MOUNT ARTHUR NORTH CONSENT AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Industry Group, New South Wales Branch, industrial organisation of employers.

 

(No. IRC 6252 of 2001)

 

 

AWARD

 

Clause No.          Subject Matter

 

1.         Title

2.         Application and Scope

3.         Parties to the Award

4.         Intent

5.         No Extra Claims

6.         Community Standards

7.         Period of Operation

8.         Contract of Employment

9.         Induction

10.       Wage Rates, Groupings and Allowances

11.       Hours of Work

12.       Public Holidays

13.       Sick leave

14.       Annual Leave

15.       Jury Service

16.       Carer’s Leave

17.       Bereavement Leave

18.       Parental Leave

19.       Inclement Weather

20.       Disputes Procedure

21.       Demarcation Disputes Procedure

22.       Living Away - Distant Work

23.       Drug and Alcohol Policy

24.       Protective Clothing and Equipment

25.       Testing Electrical Equipment

26.       Union Membership

27.       Meetings of Employees to Discuss Award and Related Issues

28.       On Site Register

29.       Anti Discrimination

 

Appendix A - Inclement Weather Guidelines

 

Appendix B - Authority To Obtain From Dima Details Of Immigration Status

 

Appendix C - Declaration of Usual Place of Residence

 

Appendix D - Drug and Alcohol Policy

Appendix E - Alcohol Testing Procedure

Appendix F - Drug Testing Procedure

Appendix G - Code of Confidentiality (Testing Officer)

Appendix H - Groups to be Tested

 

1.  Title

 

This Award shall be known as the Mount Arthur North Construction Project Consent Award 2001.

 

2.  Application and Scope

 

This Award shall apply only to all contractors, sub-contractors, and suppliers of supplementary labour engaged on surface construction work at the Mount Arthur North Project, New South Wales.

 

Provided that the Award shall not apply to:

 

Statutory employees

 

Management and supervisory personnel

 

Future operations personnel`

 

Engineers/Surveyors

 

Clerical and Administration Personnel

 

Security Personnel

 

Employees of suppliers engaged in the deliveries of materials and equipment to and from the site.  The parties agree that this exclusion shall not apply to employees who upon delivering materials and equipment from off-site to the project perform construction work on the project eg. employees who deliver scaffolding to the project who then erect the scaffolding are covered by this Award in respect of the work performed on the project.

 

Off site infrastructure and pre-assembly work associated with the project undertaken by all contractors, sub-contractors or suppliers of supplementary labour in any premises, workshop or fabrication shop that is not attached to, or part of the project site.

 

This Award shall have no application to plant commissioning, operations or maintenance or to any other work after turnover of work or to any other activities for which the contractors and sub-contractors are not responsible.

 

3.  Parties to the Award

 

The parties bound by this Award are:

 

(1)        Australian Industry Group on behalf of all contractors, sub- contractors and suppliers of supplementary labour (labour hire companies) engaged on work which falls within the application and scope of this Award.

 

(2)        All employees of contractors, sub-contractors and suppliers of supplementary labour engaged on work which falls within the application and scope of this Award whether members of the organisations listed in (c) or not.

 

(3)        The organisations which represent the employees defined in (b), namely:

 

Labor Council of New South Wales.

 

The Australian Workers Union, New South Wales.

 

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.

 

Construction, Forestry, Mining and Energy Union (New South Wales Branch).

 

Electrical Trades Union of Australia, New South Wales Branch.

 

The New South Wales Plumbers and Gasfitters Employees’ Union.

 

Transport Workers’ Union of Australia, New South Wales Branch.

 

4.  Intent

 

This Award shall stand on its own and shall not except as specifically provided for in this Award be affected by outside wage or condition movements.

 

This Award shall apply exclusively to the services activities as described in Clause 2 and to the maximum extent permitted by the Industrial Relations Act 1996, no other Industrial Awards or Agreements (whether State or Federal) shall apply to the employees, the employer or the Unions bound by this Award.

 

No alteration shall be made to this Award during its period of operation other than by mutual agreement of the parties or determination pursuant to Clause 20 Disputes Procedure.

 

This Award shall not be used as a precedent by any of the Parties in respect of any other project or enterprise.

 

5.  No Extra Claims

 

It is a term of this Award that the parties bound by this Award shall not pursue any extra claims, award or over-award, for the duration of the Award.

 

This includes claims related to changes arising from Award variations or decisions of the Industrial Relations Commission of New South Wales (the Commission) other than as provided for in Clause 6, Community Standards.

 

6.  Community Standards

 

The parties acknowledge that during the term of this Award significant changes to community standards in respect of terms and conditions of employment may occur.

 

In the event that such a change/s does occur other than to wages and allowances but including casual loadings the parties to this Award shall discuss this change and the implications of a possible variation to this Award to the Mount Arthur North Project.

 

If the parties are unable to resolve any issue arising out of these discussions the issue shall be processed through the Disputes Procedure (Clause 20).

 

This shall not constitute a re-opening of negotiations on the terms and conditions of this Award.

 

The operation of this Clause is subject to no industrial action being or having been taken by employees engaged on the project in relation to the change.

 

7.  Period of Operation

 

This Award shall operate from the first pay period to begin on or after 3 October 2001 and shall remain in force for a period of three (3) years from that date.

 

 

 

8.  Contract of Employment

 

(1)        The contract of employment for all employees other than casual employees shall be by the week.

 

(2)        For other than casual employees, either party shall give a week’s notice of termination of the employment engagement exclusive of accrued rostered days off or one (1) week’s pay shall be paid or forfeited in lieu thereof.

 

(3)        Applicants for positions on the project shall be required to complete an Immigration Compliance Authority, contained in Appendix B to authorise their potential employer to obtain from the Department of Immigration and Multicultural Affairs details of their immigration status.  No person shall be allowed to undertake any work on the project unless it is verified he/she has the right to work.  Copies of this request shall be available to the Labor Council.

 

(4)        A casual employee is employed on an hourly basis and paid as such with a minimum payment of four (4) hours.  Casual employees shall be paid a 20% casual loading in compensation for other benefits under this Award to which a Casual Employee has no entitlement, The casual employee is entitled to pro-rata Redundancy payments and Superannuation in accordance with the Superannuation legislation.

 

(5)        Nothing in this Clause shall affect the right of a contractor, sub-contractor or supplementary labour to dismiss an employee, without notice, for misconduct or refusing lawful duty.

 

(6)        Nothing in this Clause shall affect the right of a contractor, sub-contractor or supplier of supplementary labour to dismiss an employee for breaches of site rules, safety rules or regulations, subject to appropriate investigation having been made, counselling extended, and the dispute settlement procedure being effectively processed.

 

(7)        Nothing in this clause shall affect the right of an employee to pursue a claim for unfair dismissal through the relevant State or Federal tribunal.

 

A contractor, sub-contractor or supplier of supplementary labour may deduct payment for any day upon which an employee cannot be usefully employed because of any strike by or participation in any strike by any member of a Union employed by a contractor, sub-contractor or supplier of supplementary labour or because of any strike by or participation in any strike by any other Union, organisation or association or by any branch thereof, or by any members thereof who are employed by a contractor, sub-contractor or supplier of supplementary labour or, because of any stoppages of work (other than for site conditions within the allowance prescribed in Clause 19, Inclement Weather hereof) by any cause including breakdown of machinery or failure/lack of power, for which cause the contractor/sub-contractor/supplier of supplementary labour is not responsible.

 

9.  Induction

 

All employees shall attend a paid Construction Site Induction Course (4 hours duration), on the Project site, which in addition to other matters shall cover Site Safety Procedures and the provisions of this Award.  Such an induction shall occur prior to the commencement of work on site.

 

Employees shall acknowledge in writing receipt and understanding of material provided in the course of this program.

 

Employees shall have to demonstrate a clear understanding of the issues raised during the induction, prior to commencing actual work on site.

 

Officials of the parties to this Award may attend and participate in sessions.

 

 

 

 

 

10.  Wage Rates, Groupings and Allowances

 

(1)        Allocation to Groupings

 

Group AA - 105%

$875.29

 

All Trades Persons Special Class

 

Mechanical Plant Operators Groups F, G, & H

 

Mobile Cranes over 70 tonnes (add $1.73 for every 5 tonnes in excess of 90 tonnes)

In addition to performing any duties within Group AA (subject to capability), employees in this Group will perform any of the duties of Groups E, D, C, B or A provided such duties are:

 

Within the skills, competence, qualifications and training of the employee concerned, and;

Consistent with occupational health and safety and statutory requirements; and Related to the contract work of the employer and incidental to the employee’s substantive role.

