JOHN HOLLAND PTY LIMITED STOCKLANDS WETHERILL PARK PROJECT AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Master
Builders' Association of New South Wales, industrial organisation of employers.
(No. IRC 5443 of 2002)
|
Before The Honourable
Justice Kavanagh
|
11 October 2002
|
AWARD
1.
Arrangement
Clause No. Subject Matter
1. Arrangement
2. Introduction
3. Objectives
4. Definitions
5. Application
6. Duration
7. Industry
Standards
7.1 Superannuation and Redundancy
7.2 Top Up/24 Hour Income Protection Insurance
7.3 Project Productivity allowance
8. Environment,
Health, Safety and Rehabilitation (EHS&R)
8.1 Induction
8.2 Environment, Health and Safety Plans
8.3 The Safety Committee
8.4 Safety Procedures
8.5 OH&S Industry Induction
8.6 Formwork Safety
8.7 Temporary Power/Testing and Tagging
9. Dispute
resolution
9.1 Employer specific disputes
9.2 Project Wide Disputes
9.3 Demarcation Disputes
10. Monitoring
Committee
11. Productivity
Initiatives
11.1 Inclement Weather
11.2 Rostered Days Off
11.3 Maximising Working Time
11.4 Hours of Work
12. Immigration
Compliance
13. Long
Service Compliance
14. No Extra
Claims
15. No
Precedent
16. Union
Rights
16.1 Visiting Union Officials
16.2 Workplace Delegates
16.3 Union Membership
16.4 Site Delegate
17. Australian
Content
18. Protective
Clothing
19. Workers
Compensation and Insurance Cover
20. Apprentices
21. Training
and Workplace Reform
22. Project
Death Cover
23. Anti-Discrimination
24. Personal/Carers
Leave
24.1 Use of Sick Leave
24.2 Unpaid Leave for Family Purpose
24.3 Annual Leave
24.4 Time-off in Lieu of Payment for Overtime
24.5 Make-up Time
24.6 Rostered days off
25. Enterprise
Bargaining Agreements
26. Observance
of Award and Statutory Requirements
27. Execution
Annexure A - Parties
Annexure B - Authority of obtain from DIMA details of
immigration status
Annexure C - Stockland and Wetherill Park Project
2.
Introduction
The Parties to this Award acknowledge that enterprise bargaining
is an appropriate way for employers and employees (and their unions) to settle
fair terms and conditions of employment.
The Parties acknowledge and agree that the integrity of enterprise
agreements and awards must be maintained.
The Parties also acknowledge that the building industry has
special features, which may require the Parties to enter into agreements
applicable to a particular project.
This Award is intended to supplement existing enterprise agreements and
be a framework document to assist the Employers in management of Project
specific issues. It is recognised that
this Award is not intended to extend the traditional coverage of the Union
Parties nor is it intended to cover works not within the scope of works given
to John Holland Pty. Ltd. by their client.
3.
Objectives
3.1 The Parties
agree to continue to develop and implement the following objectives in respect
of the following key areas on the Project:
(a) Implementation
of forms of work organisation which encourage the use and acquisition of skills
and continual learning;
(b) Continued
development of more effective management practices;
(c) Continued
development of communication processes which facilitate participation by all
Employers, Employees and Unions;
(d) Introduction
of new technology and associated change to enhance productivity;
(e) Improved
quality of work;
(f) Increased
scope of sub-contract work packages to promote genuine skills enhancement and
acquisition by Employees.
(g) Provision of a
career structure for all Employees based on skills, competencies and increased
job satisfaction;
(h) Provision of
high standards of occupational health & safety on the Project;
(i) Improved
impact of the Project on the environment;
(j) Implementation
of this Award, and compliance with all relevant statutory provisions;
(k) Elimination of
unproductive time;
(l) Improved
compliance by subcontractors with the provisions of applicable awards and/or
enterprise agreements and legislative requirements;
(m) Improved wages
and conditions for all employees working on the project;
(n) Increased
leisure time for employees by eliminating excessive hours of work.
(o) Enhancing job opportunities
for persons who have a legal right to work including persons who wish to take
on apprenticeships or traineeships.
4. Definitions
"Award" means this Stockland Wetherill Park
Project Award 2002 made between the Parties.
"John Holland Pty. Ltd." means John Holland Pty.
Ltd of 235 Pyrmont street, Pyrmont, NSW, 2009.
