ILLAWARRA WASTEWATER STRATEGY PROJECT CONSENT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Industry Group New South Wales Branch, industrial organisation of
employers.
(No. IRC 4897 of 2002)
|
Before Commissioner
O'Neill
|
22 October 2002
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AWARD
TABLE OF CONTENTS
1. Parties
to this award
2. Objectives
3. Application
of the award
4. Commitment
5. Duration
6. Maximise
working hours
7. Project
safety
8. First aid
9. Amenities
10. Drugs and
alcohol
11. Protective
clothing
12. Workers
compensation and insurance cover
13. Training
14. Project
specific productivity allowance
15. Industry
convention
16. Award and
statutory requirements
17. Superannuation
18. Redundancy
19. Top up insurance
24-hour accident cover
20. Job
delegates
21. Visiting
union officials
22. Demarcation
disputes
23. Dispute
settlement procedure
24. Site
meetings
25. Work
practices
26. Apprenticeship
Provision
27. Immigration
Compliance
28. No extra
claims
29. Definitions
30. Not to be
used as a precedent
31. Anti-Discrimination
32. Signatories
Appendix 1 - Procedures for Demarcation Dispute
Appendix 2 - Program Milestone and Target Dates
Appendix 3 -Federal and State Awards
1. Parties to This
Award
The parties and signatories to this Charter and Project
Award are as follows:
Construction, Forestry, Mining and Energy Union (New
South Wales Branch).
The New South Wales Plumbers and Gasfitters Employees'
Union.
Electrical Trades Union of Australia, New South Wales
Branch.
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch.
Transport Workers' Union of Australia, New South Wales
Branch.
The Australian Workers' Union, New South Wales.
Labour Council of New South Wales.
WALTER - Vivendi Joint Venture.
2. Objectives
The WALTER - Vivendi Joint Venture, (WVJV) shall accept the
responsibility to ensure that all parties involved in this project understand
and commit to the implementation of this Project Award.
The objectives of the parties are to:
(a) To create and
maintain a constructive, non-adversarial relationship between the WVJV,
subcontractors and the Unions through good communication procedures and
cooperative attitude.
(b) Implement best
practice procedures to ensure the highest standard of occupational health and
safety on the Project.
(c) To ensure all
employees receive their proper entitlements under the applicable awards, and
enterprise agreements that apply to their employment.
(d) To promote
innovation on the Project resulting in improved working conditions and
productivity and improved quality resulting in minimal defects and rework.
(e) To maintain the
Project milestones in regard to the programme.
(f) To provide a
site based Project Award in compliance with the NSW Government and Australian
Federal Government Code of Practice for the Construction Industry and Implementation
Guidelines.
(g) To recognise
the special environment in which this Project is to be constructed.
(h) To promote and
implement improved training and site management practices.
(i) To allow all
work to continue without any interruptions during the construction period by
the resolution of site issues and personnel concerns through good
communications and an agreed process of consultation and dispute resolution.
3. Application of the
Award
This award shall apply to and be binding upon WVJV, all the
Sub Contractors and all of their employees and the Unions represented on this
project.
It will be a contractual requirement that all contractors
and subcontractors employed on the project adhere to the terms of this Award.
Where Contractors or Subcontractors engaged on the Project have
their own Enterprise Agreements, the provisions of those agreements continue to
apply in relation to this project. However, where this Award establishes higher
terms and conditions than those created by such an Agreement, the higher
standards in this Award shall apply. Where there is an inconsistency between
this Award and any other Enterprise Agreement or other Agreements, the terms
and conditions of this Award shall apply.
Nothing in this Award shall prevent any party from
negotiating a Enterprise Agreement in accordance with the provisions of the
relevant Act in consultation with the relevant parties to the Award during the
life of the Award.
Enterprise Agreements, which expire during the life of this
Project, shall be renegotiated in a fair and equitable manner.