 

Group A - 100%

$833.61

 

All Trades Persons

 

Mechanical Plant Operator Groups C, D & E

 

Transport Workers Grade 6, 7 & 8

 

Mobile Crane Operator lifting capacity 40 tonnes but not exceeding 70 tonnes

 

In addition to performing any duties within Group A (subject to capability), employees in this Group will perform any of the duties of Groups E, D, C or B provided such duties are:

 

Within the skills, competence, qualifications and training of the employee concerned, and;

 

Consistent with occupational health and safety and statutory requirements; and

 

Related to the contract work of the employer and incidental to the employee’s substantive role.

 

Group B - 97%

$808.60

 

Mechanical Plant Operators Group B

 

Concrete Pump Operator

 

Batch Plant Operator/Weigher and Batcher

 

Transport Worker, Grade 4 and 5

 

Cable Joiner

 

Driver of graders over 100 brake horse-power

 

Mobile Crane operator lifting capacity up to 40 Tonnes.

 

In addition to performing any duties within Group B (subject to capability), employees in this Group will perform any of the duties of Groups E, D, or C provided such duties are:

 

Within the skills, competence, qualifications and training of the employee concerned, and;

Consistent with occupational health and safety and statutory requirements; and

Related to the contract work of the employer and incidental to the employee’s substantive role.

 

Group C - 95%

$791.93

 

Mechanical Plant Operators Group A

 

Groups 3 and 4 (AWU Labourers)

 

Groups 1 and 2 (CFMEU Labourers)

Bituminous Spray Operators

 

Riggers

 

Steel Fixer/Concrete Finisher

 

Sheetmetal Worker - 2nd class

 

Dogman/Crane Chaser

 

Scaffolder

 

Driller Operator - shot drilling machine

 

Driver of Graders up to 100 brake horse-power

 

Transport Workers, grade 1, 2 and 3

 

In addition to performing any duties within Group C (subject to capability), employees in this Group will perform any of the duties of Groups E, or D provided such duties are:

 

Within the skills, competence, qualifications and training of the employee concerned, and;

 

Consistent with occupational health and safety and statutory requirements; and

 

Related to the contract work of the employer and incidental to the employee’s substantive role.

 

Group D - 91%

$758.59

 

Group 2 (AWU Labourer including AWU Store Person)

 

Group 3 (CFMEU Labourers)

 

Lagger

 

Crane Chasers (engaged in loading and unloading and/or other work associated with storage area)

Laboratory Labourers

 

In addition to performing any duties within Group D (subject to capability), employees in this Group will perform any of the duties of Groups E provided such duties are:

 

Within the skills, competence, qualifications and training of the employee concerned, and;

 

Consistent with occupational health and safety and statutory requirements; and

 

Related to the contract work of the employer and incidental to the employee’s substantive role.

 

Group E - 88%

$733.58

 

Trades Person’s Assistants

 

Survey Field Hands

 

Group 1 (AWU Labourers)

 

Dresser and Grinder

 

Driller’s Assistant

 

Cold Saw Operator

 

Store Person

 

Employees in this Group will perform any of the listed Group E duties, provided such duties are:

 

Within the skills, competence, qualifications and training of the employee concerned, and;

 

Consistent with occupational health and safety and statutory requirements; and

 

Related to the contract work of the employer and incidental to the employee’s substantive role.

 

Notwithstanding the grouping of classifications in subclause (1) herein should an employee be able to show bona-fide qualifications (as pertaining to their classification) consistent with the requirements of their parent Award, e.g. Award Restructuring in the Building and Construction industry of the National Building and Construction Industry Award 2000 the employee shall be moved into the most appropriate group.

 

If the parties are unable to reach agreement on any matter arising out of this provision the provisions of the Disputes Procedure (Clause 20) shall be utilised.

 

(2)        Higher Duties

 

Where any employee on any day performs two or more classes of work to which a differential rate fixed by this Award is applicable, such person if employed for more than four (4) hours on the class or classes of work carrying the higher rate shall be paid in respect of the whole time during which the employee works on that day at the same higher rate.

 

This rate shall be at the highest rate fixed by this Award in respect of any such classes of work, and if employed for four hours of less on the class or classes of work carrying the highest rate, the employee shall be paid at such highest rate for four hours.

 

(3)        Wages

 

The rates prescribed in Groups AA, A, B, C, D and E are in substitution for those rates and allowances which but, for this Award, would apply to employees of contractors, sub-contractors and suppliers of supplementary labour engaged on the project and are for all purposes of this Award and, where applicable of the appropriate Award.  Such rates shall only be varied during the term of this Award, in accordance with the schedule as set out in subclause (6) below.

 

The parties may by agreement, include additional classifications within the groupings set out in this clause.  Any dispute as to the inclusion of additional classifications and/or the appropriate groupings for a particular classification shall be dealt with in accordance with the provisions of Clause 20, Disputes Procedure.

 

The rates of pay set out in this clause are inclusive of amounts in lieu of over-Award payments, Industry Allowance, Construction Allowance, Fares and Travelling (excluding excess fares where applicable) and Site Disability payments such as space, height, dirt, etc, Award special rates such as confined space, wet work, etc follow the job loadings, compensation for travel pattern mobility requirements, etc; inclement weather, wind, dust, etc; but excludes those allowances contained separately under this Award.

 

(4)        Apprentices

 

Apprentices employed on site will, in addition to the other benefits contained in this Award, be paid the following percentage of the Group A rate plus Tool Allowance.

 

1st Year	42%
2nd Year	55%
3rd Year	75%
4th Year	88%

 

Apprentices who attend a Technical College course on a prescribed rostered day off shall be afforded an alternative day to be mutually agreed and which will be within the five working days occurring after the prescribed rostered day off.

 

(5)        Allowances

 

Specialist Skills - Electrical employees who are qualified and required to perform such work shall receive the following all purpose allowance:

 

Electrical Licence	$26.00 per week
Electrical Special Class	$38.68 per week
Electrical Instrument Fitter	$38.68 per week
Instrument, Complex Systems	$38.68 per week

 

Specialist Skills - Mechanical:

 

Mechanical employees (as defined) who are qualified to Project standards and are required to perform such work shall receive the following all purpose allowance:

 

Instruments	$38.68 per week
Instrument, Complex Systems	$38.68 per week
Plumbing Licence	$38.20 per week
Plumbing Registration	$19.00 per week

 

Tool Allowance

 

A tool allowance of $20.90 per week shall be paid for all purposes to all trades persons.

 

Leading Hand Allowance

 

A person specially appointed to be a leading hand shall be paid an additional amount at the rate of the undermentioned weekly amounts which shall from part of the employee’s weekly all purpose wage.

 

In charge of not more than one (1) person	$11.40
In charge of two (2) and not more than five (5) persons	$26.60
In charge of six (6) and not more than ten (10) persons	$34.20
In charge of more than ten (10) persons	$45.60

 

 

 

In Charge of Plant Allowance

 

Where an employee is required by their employer:

 

To operate a piece of plant as defined for more than two (2) days in any given week and,

 

To conduct regular maintenance checks ie. complete daily checklists and provide to their supervisor on that plant and to undertake minor servicing eg. refuelling, greasing, oil replacement, tyre maintaining, tyre pressure etc

 

The employee shall be paid an allowance of $25.00 per week flat.

 

First Aid Allowance

 

An employee holding First Aid Qualifications from St. John’s Ambulance or a similar body and appointed to perform first aid duties shall be paid an allowance of $2.00 per day flat.

 

Meal Allowance

 

An employee required to work overtime for at least one and a half hours after working ordinary hours shall be paid by his/her employer an amount of $9.30 for the first meal break and for each subsequent meal should such overtime continue for more than four (4) hours after the first meal break, provided that this clause shall not apply to an employee who is provided with board and lodgings and provided with a suitable meal.

 

Excess Fares and Travel

 

Where an employee resides more than 50 km. from the job site, and utilises his/her own vehicle for travel to and from the job site a payment of 35 cents a km. is payable for the distance in excess of fifty (50) kilometres.

 

This payment shall not be made if the employer provides or offers to provide transport to and from the site each day.

 

(6)        Escalation of Rates

 

In consideration of the nature and duration of this project and the Award, escalations shall apply to the wage rates in this clause and the all purpose allowances in the said clause as set out below:

 

As from 1st January 2002 an increase of 2.5%

 

As from 1st July 2002 an increase of 2.5%

 

As from 1st January 2003 an increase of 2.5%

 

As from 1st July 2003 an increase of 2.5%

 

As from 1st January 2004 an increase of 2.5%

 

As from 1st July 2004 an increase of 2.5%

 

(7)        Superannuation

 

Each employer will contribute an amount of $65.00 per week for each employee.  This contribution shall increase as follows:

 

To $70.00 per week on 1st July 2002

 

To $75.00 per week on 1st July 2003

 

The payment shall be made into a recognised industry scheme.

 

Provided such contributions shall not be in addition to any contributions made in accordance with legislation or an enterprise agreement.  Should the legislation require a contribution greater than the amount above mentioned then the greater amount shall apply.

