PEABODY RESOURCES LIMITED
SITE CONSENT AWARD 2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Employers'
Federation of New South Wales, industrial organisation of employers.
(No. IRC 1205 of 2000)
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Before Commissioner
Redman
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12 April 2000
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AWARD
1. Title
This Award shall be known as the Peabody Resources Limited
Site Consent Award 2000.
2. Preamble
This Award is made between the Labor Council of New South
Wales and Affiliated Unions as set out herein and The Employers' Federation of
New South Wales on behalf of contractors and sub-contractors engaged on surface
construction work at any location managed by Peabody Resources Limited in the
Singleton North West Hunter District and Muswellbrook, and shall be known as
the Peabody Resources Limited Site Consent Award 2000.
Those unions are:
The Australian Workers Union Newcastle, Central Coast
and Northern Region Branch
The Construction, Forestry, Mining and Energy Union
(Construction and General Division) NSW Branch
The Australian Manufacturing Workers Union, New South
Wales Branch
The Electrical Trades Union of Australia, New South
Wales Branch
The New South Wales Plumbers and Gasfitters Employees'
Union; and
The Transport Workers' Union of Australia, New South
Wales Branch
WHEREAS the Labor Council and affiliated unions and the
Employers' Federation of New South Wales have mutually agreed that the wages
and conditions of employment of members of the affiliated unions engaged on
construction work as specified above shall be as set out herein and that this
Award shall be embodied in a Consent Award as follows:
3. Arrangement
This Award is arranged as follows:
Clause
1. Title
2. Preamble
3. Arrangement
4. Period Of
Operation
5. Intent
6. No Extra Claims
7. Application Of
Awards
8. Wage Rates
9. Definition Of
Wage Rates & Groupings
10. Tool Allowance
11. Apprentices
12. Allowances
13. Industry
Convention
14. Induction
15. Protective
Clothing
16. On Site Register
17. Weekly Hire
18. Inclement
Weather
19. Hours Of Work
20. Sick Leave
21. Annual Leave
22. Annual Leave
Loading
23. Long Service
Leave
24. Public Holidays
25. Dispute
Procedures
26. Demarcation
Disputes
27. General
28. Union Membership
29. Superannuation
30. Meetings Of
Employees To Discuss Award & Related Issues
31. Meal Allowance
32. Amenities
33. Workers
Compensation
34. Top Up Accident
Cover
35. Death &
Permanent Disability Insurance
36. Termination Pay
37. Job Delegates
38. Caravan Site
39. Living Away -
Distant Work
40. Safety &
First Aid
41. Drug &
Alcohol Policies
42. Electricians
Licence
43. Visiting Union
Officials
44. Unions Not Party
To This Award
45. Non-Reduction
46. Limitation
47. Anti-Discrimination
4. Period of
Operation
This award rescinds and replaces the Peabody Resources Limited
Site Consent Award 1998 published 15 October 1999 (311 I.G. 512).
This Award shall operate from 22 March 2000 and remain in
force until 31 December 2001.
5. Intent
This Award shall stand on its own and shall not be affected
by outside wage or condition movements.
No alteration to this Award shall be made during its period of operation
other than by mutual agreement of the parties or determination pursuant to
Clause 25 Disputes Procedures.
6. No Extra Claims
It is a term of this Award that the Unions undertake not to
pursue any extra claims, award or over-award and there shall be no adjustments
for the term of this Award.
7. Application of
Awards
The rates of pay and conditions of employment prescribed by
or under the appropriate Federal or State Awards shall apply unless such rates
and/or conditions are less favourable than those prescribed by this Award.
Where this Award is silent the relevant Federal or State Award provision shall
apply.
8. Wage Rates
All employees, members of the Unions party to this Award,
shall be classified in accordance with the following groups and shall be paid
the appropriate all-purpose weekly wage rate assigned hereto:
8.1. On and from 1
January 2000:-
Group AB - $793.58
Group A - $756.97
Group B - $734.99
Group C - $720.34
Group D - $691.06
Group E - $669.08
8.2 On and from 30
June 2000:-
Group AB - $812.80
Group A - $775.27
Group B - $752.74
Group C - $737.73
Group D - $707.71
Group E - $685.18
8.3 On and from 1
January 2001:-
Group AB - $832.50
Group A - $794.03
Group B - $770.94
Group C - $755.55
Group D - $724.78
Group E - $701.69
8.4 On and from 30
June 2001:-
Group AB - $852.71
Group A - $813.28
Group B - $789.62
Group C - $773.30
Group D - $742.31
Group E - $718.65
The total rates shown in the Award are the maximum and
minimum rates of pay to be paid on site and comprehend all award and over-award
payments including but not limiting the generality of the foregoing, to
payments for travelling time, travelling allowances, fares, site disabilities
(such as space, height, dirt), 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 in this Award.
The rates expressed in this Clause are based on a weekly
rate of pay for 38 hours ordinary time worked.
Wages may be paid in cash or by electronic funds transfer
into an account/s nominated by the employee, in the name of the employee.