"Code of Practice" means the New South Wales
Government Code of Practice for the Construction Industry.
"Employee" means a person engaged by an Employer
and who performs work on the Project.
"Employer" means John Holland Pty. Ltd. and/or any
subcontractor engaged by John Holland Pty Ltd to work on the Project, including
subcontractors` respective subcontractors plus other subcontractors engaged by
John Holland Pty. Ltd. and/or subcontractors for this project post Award
signing.
"Enterprise Agreement" means an agreement
registered or certified under the Workplace
Relations Act (Cth) 1996 or approved under the Industrial Relations Act (NSW) 1996.
"EHS&R" means Environment Health Safety and
Rehabilitation.
"Environment Health Safety and Rehabilitation
Policy" means either of the plan or policy devised and implemented by the
Project Manager for the Project (as amended from time to time).
"Monitoring Committee" means the committee
established under clause 10 of this Award.
"Parties" means the Employers, and the Unions
referred to in Annexure A.
"Practical Completion" means the completion of the
Project where the building is fit for occupancy and/or purpose.
"Programme Milestones" means the milestones listed
in Annexure C as amended by the Monitoring Committee from time to time.
"Project" means the construction works contracted
to John Holland Pty. Ltd. at Stockland Shopping Mall, Wetherill Park.
"Project Manager" means the Project Manager
(Delivery) for the Project appointed by John Holland Pty Ltd from time to time.
"Safety Committee" means the site safety committee
formed under the Occupational Health and
Safety Act (NSW) 2000.
"Unions" means each of the Unions listed in Part 2 of Annexure A.
5. Application
5.1 This Award
will apply to work done on the Project by the Employees for the period the
Employer engages the Employees to work on the Project.
5.2 Where John
Holland Pty. Ltd. engages sub-contractor/s, it shall make it a condition of any
contract that it enters into with its sub-contractor/s that they will not
employ or otherwise engage persons on wages and conditions, which are less
favourable than those set out in this project award.
5.3 By entering this
Award, the Parties intend to enter legal relations and acknowledge and agree
that the terms of this Award will create a binding contract.
5.4 The Parties
also acknowledge and agree that the terms of this Award form part of the tender
conditions for work on this Project.
5.5 This
Award is generally intended to supplement and co-exist with the terms of
existing Enterprise Agreements and Awards and it’s primary purpose is to
provide a framework for the Employers, the Labor Council and the Unions, to manage
those issues on the Project which affect more than one Employer.
6.
Duration
6.1 This Award
shall operate on and from 1 May 2002 until Practical Completion
7.
Industry Standards
7.1 Superannuation and Redundancy
(a) The employer must
comply with its Building Award, Enterprise Agreement and legislative
obligations in respect of superannuation and redundancy.
(b) The Parties
acknowledge that a minimum contribution of $80.00 per week rising to $90 per
week after 1st July 2002 will be paid into the superannuation fund nominated in
the Building Awards being CBUS; NESS; STA, TWU Superannuation Fund or other
schemes approved by the Parties
(c) The Employers
will make a contribution of $56 per week rising to $61 per week after 1st July
2002 into ACIRT or MERT or other schemes approved by
the Parties.
7.2 Top Up/24 Hour Income Protection
Insurance
(a) Each Employer
will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with
the CTAS scheme or other similar schemes, which are approved by the Parties.
7.3 Project Productivity Allowance
(a) The Employer
will pay a productivity allowance for persons engaged on the project of $1.25
for each hour worked on the Project, in exchange for the productivity work
practices detailed within this Award and the achievement of Programme
Milestones listed in Annexure C.
(b) The
productivity allowance shall be paid at a flat rate and shall not attract any
premium or penalties.
(c) Transport Drivers
(i) Employees - Rate of Pay -
It is further
agreed that any Transport Worker carrying our work relating to the Project will
be paid, in addition to his/her Award or Enterprise Agreement rate of
remuneration, any applicable Project productivity allowance, provided that the
driver had had a regular involvement of two (2) hours or more on any day with
the project.
(ii) Contract Carrier -
The Parties
agree that all Contract carriers involved in the Transport Industry shall be
paid the rates of pay applicable under the Transport Industry Excavated
Materials Contract Determination for the cartage of materials to, on and from
the site.