 

(8)        Termination Pay

 

In lieu of Award termination and redundancy payments otherwise payable, contractors and subcontractors shall contribute to ACIRT, MERT or an Occupational Redundancy Fund approved by the parties, an amount of $65.00 per week per employee, in respect of each completed week of employment at the construction site.

 

This amount shall be increased as follows:

 

To $70.00 per week on 1st July 2002

 

To $75.00 per week on 1st July 2003

 

(9)        Workers Compensation

 

It shall be a term and condition of the contract of each contractor and sub-contractor that they shall ensure that each employee they engage to work on the construction site are covered by the New South Wales Workers Compensation insurance.

 

Each contractor and sub-contractor will provide top-up insurance 24 hours 7 days a week accident cover with an approved industry scheme eg. CTAS or similar fund.

 

(10)      Payment of Wages

 

Wages shall be paid and be available weekly no later than Thursday.  No more than two (2) day’s pay may be held in hand.  Payment shall be by direct deposit/electronic funds transfer to a bank account nominated by the employee.

 

When an employee’s services are terminated, the employer shall pay any wages due on the day of termination or as soon as practicable thereafter.

 

(11)      No Reduction Clause

 

Where employees employed under this Award on the project are receiving terms and conditions greater than this Award as a result of an Enterprise Agreement or other arrangement, this shall not be used as a basis of a claim by the Unions or employees of other contractors, sub-contractors or suppliers of supplementary labour engaged on the project.

 

Provided that where under an Enterprise Agreement the parties off-set provisions there shall be no double counting of such offset benefits so that either the contractor, sub-contractor, suppliers of supplementary labour or the employee have a windfall gain.

 

11.  Hours of Work

 

(1)        Ordinary Hours and Rostered Days Off

 

The ordinary hours of work as defined below for employees will for the purposes of this Award be worked between 6.00 am and 6.00pm.

 

Starting and finishing times can be moved to one (1) hour either way without penalty by agreement between the employer and employees.

 

Employees shall be entitled to a ten (10) minute paid rest period exclusive of walking and wash-up on all days worked Monday to Friday.

 

Employees shall also be entitled to an unpaid lunch break on all days-worked Monday to Friday.

 

No employee will be required to work in excess of four (4) hours without a rest period or lunch break.

 

These breaks may be taken at different times by agreement to maximise the flexibility of work requirements eg tie-ins, concrete pours, crane lifts:

 

By each employer

 

By groups

 

By individuals

 

The ordinary working hours shall be worked in a 20 day cycle, Monday to Friday inclusive, with eight (8) hours worked for each of 19 days and with 0.4 of an hour on each of those days accruing towards the twentieth day of the cycle which shall be known as the Rostered Day Off (R.D.O.).  It shall be taken as a paid day off in accordance with the Building Industry calendar pending finalisation of arrangements by the Principal’s representative, the Labor Council and the Unions.

 

R.D.O accruals will occur as follows:

 

on ordinary days worked

 

on approved sick leave

 

on approved workers compensation

 

on approved carer’s and bereavement leave

 

on annual leave 

 

on public holidays

 

The principal’s representative, the Labor Council and the Unions shall agree upon arrangements for RDO’s for the project and/or for accumulation of up to five (5) accrued days to be taken at or before the end of a particular contract with a contractor, sub-contractor or supplier of supplementary labour.  The outcome/s from these discussions shall be documented.

 

Rostered Days Off may also be taken by agreement between the employee and the employer.  Individual employees may use a "banked" RDO if agreed with their employer provided that at least one (1) week’s notice is given.  Approval will only be refused due to urgent work commitments.  An employee may bank RDO’s to a maximum of five (5) days.

 

The contractor, sub-contractor or supplier of supplementary labour shall notify the Principal’s representative and the Unions of any changes that are proposed to the set Rostered Days Off.  The options will include:

 

An alternate day in the same or immediately following four (4) week cycle

 

Banking for agreed periods to be taken off in conjunction with annual

 

leave and/or public holidays.

Or any other agreed days.

 

An employee who has not worked, or is regarded as having not worked, a complete twenty day four week cycle, shall receive pro rata accrued entitlements for each day worked or regarded as having been worked in such cycle, payable for the rostered day off, or in the case of termination of employment, on termination.

 

This provision shall not however, prevent an employee from working on his/her rostered days off where this is required by an employer and such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen or emergency circumstances on the Project.  In such cases, in addition to accrued entitlements, the employee shall be paid for time worked at the rate of time and one half for the first two hours and thereafter at double the ordinary rate.

 

(2)        Overtime and Special Time

 

No apprentice under the age of 18 years shall be required to work overtime or shift work unless he/she so desires.  No apprentice shall, except in an emergency, work or be required to work overtime or shift work at times which would prevent his/her attendance at T.A.F.E.

 

When an employee, after having worked overtime and /or a shift for which he/she has not been regularly rostered finishes work at a time when his/her usual means of transport is not available his/her employer shall provide him/her with conveyance to his/her home or to the nearest public transport.

 

An employee who has not had at least ten (10) consecutive hours off duty before recommencing the next shift:

 

On the instructions of the employer, resumes or continues to work without having had such ten consecutive hours off duty he/she shall be paid at double rates until he/she has had ten (10) consecutive hours off duty without a loss of ordinary working time pay.

 

Has worked continuously (except for meal and crib times allowed by this Agreement) for sixteen (16) hours shall not be required to continue at or commence work for at least twelve (12) hours.  The employer shall also provide transport to the employee’s place of residence and if necessary back to work.

 

The provisions of this subclause shall apply in the case shift workers as if eight (8) hours were substituted for ten (10) hours when overtime is worked:

 

for the purpose of changing shift rosters; or

 

where a shift worker does not report for duty and day worker or

 

a shift worker is required to replace such shift worker; or where a shift is worked by arrangement between the employees themselves.

 

The pay rates for overtime, weekend and public holidays are outlined in the following table:

 

Period of work	Pay rate
Monday to Friday - after 8 ordinary hours per day	First 2 hours at 1.5 time
	Next hours at 2.0 time
Saturday - minimum 4 hours work	First 2 hours at 1.5 time
	Next hours at 2.0 time
	All work after 12.00 noon at 2.0 time
Sunday - minimum 4 hours work	All hours at 2.0 time
Public Holidays - minimum 4 hours work	All hours at 2.5 time
Recalled to work - minimum 3 hours work	At appropriate overtime rates
Saturday following Good Friday - minimum 4 hours	All hours at 2.5 time

(3)        Weekend Work

 

An employee working overtime on a Saturday or working on a Sunday shall be allowed a paid crib time of 20 minutes after four hours work, to be paid for at the ordinary rate of pay but this provision shall not prevent any arrangements being made for the taking of a 30 minute meal period, the time in addition to the paid 20 minutes being without pay.

 

In the event of an employee being required to work in excess of a further four hours, he/she shall be allowed to take a paid crib time of 30 minutes which shall be paid at the ordinary rate of pay.

 

(4)        Shift Work

 

For the purposes of this clause:

 

"Day shift" means a shift commencing between 6am and 8am.

 

"Afternoon shift" means a shift finishing after 9.00pm and at or before 11.00pm.

 

"Night shift" means a shift finishing between 11pm and at or before 7.00am.

 

Where an employee is employed continuously (inclusive of Public Holidays) for five (5) shifts

 

Monday to Friday, the following rates shall apply:

 

Afternoon and Night Shift - Ordinary Time plus 50%

 

In the case of broken shifts (i.e. Less than five (5) consecutive shifts Monday to Friday) the rates prescribed shall be: Ordinary time plus 50% for the first two (2) hours and double ordinary time rates thereafter.

 

Provided that where a job finishes after proceeding on shift work for more than five (5) consecutive days or the employee terminates his/her services during the week, he/she shall be paid for Afternoon and Night Shift at Ordinary Time plus 50% for the time actually worked.

 

The ordinary hours of both afternoon and night shifts shall be eight (8) hours daily inclusive of meal breaks.

 

Where shift work comprises three (3) continuous and consecutive shifts of eight (8) hours each per day, a crib time of 20 minutes duration shall be allowed in each shift, and shall be paid for as though worked.  Such crib time shall be in lieu of any other rest period or cessation of work, elsewhere prescribed by this Award.

 

An employee shall be given at least 48 hours’ notice of the requirements to work shift work.

 

For all work performed on a Saturday or Sunday, the normal rates of pay applicable to weekend overtime shall apply.  Provided that an ordinary night shift commencing before and extending beyond midnight Friday shall be regarded as a Friday shift.

 

All work paid in excess of shift hours, Monday to Friday, other than holidays shall be paid for at double time based on the ordinary rates of pay (excluding shift rates).

 

The provisions of this Award relating to hours (38-hour week) and leave shall apply to all full-time employees working shift.