9. Definition of Wage
Rates & Groupings
9.1 GROUP AB
Tradesperson Special Class
GROUP A
All Tradesmen
Dumper Operators over 41 tons
Excavator Operators over 2 yards
Mobile Cranes 41 tons to 165 tons
Transport Worker, Grade 6, 7 and 8
including Agitator Driver over 30,650 kg
Tractor Operators over 296 bhp to 600 bhp
GROUP B
Rigger
Batch Plant Operator
Agitator Driver/Concrete Pump Operator
Batch Plant Weigher and Batcher
Dumper Operators 12 to 40 tons
Excavator Operators + 3/4 to 2 yards
Grader Operators over 100 bhp
Mobile Cranes up to 40 tons
Greaser Field Service Truck
Tractor Operators 66 to 295 bhp
Transport Worker, Grade 4 and 5
GROUP C
All Dogman
Bituminous Spray Operators
Driller's Assistant
Driller Operator - Shot drilling machine
Dumper Operators up to 12 tons
Excavator Operators up to 3/4 yards
Grader Operators up to 100 bhp
Group 3 and 4 (AWU labourers)
Group 1 and 2 (CFMEU labourers)
Road Roller Operators
Steel Fixer/Concrete Finisher
Tractor Operators up to 65 bhp
Transport Worker, Grade 1, 2 and 3
GROUP D
Crane Chasers
(engaged in loading and unloading and/or work associated with storage
areas)
Laboratory Labourers
Group 2 (AWU labourers including AWU storemen)
Sheet Metal Workers 2nd class
Winch Drivers
Group 3 (CFMEU labourers)
GROUP E
Cold Saw Operator
Dresser and Grinder
Storemen
Survey Field Hands
Tradesperson's Assistants
9.2 Subject to the
operation of sub-clause 9.3 herein, operators of tower cranes over 100 tons and
operators of tractors in excess of 501 b.h.p shall receive a margin of $13.00
per week, and operators of mobile cranes in excess of 165 tons shall receive
$1.73 per week for each 5 tons over 165 tons, in excess of Group A weekly rate.
9.3 Leave is
reserved to the unions to pursue the insertion of new classifications and/or
new classification structures pursuant to changes to the parent awards.
Further, leave is reserved to the unions in respect of Electrical Instrument
Tradesman at the rate of 110% of Group A.
9.4 The Employers'
Federation, Unions and the Labor Council have agreed, that, as parent Awards,
to which employees may relate are varied to include career path structures,
training and multi-skilling they shall meet regularly:
(a) To ensure that
the benefits of the restructuring process flow to these work places as required
by the employer and consistent with the needs of the project, employers will
provide every reasonable opportunity for employees to acquire new skills and to
put to use the skill they have acquired.
(b) To ensure that
training is continued by employees whilst engaged at these work places.
(c) The parties
agree that in the event of any variation of the Award to reflect agreed new
classification(s), employees will be offered to undertake training where
required for a wider range of duties and/or to access higher classification
levels when competent.
9.5 The parties
agree that an important facet of the Structural Efficiency Principle is to
create greater flexibility in working patterns and arrangements. Accordingly the parties will actively work
to introduce changes, which will enhance flexibility and efficiency in a
positive manner to both employer and employee.
10. Tool Allowance
10.1 In addition to
the wage rates shown above, all Tradesmen shall be paid, for all purposes, The
Tool Allowance applicable to Carpenters under the National Building and
Construction Industry Award 1990, as varied from time to time.
10.2 Where an
employer provides all tools of trade to an employee, no tool allowance as
provided by this award shall apply. Tools provided in accordance with this
clause remain the property of the employer.
11. Apprentices
11.1 Apprentices
employed on site will, in addition to the other benefits contained in this
Award, be paid the following percentage of the Group A Total Rate plus Tool
Allowance.
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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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11.2 Apprentices
who attend a Technical College course on a prescribed rostered day off shall be
afforded an alternative day to be mutually agreed and which will be within the
five working days occurring after the prescribed rostered day off.
11.3 The Contractor
or their sub-contractors will, when engaging labour, give preference to local
resident apprentices whose training has been interrupted beyond their control.
However, it is to be clearly understood, no Company is to be
bound to employ extra labour or apprentices if by doing so would displace other
employees already employed by that Company.
12. Allowances
The following allowances shall be paid as they are
prescribed in the relevant Award.
(i) Leading Hand
(ii) Operator in
charge of Plant
(iii) Dual Lift by
Crane Drivers
(iv) Employee
carrying grease and oil in own vehicle
(v) Registration/Licence
allowances
(vi) Explosive
Powered Tool
(vii) First Aid
(viii) Heavy Blocks
(ix) Towers
Allowance
(x) Excess Fares
and Travel
13. Industry
Convention
13.1 The parties are
aware of the convention of some suppliers, contractors and sub-contractors in
the construction industry making payments to persons they engage, in excess of
the relevant awards by private treaty, for incentive purposes, or for the
purpose of attracting labour.
13.2 The unions
party to this Award herewith agree and declare that they will not seek to
increase any payment required by the terms of this Award as a result of a
private treaty as described in 13.1 above, nor will they seek redress from the
Project Manager or intervene as a result of such a treaty, providing that such
contractor/sub-contractor complies with the terms of this Award and providing
that such payments were an established practice prior to such company
commencing work on the project.
14. Induction
14.1 All employees
shall attend a Construction Site Induction Course which in addition to other
matters shall cover Site Safety Procedures and the provisions of this Award
prior to the commencement of work on site.
14.2 The induction
course shall be conducted at a central location by the employer’s
representatives.
14.3 The names,
classifications and union affiliation (where applicable) of employees attending
the course along with the name of the employer shall be forwarded to the Labor
Council of New South Wales, Northern Regional Office.
15. Protective
Clothing
All employees so entitled under this clause shall be issued
with protective clothing and footwear as prescribed under sections 15.2 (a),
15.2 (b), 15.2 (c) of this clause.
15.1 In the case of
an employee who is transferred to a project site under this Award from another
project site (whether covered by this Award or not) where an issue of
protective clothing and/or safety footwear was made, the said employee will not
be entitled to an issue on this site until the expiry of a calendar year from
the date of the original issue. The operation of this sub-clause is subject to
the provisions of 15.2(e)(ii) of this clause.
15.2 Employees who
receive from their employer an issue of protective clothing and/or safety
footwear as part of that particular company's policy will not be entitled to
the provisions of this clause.