(iii) GST -
Rates paid to
contractor’s carriers, including any applicable project productivity allowance,
shall be exclusive of GST. A separate amount
equal to 10% of the value of the remuneration payable shall be paid to the
carrier for contracts of carriage (the GST amount). The total fee payable to the contract carrier shall be the sum of
the remuneration payable and the GST Amount.
8. Environment, Health, Safety and
Rehabilitation (EHS&R)
8.1 Induction
(a) All Employees
must attend an agreed EHS&R site induction course on commencement of
engagement on site.
8.2 Environment, Health and Safety Plans
(a) All Employers
must submit an environment, health safety and rehabilitation management plan in
accordance with relevant legislation.
These plans should include evidence of:
(i) risk
assessment of their works;
(ii) hazard
identification, prevention and control;
(iii) planning and
re-planning for a safe working environment;
(iv) industry and
trade specific induction of Employees;
(v) monitoring
performance and improvement of work methods;
(vi) reporting of
all incidents/accidents;
(vii) compliance
verification; and
(viii) regular
EHS&R meetings, inspections and audits of the
Project.
8.3 The Safety Committee
(a) The Safety
Committee will be properly constituted with an agreed constitution. All members of the safety committee will
undertake agreed Occupational Health and Safety training with Comet Training or
other approved providers.
8.4 Safety Procedures
(a) The Parties
acknowledge and agree that all Parties are committed to safe working
procedures.
(b) If the Project
Manager or the Safety Committee is of the opinion that an Employee or Employer
has committed a serious breach of either the Environment Health and Safety
Policy or the relevant safety management plan (or any other agreed safe working
procedures), the Project Manager (or the Project Manager on recommendation from
the Safety Committee) will implement disciplinary action against the Employer
or Employee which may include taking all steps required to remove the Employer
or Employee from the Project.
(c) The Parties
agree that pursuant to the Code of Practice, in the event that an unsafe
condition exists, work is to continue in all areas not affected by that
condition and those employers may direct employees to move to a safe place of
work. No employee will be required to work in any unsafe area or situation.
8.5 OH&S Industry
Induction
No person will be engaged on site unless he/she has
completed the WorkCover NSW Accredited OH&S Industry Induction Course.
8.6 Formwork
Safety
All persons engaged on the erection or
dismantling of formwork will have the relevant WorkCover Formwork Certificate
of Competency. Where an employee does
not have a Certificate of Competency, Comet Training or other approved
providers will be contacted to assess the qualifications of the relevant
employee.
8.7 Temporary
Power/Testing and Tagging
In order to maintain the highest standards
of safety in regard to the use of electricity during construction, it is agreed
that the temporary installation is installed strictly in accordance with AS
3012 (1995). All work is to be carried
out by qualified electrical tradesperson.
Testing and tagging is to be carried out only by qualified electrical
tradesperson.
9. Dispute Resolution
One of the aims of this Award is to eliminate lost time in the
event of a dispute and to achieve prompt resolution of any dispute.
9.1 Employer
Specific Disputes
In the event of a dispute or conflict occurring
specifically between an Employer and its Employees or their representative
Union, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of the Employer and the Union delegate;
(c) Discussion
between site management representatives of the Employer and the Union organiser;
(d) Discussion
between senior management of the Employer, John Holland Pty. Ltd. and the
appropriate Union official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and John Holland Pty.
Ltd. NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to it’s powers set out in the Industrial
Relations Act 1996 (NSW).
(g) Work shall
continue without interruption or dislocation during discussion and negotiations concerning the dispute.
9.2 Project
Wide Disputes
In the event of a dispute or conflict affecting more
than one Employer occurring, the following procedure will be adopted:
(a) Discussion
between those directly affected;
(b) Discussion
between site management representatives of John Holland Pty. Ltd. and the Union
delegate;
(c) Discussion
between site management representatives of John Holland Pty. Ltd. and the Union
organiser;
(d) Discussion
between senior management of John Holland Pty. Ltd. and the appropriate Union
official;
(e) Discussion
between the Secretary of the relevant Union (or nominee) and John Holland Pty.
Ltd. NSW Operations Manager (or nominee);
(f) If the
dispute is not resolved after step (e), parties to the Award may notify the
dispute to the Industrial Relations Commission of New South Wales, and request
that the Industrial Relations Commission of New South Wales resolve the dispute
pursuant to it’s powers set out in the Industrial
Relations Act 1996 (NSW).
(g) Work shall
continue without interruption or dislocation during discussion and negotiations concerning the dispute.
