THE KENS PROJECT 259-295 KENT STREET SYDNEY
PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Employers
First, industrial organisation of employers.
(No. IRC 4464 of 2003)
Before The Honourable
Justice Walton, Vice-President
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22 August 2003
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AWARD
Clause No. Subject Matter
1. Duration
2. Definitions
3. Objectives
4. Application
5. Performance
Payment
6. Industry
Standards
6.1 Superannuation And Redundancy
6.2 Top Up/24 Hour Income Protection
Insurance
6.3 Transport Award Drivers
6.4 Lorry Owner Drivers
7. Environment,
Health, Safety And Rehabilitation
7.1 Induction
7.2 Environment, Health And Safety Plans
7.3 The Safety Committee
7.4 Safety Procedures
7.5 Formwork Safety
7.6 Temporary Power/Testing and Tagging
8. Dispute
Settlement Procedures
8.1 Employer Specific Disputes
8.2 Project Wide Disputes
8.3 Demarcation Disputes
8.4 Procedures To Prevent Disputes Regarding Non-Compliance
9. Safety
Dispute Settling Procedures
10. Monitoring
Committee
11. Productivity
Initiatives
11.1 Learning Initiatives
11.2 Inclement Weather
11.3 Rostered Days Off
11.4 Maximising Working Time
11.5 Hours Of Work
12. Immigration
Compliance
13. Long
Service Compliance
14. Union Representation
15. Australian
Content
16. Protective
Clothing
17. Workers
Compensation And Insurance Cover
18. Apprentices
19. Training
And Workplace Reform
20. Project
Death Cover
21. Anti-Discrimination
22. Personal/Carers
Leave
22.1 Use Of Sick Leave
22.2 Unpaid Leave For Family Purpose
22.3 Annual Leave
22.4 Time-Off In Lieu Of Payment For Overtime
22.5 Make-Up Time
22.6 Rostered Days Off
23. Project
Close-Down Calendar
24. Industry
Convention
25. Single
Bargaining Unit
26. Mobile
Crane Safety
27. No Precedent
28. No Extra
Claims
Annexure A - Parties & Classifications
Annexure B - Authority To Obtain From Dima
Details Of Immigration Status
1. Duration
This Project Award shall operate on and from
the 1 May 2003 until Practical Completion of the Project.
2. Definitions
"Awards" means those Awards listed
in Annexure "A".
"Employee" means a person engaged
by an Employer and who performs work on the Project in the classifications set
out in Annexure "A".
"Employer" means Leighton Contractors
Pty Limited and/or any subcontractor engaged by Leighton Contractors Pty
Limited to work on the Project, including subcontractors’ respective
subcontractors.
"Enterprise Agreement" means an
agreement registered or certified under the Workplace
Relations Act 1996 (Cth) or approved under the Industrial Relations Act 1996 (NSW).
"EHS&R" means Environment
Health Safety and Rehabilitation.
"Excavation and Demolition
Material" shall be as defined in the Transport Industry - Excavated
Materials Contract Determination published 24 October 1997, as varied.
"Leighton" means Leighton
Contractors Pty Limited (A.C.N. 000 893 667) of Level 10, 12 Help Street
Chatswood, NSW 2067
"Monitoring Committee" means the
committee established under Clause 10 of this Project Award.
"Parties" means the Employer, 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 Leighton Contractors Pty Limited Client.
"Project Award" means The KENS
Project Award made between the Parties.
"Project" means the construction
works contracted to Leighton Contractors Pty Limited at 259-295 Kent Street,
Sydney.
"Project Manager" means the senior
person appointed by Leighton Contractors Pty Limited to manage the Project from
time to time.
"Project Milestones" means those
programmed milestones and targets described in Clause 5.
"Safety Committee" means the site
safety committee formed under the Occupational
Health and Safety Act (NSW) 2000.
"Project Plan" means the Project
or site management plan, a copy of which can be located at the office of the
Project Manager.
"T.E.T.A" means Transport
Education Training Australia.
"The KENS Project" involves the redevelopment
of the site bounded by Kent, Erskine, Napoleon and Sussex Streets Sydney. The development will involve the demolition
of the existing structures, with the exception of the Erskine Street terraces
and the construction of a 32 Level office tower which shall be situated over a
six level basement carpark with 864 car spaces and a podium that stretches
across three levels from Kent Street down to Sussex Street. The Project will also involve the
construction of an urban park to the north of the tower, fit-out of all office
levels and the restoration of the heritage terraces on Erskine Street and the
construction of an infill terrace to complete the Erskine Street elevation.
"Union Delegate" means the
Employee who is the accredited representative of the Union members on the
Project.
"Unions" means each of the Unions
listed in Annexure "A".
3. Objectives
The objectives of this Project Award are to:
(a) Improve
productivity by initiatives aimed at:
(i) Communication,
consultation and relationships between Employer, Employees and Unions.