(a) Safety footwear
Appropriate safety footwear shall be supplied to all
employees upon their commencement on-site.
(b) Clothing
One set of protective clothing shall be supplied to all
employees upon commencement on site.
A second set of protective clothing shall be supplied
to employees upon the completion of a period of three months on site.
(c) Each employee
after accumulated employment on-site of 76 hours shall be eligible to be issued
with one warm water resistant jacket, which will be issued between 1st May and
1st September. Electricians shall be
issued with a woollen jacket in lieu thereof.
(d) A set of
protective clothing shall consist of -
One (1) Shirt and one (1) Pair Trousers or Shorts
or
One (1) Shirt and one (1) Pair Bib and Brace Overalls
or
One (1) Pair of Combination Overalls
(e) Hard hats -
optional wide brim/flap hard helmets, safety glasses (tinted or clear) as per
AS1336/8 shall be stored and issued by the contractor.
NOTE:
(i) Items (a) and
(b) of the foregoing will be Australian made products.
(ii) All items
contained in this Clause (15) will be replaced on a fair, wear and tear basis,
provided that they are produced to the employer as evidence.
(iii) Under no
circumstances will monies be paid in lieu of clothing issue referred to in this
clause.
Provided further, that if an employee leaves his employment
within three (3) weeks of commencement he will reimburse the employer or the
employer may deduct from the monies otherwise payable the following proportion
of the purchase cost of the protective clothing:
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After one week
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2/3 of the cost
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After two weeks
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1/3 of the cost
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Any employee who is retrenched through lack of available
work within three (3) weeks from the commencement of his employment will not be
required to reimburse the employer for the protective clothing.
16. On Site Register
The Project Manager will require that all contracts with
Contractors include the following terms and conditions:
(a) That all
sub-contracts shall be in writing, and
(b) That this Award
shall form part of the conditions of such contracts, and bind all such
contractors and sub-contractors, and
(c) That
sub-contractors will be required to meet all statutory, award and legal
obligations for their employees.
(d) That there
shall be no 'pyramid sub-contracting, all-in-payments, or cash-in hand'. Should any suspected deviation from the
foregoing be found to exist, the union concerned will notify the contractor and
the Project Manager immediately for investigation. If found to be correct, such
deviation will be stopped immediately, rectified and all and statutory
entitlements shall be paid.
The Project Manager shall instruct each contractor to keep,
on site a register containing information of every employer and employee
engaged on the site. Each contractor
shall supply a copy to the Project Manager.
The Register shall contain the following:
16.1 From employees;
Prior to commencing work on site employees must provide
and certify as correct to their
employer, who will provide to the Project Manager, the following information:-
(a) Name and
address of Employee
(b) Classification
and Certificate details
(c) Induction Date
(d) Start Date on
Construction Site
(e) Union and
ticket number (where applicable and if voluntarily provided)
(f) Superannuation
scheme name and employee number
(g) Long Service
Leave number
(h) D.I.R.E.
ticket/permit numbers
(i) Redundancy
Trust Fund Name and Number
(j) Definition
stemming from Clause 39 of this Award (See Appendix "A")
(k) CTAS Number
Failure to comply with this clause may result in employees
being removed from the Project.
16.2 From employers;
Prior to commencing work on site employers must provide and
certify as correct and current the following information to the Project
Manager-
(a) Registered business
name and address of employer and ACN 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,
Trust name and employer number
(g) Travel and/or
living away from home declaration (see Appendix "A").
(h) Employer
Declaration of Adherence (see Clause 27)
(i) CTAS Number
Failure to comply with this clause may result in persons
being removed from the Project.
17. Weekly Hire
17.1 Employees of
contractors engaged under this award shall be employed on a weekly basis.
17.2 Employment
may be terminated by the employee or the employer upon the giving of a week’s
notice or forfeiture of a weeks pay in lieu of notice.
17.3 Provided that
this clause shall not apply to casual, temporary or part time employees.
18. Inclement
Weather
Where an employee(s) who is employed by the week in
accordance with Clause 17 herein believes they are experiencing inclement
weather conditions the following procedure shall apply.
18.1 The employee
shall notify their employer that they believe they are experiencing inclement
weather conditions;
18.2 Their
employer’s representative will consult with the affected employee(s) and
inspect the work area(s);
18.3 In the first
instance the employer’s representative will determine whether inclement weather
conditions are being experienced and will consult with affected employees seeking
their view and, work options where available
18.4 Where inclement
weather conditions are being experienced the provisions of the National
Building and Construction Industry Award shall apply.
19. Hours of Work
19.1 The ordinary
hours of work on the project will be 38 hours per week, and the daily spread of
ordinary hours will be worked as agreed between the employer and employee. The method of implementation of the hours
worked on the project will be in line with a 19-day month.
19.2 Overtime
19.2.1 All time worked
outside the ordinary working hours prescribed by this Award shall be paid for
at the rate of time and one half for the first two hours and double time
thereafter.
19.2.2 Overtime
worked on Saturdays shall be paid for at the rate of time and one half for the
first two hours and double time thereafter, provided that all work after twelve
noon on Saturday will be paid for at the rate of double time. An employee
required to attend work on a Saturday shall be paid for a minimum of four hours
work at the appropriate rate.
19.2.3 All Sunday work
shall be paid for at the rate of double time. An employee required to work on a
Sunday shall be paid for a minimum of four hours work at the appropriate rate.
19.2.4 The
assignment of overtime by an employer to an employee should be based on
specific work requirements and the practice of "one in all in" on
overtime shall not apply.
