation
and redundancy.
(a) The Parties
acknowledge that a contribution of $75.00 per week be made to the
superannuation fund nominated in the Building Awards being C+BUS; NESS; STA or
other schemes approved by the parties. This contribution will increase to
$80.00 per week from 1 July 2001.
(b) The Employers
will make a contribution of $56 per week (increasing to $61 per week from 1
July 2002) into ACIRT or MERT unless there is an alternative arrangement to the
satisfaction of the individual Employer’s employees and the parties to this
Award.
7.2 Top
Up/24 Hour Income Protection Insurance
Each Employer will provide Workers Compensation
Top-Up/24 Hour Income Accident Insurance with the CTAS scheme or other similar
schemes which are approved by the parties to this Award.
7.3 Productivity
allowance
(a) Provided the
Scheduled Milestones and the Program Milestones are met, the Employer will pay
a productivity allowance for each hour worked on the Project.
(b) The maximum
amount paid as productivity allowance under this Award is $1.00 per hour
worked.
(c) The Project
Manager will determine whether the Scheduled and Program Milestones have been
achieved and if the Milestones have been met, the Project Manager will advise
the Employers and the Monitoring Committee accordingly.
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 and
Scheduled Milestones
The Parties agree to use their best endeavours to meet
or exceed the Schedules and Program Milestones.
The productivity allowance shall be calculated and paid
as follows:
the Project Manager will review the works monthly and
will verify the achievement of the Program and Scheduled Milestones;
the Project Manager will advise the client as to
whether the relevant Program and Scheduled Milestones have been achieved;
if the relevant Program and Scheduled Milestones are
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 or Scheduled Milestone is
not achieved, the Monitoring Committee shall meet with the Project Manager to
determine:
(i) the reason
why the milestone target was not
achieved;
(ii) the action
required to catch up the next milestone target.
If a Program Milestone or Scheduled Milestone is not
achieved for two consecutive months:
(i) 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.
(iii) Payment shall
be calculated on an hours worked basis only and shall not include any
calculation of award or other entitlements.
(iv) The Parties
agree that achievement of the identified Scheduled Milestones shall be
determined by Bovis Lend Lease's client and the Labor Council of NSW in
conjunction with the Unions.
(c) 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 $1.00 per hour after he or she is required,
by their Employer to be involved on the Project for longer than two hours in
any calendar day.
(d) Potential for
part-payment
When deciding whether to pay the productivity
allowance, the Project Manager may recommend part-payment of the allowance
based on part-performance of the Scheduled Milestones or the Program
Milestones.
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 Project
Manager, agree and set new Scheduled and Program Milestones.
8.
Environment, Health, Safety and Rehabilitation (EHS&R)
8.1 Induction
(a) All Employees
must attend an agreed EHS&R induction course as and when required.
(b) The Parties
recognise the EHS&R induction training provided by T.E.T.A. for casual and
permanent transport workers.
8.2 Environment,
Health and Safety Plans
All Employers must submit an environment, health safety
and rehabilitation management plan, in accordance with the Safety Alliance for
the Construction Industry "S" Pack, to Bovis Lend Lease. 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) Industry
induction of Employees;
(e) monitoring
performance and improvement of work methods;
(f) reporting of
all incidents;
(g) compliance
verification; and
(h) regular
EHS&R meetings, inspections and audits of the Project.
8.3 The
Safety Committee
The Safety Committee will be properly constituted and
will abide by the agreed procedures as defined in its constitution and as
revised from time to time. 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 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 clause 6.3 of 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 that 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.
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 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, Bovis Lend Lease and the appropriate
Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Bovis Lend Lease
NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), the Employer may notify the dispute to
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 out in the Industrial
Relations Act 1996.
(g) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes.
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 Bovis Lend Lease and the Union
delegate;
(c) Discussion
between site management representatives of Bovis Lend Lease and the Union
organiser;
(d) Discussion
between senior management of Bovis Lend Lease and the appropriate Union
official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Bovis Lend Lease
NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), the Employer may notify the dispute to
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 out in the Industrial
Relations Act 1996.
(g) Work shall
continue without interruption or dislocation during discussion and resolution
of the dispute.
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.
10.
Monitoring Committee
(a) The Parties
will establish a committee to monitor the success of this Award.
(b) This
Monitoring Committee will meet at the commencement of construction and then at
monthly intervals or as required during construction on the Project.
(c) 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:
developing more flexible ways of working;
enhancing occupational, health and safety;
productivity plans, and
inserting new scheduled milestones into Annexure 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 or as required 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 Bovis
Lend Lease implementation of commitment to skill enhancement and workplace
reform while working on the Project.