Any issues concerning the application of the provisions of
this Award will be resolved strictly in accordance with the provisions
contained in clause 23 of this award.
This Award does not apply to off site or purely incidental
activities such as delivery of site materials or couriers.
This Award shall not apply to employees of Government
Departments, Authorities, Corporations or Instrumentalities y’s, except
where such agencies have been contracted to perform major construction works on
this Project. The construction of works
incidental to the project by such agencies, their employees, contractors, or
subcontractors is specifically excluded from this Award. The Award does not
apply to off site or purely incidental activities including persons entering
the Project to deliver, unload or to pick up goods, materials or other persons
or service equipment.
4. Commitment
All Parties to this award are committed to:
be bound to this award for the term of the project
not to seek to vary the award
achieving the project milestones
avoid disputes and implement the dispute resolution
procedures in this award if necessary
ensure all site personnel receive their statutory
entitlements under this Award, Awards, Enterprise Agreements and other statutes
develop a culture to facilitate the construction of a
quality wastewater plant.
5. Duration
This award shall apply from 1 March 2002 and will remain in
force until Practical Completion of the project. is achieved in
accordance with the Contract Conditions.
6. Maximise Working
Hours
Inclement Weather
The parties agree that should inclement weather or unsafe
climatic conditions affect any section of the project, employees affected will
be transferred to another section of the project or on to another project to
carry out productive work. All parties
will adopt a reasonable approach as to what constitutes inclement weather.
The parties also agree that inclement weather does not
automatically create unsafe working conditions. No employee will be expected to work in unsafe working conditions
due to inclement weather.
The parties also agree to work collectively towards
minimisation of lost time due to inclement weather. Further, the parties undertake to adopt the following principles
and procedures with regard to inclement weather:
(a) Where
employees can not be transferred for productive work, employees will make
themselves available for activities such as relevant and meaningful skill
development, OH&S training and participate in learning, planning and
re-programming of the project.
(b) All parties
are committed to an early resumption of work following any cessation of work,
which may result from inclement weather. This shall include all construction workers
being involved in de-watering and mopping up operations
(c) If it is
necessary and consistent with safe working practices to walk through inclement
areas in order to get to or make safe areas, the relevant employer will provide
appropriate protective gear.
(d) The practice
of "one out, all out" will not occur.
(e) Should a
portion of the project be affected by inclement weather, all other employees
not so affected shall continue working regardless of the fact that some
employees may not be gainfully employed due to inclement weather.
Working Hours
The parties agree that to achieve the Project Milestones and
complete the Project successfully it is necessary that the time available for
productive work as defined in the Environmental Management Plan will be
maximised as required by the Project Manager.
Crib and lunch breaks may be staggered for individual
contractors, sub-contractors and employees so that work does not cease during
crib and lunch breaks. It is not
intended that these arrangements breach any Award or Enterprise Agreement or
other Agreement.
In order to provide the flexibility required for the working
hours on this project, the ordinary hours of work shall be 8 hours per day
between 7.00am and 6.00pm Monday to Friday. 7.00 a.m. and 6.00 p.m. on
Saturdays.
Rostered days off (RDO’s) may be changed with consultation
and agreement, so as to coincide with the taking of gazetted public holidays or
any other similar events, which can affect a significant proportion of
employees and thus minimise absenteeism and provide greater flexibility for
employees on such occasions.
Appropriate supervision, first aid trained personnel and
first aid facilities will be provided on RDO’s when worked and during shift
work for site personnel.
The taking of RDO’s may be altered with consultation and
agreement in order to improve productivity by the exercising of a flexible
arrangement in respect to the spreading of employees taking RDO’s, which
include consideration of the employers and the employee’s needs. Where RDO’s
are banked the employer will maintain appropriate records.
All provisions of this award shall apply when an RDO is
worked and shall be regarded as a normal day.