 

12.  Public Holidays

 

An employee, other than a casual employee (as defined) shall be entitled to the following holidays without deduction of pay.  Provided that if any other day be by a State Act of Parliament or State Proclamation substituted for any of the said holidays, the day so substituted shall be observed, then such day shall be deemed to be a holiday for the purposes of this agreement, for holidays covered by this award: New Year’s Day, Australia Day, Good Friday, Easter Monday ANZAC Day, Queen’s Birthday, Eight Hour Day or Labour Day, Christmas Day, Boxing Day, Newcastle Show Day or local show day as agreed  Picnic Day - 1st Monday in December

 

Easter Saturday - only an employee who normally works ordinary time, not overtime, on Easter Saturday shall be entitled to an ordinary days pay if Easter Saturday is not worked and not otherwise.  All employees who work on Easter Saturday shall be entitled to public holiday penalty rates.

 

Where an additional or substitute public holiday is proclaimed the existing Award arrangements shall apply.

 

Provided that:

 

An employer who terminates the employment of an employee except for reasons of misconduct shall pay the employee a day’s ordinary wages for each holiday which falls within 10 consecutive days after the day of termination.

 

Where any two or more of the holidays prescribed in this Award occur within a 7 day span, such holidays shall for the purpose of this Award be a group of holidays.  If the first day of the group holidays falls within 10 consecutive days after termination, the whole group shall be deemed to fall within the 10 consecutive days.  Christmas Day, Boxing Day, and New Year’s Day shall be regarded as a group.

 

No Employee shall be entitled to receive payment from more than one employer in respect of the same public holidays or group of holidays.

 

An employee who has worked as required by his employer the working day immediately before and the working day immediately after such a holiday or is absent with the permission of his employer or is absent with reasonable cause, shall be entitled to payment for the payment the public holiday.  An absence arising by termination of employment shall not be reasonable cause.

 

All employees shall, as far as practicable, be given and shall take Picnic Day and shall be paid therefore eight hours work at the rate of pay prescribed in Clause 10 of this Award.

 

All work performed on any of the holidays prescribed in this Clause or substituted in lieu thereof, shall be paid for at the rate of double time and a half (ie. 2-1/2 times).

 

An employee required to work on a holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate.

 

13.  Sick Leave

 

(a)        An employee other than a casual employee as defined who is absent from his/her work on account of personal illness or on account of injury by accident, other than that covered by workers’ compensation, shall be to entitled sick leave subject to the following conditions and limitations:

 

He/she shall within 24 hours of the commencement of such absence inform their employer of his/her inability to attend for duty, and as far as practicable, state the nature of the injury or illness and the estimated duration of his/her absence.

 

He/she shall prove to the satisfaction their employer that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

 

An employee during his/her first year of employment with their employer shall be entitled to sick leave entitlement at the rate of eight (8) hours at the beginning of each of the first ten calendar months.  An employee who has completed one (1) year of continuous employment shall be credited with a further ten days sick leave entitlement at the beginning of the employee’s second and each subsequent year of service.

(b)        Employees will be allowed a maximum of two (2) days sick leave without a medical certificate.  All sick leave beyond 2 days will require a medical certificate for such leave to be paid their employer may agree to accept from the employee a statutory declaration, stating that the employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate.  Nothing in this subclause shall limit the employer’s rights under subclause (a) above.

Sick leave shall accumulate from year to year so that any balance not used shall carry over to the following year.  Sick leave may accumulate for a period not exceeding ten (10) years.

 

If an employee is terminated by an employer and is re-engaged by an employer within a period of six (6) months, then the employee’s unclaimed balance of sick leave shall continue from the date of re-engagement.

 

In such case the employee’s next year of service will commence after a total of twelve months has been served from the date of re engagement.

 

14.  Annual Leave

 

(1)        Period of Leave

 

Employees under this Award are entitled to a period of 28 consecutive days leave, including non-working days, (ie. 4 weeks) after 12 months service (less period of annual leave) with the employer. This entitlement to leave is exclusive of public holidays.

 

In addition to the leave provided for in this subclause, seven day shift workers, that is shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed seven (7) consecutive days leave including non-working days.

 

An employer may convert the entitlements to an hourly equivalent (ie. 152 hours or 190 hours respectively) for administrative ease.

 

(2)        Method of Taking Leave

 

Where an entitlement to annual leave exists such leave may be taken in such periods, and at such times as agreed between the employer and the employee.

 

Any request for annual leave (by the employee) shall not be unreasonably refused.  In the event of lack of agreement between the parties the matter shall be referred through the Disputes Procedure set out in Clause 20 of this Award.

 

(3)        Proportionate Leave on Termination

 

Where an employee has given five (5) working days or more continuous service (other than a casual employee), inclusive of any agreed day off, and he/she either leaves his/her employment or his/her employment is terminated by his/her employer he/she shall be paid any untaken annual leave.

 

(4)        Broken Service

 

Where an employee breaks his/her continuity of service by an absence from work without the permission of the employer, the amount of leave to which he/she would have been entitled shall be reduced by one-forty eighth for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which one-twelfth of a week’s pay for each week or part thereof during which any such absence occurs.  A reduction shall only be made in respect of any absence where the employer informs the employee in writing within fourteen (14) days of the absence.

 

(5)        Calculation of Continuous Service

 

The following shall be included as time worked for the purpose of calculation of continued service:

 

Illness or accident up to a maximum of four (4) weeks after expiration of paid sick leave.

 

Carer’s and Bereavement leave.

 

Jury Service.

 

Injury received during the course of employment and up to a maximum of 26 weeks for which he/she received worker’s compensation.

 

Where called up for military service for up to three (3) months in any qualifying period.

 

Long service leave.

 

(6)        Leave Payment

 

Payment for Period of Leave - Each employee, before going on leave, shall be paid in advance the wages which would ordinarily accrue to him/her during the currency of leave.

 

Annual Leave Loading - In addition to the payment prescribed in this subclause hereof an employee shall receive during a period of annual leave a loading of 17.5% per cent calculated on the employees all purposes rate.

 

An employee who is granted Annual leave and receives payment subsequent to being transferred from the Construction Site to another work location, is entitled to receive the benefits of this Agreement in respect to the Employee’s service on the Project.

 

(7)        Prohibition of Alternative Arrangements

 

An employer shall not make payment to an employee in lieu of his annual leave or any part thereof.

 

15.  Jury Service

 

An employee required to attend for jury service shall be entitled to have his/her pay made up by his / her employer to equal his/her ordinary pay as for eight (8) hours per day plus fares whilst meeting this requirement.

 

The employee shall give the employer proof of such attendance and the amount received in respect of such jury service.

 

16.  Carer’s Leave

 

(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 subparagraph (ii) of paragraph (c), 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, provided for in clause 13, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

(a)        a spouse of the employee; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this Award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(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 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 accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination. 

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(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 the shift work rate which would have been applicable to the hours taken off.

 

(6)        Rostered Days Off

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

17.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iii) below.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in 16(1)(c)(ii), provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) in the said clause 16. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

18.  Parental Leave

 

Employees shall be entitled to Parental Leave in accordance with the Industrial Relations Act 1996.

 

 

 

19.  Inclement Weather

 

Where a weekly employee/s believes they are experiencing inclement weather conditions the following procedure shall apply:

 

The employee shall notify their employer that he/she believes he/she is experiencing inclement weather conditions.

 

The employer will consult with the affected employee/s and inspect the work area/s.

 

In the first instance the employer shall determine whether inclement weather conditions are being experienced and will consult with the affected employee/s seeking their view and, work options available.

 

Where inclement weather conditions are being experienced the procedure set out in Appendix A shall apply.

 

Employees shall not be unreasonably held on site.

 

For the purposes of this clause there shall not be differentiation between weekly and casual employees.

 

20.  Disputes Procedure

 

Disputes between contractors, sub-contractors or suppliers of supplementary labour and their employees at the site in respect of Awards and/or this Award shall be settled in accordance with the procedure set out below:

 

(1)        Where an employee or a shop steward has submitted a request concerning any matter directly connected with employment to a foreman, or a more senior representative of management and that request has been refused, the employee may if he/she so desires, ask the shop steward to submit the matter to management and the matter shall then be submitted by the shop steward to the management.

 

(2)        The principal’s representative shall be notified by the employer of the matter under discussion upon it being raised with the management by the shop steward.

 

(3)        The employer shall respond in writing within 24 hours of the issue being submitted by the shop steward.

 

(4)        If not settled at this stage, the matter shall be discussed between such representatives of the Union as the Union may desire and the employer, who may be accompanied by or represented by such officers or representatives of an Association of employers as the employer may desire within 48 hours of the matter being referred for discussion.

 

(5)        If the dispute is not resolved the Labor Council and the principal’s representative shall be advised to enable them to assist in a resolution of the dispute.

 

(6)        Where the parties fail to resolve the dispute with the assistance of the Labor Council, it is agreed that a notification shall be made to the Industrial Relations Commission of New South Wales pursuant to the Industrial Relations Act 1996 for the express purpose of ensuring all avenues of conciliation and mediation are fully explored.