11.2 Inclement
weather
The Parties to this Award will collectively proceed
towards the minimisation of lost time due to inclement weather.
Further, the Parties are bound 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 (provided that
the Employer shall provide transport to such unaffected area where necessary);
(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 Plan
(a) The Parties
agree that the Site Management Plan ("the Plan") is of paramount
importance to the productive and efficient operations of the Project.
(b) The Parties
agree that they will comply with the Plan.
(c) The Plan
consists of sub-plans covering the following areas:
deliveries, materials handling and personnel movement;
pedestrians, visitors and members of the public;
existing operators and neighbours;
protection of existing trees;
construction noise;
hours of work;
waste management and clean up;
behaviour on site.
(d) If the Project
Manager considers that an Employee or Employer has committed a serious breach
of the plan, the Project Manager will discuss this matter with the relevant
Employer and Union. After this
discussion the Project Manager may recommend that the Employee/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 and 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. It is acknowledged that different
arrangements in relation to the banking of RDO`s may apply to members of the
CEPU.
Where practicable,
Saturday work prior to the published industry RDO`s will not be worked.
11.5 Maximising
Working Time
The Parties agree that crib and lunch breaks may be
staggered for Employees so that work does not cease during crib and lunch. There will be no unreasonable interruption
of the comfort of employees having lunch and the amenities will be maintained
in a clean and hygienic state at all times.
11.6 Hours
of Work
Ordinary hours of work shall take place 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.
12.
Immigration Compliance
The Parties are committed to compliance with Australian
immigration laws so as to ensure maximum work opportunities for unemployed
permanent residents and Australian citizens.
Employers will be advised by Bovis Lend Lease of the importance of
immigration compliance. Where there is concern that illegal immigrants are
being engaged by an Employer on the Project, Bovis Lend Lease will act
decisively to ensure compliance.
13.
Long Service Compliance
If applicable, in accordance with the NSW Building and
Construction Industry Long Service Leave
Act, no Employee will be engaged on site unless he or she is a worker
registered under the relevant long service leave legislation. All Employers (if
applicable) engaged on site will be registered as employers in accordance with
the NSW Building and Construction Industry Long Service Payments Act and will
strictly comply with their obligations.
14.
No Extra Claims
The Parties agree that they will not pursue extra claims in
respect of matters covered by this Award (including but not limited to any
claim for a disability allowance) during the term of this Award.
15. No Precedent
The Parties agree not to use this Award as a precedent and
that this Award will in no way create a claim for flow-on of on-site wage rates
and conditions.
16.
Single Bargaining Unit
This Award was negotiated by the Labor Council of New South
Wales on behalf of the Unions and by Bovis Lend Lease in its own right and on
behalf of the Employers.
17.
Job Delegates
Job delegates of the respective Unions will be recognised by
the Project Manager and the Employers. The names of delegates should be advised
to the Project Manager. Delegates will be given appropriate time and facilities
to assist them in their duties. Delegates will be given the opportunity for
relevant paid trade union training and time to attend union meetings authorised
by the Secretary of the relevant Union, or his or her nominee.
18.
Visiting Union Officials
Where practicable, Union officials (party to this Award)
before going onsite, shall call at the site office and introduce themselves to
a Management representative of the Employer, prior to pursuing their union
duties on site.
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.
Union officials with the appropriate credentials shall be
entitled to inspect all such wage records, other payment records and related
documentation necessary to ensure that the Employer are observing the terms and
conditions of this Award.
All such wages books and other payment records shall be made
available within 48 hours on site or at another convenient, appropriate place,
provided notice is given to the Employers and the Project Manager by the Union.
Such inspections shall not take place unless there is a
suspected breach of this Award, the appropriate Building Awards or the
Industrial Relations Act.
19.
Australian Content
The Project Manager shall endeavour to maximise Australian
content in materials and construction equipment on the Project where practical
and feasible.
20.
Protective Clothing
Employers will provide their Employees engaged on site with
Australian made protective clothing on the following basis:
Safety Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on site and will
be replaced on a fair wear and tear, provided they are produced to the Employer
as evidence.
Clothing
Two sets of protective clothing (combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year as a result of fair wear and tear and are produced to the
employer as evidence.
Jackets
Each person, after accumulated employment on site of
152 hours shall be eligible to be issued with warm bluey jacket or equivalent,
which will be replaced once per calendar year on a fair wear and tear basis.
In circumstances where any Employee(s) of either
Employers are transferred to the Project from another project where an issue of
equivalent clothing was made, then such Employees shall not be entitled to an
issue to this project until the expiry of the calendar year or on a fair wear
and tear basis.
