HYDRO ALUMINIUM KURRI KURRI
SMELTER UPGRADE AND RETRO-FIT PROJECT CONSENT AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Australian
Industry Group New South Wales Branch, industrial organisation of employers and
a State Peak Council for Employers.
(No. IRC 1385 of 2004)
Before Commissioner
Redman
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24 March 2004
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AWARD
INDEX
Clause No. Subject Matter
1. Title
2. Preamble
3. Parties
To Consent Award
4. Definitions
And Interpretation
5. Wages
6. Application
And Scope Of Consent Award
7. No Extra
Claims
8. No
Reduction Clause
9. Duration
Of Consent Award
10. Contract
Of Employment
11. On Site
Register
12. Induction
13. Site
Practices
14. Hours
15. Shift Work
16. Rest
Period, Meal Allowances And Crib Time
17. Overtime
And Special Work
18. Weekend
Work
19. Public
Holidays
20. Sick Leave
21. Parental
Leave
22. Carer’s
Leave
23. Bereavement
Leave
24. Anti
Discrimination
25. Annual
Leave Payment And Annual Leave Loading
26. Superannuation
27. Inclement
Weather
28. Living
Away - Distant Work
29. Mobility
30. Safety
31. Workers
Compensation
32. Fitness
For Duty Policy
33. Top Up/24
Hour Income Protection Insurance
34. Rehabilitation
35. Amenities
36. Plant And
Equipment
37. Union
Membership
38. Job
Delegates
39. Site
Communications Meeting
40. Settlement
Of Disputes
41. Community
Standards
42. Temporary
Electrical Installation
43. Electrical
Equipment
44. Entry To
And Movement Within Construction Site
45. Termination
Pay
46. Consent
Award Not To Be Used As Precedent
47. Construction
Hand-Over - Hydro Aluminium Acceptance
Appendix 1 - Travel
And/Or Living Away From Home Declaration
Appendix 2 - Sites
Rules
Appendix 3 - Interface
Agreements
Appendix 4 -
Authority To Obtain From Dima Details Of Immigration Status
Appendix 5 -
Inclement Weather Procedures
Appendix 6 - Pre -
Project Award Work
1. Title
This Consent Award shall be known as the Hydro Aluminium Smelter
Upgrade and Retro-Fit Project Consent Award 2004.
2. Preamble
The parties have mutually agreed that wages and conditions
of workers engaged on construction work as specified above shall be set out
herein and that this agreement shall be embodied in this Consent Award.
The parties are committed to the engagement of employees on
a weekly basis and accordingly the use of casual employees and/or supplementary
labour employees is to be kept to a minimum.
It is recognised by all parties from time to time unions may
be directed to involve their members in National, State-wide or industry sector
campaigns. Any such involvement to the
extent that it breaches the Consent Award will not void this Consent Award, provided
the Settlement of Disputes procedures, including referral of any disputes to
the Industrial Relations Commission, is adhered to by all parties. The parties are committed to resolving all
disputes, including demarcation disputes in accordance with the procedures set
out under this Consent Award.
3. Parties to Consent
Award
The parties bound by this Consent Award are:
(a) All
contractors engaged on work that falls within the application and scope of this
Consent Award.
(b) All employees
of contractors engaged on work that falls within the application and scope of
this Consent Award whether members of the organisations listed in (c) or not.
(c) The
organisations that represent the employees defined in (b), namely:
(i) The Labor
Council of New South Wales.
(ii) Newcastle
Trades Hall Council.
(iii) The
Australian Workers Union.
(iv) The Australian
Manufacturing Workers Union, New South Wales Branch.
(v) The
Construction, Forestry, Mining and Energy Union (Construction and General
Division) New South Wales Branch.
(vi) The Electrical
Trades Union of Australia, New South Wales Branch.
(vii) The New South
Wales Plumbers and Gasfitters Employees’ Union.
(viii) The Transport
Workers’ Union of Australia, New South Wales Branch.
4. Definitions and
Interpretation
In this Consent Award except where the context otherwise
requires:
(a) "Contractor"
means any contractor, subcontractor or supplementary labour provider engaged on
the site.
(b) "Construction
work" means work directly related to the construction and expansion in
respect of the Smelter Upgrade and Retro-Fit Project (SURF) as defined by the
Development Application DA 73-3-2002 approved by the Hon Andrew Refshauge,
Minister for Planning on 21 August 2002,during the life of this Agreement.
(c) "Hydro
Aluminium" means Hydro Aluminium Kurri Kurri Pty Ltd
(d) "Site"
means that area known as the Hydro Aluminium Smelter Upgrade and Retro-Fit
Project Construction Site and in other areas of the existing plant where work
is directly associated with construction and expansion in respect of the SURF
Project at the smelter.
(e) SURF means
Smelter Upgrade and Retro-Fit Project.
(f) SURF Project
Management means the Project Manager or his representative.
(g) "Unions"
and/or "Affiliated Unions" means unions affiliated with The Labor
Council of New South Wales and/or The Newcastle Trades Hall Council as listed
in sub clause 3(c) of this Consent Award.
(h) "Peak
Union Councils" means The Labor Council of New South Wales and The
Newcastle Trades Hall Council.
(i) "AI
Group" means The Australian Industry Group, New South Wales Branch.
(j) "Employer"
means any contractor or subcontractor engaged on the Project and includes a
supplier of supplementary labour engaged by a contractor or subcontractor on
the site.
(k) "Employee"
means an employee of a contractor or subcontractor, including a casual or
supplementary labour hire employee employed in accordance with the provisions
of the Project Award, engaged on the Project and in receipt of the rates of pay
and conditions of this Consent Award.
NOTE:
Subclause 10(d) states that where casual or
supplementary labour hire employee is engaged on the Project, such engagement
shall not exceed four (4) weeks duration.
However, where agreement is reached between the parties to the Agreement,
then such engagement of a casual or labour hire employees may be extended for a
further two (2) weeks. Agreement to such extension of time shall not be
unreasonably withheld.
The intent of this provision is to promote the
engagement of full-time employees to work on the Project.
(l) Words
importing the singular number shall include the plural number and words
importing the plural number shall include the singular number.
(m) Words importing
the masculine gender only shall include the feminine and neuter genders.
(n) Words
importing persons shall include bodies corporate and trusts and words importing
bodies corporate shall include natural persons.
(o) References to
any statutory/award enactment shall include the same as amended and modified
and any enactment repealing or replacing the same, from time to time.
5. Wages
The following wage rates shall apply from the beginning of
the first full pay period commencing on or after the dates specified in Columns
1 - 4.
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1
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2
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3
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4
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Group
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Classification
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15/03/04
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15/09/04
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15/03/05
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15/09/05
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AA
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Electrical Instrument Fitter
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Mechanical Plant Operator Gps.
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$976.50
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$1000.90
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$1025.90
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$1051.50
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F.G.H
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Mobile Cranes over 70 Tonnes (Add: $1.73 for
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every 5 T in excess of 9OT)
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Tower Cranes
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Mechanical Tradesperson - Special Class
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A
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Tradespersons, Engineering and others
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$930.00
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$953.20
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$977.00
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$1001.40
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Mobile Cranes up to 70 tonnes
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Mechanical Plant Operator Groups C, D and E.
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Transport Worker Gds 6, 7, 8.
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Batch Plant Operator/Allocator
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B
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Riggers
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Agitator Driver
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$883.50
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$905.60
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$928.20
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$951.40
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Mechanical Plant Operator
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Groups A and B
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Field Sampler
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Concrete Tester
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Transport Worker Gds 4 and 5
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Dogmen
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Steel Fixers
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Concrete Finishers
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Scaffolders
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Clerk
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Labourers Group A & 2 (CFMEU)
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Labourers Group 3 & 4 (AWU)
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Ganger
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C
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Trades Assistant
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Labourer - Group 2 (AWU)
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$837.00
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$857.90
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$879.30
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$901.30
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Labourer - Group 3 (CFMEU)
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Crane Chaser
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Transport Worker Gds 1, 2 and 3
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Storeperson
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Survey field hand
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Steel Erector
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Field Clerk
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Lagger
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Asphalt Paver/Gang
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(a) The rates prescribed
in Groups AA, A, B and C are in substitution for those rates and allowances
which, but for this Consent Award, would apply to employees of contractors
engaged on the site and are for all purposes of this Award.
Such rates shall only be varied during the term of the
Consent Award in accordance with the schedule as set out above. The parties may, by agreement, include
additional classifications within the groupings set out in this clause. Any dispute as to the appropriate grouping
for a particular classification shall be dealt with in accordance with the
provisions of Clause 40 hereof - Settlement of Disputes.
(b) The rates of
pay set out in (a) do not include Refractory Allowance and Towers Allowance,
but are inclusive of amounts in lieu of over-award payments, Industry
Allowance, Construction Allowance, Fares and Travelling (excluding excess fares
where applicable), Site Allowances 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 exclude those allowances contained
separately under this Consent Award.
(c) Higher Duties
Where any employee on any day performs two or more
classes of work to which a differential rate fixed by this Consent 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
Consent 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.
(d) Allowances
The following allowances shall be payable in addition
to Group A rates where applicable for all purposes of the Consent Award:
(i) Specialist
Skills - Electrical: - Electrical employees who are qualified and required to
perform such work shall receive the following all purpose allowance:
Electrical Licence
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$27.80
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Electrical Special Class
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$46.50
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Electrical Instrument Fitter
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$46.50
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Instrument, Complex Systems
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$46.50
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(ii) 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
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$46.50
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Instrument, Complex Systems
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$46.50
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Other Allowances:
(iii) Tool
Allowance
A tool allowance of $22.10 per week shall be paid for
all purposes to all trades persons.
(iv) Leading Hand Allowance
A person specially appointed to be a leading hand shall
be paid an additional amount which shall form part of the employee’s weekly all
purpose wage.
In charge of not more than one (1) person
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$13.00
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In charge of two (2) and not more than five (5) persons
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$28.70
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In charge of six (6) and not more than ten (10) persons
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$36.60
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In charge of more than ten (10) persons
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$48.80
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(v) First Aid
Allowance
An employee who holds an appropriate First Aid
Certificate and who is appointed by their employer as a first aid attendant
shall be paid an additional allowance of $2.00 per day, such allowance to be
paid for all purposes of this Consent Award.
