M5 EAST PROJECT CONSENT AWARD 1999
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1118 of 2001)
|
Mr. Deputy President Sams
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16 May 2001
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REVIEWED AWARD
ARRANGEMENT
Clause No. Name of Clause
1. Introduction
2. Objectives
3. Commitment
4. Definitions
5. Scope, Terms and Application of Award
6. Date of Operation
7. Single Bargaining Unit
8. Flexibility
9. Hours of Work
10. Maximising Working Time
11. Industry Convention
12. Tunnel Work
13. Shift Work
14. Enterprise Agreements
15. Sub-Contracting
16. Legal and Contractual Obligations of
Contractors
17. Project Monitoring Committee
18. Training
19. Project Allowances
20. Superannuation Contributions
21. Redundancy Contributions
22. Annual Leave
23. Long Service Leave
24. Induction
25. Safety and Amenities Policy
26. Safety Procedures
27. Non Smoking Provisions
28. Project Safety Committees
29. Protective Equipment
30. Workers' Compensation
31. Workers' Compensation Top-Up Cover and 24
Hour Accident Cover
32. First Aid Facilities
33. Inclement Weather
34. Clothing
35. Apprentices
36. Anti-Discrimination
37. Personal/Carers Leave
38. Notice Board
39. Right of Entry
40. Avoidance of Disputes - Grievance
Procedures
41. Not a Precedent
42. No Extra Claims
43. Adjustments to Superannuation and
Redundancy Contributions
44. Signatures
Annexure A Classifications covered by this Award 27
1. Introduction
This Award shall be known as the M5 East Project Consent
Award 1999.
This Award recognises existing Enterprise Agreements between
Employers and their Employees. It also
recognises that some Employers may not have entered into Enterprise Agreements
with their Employees at the time they commence work on the Project.
This Award is generally intended to supplement and co-exist
with the terms and conditions of existing Awards and Enterprise Agreements and
its purpose is to provide a framework for managing those issues on the Project
which affect or may affect one or more Employers.
This Award sets out specific employment terms and conditions
to apply to Employees who work on the M5 East Project.
The Parties to this Award are the Employers, the Labor
Council of NSW, the Unions and the Employees employed on the Project.
It is recognised by the Parties that additional obligations
and rights arise under a range of other awards and agreements which will apply
to Employers, Unions and Employees,
The Parties commit to complying with their respective
obligations under this Award subject to the law.
2. Objectives
It is recognised by the Parties that the success of the
Project is of particular significance for the people of NSW for environmental,
economic and social reasons.
The M5 East is a significant NSW Government undertaking to
improve transport facilities for Sydney.
The M5 is of key strategic importance for environmental planning in NSW
and is a critical link in the completion of the Sydney Orbital Road.
The primary objectives of this Award are:
to provide a site based Project Consent Award that complies
with the Industrial Relations Act
1996 (NSW) and the NSW Government Code of Practice for the Construction
Industry, July 1996;
to complete the Project on time or earlier and within
budget;
to ensure that the Parties provide a safe work place on the
Project;
to allow all construction work to continue without any
unplanned interruptions during the construction period;
to promote and implement improved work methods and
productivity;
to encourage quality communication between Employees,
Employers and Unions;
to adopt a co-operative and non-adversarial approach to all
industrial relations issues;
to develop a constructive and harmonious relationship between
Employers, Unions and Employees in respect of the Project;
to provide good wages and conditions to all Employees
engaged on the Project; and
to ensure that all Employees receive their statutory
entitlements under awards,
enterprise agreements, this Award and other statutes.
To ensure that these objectives are met, the Parties agree
to:
Avoid, where practicable, any action which disrupts or
impedes production by the prompt resolution of Employees' concerns through
effective communication and the agreed process of consultation and grievance
handling.
Maintain standards of conduct necessary to ensure a safe and
efficient operation.
Ensure that at all times, terms and conditions of employment
will be maintained in accordance with the appropriate award/enterprise
agreement and this Award.
Ensure that working relationships between Employees,
signatory unions and Employers are developed to promote mutual trust,
co-operation and open communication of relevant information and ideas.
Commit to the provision of appropriate training
opportunities to employees so as to secure enhanced performance.
Baulderstone Hornibrook Engineering will constantly seek
improvements in safety, methods of production, work Organisation, quality, and
in other areas which will assist in the delivery of the Project on time and
within budget.
The Parties to this Award commit themselves to honour its
terms and accept that, subject to the proper consultation processes being
followed, everyone will be expected to co-operate willingly to achieve the
objectives of this Award.
3. Commitment
The parties to the M5 East Project Consent Award are
committed to ensuring that:
a) The terms and
conditions of the Award lead to real gains in overall Project productivity and
workplace efficiencies, without any reduction to health and safety standards;
b) The Avoidance
of Disputes - Grievance Procedures provided in this Award are strictly adhered
to;
c) A culture that
is committed to constructing a facility of the highest quality workmanship is fostered.
4. Definitions
'Award' means this M5 Project Consent Award 1999.
'Baulderstone Hornibrook' means Baulderstone Hornibrook
Engineering Pty Ltd.