Employees who receive from their Employer an issue and
replacement of equivalent clothing and/or safety footwear as part of the
company’s policy or EBA shall not be entitled to the provisions of this clause
21.
Workers Compensation and Insurance Cover
Employers must ensure that all persons that they engage to
work on the project are covered by workers compensation insurance.
Bovis Lend Lease will audit Certificates of Currency from
each Employer engaged on site to ensure that the wages estimate and tariff
declared for the type of work undertaken is correct. This information will be
available to accredited Union officials on request.
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.
Employers must ensure that they are aware of and will
abide by Sections 63 to 69 of the Workers
Injury Management and Workers Compensation Act 1998, which provide that:
The Employer shall keep a register of injuries /site
accident book in a readily accessible place on site;
All Employees must enter in the register any injury
received by the Employee. The Employer must be notified of all injuries on site
immediately.
An Employer who receives a claim for compensation, must
within seven (7) days of receipt, forward the claim or documentation, to their
insurer;
An Employer who receives a request from their insurer
for further specified information must within seven (7) days after receipt of
the request, furnish the insurer with the information as is in the possession
of the Employer or reasonably obtained by the Employer.
An Employer who has received compensation money from an
insurer shall as soon as practicable pay the money to the person entitled to
the compensation.
22.
Avoidance of Employee Entitlements
The Parties will note engage in all-in-payments or sham
subcontract arrangements designed to avoid and underpay award and statutory
obligations.
23. Apprentices
As part of the Project’s commitment to learning and skills
development, a ratio of one apprentice/trainee to every five tradespersons
within each Employer’s workforce is to be maintained.
24.
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.
25.
Subcontractor Employee 24hour Death Cover
Bovis Lend Lease will effect and maintain 24 hour death
cover of $25,000 for all Employees of Subcontractors whilst they are directly
engaged on the Project. Such payment will be made within 14 days of the
production of appropriate documentation. This cover will be maintained for a
carry over period of 30 days unless the Employee is covered for 24 hour death
cover by another principal contractor.
26.
Anti-Discrimination
(a) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with fulfilment of these obligations for the parties to make application to
vary any provision of the Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(c) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an Employee because the Employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977
(iv) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
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 this 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 of the adherents of that religion.”
27.
Personal/Carer's Leave
27.1 Use
of Sick Leave:
(a) An Employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in clause 27.1(c)(ii) who needs the Employee’s care and support,
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, for absences to provide care and support, for
such persons when they are ill. Such leave may be taken for part of a single
day.
(b) The Employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person, In normal circumstances, an
Employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the Employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian)
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the Employee as the de factor partner of that Employee
on a bona fide domestic basis; or
(e) a relative of
the Employee who is a member of the same household, where for the purposes of
this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other: and
3. "household"
means a family group living in the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the Employee shall notify the Employer by
telephone of such absence at the first opportunity on the day of absence.
27.2 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 27.1(c)(ii) above who is ill.
27.3 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 27.3(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.
27.4 Time-off
in Lieu of Payment for Overtime:
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph 27.4(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 27.4(a), the Employee shall be
paid overtime rates in accordance with the Award.
27.5 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.
27.6 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.
ANNEXURE A
(PARTIES)
Part 1
EMPLOYERS:
Bovis Lend Lease Pty Limited
Part 2
UNIONS:
The Labor Council of New South Wales (The Labor Council)
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;
Automotive Food Metals Engineering Printing & Kindred
Industries Union (also known as AMWU)
Electrical Trades Union of Australia (NSW Branch)
Transport Workers Union (TWU)
ANNEXURE B
Part 1
Scheduled Milestones.
|
Milestone
|
Objective
|
Indicator
|
Assessment
|
|
1. Program
|
Maintain programme
|
Co-ordination meetings.
|
Marked up
|
|
|
|
|
programme
|
|
2. EH&S
|
Minimise Accidents and
|
•Safety Meetings
|
Safety Statistics
|
|
|
Incidents
|
Safety Plans
|
|
|
3. Quality
|
Nil defects at handover
|
QA Checklists
|
Consultants
|
|
|
|
|
signoff
|
|
4. Tree Protection
|
Environmental
|
Environmental
|
Environmental
|
|
|
management
|
Plan
|
measures
|
|
5. Noise
|
Minimise noise
|
Safety plan
|
Feedback
|
Part 2
Program Milestones.
|
Milestone 1
|
Civil Works completed
|
4 December 2001
|
|
Milestone 2
|
Warehouse Construction Completed
|
31 May 2001
|
|
Milestone 3
|
Office Construction Completed
|
15 June 2001
|
|
Milestone 4
|
Maintain Handover Date
|
15 June 2001
|
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.