(vi) Excess Fares
and Travel
Employees who reside and travel by road for more that
50km from the site shall be paid a minimum travel time payment of 30 minutes
for each return journey. If the time
spent travelling beyond 50km totals more than 30 minutes each day, then the
additional time beyond the 30 minutes minimum is paid for in 15minute
increments.
Mileage of 40c/km is payable to the driver of the
vehicle required to travel more than 50km.
This 40c/km payment shall not apply where the company provides or offers
to provide transport to and from site.
(vii) Refractory
Bricklaying Allowance
Refractory Bricklayer
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$1.42 per hour (all purpose)
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Refractory Bricklayer’s Assistant
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$1.22 per hour (all purpose)
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(viii) Towers
Allowance
An employee working on a chimney stack spire, cooling
tower, water tower or silo, where the construction exceeds 15 metres in height
shall be paid for all work above 15 metres, 46 cents per hour, with 46 cents
per hour additional for work above each further 15 metres.
(ix) Plumbing
Allowances
Plumbing Licence
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$38.20
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Plumbing Registration
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$19.40
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(e) Apprentices
The provisions of sub-clause (a), paragraphs (d)(iii)
and (d)(vii) of this clause shall apply proportionately to all apprentices
employed on the site and they shall be paid the appropriate percentage of the
wage rate prescribed for Group A classifications as specified hereunder:
1st year
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42%
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2nd year
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55%
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3rd year
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75%
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4th year
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88%
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Apprentices who attend a TAFE course on a prescribed rostered
day off shall be afforded an alternative day to be mutually agreed between the
contractor or subcontractor and the apprentice concerned.
The parties to this Consent Award encourage contractors
to adopt a ratio of one apprentice to five tradesmen as a minimum. However, no contractor is bound to employ
additional apprentices if that decision would displace other employees already
employed.
All contractors will, when engaging labour, give
preference to apprentices from a union approved community based Apprenticeship
Scheme, i.e., Hunter Group Training and Hunter Valley Training Company.
In relation to apprentices, existing industry practices
shall prevail, including payment for time spent in training
(f) Definitions
(i) "Electrical
instrument fitter" means a tradesperson, not necessarily an electrical
fitter, who is required to design, test and/or repair and maintain electrical
and/or electro-pneumatic measuring and/or recording appliances and/or scientific
instruments electrical instruments.
(ii) "Mechanical
Tradesperson - Special Class" means a mechanical tradesperson who is
mainly engaged in any combination of installing, repairing and maintaining,
testing, modifying, commissioning or fault finding on complex machinery and
equipment which utilises hydraulic and/or pneumatic principles and who, in the
course of such work, is required to read and understand hydraulic and/.or
pneumatic circuitry which controls fluid power systems.
To be classified as a Mechanical Tradesperson - Special
Class a tradesperson will have:
(a) had minimum of
two (2) years on the job experience as a tradesperson working predominantly on
fluid power systems as will enable the tradesperson to perform such work under
minimum supervision and technical guidance and
(b) satisfactorily
completed a prescribed post trades course or the achievement to the'
satisfaction of the employer of a comparable standard of skill and knowledge by
other means including in-plant training or on the job experience referred to in
(a) above.
For the purpose of this definition:
(aa) "mainly
engaged' means regularly over a period or intermittently during a week;
(bb) the following
courses are deemed to be prescribed post trade courses:
Course
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Syllabus Number
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Victoria
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Industrial Hydraulics
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AJ02A
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Industrial Pneumatics
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AJ03A
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Fluid Power Technology
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AJ04A
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South Australia
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Hydraulic
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Pneumatics
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Fluid Power
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Tasmania
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Industrial Pneumatics
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85-461
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Industrial Hydraulics
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85-450
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Queensland
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Service course in Fluid Power
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CN859
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New South Wales
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Industrial Hydraulics
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5721
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Industrial Pneumatics
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5268
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6. Application and
Scope of Consent Award
(a) This Consent
Award shall apply to employees of contractors who are engaged on site as part
of the SURF Project. Construction Work
referred to herein means construction work and/or modification work on plant
that has been contracted as part of the SURF Project.
(b) This Consent
Award shall stand on its own and shall not, except as specifically provided for
in this Enterprise Agreement, be affected by external wage or condition
movements.
(c) For the
purposes of this Consent Award the site offices of Hydro Aluminium are excluded
from the areas referred to in sub-clause (a) of this clause.
(d) All employers shall
observe the terms of this Consent Award.
Where this Consent Award does not make specific provision, the
appropriate parent award shall apply irrespective of whether or not there are
weekly or hourly employees engaged as at the date of this Consent Award.
(e) This Consent
Award shall not apply to statutory employees, employees and contractors of
Hydro Aluminium, security, supervisory, site catering or management and
supervisory personnel and associated staff or to personnel engaged in
deliveries 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 Consent Award in
respect of the work performed on the project.
(f) This Consent
Award shall have no application to plant commissioning, operations or
maintenance or to any work after turnover of plant to Hydro Aluminium or to any
other activities for which the contractors and subcontractors are not
responsible.
(g) The parties to
this Consent Award commit themselves to the achievement of efficiency and
productivity during the course of the construction project and agree that no
party will take any action that adversely affects the efficiency or
productivity of the project.
(h) All suspected
breaches of this Consent Award shall be reported to the SURF Project Manager
for immediate investigation. If found
to be correct, such breaches will be immediately rectified.
7. No Extra Claims
It is a term of this Consent Award that the Parties
undertake that for the period of this Consent Award they will not pursue any
extra claims, award or over-award, for the duration of the Consent Award as
specified in Clause 9. This includes
claims relating to changes arising from award variations or decisions of the
Australian Industrial Relations Commission or the Industrial Relations Commission
of New South Wales, other than changes that are consistent with the terms of
this Consent Award.
Where employees employed under this Consent Award on the
project are receiving terms and conditions greater than this Consent Award as a
result of an Consent Award or other arrangement, this shall not be used as a
basis of a claim by unions or employees of other contractors engaged on the
Project.
Where an enterprise or certified agreement of a contractor
expires during the term of this Consent Award, employees will continue to work
normally under their existing enterprise or certified agreement, and this
Consent Award, and shall be paid or afforded all additional benefits of any new
or replacement enterprise or certified agreement retrospectively to the date of
the new agreement.
8. No Reduction
Clause
No reduction in either rates of pay or conditions of
employment as at date of Consent Award will occur as a result of the making of
this Consent Award provided that where this Consent Award offsets Parent Award
or Enterprise or Certified Award conditions, the provisions of this Consent
Award shall prevail.
9. Duration of
Consent Award
This Consent Award shall operate on and from 15 March 2004
and shall remain in force until 15 September 2006.
10. Contract of
Employment
(a) The contract
of employment for all employees other than casual employees shall be by the
week.
(b) 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.
(c) Applicants for
positions on the project shall be required to complete an Immigration
Compliance Authority, contained in Appendix 4 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 they have the right to work.
Copies of this Authority shall be made available to the Labor Council
upon request.
(d) 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 25% casual loading in compensation for other benefits under
this Consent Award to which a Casual Employee has no entitlement, the Casual
Employee is entitled to pro-rata Redundancy payments as set out under Clause
45, Termination Pay.
Where casual or supplementary labour hire employees are
engaged on the Project, such engagement shall not exceed four (4) weeks
duration, however where agreement is reached between the parties to the Award
then such engagement of a casual or labour hire employee may be extended for a
further two (2) weeks. Agreement to
such extension of engagement shall not be unreasonably withheld.
NOTE:
The intent of this provision is to promote the
engagement of full-time employees to work on the Project. Where the employment
of casual or supplementary labour hire employees extends beyond four (4) weeks
duration without agreement between the parties to an extension as set out above
in subclause 10(d) or, beyond the maximum duration of six (6) weeks, such
employees for the purposes of this Award shall be deemed to be full time
employees of the host contractor or subcontractor. In such circumstances, the host contractor or subcontractor shall
not be required to issue any additional protective equipment as required by the
provisions of subclause 30 (h).
(e) Nothing in
this Clause shall affect the right of a contractor to dismiss an employee,
without notice, for misconduct or refusing lawful duty.
(f) Nothing in
this Clause shall affect the right of a contractor 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.
(g) Nothing in
this Clause shall affect the right of an employee to pursue a claim for unfair
or unlawful termination through the relevant State or Federal tribunal.
(h) A contractor
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 the contractor 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 the
contractor or, because of any stoppages of work (other than for site conditions
within the allowance prescribed in Clause 27, Inclement Weather hereof) by any
cause including breakdown of machinery or failure/lack of power, for which
cause the contractor is not responsible.
(i) A
tradesperson shall be allowed one hour prior to termination to gather, clean,
sharpen, pack and transport his/her tools.
11. On Site Register
Hydro Aluminium shall require that all contracts with
contractors to be in writing and include the following terms as and conditions:
(a) The conditions
contained within the Consent Award shall form part of such contracts and bind
all such contractors.
(b) Contractors
will be required to meet all statutory, award and legal obligations for their
employees in addition to those binding under the Consent Award.
The Peak Councils will be kept advised of contractors
coming on site. The contractors will
ensure that employees hold the necessary qualifications to enable work to be
performed in a safe and efficient manner.
The practice of all-in payments, cash-in-hand payments
or pyramid contracting will not be tolerated on site.
All contractors shall supply a declaration that they
will abide by the provisions of the Consent Award.
Hydro Aluminium shall keep a Register containing
relevant information of every contractor and their employees engaged on
site. Prior to commencing work on site
each contractor and their employees must provide and certify as correct the
following information:
From Employees:
(a) Name and
Address of Employee;
(b) Name and
Address of Employer (Contractor/Sub-contractor);
(c) Classification
and Certificate details;
(d) Induction
date;
(e) Union and
Ticket Number (where applicable);
(f) Superannuation
Scheme Name and Employee Number;
(g) Long Service
Leave Number;
(h) WorkCover Ticket-Permit
Numbers;
(i) ACIRT, MERT
or other Redundancy Scheme Number;
(j) UPLUS or
equivalent Scheme Number; and
(k) Other
information that may be reasonably required from time to time by either Hydro
Aluminium or the Peak Union Councils.
Failure to comply or repeated breach with this clause
may result in employees being removed from the site.