19.3 Shift Work
Where it is necessary that work be performed in shifts,
the following conditions shall apply:-
19.3.1 For the purpose
of this sub-clause "Afternoon Shift" means a shift finishing after
6.00pm. and at/or before 11.00pm. "Night Shift" means a shift
finishing after 11.00pm and at/or before 7.00am.
19.3.2 Other than
work on a Saturday, Sunday or holiday, the rate of pay for afternoon or night
shift shall be time and a half, provided that the employee is employed
continuously for five shifts Monday to Friday in any week. The observance of a
holiday in any week shall not be regarded as a break in continuity for the
purpose of this sub-clause.
19.3.3 An employee who
is employed for less than five consecutive shifts Monday to Friday shall be
paid for each day he works on any of the shifts referred to in sub-clause 19.1
hereof at the rate of time and a half for the first two hours and double time
thereafter provided that when a job finishes after proceeding on shift work for
more than one week, or the employee terminates his services during the week, he
shall be paid at the rate specified in sub-paragraph 19.3.2 hereof for the time
actually worked.
19.3.4
(1) The ordinary
hours of both afternoon and night shifts shall be eight hours daily inclusive
of a meal break of 30 minutes on each shift, provided that where shift work
comprises three continuous and consecutive shifts of eight hours each per day,
a crib time of 20 minutes in duration shall be allowed without deduction of pay
in each shift, such crib time being in lieu of any other rest period or
cessation of work elsewhere prescribed by this Award.
(2) For the
purpose of this clause an employee shall not be required to work for more than
five hours without a meal break.
19.3.5 Employees
on shift work shall accrue 25.26 minutes for each eight-hour shift worked to
allow one complete shift to be taken as a paid shift every 20-shift cycle. This
20th shift shall be paid for at the appropriate shift rate as prescribed by
this clause. Paid leave taken during
any cycle of four weeks and public holidays as prescribed by Clause 24, Public
Holidays of this Award, shall be regarded as shifts worked for accrual
purposes. Except as provided above,
employees not working a complete four-week cycle shall be paid accrued pro-rata
entitlements for each shift worked on the programmed shift off, or in the case
of termination of employment, on termination.
19.3.6 An
employee shall be given at least 48 hours notice of a requirement to work shift
work.
19.3.7 The
hours of shift workers when fixed, shall not be altered except for breakdowns
or other causes beyond the control of the employer, provided that notice of
such alteration shall be given to the employee not later than ceasing time for
the previous shift.
19.3.8 Employees
rostered for work on a Saturday or a Sunday shall be afforded the provisions of
sub-clause 19.2 of this clause.
19.3.9 For
all work performed on a holiday, the provisions of Clause 24 of this Award
shall be apply in lieu of the rates prescribed in this clause.
19.3.10 Work
in excess of shift hours, other than holidays, shall be paid for at double
time, provided that these rates shall be based in each case on ordinary rates.
19.4 Weekends and
Holidays
19.4.1 Where shifts
commence between 11.00 pm and midnight on a Sunday or holiday, the time so
worked before midnight shall not entitle the employee to the Sunday or holiday
rate; provided that the time worked by an employee on a shift commencing before
midnight on the day preceding a Sunday or holiday and extending into a Sunday
or holiday shall be regarded as time worked on such Sunday or holiday.
19.4.2 Where shifts
fall partly on a holiday, that shift, the major portion the ordinary hours of
which falls on a holiday shall be regarded as the holiday shift. Provided that an ordinary night shift
commencing before and extending beyond midnight Friday shall be regarded as a
Friday shift.
19.5 Smoko Break
A paid fifteen (15) minute smoko break shall be allowed
to all employees covered by this Award, once each shift, Monday to Friday. The employees shall take the break in a crib
room at a time mutually agreed upon between the employer and the employees.
19.6 Rostered Day
Off
19.6.1 The employer
and employees shall agree upon arrangements for rostered paid days off during
the 20 day cycle or for accumulation of accrued days to be taken at or before
the end of the particular contract provided that such accumulation shall be
limited to not more than five such accrued days and when taken, the days shall
be regarded as days worked for accrual purposes in the particular 20 shift
cycle. Once such days have been rostered, they shall be taken as paid days off
and shall not be changed.
19.6.2 This
provision shall not, however, prohibit an employee from working on his rostered
days off once scheduled where this is required by an employer for emergency
reasons, but in such cases the employee shall be paid the penalty rate
prescribed in sub-clause 19.2.1 of this clause, and any accrued entitlements
standing to such employee's credit shall be preserved and shall not be paid in
lieu of time off. Contractors will be provided with a published list of RDO's.
20. Sick Leave
An employee other than a casual employee as defined in the
appropriate award, who is absent from his 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:
20.1 Within 24 hours
of the commencement of such absence the employee shall inform the employer of
his 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.
20.2 The employee
shall prove to the satisfaction of his employer (or in the event of a dispute,
the Arbitrator) that he was unable on account of such illness or injury to
attend for duty on the day or days for which sick leave is claimed.
20.3 An employee
during his first year of employment with an employer shall be entitled to sick
leave entitlement at the rate of 0.833 of a day at the beginning of each
calendar month of the employee's employment.
Provided that an employee who has completed one year of
continuous employment shall be credited with a further 10 days sick leave
entitlement at the beginning of the employees second and each subsequent year,
which subject to sub-clause 20.7 hereof shall commence on the anniversary of
the engagement.
20.4 In case of an
employee who claims to be allowed paid sick leave in accordance with this
clause for an absence of one day only, such employee if in the year he has
already been allowed paid sick leave on two occasions for one day only, shall
not be entitled to payment for the day claimed unless he produces to the
employer a certificate of a duly qualified medical practitioner certifying that
the employee was unable to attend duty on account of personal injury or
illness.
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
rights under sub-clause 20.2 hereof.