(ii) Health
and safety.
(iii) Training
and skill formation.
(iv) Flexible
workplace practices.
(b) Provide
good wages and conditions to all Employees engaged on the Project.
(c) Ensure
that subcontractors comply with the provisions of this Project Award,
applicable Awards and/or Enterprise Agreements and legislative requirements.
(d) Promote
and implement improved work methods and productivity.
(e) Complete
the Project on time or earlier to quality requirements, and within budget.
(f) Adopt
a co-operative and non-adversarial approach to all industrial relations issues.
(g) Assist
in developing a harmonious relationship between Leighton, Sub-Contractors,
Unions and Employees in respect of this Project.
(h) Enhance
occupational health and safety practices.
(i) Increase
leisure time for Employees by reducing excessive hours of work.
(j) Implement
forms of work organisation which encourage the use and acquisition of skills
and continual learning.
(k) Improve
quality of work.
(l) Increase
the scope of sub-contract work packages to promote genuine skill enhancement
and acquisitions by Employees.
(m) Provide
of a career structure for all Employees based on skill enhancement,
competencies and increased job satisfaction.
(n) Set
common standards of facilities, crib, first-aid, etc.
(o) Provide
a forum for dispute resolution between sub-contractors, the Unions and
Leighton.
(p) Note
that Unions party to this Award have an objective that Employers have an
appropriate Enterprise Agreement in place.
(q) Minimise
the impact of any industrial action on the Project that may arise out of
negotiation or renegotiation of other Employer’s Enterprise Agreements.
4. Application
4.1 This Project Award shall be known as The
KENS Project Award, and shall cover on site construction work carried out by
Employees who are covered by those Awards referred to in Annexure
"A".
4.2 This Project 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.
4.3 This Project Award is generally intended
to supplement and co-exist within the terms of existing Enterprise Agreements
and Awards and it’s primary purpose is to provide a framework for the Employers,
the Labor Council and the Unions, to manage those issues on the Project which
affect more than one Employer.
4.4 The Parties also acknowledge and agree
that the terms of this Project Award form part of the tender conditions for
work on this Project.
5. Performance Payment
A
performance payment linked to works completed against the construction program
shall apply to the Project.
The
performance payment shall relate to achievements for works completed to Targets
and Project Milestones.
The
Completion to Targets and Project Milestones Payment shall be calculated and
paid as follows:
(a) The Parties to this Award shall
establish monthly Targets and review dates with reference to the Project
Milestones;
(b) The monthly reviews will certify the
achievement of Targets for the purpose of entitlement to the payment for works
completed;
(c) The performance payment shall be $3.00
per hour payable for each hour of time worked by Employees on and from the 1
May 2003;
(d) Payment shall be made as part of their
weekly wages;
(e) Payment shall be made progressively in
the normal weekly wages;
(f) Payment is not subject to CPI.
In
the event that a monthly Target is not achieved, the Monitoring Committee shall
meet to determine:
(a) The reason why the Target was not
achieved;
(b) The action required to catch up to the
Target;
(c) If payment shall continue for the coming
month;
(d) However, if in spite of the Parties best
efforts, a Target is not achieved for two consecutive months and there are no extenuating
circumstances then the Monitoring Committee shall meet to discuss why that
Target has not been achieved and how best to make up time to ensure Targets are
achieved;
(e) Payment shall be calculated on an hours
worked basis only, and shall not include any calculation of Award or other
entitlements. This payment does not
attract any penalty or premium.
The
Project Milestone Dates Are:
The
KENS Project
|
|
|
Assessment
of Progress
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|
|
Project
Milestones
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Date (Monthly)
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Milestone 1
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Demolition
of existing carpark
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August 2003
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Milestone 2
|
Level
B5 slab and the first level of the core are poured and completed
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January 2004
|
Milestone 3
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The
slab for the ground floor at Kent Street is poured and completed
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March 2004
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Milestone 4
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Complete
Erskine Street terraces and Public Carpark inclusive of
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August 2004
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handover
to operator
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Milestone 5
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The
slab for Level 15 is poured and completed
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October 2004
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Milestone 6
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The
curtain wall façade for the tower must be installed to and
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March 2005
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|
including
Level 22
|
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Milestone 7
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Level
4 Plantroom commissioned
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April 2005
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Milestone 8
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The
curtain wall façade to the tower must be installed to and
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August 2005
|
|
including
Level 33
|
|
Milestone 9
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Complete
fit-out Level 1 to Level9 inclusive ready for occupation
|
November 2005
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by
tenant
|
|
|
|
|
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(a) If a Project Milestone Date is not achieved
and there are no extenuating circumstance(s) acceptable to the Monitoring
Committee, then no payment will be made against achievement of that Milestone;
(b) If in the following period(s) work
catches up to allow achievement of the subsequent Project Milestone(s) then a
payment shall be made and shall include payment(s) for the preceding Project
Milestone;
(c) The Parties agree that the Leighton
Project Manager, in conjunction with the Monitoring Committee shall determine
if the identified Milestones for the Project have been achieved.