From Employers:
(a) Registered
Business Name and Address of Employer and ACN/ABN Number;
(b) Workers
Compensation Policy Number, Underwriter and Currency Certificate;
(c) Public
Liability Policy Number, Underwriter and Currency Certificate;
(d) Superannuation
Fund Name and Employer Number;
(e) Long Service
Leave Employer Number;
(f) Redundancy
Scheme Details;
(g) UPLUS or
equivalent Scheme Number; and
(h) Rehabilitation
Particulars Pursuant to New South Wales WorkCover Regulations and Guidelines.
(i) Other
information that may be reasonably required from time to time by either Hydro
Aluminium or the Peak Union Councils.
Failure to comply or repeated breach with this clause
may result in persons and/or contractors being removed from the site.
12. Induction
Contractors shall ensure that all of their employees conform
to the requirements of the Occupational Health and Safety Regulation 2001,
Chapter 8, Construction Work, Part 8.2 - OH&S Training and provide written
confirmation to Hydro Aluminium prior to requesting a copy of the General Site
Safety Rules and a SURF site induction.
(a) All employees
shall, before entering the site area or commencing work on the site, attend and
complete the Main Gate Induction, SURF Project Induction Programme and
regulations, project specific site rules and this Consent Award.
Hydro Aluminium will conduct the programme at a central
location on behalf of the contractors. Hydro Aluminium reserves the right to
alter the duration of the programme and to conduct further induction and/or
refresher programmes.
Each employee shall receive a General Site Safety Rules
Booklet and a copy of this Consent Award and shall sign an acknowledgement of
receiving it.
(b) After
successful completion of the Site Induction Programme, each employee shall be
issued with a Site Identity Pass that will allow entry to and exit from the
site.
The pass will bear a photograph of the employee together
with other pertinent information contained in Clause 11 hereof.
Should an employee lose their Project Identity Pass
they must immediately notify their employer who will in turn immediately notify
Hydro Aluminium. A replacement pass
will be available at a charge of $110 to the contractor company.
13. Site Practices
(a) All persons on
site will be required to conform to the Site Safety Practices as outlined in
the General Site Safety Rules Booklet and all relevant site safety statutes
applicable in New South Wales. The Occupational
Health & Safety Act and its Regulations shall be strictly
observed on site.
(b) All employees
shall be conversant with this Consent Award and if necessary ask their
respective union officials to explain, and further:
(i) No alcohol is
permitted on the site at any time.
(ii) No narcotic
drugs of addiction, non-prescribed drugs or illegal substances are permitted on
site at any time.
(iii) The parties
to this Consent Award will comply with Hydro Aluminium’s Alcohol and other
Drugs Policy and are encouraged to adopt the Construction Industry Drug and
Alcohol Policy as a guide when dealing with such problems on site.
(c) All workers
shall, at all times, use the facilities provided by virtue of the terms of this
Consent Award.
(d) All employees
shall be required to conform with the safety rules and regulations and site
rules as specified.
14. Hours
(a) Except as
provided elsewhere in this Consent Award the ordinary working hours shall be
thirty-eight (38) consecutive hours each Monday to Friday inclusive, between
the hours of 6.00am and 6.00pm with the first .4 of an hour of each day worked,
plus .4 of an hour for each day on paid leave, accruing as an entitlement to be
taken except as specified in paragraph (d)(v) hereof on the fourth Monday in
each cycle as a paid day off, as though worked.
Provided further, up to five (5) rostered days off may
be accrued by agreement between the contractor and the employee, and must be
taken during the course of the job.
(b) There shall be
a cessation of work and of working time for the purpose of a meal on each day
of not less than thirty (30) minutes, to be taken between noon and 1.00pm,
subject to operational demands.
(c) Notwithstanding
the provisions of subclauses (a) and (b) above, where it is established custom
and practice for a contractor and his or her employees to work ordinary hours
of work within an alternative spread of hours, for example, 5.00am to 5.00pm,
and take an alternative meal break, that established custom and practice may
apply on site on the approval of the SURF Project Manager.
(d) The method of
payment for hours worked, paid leave, etc., shall be as follows:
(i) Normal
Working Days
An employee shall be paid the daily rate for working
the eight (8) ordinary hours on a normal working day. The daily rate shall be calculated by dividing the ordinary
weekly wage by five (5).
Where an employee works part of the ordinary hours on a
normal working day, they shall be paid at the hourly rate for the time worked, less
.4 of an hour (0.8 after 15 March 2006).
(ii) Sick Leave
An employee absent on paid sick leave shall be paid for
each day absent at the daily rate.
Where an employee is absent on paid sick leave for part of a day he
shall be paid at the hourly rate for such time absent, i.e., the difference
between time worked and eight (8) hours.
Where an employee is off for part of a day on paid sick
leave, their sick leave credit in respect of that day shall be the difference
between 7.6 hours and the time that they were paid sick leave.
Example: Employee has ten (10) days accumulated sick
pay and takes four (4) hours off on sick pay.
Their accumulated sick leave would therefore become nine (9) days 3.6
hours.
The sick leave credits prescribed in this Award shall
be converted from hours to days on the basis of each eight (8) hours credit
becoming one (1) day's sick leave or portion thereof.
(iii) Public
Holidays and Other Paid Leave
An employee absent on public holidays or other paid
leave, shall be paid the daily rate of each day of absence, provided always
that the employer shall be obliged to pay no more thirty eight (38) hours per
week ordinary time.
An employee entitled to four (4) weeks annual leave
shall be paid in addition to their annual leave an annual leave loading and
payment of their accrued entitlement for the rostered prescribed day off that
would have otherwise been due if they had not been on annual leave.
(iv) Prescribed
Rostered Day Off
For the prescribed rostered day off, an employee shall
be paid the daily rate less .4 of an hour (0.8 after 15 March 2006) for each
day the employee did not attend for work because of an absence of unpaid leave
during the nineteen (19) day cycle.
An employee who works for part of a nineteen (19) day
cycle on the site (as defined in sub-clause (a) of this clause) and part of the
cycle at another work location of the same employer, shall be entitled to
receive payment at the rate applicable under this Consent Award for the
proportion of time worked on the site when payment is made to such employee in
respect of their rostered day off.
New Employees
A new employee on site shall take the rostered day off
and be paid a pro rata payment for the prescribed rostered day off, calculated
on the basis of .4 of an hour's pay (0.8 after 15 March 2006) for each day
worked within the cycle and for each other day on which the employee has been
absent on paid leave. However, as
provided by Clause 14, up to five (5) rostered days off may be accrued by
agreement between the contractor and the employee, and must be taken during the
course of the job.
(v) Working on the
Prescribed Rostered Day Off (RDO)
The accrued RDO shall be taken as a paid day off provided
that this day may be worked where that is required by the 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 delays to the
project or a section of it or for other reasons arising from unforeseen or
emergency circumstances on the Project, in which case, in addition to accrued
entitlements (i.e. leave accrued may not be discharged by payment in lieu), the
employee shall be paid for work performed in ordinary hours the penalty rates
and provisions for Saturday work only.
Any proposed work on rostered days off where possible shall be notified
to the unions whose members are intended to carry out the proposed work. Such notification shall be provided not
later than on the last normal working day prior to the RDO. This Clause shall not apply where rostered
days off are accrued as provided by sub clause (a) of Clause 14, Hours.
(vi) Overtime Rates
All time worked outside the ordinary working hours outlined
in sub-clause 14(a),(b),(c) shall be paid at the rate of time and one half of
the first two hours and double time thereafter.
(vii) Termination of
Employment
In addition to all other entitlements (pro rata annual
leave, annual leave loading, etc.) the employee shall be entitled to a pro rata
payment of .4 of an hour's pay for each ordinary day worked (0.8 after 15 March
2006) and for each other day that the employee was absent on paid leave within
the nineteen (19) day cycle.
15. Shiftwork
The following conditions shall apply to employees engaged on
shiftwork.
(a) For the
purposes of this clause:
"Afternoon Shift" means a shift finishing at
or after 9.00 pm and at or before 11.00 pm.
"Night Shift" means a shift finishing at
11.00 pm and at or before 7.00 am.
"Morning Shift" means a shift finishing after
12.30 pm and at or before 2.00 pm.
"Early Afternoon Shift" means a shift
finishing after 7.00 pm and at or before 9.00 pm.
(b) Provided that
the employee is employed continuously (inclusive of Public Holidays) for five
shifts Monday to Friday, the following rates shall apply:
Afternoon and Night Shift - Ordinary Time plus 50%.
Morning and Early Afternoon Shifts - Ordinary Time plus
25%.
(c) Broken Shift
(i) A broken shift
is any shift that does not continue for five (5) consecutive working days
Monday to Friday.
(ii) All hours
worked on broken shifts shall be paid as though they were overtime hours,
excepting where the reasons for a broken shift eventuating are as a result of
employee actions or reasons.
(d) An employee
shall be given at least forty-eight (48) hours notice of a requirement to work
shift work.
(e) The hours of
shift workers when fixed, shall not be altered except for breakdowns or other
causes beyond the control of SURF Project Management/contractors, provided that
notice of such alteration shall be given to the employee not later than ceasing
time for the previous shift.
(f) For all work
performed on a Saturday, Sunday or Holiday, the provisions of Clause 17 of this
Consent Award shall be applicable in lieu of the rates prescribed in this
clause.
(g) Work in excess
of shift hours, Monday to Friday, other than holidays, shall be paid for at
double time provided that these rates shall be based, in each case, on ordinary
hours.
(h) Shift work
hours shall be worked between Monday to Friday inclusive provided that an
ordinary night shift commencing before, and extending beyond midnight Friday,
shall be regarded as a Friday shift.
16. Rest Period, Meal
Allowances and Crib Time
(a) There shall be
allowed, without deduction of pay, a rest period of ten (10) minutes
mid-morning and mid-afternoon. This may
be varied by agreement between Hydro Aluminium, employers and the unions. Where an employee is required to work
overtime for at least one and a half hours after working ordinary hours, they
shall be paid by the employer an amount of $9.90 to meet the cost of a
meal. This provision shall not apply to
an employee who is provided with board and lodgings and provided with a
suitable meal. Where an employee is
required to work overtime after the usual ceasing time of the day or shift for
two hours or more, they shall be paid by the employer an amount of $17.90 to
meet the cost of a meal in lieu of any other applicable meal allowances and
crib times, and thereafter, after each four hours of continuous work.
NOTE:
The $17.90 meal allowance ‘buys out’ both the normally
applicable meal allowance ($9.30) and 20 minute crib time.