'Classifications' means those classifications of Employees
in those State, and to the extent legally permissible, Federal Awards referred
to in Annexure A.
'Contractor' means Baulderstone Hornibrook Engineering Pty
Ltd Bilfinger + Berger Bauaktiengesellschaft Joint Venture.
'Domestic Dispute' means a dispute restricted to a
disagreement between one single Employer and any of its Employees and which has
no affect on the ability of any other Employer to perform its work.
'Demarcation Dispute' means a dispute between Employers,
Unions and/or Employees over which Employees or Union members have the rights
to carry out the disputed work.
'Employee' means a person engaged by an Employer under the
terms of either a State award or enterprise agreement, or to the extent legally
permissible, a Federal award or agreement, or recognised industry piece work or
contract rates agreement who performs work on-site in connection with a
contract package or sub-contract package for the Project.
'Employer' means Baulderstone Hornibrook Engineering and any
Contractor or Sub-Contractor who performs Work On-Site.
'Enterprise Agreement' means any agreement approved or
certified under the Industrial Relations
Act 1988 (Cth), Workplace Relations
Act 1996 or the Industrial Relations
Act 1996 (NSW).
'Labor Council' means the Labor Council of NSW a state
branch of the ACTU.
'Baulderstone Hornibrook Project Manager' means the person
nominated by Baulderstone Hornibrook from time to time as its most senior
representative on the Project.
'Parties' means Employers, Labor Council, Employees and
their Unions.
‘Pattern Agreement’ means the agreement, as to common rates
and relativities applicable in the Building and Construction Industry, when
confirmed in writing between the Labor Council of New South Wales and the
Master Builders’ Association of New South Wales.
'Project Allowances' means the allowances payable under
Clause 15 of this Award.
'Project' means the M5 East Project being managed or
constructed by the Contractors.
'Project Consent Award' means this Award.
'Project Completion Date' means the date of practical
completion agreed between the Contractors and the client for all works.
'Project Dispute' means a dispute over a matter which
affects more than one Employer and any of their Employees.
'Safety Officer' means the on-site safety adviser monitoring
safety matters related to construction.
'Shift Worker' means any Employee engaged on the Project
required to work shift work.
'Sub-Contractor' means an Employer who has been approved by
the Contractor to carry out Work On-Site in connection with a sub-contract
package of work.
'Tradesperson' means an Employee engaged as a tradesperson
including but not limited to a Carpenter, Bricklayer, Tilelayer, Plasterer,
Painter, Glazier, Ceramic Tiler, Plumber and Gasfitter, Sprinkler Pipe Fitter,
Joiner, Metal Tradesperson, Electrician, and Cabinet Maker.
'Tunnelling' means the underground excavation between the
driven portals near Bexley Road and the portals at Marsh Street, including the
air ventilation tunnel running from the exhaust structure at Turrella to the
motorway tunnel at Duff Street .
'Tunnelling Contractor' means either the Contractor or one
or more sub-contractors engaged by the Contractors to carry out excavation of
the tunnel.
'Underground Work' means work inside the Tunnel but not
tunnel excavation work and including construction of decking, electrical,
mechanical, stormwater and pavements.
'Unions' means each of The Construction, Forestry, Mining
and Energy Union (Construction and General Division), New South Wales
Branch. The Australian Workers’ Union
Greater New South Wales Branch; The Electrical Trades Union of Australia, New
South Wales Branch; The New South Wales Plumbers & Gasfitters Employees’
Union; Automotive, Food, Metals, Engineering, Printing and Kindred Industries
Union, New South Wales Branch; Transport Workers Union of Australia, New South
Wales Branch.
'Union Delegate' means an Employee of any Employer elected
to act as the representative Union Delegate for the Employees.
'Work On-Site' means all on-site construction work that is
carried out on the Project.
5. Scope, Terms
and Application of Award
(a) Scope of Work
The nature and extent of the Project Works comprise
construction of approximately 10Km of Motorway including:
i) a dual
carriageway motorway (providing a section of the M5 Motorway) from the existing
M5 Motorway, west of King Georges Road, Beverly Hills, to tie in to General
Holmes Drive, Mascot, east of the Sydney Airport Runway overbridge;
ii) provision of
all connections, modifications and improvements necessary to link the Motorway
to the existing traffic network and to the M5 South West Motorway Duplication
Works in the permanent traffic configuration and to ensure the continued
functioning of the surrounding traffic network at the specified standard;
iii) all
associated road drainage, lighting, road furniture, signage and pavement
marking.
(b) M5 East
Project Consent Award 1999.
This Award shall cover Work On-Site carried out by Employees
who are classified in work or perform work described in those awards referred
to in Annexure A. The terms of this Award will be observed by all Employers,
Unions and Employees subject to the law until the expiry of the Award on the
Project Completion Date.
All Employees shall be paid in accordance with the
applicable award and or Enterprise Agreement that exists between each Employer
and their Employees.
Where any term and condition of employment in this Award
provides a greater benefit to an Employee than the terms and conditions
applying to that Employee under any award or Enterprise Agreement, Federal or
State, then this Award shall apply subject to the law.
This 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 Award shall not apply to any off-site work.