All demarcation disputes, which arise on the project, shall
be resolved strictly in accordance with the procedures of
the Memorandum of Understanding and the NSW Building Industry Agreement 1987 (Appendix
1). Work in dispute will continue normally while these discussions continue and
until the dispute is settled.
There shall be no lost time from any dispute arising between
the unions and any contractor or subcontractor while all the steps of the
dispute settling procedure are being followed.
In the case of any areas of work being declared unsafe by
the Project Manager in consultation with the Safety Committee, employees will
be redirected to work in safe working areas.
Work shall continue in any or all areas deemed to be safe by the Project
Manager in consultation with the Safety Committee.
7. Project Safety
The project is committed to achieving the highest standards
of health and safety on the project.
The Project Safety Management Plan provides the minimum
Safety standards to be implemented on the Project and includes a Project
Specific Induction, which is to be completed by all persons prior to
commencement of work on the site. The induction covers the key safety topics of
Project Personnel, Access and Site Hours, Emergency Evacuation Procedures, Site
Policies, First Aid policies, Cleanliness and Housekeeping, High Risk Safety
Areas and General Safety.
Contractors, subcontractors and employees on the project
shall provide a safe place of work in accordance with their obligations under
the Occupational Health and Safety Act
2000, Occupational Health and Safety Regulation 2001, applicable NSW
WorkCover Authority Codes of Practice and comply with the
Project’s Safety Management Plan.
Contractors and All subcontractors will be required to have
their own Safety Plan, which have been developed in conjunction with their
workers. Toolbox talks will be conducted to explain the plan and safety
induction programs may be held for all contractors, subcontractors and
employees. Each subcontractor will induct their employees in the contents of
their individual safety plan and associated procedures.
No person shall work in a Class 1 or 2 risk assessed
activity unless they have received training in the applicable safe work
procedures for that activity.
All employers and employees are to be involved with on site
safety and how it is to be implemented. Copies of approved Safe Work Procedures
are to be registered and stored on site by the Project Manager or his
representative. Safe Work Procedures
are to be strictly adhered to.
Should a safety dispute arise as to whether one or more work
areas are safe or not, the following procedures shall apply.
The area shall be immediately quarantined and employees
moved to other safe areas of the project.
Employees shall not leave the site unless directed to
do so by their employer or in the event of an emergency.
Both the contractor and employee representatives of the
relevant Safety Committee involved will carry out immediate inspection of the
affected work area.
The Project Manager or their representative in
consultation with the Safety Committee will select the sequence of inspections
of areas to ensure the earliest resumption of work for the majority of the
workforce.
The inspection shall identify the safety rectification
work required in each area.
As safety rectification work is agreed for each area,
all relevant employees shall immediately commence such rectification works.
Upon verification by the Project Manager or his
representative that such rectification has been completed, normal work will resume
progressively in each area.
Should any dispute arise as to the rectification work
required to any area, then the contractor will immediately call the designated
NSW WorkCover Authority
inspector to recommend the required rectification work. The NSW WorkCover Authority
inspector’s decision will be binding on all parties.
Nothing herein shall negate or contradict any obligations
under The Occupational Health and Safety
Act 2000 and Occupational Health and
Safety Regulations 2001.
Employees’ elected safety representatives shall be allowed
the necessary time off with pay to attend an accredited Occupational Health and
Safety Committee training course and accredited safety refresher courses where
these qualifications do not already exist.
Induction
training will be provided in accordance
with the requirements of the WorkCover Code of Practice - Safety Induction Training for Construction Work 1 April 1999.
8. First Aid
A properly equipped First Aid facility will be provided where
site numbers require this. The facility will be provided with a certified First
Aid Officer in accordance with the appropriate requirements of the Occupational
Health and Safety Regulation 2001 (clause 20) and legislative provisions.
9. Amenities
Amenities on the project shall be of a consistent standard
and shall comply with the standards laid down in the relevant Award, WorkCover
Authority Code of Practice and/or State Legislation.