 

(7)        If the above process does not resolve the dispute either or both of the parties may refer the grievance to the Industrial Relations Commission of New South Wales for determination, whose determination shall be binding on the parties.

 

(8)        Work shall continue as normal while the dispute is being resolved.  Neither party shall be prejudiced as to the final settlement by the continuance of work in accordance with this Clause.

 

In the event that any dispute appears likely to remain unresolved or industrial action or blatant breaches of the Award by either party are likely to negate the intent of the Disputes Procedure, which of itself places in jeopardy the continuance of the parties desire to participate in the Award, nothing in this Clause shall restrict a Union or the employer referring the matter to the Industrial Relations Commission of New South Wales or from that body exercising its statutory powers.

 

21.  Demarcation Disputes Procedure

 

It is recognised by the parties to this Award that because of the nature of this project ie. The mix of work, size of the total work area and location involved, there is a genuine need to have in place a mechanism capable of swiftly dealing with a demarcation issues as they arise.

It is therefore agreed that:

 

(1)        As work is confirmed, and where potential demarcation problems are evident, full discussion shall take place between the employer (contractor, sub-contractor and/or supplier of supplementary labour) and the appropriate Union representatives.  If it is not resolved at this level the Principal’s representative shall be immediately informed in writing and he/she shall advise the Labor Council within 24 hours.  The Principal’s representative shall, where practical take this action at least five (5) working days prior to the actual commencement of the work.  The Council, when so advised shall arrange for discussions to take place within the Union movement with a response being provided to the Principal’s representative within 48 hours.

 

(2)        Nothing in this procedure shall operate so as to prevent work from commencing or continuing as contracted, after the expiry of the five (5) working days mentioned in 1. above

 

(3)        If the matter is not resolved it shall be dealt with in accordance with Clause 20 (5) and (6) Disputes Procedure.

 

(4)        The parties agree that the outcome of any matter dealt with by the terms of this clause shall not be used as a precedent, reference, example or exhibit in any way whatsoever in matters arising from this work location.

 

(5)        While this procedure is being followed, work shall continue normally on the basis of the initial or existing allocation of Union coverage.  This shall not prejudice the position of any party.

 

(6)        Should a demarcation dispute arise subsequent to work commencing then the procedure set out in subclauses (1) to (4) above shall be followed excluding the reference to five (5) working days.

 

Nothing in this clause shall be read to mean that an employer or a Union has abrogated their rights in relation to settlement of any demarcation dispute.

 

22.  Living Away - Distant Work

 

(1)        Entitlement

 

The employer shall provided a distant worker with reasonable board and lodging at no cost to the employee or pay the living away form home allowance contained in the contractor’s parent Award when employed on the construction site at such distance from the employee’s usual place of residence that the employee cannot reasonably return each night.

 

It shall be considered impractical where the distance travelled exceeds 100km (by the shortest practical route) from the project to the usual place of residence.  An employee who works until or beyond 6pm (E.S.T) or (7pm Daylight Saving Time) and who resides between 50km and 100km shall be provided with reasonable board and lodging (or 1/7th of the L.A.F.H.A) for those days.

 

The employer shall provide an itinerant worker acceptable board and lodging at reasonable cost - (caravan allowance of $140.00 per week or $20.00 per day or the cost of the caravan site whichever is the greater).

 

 

(2)        Procedure

 

The employer shall advise applicants for employment of their entitlement under this clause at the time of the interview.

 

The employer shall determine whether the employee is correctly defined as a "distant worker", "itinerant worker" or "local worker".  The appropriate definition shall be shown on the employer’s records when the employee completes the "Usual Place of Residence Declaration"  (Appendix C) made at the pre employment interview.

 

An employer shall not, under any circumstances, attempt to persuade or induce applicants for employment to provide a local address as the usual place of residence in an effort to avoid the employer’s obligations under this clause.

 

(3)        Disputes

 

Disputes, arising from application of this clause will be subject to resolution in accordance with Clause 20 Disputes Procedure of this Award.  In the event of a dispute all relevant documentation will be made available to the Tribunal dealing with this matter.

 

(4)        Definitions

 

"Distant Worker" means an employee who has provided satisfactory evidence that due to engagement on the construction site he/she is unable to reasonably return home each night.

 

"Itinerant Worker" means an employee with no fixed address.

 

"Local Worker" means an employee whose usual place of residence is within the local area, and where subclause (1) does not apply.

 

"Usual place of Residence"

 

The employer shall obtain, and the applicant for employment shall provide a statement in writing of residence, at the time of engagement, provided that documentary evidence of the applicant’s usual place of residence, such as a motor driver’s licence may be provided and accepted in lieu of the statement in writing.

 

The employee’s usual place of residence and not the place of employment shall determine the applicability of this clause.

 

An employee shall notify the employer in writing of any subsequent change to his usual place of residence.  No subsequent change to an employee’s usual place of residence shall entitle an employee to the provisions of this Clause, unless the employer agrees.

 

"Reasonable Board and Lodging" means lodging in a well kept establishment with three adequate meals per day, adequate furnishings, good lighting and heating, hot and cold running water, in a single or twin room if a single room is unavailable.

 

"Living Away From Home Allowance," means an allowance payable weekly.  Such allowance shall not be wages, provided that in the case of broken parts of a week occurring at the beginning or end of employment, the allowance shall be divisible by seven (7).  Provided further, that if the employee satisfies the employer that he/she reasonably incurred a greater outlay than any prescribed the allowance shall be increased to match the outlay.

 

23.  Drug and Alcohol Policy

 

Contractors, sub-contractors and suppliers of supplementary labour and their employees shall comply with the Mount Arthur North site’s Drug and Alcohol Policy which is contained in Appendix D.

Where an employee of a contractor, sub-contractor or supplier of supplementary labour feels that they have been unfairly treated under the site Drug and Alcohol Policy, the grievance shall be processed in accordance with the Disputes Procedure (Clause 20) under this Award.

 

24.  Protective Clothing and Equipment

 

(1)        Mandatory Equipment

 

All employees engaged to work on site shall be supplied with appropriate safety footwear and safety helmets before commencing work on a project.

 

Failure by an employee to use/wear safety equipment and clothing may result in termination.

 

These items must be worn at all times as instructed during the site induction process.

 

Helmets must not be painted, drilled or modified in any way.

 

Damaged and/ or worn footwear and helmets will be replaced on a fair wear and tear basis.

 

(2)        Job - Related Equipment

 

The employer will supply the following protective equipment/materials for use on specific work tasks:

 

Factor 30 protective sun screen;

 

Hearing protection;

 

Eye protection;

 

Gloves; Safety harnesses; Gumboots; Hat Brims; Dust Masks;

 

Iced water and container.

 

In addition, one (1) pair of UV-rated safety glasses which conform to AS 1337 will be provided to employees who are required to work on reflective surfaces outdoors.  Glasses will be replaced on a fair wear and tear basis.

 

(3)        Clothing Issue

 

Australian made protective clothing will be available to all employees upon commencement with the project.

 

The protective clothing will be:

 

2 shirts and 2 pairs of trousers; or

 

2 shirts and 2 pairs of shorts; or

 

2 shirts and 2 pairs of bib and brace overalls

 

Plus 1 warm water-resistant jacket which will be issued between 1 May and 1 September.  Electricians will be issued with a wool jacket in lieu there of.

 

Provided that the parties agree that in some occupations eg. welding employees it is not appropriate by reason of safety considerations for employees to wear shorts and/or short sleeved shirts. Such employees will be required to wear long trousers and long sleeved shirts.

 

It is a condition of issue and of employment that the issued equipment shall be worn whilst on site.  Replacement of issued equipment that is lost by the employee is the responsibility of the employee.

 

An employee who resigns within three months of receiving the issue may have the pro-rata cost withheld from his/her final pay.

 

Replacement of any articles shall be on a fair wear and tear basis provided the worn out item is produced for replacement.

 

Employees who receive their issue of protective safety footwear as part of their employer’s policy will not be entitled to additional issues under this Clause.

In the event that protective clothing is not provided by the employer (contractor, sub-contractor or supplier of supplementary labour) within 24 hours of commencement it will upon request, be provided by the Principal’s representative who will charge the employer 125% of cost.

 

25.  Testing Electrical Equipment

 

All flexible extension cords, portable tools and electrical plant used on voltages above 32 volts must be inspected, tested and tagged monthly by a licensed electrician in accordance with details set out in the Code of Practice.

 

All extension cords, portable tools, electrical plant brought on to the site by the contractor, sub-contractor or supplier of supplementary labour must bear the correct monthly tag.

 

Contractors, sub-contractors and suppliers of supplementary labour are required to keep a log book of all inspections of the equipment.  The Principal’s representative shall be able to inspect these log books on a random basis to ensure that safety requirements Are being adhered to.