Payment
Application of the Performance
|
|
Payment
Payable to Employees
|
|
Type
of Work And Status of Engagement
|
Performance
Payment Application
|
Normal
Work
|
Applies
|
Sick
Leave
|
Does
not apply
|
Annual
Leave
|
Does
not apply
|
Public
Holidays
|
Does
not apply
|
Rostered
Days Off
|
Applies
|
Workers
Compensation
|
Does
not apply
|
Training
on-site
|
Applies
|
Jury
Duty
|
Does
not apply
|
Bereavement
Leave
|
Does
not apply
|
Inclement
Weather Off Site
|
Does
not apply
|
Inclement
Weather On Site
|
Applies
|
Unauthorised
Stoppages
|
Does
not apply
|
Any
other paid downtime
|
Does
not apply
|
6.
Industry Standards
6.1 Superannuation and Redundancy
The Parties acknowledge that a contribution of $90.00
per week or 9% of ordinary time earnings (whichever is the greater) will be
made to the superannuation fund nominated in the relevant industrial
instruments being C+BUS; NESS; STA, TWU or other schemes approved by the
Parties. The above contribution will
increase so that the minimum payment made for superannuation shall be $95.00
from 1 July 2003 and $100.00 from 1 July 2004.
The Employers will make a contribution of $61 per week
into ACIRT or MERT or other schemes approved by the
Parties.
6.2 Top Up/24 Hour Income Protection
Insurance
Each Employer will provide Workers Compensation
Top-Up/24 Hour Income Accident Insurance with the Coverforce Insurance
Administrators Pty Ltd (ACN 067 079 261) under the U-Plus Industry Insurance
Scheme or other similar schemes, which are approved by
the Parties to this Project Award.
6.3 Transport
Award Drivers
This Project Award shall not apply to
persons who are required as part of their normal duties to visit the site for
the purpose of a pick up or a delivery or to carry out routine maintenance or
repairs to on-site plant of a minor nature or for short duration.
This Project Award does not apply to off
site or purely incidental activities such as delivery of site materials or
couriers, except for transport Award drivers who are required to have a regular
involvement with this site in excess of two (2) hours per day. These applicable drivers will be entitled
only to the provisions of Clause 5 of this Project Award.
6.4 Lorry Owner Drivers
Lorry Owner Drivers who are carting
excavated and / or demolition materials from this Project shall be paid in
accordance with the Transport Industry - Excavated Materials Contract
Determination published 24 October 1997, as varied.
7. Environment, Health, Safety and
Rehabilitation
7.1 Induction
All Employees entering the site must have
undergone;
(a) General
Industry Induction Training;
(b) Work
Activity Induction Training;
(c) Site
Specific Induction Training.
Evidence of the completion of the General
Industry Induction Training and the Work Activity Induction Training must be
presented to Leighton Contractors Pty Limited prior to any Employee commencing
work on site.
Each Employee will receive a site induction
card after completing the Site Specific Induction Training and access to the
Project site will only be granted to an Employee who exhibits the issued site
induction card. However, in the case of
a lost card, an Employee's identity will be confirmed prior to any issue of a
temporary site induction card and ultimately a replacement card.
Each Employee's site induction card must be
carried by the Employee whilst engaged on the Project and is not transferable
under any circumstances to any other person.
These procedures are intended to
substantially improve the security on the Project and have a positive impact on
the level of safety provided to Employees on the Project.
The Parties recognise the induction training
provided by T.E.T.A for casual and permanent transport Award Employees who fall
within the scope of this Project Award.
7.2 Environment, Health and Safety Plans
(a) All Employers
must submit an environment, health safety and rehabilitation management
plan. These plans should include
evidence of:
(i) Risk
assessment of their works;
(ii) Hazard
identification, prevention and control;
(iii) Planning and
re-planning for a safe working environment;
(iv) Industry and
trade specific induction of Employees;
(v) Monitoring performance
and improvement of work methods;
(vi) Reporting of
all incidents/accidents;
(vii) Compliance and verification on all safety
requirements to be monitored regularly during the construction period to ensure
compliance.
7.3 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. All members of the Safety Committee will
undertake an accredited WorkCover safety committee member training course if
they have not already done so with an agreed provider, for example Comet
Training.
7.4 Safety Procedures
(a) The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
(b) If the Project
Manager or the Safety Committee is of the opinion that an Employee or Employer
has committed a serious breach of either the Environment Health and Safety
Policy or the relevant safety management plan (or any other agreed safe working
procedures), the Project Manager (or the Project Manager on recommendation from
the Safety Committee) will implement disciplinary action against the Employer
or Employee which may include taking all steps required to remove the Employer
or Employee from the Project.