9.3 Demarcation
Disputes
In the event that a dispute arises which cannot be
resolved between the relevant Unions, the Unions agree to the following dispute
settling procedure:
(a) Work shall
continue without interruption or dislocation during discussion and resolution
of disputes.
(b) Discussion
between the Labor Council of New South Wales and the Unions to try to resolve
the dispute.
(c) If the dispute
is not resolved after step (b), either Union may notify the dispute to the
Industrial Relations Commission of New South Wales and request that the
Industrial Relations Commission of New South Wales resolve the dispute pursuant
to its powers set out in the Industrial Relations Act
1996 (NSW).
10. Monitoring Committee
10.1 The Parties may
establish a committee to monitor the implementation of this Award.
10.2 This Monitoring
Committee if established will meet at the commencement of construction and then
at monthly intervals or as required during construction on the Project.
10.3 The Monitoring
Committee will determine if milestones have been met as required by subclause
7.3.
10.4 Where any
industrial action has occurred outside the strict adherence of the dispute settling
procedures and, where such action is primarily responsible for the milestone
dates not being met, the Monitoring Committee may withhold or suspend payment
of The Project Productivity Allowance.
If no agreement can be reached by the Monitoring Committee, the matter
will be referred back to the Commission for determination.
11. Productivity Initiatives
11.1 Inclement
Weather
(a) The Parties to
this Award will collectively commit to the minimisation of lost time due to
inclement weather.
(b) Further, the
Parties are bound to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(i) Adoption of a
reasonable approach regarding what constitutes inclement weather;
(ii) Employees
shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Parties, useful work is available in that area or site
and that work is within the scope of the Employee’s skill, competence and
training consistent with the relevant classification structures (provided that
the Employer shall provide transport to such unaffected area where necessary);
(iii) Where the
initiatives described in (b) above are not possible, the use of non-productive
time may be used for activities such as relevant and meaningful skill
development; production/upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the Project;
(iv) All Parties are
committed to an early resumption of work following any cessation of work due to
inclement weather;
(v) The Parties
agree the practice of "one out, all out" will
not occur.
11.2 Rostered Days Off
(a) A procedure
for the implementation of Rostered Days Off (RDOs) will be agreed on the
Project, the purpose of which is to:
(i) increase the
quality of working life for Employees; and
(ii) increase the
productivity of the Project.
(b) A roster of
RDOs will be prepared, following consultation with the workforce and Parties to
this Award.
(c) Records of each
Employee’s RDO accruals will be recorded on the employees pay slip and copies
made available to the Employee, the Employee’s delegate or union official upon
request. It is acknowledged that
different arrangements in relation to the banking of RDO`s may apply to members
of the CEPU.
(d) Where
practicable, Saturday work prior to the published industry
RDO`s will not be worked.
11.3 Maximising Working Time
(a) The Parties
agree that crib and lunch breaks may be staggered for Employees so that work does
not cease during crib and lunch. There
will be no unreasonable interruption of the comfort of employees having lunch
with the amenities to be maintained in a clean and hygienic state at all times.
11.4 Hours of Work
(a) Ordinary hours
of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to
Friday. However, ordinary hours may
commence from 5.00am by agreement between the Employer, Employee and relevant
Union.
12. Immigration Compliance
12.1 The Parties are
committed to compliance with Australian immigration laws so as to ensure
maximum work opportunities for unemployed permanent residents and Australian
citizens. Employers will be advised by John Holland Pty. Ltd. of the importance
of immigration compliance. Where there is concern that illegal immigrants are
being engaged by an employer on the Project, John Holland Pty Ltd will act
decisively to ensure compliance.
12.2 Employers are
required prior to employees commencing work on-site to check the legal right of
employees to work. The authorization
form attached to this Award as per Appendix B will assist in providing evidence of the employee’s legal status.
13. Long Service Compliance
13.1 If applicable,
and in accordance with the NSW Building
and Construction Industry Long Service Leave Act, no Employee will be
engaged on site unless he or she is a worker registered with the NSW Long
Service Payments Corporation. All
Employers (if applicable) engaged on site will be registered as employers in
accordance with the NSW Building and Construction Industry Long Service
Payments Act and will strictly comply with their obligations.
14. No Extra Claims
14.1 The Parties
agree that they will not pursue extra claims in respect of matters covered by this
Award (including but not limited to any claim for a disability allowance)
during the term of this Award.