10. Drugs and Alcohol
Under no circumstances will any employee affected by alcohol
or any drug be permitted to work on the project.
Further, no alcohol/drugs will be permitted on the
construction site during working hours.
All contractors, subcontractors and employees will encourage
the principles enunciated in the Building Trades Group of Unions Drug and
Alcohol Policy to be adopted and implemented by the site safety committee for
this project
11. Protective
Clothing
Contractors and subcontractors will provide their employees engaged
on site with 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 basis, provided they are produced to the
employer as evidence.
Clothing
Two sets of protective clothing (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 one 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 contractors
or subcontractors 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 on 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.
12. Workers
Compensation and Insurance Cover
Contractors and subcontractors must ensure that ALL persons
that they engage to work on the project are covered by workers compensation
insurance.
Contractors, subcontractors and their employees must comply
with the following steps to ensure expedited payment of workers compensation:
All employees will report injuries to the project first
aider and their supervisor at the earliest possible time after the injury.
All employees will comply with requirements for making
a workers compensation claim, including the provision of a medical certificate,
at the earliest possible time after the injury. This information will also be
supplied to the project first aid officer.
In cases where the employee is unable to comply with
the above, the relevant employer will assist in fulfilling requirements for
making a claim.
Contractors and subcontractors must ensure that they
are aware of and will abide by Workers Compensation
Legislation Amendment Act 2001, which provide that:
The contractor/subcontractor 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
contractor/subcontractor must be notified of all injuries on site immediately.
An employer who receives a claim for compensation, or
any other documentation in respect of a claim for compensation, must within 48
Hours of receipt, forward the claim or documentation, to their insurer together
with supporting information.
An employer who receives a request from their insurer
for further specified information must within the time frame specified by the
insurer, 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.
13. Training
The project delivery team will actively encourage
contractors and subcontractors to develop specific employee training programmes
that are appropriate to the needs of:
The project
Each contractor or subcontractor
Each employee
Training may be implemented during periods of inclement
weather for those employees for whom work in an undercover work area is not
available. Because such training could
be available on demand (eg inclement weather), it may comprise in some part
video material. Workshops conducted by
each contractor and subcontractor, supplemented from time to time by material
and/or presentations by others will make up the balance of the training
provision.
There will be further discussions by all parties to identify
training opportunities within the bounds of the respective enterprise agreement
and/or other agreements but specific training opportunities are identified in
the following areas:
Working safely
Work method statements - their preparation and use
Quality assurance
Literacy and Plan reading
Environmental Issues -noise, dust, run off, pollutants,
recycling and waste
minimisation.
It is also expected that additional training or information
sessions may be generated from the varying construction systems and approaches,
which will be employed on this site.
14. Project Specific
Productivity Allowance
The
implementation of the commitments and provisions of this award are intended to deliver substantial increases in efficiency, productivity and quality on this Project.
The
improvements will be demonstrated through the achievement of Milestones and
Targets. These Milestones and targets are structured to ensure the early delivery of the
Project.
A Project
Specific Productivity
Allowance will be paid for achieving the Milestones and Targets.
The
Project Specific Productivity
Allowance shall be $3.00 per hour for actual hours
worked.
It is expected that serious,
committed focus on the principles of the Agreement as outlined above will lead
to substantial increases in efficiency and productivity of work on the project.
These improvements will be
objectively measured against the following criteria
A/ Milestones in the construction
programme
B/ Reduction of defects and rework
C/ Lost Time Injuries
D/ Repeated Items on Safety Minutes
E/ Recycling Targets
Targets for (A) are set out at
Appendix 2, targets for (B – E) are set in Appendxix 3.
In recognition of the increase in
the productivity of the workforce engaged on the project site, employees covered
by this agreement shall be paid a productivity allowance on the following
basis.
A sum of $1.50 per hour for actual hours worked will be paid provided that
The milestones and targets set out
in Appendices 2 and 3 are achieved.