(b) No apprentice
under the age of eighteen (18) years shall be required to work shift work
unless they so desire. No apprentice
shall, except in an emergency, work or be required to work shift work at times
which would prevent their attendance at TAFE College, as required by any Statute,
award or regulation applicable to them.
(c)
(i) An employee
who works overtime between the termination of ordinary work and the
commencement of ordinary work on the next day and has not had at least ten (10)
consecutive hours off duty between these times, and if on the instructions of
their employer, such an employee resumes or continues to work without having
had such ten (10) consecutive hours oft duty, they shall be paid at double
rates until released from duty for such period and shall then be entitled to be
absent until they have had ten (10) consecutive hours off duty without loss of
pay for ordinary working time occurring during such absence.
(ii) An employee
who works continuously (except for meal and crib times allowed by this Award)
for twenty (20) hours shall not be required to continue at or recommence work
for at least twelve (12) hours.
17. Overtime and
Special Work
(a) All
contractors shall require their employees to work reasonable overtime.
(b) All time
worked beyond the ordinary time of work as prescribed in the Hours clause of
this Consent Award, shall be paid for at the rate of one and a half times (1.5)
ordinary rates for the first two (2) hours thereof and at double time
thereafter.
(c) An employee
recalled to work overtime after leaving their employer's business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of four (4) hours work at the appropriate rates for each time so
recalled; provided that, except in the case of unforeseen circumstances
arising, the employee shall not be required to work the full four (4) hours if
the job they were recalled to perform is completed within a shorter
period. This sub-clause shall not apply
in cases where it is customary for an employee to return to their employer's
premises to perform a specific job outside their ordinary working hours or
where the overtime is continuous (subject to a reasonable meal break) with the
completion or commencement of ordinary working time.
(d) If an employer
requires an employee to work during the time prescribed by the Hours clause of
this Consent Award for cessation of work for the purpose of a meal, the
employer shall allow the employee whatever time is necessary to make up the
prescribed time of cessation, and the employee shall be paid at the rate of
double time for the period worked between the prescribed time of cessation and
the beginning of the time allowed in substitution for the prescribed cessation
time, provided however, that the employer shall not be bound to pay in addition
for the time allowed in substitution for the said cessation time.
No apprentice under the age of eighteen (18) years
shall be required to work overtime unless they so desire. No apprentice shall, except in an emergency,
work or be required to work overtime at times which would prevent attendance at
TAFE College, as required by any Statute, award or regulation applicable to
them.
(e) When an
employee, if they have not been regularly rostered and not given twenty-four
(24) hours notice of their requirement to work overtime, after having worked
overtime, finishes work at a time when reasonable means of transport are not
available, the employer shall provide them with a conveyance to their home or
to the nearest connecting public transport.
18. Weekend Work
(a) Overtime work
on Saturday shall be paid for at the rate of time and a half (1.5) for the
first two (2) hours and double time thereafter, provided that all overtime
worked after 12 noon on Saturday shall be paid for at the rate of double time.
(b) All time
worked on Sunday shall be paid for at the rate of double time.
(c) An employee
required to work overtime on a Saturday or to work on a Sunday shall be
afforded at least four (4) hours work at the appropriate rate.
(d) An employee
working overtime on Saturday or working on a Sunday shall be allowed without
deduction of pay, a rest period of ten (10) minutes mid-morning and
mid-afternoon. This may be varied by agreement
between SURF Project Management, contractors and the unions.
(e) An employee
working overtime on a Saturday, or working on a Sunday, shall be allowed a crib
time of twenty (20) minutes after four (4) hours work without loss of pay but
this provision shall not prevent any arrangements being made for the taking of
a thirty (30) minute meal period, the time in addition to the paid twenty (20)
minutes being without pay.
In the event of an employee being required to work in
excess of a further four (4) hours, they shall be allowed to take a crib time
of thirty (30) minutes without loss of pay.
19. Public Holidays
(a) An employee
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:
New Years Day
|
Easter Monday
|
Labour Day
|
Australia Day
|
Anzac Day
|
Christmas Day
|
Good Friday
|
Queen's Birthday
|
Boxing Day
|
Newcastle Show Day
|
Easter Saturday
|
|
Picnic Day - First Monday in December and one (1) other
additional day per year to be agreed between SURF Project Management and the
unions.
(b) Where an
additional or substituted public holiday is proclaimed by Order in Council or
otherwise gazetted by authority of the Australian or New South Wales Government
under any Act throughout New South Wales or part thereof, such day shall,
within the defined locality, be deemed to be a holiday for the purposes of this
Consent Award: provided that an employee shall not be entitled to the benefit
of more than one (1) holiday upon such occasion.
(c) Provided that:
(i) An employer
who terminates the employment of an employee except for reasons of misconduct
or incompetence (proof of which shall lie upon the employer) shall pay the
employee a day's ordinary wages for each holiday which falls within ten (10)
consecutive days after the day of termination.
(ii) Where any two
(2) or more of the holidays prescribed in Consent Award occur within a seven
(7) day span, such holidays shall, for the purposes of this Consent Award, be
classed as a group of holidays. If the
first day of the group of holidays falls within ten (10) working days after
termination, the whole group shall be deemed to fall within the ten (10)
consecutive days, e.g., Christmas Day, Boxing Day and New Year's Day shall be
regarded as a group.
(iii) No employee
shall be entitled to receive payment from more than one (1) employer in respect
of the same public holidays or group of holidays.
(iv) An employee
who has worked as required by their employer the working day immediately before
and the working day immediately after such a holiday or is absent with the permission
of their employer or is absent with reasonable cause, shall be entitled to
payment for the public holiday. An absence arising by termination of employment
shall not be reasonable cause.
(d) All employees
shall, as far as practicable, be given and shall take Picnic Day on the first
Monday in December and shall be paid therefore eight (8) hours work at the rate
of pay prescribed in the Wages clause of this Consent Award.
(i) Any employee
required to work on this day shall be paid at the rate of double time and a
half (2.5 times) provided that an employee who attends for work as required on
this day shall be paid for not less than four (4) hours work
(ii) Where a
parent award so provides, an employer shall require from an employee evidence
of their attendance at the picnic and production of proof of evidence issued
for the picnic shall be sufficient evidence of such attendance. Where such evidence is requested by the
employer payment need not be made unless the evidence is produced.
(iii) It is agreed
between the parties that no employee shall be required to work on Picnic Day
other than in the circumstances of an unforeseen emergency arising.
(e) 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 (2.5
times).
(f) An employee
required to work on a holiday shall be afforded at least four (4) hours work or
paid for four (4) hours at the appropriate rate.
20. Sick Leave
An employee who is absent from their work on account of
personal illness or injury, other than that covered by workers' compensation,
shall be entitled to leave of absence, without deduction of pay, provided that:
(a) Within
twenty-four (24) hours of the commencement of such absence, the employee shall
inform the employer of their inability to attend for duty, and as far as
practicable, state the nature of the injury or illness and the estimated
duration of the absence.
(b) The employee
shall prove to the satisfaction of their employer that they were unable on
account of such fitness or injury to attend for duty on the day or days for
which sick leave is claimed.
(c) An employee
during their first year of employment with an employer shall be entitled to
sick leave entitlement at the rate of one (1) day on (1) calendar month from
the first day of employment and one (1) day on the first of each calendar month
for the following nine (9) months.
Provided that an employee who has completed one (1)
year of continuous employment shall be credited with a further ten (10) days
sick leave entitlement, at the beginning of their second and each subsequent
year, which subject to sub-clause (g) shall commence on the anniversary of
engagement.
(d) In the case of
an employee who claims to be allowed paid sick leave in accordance with this
clause for an absence of one (1) day only, such employee, if in the year they
have already been allowed paid sick leave on two (2) occasions for one (1) day
only, shall not be entitled to pay for the day claimed unless they produce to
the employer a certificate of a duly qualified medical practitioner certifying
that the employee was unable to attend for duty on account of personal injury
or fitness.
An 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 sub-clause shall limit the employer's
right under subclause (b) thereof.
(e) Sick leave
with an employer shall accumulate from year to year so that any balance of the
period specified in sub-clause (c) hereof which in any year has not been
allowed to an employee by that employer as paid sick leave may be claimed by
the employee and subject to the conditions herein prescribed shall be allowed
by that employer in a subsequent year, without diminution of the sick leave
prescribed in respect of that year.
Sick leave that accumulates pursuant to this sub-clause
shall be available to the employee for a period of ten (10) years from the end
of the year in which it accrues but for no longer.
(f) Any sick
leave for which an employee may become eligible under this Award by reason of
service with an employer shall not be cumulative upon sick leave for which the
employee may become eligible by reason of subsequent service with another
employer.
(g) If an employee
is terminated by their employer and is re-engaged by the same employer within a
period of six (6) months, then the employee's unclaimed balance of sick leave
shall continue to accrue from the date of re-engagement.
The period of interruption shall not be counted as
service for the purposes of sick leave.
21. Parental Leave
Employees shall be entitled to Parental Leave in accordance
with the NSW Industrial Relations Act 1996.
22. 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 sub clause,
any current or accrued sick leave entitlement, provided for in Clause 20, 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 sub clause 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
(d) 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
(e) 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
(f) a same sex partner
who lives with the employee as the de facto partner of that employee on a bona
fide domestic basis; or
(g) 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.
(h) 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
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 sub clause, shall be
exclusive of any shutdown period provided for elsewhere under this Consent
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 sub
clause, 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 sub
clause 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.
23. Bereavement Leave
(a) An employee
shall on the death within Australia of a wife, husband, partner, father,
mother, brother, sister, child (including adopted) or step-child,
mother-in-law, father-in-law, be entitled on notice to leave up to and
including the day of the funeral of such relation, (or where made necessary
because of travel arrangements, the day after the funeral).
(b) Such leave
shall be without deduction of pay for a period not exceeding the number of
hours worked by the employee in two (2) ordinary days of work.
(c) Proof of such
death shall if required be furnished by the employee to the satisfaction of
their employer.
Provided that this clause shall have no operation while
the period of entitlement to leave under it coincides with any other period of
entitlement of leave. For the purposes
of this clause the words "wife" and "husband" shall include
a person who lives with the employee as a de facto wife or husband.
24.
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.