This Award does not apply to the following organisations,
including but not limited to Roads and Traffic Authority of NSW, Sydney Water,
Australian Water Technologies, AGL Gas Company (NSW) Limited, Telstra
Corporation Limited, Visionstream Pty Ltd, Optus Communications, Energy
Australia, Kogarah Council, Canterbury Council, Rockdale City Council or to
their employees. The only exception will
be where any of the above companies, Government or Semi Government
instrumentalities tender for work on the Project in competition to other
contractors and are awarded a contract on that basis. Under these circumstances the provisions of this Award will
apply.
This 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 the Project
in excess of two (2) hours per day.
These applicable drivers will be entitled only to the provisions of
Clause 19 of this Award. Lorry Owner
Drivers are not entitled to the provisions of this Award. This Award does not
apply to the operation and maintenance of the finished facilities.
(c) Other awards
Where this Award is found not to apply to a circumstance or
event, or that the intent of any clause of this Award is unclear, reference may
be made to any relevant award listed in Annexure A for clarification in so far
as an issue relates to a class or particular classification of Employee
involved.
In the event that the Parties are unclear on which provision
applies then Clause 38 of this Award shall be immediately invoked. If, in the opinion of the Industrial
Relations Commission of NSW, conciliation will not resolve the issue,
Arbitration will take place before the Commission,
6. Date of
Operation
This Award shall operate on and from 23 March 2000 until the
Project Completion Date.
The changes made to this award to give effect to Section 19
of the Industrial Relations Act 1996
and the Commission's Principles for review of awards shall take effect on and
from 16 May 2001.
7. Single
Bargaining Unit
For the purposes of negotiating and finalising this Award,
the Unions were fully represented by a single bargaining unit, under the
auspices of the Labor Council of New South Wales, consisting of the following
Unions:
The Construction, Forestry, Mining and Energy Union
(Construction and General Division), New South Wales Branch.
The Australian Workers' Union Greater New South Wales
Branch.
The Electrical Trades Union of Australia, New South Wales
Branch.
The New South Wales Plumbers & Gasfitters Employees'
Union.
Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union, New South Wales Branch.
The Transport Workers Union of Australia, New South Wales
Branch.
8. Flexibility
The Parties are committed to a flexibility of jobs and
duties, and acceptance of improved work Organisation which means unimpeded
flexibility and interchangeability such that every individual Employee will
perform any task that the Employee is competent to perform, provided that such
tasks are safe, legal and logical and within the classification structure of
their award or Enterprise Agreement and -consistent with the scope of work on
the Project of their Employer.
9. Hours of Work
The ordinary hours of work shall be an average 38 hours per
week, 8 hours per day to be worked Monday to Friday between the hours of 6.00
am and 6.00 pm except for those Employees engaged on shift work. The normal hours of work within this spread
of hours shall be as determined by the Employer in consultation with Employees
to meet the needs of the Employers contract for the Project, and the Project
Completion Date. The ordinary hours of work, once established, may be varied by
agreement between the Employer and the majority of Employees concerned and
their Union. Hours of work for shift
workers will vary depending upon the particular shift an Employee is required
to work.
10. Maximising
Working Time
The Parties agree that to complete the Project on time it is
necessary (and therefore it is the intent of this Award) that the time
available for productive work must be maximised. This will involve the use of overtime and shift work.
Crib and lunch breaks may be staggered for individual
Employers and Employees so that work does not automatically cease during crib
and lunch breaks. Amenities and
facilities will be maintained and cleaned regularly to ensure clean and
comfortable facilities are available to Employees at all times. Prior to the introduction of staggered crib
and lunch breaks, agreement with the majority of Employees and the appropriate
Union Delegate will be reached.
Work may be performed on any RDO and each Employer will
arrange with its Employees the banking of RDO's and alternative days off. Each Employer will seek the agreement of the
appropriate Union Delegate who represents the Employee's concerned. Any banking of RDO's will be with the majority
of the Employee's consent. The banking of RDO's is not accepted by the CEPU
Plumbing Division.
There is a limit of 5 RDO's to be banked for each 12 month
period. RDO's adjacent to public
holidays shall be taken, not banked.
Details of RDO hours being accrued will be recorded on each
Employee's pay slip.
Sub-Contractors will advise Baulderstone Hornibrook five (5)
days prior to any RDO of their requirements to work or observe the industry RDO
provisions. Any Contractor or
Sub-Contractor wishing to work on the industry RDO must obtain approval from
Baulderstone Hornibrook.
Baulderstone Hornibrook may from time to time following
consultation between the Parties decide to close the Project on an RDO.
11. 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 Award as a result of a private treaty as described above nor will
they seek redress from any Employer.
Subject to the State or Federal legislation nothing in this
clause represents an endorsement of "all in payments" or sham
subcontract arrangements which are prohibited on the Project. Any Sub-Contractor involved in such
practices shall be removed from the Site.
12. Tunnel Work
The Parties recognise that tunnelling is a significant
aspect of the Project and is an activity which requires prompt action and
flexible attitudes. Accordingly, it
will be necessary for Employees engaged on such work-to-work overtime and shift
work in accordance with Project requirements.