20.5 Sick leave with
an employer shall accumulate from year to year so that any balance of the
period specified in sub-clause 20.3 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, which accumulates pursuant to
this sub-clause, shall be available to the employee for a period of ten years.
20.6 Any sick leave
for which an employee becomes 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.
20.7 If an employee
is terminated by his employer and is re-engaged by the same employer within a
period of six 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. Annual Leave
21.1 An employee who
is granted annual leave and receives payment therefore at a date subsequent to
his having been transferred by his employer from the construction site to
another work location or from another work location to the construction site of
the same employer, is entitled to receive the benefit of the provisions of this
Award in respect of that period of his work which was performed on this
construction site.
21.2 Accordingly,
employees transferring with the one employer shall upon termination of their
employment at the construction site be paid an amount in respect of each week
of employment on the construction site equal to the difference between the
employees classification rate under this Award and the employees normal rate
(Shop Rate) in respect of annual leave accrued whilst on the construction site.
Such amount shall include the annual leave loading.
22. Annual Leave
Loading
In addition to allowances prescribed by this Award, an
employee shall receive during a period of annual leave, a loading of seventeen
and one-half per cent (17.5%) calculated on the wage rates prescribed by this
Award. The loading prescribed above shall also apply to proportionate leave on
lawful termination.
23. Long Service
Leave
In respect of the Building and Construction Industry Long
Service Leave Payments Act the Project Manager shall ensure any contracts with
contractors includes the following provisions:-
23.1 Upon entering
into a sub-contract the contractor shall obtain evidence from the Long Service
Leave Payment Corporation to confirm registration, and present such evidence to
the Project Manager before commencement.
23.2 At the time of
receiving the final contract payments sub-contractors will be required to
certify to the Project Manager that they have fully complied with all of their
obligations under the said Act.
23.3 Where an
accredited official of a union wishes to check to see whether all the
provisions of the Act are being complied with, he shall be entitled to do so
after two (2) working days of providing written notice to the employer
concerned.
23.4 Upon termination,
employers must include the Long Service Leave Certificate of Service in every
employees final pay envelope, or not later than 30 days after termination. That
certificate must be correctly issued with all details and a correct copy sent
to the Long Service Leave Corporation.
The employer must ensure that the employee's long service leave number
is recorded and issued on every certificate. All employees employed as at 30
June each financial year must receive a certificate for that preceding period
within 30 days thereafter.
24. Public Holidays
24.1 An employee,
other than a casual employee (as defined by the appropriate award or industrial
agreement) shall be entitled to the following holidays without deduction of
pay, provided however, 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 Year's Day
Australia Day
Good Friday
Easter Monday
ANZAC Day
Queen's Birthday
Labour Day
Christmas Day
Boxing Day
Newcastle Show Day or local show day as gazetted
Picnic Day - 1st Monday in December
24.2 Easter Saturday
- only an employee who normally works ordinary time, not overtime, on Easter
Saturday shall be entitled to an ordinary days pay if Easter Saturday is not
worked and not otherwise. All employees
shall be entitled to public holiday penalty rates if Easter Saturday is worked.
24.3 Where an
additional or substitute public holiday is proclaimed the existing Award
arrangements shall apply.
24.4 Provided that:-
24.4.1 An employer who
terminates the employment of an employee except for reasons of misconduct or
incompetency (proof of which shall lie upon the employer) shall pay the
employee a day's ordinary wages for each holiday, which falls within 10
consecutive days after the day of termination.
24.4.2 Where any
two or more of the holidays prescribed in this Award occur within a 7-day span,
such holidays shall for the purpose of this Award be a group of holidays. If
the first day of the group of holidays falls within 10 consecutive days after
termination, the whole group shall be deemed to fall within the 10 consecutive
days. Christmas Day, Boxing Day, and New Year's Day shall be regarded as a
group.
24.4.3 No employee
shall be entitled to receive payment from more than one employer in respect of
the same public holidays or group of holidays.
24.4.4 An employee who
has worked as required by his employer the working day immediately before and
the working day immediately after such a holiday or is absent with the
permission of his employer or is absent with reasonable cause, shall be
entitled to payment for the public holiday. An absence arising by termination
of employment shall not be reasonable cause.
24.5 All employees
shall, as far as practicable, be given and shall take Picnic Day and shall be
paid therefore eight hours work at the rate of pay prescribed in Clause 8 of
this Award.
24.5.1 Where an
employee's parent award so provides, an employer may require from an employee
evidence of his attendance at the picnic and the production of the butt of a
picnic 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.
24.5.2 Where an
employer holds a regular picnic for his employees on some other working day
during the year, such day may be given and may be taken as a picnic day in lieu
of the picnic day here fixed.
24.6 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 (i.e.
2-1/2 times).
24.7 An employee
required to work on a holiday shall be afforded at least four hours work or
paid for four hours at the appropriate rate.
25. Dispute
Procedures
Disputes arising between contractors or sub-contractors and
their employees at the site in respect of awards and/or this Award shall be
settled in accordance with the procedure set out below:
25.1 Where an
employee or a shop steward has submitted a request concerning any matter
directly connected with employment to a foremen, or a more senior
representative of management and that request has been refused, the employee
may, if he so desires, ask the shop steward to submit the matter to management
and the matter shall then be submitted by the shop steward to the management.
The employer shall reply promptly.
25.2 If not settled
at this stage, the matter shall be formally submitted by a State Official of
the Union to the employer.
25.3 If not settled
at this stage, the matter shall be discussed between such representatives of
the Union as the Union may desire and the employer, who may be accompanied by
or represented by such officers or representatives of an Association of employers
as the employer may desire.
25.4 If the dispute
is not resolved the Labor Council shall be advised to enable it to assist in a
resolution of the dispute.
