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Lend Lease Project Management & Construction/CFMEU Joint Deve!opment
Agreement Mark 8 2012-16
Lend Lease Project Management & Construction (Australia) Pty Ltd
and
Construction Forestry Mining Energy Union
JDA 8 August 2012
Table of Contents
1.
Definitions .................................................................................................................................4
2.
Aim .............................................................................................................................................4
3.
Objectives .................................................................................................................................4
4.
Application ................................................................................................................................5
5.
Period of Operation .................................................................................................................. 6
6.
No Extra Claims ........................................................................................................................6
7.
Consultation and Participation ............................................................................................... 6
8.
Effective Work Organisation ................................................................................................... 9
9.
Skills Development.. ...............................................................................................................10
10.
Hours of Work and Rostered Days Off ................................................................................. 10
11.
lend lease Benefits ............................................................................................................... 11
12.
Employee Payments and allowances ................................................................................... 13
13.
leave ........................................................................................................................................16
14.
Environment Health & Safety ................................................................................................ 18
15.
Electronic Funds Transfer ..................................................................................................... 18
16.
Employee Representatives .................................................................................................... 18
17.
Inclement Weather .................................................................................................................. 19
18.
Employment I Retrenchment Procedures ............................................................................ 19
19.
Conflict Resolution ................................................................................................................. 20
20.
Work Continuity ...................................................................................................................... 21
21.
Protective Clothing ................................................................................................................. 22
22.
Redundancy ............................................................................................................................22
23.
long Service leave ................................................................................................................22
24.
Individual Flexibility Clause .................................................................................................. 22
25.
Jury Service ............................................................................................................................23
26.
Provision Of Tool lockers ..................................................................................................... 23
27.
Employment Security, Staffing levels, Mode of Recruitment and Replacement labour
24
28.
Electronic Site Access Systems ........................................................................................... 24
29.
Execution of Agreement ........................................................................................................ 26
Appendix A - Weekly Base Pay ......................................................................................................... 21
Appendix B - Productivity Benefits ................................................................................................... 28
Appendix C - Superannuation ............................................................................................................ 29
Appendix D - Skills Development Programme ................................................................................. 30
Appendix E - Lend Lease EH & S Policy ........................................................................................... 38
Appendix F - Victoria ..........................................................................................................................39
Schedule 1 - Site Allowance Procedure ............................................................................................ 57
Schedule 2 - Passengers and Materials lifts ................................................................................... 6()
Schedule 3 - Amenities .......................................................................................................................62
2
JDA 8 August 2012
Schedule 4 - Industrial Relations Training leave ............................................................................ 64
Schedule 5 -
Health &
Schedule 6 - Notification to Work on Scheduled ROO ....................................................................10
Schedule 1 - ROO and Christmas Close Down Dates .....................................................................11
Appendix G - New South Wales .........................................................................................................16
Appendix H - ACT ...............................................................................................................................81
Appendix 1- Queensland and Northern Territory ............................................................................ 86
Appendix J - South Australia ...........................................................................................................102
Appendix K - Western Australia ......................................................................................................106
3
JDA 8 August 2012
8
1.
6
Definitions
For the purpose of this Agreement:
"Act" means the Fair Work Act 2009.
"Agreement" means this Lend Lease Project Management & Construction/CFMEU Joint
Development Agreement Mark 8 2012-16.
"Award" means the Building and Construction General On-site Award 2010 (as amended).
"Company" means Lend Lease Project Management & Construction (Australia) Pty Limited.
"Consultative Committee" means a committee comprised of Employees, Union
representatives and Company management representatives.
"Employee" means a weekly hire Employee of the Company performing work within the
scope of this Agreement.
"FWA" means Fair Work Australia.
"Lend lease Group" means Lend Lease Corporation Limited and its related bodies
corporate.
"New Projects" means any new project that commences after 1 August 2012.
"Ordinary Times Earnings" means the payments made to the Employee in respect of
ordinary hours worked, including Base Pay, Productivity benefit, Tool Allowance, Travel
Allowance and, if applicable, Responsibility Payment.
"Parties" means the Company, the Employees and the signatory Union.
"Union" means the Construction Forestry Mining and Energy Union.
2.
Aim
2.1
The signing of this Agreement is a joint commitment by the Company, Employees and the
Union to the following five principal aims:
(a)
increased job satisfaction, security of employment and quality of life for Employees;
(b)
increased domestic and international competitiveness of the Company through
continual improvement in efficiency, productivity, safety and quality of production;
(c)
development of a communication process which promotes shared vision and shared
decision making through consultation and participation;
(d)
development of adaptable, committed and highly skilled Employees, valued for skills
recognised by both the industry and the Company; and
(e)
properly reward Employees to ensure they share in the improved productivity of the
Company.
3.