15. No Precedent
15.1 The Parties
agree not to use this Award as a precedent and that this Award will in no way
create a claim for flow-on of on-site wage rates and conditions.
16. Union Rights
The Parties to this Award acknowledge the right of employees
to be active union members and respect the right of unions to organise and
recruit employees. The Parties to this Award also acknowledge that good
communication between union officials, the delegate and its members is an
important mechanism in assisting the parties to resolve grievances and disputes in a timely fashion.
16.1 Visiting Union Officials
(a) Union
officials (party to this Award) when arriving onsite, shall call at the site
office and introduce themselves to a Management representative of the Employer,
prior to pursuing their union duties.
(b) Union
officials shall produce their right of entry permits, if required, and observe
the relevant Building Awards, the Occupational Health and Safety Act and
Regulations, and other statutory/legislative obligations for entry to the site.
(c) Union
officials with the appropriate credentials shall be entitled to inspect all
such wage records, other payment records and related documentation necessary to
ensure that the Employers are observing the terms and conditions of this Award.
(d) All such wages
books and other payment records shall be made available within 48 hours on site
or at another convenient, appropriate place, provided notice is given to the
Employers and the Project Manager by the Union.
(e) Such
inspections shall not take place unless there is a suspected breach of this
Award, other appropriate Building Awards, Enterprise Agreements, the Industrial Relations Act 1996 (NSW), or
other Employer Statutory requirements
16.2 Workplace
Delegates
DEFINITION
In this clause the expression "delegate"
means an employee who is the accredited representative of the Union at an employer’s
work place, and if there is more than one delegate in respect of the workforce
of that employer then the expression "delegate" means each and every
such delegate so accredited by the Union in relation to that employer’s
workforce.
(a) Rights of the
Delegate
(i) The Parties
acknowledge it is the sole right of the Union and its members to elect the
delegate for each work site, who shall be recognised as the authorised
representative of the Union at the site.
(ii) The delegate
shall have the right to approach or be approached by any employee of the
employer to discuss industrial matters with that employee during normal working
hours.
(iii) The delegate
shall have the right to communicate with members of the Union in relation to
industrial matters without impediment by the employer. Without limiting the usual meaning of the
expression "impediment", this provision applies to the following
conduct by an employer:
moving a delegate to a workplace or work situation
which prevents or significantly impedes communication with members;
changing a delegate’s shifts or rosters so that
communication with workers is prevented or significantly impeded;
disrupting duly organised meetings.
(iv) The delegate
shall be entitled to represent members in relation to industrial matters at the
workplace, and without limiting the generality of that entitlement is entitled
to be involved in representing members:
at all stages in the negotiation and implementation of
enterprise agreements or awards or other industrial instruments;
the introduction of new technology and other forms of
workplace change;
Career path, reclassification, training issues; and to
initiate discussions and negotiations on any other matters affecting the
employment of members.
Ensuring that workers on site are paid their correct
wages, allowances and other lawful entitlements.
To check with relevant industry schemes so as to ensure
that superannuation, long service leave and redundancy has been paid on time.
(v) In order to
assist the delegate to effectively discharge his or her duties and
responsibilities, the delegate shall be afforded the following rights:
the right to reasonable communication with other
delegates, union officials and management in relation to industrial matters, where
such communication cannot be dealt with or concluded during normal breaks in
work;
at least 10 days paid time off work to attend relevant
Union training courses/forums;
paid time off to attend meetings of delegates in the
industry, as authorized by the relevant union.
(vi) The employer of
a delegate shall provide to the delegate the following:
a lockable cabinet for the keeping of work related
records;
a lockable notice board for the placement of Union
notices at the discretion of the delegate;
where practicable, and only if agreed by the Parties, a
union office;
where a union office is not practicable or agreed by
the Parties, access to a meeting room;
use of the telephone for legitimate union business
associated with the Project;
from existing resources, and when required for
legitimate project related union business, access to:-
a word-processor, typewriter;
e-mail;
a photocopier or facsimile machine.
(vii) There shall be
no deduction to wages where the Union requires a delegate to attend any Court
or Industrial Tribunal proceedings relating to Industrial matters at the
workplace.
16.3 Union
Membership
Properly accredited officials and workplace
representatives of the union shall have the right to be provided with appropriate
access to employees to promote the benefits of union membership.
