ST VINCENT'S HOSPITAL REDEVELOPMENT NEW XAVIER BUILDING PROJECT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Employers' Federation of New South Wales, industrial organisation of employers.
(No. IRC5718 of 2001)
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Before the Honourable
Justice Walton, Vice-President
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14 March 2001
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AWARD
Contents
Clause No. Subject Matter
1. Preamble
2. Objectives
3. Title
4. Parties
5. Application
of Project Award
6. No Extra
Claims
7. Period of
Operation
8. Application
8.1 Enterprise
Agreements
8.2 Parent
Awards
8.3 NSW
Government’s Code of Practice
9. Monitoring
Committee
10. Inductions
11. Amenities
12. Clothing
12.1 Safety
Footwear
12.2 Work
Clothing
12.3 Jackets
12.4 Equivalent
Clothing
13. Productivity
Improvements
13.1 Meal Breaks
13.2 Hours of
Work
13.3 Rostered
Days Off
13.4 Site Access
13.5 Inclement
Weather
13.6 Effective
Use of Resources
13.7 Best
Practice
14. Performance
Payment
15. Safety
Dispute Settling Procedures
16. Hours of
Work
16.1 Ordinary
Hours of Work
16.2
Implementation of 38 Hour Week
17. Workers’
Compensation
18. Long
Service Compliance
19. Worker’s
Compensation Top-up Cover and 24 hour accident cover
20. Superannuation
21. Redundancy
22. Delegates
23. Compliance
with Award and Statutory requirements
24. Industry
Convention
25. Immigration
Compliance
26. Anti-Discrimination
27. Personal/Carer’s
Leave
28. Union
Right of Entry
29. Dispute
Settlement Procedures
29.1 Industrial
29.2
Subcontractor
29.3 Project
29.4 Award
29.5 Demarcation
Disputes
30. Not a
Precedent
Signature Pages
Annexure A - Classifications Covered by this Project Award
1. Preamble
This Project Award has been reached between Leighton Contractors
Pty Limited ("Leighton") and the Labor Council of NSW, on behalf of
the Unions named herein and their members, and shall operate on and from the
date construction work commenced on this Project.
This Project Award governs particular terms and conditions
of employment for employees working on-site at the St Vincent’s Hospital
Redevelopment.
The terms and conditions of this Project Award are to
operate in conjunction with subcontractor’s enterprise agreements, and the
rights and obligations of subcontractors, and employees under awards (listed in
Annexure A) and agreements.
2. Objectives
The primary objective of this Project Award is to provide a
frame-work for Leighton and its subcontractors to manage the project so as to
achieve project milestones as set out herein, in compliance with the NSW
Governments Code of Practice and Leightons contractual obligations.
Additional objectives of this Project Award are:
1. To provide a
framework for Leighton and its sub-contractors to manage those issues on the
project which affect or may affect more than one sub-contractor.
2. To improve
productivity by initiatives aimed at:
a) communication,
consultation and relationships between employer, employees and unions;
b) health and
safety;
c) training and
skill formation; and
d) flexible
workplace practices.
3. To provide
good wages and conditions to all employees engaged on the project.
4. To ensure
that subcontractors comply with the provisions of this Award, applicable awards
and/or enterprise agreements and legislative requirements.
5. To promote
and implement improved work methods and productivity.
6. To complete
the Project on time or earlier to quality requirements, and within budget.
7. To adopt a
co-operative and non-adversarial approach to all industrial relations issues.
8. To assist in
developing a harmonious relationship between Leighton, Sub-Contractors, Unions
and employees in respect of this Project.
9. To enhance
occupational health and safety practices.
3. Title
This Project Award shall be known as the St Vincent’s
Hospital Redevelopment New Xavier Building Project Award ("this Award").
4. Parties
The parties to this Project Award are:
Leighton Contractors Pty Limited
and the
Labor Council of NSW
on behalf of the Unions
Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Branch; The Electrical Trades Union of
Australia, New South Wales Branch; The Communications Electrical Electronic
Energy Information Postal Plumbing and Allied Services Union, Plumbing
Division; Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union, New South Wales Branch; Transport Workers Union, New South
Wales Branch.