25.5 Where the
parties fail to resolve the dispute in accordance with 25.4 above, it is agreed
that a notification shall be made to the Industrial Commission of New South
Wales pursuant to the Industrial Relations Act 1999 for the express purpose of
ensuring all avenues of Conciliation and Mediation are fully explored.
25.6 If the parties
fail to resolve the dispute in accordance with 25.5 above, they may, by
agreement, request the Commission to assist in resolving the matter by adopting
the role of arbitrator pursuant to the Act.
25.7 Where the
procedures from 25.1 to 25.6 are being followed or where it is agreed to
proceed to arbitration, work shall continue normally.
No party shall be prejudiced as to final settlement by
the continuance of work in accordance with this sub-clause.
In the event that any dispute appears likely to remain
unresolved or that stoppages of work or bans and limitation have been placed on
the performance of work or that lockouts or blatant breaches of the Award and
its intent by the Company is likely to thereby negate the intent of the
Settlement of Dispute Procedure, which of itself places in jeopardy the
continuance of the parties desire to participate in the Award, nothing in this
clause shall restrict a union or the Company referring the matter to the
Industrial Commission of New South Wales or from that body exercising its
statutory powers.
26. Demarcation
Disputes
26.1 It is
recognised by all parties to this Award that because of the unique nature of
these sites, i.e. the mix of work, size of total work area and location
involved, there is a genuine need to have in place a mechanism capable of
swiftly dealing with demarcation issues as they arise.
It is therefore agreed that:
26.1.1 As work is
confirmed, and where potential demarcation problems are evident, full
discussion shall take place between the Contractor/Sub-contractor and the
appropriate union representatives. If
not resolved at this level the Project Manager shall advise the Labor Council
of New South Wales. The Project Manager
shall take this action at least five (5) working days prior to the actual
commencement of the work. The Council, when so advised will arrange for
discussions to take place within the Trade Union movement.
26.1.2 Nothing in
this sub-clause shall operate so as to prevent work from commencing or
continuing as contracted, after the expiry of the five (5) working days
mentioned in 26.1.1 above.
26.2 If not resolved
at this level, the issue shall be dealt with in accordance with sub-clauses
25.4 and 25.5 of Clause 25 of this Award.
26.3 All parties
agree that the outcome of any matter dealt with by the terms of this clause
shall not be used as a precedent, reference, example or exhibit in any way
whatsoever in matters arising from this or any other work location.
26.4 Whilst this
procedure is being followed, work shall continue normally on the basis of the
initial or existing allocation of Union coverage.
26.5 Should a
demarcation dispute arise subsequent to work commencing then the procedure as
outlined in sub-clauses 26.1 to 26.4 of this Clause will be followed, excluding
the reference to 5 working days.
26.6 Nothing in this
clause shall be read by any party to mean that an employer or a union has
abrogated their rights in relation to the settlement of any demarcation
dispute.
27. General
27.1 Notwithstanding
the terms of this Award, contractors will endeavour where possible to recruit
and employ local labour directly for their site work needs. The Project Manager shall be responsible for
ensuring that all contractors and sub-contractors fulfil their obligations and
meet the entitlements of their employees.
27.2 All contractors
and sub-contractors shall supply a declaration that they shall abide by the
provisions of this Award made by agreement between the Labor Council and the
Employers' Federation.
The Project Manager will ensure that the appropriate
union representative employed by the company is kept advised in respect of
subcontractors coming on site. Contractors will ensure that employees hold the
necessary qualifications. The practice
of all-in-payments, cash in hand payments or pyramid contracting will not be
tolerated on site.
28. Union Membership
To the extent that the appropriate legislation permits,
contractors and sub-contractors shall give favourable consideration to the
employment of financial members of the appropriate union respondent to this
Award.
Union membership shall not of itself in any way limit the
operation of Clause 9 of the Award with respect to the duties of any employee.
29. Superannuation
29.1 Employees of
contractors and sub-contractors covered by this Award shall, whilst they are
engaged on this site, be covered by an appropriate construction superannuation
scheme such as C+BUS or NESS, or other approved superannuation scheme.
29.2 Employers shall
contribute $55 per employee per week in respect of each employee engaged on a
construction site under this award whilst so engaged:
29.3 Construction
work to be performed under this Award shall be under the definition of
construction work contained in the Trust Deed or Deed of Adherence of the appropriate
superannuation scheme.
30. Meetings of
Employees to Discuss Award & Related Issues
One hour per month shall be allowed to employees during
ordinary working time to discuss matters related to the operation of this award
and/ or other related issues, including matters relating to the employee’s
union. This meeting shall commence as near as practicable one hour prior to the
normal lunch break observed by the majority of contractors employees engaged on
the project site on a day agreed between the Project Manager and employee
representatives engaged on the Project site. Once established, no alteration is
to be made to the scheduled date unless otherwise agreed.
Such meetings shall only proceed where a party to this award
with members on site confirms to the Project Manager their desire to conduct a
meeting at least two (2) days prior to the scheduled date.
Any time lost during ordinary working hours by attendance at
unauthorised meetings shall not be paid and shall be deducted against the
one-hour allowance.
31. Meal Allowance
Meal allowance entitlements shall be as prescribed under the
National Building and Construction Industry Award as varied from time to time.
32. Amenities
32.1 Amenities as
prescribed in the Code of Practice - "Amenities for Construction
Work" are to be provided.
32.2 All lunch sheds
shall contain reverse cycle air conditioning and shall be kept clean.
32.3 Each Contractor
shall ensure that amenities are provided by all sub-contractors and comply with
32.1and 32.2 above.