IIn the case that the milestones and targets are
not met and there are no extenuating circumstances, the productivity payments
may cease until work is back on programme to reach the next milestones and
targets. This shall be done with consultation with the relevant unions and/or
their representatives.
This allowance is not subject to penalty or premium nor is
it payable in standown situations. The allowance will remain in place without
variation for the life of this award.
The Project Specific Productivity Allowance is in lieu of
the provisions of clause 24.4 & 25 of the National Building and
Construction Industry Award 2000, clause 16 of the Electrical Contracting
Industry (State) Award 1992, and clause 10 of the National Metal &
Engineering On-Site Construction Industry Award 1989, or relevant clauses in
the appropriate award.
The Project Manager will ensure that this Award is
contractually binding on all contractors and subcontractors. The above project specific productivity
allowance is paid on top of any allowances within a company’s Enterprise
Agreement and/or other Agreement except where individual Enterprise Agreements
specifically provide for the absorption, or part absorption of the Project
Specific Productivity Allowance. There shall be absolutely no claim for the
payment of the allowance contained in this clause, i.e. no double dipping.
This Project Specific Productivity Allowance is paid in
recognition of productivity gains that are to be achieved through efficiencies
gained arising from project wide co-ordination. This Project Specific
Productivity Allowance shall absorb any industry Site and Project Allowances
15. Industry
Convention
The parties are aware of the convention of some contractors and
subcontractors in the building industry, making payments to their employees in
excess of the relevant awards or enterprise agreements and/or other agreements,
by private treaty or for incentive purposes or for the purpose of attracting
labour and will not seek as a consequence to change this Project Award.
Project Conditions and Procedures
16. Award and Statutory
Requirements
All Contractors and Subcontractors will abide by the terms
of the Project Award, any relevant Enterprise Agreement and or other
agreements, awards and statutory requirements.
All in payments and cash in hand payments designed to avoid
award or statutory requirements are prohibited on the Project.
All parties acknowledge and agree that the Project Project
Manager has the right to utilise one or more Contractors on the
project for the performance of work and that all contracts are to be in
writing.
17. Superannuation
Contractors and subcontractors shall comply with the
applicable award or enterprise agreement and/or other agreement and legislative
obligations in respect of superannuation.
Contractors and Subcontractor who do not have or have not finalised
Enterprise Agreements will contribute at $75 per week into an agreed fund.
18. Redundancy
Contractors and subcontractors shall comply with the
applicable award or enterprise agreement and/or other agreement and legislative
obligations in respect of redundancy.
Contractors and Subcontractors who do not have or have not finalised
Enterprise Agreements will contribute into an agreed fund at $60 per week.
19. Top Up
Insurance/24-Hour Accident Cover
The contractors and Subcontractors engaged by the Company
shall effect a Top up Worker compensation insurance/24 hour Accident Income
Protection cover with an agreed Insurer at the agreed Industry level of
benefits.
20. Job Delegates
Job delegates of the respective unions will be recognised by
the Project Manager, the Contractors and their Subcontractors. The names of delegates
should be advised to the Project Manager. Delegates will be given appropriate
time to assist them in their duties.
In order to assist the delegate to effectively discharge his
or her duties and responsibilities, the delegates shall be afforded paid time
off work to attend relevant Union training courses.
21. Visiting Union
Officials
Union officials (party to this award) before going on to the
site, shall call at the site office and introduce themselves to a Management
representative of the Company, prior to pursuing their union duties on site.
Union officials shall produce their Right of Entry permits
if requested and observe the relevant award, 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 wages books and payment records necessary to ensure
that the subcontractors are observing the terms and conditions of this award
and Subcontractors engaged on site.
All such wages books and payment records shall be made
available within 48 hours on site or at another convenient, appropriate place,
provided notice is given to the contractors and subcontractors and the Project
Manager by the union. Such inspections
shall not take place unless there is a suspected breach of this award or an
appropriate Award or Act.