 

Any equipment found without a valid inspection tag will be disconnected and the contractor, sub-contractor or supplier of supplementary labour advised to remove the equipment from the site until the equipment has been re-inspected and a new inspection tag attached.  No extensions of time will be granted due to electrical equipment not having a valid inspection tag.

 

All temporary electrical work and installations must conform with the Construction Safety Act (NSW), as amended and as laid down by the Local Supply Authority.

 

26.  Union Membership

 

To the extent that the appropriate legislation permits, contractors and sub-contractors shall give favourable consideration to the employment of financial members of the appropriate Union respondent to this Award.

 

Union membership shall not of itself in any way limit the operation of Clause 10 of the Award with respect to the duties of any employee.

 

27.  Meetings of Employees to Discuss Award and Related Issues

 

One hour per month shall be allowed to employees during ordinary working time to discuss matters related to the operation of this Award and/or other related issues.

 

This meeting shall commence as near as practicable one hour prior to the normal lunch break observed by the majority of project employees engaged on the project site on an agreed day.  Once established, no alteration is to be made to the scheduled date unless otherwise agreed.

 

Such meetings shall only proceed where a party to this Award with members on site confirms their desire to conduct a meeting at least two (2) days prior to the scheduled date.  Any time lost during ordinary working hours by attendance at unauthorised meetings shall not be paid and shall be deducted against the one-hour allowance.

 

28.  On Site Register

 

(1)        All contracts with Contractors include the following terms and conditions:

 

That all sub-contracts shall be in writing, and

 

That this Award shall form part of the conditions of such contracts, and bind all such contractors and sub-contractors, and

 

That sub-contractors will be required to meet all statutory, award and legal obligations for their employees.

 

That there shall be no ‘pyramid subcontracting, all-in-payments, or cash in hand’.  Should any suspected deviation from the foregoing be found to exist, the Union concerned will notify the contractor immediately for investigation.  If found to be correct, such deviation will be stopped immediately rectified and all statutory entitlements shall be paid.

 

(2)        Each contractor to keep, on site a register containing information for the contractor, each sub-contractor, supplier of supplementary labour and employee engaged on the site.  The Register shall contain the following.

 

From employees - Prior to commencing work on site employees must provide and certify as correct to their employer, the following information:

 

Name and address of Employee

 

Classification and Certificate details

 

Title and reference number of industrial instrument (refer Clause 10).

 

Induction date

 

Start Date on Construction Site

 

Definition stemming from Clause 22 of this Award

 

Long Service Leave Number

 

D.I.R.E. Ticket/permit number/s

 

Union and ticket number (where applicable and if voluntarily provided)

 

Superannuation scheme name and employee number

 

CTAS or equivalent scheme Number

 

ACIRT, MERT or other redundancy trust fund number

 

Failure to comply with this clause may result in employees being removed from the Project.

 

From employers - Prior to commencing work on site employers must provide and certify as correct and current the following information:

 

Registered business name and address of employer and ACN number

 

Workers Compensation Policy Number,

 

Underwriter and Currency Certificate 

Public Liability Policy Number,

 

Underwriter and Currency Certificate

 

Superannuation Fund Name and employer number

 

Long Service Leave employer number

 

Redundancy, Trust name and employer number

 

Travel and / or living away from home declaration

 

CTAS or equivalent scheme Number

 

ACIRT, MERT or other redundancy trust fund number.

 

Failure to comply with this clause may result in persons being removed from the Project.

 

An updated copy of the register shall be provided at least monthly by each contractor to the Principal’s representative who in turn will provide a copy to the Labor Council.  In addition the principal’s representative shall be entitled to inspect and/or take copies of the register more often without notice.

 

29.  Anti-Discrimination

 

The company shall not discriminate on the basis of sex, marital status, pregnancy, age, race, religion, colour, national origin, impairment or political conviction.

 

Entry into the company, selection for specific jobs and career progression will be determined by personal merit and criteria related to the effective performance of the job.

 

(1)        It is the intention of the parties bound by this award to seek to achieve the object in s3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(4)        Nothing in this clause is to be taken to affect:

 

any conduct or act which is specifically exempted from anti-discrimination legislation;

 

offering or providing junior rates of pays to persons under 21 years of age;

 

any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

a party to this agreement from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

Notes:

 

(1)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(2)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

Appendix A

 

Inclement Weather Guidelines

 

The site conditions in the Mount Arthur North Project Consent Award and the Inclement Weather provisions in the National Building & Construction Industry Award set out employees’ entitlements in inclement weather.

 

The following are the steps to be taken in the process of implementing the inclement weather procedure:

 

Step 1

 

1.1.       In consultation with employees a workplace inspection will take place to determine "inclement weather"

 

1.2.       If "inclement weather" creates an unsafe situation/circumstance the OH&S Act will apply.

 

Step 2

 

The contractor and/or supplier of supplementary labour shall advise the Principal’s representative that "inclement weather" exists.

 

Step 3

 

The contractor and/or supplier of supplementary labour shall stop work if conditions dictate.  When this occurs the following options apply:

 

3.1        Employees return to crib rooms - for training etc, or

 

3.2        Employees are relocated to work in other areas.

 

3.3        In the absence of the delivery of 3.1 and/or 3.2 the provisions of the National Building & Construction Award shall apply.

 

Step 4

 

The Principal’s representative shall ensure that Contractors, Sub-Contractors and Suppliers of Supplementary Labour have fully complied with the inclement weather procedures prior to any employees leaving site.

 

Appendix B

 

Authority To Obtain From Dima Details Of Immigration Status

 

I:
Family Name:	Given Names:
Date of Birth:	Nationality:
Visa Number:	Passport Number:
Authorise the Department of Immigration and Multicultural Affairs (DIMA) to release by fax to  (Name of in
employer representative) …………details of my immigration status and entitlement to work legally Australia.
This information will only be made available to a representative of the Principal at the Mount Arthur North
Construction Project and authorised trade union officer on request.
I also understand that 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 No:	Fax No:
Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: (02) 92584730	Fax: (02) 92584763

 

Appendix C

 

Declaration of Usual Place of Residence

 

I,
Declare that my usual place of residence is (full address):
Telephone Number:
I understand that this Declaration determines, for the duration of my employment on the Mount Arthur North Project, my usual place of residence.
Signed:	Dated:
Witness:	Dated:

 

Appendix D

 

Drug and Alcohol Policy

 

1.0        Policy

 

The Mount Arthur North Management Team believes, and it is required by statute, that it should make every reasonable effort to ensure the health and safety of all persons present at the Mount Arthur North Project.  Part of that effort is to ensure that persons present at Mount Arthur North are unaffected by the presence of alcohol and other drugs within their system.  Mount Arthur North Management Team adopts the view that a process of testing persons, shall provide a reasonable means of ensuring that all persons present at the Mount Arthur North Project are unaffected by the presence of alcohol and other drugs.

 

2.0        Procedure

 

This procedure provides for the testing of employees, Contractors and visitors present at the premises of the Mount Arthur North Project.

 

This Procedure will consider the following issues:

 

1.          Policy Statement which governs the formulation of this Procedure.

 

Overall Objective

 

Governing Standards

 

Roles and Responsibilities

 

Training for Employees

 

Employee Assistance Program

 

2.          Process for Random Testing.

 

3.          Process for "For Cause" Testing.

 

4.          Process for "Fitness for Work" Testing.

 

5.          Process for Dealing with Positive Test Results.

 

6.          Process for Dealing with Negative Test Results.

 

7.          Audit and Review of the Procedure.

 

3.0        Overall Objective

 

It is the belief of the Mount Arthur North Management Team, that the testing of employees, for the presence of alcohol and other drugs is an appropriate response by the Principal’s Representative to deter inappropriate alcohol and other drug use by employees at the workplace, and to assist in providing a safe work environment as required by the Occupational Health and Safety Act 1983 NSW.

 

Section 15 of the OH&S Act states that "Every employer shall ensure the health, safety and welfare at work of all his employees".

 

Testing for alcohol and other drugs will be carried out in the following situations:

 

On a random basis, regular testing of all employees, Contractors, and visitors (random testing).

If a person has been involved in an accident, incident or "near miss".  If drug or alcohol is suspected of being involved, the persons injuries will be taken into account, e.g. "shock".

 

If a person on a visual inspection is suspected of being under the influence or impaired by alcohol or other drugs (fitness for work).

 

The Alcohol Testing Procedure is Detailed in Appendix A

 

the Drug Testing Procedure is Detailed in Appendix B.

 

4.0        Prescribed Medication or Drugs

 

Definition:

 

Means any substance prescribed by a Medical Practitioner that has restriction on activities or specific instructions associated with its use.

 

Any employee who is taking prescribed medication or drugs has an obligation to disclose the details of the medication or drugs related to its use, including the restrictions, to his immediate Supervisor or Senior Official before commencing work on the shift.  Alternate work will be made available where possible with regard to medical advice for the period on medication.