5. Application
of Project Award
This Project Award shall apply to all on-site construction
work on the St Vincent’s Hospital Redevelopment New Xavier Building
Contract. This Award does not apply to
off-site or purely incidental activities such as delivery of materials to site.
The parties shall neither lodge a claim for a flow-on of any
term or condition of this Award to the off-site employees of the contractor, or
subcontractors, or other contractors, nor use any term or condition of this
Award as a precedent on any other Leighton project. This Award does not apply to persons entering the site to
deliver, unload or to pick up goods and materials or to service equipment and
to any other maintenance or construction work being carried out by others not
under Leightons Contract.
Any disputes concerning the application of this Award shall
be resolved in accordance with clause 29 of this Award.
6. No Extra
Claims
The parties shall not make any extra claims in respect of
matters covered in this Award for the duration of this Award.
7. Period of Operation
This Award shall operate on and from the 24 November 2000
until 30 April 2002 or the completion of work on the Project which ever occurs
last.
8. Application
8.1 Enterprise
Agreements
Leighton and each sub-contractor will utilise their existing
Enterprise Agreement on the Project.
It is the intention of the parties that the terms and
conditions of this Project Award supersede the terms and conditions of any
applicable state award/s to the extent of any inconsistency between the terms
and conditions of the Project Award and any such awards. Such suppression is strictly limited to
engagement of employees and/or employers performing work on the Project, and to
the periods of operation of the Project.
This Project Award shall not operate so as to reduce the total
entitlements of any employee with respect to their existing wages and
conditions.
A. Parent Awards
This Project Award is generally intended to supplement and
co-exist within the terms of existing enterprise agreements and awards and its
primary purpose is to provide a framework for Leighton, it’s Sub-Contractors,
Labor Council and the relevant Unions, to manage those issues on the Project
which affect more than one Employer.
This Project Award shall apply to all employees engaged to
perform construction or related work on the project who are covered - or able
to be covered - by the classifications within the awards listed in Annexure A
of this Project Award, and to all Unions named in Clause 4, and to all
employers of such employees who perform work on the project.
Where the terms of the Project Award are silent, the terms
and conditions of any applicable award or enterprise agreement shall apply.
1. NSW
Government Code of Practice
The Parties each undertake to actively promote
compliance with the provisions of the NSW Government Code of Practice and the
NSW Government Code of Tendering for the Construction Industry.
9. Monitoring Committee
The parties shall establish a Monitoring Committee ("The
Committee") for the purpose of resolving issues that may arise in the
application of this Award.
The Monitoring Committees members shall be nominated by and
represent Leighton and the subcontractors, the Labor Council of NSW and the
Unions. The committee will have 5
members, 2 appointed by Leighton and representing Leighton and its sub-contractors,
and 2 appointed by and representing the Unions and their members, and 1
appointed by and representing the Labor Council of NSW.
The representative of the Labor Council of NSW shall be
delegated Chairperson, and be responsible for calling meetings, issuing agendas
and taking minutes.
The Monitoring Committee may meet monthly, or more regularly
if required.
The Monitoring Committee may invite other persons including
representatives of the NSW Government Construction Policy Steering Committee to
attend its meetings.
10. Inductions
10.1 All employees
entering the site must have undergone;
(a) General
Industry Induction Training;
(b) Work
Activity Induction Training; and
(c) Site
Specific Induction Training.
10.2 Evidence of the
completion of the General Industry Induction Training and the Work Activity
Induction Training must be presented to Leighton Contractors Pty Limited prior
to any employee commencing work on site.
10.3 Each employee
will receive a site induction card after completing the Site Specific Induction
Training and access to the Project site will only be granted to an employee who
exhibits the issued site induction card.
However, in the case of a lost card, an employee's identity will be
confirmed prior to any issue of a temporary site induction card and ultimately
a replacement card.