3.1
The Parties agree to continue to develop and implement the following objectives:
4
JDA 8 August 2012
Work Organisation
(a)
Implementation of forms of work organisation which encourage the use and acquisition
of skills and continual learning;
(b)
Continued development of more effective management practices;
(c)
Continued development of communication processes which facilitate participation by
all levels of the Company;
(d)
Introduction of new technology (which may include new and innovative ways of
working) and associated change to enhance the competitive position of the Company;
(e)
Improved quality of work on Company sites.
People Development f Skills
(f)
Provision of a career structure for all Employees based on skills and competencies;
(g)
Continued development, improvement and implementation of the classification
structure based on skills acquired.
Safety & Environment
(h)
Achieving leadership in Health, Safety and sustainable Environmental practice, and a
commitment to operate Incident and Injury Free on all Company projects;
(i)
Implementation and promotion of sound environmental practices on all company
projects;
G)
Understanding and promoting waste minimisation on projects with all site personnel
achieving the Company waste targets.
Generally
(k)
Implementation of this Agreement, the Award and, compliance with statutory
provisions;
(I)
Elimination of unproductive time;
(m)
Improved job security through the introduction of measures designed to develop a
sustainable level of direct Company involvement.
4.
Application
4.1
Subject to 4.2 below, this Agreement will apply to Apprentices in Queensland and cover all
employees of the Company employed as construction workers on its projects, including
building, civil, and mechanical engineering projects, in all States and Territories.
4.2
Cottage/housing projects are excluded from the operation of this Agreement. For the
purposes of this Agreement, cottage/housing projects means the construction of single
occupancy dwellings and/or multiple occupancy residential units of no more than two living
levels in height where the project does not exceed $2 million.
4.3
The Parties recognise that this Agreement will apply except where the client may impose
tender conditions that are different from those contained herein. Where such tender
5
JDA 8 August 2012
conditions are to apply employees will not be disadvantaged compared to the terms of this
Agreement.
4.4
The terms and conditions of the Building and Construction General On-Site Award 2010 ("the
Award") are incorporated into and form part of this Agreement ("Incorporated Terms") as if the
same were set out in full. The express terms of this Agreement are supplementary to, and
should be read and interpreted wholly in conjunction with the Incorporated Terms provided
that where there is any inconsistency between this Agreement and the Award this Agreement
will prevail to the extent of the inconsistency.
4.5
This Agreement also covers the Union.
5.
Period of Operation
This Agreement will come into effect on and from the beginning of the first pay period to commence
on or after the date of approval by Fair Work Australia and will continue in force until 31 March 2016
(the nominal expiry date) unless terminated beforehand in accordance with the Fair Work Act 2009.
Monetary payments are to be paid from the dates specified in the relevant tables in this Agreement.
6.
No Extra Claims
The Parties acknowledge and agree that this Agreement covers the field, and is in full and final
settlement of all matters, claims and demands however described whether or not any matter, claim or
demand is specifically addressed within this Agreement.
The Parties to this Agreement undertake not to pursue any further claims as to wage
increases/decreases, or improvements/reductions to conditions of employment, whether they are
Award or over-award, during the life of this Agreement.
7.
Consultation and Participation
7.1
National Consultative Committee
7.2
(a)
The Parties agree to consult closely on key issues and developments essential to the
implementation of this Agreement and the realisation of its objectives. A National
Consultative Committee shall be established to monitor and review the operations of
this Agreement.
(b)
This National Consultative Committee shall consist of appropriate management
representatives as well as national and state Union officials and an Employee
representative from each Regional Consultative Committee. This Committee shall
meet six monthly or more often if required.
Regional Consultative Committee
(a)
The Parties agree to the establishment of Regional Consultative Committees to
ensure appropriate consultation in respect of matters unique to the operations and
practices of the Parties in each region. These Committees will also address any
disputes or general difficulties which may arise in the implementation of the terms of
this Agreement, particularly where there has been a substantive change to custom
and practice.
(b)
A Consultative Committee will comprise up to three management representatives, two
Employee representatives elected by the Employees, and up to two Union officials.
6
JDA 8 August 2012
7.3
(c)
Each regionally based Consultative Committee will be responsible for the
implementation of this Agreement for projects within its particular State or Territory.
(d)
These Regional Consultative Committees will meet on a regular basis to service the
needs of individual projects and the region.
(e)
The purpose of the Regional Consultative Committees will be to:
(i)
Facilitate the implementation of this Agreement;
(ii)
Facilitate the implementation of workplace reform through consultation and
participation;
(iii)
Review and advise the Company on key issues which impact on Company
business, including but not limited to:
(A)
Work Organisation;
(B)
Rehabilitation of injured employees;
(C)
Skill Formation;
(D)
Best Practice;
(E)
Productivity Measures;
(F)
Career Planning;
(G)
Restrictive Practices;
(H)
Incremental Improvement;
(I)
Direct Employment;
(J)
Use of Down Time due to Inclement Weather;
(K)
Safety and Environmental Plan;
(L)
Delivery System; and
(M)
Relevant legislative changes.