22. Demarcation
Disputes
All demarcation disputes, which arise on the project, shall
be resolved strictly in accordance with the principles of ACTU demarcation
policy (Appendix 1). Work in dispute
will continue normally while these discussions continue.
23. Dispute
Settlement Procedure
(a) Disputes on
any work related or industrial matter should be dealt with as close to its
source as possible. However, the Project Manager must be advised of all
strategies and developments and be given the opportunity of attending all
meetings.
(b) An employee or
the union delegate should initially submit any work related or industrial
matter to the Contractors/Subcontractors, or site foreperson, supervisor or
other appropriate site representative.
(c) If the issue
remains unresolved the union delegate may then submit the issue to the
appropriate senior management person of the Contractor/Subcontractor.
(d) If the issue
remains unresolved the relevant union organiser may have direct discussion with
the appropriate senior management person of the particular
Contractor/Subcontractor. At this stage the Project Manager will be notified of
the matters in dispute and requested to assist.
(e) Whilst the
above procedures are being followed, work shall continue normally. Each party
must ensure each step of the above procedure is followed within reasonable time
frames.
(f) Should the matter
remain unresolved after the direct discussions between the union and management
there shall be a 48-hour cooling off period.
(g) Should the
matter remain unresolved after the cooling off period, it shall be referred to
the Australian Industrial Relations Commission for mediation, conciliation or
if necessary arbitration.
(h) The parties to
this award commit themselves to accepting any recommendation or direction given
by the Australian Industrial Relations Commission in respect of any reference
to the Commission under subclause (g).
(i) This dispute
settlement procedure applies to health and safety issues except that work
should not continue in any area where there is an immediate risk of injury.
24. Site Meetings
Meetings of employees on site are recognised as a means to
ensure effective communication. To this
end, one hour paid mass meetings shall be held as required but not exceeding
one per month. The parties agree that
they will confer before any such meeting so as to arrange a time that will
minimise disruption to production.
25. Work Practices
In line with industry reforms and project innovations,
employees are to be employed to the total capacity of their qualifications and
experience. Restrictive work and or
management practices that interfere with the efficient utilisation of labour
are not acceptable on the project.
26. Apprenticeship
Provision
All companies agree to maintain, where the company
undertakes trade work, an appropriate ratio of apprentices to trades people.
The ratio will not be less than one (1) apprentice for each
four (4) tradesperson where applicable. This provision shall be applicable to
companies who do trade work and engage twenty (20) or more employees.
Any dispute in respect of the application of this clause
will be settled in accordance with clause 23 of this award without recourse to
industrial action.
27. Immigration
Compliance
All parties are committed to compliance with Australian
immigration laws so as to ensure maximum work opportunities for unemployed
Australian citizens. Where there is a concern that a subcontractor on the
project is engaging illegal immigrants, the principal contractor will act
decisively to ensure compliance.
28. No Extra Claims
The parties hereby undertake to make no extra claims during
the duration of this project.
29. Definitions
Award - The Federal and State Awards outlined in Appendix 3.
Main Contractor - WALTER - Vivendi Joint venture
Project - Illawarra Wastewater Strategy.
Contractors and Subcontractors - Contractors and
subcontractors contracted to carry out specific sections of the work on the
project.
30. Not to be used as
a Precedent
The provisions of this Award will not be used by any party
as a precedent on any other project or for any other purpose.
This Award will not be used as an instrument for any flow on
of this clause to any other site that has a Project Agreement or Award already
in place.
31.
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 the 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 the Act affects .any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
32. Signatories
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On behalf of WALTER - Vivendi Joint Venture
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Date:
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On behalf of Construction, Forestry, Mining and Energy
Union
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(New South Wales Branch)
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Date:
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On behalf of The New South Wales Plumbers and Gasfitters
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Employees' Union
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Date:
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On behalf of Electrical Trades Union of Australia, New
South Wales Branch
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Date:
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On behalf of The Australian Workers' Union, New South
Wales
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Date:
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On behalf of Automotive, Food, Metals, Engineering,
Printing and
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Kindred Industries Union, New South Wales Branch
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Date:
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On behalf of Transport Workers' Union of Australia, New
South Wales Branch.