All Employees engaged on Tunnel Work will be advised of the need to work
overtime on the Project.
13. Shift Work
The Parties acknowledge that shift work will apply on the
Project. Employee's required to work
shift work will be paid the appropriate shift work loadings under the terms of
the applicable award and/or enterprise agreement.
14. Enterprise
Agreements
14.1 Each Employer
will utilise their existing enterprise agreement on the Project. This Award is generally intended to
supplement and co-exist with the terms of existing enterprise agreements and
its primary purpose is to provide a framework for Baulderstone Hornibrook and
the Employers to manage those issues on the Project which affect or may affect
more than one Employer. The Parties
acknowledge that there will be Employers on the Project who have entered into
enterprise agreements with their Employees and there will be Employers who have
not done so.
In recognition of the objectives of the Commonwealth and NSW
Governments to increase efficiency and productivity in the industry, the
Parties agree to encourage all those Employers who have not already done so to
enter into enterprise agreements. Such
Employers will be encouraged to use their best endeavours to attempt to
negotiate and conclude within 3 months of their engagement by Baulderstone
Hornibrook, an enterprise agreement in accordance with the Workplace Relations Act 1996 or the Industrial Relations Act 1996 (NSW) and the following guidelines:
a) the Employer
must comply with the relevant legislative framework for negotiating an
Enterprise Agreement. Baulderstone
Hornibrook, the Labor Council of New South Wales, and relevant Union will
provide advice upon request;
b) the proposed
enterprise agreement should provide genuine productivity improvements, wage
increases and other benefits.
14.2 If a proposed
enterprise agreement as contemplated by this Clause 14 is not concluded within
a reasonable time then the Parties will implement the following sequential
series of conferences in an endeavour to conclude a mutually acceptable
Enterprise Agreement.
The chairperson of the Monitoring Committee and
representatives of the relevant Union to which the Employees belong shall meet
with senior head office management of the Employer. The Employer may seek advice from the Monitoring Committee on the
format to conclude negotiations for an Enterprise Agreement.
During this process the Unions will not engage in industrial
action which affects the Project.
14.3 Enterprise
Agreements which expire during the life of this Project shall be re-negotiated
in a fair and equitable way.
15. Sub-Contracting
Baulderstone Hornibrook acting in the capacity of Contractor
shall have the discretion to engage one or more Employers in a particular
trade, discipline or package of work.
Baulderstone Hornibrook may let a 'package' of work to another 'head'
contractor who will in turn then engage other Employers as Sub-Contractors.
This provision shall be subject at all times to compliance
with legal and contractual requirements (including this Award) and is not
intended to encourage to ‘pyramid sub-contracting arrangements'.
16. Legal and
Contractual Obligations of Contractors
The Parties recognise that it is in the interests of sound
industrial relations on the Project that Employers meet all their obligations
including payment of employment benefits under this Award, other enterprise
agreements or applicable awards and legislation. As part of the shared concern of the Parties that sound
industrial relations are maintained the Parties stress the importance of:
(a) Compliance
with award obligations, enterprise agreement or this Award provisions; and
(b) Employers not
entering into arrangements or contracts designed to circumvent award or
legislative obligations including inappropriately treating a genuine Employee
as an independent contractor and/or inappropriate application of the prescribed
payment system (PPS); and
(c) Compliance
with statutory requirements for Workers Compensation.
The terms of this clause are to be specifically drawn to the
attention of each Employer prior to it commencing work on the Project. If during the course of the Work On-site
non-compliance is identified it will be immediately rectified.
17. Project
Monitoring Committee
The Parties will establish a Monitoring Committee for the
purposes of resolving issues that may arise in the application of this Award.
The Monitoring Committee's members will be nominated by and
represent Baulderstone Hornibrook and the Employers, the Labor Council of NSW
and the Unions. The Monitoring
Committee's chairperson will be a Labor Council officer. The Monitoring Committee may invite other
persons to attend its meetings from time to time.
The Monitoring Committee will meet monthly, or as
required. The chairperson will be
responsible for issuing agendas and taking minutes.
The Monitoring Committee's primary charter is to ensure good
communication between the Parties to this Award concerning relevant issues that
may affect the Project and the Employees.
The Monitoring Committee will review the application of this Award on
the Project. It will also act as a
'last resort' negotiating forum for significant matters when other avenues of
resolution have been exhausted, All Parties attending Monitoring Committee
meetings shall co-operate to ensure the intent of this Award is maintained at
all times.
18. Training
Education and training will be provided on site to improve
and expand Employees skills.
Baulderstone Hornibrook will establish - within 2 months of
signing this Award a Training Plan for the Project. The Training Plan will be subject to endorsement of the
Monitoring Committee. This Training Plan will outline the types of training
that will be provided to Employees.
Sub-Contractors will be required to submit a Training Plan
to Baulderstone Hornibrook outlining the type of training they will provide
their Employees.
It is recognised that the site induction programme will be
attended by the total workforce engaged on the Project.
19. Project
Allowances
19.1 In
consideration of the increased productivity and benefits which will flow from
improved project co-ordination and management the following Project Allowances
will apply and be paid weekly to all Employees.