(a) It is the
intention of the parties bound by this Consent 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.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this Consent 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 which, Consent Award by its terms or operation, has a direct or indirect
discriminatory effect.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pays to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to
this agreement from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion that conforms to the doctrines of that religion or
is necessary to avoid injury to the religious susceptibilities of the adherents
of that religion."
25. Annual Leave
Payment and Annual Leave Loading
(a) Each employee,
before going on Annual Leave, shall be paid in advance the wages which would
ordinary accrue to them during the currency of annual leave.
(b) In addition to
the payment prescribed in sub-clause (a), an employee shall receive during a
period of annual leave loading for each week of annual leave.
An employee who applied for their annual leave whilst
engaged on this site shall be entitled to any benefits applicable to such annual
leave contained in this Consent Award.
If their employer transfers the employee to another location for a
period not exceeding one (1) month this clause shall apply.
Any benefits shall be on a pro rata basis for the
period worked on this site for each week of annual leave due.
(c) The loading
prescribed above is calculated on the basis of 17.5% of the group wage rates
set out in Clause 5 of this Consent Award, and if those rates are further
increased as a consequence of the provisions of sub clause (a) of Clause 5, the
annual leave loading shall also be increased by the same percentage formula and
from the same date as the wage rate is increased.
(d) The loading
prescribed above shall also apply to proportionate leave due to an employee
whose services are terminated by an employer through no fault of the employee.
(e) Except as
provided in sub-clause (d) hereof as to the payment of loading on proportionate
leave on termination, the provisions of the appropriate parent award shall
apply.
26. Superannuation
(a) Employees of
contractors and sub-contractors covered by this Consent Award shall, whilst
they are engaged on this site, be covered by an appropriate superannuation
scheme such as C + BUS or other union approved superannuation schemes.
(b) Construction
work to be performed under this Consent Award falls under the definition of
construction work contained in the Trust Deed or Deed of Adherence of the C +
BUS Superannuation Scheme.
(c) Contractors
shall contribute $80.00 per week, or the Superannuation Guarantee Levy,
whichever is the higher, on behalf of employees into a recognised industry
scheme. From the first pay period
commencing on or after 15 March 2005, this amount shall increase to $85.00 per
week and, from the first pay period commencing on or after 15 March 2006, this
amount shall increase to $90.00 per week, or the Superannuation Guarantee Levy,
whichever is the higher.
(d) Provided that
such contribution shall not be in addition to any contributions made in
accordance with legislation or an Consent Award.
27. Inclement Weather
The inclement weather provisions of the National Building
and Construction Industry Award shall apply in respect of all employees engaged
under the provisions of this Contract Award.
Employees of contractors and subcontractors shall be
employed on a weekly basis provided that this shall not affect the engagement
of casual or temporary employees.
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 and the OH&S
Committee 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 5 shall apply.
If "inclement weather" creates an unsafe
situation/circumstance the OH&S Act will apply.
The contractor and/or supplier of supplementary labour
shall stop work if conditions dictate.
When this does occur the following options apply:
Employees return to crib rooms - for training etc, or
Employees are relocated to work in other areas.
Employees shall not be unreasonably held on site.
No employee shall have the right to cease work or leave
the SURF Project site without the permission of the employer.
The SURF Project Manager 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.
28. Living Away -
Distant Work
(a) Entitlement
The employer shall provide a distant worker with either
reasonable board and lodging at no cost to the employee, or pay the living away
from home allowance contained in the contractor’s parent award when employed on
the construction site at such distance from their usual place of residence that
they cannot reasonably return each night or as otherwise defined in the
employee's parent award.
The employer shall provide an itinerant worker with
acceptable board and lodging at reasonable cost.
(b) Procedure
(i) The employer
shall advise applicants for employment of their entitlement under this clause
at the time of the interview.
(ii) 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 employee's records when the employee completes the Travel and/or Living
Away From Home Declaration (See Appendix 1) made at the pre-employment
interview.
(iii) Any employer
shall not, under any circumstances, attempt to persuade or induce applicants
for employment to provide a local address as their usual place of residence in
an effort to avoid the employer's obligations under this clause.
(c) Disputes
Disputes arising from application of this clause will
be subject to resolution in accordance with the Settlement of Disputes clause
of this Consent Award. In the event of
a dispute all relevant documentation will be made available to the tribunal
dealing with the matter.
(d) Definition
(i) "Distant
Worker" means an employee who has provided satisfactory evidence that, due
to engagement on the site they are unable to reasonably return home each right
or as otherwise defined in the relevant award.
(ii) "Itinerant
Work" means an employee with no fixed address.
(iii) "Usual
Place of Residence"
(a) 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 motor vehicle driver's
licence may be provided and accepted in lieu of the statement in writing.
(b) The employee's
usual place of residence and not the place of employment shall determine the
applicability of this clause.
(c) An employee
shall notify the employer in writing of any subsequent change to their usual
place of residence. No subsequent change to an employee’s usual place of
residence shall entitle an employee to provisions of this clause, unless the
employer agrees.
(iv) "Reasonable
board and lodging means lodging in a well kept establishment with three (3) adequate
meals per day, adequate furnishing, good lighting and heating, hot and cold
running water, in a single or twin room if a single room is unavailable.
(v) "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).
The Living Away from Home Allowance will be paid in
accordance with the provisions of the employee's relevant parent award.
Provided further, that if the employee satisfies the
employer that they reasonably incurred a greater outlay that any prescribed,
the allowance shall be increased to match the outlay.
The allowance payable pursuant to this Clause, shall be
in substitution for additional payments provided to employees for travel to and
from the Project i.e. payments available under ‘Excess Fares and Travel’ in
paragraph 5(d)(vi) of this Consent Award.
29. Mobility
Where an employee is sent from their usual locality to
another, they shall whilst necessarily travelling be paid travelling time and
expenses as follows:
(a) The rate of
pay for travelling time shall be ordinary rates, except on Sundays and Public
Holidays, which shall be time and one half.
(b) The maximum
travelling time to be paid for shall be twelve hours out of every twenty four
hours, or when a sleeping berth is provided by the employer for all Night
travel, eight hours out of every twenty four.
(c) Expenses for
the purpose of this clause means:
All fares reasonably incurred. The fares allowed shall be for bus, economy
air, second class rail travel, except where all night travelling is involved,
then they shall travel first class, with sleeping berth, where available
Reasonable expenses incurred whilst travelling
including $9.30 for each meal taken.
A reasonable allowance to cover the cost incurred for
board and lodging
(d) Where an
employee proceeds to a distant construction site and provided that the employer
obtains a statement in writing from the employee of their usual place of
residence at the time of engagement, no subsequent change of address shall vary
the entitlements under this clause unless the employer agrees.
(e) Week End
Return Home
An employee who works as required during ordinary hours
of work on the working day before and the working day after a weekend and who
returns to their usual place of residence for the weekend, and who notifies the
employer no later than Tuesday of that week of their intention to return to
their usual place of residence at the weekend, shall be paid an allowance of
$27.10 for each occasion. This payment
shall not apply to any employee receiving living away from home allowance, in
lieu of board and lodging.
(f) Rest and
Recreation - Rail and Road Travel
An employee who qualifies for the provisions of this
clause, may, after two months continuous service, and thereafter at station
nearest to their usual place of residence, on the pay day which immediately follows
the date on which they return to the job.
Provided, that no delay not agreed with the employer takes place in
connection with the employee’s commencement of work on the morning of the
working day following the weekend.
Provided further, that if the work upon which the
employee is engaged will terminate in the ordinary course within a further 28
days after the expiration of any such period of two or three months, then the
provisions of this subclause shall have no application.
(g) Air Travel
The following conditions shall apply to an employee who
is located in any area to which air travel is the only practicable means of
travel;
The employee may return home after four months
continuous service and shall in such circumstance be entitled to two days leave
of which one day shall be paid.
Thereafter, the employee may return to their usual
place of residence after each further period of four months continuous service,
and in each case they shall be entitled to two days leave of which one day
shall be paid.
Payment for leave and reimbursement for any economy
class air fare paid by the employee shall be made at the completion of the
first pay period commencing after the date of return to the job.
Provided further, that if the work upon which the
employee is engaged will terminate in the ordinary course within a further 28
days after the expiration of any such period of four months, then the
provisions of this subclause shall have no application.
(h) Limitation of
Entitlement
This entitlement shall be taken as soon as is
reasonably practicable after becoming due and shall lapse after a period of two
months. Provided that the employee has
been notified in writing by the employer in the week prior to the entitlement
becoming due and of the date that the entitlement will lapse if it is not taken
by the employee. (Proof of the written notice shall lie with the employer).
(i) Service
Entitlement
For the purpose of this paragraph, service shall be deemed
to be continuous, notwithstanding an employee’s absence from work as
prescribed.
(j) Variable
Return Home
In special circumstances, and by agreement with the
employer, the return to the Usual place of residence may be granted earlier or
taken later then the prescribed date of accrual without alteration to the
employee’s accrual entitlements.
(k) Non-Payment in
Lieu
Payment of fares and leave with pay as provided shall
not be made unless taken by the employee.
(l) Termination
An employee shall be entitled to notice of termination
in sufficient time to arrange transport at termination or shall be paid as if
employed up to the end of the ordinary day before transportation is available.
30. Safety
All work undertaken for the SURF Project shall comply with
the provisions of the NSW Occupational Health and Safety Act 2000
and Regulations 2001 and the Hydro Aluminium site safety requirements.
(a) It is also
accepted by the parties to this Consent Award that the procedures of the
Building Industry Safety Codes shall be the procedures by which safety matters
are handled, and whilst these are being followed there shall be no stoppage of
work in respect of the matter being considered, except in the area or matter
under consideration.
(b) Each employer shall
establish a Safety Committee in accordance with the Occupational Health and
Safety Act 2000 and Regulation 2001.
A Project Safety Committee comprising a SURF Project representative, the
Chairs of individual employer safety committees and employer representatives
shall be formed and will operate in accordance with the provisions of the Occupational
Health and Safety Act 2000 and Regulation 2001.
Frequency of site safety inspections and other matters
pertinent to the Occupational Health and Safety Act 2000 and Regulation
2001 will be determined by the Safety Committee in consultation with SURF
Project Management.
(c) Each employer
shall provide to their employees all appropriate safety equipment free of
charge as necessitated by the tasks in accordance with any existing
Regulation(s) or Regulation(s) implemented during the life of the Consent
Award.