(c) The Parties
agree that in the event that an unsafe condition exists, work is to continue in
all areas not affected by that condition and those Employers may direct
Employees to move to a safe place of work. No Employee will be required to work
in any unsafe area or situation.
7.5 Formwork
Safety
All
persons engaged on the erection or dismantling of formwork will have the
relevant WorkCover Formwork Certificate of Competency. Where an Employee does not have a
Certificate of Competency WorkCover will be contacted to assess when the
Employee concerned can undertake the appropriate training and obtain a Formwork
Certificate of Competency from an agreed provider, for example Comet training.
7.6 Temporary
Power/Testing and Tagging
In
order to maintain the highest standards of safety in regard to the use of
electricity during construction, it is agreed that the temporary installation
is installed strictly in accordance with AS 3012 (1995). All work is to be carried out by qualified
electrical tradesperson. Testing and
tagging is to be carried out only by qualified electrical tradesperson.
8. Dispute Settlement Procedures
One of the aims of this Project Award is to
eliminate and prevent lost time in the event of a dispute and to achieve prompt
resolution of any dispute.
8.1 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, Leighton and the appropriate Union
official.
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Leighton’s NSW
Industrial Relations Manager (or nominee).
(f) If
the dispute is not resolved after step (e), parties to the Project Award may
notify the dispute to the Industrial Relations Commission of New South Wales,
and request that the Industrial Relations Commission of New South Wales resolve
the dispute pursuant to it’s powers set out in the Industrial Relations Act 1996 (NSW).
(g) Work
shall continue without interruption or dislocation during discussion and negotiations concerning the dispute.
8.2 Project Wide Disputes
In the event of a dispute or conflict
affecting more than one Employer occurring, the following procedure will be
adopted:
(a) Discussion
between those directly affected.
(b) Discussion
between site management representatives of Leighton and the Union delegate.
(c) Discussion
between site management representatives of Leighton and the Union organiser.
(d) Discussion
between senior management of Leighton and the appropriate Union official.
(e) Discussion
between the Secretary of the relevant Union (or nominee) and Leighton’s NSW
Industrial Relations Manager (or nominee).
(f) If
the dispute is not resolved after step (e), Parties to the Project Award may
notify the dispute to the Industrial Relations Commission of New South Wales,
and request that the Industrial Relations Commission of New South Wales resolve
the dispute pursuant to it’s powers set out in the Industrial Relations Act 1996 (NSW).
(g) Work
shall continue without interruption or dislocation during discussion and negotiations concerning the dispute.
8.3 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).
8.4 Procedures
to Prevent Disputes Regarding Non-compliance.
(a) Leighton,
in association with the accredited site Union delegate will check monthly
payments of subcontractors’ companies engaged on site with respect to
superannuation, redundancy and extra insurance to ensure payments for Employees
have been made as required. Leighton
and the site delegate shall also check that Employers have not introduced
arrangements such as and not limited to ‘all-in’ payments and or ‘cash-in-hand’
payments, (i.e. payments designed to avoid tax and other statutory obligations
and sham subcontract arrangements.)
Where such practices are identified Leighton will take immediate steps
to ensure that any such arrangements are rectified and that any Employee
affected by any such arrangement receives all statutory entitlements.
(b) Each
subcontractor engaged on site will be specifically advised and monitored in
respect of payroll tax and are required to comply with their lawful
obligations.
(c) When an Employer receives a statement
pursuant to Section 127(3) of the Industrial
Relations Act 1996 of NSW they shall provide on request the Union delegate
on site with a copy of such statement within 7 days.
(d) The Union delegate or Union official
shall advise Leighton if they believe the information which has been provided
by the subcontractor is not correct.
(e) Any
dispute concerning non-compliance shall be resolved in accordance with this clause.
9. Safety Dispute Settling Procedures
No Employee will be
required to work in or on an unsafe area or process on the Project. Where a safety problem has been identified
by the safety committee, which prevents work from occurring in any area, work
shall cease in the immediate affected area only. Priority will be given to rectifying unsafe access areas. If any access areas are unsafe, Employees
will use alternative safe access.
Should a safety
dispute arise over whether one or more work areas are safe or not, the
following procedures shall apply:
(a) Employees shall not leave the Project
unless directed to do so by their Employer in the event of an emergency;
(b) Immediate inspection of the affected
work areas will be carried out by both Leighton and Employee representatives of
the safety committee;
(c) Leighton will select the sequence of
inspections of areas;
(d) The inspection shall identify the safety
rectification work required in each area;
(e) As safety rectification work is agreed for
each area, all relevant Employees shall immediately commence such rectification
works;
(f) Upon verification that such
rectification has been completed, normal work will resume progressively in each
area;
(g) Should any dispute arise as to the rectification
work required to any area, then Leighton will immediately call the designated
WorkCover Authority inspector to recommend the rectification work.