To assist in this process the Employer shall:
(a) If requested
by the union, and on the written authority of the employee, provide payroll
deduction services for union fees. Such
fees shall be remitted to the union on a monthly basis with enough information
supplied to enable the union to carry out a reconciliation;
(b) Supply all
employees with a union application form at the same time as employees are
provided with their taxation declaration form;
(c) Provide the
union with access to talk to new employees at induction training;
(d) Nothing in
this clause shall be contrary to the relevant legislation.
6.4 Site
Delegate
The Parties to
this Award recognise that the Project workforce will elect a Site Delegate who
shall be the Principal spokesperson for the Site workforce/delegates.
17. Australian Content
17.1 The Project
Manager shall endeavour to maximise Australian content in materials and
construction equipment on the Project where practical and feasible.
18. Protective Clothing
18.1 Employers will
provide their Employees engaged on site with legally produced Australian made
protective clothing and footwear on the following basis:
(a) Safety
Footwear
Appropriate safety footwear shall be supplied on
commencement if not already provided, to all persons engaged on site and will
be replaced on a fair wear and tear provided they are produced to the Employer
as evidence.
(b) Clothing
Two sets of protective clothing (combination of bib and
brace or shorts, trousers and shirts) will be supplied to all persons after
accumulated engagement on site of 152 hours or more and will be replaced once
per calendar year as a result of fair wear and tear and are produced to the
Employer as evidence.
(c) Jackets
Each person, after accumulated employment on site of
152 hours shall be eligible to be issued with warm bluey jacket or equivalent,
which will be replaced once per calendar year on a fair wear and tear basis.
18.2 In
circumstances where any Employee(s) of Employers are transferred to the Project
from another project where an issue of equivalent clothing was made, then such
Employee shall not be entitled to an issue to this Project until the expiry of
the calendar year or on a fair wear and tear basis.
18.3 Employees who
receive from their Employer an issue and replacement of equivalent clothing
and/or safety footwear as part of the Employer’s policy or EBA shall not be
entitled to the provisions of this clause
18.4 Employers will
consult with the Labor Council of NSW to be provided with a list of recommended
Australian Manufacturers who do not use illegal or exploited labour in the
manufacturing of their work clothes.
19.
Workers Compensation and Insurance Cover
19.1 Employers must
ensure that all persons that they engage to work on the project are covered by
workers compensation insurance.
19.2 John Holland
Pty. Ltd. will audit Workers Compensation Certificates of Currency from each
Employer engaged on site to ensure that the wages estimate and tariff declared
for the type of work undertaken is correct. This information will be available
to authorised Union officials on request.
19.3 Employers and
their Employees must comply with the following steps to ensure expedited
payment of workers compensation:
(a) All Employees
will report injuries to the project first aider and their supervisor at the
earliest possible time after the injury
(b) All Employees
will comply with the requirements for making a workers compensation claim,
including the provision of a Workcover medical certificate, at the earliest
possible time after the injury. This information will also be supplied to the
project first aid officer, and their supervisor.
(c) In cases where
the Employee is unable to comply with the above, the relevant employer will
assist in fulfilling requirements for making a claim.
19.4 Employers must
ensure that they are aware of and will abide by Sections 63 to 69 of the Workers Injury Management and Workers Compensation Act 1998, which provide that:
(a) The Employer
shall keep a register of injuries /site accident book in a readily accessible
place on site;
(b) All Employees
must enter in the register any injury received by the Employee. The Employer
must be notified of all injuries on site immediately. The employer must notify
the insurer within 48 hours of a significant injury;
(c) An Employer
who receives a claim for compensation, must within seven (7) days of receipt,
forward the claim or documentation, to their insurer;
(d) An Employer
who receives a request from their insurer for further specified information
must within seven (7) days after receipt of the request, furnish the insurer
with the information as is in the possession of the Employer or reasonably
obtained by the Employer;
(e) An Employer
who has received compensation money from an insurer shall forward such money to
the person entitled to the compensation within three (3) working days;
19.5 Where there has
been a serious incident and/or accident which has resulted in a serious injury
or loss of life the employer shall notify the relevant
union as soon as possible.
19.6 The
Employer will also complete the relevant accident notification form and send it
to WorkCover.
20.
Apprentices
20.1 As part of the
Project’s commitment to industry training, a ratio of one apprentice/ trainee
to every five tradespersons within each Employer’s workforce is to be
maintained.