(a) Payment to All
Employees
Each Employee for accepting the common conditions in this
Award shall receive from his/her Employer a 'Commonality Allowance' of $1.00
paid for each hour worked; effective from the date each Employee commenced Work
On-Site.
(b) Payment to All
Employees
(subject to performance)
Each Employee for contributing to the timely completion of
their respective Employers work shall receive a 'Performance Allowance' of 85
cents paid for each hour worked, effective from the date each Employee
commenced Work On-Site.
19.2 Both Project
Allowances referred to in 19.1(a) and 19.1(b) shall be paid for hours worked
only and will not attract any penalty or premium.
19.3 The Parties
agree that if there is any question, dispute or difficulty in the application
of this clause 19 to a particular Employer because of any clause in its
existing-Enterprise Agreement they will confer to resolve such a question,
dispute or difficulty and, if necessary, Clause 38 shall apply.
19.4 Both Project
Allowance Payments shall be subject to Consumer Price Index (all capital
cities) Adjustment each 6 months with the first adjustment being from 31 July
1999.
20. Superannuation
Contributions
Each Employer shall comply with its award or Enterprise
Agreement and legislative obligations in respect of superannuation, except that
the minimum weekly contribution for all Employees shall be $60.00 per week
effective from the date of signing this Award.
The $60.00 per week contribution shall increase to $65.00 per week on
the 1 February 2000, to $70 per week from 1 March 2001 and to $75 per week from
1 March 2002.
21. Redundancy
Contributions
Each Employer shall comply with its award or Enterprise
Agreement provisions in respect of redundancy entitlements, except that the
minimum weekly contribution for all Employees shall be $46.00 per week
effective from the date of signing this Award. The $46 per week contribution
shall increase to $50 per week from 1 February 2000, to $55 per week from 1
March 2001 and to $60 per week from 1 March 2002.
22. Annual Leave
The quantum of annual leave shall be as prescribed by the
appropriate Federal Award or the Annual
Holidays Act 1944 NSW.
23. Long Service
Leave
All Employers shall strictly comply with the Building and Construction Industry Long
Service Payments Act 1986, NSW.
24. Induction
Prior to the commencement of employment on site, all
Employees shall attend an induction program given by Baulderstone Hornibrook’s
safety coordinators. The safety
induction program shall be either WorkCover or VETAB approved. Employers shall arrange inductions prior to
arrival on site. The program shall
include:
Scope, purpose and anticipated duration of the Project.
Familiarisation with, and understanding the terms and
conditions of employment contained within this Award.
Advice on Legislative, Site and Employer safety standards
and requirements.
Communication of the objectives and commitments the Parties
have established under this Award.
Specific reference to the application of the Avoidance of
Disputes Grievance Procedure and Continuous Operations Clauses.
Outline of any house rules, including disciplinary
procedures.
Advice to Employees in respect of the location of First Aid
facilities.
Each Employee will receive an induction card after
completing the induction program and access to the Project site will only be
granted to an Employee who exhibits the issued induction card. However, in the case of a lost card, an
Employee's identity will be confirmed prior to any issue of a temporary
induction card and ultimately a replacement card.
Each Employee's induction card must be carried by the
Employee whilst engaged on the Project and is not transferable under any
circumstances to any other person.
Any costs associated with the Safety inductions shall be
borne by each Employer of the Employee being inducted.
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.
A copy of this Project Award will be issued to employees at
this induction.
25. Safety and
Amenities Policy
Employers and Employees on the Project shall provide a safe
workplace in accordance with the Occupational
Health & Safety Act 1983, applicable WorkCover Authority Codes of
Practice and the Project Safety Plan.
Baulderstone Hornibrook shall provide or have each Employer
provide ablution, crib and all amenities in accordance with the Code of
Practice - Amenities for Construction Work 1997. Amenities on the Project will be regularly cleaned and
maintained.
26. Safety
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 Baulderstone
Hornibrook and Employee representatives of the relevant safety committee;
(c) Baulderstone
Hornibrook in conjunction with representatives of the safety committee 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
Baulderstone Hornibrook will immediately call the designated WorkCover
Authority inspector to recommend the rectification work. The WorkCover Authority inspector's decision
will be binding on all Parties.
Nothing in this clause shall negate or contradict any
obligations under the Occupational Health
and Safety Act 1983.
27. Non Smoking
Provisions
During the operation of this Award, certain areas of the
Project will be designated as non smoking zones.
All Site offices, amenities and any other enclosed areas
will be designated as non smoking zones.
Any person smoking within a designated no smoking zone shall
first be warned and counselled. Any
further smoking within designated no smoking zones will result in the
withdrawal of the safety induction card and that person being removed from the
Project.
Nothing in this Award shall affect the right of an Employer
and its Employees in making further non smoking provisions.
28. Project Safety
Committees
A Safety Committee will be established on each construction
zone across the Project.
Each Employee who is elected as a member of a safety
committee on the Project must have completed an accredited safety committee
training course or undertaken such a course within 3 weeks of being elected as
a member of the safety committee. If
other advanced safety training requirements are identified, they will be
implemented so as to ensure that the members of a safety committee are
adequately equipped. There will be a
constitution for safety committees adopted by agreement of the safety committee
prior to it commencing operation on site.