Nothing in this
Clause shall negate or contradict any rights and or obligations under the Occupational Health and Safety Act 2000.
10. Monitoring Committee
10.1 The
Parties may establish a committee to monitor the implementation of this Project
Award.
10.2 This
Monitoring Committee if established will meet at the commencement of construction
and then at monthly intervals or as required during construction on the
Project.
10.3 The
Monitoring Committee will consider ways in which the aims and objectives of
this Project Award can be enhanced, which may include, but not be limited to
discussion of:
(a) Developing
more flexible ways of working;
(b) Enhancing
occupational, health and safety;
(c) Productivity
plans;
(d) Compliance
with the Project Award and other statutory requirements by Employers;
(e) Resolution of
issues in the application of this Project Award;
(f) The
Monitoring Committee members shall be nominated by and represent Leighton and
the subcontractors, the Labor Council of NSW and the Unions. The committee will have 5 members, 2
appointed by Leighton and representing Leighton and its sub-contractors, and 2
appointed by and representing the Unions and their members, and 1 appointed by
and representing the Labor Council of NSW.
The representative of the Labor Council of NSW shall be
delegated Chairperson, and be responsible for calling meetings, issuing agendas
and taking minutes.
11. Productivity Initiatives
11.1 Learning Initiatives
Each Employer shall comply with their workplace reform initiatives outlined in their Enterprise Agreement.
11.2 Inclement Weather
(a) The Parties to
this Project Award will collectively proceed towards the minimisation of lost
time due to inclement weather.
(b) Further, the
Parties are bound to adopt the following principles with regard to inclement weather
and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful
work is available in that area or site and that work is within the scope of the
Employee’s skill, competence and training consistent with the relevant
classification structures (provided that the Employer shall provide transport
to such unaffected area where necessary);
(iii) Where the
initiatives described in (b) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
(iv) All Parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
(v) The Parties
agree the practice of "one out, all out" will
not occur.
11.3 Rostered Days Off
(a) Subject to
Clause 23 a procedure for the implementation of Rostered Days Off (RDO’s) will
be agreed on the Project. The purpose which is to:
(i) Increase the
quality of working life for Employees; and
(ii) Increase the
productivity of the Project.
(b) A roster of
RDO’s will be prepared, following consultation with the workforce and Parties
to this Award.
(c) Records of
each Employee’s RDO accruals will be recorded on the Employees pay slip and
copies 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.
(d) Where
practicable, Saturday work prior to the published industry
RDO’s will not be worked.
11.4 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 with the amenities to be maintained in a
clean and hygienic state at all times.
11.5 Hours of Work
Ordinary hours of work shall be 8 hours per shift
between 6.00am and 6.00pm Monday to Friday.
However, ordinary hours may commence from 5.00am by agreement between
the Employer, Employee and relevant Union.
12. Immigration Compliance
12.1 The
Parties are committed to compliance with Australian immigration laws so as to
ensure maximum work opportunities for unemployed permanent residents and
Australian citizens. Employers will be advised by Leighton of the importance of
immigration compliance. Where there is concern that illegal immigrants are
being engaged by an Employer on the Project, Leighton will act decisively to
ensure compliance.
12.2 Employers
are required prior to Employees commencing work on-site to check the legal
right of Employees to work. If required
the authorisation form attached to this Project Award as per Annexure
"B" will assist in providing evidence of the
Employee’s legal status.
13. Long Service Compliance
If applicable, and in accordance with the NSW Building
and Construction Industry Long Service Leave Act, no Employee will be engaged
on site unless he or she is a worker registered with the NSW Long Service
Payments Corporation. All Employers (if
applicable) engaged on site will be registered as Employers in accordance with
the NSW Building and Construction Industry Long Service Payments Act and will
strictly comply with their obligations.
14. Union Representation
14.1 Union
officials shall comply with all legislative requirements, produce their right
of entry permits, and observe the relevant Award and OH&S obligations for
entry to site.
14.2 Subject
to all legislative requirements, Union officials or their legal officers shall
be entitled to inspect all wage records and related documentation necessary to
establish proper application of the Project Award and observance of statutory
obligations.
14.3 Such
inspections shall not take place unless there is a suspected breach of the
Project Award, the Awards, or the Workplace
Relations Act 1996 and/or other statutory obligations for which a suspected
breach has been specified in writing to Leighton in advance of the inspection.
14.4 Union
Delegates and Their Rights
(a) Rights of the Delegate
(i) The parties acknowledge it is the sole
right of the Union and its members to elect the delegate for each Project, who
shall be recognised as the authorised representative of the Union at the
Project.
(ii) The delegate shall have the right to
approach or be approached by any Employee of the Employer to discuss industrial
matters with that Employee during normal working hours (subject to the consent
of the relevant Employee).