21. Training and Workplace Reform
21.1 The Parties are
committed to achieving improvements in productivity and innovation through
cooperation and reform. Employers are expected to demonstrate their commitment
to develop a more highly skilled workforce by providing their Employees with
career opportunities through appropriate access to training and removing any
barriers to the use of skills acquired.
22. Project Death Cover
22.1 John Holland
Pty. Ltd. will guarantee that the legal beneficiary of any employee who dies as
a consequence of working on the project will be paid a death benefit of
$25,000. Such benefit shall be paid
within fourteen (14) days of the production of appropriate documentation. This
payment shall be in addition to any other entitlement that might be paid to the
beneficiary as a consequence of the death of the employee.
23.
Anti-Discrimination
23.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the ground of race, sex, martial status, disability,
homosexuality, transgender identity, age and responsibilities as a carer.
23.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with fulfilment of these obligations for the parties to make application to
vary any provision of the Award, which, by its terms or operation, has a direct
or indirect discriminatory effect.
23.3 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.
23.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
23.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the Parties by legislation referred to in this clause.
NOTES
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act
1977 provides:
“Nothing in this Act affects … any other act
or practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.”
24.
Personal/Carers Leave
24.1 Use
of Sick Leave
(a) An Employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in clause 24.1 (c)(ii) who needs the Employee’s care and
support, shall be entitled to use, in accordance with this subclause, any current
or accrued sick leave entitlement, for absences to provide care and support,
for such persons when they are ill. Such leave may be taken for part of a
single day.
(b) The Employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an Employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
a spouse of the Employee; or
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
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
a same sex partner who lives with the Employee as the
de factor partner of that Employee on a bona fide domestic basis; or
a relative of the Employee who is a member of the same
household, where for the purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other: and
"household" means a family group living in the
same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the Employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the Employee to
give prior notice of absence, the Employee shall notify the Employer by
telephone of such absence at the first opportunity on the day of absence.
24.2 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 24.1 (c)(ii) above who is
ill.
24.3 Annual
Leave
(a) An Employee
may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), to take annual leave not exceeding
five days in single day periods or part thereof, in any calendar year at a time
or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph 24.3(a) above, shall be exclusive of
any shutdown period provided for elsewhere under this Award.
(c) An Employee
and Employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave
days are taken.
24.4 Time-off
in Lieu of Payment for Overtime
(a) An Employee
may elect, with the consent of the Employer, to take time-off in lieu of
payment for overtime at a time or times agreed with the Employer within twelve
(12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in according with paragraph 24.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with paragraph 24.4(a), the Employee shall be
paid overtime rates in accordance with the award.
24.5 Make-up
Time
(a) An Employee
may elect, with the consent of the Employer, to work "make up time", under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award at the
ordinary rate of pay.
(b) An Employee on
shift work may elect, with the consent of the Employer, to work "make up
time" (under which the Employee takes time off ordinary hours and works
those hours at a later time at a later time), at the shift work rate, which
would have been applicable to the hours taken off.
24.6 Rostered
days off
(a) An Employee
may elect, with the consent of the Employer, to take a rostered day off at any
time.
(b) An Employee
may elect, with the consent of the Employer, to take rostered days off in part
day amounts.
(c) An Employee
may elect, with the consent of the Employer, to accrue some or all-rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the Employer and Employee, or subject to reasonable notice by
the Employee or the Employer.
(d) This subclause
is subject to the Employer informing each Union which is both party to the
Award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the Unions to participate in negotiations.
25. Enterprise
Bargaining Agreements
The Unions, party to this award, acknowledge their objective
that all contractors/sub-contractors including transport companies should have
in place appropriate enterprise agreements with the relevant unions.
25.1 This Award is
intended to operate in conjunction with, and as a supplement to, a
subcontractor’s enterprise bargaining agreement.
25.2 The Parties
agree to minimize the impact of any industrial action on the project that may
arise out of the negotiation or renegotiation of subcontractors’ enterprise
bargaining agreements (EBA’s).
25.3 All
subcontractors will be encouraged by the unions to have enterprise bargaining
agreements.
25.4 Where
conditions relating to amounts and method of payment of Project
productivity/site Allowances are specifically mentioned in a sub contractor’s
enterprise agreement and are at variance with the conditions of this Award,
then discussions will take place between the Parties to seek a resolution.
26. Observance of
Award and Statutory Requirements
26.1 All contractors
and subcontractors including transport companies shall abide by the conditions
of relevant awards, and or enterprise bargaining agreements and all statutory
obligations.