Each employee's site induction card must be carried by
the employee whilst engaged on the Project and is not transferable under any
circumstances to any other person.
Due to the proximity of the operating hospital it is a
requirement that all persons on the site have their photo on the site
identification card.
These procedures are intended to substantially improve
the security on the Project and have a positive impact on the level of safety
provided to employees on the Project.
Any costs associated with the inductions shall be borne
by each employer of the employee other than authorised union officials.
11. Amenities
Amenities on the project shall comply with the standards
laid down in the relevant Award(s), Codes of Practice, Australian Standards and
Legislation.
12. Clothing
Employers will provide their employees with the following
items of clothing provided that if an employer has obligations to provide
clothing under an award or enterprise agreement of an equivalent standard then
such employer will not be bound by the terms of this clause.
12.1 Safety Footwear
Appropriate safety footwear will be issued upon
commencement of work on the Project and will be replaced on a fair wear and
tear basis thereafter provided they are produced to the employer for
inspection.
12.2 Work
Clothing: Trousers and Shirts, or Bib and Brace Overalls and Shirts, or
Combination Overalls
Dependent upon the appropriate trade 2 sets of either
of the above will be provided after accumulated employment on the Project by an
employee of 152 hours and will be replaced twice per calendar year or as a
result of fair wear and tear provided they are produced to the employer for
inspection.
12.3 Jackets
Each employee, after accumulated employment on the
Project of 152 hours shall be eligible to be issued with one (1) Australian
made warm bluey jacket or lined woollen jacket or equivalent, which will be
replaced once per calendar year or by fair wear and tear.
The type of jacket issued to an employee will be
determined by the nature of work performed to ensure that the jacket is not
unsafe for the work performed by each employee.
12.4 Equivalent
Clothing
Where documented evidence can be shown that the
equivalent clothing referred to in (12.1), (12.2) and (12.3) above has been
supplied by the employer within the last three (3) month period, then the above
will not apply.
13. Productivity Improvements
A prerequisite for completing the project on or before time
is that the time available for productive work be maximised; and, in turn, the
maximisation of time requires flexibility in programming the works. To this end, unions, Leighton and
subcontractors shall co-operate to achieve such flexibility in areas specified,
but not necessarily limited to, those over.
13.1 Meal Breaks
Meal breaks may be staggered so as to maintain
production during the day.
The staggering of meal breaks shall be sought by
agreement between the contractor or subcontractor with its employees/union
delegate(s).
There will be no unreasonable interruption to the
comfort of employees during meal breaks and all sheds will be maintained in a
clean and hygienic condition at all times.
13.2 Hours of Work
Ordinary hours of work shall take place between 6.00am
and 6.00pm.
However, by agreement between the parties, the starting
time for ordinary hours of work may be extended to 5.00am.
13.3 Rostered Days
Off
Rostered Days Off ("RDO’s") may be staggered
and banked so as to maintain production during crucial stages of the
construction programme.
Each company will maintain records which will be made
available for inspection by the relevant union representative. These records must detail RDO’s and accrued
RDO entitlements for each employee. All
such details will also be recorded on employee pay slips.
Agreement on the staggering and banking of RDO’s shall
be sought by the subcontractor with its employees/union delegate(s).
Where agreement is reached between the subcontractor
and its employees/union delegate(s), and an alternative day is substituted for
the scheduled RDO, the scheduled RDO shall be regarded as an ordinary working
day.
Subject to future agreement(s) between the parties, a
minium of five RDO’s may be banked during any twelve (12) month period.
Where an employee has banked their full entitlements of
"Banked RDO’s" in accordance with their enterprise agreement
provisions, then that employee will be required to take off all subsequent
scheduled RDO’s in the current 12 month period until such time that the
employee reduces their "Banked RDO" entitlements.
It is acknowledged that different arrangements in
relation to the banking of RDO’s may apply to members of the CEPU.