(d) Rectification
Work
Contractors shall engage qualified personnel and/or
sub-contractors for the purpose of performing hazard prevention and rectification
work such as erecting handrails and toe boards around the perimeter of floors,
openings, penetrations, up stairways, covering up openings, fixing of ladders,
building walkways, ramps, etc.
(e) Scaffolding/Formwork
Employees carrying out scaffolding/formwork duties must
be in possession of the appropriate Certificate of Competency issued by the New
South Wales Office of Industrial Relations and Employment.
(f) First Aid
(i) An emergency
vehicle will be located on site at all times.
(ii) First aid
boxes shall be provided by all Employers as required in accordance with the Occupational
Health and Safety Act 2000 and Regulation 2001.
(iii) All Employers
shall make provision in accordance with the Occupational Health and Safety
Act 2000 (and Regulation 2001) as to the provision of personnel in
administering this obligation under the said Act.
(g) Occupational
Health & Safety
The Parties have agreed to adopt Hydro Aluminium’s Site
Safety Management Plan. As part of this
plan Contractors will be required to submit comprehensive risk assessments for
all work undertaken on the project. The
provisions of the Occupational Health and Safety Act 2000 (NSW) and
Regulation 2001 or their successors shall apply to and regulate all work
covered by this Consent Award. A First
Aid Room, complying with the Act, Regulations and industry standards, will be
provided.
(h) Protective
Clothing
Upon commencement on the project, employees will be
issued with the following protective clothing, equipment and footwear:
One pair of approved safety footwear.
Two pairs of standard issue long pants and two
standard-issue long sleeved shirts or two pairs of long sleeved overalls. Shirts and overalls shall be "high
visibility" in accordance with Hydro Aluminium’s requirements.
One hard hat (with substantial add-on shade ‘brim’)
designating the employee’s employer and name.
Appropriate safety glasses (either tinted or non-tinted
- employee choice). Employees with prescription
glasses will be issued with mono goggles or have their prescription safety
glasses face-hardened (employee choice).
Each employee on commencement of employment on site
shall be eligible to be issued with one woollen "bluey" type warm
jacket, which will be issued between 1 May and 1 September.
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 their final pay.
Hard hats, safety glasses and safety footwear must be
worn at all times other than whilst in offices and crib sheds.
Replacement of any articles shall be on the basis of
fair wear and tear provided the worn out item is produced for replacement. An employee who loses parts of the issue
will be required to purchase necessary replacements.
Where an employee transfers
(i) to the project
with the same employer, or
(ii) between
project employers and has already
received an issue of approved protective safety footwear, will only be
eligible for any re-issue on the basis of fair wear and tear 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.
The employer shall issue, on a loan basis, all safety
equipment and protective clothing necessary for specific work tasks. Requisite safety equipment shall be worn.
The employer shall make available sunscreen (SPF 30+)
and mosquito repellent for personnel engaged in outside work.
(i) Where an
individual, who has been issued with required protective safety equipment,
including safety footwear, helmets, harnesses and adequate clothing is found
not to be wearing same on the job then such employee shall be counselled in the
presence of the site Safety Committee elected representative.
Further infractions in relation to the non-wearing of
the said protective equipment referred to in this clause shall result in the
individual being required to show cause to the Site Safety Committee why the
said individual should not be removed from the site.
Exemption from this clause is to be from the
recommendation of the site safety committee only.
(j) The employer
shall ensure that employees required from time to time to use hand tools, e.g.
Riggers are supplied with appropriate "fit for purpose" tools at all
times.
31. Workers
Compensation
Hydro Aluminium shall instruct all contractors that it is a
term and condition of their contract that they shall ensure that all workers
they engage to work on the site are covered by New South Wales Workers'
Compensation insurance and are aware of their responsibilities under the
legislation which is current at the time. Proof of such insurance shall be
required by Hydro Aluminium (See Clause 11 hereof).
Hydro Aluminium shall instruct all contractors that it is a
term and condition of their contract that provided an injured worker (or their
representative if the injured worker is unable to do so) reports an injury and
complies with claims requirements and the insurer and employer are satisfied
that such injury is compensable, the employer shall pay to the injured worker
the back payments within two (2) days of acceptance of liability and weekly
payments of compensation will thereafter be made on normal pay days.
The employer will provide all necessary information to the
insurer within twenty-four (24) hours of the injury occurring or them being
notified of a possible claim for workers' compensation.
In all other respects the provisions of the Workers'
Compensation Act 1987 (as amended), will apply.
Hydro Aluminium must be immediately notified of all
accidents on site. All contractors and
employees must ensure all injuries are reported in both the employer's Accident
Book and the Site Accident Book.
32. Fitness for Duty
Policy
Under no circumstances will any employee affected by alcohol
and/or affected by any other drug be permitted to work and/or operate any
equipment on the Project. Supervisors will be responsible for reporting such
incidents.
Hydro Aluminium’s Alcohol and other Drugs Policy and
procedures (as amended) will be applied to all employees working on the SURF
Project.
A copy of this Policy will be provided to employees at the
project induction and will be posted on notice boards throughout the site.
Further additional copies can be obtained on request.
Consultation with the relevant site safety committee or
company consultative committee will take place to review and monitor this
policy and compliance.
33. Top Up/24 Hour
Income Protection Insurance
Each employer shall provide Top Up/24 Hour Income Accident
Insurance with the UPLUS or other scheme with comparable benefits, provided the
rates for the comparable scheme are also comparable, to provide cover of up to
$1,200 per week with a 21 day waiting period for any claims.
34. Rehabilitation
In accordance with WorkCover Regulations and Guidelines
Hydro Aluminium and contractors will implement their respective Rehabilitation
Policy.
35. Amenities
(a) Amenities as
prescribed in the Consent Award and/or legislation and WorkCover codes are to
be provided.
(b) All lunch
sheds shall contain reverse cycle air-conditioning.
(c) Refrigerators
shall be provided in crib sheds.
(d) Outside/inside
hand washing.
(e) Each
contractor shall ensure that amenities are provided and comply with (a), (b),
(c) and (d) above.
(f) Hot and cold
water shower block(s).
(g) Hot and cold
water in toilet blocks.
36. Plant and
Equipment
(a) All mobile
plant and equipment shall, prior to commencement on of work site, be certified
and have a certificate of currency as complying with the Occupational Health
and Safety Act 2000 and Regulation 2001.
(b) Every part of
the structure, working gear and anchoring and fixing of every crane, joist and
scaffolding winch and of all other hoisting machines, ropes and slings, whether
metal or non-metal, and gear shall, as far as is reasonable practicable, be
examined in position by a competent person:
(i) at least once
in every month; or
(ii) at such more frequent
intervals as are necessary to ensure that the hoisting machine or gear is in
safe working order (Occupational Health and Safety Act 2000 and
Regulation 2001).
(c) A competent
person shall inspect all chains, ropes, slings and other gear used for hoisting
or lowering or as a means of suspension:
(i) at least once
every month; or
(ii) at such more
frequent intervals as are necessary to ensure that the scaffolding is safe.
(d) A report
signed and dated by the competent person (as defined above) shall be lodged
with SURF Project Management immediately following such inspection at intervals
of not less than one (1) calendar month.
Should such written reports not be submitted in accordance with this
clause there shall be no cessation of work. SURF Project Management shall take
all appropriate steps to ensure that the report is obtained or another
inspection undertaken within two (2) working days of the expiration of the
previous certificate (Occupational Health and Safety Act 2000 and
Regulation 2001).
(e) All hire
cranes required on site shall come from a recognised crane yard.
(f) Crane drivers
and dogmen will be suitably qualified.
(g) When engaging
the most appropriate plant, preference will be given to plant fitted with
Ergonomic R/C Air filtered/conditioned cabs with Roll Over protection.
37. 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
Consent Award.
Union membership shall not of itself in any way limit the
operation of Clause 5 of the Consent Award with respect to the duties of any
employee.
38. Job Delegates
(a) An employee
appointed as a job delegate shall upon notification by the union to the
employer be recognised as the accredited representative of the union to which
they belong and they shall be allowed all necessary time during working hours
to submit to the employer matters affecting the employees they represent and
shall be allowed reasonable time during working hours to attend to job matters
affecting their union.
(b) Delegates from
each union shall be allowed time off with pay for up to six (6) days in any one
(1) year to attend Approved Trade Union Training Schools providing that
reasonable notice is given to the respective employer of the day or days that a
course will take place and adequate discussion in relation to the total numbers
attending has taken place with SURF Project Management.
(c) The contractors
shall ensure that where previous arrangements have been made with individual
contractors/sub-contractors for a delegate to attend an approved Trade Union
Training Course that, where possible, those arrangements are upheld.
(d) Job delegates
shall be allowed access, upon request, to a telephone for union business
related to the site.
(e) Prior to
dismissal or transfer, two (2) days notice shall be given to any shop delegate
and their appropriate union.
(f) Payment in
lieu of notice shall not be given.
(g) In the event
of the union disputing the decision of management to transfer or terminate the
services of a job delegate, they shall remain on the job during which time the
Settlement of Disputes Procedure under this Consent Award shall be invoked.
39. Site
Communications Meeting
(a) Delegates’
Meetings
As a means of achieving better industrial relations on
site, accredited job delegates shall be entitled to attend a combined site
delegates prior to the scheduled Monthly Meeting of employees, without
deduction of pay, for a maximum period of three (3) hours on each meeting.
The meetings shall be convened by the Peak Union
Councils on behalf of affiliated unions and shall be held on dates and commence
at times to be mutually agreed between SURF Project Management and the Peak
Union Councils.
(b) Monthly
Meeting of Employees
(i) Subject to
sub-clause (b) of this clause, one (1) hour per month shall be allowed
employees between 11.00am and 12.00 noon to discuss union affairs at a time to
be agreed upon between the parties.
Once established, no alteration is to be made to the scheduled date and
time for such meeting unless a change is requested on behalf of all unions by
the Peak Union Councils.
(ii) The granting
of time to discuss union affairs is to be reviewed by SURF Project Management
every three (3) months while any time lost during ordinary working hours by
attendance at unauthorised meetings shall not be paid.
(iii) The right to
hold meetings as prescribed by this clause may be withdrawn at any time should
any group of employees attend meetings outside the times and dates so
prescribed.