26.2 The parties
agree that ‘all-in’ payment and or ‘cash-in-hand’ payments, (i.e. a payments
designed to avoid tax, and statutory/EBA entitlements) and sham subcontract
arrangements will not be accepted on site.
Where such practices are identified they will be immediately stopped.
26.3 John Holland
Pty. Ltd. in association with the accredited site union delegate will check
monthly payments related to superannuation, redundancy and extra insurance to
ensure payments for employees have been made by subcontractors engaged on the
site, as required.
26.4 Each
subcontractor engaged on site will be specifically advised and monitored as
required regarding compliance with their lawful obligations with respect to
payroll tax.
26.5 When an
employer receives a statement pursuant to Section 127(3) of the Industrial Relations Act 1996 (NSW) they
shall provide the union delegate on site with a copy of such statement within 7
days, if requested.
26.6 The union
delegate or union official shall advise John Holland Pty Ltd if they believe
the information which has been provided by the subcontractor is not correct.
27. Execution
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Signed for and on behalf of the Labor Council of New South
Wales by:
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Print Name:
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Date:
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Signed for and on behalf of the Construction, Forestry,
Mining and Energy Union (New South Wales Branch)
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by:
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Print Name:
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Date:
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Signed for and on behalf of the Communication Electrical Electronic
Energy Information Postal Plumbing and
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Allied Services Union of Australia (NSW) Branch - Plumbing
by:
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Print Name:
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Date:
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Signed for and on behalf of Electrical Trades Union of
Australia, New South Wales Branch by:
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Print Name:
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Date:
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Signed for and on behalf of the Automotive, Food, Metals,
Engineering, Printing and Kindred Industries Union,
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New South Wales Branch (also known as AMWU) by:
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Print Name:
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Date:
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Signed for and on behalf of the Transport Workers' Union
of Australia, New South Wales Branch by:
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Print Name:
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Date:
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Signed for and on behalf of John Holland Pty. Ltd. by:
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Print Name:
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Date:
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ANNEXURE A
(Parties)
Part 1
EMPLOYERS:
John Holland Pty. Ltd.
Sub-contractors of John Holland employed to undertake works
on the Project.
Part 2
UNIONS:
Labor Council of New South Wales
Construction, Forestry, Mining and Energy Union (New South
Wales Branch)
Electrical Trades Union of Australia, New South Wales
Branch
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch (also known as AMWU)
Transport Workers' Union of Australia, New South Wales
Branch
ANNEXURE B
Authority to obtain from DIMA details of immigration status
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I, (Family name)
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(Given name(s))
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Date of birth:
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Nationality:
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Visa number:
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Passport number:
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authorise the Department of Immigration and Multicultural
Affairs (DIMA) to release by fax to ……..(Name of
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employer representative)
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details of my immigration status and entitlement to work
legally in Australia.
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This information will only be made available to a
representative of a principal contractor and authorised trade
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union officer on request.
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I also understand the above-named will only use this
information for the purpose of establishing and verifying
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only my legal entitlement to work in Australia and for no
other purpose.
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Signed:
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Dated:
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Name of employer:
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Phone:
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Fax:
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Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: (02) 9258 4730
Fax: (02) 9258 4763
ANNEXURE C
STOCKLAND WETHERILL PARK PROJECT
TARGET PROGRAMME MILESTONES
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Milestone
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Works Description
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Target Date
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1
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Complete Precast Erection
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14 September 2002
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2
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Erect Structural Steel North Grid 48
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9 October 2002
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3
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Hand Over Target
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3 February 2003
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4
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Overall Project Completion
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29 April 2003
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5
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6
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NOTE:
1. The above
"Target Programme Milestones" are provided to generally achieve or
better the original Contract Programme.
It is acknowledged that these milestone may be adjusted from time to
time by the Monitoring committee in order to reflect unavoidable project
delays.
2. The first
milestone assessment date shall be 14 September, 2002 and regularly
thereafter. Payments shall be made
progressively on a weekly basis if it is agreed by the Monitoring Committee
that the milestones for the project are being or have been met, in accordance
with this Award.
3. If, at any
time, the Monitoring committee cannot agree that the milestones are being or
have been met, then Productivity Incentive Payments may be suspended until the
matter is resolved in accordance with this Award.
T. M. KAVANAGH J.
____________________
Printed by
the authority of the Industrial Registrar.