13.4 Site Access
Safe means of access and egress to all construction
areas will be maintained on the Project to enable all employees to get to and
from work areas without delay.
13.5 Inclement
Weather
The parties are committed to minimising lost time due
to inclement weather, and ensuring that no employee works in an unsafe area or
uses an unsafe work method. To this
end, the parties shall adopt a reasonable approach to what constitutes
inclement weather, and comply with the following procedures for work to
continue during periods of inclement weather:
a) where an area
of the project is affected by inclement weather, all the employees in areas not
affected by inclement weather shall continue working, regardless of the fact
that employees in the areas affected by inclement weather may not be employed
in productive work;
b) employees in
an area affected by inclement weather shall accept transfer to an area, or
site, not affected by inclement weather if, in the opinion of the parties,
productive work is available in that area, or site, and that work is within the
scope of the employees skill, competence and training.
c) where it is
not possible to transfer employees to non affected areas, or where there is no
productive work in the non affected areas, non-productive time may be used for
activities such as training, planning and re-programming of the project. Training provided is to be accredited
training relating to the employees trade or calling. Workers will not be
unnecessarily held on the project.
Any dispute(s) concerning application of this inclement
weather procedure shall be referred to the monitoring committee for resolution.
Nothing in the above procedure shall override the
rights of the Safety Committee under Clause 23 of the Occupational Health
and Safety Act 1983.
13.6 Effective Use
of Resources
The parties to this Award agree to maximise the use of
resources to meet key program dates and smooth production flows.
13.7 Best Practice
The parties agree that Best Practice is simply the best
way of doing things. It is a process of
constantly changing and adapting to new procedures and work methods. Best Practices are not fixed. At any particular point in time, it is the
method of operation to achieve exemplary levels of performance. Best Practice is not restricted to an
examination of cost, but also includes quality and timely completion of work in
a safe and efficient manner.
a) The Project’s
Best Practice includes:
• Understanding
and measuring Client needs;
• Skill
enhancement of the workforce;
• Flexible
workforce, committed to change;
• Employee
involvement;
• Provision of
healthy and safe working environment and work practices;
• The
achievement of excellence through continuous improvement.
b) This Award and
Best Practice should result in expected benefits, viz:
• The Project
being regarded as a Superior Class facility, providing well paid, satisfying
jobs in a safe and healthy work environment.
• The
construction program being completed in a timely manner which allows for the
most efficient sequence of operation and utilisation of resources.
• Reduction in
errors and defects through the application of quality systems and effective
planning, scheduling and information flow.
• Reduced cost
inputs through more efficient use of personnel and equipment resources.
• No lost time
due to industrial disputation.
14. Performance Payment
Introduction
A performance payment linked to works completed against the
construction program shall apply to the Project.
The performance payment shall relate to achievements for
works completed to Targets and Project Milestones.
The Completion to Targets and Project Milestones Payment
shall be calculated and paid as follows:
• the parties
to this Award shall establish monthly Targets and review dates with reference
to the Project Milestones.
• the monthly
reviews will certify the achievement of Targets for the purpose of entitlement
to the payment for works completed.
• the payment
shall be $ 2.00 per hour paid for each hour of time worked on and from the date
of commencement each employee commenced work on the Project.
• payment
shall be made as part of their weekly wages.
• payment
shall be made progressively in the normal weekly wages.
• payment is
not subject to CPI.
In the event that a monthly Target is not achieved, the
Monitoring Committee shall meet to determine:
• the reason
why the Target was not achieved.
• the action
required to catch up to the Target.
• if payment
shall continue for the coming month.
• however, if
in spite of the parties best efforts, a Target is not achieved for two
consecutive months and there are no extenuating circumstances then the Monitoring
Committee shall meet to discuss why that Target has not been achieved and how
best time can be made up to ensure Targets are achieved.
• payment shall
be calculated on an hours worked basis only, and shall not include any
calculation of award or other entitlements.
This payment does not attract any penalty or premium.