(c) Joint Monthly
Meeting
A monthly meeting shall be held between nominated job delegates,
their union officials, site management (including the site safety supervisor)
and where possible an official of both Peak Union Councils, to discuss site
matters, with particular emphasis on accident prevention. This meeting shall be held immediately after
(where practicable) the monthly meeting of employees.
40. Settlement of
Disputes
(a) Where an
employee or the shop steward has submitted a request concerning any matter
directly connected with employment to a supervisor or a more senior representative
of management and that request has been refused, the employee may, if they
desire, ask the job delegate to submit the matter to management and the matter
shall then be submitted by the delegate to the appropriate executive of the
employer concerned.
(b) If not settled
at this stage, the matter shall be formally submitted to a State Official of
the union to the employer.
(c) If not settled
at this stage, the matter shall then 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, representatives of AI Group or other
persons as SURF Project Management may authorise.
(d) If the dispute
is still not resolved the Peak Union Councils shall be advised to enable the
Councils to assist in the resolution of the dispute.
(e) If the parties
fail to resolve the dispute in accordance with (d) above, they shall refer it
to the Industrial Relations Commission of New South Wales for conciliation and
mediation.
(f) If the
parties fail to resolve the dispute in accordance with (e) above, they may, by
agreement request the Commission to assist in resolving the matter by
arbitration.
(g) Where the
procedures from (a) to (f) are being followed or where it is agreed to proceed
to arbitration, work shall continue normally.
This condition shall be strictly enforced by the Peak Councils.
(h) In the event
that a dispute appears likely to remain unresolved or, that stoppages of work,
bans and limitations have been placed on the performance of work and, the
dispute is unlikely to be resolved by resort to the Settling of Disputes
Procedure, nothing in this Clause shall restrict a union or contractor
referring the matter to the Industrial Relations Commission of New South Wales
for resolution.
No party shall be prejudiced as to final settlement by
the continuance of work in accordance with this sub-clause.
Demarcation Dispute
(a) Settlement
within the Union Movement
(i) Demarcation
disputes should be resolved by agreement between the unions concerned.
(ii) Where
agreement cannot be achieved directly between the unions concerned, the unions
will notify the Newcastle Trades Hall Council in Newcastle or The Labor Council
of New South Wales.
(iii) Affiliated unions
will not refer demarcation disputes to industrial tribunals unless there has
been a reasonable opportunity to discuss the issued within the union movement.
(iv) Work shall
continue while a demarcation dispute is resolved on the pre-dispute basis. Any dispute as to what constitutes the
pre-dispute basis shall be referred to the Industrial Relations Commission for
determination as a threshold question and the Commission may make a
recommendation to the parties for resolution of the dispute.
41. Community
Standards
The parties acknowledge that during the term of this Consent
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, the parties to this Consent Award shall
discuss this change and the implications of a possible variation to this
Consent Award.
If the parties are unable to resolve any issue arising out
of these discussions the issue shall be processed through the Settlement of
Disputes (Clause 40).
This shall not constitute a re-opening of negotiations on
the terms and conditions of this Consent 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.
42. Temporary
Electrical Installation
All temporary electrical installations set up by contractors
on site must conform with the following Codes of Practice under the Occupational
Health and Safety Act 2000 and Regulation 2001:
Electrical Practices for Construction Work
Low Voltage Electrical work
43. 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 Codes of
Practice.
All extension cords, portable tools, electrical plant
brought on to the site by the contractor must bear the correct monthly tag.
Contractors are required to keep a logbook 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 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 Occupational Health and Safety Act 2000 and Regulation 2001,
and the Electrical Safety Act 1995.
All welding units shall be fitted with either a voltage
reduction device (VRD) in accordance with the provisions of AS 1674 or a
trigger switch that opens the welding circuit unless it is closed complying
with AS 1674.
44. Entry to and
Movement within Construction Site
The following procedures shall apply in relation to the
entry to and movement within the construction site of visiting union officials
after they have completed the Site Safety Induction or attending as an escorted
visitor:
(a) A union
official, on entering the site, shall advise their name and the union they
represent to the gatekeeper at the main gate.
(b) The gatekeeper
will notify a representative of SURF Project Management of a union official’s
arrival and that representative will arrange for the union official to proceed
to SURF Project Management site office.
(c) A union
official who wishes to visit a contractor on the construction site is to notify
their intention to SURF Project Management's representative prior to entering
the site. The contractor's manager or
his/her representative will then arrange for the official to be issued with a
Visitor's Pass.
(d) Union
officials visiting the site will be permitted to park their cars in a
designated visitors' car parking area adjacent to the site entrance. If necessary, and upon request,
transportation to various contractors' locations will be arranged by SURF
Project Management.
(e) Before
entering a work place a union official is to report to the representative of
the contractor within the construction area.
(f) A union
official is required while in the construction area to observe all safety rules
and established site policy, which includes, as a minimum, the wearing of hard
hats, adequate foot protection and safety glasses.
(g) Subject to job
requirements, and authority being given by an authorised representative of a
contractor a union official may converse with their job delegate during the
course of their visit.
(h) A union
official shall not hamper or hinder other employees during their visit.
(i) Any
contractor's representative on site shall not unreasonably withhold permission
for a union official to meet with the official's representative/members on the
site.
45. Termination Pay
In lieu of award termination and redundancy payments
otherwise payable, employers shall contribute into ACIRT, MERT or an
Occupational Redundancy Fund approved by the parties, $75.00 per week per
employee, in respect of each completed week of employment at the construction
site. From the first pay period
commencing on or after 15 March 2005, this amount shall increase to $80.00 per
week and, from the first pay period commencing on or after 15 March 2006, this
amount shall increase to $85.00 per week.
An employee engaged on-site from time to time for less than
a completed week of employment shall be paid $2.10 per hour ‘flat’ for all
ordinary hours worked to a maximum of thirty eight (38) ordinary hours (36
after 15 March 2006) per week, in lieu of the required contributions on behalf
of employees into ACIRT, MERT or an Occupational Redundancy Fund approved by
the parties. Such amounts are to be
shown separately on the employee’s pay advice.
46. Enterprise
Agreement Not to Be Used as Precedent
The Peak Union Councils on behalf of their affiliated
unions, and the AIG on behalf of contractors agree that this Consent Award was
made having regard to the special circumstances existing on the SURF Project
Construction Site and that the contents herein are not to be used as a
precedent by either party.
47. Surf Hand-Over -
Hydro Aluminium Acceptance
(a) Items of
plant, equipment or areas related to the Hydro Aluminium Smelter Upgrade and
Retro-Fit Project Construction Site and/or any of its systems may be accepted
by Hydro Aluminium upon completion at any time during the course of the
construction project. Such items shall,
subject to subclause (c) of this clause, be deemed to be pre-commissioned for
the purposes of this Consent Award with the result that Hydro Aluminium
employees may involve themselves with the use and operation of such equipment
and facilities.
(b) It is the
responsibility of SURF Project Management to issue a statement of practical
completion to Hydro Aluminium and the responsibility of Hydro Aluminium to
issue a certificate of practical completion. Any item of work embraced by
subclause (a) of this clause shall be clearly identified by area or by other
means (such as tags). Subsequent to
such identification all such areas, equipment, systems, faculties, etc., will
become the responsibility of Hydro Aluminium.
(c) It is the
responsibility of Hydro Aluminium to declare industrial acceptance on any item
of work as embraced in subclause (a).
Hydro Aluminium reserves the right to pass back to SURF Project
Management any item of work which it determines requires major design changes
after acceptance. Further Hydro
Aluminium reserves the right to utilise vendors for equipment that is under
warranty to modify or correct any defects/deficiencies that may occur to the
equipment once industrial acceptance is effected.
HYDRO ALUMINIUM
KURRI KURRI SMELTER UPGRADE AND RETRO-FIT PROJECT CONSENT AWARD 2004
Employee:
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Classification:
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Usual Place Of Residence:
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I hereby acknowledge that I have received a copy of the
Consent Award.
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Signature:
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Date Of Issue:
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Employer:
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Name:
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I acknowledge further that I have read and understand the
contents thereof.
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Signature:
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Date:
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This page is to be detached and kept by Hydro Aluminium to
verify that the person named has attended and passed the Hydro Aluminium Gate
Security Site Safety Induction and Consent Award Induction Program.
Our Goal is ZERO Injuries, Zero Defect
HYDRO ALUMINIUM
KURRI KURRI SMELTER UPGRADE AND RETRO FIT PROJECT CONSENT AWARD 2004
Employee:
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Classification:
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Usual Place Of Residence:
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I hereby acknowledge that I have received a copy of the
Consent Award.
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Signature:
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Date Of Issue:
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Employer:
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Name:
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I acknowledge further that I have read and understand the
contents thereof.
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Signature:
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Date:
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Our Goal is ZERO Injuries, Zero Defects
The Labour Council of New South Wales
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Australian Industry
Group
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and affiliated Unions
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New South Wales
Branch
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Newcastle Trades Hall Council
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and affiliated Unions
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WELCOME TO HYDRO
KURRI KURRI SMELTER UPGRADE AND RETRO-FIT PROGRAM CONSTRUCTION SITE
This Project Consent Award is the result of extensive
negotiations between Trade Unions affiliated with the Newcastle Trades Hall
Council and The Labor Council of New South Wales and the Australian Industry
Group, NSW Branch on behalf of all contractors.
The negotiations were conducted in an open and positive
manner. The conditions and rates of pay
contained herein have been developed with the aim of providing, for their
period of operation, a clear framework under which all concerned - contractors,
workers and their unions - can co-operate to ensure for a safe, productive and
healthy working environment.
There are advantages to be enjoyed and gained by all parties
strictly adhering to the terms of this important Project Consent Award.
Please read this Consent Award and the Site Rules together
with the Hydro General Site Safety Rules, which have been issued to you
separately.
All parties have conducted the negotiations in a responsible
manner with commitment and goodwill.
For the Project Consent Award to succeed, the same sense of
responsibility, commitment and goodwill is required of all persons engaged on
the site.
Compliance with the Project Consent Award will assist in
ensuring the safety of yourself and your workmates and that your engagement on
the site is satisfying and productive.