29. Protective
Equipment
The Employer shall provide suitable protective equipment to
an Employee when and where required in accordance with the provisions of the Occupational Health and Safety Act 1983
NSW, its Regulations, applicable WorkCover Authority Codes of Practice and
other recognised good safety practices.
Abuse and disregard of protective equipment used by
Employees will result in counselling of the Employee concerned, repeated
offences will result in the withdrawal of the safety induction card and that
person being removed from the Project.
Abuse and disregard by Employers of the protective equipment
provisions of this Award will result in counselling that Employer concerned,
repeated offences will result in that Employer being removed from the Project.
30. Workers'
Compensation
30.1 Employers shall
comply with the provisions of the Workers' Compensation Act and in particular
the display of relevant notices and maintenance of site accident report books.
30.2 Employees
engaged on the Project will report injuries and comply with claim requirements
at the earliest possible date after injury.
30.3 In cases where
the Employee is not in a position to personally comply with 30.2 above the
relevant Union or Employer will assist in fulfilling claim requirements and the
need:
to forward to the insurer within seven (7) days claim
documentation relating to the Employee's injury;
to telephone the insurer with details of the claim on
receipt of the claim and medical certificate;
the insurer will open a file and begin the processing of the
claim on receipt of a telephone call from the Employer; and
workers' compensation payments will be made to the injured
worker in an expeditious manner after the claim is agreed with the insurer.
Baulderstone Hornibrook will use it's best endeavours to
have workers' compensation payments made to injured workers expeditiously.
31. Workers'
Compensation Top-Up Cover and 24 Hour Accident Cover
Only to the extent that such cover is not otherwise
available to an Employee, Baulderstone Hornibrook shall effect with a company
of its choice both top-up workers' compensation insurance and 24 hour accident
cover. Benefits afforded by such cover
shall be equivalent to the benefits provided by Coverforce Insurance
Administrators Pty Ltd (ACN 067 079 261) under the company's Coverforce Top-Up
Accident Scheme.
Baulderstone Hornibrook shall have the discretion at any
time to affect the policy with any Company provided that the policy allows for
equivalent benefits and standard. The
only exception for providing such cover will be for Employers who engage CEPU
Electrical Division's members and are covered by the "Wage Cover"
scheme. In these circumstances no
double payments will occur.
32. First Aid
Facilities
Baulderstone Hornibrook will establish a first aid facility
at each construction zone location on the Project, staffed by an accredited
first aid officer. These facilities
will include all necessary equipment to assist the officer in his/her duties,
and will meet all the requirements of the Occupational Health and Safety (First
Aid) Regulation 1989.
Employers with site workforces in excess of 25 persons will
provide first aid chests meeting the requirements of the Occupational Health
and Safety (First Aid) Regulation 1989.
Employers will be encouraged to have Employees undertake appropriate first
aid training.
33. Inclement
Weather
Nothing in this Clause is intended to interfere with any
existing award or Enterprise Agreement arrangement between an Employer and its
Employees with respect to inclement weather.
The Parties intend to minimise lost time due to inclement weather and the
purpose of this Clause is to establish common procedures so that the welfare
and safety of Employees is respected and where it is safe to do so, work can
continue in an orderly fashion during periods of inclement weather. Employees who normally work in exposed work
areas accept that during periods of inclement weather, work in undercover work
areas may not be available to all Employees of a particular Employer and if
this is so, that some Employees will be required to work and some will be
required to wait until the inclement weather clears.
An Employee during periods of inclement weather will not be
unnecessarily required to remain on the Project after the decision on the
weather being inclement has been made by the Employers in consultation with the
Employees.
The Parties will adopt a reasonable approach with respect to
inclement weather procedures and what constitutes "inclement
weather'. Employees will accept
transfers from an exposed work area to an undercover work area not affected by
inclement weather if useful work is available in that area and that work is
within the scope of the Employee's skill, competence and training and can be
safely performed. Employees will walk
to and between work areas where it is safe and reasonable to do so in order to
continue work in areas unaffected by inclement weather.
During and after periods of inclement weather the
Baulderstone Hornibrook Project Manager, after consultation with the Safety
Committee, will advise each Employer of those areas where it is reasonable and
safe for work to continue or recommence.
Each Employer will then determine with its Employees any
steps necessary to ensure that work can continue in a safe manner. In all cases, priority will be given to
ensuring that a safe workplace is provided and safe systems of work are used.
Nothing in this procedure will negate or contradict the
rights of the safety committee under the terms of the Occupational Health and Safety Act 1983.
34. Clothing
Employers will provide their Employees with the following
items of clothing provided that if an Employer has obligations to provide
clothing under an award, Enterprise Agreement of an equivalent standard then
such Employer will not be bound by the terms of this clause.
(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 the Employer for inspection.
(b) Overalls,
Combination or Bib & Brace & Shirts or Trousers & Shirts
2 sets of protective clothing will be provided after
accumulated employment on the Project 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 the Employer 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 supplied by
the Employer within the last three (3) month period, then the above will not
apply.