The Project Milestone Dates Are:
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ST VINCENT’S HOSPITAL BUILDING MILESTONES
Assessment Of Progress
|
DATE
Monthly
|
|
Milestone 1
|
Structural Steel Loading Dock
|
15 September 2000
|
|
Milestone 2
|
Lift Motor room in Private
|
15 January 2001
|
|
Milestone 3
|
Plantroom Roof Public
|
15 July 2001
|
|
Milestone 4
|
Private Hospital Complete
|
31 October 2001
|
|
Milestone 5
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Public Hospital Complete
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15 March 2002
|
|
Milestone 6
|
Refurbishment Complete
|
10 April 2002
|
• if a Project
Milestone Date is not achieved and there are no extenuating circumstance(s)
acceptable to the Monitoring Committee, then no payment will be made against
achievement of that Milestone.
• if in the
following period(s) work catches up to allow achievement of the subsequent
Project Milestone(s) then a payment shall be made and shall include payment(s)
for the preceding Project Milestone.
• the parties
agree that the Leighton Project Manager, in conjunction with the Monitoring
Committee shall determine if the identified Milestones for the Project have
been achieved.
|
PAYMENT
APPLICATION OF THE PERFORMANCE
PAYMENT PAYABLE
TO EMPLOYEES
|
|
TYPE OF WORK AND
STATUS
OF ENGAGEMENT
|
PERFORMANCE
PAYMENT APPLICATION
|
|
Normal Work
|
Applies
|
|
Sick Leave
|
Does not apply
|
|
Annual Leave
|
Does not apply
|
|
Public Holidays
|
Does not apply
|
|
Rostered Days Off
|
Applies
|
|
Workers Compensation
|
Does not apply
|
|
Training on-site
|
Applies
|
|
Jury Duty
|
Does not apply
|
|
Bereavement Leave
|
Does not apply
|
|
Inclement Weather Off Site
|
Does not apply
|
|
Inclement Weather On Site
|
Applies
|
|
Unauthorised Stoppages
|
Does not apply
|
|
Any other paid downtime
|
Does not apply
|
15. Safety Dispute
Settling Procedures
No employee will be required to work in or on an unsafe area
or process on the Project. Where a
safety problem has been identified by the safety committee which prevents work
from occurring in any area, work shall cease in the immediate affected area
only. Priority will be given to
rectifying unsafe access areas. If any
access areas are unsafe, employees will use alternative safe access.
Should a safety dispute arise over whether one or more work
areas are safe or not, the following procedures shall apply:
(a) Employees
shall not leave the Project unless directed to do so by their Employer in the
event of an emergency;
(b) Immediate
inspection of the affected work areas will be carried out by both Leighton and
employee representatives of the safety committee;
(c) Leighton will
select the sequence of inspections of areas;
(d) The inspection
shall identify the safety rectification work required in each area;
(e) As safety
rectification work is agreed for each area, all relevant employees shall
immediately commence such rectification works;
(f) Upon
verification that such rectification has been completed, normal work will
resume progressively in each area;
(g) Should any
dispute arise as to the rectification work required to any area, then Leighton
will immediately call the designated WorkCover Authority inspector to recommend
the rectification work. The NSW Government Code of Practice for the
Construction Industry Occupational Health and Safety Disputes provisions
contained in 6.3 of the Code shall apply;
Nothing in this clause shall negate or contradict any
rights and or obligations under the Occupational Health and Safety Act.
16. Hours of Work
A. Ordinary
Hours of Work
The ordinary hours of work shall be based in an average of
38 hours per week, to be worked between the hours of 6am to 6pm, Monday to
Friday. The ordinary hours of work
shall not exceed 8 hours on any one-day.
B.
Implementation of 38 Hour Week
16.2.1 Rostered Days
Off (RDO’s) may be taken on a day agreed by an employee and employer or 19 days
before or after the designated industry RDO.
Where an employee elects he/she may bank a minium of five (5) RDOs in a
twelve-month period. The weekly pay
slip of an employee shall record accumulated RDO entitlements.