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Date:
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On behalf of Labour Council of New South Wales.
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Date:
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Appendix 1A
Procedure for Demarcation Dispute
1. Settlement
within the Union Movement
ACTU Congress re-affirms its view that effective and speedy
procedures for the settlement of demarcation and inter-unions membership
dispute between unions are essential for the continued unity of the trade
unions movement. With this objective in
mind, Congress states that:
(a) Demarcation
disputes should be resolved by agreement between the unions concerned
(b) Where
agreement cannot be achieved directly between the unions concerned, the unions
should notify the ACTU or the State Branch of the ACTU in the relevant State
(c) Affiliated
unions should not refer demarcation disputes to industrial tribunals unless
there has been a reasonable opportunity to discuss the issues within the union
movement
2. Machinery for
Dealing with Demarcation Disputes
Upon notification of the demarcation or inter-unions membership
dispute, the ACTU or the relevant State Branch shall constitute special
machinery to facilitate the settlement of the dispute. The machinery may take the form of:
(a) A panel
consisting of an ACTU and/or State Branch nominee and an equal number of
representatives from each of the unions concerned in the dispute
(b) A panel
consisting of an independent chairperson and other members as agreed between
the unions concerned in the dispute or
(c) Reference of
the dispute to the relevant industry group or groups.
In the establishment of machinery to deal with a demarcation
dispute, the matter to be considered will include:
(a) the attitude
of the unions concerned and their willingness to accept the decision of the
panel or group
(b) the likelihood
of a stalemate as a consequence of the composition of the panel
(c) the position
of the unions concerned as to recourse to an industrial tribunal
(d) the need for
the work of the panel or group to proceed in an informal way
(e) The need for
the unions concerned to freely put their case before the panel or group.
3. Guidelines
The guidelines to be followed by a panel or group in the
settlement of a demarcation or inter-unions membership dispute shall be
consistent with ACTU policy. The
guidelines adopted shall be such as to ensure that all relevant matters are
considered including the constitutional rights of the unions involved and the
merits of the matters in dispute.
Without limiting the panel or group, the consideration of the merits
shall be based on:
(a) Historical
aspects eg. custom and practice
(b) relevance of
wage rates and working conditions for the workers concerned
(c) the attitude
of the workers concerned
(d) Other specific
qualifications and considerations.
Appendix 2B
Programme Milestone and Target Dates
|
Bioreactor structure ready for hydrostatic
|
27 November 2002
|
|
Complete transfer pipeline horizontal directional drilling
|
21 December 2002
|
|
Complete filter bed structure
|
09 May 2003
|
|
Reinstate ocean outfall sand dunes
|
08 July 2003
|
|
Complete electrical fitout of the filterblock
|
30 September 2003
|
|
Cut into new 600mm diameter rising mains at Bellambi SSTP
|
13 October 2003
|
|
Refurbish existing grit chambers at Wollongong STP
|
06 December 2003
|
|
Decommission existing digesters at Port Kembla SSTP
|
12 February, 2004
|
|
Refit sedimentation tank number two at Port Kembla SSTP
|
30 August, 2004
|
Appendix 3F
Federal Awards
National Building and Construction Industry Award
National Metal and Engineering On-Site Construction Industry
Award 1989
Electrical Contracting Industry Award 1992
Plumbing Industry (New South Wales) Award 1983
Sprinkler Pipe Fitters Award 1975
Mobile Crane Hiring Award 1988
State Awards
Building and Construction Industry Labourers' On-Site
(State) Award
Building Tradesman (State) Construction Award
Electrical Contracting Industry (State) Award
Metal and Engineering Industry (NSW) Interim Award
B. W. O'NEILL, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.