(iii) The delegate shall have the right to
communicate with members of the Union in relation to industrial matters without
impediment by the Employer. Without
limiting the usual meaning of the expression "impediment", this
provision applies to the following conduct by an Employer:
Moving a
delegate to a workplace or work situation which prevents or significantly
impedes communication with members;
Changing a
delegate’s shifts or rosters so that communication with workers is prevented or
significantly impeded;
Disrupting
duly organised meetings.
(iv) The delegate shall be entitled to
represent members in relation to industrial matters on the Project, and without
limiting the generality of that entitlement is entitled to be involved in
representing members:
At all stages
in the negotiation and implementation of enterprise agreements or Awards or
other industrial instruments;
The
introduction of new technology and other forms of workplace change;
Career path,
reclassification, training issues; and to initiate discussions and negotiations
on any other matters affecting the employment of members
Ensuring that
Employees on site are paid their correct wages, allowances and other lawful
entitlements.
To check with
relevant industry schemes so as to ensure that superannuation, long service
leave and redundancy has been paid on time.
(v) In order to assist the delegate to
effectively discharge his or her duties and responsibilities, the delegate
shall be afforded the following rights:
The right to reasonable
communication with other delegates, union officials and management in relation
to industrial matters, where such communication cannot be dealt with or
concluded during normal breaks in work;
At least 10
days paid time off work to attend relevant Union training courses/forums;
Paid time off
to attend meetings of delegates in the industry, as authorised by the relevant
union.
(vi) The Employer of a delegate shall provide
to the delegate the following:
A lockable
cabinet for the keeping of records;
A lockable
notice board for the placement of Union notices at the discretion of the
delegate;
Where
practible, and if agreed to, a delegate office;
Where a
delegate office is not practicable, access to a meeting room;
Use of the
site office telephone for legitimate union business;
From existing
resources, and when required access to:-
a
word-processor, typewriter, or secretarial support at the workplace;
to personal
computers (PC), E-mail and the Internet at the workplace;
a photocopier
or facsimile machine.
(vii) There shall be no deduction to wages where
the Union requires a delegate to attend any Court or Industrial Tribunal
proceedings relating to Industrial matters on the Project.
15. Australian Content
Subject to the law the Project Manager shall
endeavor to maximise Australian content in materials and construction equipment
on the Project where practical and feasible.
16. Protective Clothing
Employers
will provide their Employees with the following items of Australian made
clothing and footwear.
(a) Safety Footwear
Appropriate
safety footwear will be issued upon commencement of work on the Project and
will be replaced on a fair wear and tear basis thereafter provided they are
produced to Management for inspection.
(b) Overalls, Combination or Bib & Brace
& Shirts or Trousers & Shirts
2
sets of protective clothing will be provided after accumulated employment by an
Employee of 152 hours and will be replaced twice per calendar year or as a
result of fair wear and tear provided they are produced to Management for
inspection.
(c) Jackets
Each
Employee, after accumulated employment on the Project of 152 hours shall be
eligible to be issued with one (1) Australian made warm bluey jacket or lined
woollen jacket or equivalent, which will be replaced once per calendar year or
by fair wear and tear.
The
type of jacket issued to an Employee will be determined by the nature of work
performed to ensure that the jacket is not unsafe for the work performed by each
Employee.
(d) Equivalent Clothing
Where
documented evidence can be shown that the equivalent protective clothing
referred to in (a), (b) and (c) above has been issued to any Employee within
the last (3) month period, then the above will not apply.
Employers
will consult with the Labor Council of NSW if necessary to be provided with a
list of Australia Manufactures who do not use illegal or exploited labour in
the manufacturing of their work clothes.
17.
Workers Compensation and Insurance Cover
17.1 Employers
must ensure that all persons that they engage to work on the Project are
covered by workers compensation insurance.
17.2 Leighton
will audit Workers Compensation Certificates of Currency from each Employer
engaged on site to ensure that the wages estimate and tariff declared for the
type of work undertaken is correct. This information will be available to
authorised Union officials on request.
17.3 Employers
and their Employees must comply with the following steps to ensure expedited
payment of workers compensation:
(a) All Employees
will report injuries to the Project first aider and their supervisor at the
earliest possible time after the injury
(b) All Employees
will comply with the requirements for making a workers compensation claim, including
the provision of a Workcover medical certificate, at the earliest possible time
after the injury. This information will also be supplied to the Project first
aid officer, and their supervisor.
(c) In cases where
the Employee is unable to comply with the above, the relevant Employer will
assist in fulfilling requirements for making a claim.