35. Apprentices
Apprenticeship ratios shall be in accordance with the NSW
Government guidelines for Apprentices.
Employers using plumbing Tradespersons will employ Apprentices in
accordance with Schedule C of the Sprinkler Pipe Fitters Award 1975.
36. 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, martial status,
disability, homosexuality, transgender identity, age 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 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-decimation 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 decimation in any State or federal
jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
37. Personal/Carers
Leave
(1) Use of Sick
Leave
1.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 1.1.3 (ii) who needs the employee’s care and support, shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, for absences to provide care and support, for such persons
when they are ill. Such leave may be taken for part of a single day.
1.1.2 The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person, In normal circumstances, an
employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
1.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a 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.
1.1.4 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
1.2 Unpaid Leave
for Family Purpose
1.2.1 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
1.1.3(ii) above who is ill.
1.3 Annual Leave
1.3.1 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.
1.3.2 Access to
annual leave, as prescribed in paragraph 1.3.1 above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
1.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
1.4 Time-off in
Lieu of Payment for Overtime
1.4.1 An employee may
elect, with the consent of the employer, to take time-off in lieu of payment
for overtime at a time or times agreed with the employer within twelve (12)
months of the said election.
1.4.2 Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
1.4.3 If, having
elected to take time as leave in according with par 1.4.1 above, the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve (12) month period or on termination.
1.4.4 Where no
election is made in accordance with par 1.4.1, the employee shall be paid
overtime rates in accordance with the award.
14.4.5 for the purpose
only of providing care and support for a person in accordance with clause 1.1
above, a despite the provisions of [insert clause number referring to a general
time-off in lieu arrangements] the following provisions shall apply.
1.5 Make-up Time
1.5.1 An employee may
elect, with the consent of the employer, to work "make up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award at
the ordinary rate of pay.
1.5.2 An employee on
shift work may elect, with the consent of the employer, to work "make up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time at a later time), at the shift work rate which
would have been applicable to the hours taken off.
1.6 Rostered days
off
1.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
1.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
1.6.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
1.6.4 This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the unions to participate in negotiations.
38. Notice Board
Baulderstone Hornibrook shall provide notice boards of
reasonable dimensions to be erected in prominent positions adjacent to crib
facilities. An accredited union
representative, Baulderstone Hornibrook, or the Employer shall be permitted to
put on the notice board, notices authorised by the representative posting
them. Any notice posted on such board
not so authorised may be removed by an accredited union representative,
Baulderstone Hornibrook, or the Employer.
39. Right of Entry
Subject to the Industrial
Relations Act 1996, to facilitate the communication process, a duly
accredited officer of a Union Party to this Award, when visiting the Project is
to advise the Baulderstone Hornibrook Project Manager or nominee of his/her
presence on the Project upon arrival.
40. Avoidance of
Disputes - Grievance Procedures
It is a condition of employment and a fundamental requirement
of this Award that this clause be observed in its entirety by all Parties to
this Award.
On all occasions, any issue, grievance or dispute over any
matter between the Parties to this Award shall be settled in accordance with
this procedure without resorting to industrial action. This shall apply whether the matter in
dispute relates directly to site employment or not, or whether it relates to a
matter dealt with by this Award or a relevant award, or not.
Parties to this Award will not be disadvantaged by
continuity of operations. It is agreed
that issues and disputes will be processed through Avoidance of Disputes -
Grievance Procedure and where required, with the assistance of the Monitoring
Committee.
The Parties shall use their best endeavours to prevent
disputes arising on the Project. In the
event that a dispute does arise:
(a) the status quo
which existed prior to the dispute shall prevail and work shall continue
without prejudice to any of the Parties;
(b) the Parties
shall use their best endeavours to resolve the dispute, using the relevant
steps in the following procedures.
Domestic Disputes
In the event of a Domestic Dispute the Parties will use
their best endeavours to resolve the dispute as follows:
(a) in the first
instance, the Employee or Employees concerned and the immediate supervisor of
the relevant Employer and if required, the Union Delegate shall endeavour to
resolve the grievance or dispute;
(b) if after step
(a) the matter is not resolved, then the Employer's senior management, and
Union Delegate shall confer in an endeavour to resolve the dispute;
(c) if after step
(b) the matter is still not resolved, then the relevant Union secretary or
nominee, the Employer's senior management and the Baulderstone Hornibrook
Project Manager, shall confer in an endeavour to resolve the dispute;
(d) if after step
(c) the matter remains unresolved, any of the Parties may notify a dispute to
the Industrial Relations Commission but at the same time the Parties may
continue to confer through the Labor Council of NSW or the Monitoring Committee
to try and resolve the dispute.
Project Disputes
In the event of a Project Dispute, the Parties will use
their best endeavours to resolve the dispute in the following steps:
(a) in the first
instance, the most senior on-site manager of each Employer and its Union
Delegate involved in the dispute will confer;
(b) if after step
(a), the matter is not resolved then the secretary of the relevant Union or
nominee, the Baulderstone Hornibrook Project Manager, and the senior management
of the Employers involved shall confer in an endeavour to resolve the dispute;
(c) if after step
(b) the matter is still not resolved, the Employers or the Union(s) may notify
a dispute to the Industrial Relations Commission but at the same time the
Parties may continue to confer through the Labor Council of NSW or the
Monitoring Committee to try and resolve the dispute.