33. Workers
Compensation
33.1 The Project
Manager shall instruct all contractors that it is a term and condition of their
contract that they and all sub-contractors shall ensure that all workers that
they engage to work on the project are covered by New South Wales Workers'
Compensation Insurance and are aware of their responsibilities under the
legislation which is current at the time.
33.2 The Project
Manager shall instruct all contractors that it is a term and condition of their
contract that they and all sub-contractors engaged on the project recognise and
shall comply with the following Workers Compensation agreement for the
expedited payment of compensation.
33.2.1 All employees
covered under this Award shall report injuries and comply with claims
requirements at the earliest possible date after injury.
33.2.2 In cases where
the person is not in a position to comply with 33.2.1 the relevant union may
assist him in fulfilling claim requirements.
33.3 If the employer
and the Insurer are satisfied that an injury sustained by an employee is
compensable, the employer shall make workers' compensation payments by normal
pay days where practicable, provided written information required has been
received from the employee or his/her representative.
33.4 When a claim is
disputed, each case will be examined on its merits and the employee advised not
later than two weeks following the date of written notification by the employee
(or his/her representative) of the accident whether or not liability is denied,
or the status of the employee’s claim.
33.5 The Project
Manager must be notified of all accidents on site immediately. A Project Site
Accident Book must be kept by each contractor who must ensure all injuries are
reported in both the permanent accident
book and the Project Site Accident
Book.
34. Top Up Accident
Cover
In addition to the benefits arising under Clause 33 herein,
contractors and sub-contractors shall contribute on behalf of their employees
employee into Coverforce Top-Up Accident Scheme (CTAS) or other union approved
income protection scheme (whose cover at least equates to that of CTAS), an
amount up to that required by CTAS to provide twenty four hour accident
protection seven days a week.
35. Death &
Permanent Disability Insurance
35.1 The Project
Manager will ensure that all Contractors and Sub-Contractors effect and
maintain a 24 hour death or permanent disability insurance cover of $50,000 on
all employees who are engaged on the project who are not already covered by the
available recognised industry schemes, e.g. C+BUSS, NESS, or other union
approved construction superannuation schemes.
35.2 Such payment
shall be made by the Insurer within 14 days of the production of the
appropriate documentation.
35.3 Where a
contractor or sub-contractor provides 24-hour death or permanent disability
insurance cover of $50,000 or more, they shall be relieved from the provisions
of this clause.
36. Termination Pay
36.1 In lieu of
award termination and redundancy payments otherwise payable, contractors and
sub-contractors shall contribute into ACIRT or an approved Occupational
Redundancy Fund, an amount of $55 per week per employee, in respect of each
completed week of employment at the construction site and shall for the term of
their contract on the construction site complete a Deed of Adherence which
shall apply in respect of employees whilst they are engaged at the construction
site.
37. Job Delegates
37.1 It is
recognised by contractors and sub-contractors that job delegates have an essential
and important role on site in representing their union and its members. It is fundamental to this Award that the
parties will not permit discrimination against job delegates in any part of the
contract of employment. Absolute
recognition of the rights of job delegates as defined in the appropriate Parent
Awards shall be given.
37.2 Job delegates
of the respective unions will be recognised by the contractor and/or
sub-contractors and shall be allowed time off with pay for up to six (6) days
in any one year to attend Trade Union Training schools conducted by unions
and/or TUTA 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 the
Prime Contractor.
37.3 Job delegates
shall be permitted use of the contractor’s telephone in a private area for
union business related to the projects covered by this Award.
38. Caravan Site
38.1 Contractors
and/or sub-contractors who employ persons who would be entitled to a Caravan
Allowance under the appropriate Parent Award shall, in lieu of such allowance
either provide the employee with a caravan site or reimburse to the employee
upon proof the actual cost of a caravan site. Itinerant workers shall be
entitled to either a caravan site or be reimbursed the actual cost of a caravan
site upon proof.
38.2 This clause
shall apply to an employee who resides in a caravan (either owned or rented)
for the purpose of following his employment from site to site providing that:
(1) The employee
has been directed by his employer to reside in the caravan in order to work at
the employer's site; or
(2) The employee
elects to reside in the caravan because it is impracticable to travel to and
from the employer's site and the employee’s original place of residence.
NOTE: The
employee's original place of residence shall be taken to mean his residence
immediately prior to becoming a caravan dweller.
The employee having established at the commencement of
his employment at a particular site that he is not a caravan dweller, will not
be eligible to the benefits of this clause whilst working at that site.
(3) An employee
referred to in sub-clause (1) of this clause shall be paid the allowance
prescribed by Clause 35 of the Plant Operators on Construction Award. Such
allowance shall take account of all expenses incurred by the employee in
connection with his occupation of the caravan, and shall not be wages for the
purpose of this Award.
(4) The allowance
payable pursuant to sub-clause (2) of this clause shall be in substitution for
and not additional to any payment otherwise due pursuant to Clause 33, Country
Work, or Clause 34, Camping Area of the Plant Operators on Construction (State)
Award; provided that the employee shall not be entitled to the allowance
prescribed in sub-clause (2) of this clause for any working day in which he is
absent from duty except in cases of sickness or for any reason beyond the
employees control.
(5) This clause
will not apply to any employee whose employer is paying an allowance for the
use of the employee’s caravan following custom and practice or agreement under
conditions not less favourable than the provisions of this clause.
39. Living Away -
Distant Work
39.1 Entitlement
39.1.1 The employer
shall provide a distant worker with 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 the employee’s usual place of residence that the employee cannot
reasonably return each night.
39.1.2 The employer
shall provide an itinerant worker with acceptable board and lodging at
reasonable cost.
39.2 Procedure
39.2.1 The employer
shall advise applicants for employment of their entitlement under this clause
at the time of the interview.