17.4 Employers
must ensure that they are aware of and will abide by Sections 63 to 69 of the Workers Injury Management and Workers
Compensation Act 1998, which provide that:
(a) The Employer
shall keep a register of injuries /site accident book in a readily accessible
place on site;
(b) All Employees
must enter in the register any injury received by the Employee. The Employer
must be notified of all injuries on site immediately. The Employer must notify
the insurer within 48 hours of a significant injury;
(c) An Employer
who receives a claim for compensation, must within seven (7) days of receipt,
forward the claim or documentation, to their insurer;
(d) An Employer
who receives a request from their insurer for further specified information
must within seven (7) days after receipt of the request, furnish the insurer
with the information as is in the possession of the Employer or reasonably
obtained by the Employer;
(e) An Employer
who has received compensation money from an insurer shall forward such money to
the person entitled to the compensation within three (3) working days;
17.5 Where
there has been a serious incident and/or accident which has resulted in a
serious injury or loss of life the
Employer shall notify the relevant union immediately.
17.6 The
Employer will also complete the relevant accident notification form and send it
to WorkCover.
18. Apprentices
As part of the Project’s commitment to industry training, a
ratio of one apprentice/ trainee to every five tradespersons within each
Employer’s workforce is to be maintained.
19. 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.
20. Project Death Cover
Leighton will guarantee the beneficiary of any Employee who
dies as a consequence of working on the Project will be paid a death benefit of
$25,000. Such benefit shall be paid
within fourteen (14) days of the production of appropriate documentation. This
payment shall be in addition to any other entitlement that might be paid to the
beneficiary as a consequence of the death of the Employee.
21.
Anti-Discrimination
21.1 It
is the intention of the Parties bound by this Project 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.
21.2 This
includes discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, responsibilities as a carer and age.
21.3 It
follows that in fulfilling their obligations under the dispute resolution
procedure prescribed by this Project Award, the Parties have obligations to
take all reasonable steps to ensure that the operation of the provisions of
this Project 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 Project Award, which,
by its terms or operation, has a direct or indirect discriminatory effect.
21.4 Under
the Anti-Discrimination Act 1977, it
is unlawful to victimise an Employee because the Employee has made or may make
or has been involved in a complaint of unlawful discrimination or harassment.
21.5 Nothing
in this clause is to be taken to affect:
(a) Any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) Offering or
providing junior rates of pay to persons under 21 years of age;
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) A party to
this Project Award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
21.6 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.”
22.
Personal/Carers Leave
22.1 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 22.1 (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:
(iii) A spouse of
the Employee; or
(iv) 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
(v) 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
(vi) A same sex
partner who lives with the Employee as the de factor partner of that Employee
on a bona fide domestic basis; or
(vii) A relative of
the Employee who is a member of the same household, where for the purposes of
this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other: and
"household" means a family group living in
the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the Employee to
give prior notice of absence, the Employee shall notify the Employer by
telephone of such absence at the first opportunity on the day of absence.
22.2 Unpaid
Leave for Family Purpose
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 22.1
(c)(ii) above who is ill.
22.3 Annual
Leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), to take annual leave not exceeding
five days in single day periods or part thereof, in any calendar year at a time
or times agreed by the Parties.
(b) Access to
annual leave, as prescribed in paragraph 22.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under the 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.
22.4 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 22.4(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 22.4(a), the Employee shall be
paid overtime rates in accordance with the Award.
22.5 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.
22.6 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
Project 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.
23.
Project Close-Down Calendar
For the purposes of this Project Award the Parties agree
that the following Project Close-down Calendar will be adopted for the
Project. The Project Close-down
Calendar has been produced with a view to maximising quality leisure time off
for all Employees. Accordingly, the
Parties agree that on certain weekends (as set out in the Project Close-down
Calendar), no work shall be carried out.
Provided, however, where there is an emergency or special
client need, work can be undertaken on the weekends and adjacent RDO’s as set
out below. In such circumstances
reasonable notice (where possible), shall be given to the Unions and agreement
sought from the Union Secretary (or nominee) or in the case that they are
unavailable the Leighton Union delegate or the site consultative committee.
Project Close-down Calendar 2003
Saturday
|
October 4
|
|
Sunday
|
October 5
|
|
Monday
|
October 6
|
Labour Day Public Holiday
|
Tuesday
|
October 7
|
RDO
|
Saturday
|
November 29
|
|
Sunday
|
November 30
|
|
Monday
|
December 1
|
Picnic Day
|
Tuesday
|
December 2
|
RDO
|
Christmas/New Year
|
|
|
December/January to be determined at site level.