 

Such information will be treated confidentially and only be used to determine if suitable duties can be arranged for that employee, or that it may affect a drug and alcohol test.

 

For permanent use of prescription drugs if possible alternate medication that minimises any effort on your work capacity shall be sort.

 

If other medication is not al alternative and you are unable to perform all tasks required, the Employee Rehabilitation Policy shall apply.

 

5.0        Governing Standards

 

Where appropriate, the process adopted by Mount Arthur North shall be in accordance with Australian Standard 4308-1995: "Recommended Practice for the Collection, Detection, and Quantisation of Drugs of Abuse in Urine".

 

The threshold limits for the presence of alcohol and other drugs tested shall be:

 

Alcohol 0.02 grams per 100ml of blood

Amphetamines 300 Ng/ml

Barbiturates 200 Ng/ml

Benzodiazepines 200 Ng/ml

Cocaine 300 Ng/ml

Marijuana (THC) 50 Ng/ml

Methamphetamines 300 Ng/ml

Opiates 300 Ng/ml

 

6.0        Roles and Responsibilities

 

EPCM Project Manager and Senior Management Team

Responsible for providing leadership to employees concerning the need for employees to be fit for work, and the safety hazards that are created by them being unfit for work.

 

EPCM Safety Manager

 

The Safety Manager is principally responsible for the effective operation of this procedure.  At a minimum, the Safety Manager will be trained as the Management’s Representative able to undertake alcohol and drug tests.  The Safety Manager shall ensure that training in the testing of employees under the Alcohol and Other Drugs Procedure shall be included in the induction of all new employees, visitors and Contractors.  They shall also ensure that appropriate training and refresher training is given to employees in both the substance of this procedure and the effects of alcohol and other drugs on the body.

 

The Safety Manager is responsible for maintaining employee records and leading employee counselling processes.

Occupational Health and Safety Committee and/or Union Delegate

 

Employee Representatives - have a key role to play to ensure that this Policy is effective.  In particular, they are responsible to:

 

Encourage employees to seek help voluntarily.

 

Advise employees of their rights and responsibilities regarding this policy.

 

Support employees undergoing rehabilitation.

 

Encourage employees to take part in education and training programs.

Employees, Visitors and Contractors

 

Responsible for the health and safety of themselves and others, in particular by ensuring that they at all times attend, resume and continue to work unaffected or unimpaired by alcohol and other drugs.  They notify a responsible person under this procedure of their concerns that they or another person may be affected by alcohol and other drugs.

 

7.0        Training for Employees

 

All employees, Contractors and visitors shall receive appropriate training in the operation of this procedure and the effects of alcohol and other drugs on the body, including the risks associated with being affected by alcohol at work.  Where appropriate, training concerning the effects of alcohol and other drugs on the body shall be conducted by appropriately trained external providers.

 

Employee Assistance Programs

 

Employee assistance programs are to be encouraged for persons to undertake professional counselling, and to recommend treatment and rehabilitation.

 

Contracting Organisations are expected to maintain an employee assistance program to support counselling and rehabilitation services to affected employees.

 

Confidentiality

 

Mount Arthur North Management Team will endeavour to ensure that the highest levels of confidentiality are maintained in the application of this Policy.  The following minimum conditions shall apply:

 

(a)        Drug and alcohol testing will be conducted in a private location that maintains the privacy and dignity of the individual;

 

(b)        Individuals who record a positive result will be treated at all times in a respectful and non-judgemental manner by the Testing Officers;

 

(c)        The Testing Officers will be required to sign a confidentiality document (refer to Appendix G) prior to engaging in drug and alcohol testing;

 

(d)        Company records pertaining to all aspects of this Policy shall be regarded as confidential Company information and it use/access/dissemination shall be restricted to persons authorised under Appendix G;

 

(e)        Welfare and Rehabilitation Programs under this Policy shall be administered in a confidential manner; and

 

The Principal’s Representative has an expectation that all employees, Contractors and visitors will observe these confidentiality conditions.  Employees found to have breached this obligation will be subject to disciplinary action.

 

8.0        Process for Random Testing

 

All employees of Mount Arthur North Project shall be allocated to a sector for the purposes of random testing.  A minimum of 10% of a randomly selected sector shall be tested, the random selection will be via a computer program in Access.  Staff, Contractors and visitors who are at Mount Arthur North on the day of testing shall also be included.

 

Ordinarily, there shall be one random test per month.  The day of testing may also change.

 

Management Representatives shall then notify the relevant trained employees or external testing provider of the requirement for testing.

 

At the start of the shift upon which the random testing shall take place, appropriate Representatives of Management and Occupational Health and Safety Committee and Union Representation, shall advise that the randomly selected employees to remain at the Security/First Aid facility for the purpose of undertaking a random test.

 

Privacy is to be maintained at all times in a manner consistent with the nature of the test being undertaken.  When a test is undertaken, only the person being tested, the OH&S and Principal’s Representative and an external testing provider where the tests are being conducted by an external provider, shall be present.

 

For alcohol testing, such a test shall be undertaken by breath analysis unit, in a private area.

 

For drug testing, a cubicle shall be provided where all taps are taped up and the toilet cistern and bowl coloured with "Blue Loo" or similar product.

 

For the outcomes of test results please go to Clause 2.5.

 

Random Testing and Prescription and Over the Counter Drugs

 

1.          It is the responsibility of all employees to notify their Supervisor as soon as practicable when they are taking medication.  At the time of notification they are to provide a Doctors Certificate or other information stating they are able to perform normal duties while taking the medication.  Alternatively, the Medical Certification should detail alternate/modified duties and the length of time of such duties.  An employee selected for a random test will disclose to the tester any over the counter or prescription medications he or she is taking.

 

2.          If a positive test result is obtained for medication included in the notification above:

 

(a)        He/She will be allowed to continue at work according to his Doctors Certification, pending confirmation by the laboratory that the medication disclosed to the tester is in fact consistent with the drug disclosed.

 

(b)       The employee has not Doctors Certificate supporting the medication disclosed they will be transported home.  The laboratory test must be consistent with what he has disclosed to the tester.  They must return to work and be tested negative or have Medical Certification before resumption of work.

 

9.0        Process for "For Cause" Testing

 

A "For Cause" test shall be conducted where any accident, incident or near miss has occurred at Mount Arthur North, and it is suspected that one or more of the people involved in the incident is affected by alcohol or other drugs.  Such a declaration shall be made as soon as possible after the incident has occurred.  The following procedure shall then apply.

 

Where the test is being conducted by the Management of Mount Arthur North, the OH&S and Union Representatives that are going to be present at the test shall first test each other.  Only if they return a negative test shall they then continue to undertake the tests.

 

Privacy is to be maintained at all times in a manner consistent with the nature of the test being undertaken.  When a test is undertaken, only the person being tested, the OH&S and Principal’s Representative, and an external testing provider where the tests are being conducted by an external provider, shall be present.

 

For alcohol testing, such a test shall be undertaken by breath analysis unit, in a private area.

 

For drug testing, a cubicle shall be provided where all taps are taped up and the toilet cistern and bowl coloured with "Blue Loo" or similar product.

 

For consequences of test results please go to Clause 2.5.

 

10.0      Process for "Fitness for Work" Testing

 

A "Fitness for Work" test shall be conducted where a person under this procedure observes an employee of Mount Arthur North or a Contractor who appears to be affected by alcohol or other drugs.  A person under this procedure may declare this suspicion at any time during the course of the day.

 

The employee concerned shall be notified of the suspicion of influence or impairment as soon as possible.

 

If the person concerned agrees to undertake the test voluntarily, such a test shall be undertaken as soon as possible.  The person may request any appropriate representation by present during the process.  This may include an Employee (Union) Representative or OH&S Committee Member.

 

11.0      Disputes Regarding Positive Tests

 

Where the person concerned disputes the view that they are affected by alcohol or other drugs, the employee shall cease work and a meeting shall be convened of equal numbers or Representatives of Management and Representatives of the employee concerned.

 

This group shall interview the employee concerned to determine if the suspicion of impairment is validly held.  Where a majority of the group believe that impairment may be possible, a recommendation shall be made to the employee that they undergo a test.  If the employee refuses after receiving the recommendation, they shall be considered to have refused to take the test, and the process contained within Clause 2.5 shall apply.

 

Any employee called upon to undertake such a test shall have no payment deducted for the time spent undertaking the test.  The following procedure shall then apply.

 

Where the test is being conducted by Management of Mount Arthur North, the employee and Union Representatives that are going to undertake the test shall first test each other.  Only if they return a negative test shall they then continue to undertake the random tests.

 

Privacy is to be maintained at all times in a manner consistent with the nature of the test being undertaken.  When a test is undertaken, only the person being tested, the employee and Principal’s Representative, and an external provider where the tests are being conducted by an external provider, shall be present.