39.2.2 The employer
shall determine whether the employee is correctly defined as a "distant
worker", "itinerant worker" or "local worker". The
appropriate definition shall be shown on the employer's records when the
employee completes the Travel and/or Living Away from Home Declaration (See
Appendix "A") made at the pre-employment interview.
39.2.3 An employer
shall not, under any circumstances, attempt to persuade or induce applicants
for employment to provide a local address as the usual place of residence in an
effort to avoid the employer's obligations under this clause.
39.3 Excess Fares
and Travel
39.3.1 An employee who
resides more than 50 km from the site and who travels more than 50 km by road
each way to and from the site each day shall be entitled to a minimum travel
time payment of half an hour each day at ordinary rates. If the travelling time beyond the 50 km is in excess of half
hour each day, the actual time travelled beyond the 50km shall be paid at
ordinary rates in increments of 0.25 hours.
Provided that, if the employee uses their own private
vehicle to travel to and from the site the employee shall be entitled to forty
($0.40) cents per km for each km travelled in excess of 50 km.
Provided further, this payment shall not be made if the
employer provides or offers to provide transport to and from site each day.
39.4 Disputes
Disputes, arising from application of this clause will
be subject to resolution in accordance with Clause 25 herein. In the event of a
dispute all relevant documentation will be made available to the Tribunal
dealing with this matter.
39.5 Definitions
(1) "Distant
Worker" means an employee who has provided satisfactory evidence that due
to engagement on the construction site he is unable to reasonably return home
each night.
(2) "Itinerant
Worker" means an employee with no fixed address.
(3) "Local
Worker" means an employee whose usual place of residence is within the
local area, and where 39.2.1 and 39.2.2 above do not apply.
(4) "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 a 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 his usual
place of residence. No subsequent
change to an employee's usual place of residence shall entitle an employee to
the provisions of this Clause, unless the employer agrees.
(5) "Reasonable
Board and Lodging" means lodging in a well-kept establishment with three
adequate meals per day, adequate furnishings, good lighting and heating, hot
and cold running water, in a single or twin room if a single room is
unavailable.
(6) "Living
Away from Home Allowance" means an allowance payable weekly. Such
allowance shall not be wages, provided that in the case of broken parts of a
week occurring at the beginning or end of employment, the allowance shall be
divisible by, seven (7).
Provided further, that if the employee satisfies the
employer that he/she reasonably incurred a greater outlay than any prescribed,
the allowance shall be increased to match the outlay.
40. Safety &
First Aid
40.1 A Safety
Committee shall be formed and will operate in accordance with the provisions of
the Occupational Health and Safety Act 1983 and its regulations.
The Safety Committee in consultation with the Project
Manager will determine frequency of site safety inspections and other pertinent
safety matters.
40.2 An employee
holding the appropriate first aid qualifications shall be in attendance at any
time other employees are working on site, in accordance with the Occupational Health
and Safety Act (First Aid Regulations).
In addition first aid boxes shall be provided as
required in accordance with the Occupational Health and Safety Act,
1983 on each building construction location.
40.3 Communication
links including mobile telephones shall be provided for each of the first aid
stations on the site. Such communication links are to be provided and
maintained by the contractor.
40.4 A list of
qualified First Aiders who are appointed to perform first aid duties will be
prominently displayed in crib rooms and office facilities and other locations
deemed necessary by the Project Manager.
41. Drug &
Alcohol Policies
41.1 Contractors,
sub-contractors and their employees shall comply with the Peabody site’s Drug
and Alcohol Policy.
41.2 Where an
employee of a contractor or sub-contractor feels that they have been treated
unfairly under the site’s Drug and Alcohol Policy, the grievance will be
processed in accordance with the Disputes Handling Procedure of this
Award."
42. Electricians
Licence
The Electrician's Licence payment as defined in the
Electrical Contracting Industry (State) Award as varied from time to time shall
apply to all Electricians who hold a NSW Electrician's Licence.
43. Visiting Union
Officials
43.1 Visiting union
officials are required to make an appointment with the Project Manager or
representative prior to arriving on the Construction Site. Where practicable 24
hours prior notice will be given.
43.2 Upon arrival,
visiting union officials must report to the Project and/ or other relevant Mine
Office for signing in, induction and instruction as to meeting location area
(and other relevant matters).
43.3 Visiting Union
Officials may not proceed to a designated area without the authorisation of the
Project Manager or representative.
43.4 Where a meeting
with a contractor or sub-contractor has been arranged in accordance with this
procedure, it will be conducted having regard to the needs of ensuring the
continuity of construction activities.
43.5 Where meetings
are conducted with members they shall be so arranged during non-working periods
so as not to interfere with normal construction activities.
43.6 In other
respects, the relevant provisions of the parent awards and legislative
provisions shall apply.
44. Unions Not Party to
This Award
Any application for an alteration of the provisions of this
Award can only be made by the parties to this Award following a unanimous
decision to seek an alternative by the unions being parties thereto.
45. Non-Reduction
Consistent with the Application of Awards Clause of this
Award, where an employee of a contractor or sub-contractor employed under this
award is in receipt of terms or conditions greater than this award as a result
of the application of another Award (State or Federal) or an Enterprise
Agreement, there shall be no reduction in either rates of pay or conditions of
employment of that employee.
Provided that where under an Enterprise Agreement the
parties off-set provisions there shall be no double counting of such off set
benefits so that either the contractor or the employee have a windfall gain.
The application of this clause shall not be used as a basis
for claims by unions or employees of other contractors to secure changes to
terms or conditions of employment.
46. Limitation
Neither this Award nor any part thereof shall be used by the
unions, contractors or sub-contractors as evidence or example before any
industrial tribunal or proceedings not directly concerned with work covered
under this Award.
47. Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
_______________________
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
J. N.
REDMAN, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.