Demarcation
In the event of any demarcation dispute on the Project no
stoppage or industrial action shall be taken over actual or potential
demarcation issues and the genuine status quo shall apply. The genuine status quo shall be the way the
work had been allocated by the respective employer prior to the dispute.
In the event of such disputes arising the issues shall be
resolved by reference to the Labor Council in accordance with the ACTU
guidelines for the resolution of demarcation disputes. Should the matter not be resolved by the
Labor Council, the matter may be referred to the Industrial Relations
Commission of New South Wales or the Australian Industrial Relations
Commission.
Throughout the process referred to above, the work in
question shall continue.
Award Disputes
In the event of a dispute concerning this Award the Parties
to the dispute will use their best endeavours to resolve the dispute using the
Award Disputes procedure. Where the
Parties to the dispute are unable to reach agreement the matters will be
referred to the Industrial Relations Commission of NSW for determination.
41. Not a
Precedent
The Parties will not use this Award as a precedent on any
other project.
42. No Extra
Claims
The Unions will not make any extra claims in respect of
matters covered by this Award for the duration of the Project.
43. Adjustments to
Superannuation and Redundancy Contributions
It is understood by the parties to this Award that after 1
October 1999, a new pattern agreement may exist. The new pattern agreement will
state when its terms become payable ("the date"). This new pattern
agreement may contain superannuation and redundancy contributions which are
higher than the contributions in clauses 20 and 21 of this Award. If this
occurs, then the higher pattern agreement contributions shall be paid to
employees covered by this Award, commencing from their first pay period after
the date.
44. Signatures
SIGNED for and on
behalf of
BAULDERSTONE
HORNIBROOK
ENGINEERING PTY
LIMITED
in the presence of
................................ ................................
Signature of Witness Date
................................ ................................
Name of Witness
(Print) Date
SIGNED for and on
behalf of
THE LABOR COUNCIL OF
NSW
in the presence of
................................ ................................
Signature of Witness Date
................................ ................................
Name of Witness
(Print) Date
SIGNED for and on
behalf of
THE CONSTRUCTION,
FORESTRY,
MINING AND ENERGY
UNION,
(CONSTRUCTION AND
GENERAL DIVISION)
NSW BRANCH
in the presence of
................................ ................................
Signature of Witness Date
................................ ................................
Name of Witness
(Print) Date
SIGNED for and on
behalf of
THE AUSTRALIAN
WORKERS'UNION GREATER
NEW SOUTH WALES
BRANCH
in the presence of
................................ ................................
Signature of Witness Date
................................ ................................
Name of Witness
(Print) Date
SIGNED for and on
behalf of
THE ELECTRICAL TRADES
UNION OF
AUSTRALIA NEW SOUTH
WALES BRANCH
in the presence of
................................ ................................
Signature of Witness Date
................................ ................................
Name of Witness
(Print) Date
SIGNED for and on
behalf of THE TRANSPORT
WORKERS' UNION OF
AUSTRALIA
NEW SOUTH WALES
BRANCH
in the presence of
................................ ................................
Signature of Witness Date
................................ ................................
Name of Witness
(Print) Date
SIGNED for and on
behalf of
THE NEW SOUTH WALES
PLUMBERS’ & GASFITTERS
EMPLOYEES’ UNION
in the presence of
................................ ................................
Signature of Witness Date
................................ ................................
Name of Witness
(Print) Date
SIGNED for and on behalf
of
AUTOMOTIVE, FOODS,
METALS, ENGINEERING,
PRINTING &
KINDRED INDUSTRIES UNION NEW
SOUTH WALES BRANCH
in the presence of
................................ ................................
Signature of Witness Date
................................ ................................
Name of Witness (Print) Date
ANNEXURE A
Notation: This schedule is to be read in conjunction with
relevant definitions in clause 4, Definitions
CLASSIFICATIONS COVERED BY THIS PROJECT CONSENT AWARD
Those classifications covered by the following Awards
Federal Awards
National Building and Construction Industry Award 1990
National Metal and Engineering On-Site Construction Industry
Award
Plumbing Industry (New South Wales) Award 1983
Sprinkler Pipe Fitters Award 1975
Mobile Crane Hiring Award
Asphalt & Bitumen Industry (NSW & ACT) Award 1999
State Awards
General Construction and Maintenance, Civil and Mechanical
Engineering
(State) Award
Asphalt and Bitumen Industry (State) Award
Building and Construction Industry Labourers' On-Site
(State) Award
Building Tradesmen (State) Construction Award
Electrical Contracting Industry (State) Award
Plant, &c, Operators on Construction (State) Award
Plumbers and Gasfitters (State) Award
Landscape Gardeners &c. on Building and General
Construction and
Maintenance Civil and Mechanical Engineering (State) Award
Transport Industry State Award and Transport Industry Mixed
Enterprise
State Award and applicable NSW Determinations.
P. J. SAMS, DP
____________________
Printed by the authority of the Industrial Registrar.