 

Employees shall be asked to declare any medication, prescribed or over the counter.  Failure to declare that medication which subsequently results in a positive test shall be considered by Mount Arthur North when determining its approach to an employee’s "Return to Work Agreement" as set out in Clause 2.5 below.

 

For alcohol testing, such a test shall be undertaken by breath analysis unit, in a private area.

 

For drug testing, a cubicle shall be provided where all taps are taped up and the toilet cistern and bowl coloured with "Blue Loo" or similar product.

 

For consequences of test results please go to Clause 2.5.

 

12.0      Process for Dealing with Positive Test Results

 

A positive result is deemed to be one where the result achieved by the test is greater than the levels set out in subclause 5.

Confirmation Testing

 

Positive results from the process of drug testing shall be sent to a laboratory for confirmation analysis and the results to be returned approximately two working days.

 

Should a person test positive for alcohol, they may request a second test at the conclusion of the group testing.

 

If the person is not satisfied with this second test, after being transported home, the person can have their levels tested by a local doctor or local hospital at their own expense.  The test must be conducted within two hours of the initial positive test result.  The doctor carrying out the test signs a statement within two hours of the testing that the levels of the person concerned are below the Australian Standards, then the person will be allowed to return to work in accordance with the provisions of this Clause.

 

During the operation of this procedure, samples shall be sent to a laboratory for confirmation analysis.  This shall test the confirmation procedures and assure negative results.

 

Results of confirmation testing will be forwarded to the person as soon as they are available.  A Chain of Custody Form shall accompany any sample sent to the laboratory.

 

Tampering with Test Sample

 

Tampering with a sample will lead to disciplinary action.

 

Refusal to Undertake a Test

 

Refusal by an employee/other to submit to, or cooperate fully with the administration of a drug and alcohol test, will result in that person’s Supervisor/Representative being called upon to counsel and encourage them to take the test.

 

If an employee/other does refuse to undertake a test, it will be treated as a positive result and dealt with in accordance with this subclause.

 

13.0      Mount Arthur North Employees, Contractors and Subcontractors

 

The following process shall apply to all employees where a positive test is returned through a random testing process, a For Cause test, or a Fitness for Work test.

 

First Positive Test

 

Result of test entered on employees personnel file.

 

Employee counselled by appropriate Manager.

Employee to be advised to seek counselling.

 

Employee to be taken home.

 

Employee to have access to accrued leave in accordance with the organisations leave practice.

 

The employee must have a clear test prior to their return to work.

 

The employee may be required to agree to and sign a "Return to Work Agreement" which will include ongoing monitoring provisions.

 

Second Positive Test (within six months of the first positive test)

 

Result of test entered on employees personnel file.

 

Employee counselled by appropriate Manager.

 

Employee to be advised to seek appropriate counselling, treatment or rehabilitation.

 

Employee to be taken home.

 

Employee to have access to accrued leave in accordance with the organisations leave practice.

The employee must have a clear test prior to their return to work.

 

The employee will be required to agreed to and sign a "Return to Work Agreement" which will include ongoing monitoring provisions.  The agreement shall have a term of six months.

 

Third Positive Test (during the period of the Return to Work Agreement)

Where an employee returns a third positive test, they shall be subject to disciplinary action which could include the termination of employment.

 

14.0      Process for Dealing with Negative Test Results

 

Mount Arthur North shall keep a record of the groups of employees that it tests.  A summation of the test results, without individual names recorded shall be maintained.

 

Where an employee returns a negative test result, and they wish to have that result recorded on their personnel file, this shall be done by Mount Arthur North.

 

15.0      Audit and Review of the Procedure

 

Every twelve months, a group comprising Representatives of the Occupational Health and Safety Committee, employee Representatives, and Management shall review the effectiveness of this procedure.

 

16.0      Drug and Alcohol Rehabilitation - Principles and Guidelines

 

The Principal’s Representative does recognise drug and alcohol dependency as a treatable condition.  Persons who suspect they have an alcohol or drug dependency condition are encouraged to seek advise and to take appropriate treatment before their job performance is impaired.

 

Participation in any rehabilitation program is strictly confidential.  Information divulged will only be distributed to those Officers of the Principal’s Representative who have a genuine need for the information.

 

Treatment programs should be comprehensive and include assessments, awareness creation, education, counselling, treatment, rehabilitation, return to work and after care.

 

The procedure is to be particularly sensitive to family issues and needs.  It is reiterated that alcohol and drug related problems should be considered as health problems and therefore, will be dealt with without discrimination like any other health problem.

 

Appendix E

 

Alcohol Testing Procedure

 

1.  Person should be asked to blow into the screening
unit
If negative	Person advised test is negative and able to
	return to work
If positive	Perform confirmation breath test after last
	person tested.
2.  If confirmation test performed:
If negative	Person advised test is negative and able to
	return. to work
If positive	Person advised test is positive and result is
	Conveyed suitable transport.

 

This testing method and procedure may be varied to apply a different testing method and procedure due to the existence of updated testing methodologies/products.

 

Voluntary Testing for Alcohol and Drugs

 

A voluntary alcohol and drug testing station will be made available at the First Aid Centre at the Security entrance to the Mount Arthur North Project Construction Site. This facility will be available between the hours of 6.00 hrs and 8.00 hrs Monday - Friday or when construction activities will be conducted on Weekends.

 

1.          A person may submit themselves for a voluntary alcohol and drug test if they believe they may be above the site threshold limits.

 

2.          If the person is above the site threshold limit they are to notify their Supervisor and they will be transported home and will not be paid for the day.

 

3.          No record of a positive result will be recorded.

 

NOTE: That a self test result will be not be valid if a person is selected to participate in a "random test" / "fitness for duty test" or a "for cause test" the results from these tests will supersede any self test results . The self test results are not recorded and are for the confidential information of the person who conducted the self test. 

 

Appendix F

 

Drug Testing Procedure

 

Urine Testing Process

 

1.          Establish the identity of the person prior to commencement of procedure.

 

2.          Consent signed, person should also declare any drugs they may have taken in the past month.

 

3.          Under supervision the person should remove coats, etc, wash and dry hands.

 

4.          The person chooses a sample jar and is escorted to the toilet.  Privacy is ensured.

 

5.          The person is asked to void into specimen jar, preferably ¾ full.

 

6.          Tester checks temperature, read within four (4) minutes.

 

7.          Screening test performed by tester.

 

8.          If the screening test is positive, the sample should then be split between two containers, both of which should be sealed, in the presence of the person being tested, with tamper proof tape.  Sample initialled and dated by both tester and person being tested.

 

9.          Chain of Custody Form filled out.

 

10.        Specimens and accompanying laboratory section of the Chain of Custody Form shall be placed together in a biohazard bag and kept in a secure place until transported to the laboratory.

 

If a positive result occurs with these tests, they must be confirmed by laboratory testing before a positive results is recorded against an employee.

 

This testing method and procedure may be varied to apply a different testing method and procedure due to the existence of updated testing methodologies/products.

 

Appendix G

 

Code of Confidentiality (Testing Officer)

 

As a nominated tester for this Drug and Alcohol Policy you should be conscious of the sensitive issued involved.  From the time of receiving the list of selected names for testing until the process has been completed for the shift, an attitude of neutrality and respect for the individual should be paramount.  This may not be easy as the situation may develop, through no faults or yours, into an aggressive environment.  It is most important that you do not take on the role of a disciplinarian, you may empathise with the individual but do not sympathise, you must remain neutral.  It is not your responsibility to handle the discipline or counselling process, this should be left up to Management.

 

The integrity of both yourself and the process is dependent primarily upon the manner in which you handle the confidentiality of the whole process.  If this is not handled with a great degree of discretion and sensitivity, the pride and well being of the individual may be at risk.  It is normal for people working in the medical/first aid areas to commit to a code of confidentiality and this testing process should be included in that code.  I would ask you to consider the ethics involved and understand the ramifications of the breach of that code before endorsing your commitment to it.

 

I

declare that I will, to the best of my ability and giving due consideration to all of the above, conduct the

testing program with all due respect for all individuals involved.  I also declare that I will not disclose any

Information related to Drug and Alcohol Testing to any persons other than those properly authorised

Officers of the Principal’s Representative

Signed:

Date:

Witness:

Date:

 

Appendix H

 

Groups to be Tested

 

Mount Arthur North Project Site

 

Location

Administration

 

10% of the shift randomly selected including staff/Contractors/Subcontractors/visitors

Civil Works and HV Works

10% of the shift randomly selected including staff/Contractors/Subcontractors/visitors

Coal Handling and Coal Preparation Plant

 

10% of the shift randomly selected including staff/Contractors/Subcontractors/visitors

Industrial Areas

 

10% of the shift randomly selected including staff/Contractors/Subcontractors/visitors

J. N. REDMAN, Commissioner.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.