1. Substitute
Days - The flexibility for taking substitute Rostered Days Off (RDO’s) shall be
in accordance with the provisions outlined in clause 13.3 of this Award.
17. Workers’
Compensation
Leighton and subcontractors must ensure that all persons
engaged to work on the project are covered by adequate levels of workers’
compensation insurance.
Leighton will audit Certificates of Currency from each
subcontractor engaged on site to ensure that the wages estimate and tariff
declared for the type of work undertaken is correct. This information will be available to accredited Union officials
on request.
·
Leighton and subcontractors shall keep a register of
injuries/site accident book in a readily accessible place on site;
·
All employees must enter in the register any injury
received by the employee. The
contractor/subcontractor must be notified of all injuries on site immediately;
·
An employer who receives a claim for compensation, must
within seven (7) days of receipt, forward the claim or documentation, to their
insurer;
·
An employer who receives a request from their insurer
for further specified information must within seven (7) days after receipt of
the request, furnish the insurer with the information as is in the possession
of the employer or reasonable obtained by the employer;
·
An employer who has received compensation money from an
insurer shall as soon as practicable pay the money to the person entitled to
the compensation.
18. Long Service Compliance
If applicable, in accordance with the NSW Building and
Construction Industry Long Service Leave Act, no employee will be engaged
on site unless he or she is a worker registered under the relevant long service
leave legislation. All subcontractors
(if applicable) engaged on site will be registered as employers in accordance
with the NSW Building and Construction Industry Long Service Payments Act and
will strictly comply with their obligations.
All Employers shall provide documentary evidence from the
Long Service Payments Corporation to Leighton where applicable.
19. Workers' Compensation
Top-Up Cover and 24 Hour Accident Cover
Only to the extent that such cover is not otherwise
available to an employee, Leighton shall effect with a company of its choice
both top-up insurance and 24 hour accident cover. Benefits afforded by such cover shall be equivalent to the
benefits provided by Coverforce Insurance Administrators Pty Ltd (ACN 067 079
261) under the company's Coverforce Top-Up Accident Scheme. Leighton shall have the discretion at any
time to effect the policy with any company provided that the policy allows for
equivalent benefits. An additional
$25,000.00 outside of working hours accidental death cover will be provided in
addition to death cover already provided by CTAS.
20. Superannuation
Each employer shall comply with its award, or enterprise
agreement and legislative obligations in respect of superannuation, except that
the minium weekly contribution for all employees shall be $75.00 per week on
and from the date of commencement on site and is subject to the Consumer Price
Index (all capital cities) adjustment each 6 months commencing from 1st July
2000.
21. Redundancy
Each employer shall comply with its award obligations or
enterprise agreement provisions in respect of redundancy, except that the
minium weekly contribution for all employees on and from date of commencement
on site shall be $56.00 per week and is subject to the Consumer Price Index
(all capital cities) adjustment each 6 months commencing from 1st July 2000.
22. Delegates
Site delegates of the respective unions will be accepted by
the Project Manager, the Contractors and their Subcontractors. The names of delegates should be advised to
the Project Manager. Delegates will be
given appropriate time and facilities to assist them in their duties. Delegates will be given the opportunity for
relevant paid trade union training and time to attend union meetings authorised
by the Secretary of the relevant union.
Any costs associated with the implementation of the provisions in this
Clause shall be paid by each Employer.
23. Compliance With
Award and Statutory Requirements
All Employers shall comply with their obligations under this
Award, any enterprise agreement, applicable award(s) and legislation.
Further, arrangements or practices designed to avoid award
and legislative obligations, such as cash in hand, sham subcontractor
arrangements and all in payment systems shall not be allowed on the project nor
will inappropriate adoption of ABN and PPS arrangements (refer to the NSW
Government Code).
In consultation with the authorised union official, Leighton
will establish a mechanism to ensure that the requirements of this Award are
met.