|
|
Project Close-down Calendar 2004
Saturday
|
January 24
|
|
Sunday
|
January 25
|
|
Monday
|
January 26
|
Australia Day Public Holiday
|
Tuesday
|
January 27
|
RDO
|
Friday
|
April 9
|
Good Friday Public Holiday
|
Saturday
|
April 10
|
|
Sunday
|
April 11
|
Easter Sunday
|
Monday
|
April 12
|
Easter Monday Public Holiday
|
Tuesday
|
April 13
|
RDO
|
Saturday
|
April 24
|
|
Sunday
|
April 25
|
|
Monday
|
April 26
|
Anzac gazetted holiday
|
Tuesday
|
April 27
|
RDO
|
Saturday
|
June 12
|
|
Sunday
|
June 13
|
|
Monday
|
June 14
|
Queens Birthday Public Holiday
|
Tuesday
|
June 15
|
RDO
|
Saturday
|
October 2
|
|
Sunday
|
October 3
|
|
Monday
|
October 4
|
Labor Day Public Holiday
|
Tuesday
|
October 5
|
RDO
|
Saturday
|
December 4
|
|
Sunday
|
December 5
|
|
Monday
|
December 6
|
Union Picnic Day
|
Tuesday
|
December 7
|
RDO (if applicable)
|
Project Close-down Calendar 2005
Wednesday
|
January 26
|
Australia Day
|
Thursday
|
January 27
|
RDO
|
Friday
|
January 28
|
RDO
|
Saturday
|
January 29
|
|
Sunday
|
January 30
|
|
Friday
|
March 25
|
Good Friday Public Holiday
|
Saturday
|
March 26
|
Easter Saturday
|
Sunday
|
March 27
|
Easter Sunday
|
Monday
|
March 28
|
Easter Monday Public Holiday
|
Tuesday
|
March 29
|
RDO
|
Saturday
|
April 23
|
|
Sunday
|
April 24
|
|
Monday
|
April 25
|
Anzac gazetted holiday
|
Tuesday
|
April 26
|
RDO
|
Saturday
|
June 11
|
|
Sunday
|
June 12
|
|
Monday
|
June 13
|
Queens Birthday Public Holiday
|
Tuesday
|
June 14
|
RDO
|
Saturday
|
October 1
|
|
Sunday
|
October 2
|
|
Monday
|
October 3
|
Labor Day Public Holiday
|
Tuesday
|
October 4
|
RDO
|
Saturday
|
December 3
|
|
Sunday
|
December 4
|
|
Monday
|
December 5
|
Union Picnic Day
|
Tuesday
|
December 6
|
RDO
|
24.
Industry Convention
The parties are aware of the convention of some Employers
making payments or providing conditions to their Employees in excess of the
relevant awards or Enterprise Agreement by private treaty for incentive
purposes or for the purpose of attracting labour.
The Parties agree that they will not seek to change the
terms of this Project Award as a result of a private treaty as described above
nor will they seek redress from any Employer.
25. Single Bargaining Unit
This Project Award was
negotiated by the Labor Council of New South Wales on behalf of the Unions and
by Leighton in its own right and on behalf of the Employers.
26. Mobile Crane Safety
Mobile cranes engaged on the KENS Project
will be certified by Cranesafe Australia (NSW) as soon as practicable,
certified cranes will display a Cranesafe inspection label. As this is a new industry initiative to
improve crane safety within the industry all Parties agree there will be a
phasing in period to achieve this accreditation based on Cranesafes capacity to
inspect cranes and issue certificates.
27. No Precedent
The Parties agree not to use this Project Award as a
precedent and that this Project Award will in no way create a claim for flow-on
of on-site wage rates and conditions.
28.
No Extra Claims
The Parties agree
that they will not pursue extra claims in respect of matters covered by this
Project Award or otherwise during the term of this Project Award.
Annexure A
Parties & Classifications
Part 1
Employer:
Leighton Contractors 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, New South Wales (TWU)
Part 3
Classifications:
Those classifications covered by the Following Awards:
Federal Awards
National Building and Construction Industry Award 2000.
National Metal and Engineering On-Site Construction
Industry Award 2002.
Plumbing Industry (New South Wales) Award 1999.
Sprinkler Pipe Fitters Award 1998.
Mobile Crane Hiring Award.
State Awards
Building and Construction Industry (State) Award.
Electrical, Electronic and Communications Contracting
Industry (State) Award.
Plant &c., Operators on Construction (State) Award.
Plumber and Gasfitters (State) Award.
Transport Industry - State Award, and applicable NSW
Determinations.
Metal, Engineering and Associated Industries (State)
Award.
Annexure B
Authority To Obtain From DIMA Details Of Immigration Status
I,
|
|
[Family Name]
|
(Given Name/s)
|
|
|
|
|
Date of Birth:
|
Nationality:
|
|
|
|
|
Visa number:
|
Passport number:
|
|
|
authorize the Department of Immigration and Multicultural
Affairs (DIMA) to release by fax to:
(Name of employer representative)
details of my immigration status and entitlement to work
legally in Australia.
This information will only be made available to the employer
representative or an authorised trade union officer on request.
I also understand the above-named will only use this
information for the purpose of establishing and verifying only my legal
entitlement to work in Australia and for no other purpose.
Signed:
|
Dated:
|
|
|
Name of employer:
|
|
|
|
Phone:
|
Fax:
|
Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: (02) 9258 4730
Fax: (02) 9258 4763
M. J. WALTON J, Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.