Our Goal is ZERO Injuries, Zero Defects
APPENDIX 1
TRAVEL AND/OR
LIVING AWAY FROM HOME DECLARATION
Name of Applicant:
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An Employee of:
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Name of Employer:
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make application to be classified as:
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Either:
A local worker
Or:
An itinerant worker - that is, defined as an employee with
no fixed address
Or:
A distant worker - that is, it is unreasonable for me to
return home each night
Either:
As a distant worker, I also make
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application for accommodation to
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One
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be provided for me free of charge
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Or:
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b.
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As a distant worker, I also
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make application for excess
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One
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fares and travelling time
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I, the applicant, have read the Project Consent Award
(including Clause 29) and understand my entitlements.
Signature of Applicant:
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Date:
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Recommendation by Employer
APPENDIX 2
SITE RULES
The Site Rules Are For Your Protection And Safety.
Adherence Is Mandatory For All Including Surf Project
Construction Project Staff, Employers And Employees Whilst On Site.
1. A breach of
the following will be considered serious and may lead to an official warning,
summary dismissal and/or legal action:
Reporting for work in an unfit Condition.
Possession or use of alcohol, drugs of addiction or
non-prescribed drugs on the site is strictly forbidden.
Committing any act of violence, fighting or horseplay.
Unauthorised removal from the site of Hydro Aluminium,
SURF Project Management, contractors' or another employee's property.
Wilful damage to Hydro Aluminium, SURF Project
Management, contractors' or other employees' property.
Breach of safety rules and regulations.
Illegal gambling.
Refusal of duty.
Sleeping on the job.
Breaches of site security procedures.
Transporting personnel in vehicles in breach of RTA
regulations.
Travelling in vehicles in breach of RTA regulations.
We want you to enjoy your employment on the site and to
achieve job satisfaction. Your
assistance in maintaining project performance and behaviour standards will help
make the site a safe place to work.
2. Bag and
Vehicle Inspections Leaving the Site
From time to time you may be requested to open your bag
and or vehicle for routine inspection by the Security Officers at the Plant
and/or Construction gate. You will be
expected to allow the inspection in the interests of overall security of Hydro
Aluminium, SURF Project Management, contractors and employee property.
Random bag and/or vehicle inspections apply to all
Hydro Aluminium, SURF Project Management and Contractors' staff and employees
and you should not feel that you have been treated differently from others.
3. Personal
Property
Whilst every effort is made to keep your property safe,
or Hydro Aluminium, SURF Project Management the contractors take no
responsibility for personal belongings left in crib huts, amenities or other
parts of the site.
4. Where to
park your Car
Parking is available in the site car park. Employees' personal cars are not permitted
on the site.
Please take care whilst using the car park to avoid
damage to your own or other vehicles.
Signs are provided to show directions and speed limits. (Low Speed / No
"Wheelies")
Always lock your vehicle whilst it is parked. Hydro
Aluminium, SURF Project Management and contractors will not accept liability
for theft of or from or damage to your vehicle whilst it is parked in the car
park.
5. Canvassing
Canvassing monies or goods for charity or other purpose
is not permitted on site, in the car park, or outside the plant gates without
written permission from SURF Project Management
6. Cameras
Cameras of any sort are not permitted on the plant or
site without prior written permission from Hydro Aluminium or SURF Project
Management.
7. Mobile Phones
and Audio Devices
Audio devices are permitted to be used in crib sheds
only. Mobile phones must not be used on
site whilst driving or operating any type of vehicle, plant and equipment.
8. Firearms
Firearms are not permitted on site under any
circumstances.
9. Animals
No animals are permitted on site.
10. Fire Fighting
Equipment
Any employee found to have misused fire extinguishers
or fire fighting equipment will be subject to summary dismissal.
11. Shirts and
Trousers
Proper long sleeved shirts in designated areas must be
worn at all times on site.
12. Plant Area
Employees are not permitted in the existing plant areas
without authorisation.
Hydro Aluminium or SURF Project Management reserves the
right to amend the Site Rules as deemed necessary during the duration of the
Consent Award of which this document forms part.
APPENDIX 3
INTERFACE
AGREEMENT
Following discussions between the Australian Industry Group
and, the Labor Council of New South Wales and the Newcastle Trades Hall
Council, on behalf of affiliate trade unions, it is agreed that during
construction activities for the expansion of the Hydro Aluminium SURF Project,
members of affiliate trade unions will not make any claims or take any action
on behalf of their members employed as maintenance or production workers at Hydro
Aluminium Smelter which would extend or allow construction wage rates or
conditions to flow to such employees.
The parties to this Interface Agreement expect normal
Smelter expansion / activity will continue uninterrupted (as will normal
industrial activities between Smelter management and affiliate trade unions,
namely the AMWU, AWU and CEPU), and remain separate from construction work.
APPENDIX 4
AUTHORITY TO OBTAIN FROM DIMA DETAILS OF
IMMIGRATION STATUS
I.
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(Family Name)
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(Given Names)
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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
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(Name of employer representative) details of my
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immigration status and entitlement to work legally in
Australia.
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This information will only be made available to a representative
of the Principal at the Hydro Aluminium SURF 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:
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Dated:
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Name of employer:
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Phone No.:
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Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: (02) 92584730
Fax: (02) 92584763
APPENDIX 5
INCLEMENT WEATHER
PROCEDURES
The Parties to the Consent Award acknowledge that the
Construction Project is not a "greenfields" site and involves the
construction of new plant facilities together with substantial upgrades to
sections of existing plant.
Accordingly, all Parties need to appreciate there may, from
time to time, be some difficulty implementing the Inclement Weather provisions
set out under Clause 27 of the Consent Award and the inclement weather
provisions set out under Clause 21 of the National Building and Construction
Industry Award in their entirety.
The Parties agree that employees cannot cease work or leave
the site without the permission of their employer, until the award provisions
have been observed.
The Parties agree that without Precedent, the Project
Construction Site is quite different to a traditional "greenfields"
site in a number of areas, particularly the fact that the Smelter continues to
operate during construction and in many cases, contractor access is determined
by the operational requirements dictated by the plant.
It is also agreed, without Precedent, that it is extremely
difficult to provide covered walkways to work locations throughout the plant
and within the various site amenity areas due to molten metal transport
requirements of the plant and the need to maintain open access for cranes and
mobile equipment within defined amenity and construction areas.
The Parties agree that an employee (other than an employee
working on a concrete pour or emergency work as set out above) shall not be
required to work in the rain.
The Parties believe that in extreme circumstances
"adequate protection" from rain may include the use of an umbrella or
raincoat or transport provided by the employer, to enable employees to reach
their amenities or dry work location.
The Parties are committed to a co-operative and flexible
approach to the application of inclement weather on the Construction Project.
In this regard, the Parties believe there may be occasions where work areas
should be assessed by the appropriate Project Safety Committee before a return
to work is effected.
The Parties further agree that all disputes concerning the
application of inclement weather be processed through the Consent Award Settlement
of Disputes Procedure (Clause 40) with resort to the Industrial Relations
Commission of New South Wales is necessary.
What is inclement weather?
Inclement weather generally means the existence of rain, hail,
snow, cold, high wind, severe dust storm and the like.
How is inclement weather determined?
The employer and employees or a group of employees generally
meet within 30 minutes of a claim to determine by agreement whether the
prevailing weather conditions are inclement or not.
What if the employer, or his / her representative refuses to
discuss the claim within a reasonable period up to 30 minutes?
If the employer or his / her representative refuses to
discuss the claim, the affected employees are entitled to cease work for the
rest of the day and be paid inclement weather.
Can employees working for the same employer and not affected
by inclement weather eg rain, continue working?
Yes. The inclement weather provisions will not apply to them
whilst they are working in an unaffected area.
Should a portion of the Project be affected by inclement
weather, can the employer transfer employees to another site location under
cover or not subject to inclement weather?
Yes, the award provisions allow the employer to transfer
employees to unaffected areas on this site.
What is the entitlement for Inclement Weather under the
Enterprise Agreement?
Unlike say the National Building and Construction Industry
Award 2000, (NBCIA) which provides a maximum of 32 hours inclement weather each
four weekly cycle, the Project Consent Award provides unlimited inclement
weather because all full time employees are employed on weekly hire, compared
to daily hire under the NBCIA.
What about a concrete pour?
The NBCIA provides some exceptions to working in the rain
where a concrete pour has already commenced. Affected employees must be
provided with adequate wet weather gear to work the pour to a "practical
stage". Such work is paid at double time calculated to the next hour. If
an employee working on the concrete pour gets wet and a set of dry work clothes
is not available, he / she is allowed to go home without loss of pay.
What about emergency work?
The "wet pour" provisions outlined above also apply
in the case of emergency work where the delegate and employees concerned agree
that the work is of an emergency nature and is safe to proceed.
What do we need to do when the employer and employees agree
that weather conditions are inclement?
Employees and the employer should agree and note the time
work ceased and resumed.
If it is raining at 7:00 am, how long do I have to stay in
the crib shed before I can go home?
Employees are required to remain on site for four hours
until 11:00 am.
What if it rains during the scheduled lunch break between
12:00 noon and 12:30 pm?
In this case, the employee is required to stay in the crib
shed for 50% of the remaining afternoon work. i.e., if ordinary hours cease at
3:30 pm, the affected employee is entitled to go home at 2:00 pm if it is still
raining.
What if it rains between 1:30 pm and the end of ordinary
time at 3:30 pm?
Employees are obliged to remain on site in the crib shed for
no more than one hour before being entitled to go home.
What happens if it is raining at start time or at morning
tea or lunch time?
The NBCIA states that employees are not required to go to
work in a dry area, or be transferred to another site unless the rain stops,
there is a covered walkway, the sheds are undercover in say a building and
employees can get to their work area without going through the rain or,
adequate protection is provided to the employee and where necessary, his/her
tools.
APPENDIX 6
PRE-PROJECT WORK
The Parties to the Hydro Aluminium Smelter Upgrade and
Retro-Fit Project Enterprise Agreement 2004 have agreed that back pay will be
applied in accordance with an agreement reached on 17 February 2004 as follows:
"All employees who have worked on the Project between 1
June 2003 and 15 March 2004, the operative date of the Project Consent Award,
shall be entitled to back pay calculated on the basis of $100 for each
completed full week (Monday to Friday) worked on the Project. Pro-rata payments
shall apply where less than a full week (Monday to Friday) has been worked, on
the basis of $20 per day".
Neither Hydro Aluminium nor contractors engaged on the SURF
Project Shall recognize any claims made for back pay made after 30 June 2004.
J. N. REDMAN, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.