24. Industry Convention
The Parties are aware of the convention of some Employers
making payments or providing conditions to their employees in excess of the
relevant awards or enterprise agreement by private treaty for incentive
purposes or for the purpose of attracting labour.
The Parties agree they will not seek to change the terms of
this Award as a result of a private treaty as described above nor will they
seek redress from any employer.
25. Immigration
Compliance
The Parties are committed to compliance with Australian
immigration laws so as to ensure maximum work opportunities for unemployed
Australian citizens and permanent residents.
Subcontractors will be advised by Leighton of the importance of
immigration compliance. Where there is
concern that illegal immigrants are being engaged by a subcontractor on the
project, the principal contractor will act decisively to ensure compliance.
26. Anti-Discrimination
26.1. It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
ground of race, sex, marital status, disability, homosexuality, transgender
identity and age.
26.2. It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects.
26.3. Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
26.4. Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practise of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
26.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
27. Personal/Carer’s
Leave
27.1. 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) of this subclause, who
needs the employee's care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement for absences
to provide care and support for such persons when they are ill. Such leave may
be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, the
employee must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step- child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
(i) "relative"
means a person related by blood, marriage or affinity;
(ii) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and their
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.
27.2 Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (27.1) of this clause who is
ill.
27.3 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 to by
the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
27.4 Time Off in
Lieu of Payment for Overtime
(a) For the
purpose only of providing care and support for a person in accordance with
subclause (27.1) of this clause, the following provisions shall apply:
(b) 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.
(c) 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.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
27.5 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 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.
27.6 Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union, which is both party to the
award and which has members employed at the particular enterprise, of its
intention to introduce an enterprise system of RDO flexibility and providing a
reasonable opportunity for the union(s) to participate in negotiations.
28. Union Right of
Entry
Union officials with powers of entry under either Federal or
State legislation shall report to the Leighton Project Manager’s site office
upon arrival and before proceeding onto the Project.
29. Dispute Settlement
Procedures
29.1 Industrial
The Parties shall use their best endeavours to prevent
industrial disputes arising on the project.
In the event that an industrial dispute does arise, the
parties shall use their best endeavours to resolve the dispute by adopting the
following dispute settlement procedures.
While the dispute is being resolved, work shall
continue in accordance with the status quo prior to the dispute, but no party
shall be prejudiced as to final settlement of the dispute by the continuance of
work pursuant to this subclause.
29.2 Subcontractor
In the event of a dispute involving an individual
subcontractor and its employees, the parties to the dispute shall adopt the
following procedure:
Step 1
At first instance the employee(s) shall raise any
grievances with the supervisor and the union delegate.
Step 2
If after Step 1 the dispute remains unresolved, the
union delegate and the project manager shall confer with the subcontractor’s
on-site manager in an attempt to resolve the dispute.
Step 3
If after Step 2 the dispute remains unresolved, the
union delegate and the project manager shall refer the dispute to the project’s
Monitoring Committee for resolution.
Step 4
If after Step 3 the dispute remains unresolved, the
subcontractor and/or the union shall notify either the Industrial Relations
Commission of NSW ("IRCNSW") or the Australian Industrial Relations
Commission ("AIRC") of a dispute.
The IRC NSW’s or the AIRC’s decision shall be binding
on all parties, subject to the parties’ right of appeal.
29.3 Project
In the event of a dispute involving Leighton, all
subcontractors and their employees, the parties to the dispute shall adopt the
following procedure:
Step 1
At first instance the employee(s) shall raise any
grievances with the supervisor and/or union delegate.
Step 2
If after Step 1 the dispute remains unresolved, the
union delegates and the site managers of each subcontractors involved in the
dispute shall confer with the Leighton Project Manager for assistance to
resolve the dispute.
Step 3
If after Step 2 the dispute remains unresolved, the
union delegates and the Leighton Project Manager shall refer the dispute to the
project’s Monitoring Committee for resolution.
Step 4
If after Step 3 the dispute remains unresolved,
Leighton or the union(s) shall notify either the IRCNSW or the AIRC of a
dispute. The IRCNSW or the AIRC’s
decision shall be binding on all parties, subject to the parties right of
appeal.
29.4 Award
In the event of a dispute over this Award other than
inclement weather, the Parties shall adopt Steps 1, 2 and 3 of the "project"
dispute settlement procedures.
If the Monitoring Committee cannot resolve the dispute,
the Monitoring Committee shall refer the dispute to the Parties for resolution.
If the Parties cannot resolve the dispute, the Parties
shall refer the dispute to either the IRCNSW or the AIRC for determination;
and, in referring the dispute, the Parties shall seek to have the matter dealt
with by a senior member of that Commission.
The Parties agree that a 7 day cooling off period shall
if necessary, apply to any dispute which occurs on the project.
The IRC NSW’s or the AIRC’s decision shall be binding
on all Parties, subject to the Parties’ rights of appeal.
29.5 Demarcation
Disputes
In the event that a demarcation dispute arises and the
dispute cannot be resolved between two or more Unions over coverage of any
particular item of work, then the Unions agree to resolve the dispute in a
timely manner strictly in accordance with the following procedures:
a) ensure that no
stoppage of work or other forms of industrial action occur;
b) notify the
Labor Council of NSW of the demarcation dispute. The Labor Council of NSW will participate in any discussions or
meetings convened to try to reconcile the relevant Unions or members.
c) all Parties to
this Award reserve their right to submit matters in dispute to either the IRC
NSW or the AIRC for determination.
Not withstanding anything in this clause the status quo
prior to the dispute shall prevail and work shall continue while the dispute is
resolved.
Parties to this Award agree to abide by the terms of
the Demarcation Agreements which exist between the Unions.
30. Not a Precedent
The parties to this Award will not use this Award as
precedent on any other project.
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SIGNED for and on behalf of
LEIGHTON CONTRACTORS PTY LIMITED
in the presence of
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SIGNED for and on behalf of
THE LABOR COUNCIL OF NSW
in the presence of
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SIGNED for and on behalf of
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
CONSTRUCTION AND GENERAL DIVISION NSW BRANCH
in the presence of
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SIGNED for and on behalf of
THE ELECTRICAL TRADES UNION OF AUSTRALIA NEW SOUTH WALES
BRANCH
in the presence of
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SIGNED for and on behalf of
THE TRANSPORT WORKERS’ UNION OF AUSTRALIA NEW SOUTH WALES
BRANCH
in the presence of
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SIGNED for and on behalf of
THE COMMUNICATIONS ELECTRICAL ELECTRONIC ENERGY
INFORMATION POSTAL PLUMBING AND ALLIED SERVICES UNION, PLUMBING DIVISION.
In the presence of
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SIGNED for and on behalf of
AUTOMOTIVE, FOODS, METALS, ENGINEERING, PRINTING &
KINDRED INDUSTRIES UNION NEW SOUTH WALES BRANCH
in the presence of
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Annexure A
Classifications Covered by this PROJECT AWARD
Those classifications covered by the following Awards:
Federal Awards
• National
Building and Construction Industry Award 1990.
• National
Metal and Engineering On-Site Construction Industry Award 1989.
• Plumbing
Industry (New South Wales) Award 1983.
• Sprinkler
Pipe Fitters Award 1975.
State Awards
• General
Construction and Maintenance, Civil and Mechanical Engineering (State) Award.
• Building
and Construction Industry Labourers’ On-Site (State) Award.
• Building
Tradesmen (State) Construction Award.
• Electrical
Contracting Industry (State) Award.
• Plant,
Operators on Construction (State) Award.
• Plumber and
Gasfitters (State) Award.
• Landscape
Gardeners on Building and General Construction and Maintenance, Civil and
Mechanical Engineering (State) Award.
• Transport
Industry - Interim State Award, and applicable NSW Determinations.
• Metal and
Engineering Industry (NSW Interim Award).
M. J. WALTON J,
Vice-President.
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Printed by the authority of the Industrial Registrar.