(iv)
Act as a forum for expression of Employee ideas and concems;
(v)
Communicate information on key directions of the Company;
(vi)
Report to the National Consultative Committee on the implementation and
progress of this Agreement; and
(vii)
Ensure that major projects (as defined by the Operations Manager) form a
Project Consultative Committee and develop and implement Project
Productivity Improvement Plans.
Dates for the Consultative Committee meetings throughout the life of this Agreement will be
arranged for as close as possible to the following:
7
JDA 8 August 2012
National Consultative Committee
Regional Consultative Committee
1 October 2012
1 September 2012
1 April 2013
1 December 2012
1 October 2013
1 March 2013
1 April 2014
1 June 2013
1 October 2014
1 September 2013
1 April 2015
1 December 2013
1 October 2015
1 March 2014
1 June 2014
1 September 2014
1 December 2014
1 March 2015
1 June 2015
1 September 2015
1 December 2015
1 March 2016
7.4
Consultation On Major Workplace Change
(a)
Where the company is seriously considering, and prior to the taking of any definite
decision on, the introduction of major workplace changes that are likely to have a
significant effect on Employees, the Company must notify and consult with the
Employees and their Union/s or other representative/so This consultation will occur
through the National Consultative Committee or the Regional Consultative Committee
as agreed to by the Parties.
The Company must recognise the Union (or other representative appointed by an
Employee) and consult in good faith in relation to such proposed changes, including
by allowing entry to company premises to assist with representing Employees in the
consultations relating to the proposed workplace changes.
Provided however this clause shall not be construed as providing any rights which are
inconsistent with s 194(f) or (g) of the FW Act.
(b)
The obligation to notify and consult includes providing all relevant details to the
Employees and their Unionlrepresentative in writing about:
8
JDA 8 August 2012
(il
(ii)
(iii)
(c)
the nature of the changes, any proposed timing of the changes and the
expected likely effect on Employees;
any measures the Company is proposing to take to avert or mitigate any
adverse effects of such changes on Employees; and
any other matters related to the changes which may affect the
Employees.
In this clause major workplace changes that are likely to have a significant effect on
Employees includes:
(i)
termination of employment;
(ii)
changes to composition, operation or size of the workforce or the skills
(iii)
elimination
required of Employees;
or
diminution
of
job
opportunities
(including
promotion/tenure);
(iv)
alteration of hours of work;
(v)
retraining, relocation or restructuring; and
(vi)
changes to the legal or operational structure of the employer or business,
including changes to business ownership or control.
7.5
Tool Box Meetings
A tool box meeting will be organized by the Company for Employees only, to be held per site
each month to facilitate and foster communication and consultation. Items to be discussed at
each meeting may include: programming of site work, site issues, Workplace Health and
Safety, job design, productivity issues, management policies, agreement compliance, wages
and conditions, compliance with statutory obligations, any other relevant issue raised. Notice
of the meeting will be given to the Parties to this Agreement at least a week prior to the
scheduled date.
8.
Effective Work Organisation
8.1
Effective Work Organisation refers to methods of organising work so that personal and
Company objectives can be achieved efficiently and safely, producing results which are
acceptable to all concerned. Effective Work Organisation has several inter-related elements:
8.2
(a)
Organisation of people to perform work;
(b)
Skill development, including communication; and
(c)
Career planning or goal setting.
The Company is committed to utilising it's own personnel in the most productive manner
including, where possible, utilising Employees in key roles on site including:
(a)
First aid attendants;
(b)
Amenities attendants;
(c)
Hoist drivers;
9
JDA 8 August 2012
(d)
Crane crews (except where supplied by a specialist company or subcontractor);
(e)
Certain traffic attendant roles including gatemen;
(f)
General construction work; and
(g)
Supplementing labour shortages of subcontractors.
Contracting and labour hire arrangements will not in any way be designed to undermine the
job security of Employees covered by this Agreement.
Lend Lease will not engage subcontractors or labour hire to carry out work performed by Lend
Lease employees except as provided in clause 27.
9.
Skills Development
9.1
Work will be organised to provide opportunities for Employees to develop their skills. This will
occur on a local basis, supported and facilitated centrally.
9.2
The Skill Assessment System is the medium whereby Employees can communicate their skill
needs to the coordinators of skill development. The Skill Assessment System is outlined in
Appendix D.
9.3
Site management in conjunction with the relevant consultative committee will select teams
from within the entire Company workforce, based on skills, development requirements, and
availability. This process wil! treat Employees and skills in the same professional manner as
other elements of the building process leading to improved Employee mobility, exposure to a
variety of work, flow-on improvements in motivation, and reduced staff turnover.
9.4
The Company will monitor and review the Skill Assessment medium each year to ensure the
mediums are achieving the aims and objectives listed above (see clauses 2 and 3).
10.
Hours of Work and Rostered Days Off
10.1
Ordinary hours will be 36 hours per week, worked between 6.00 am and 6.00 pm. However,
ordinary hours may commence from 5.00 am by agreement between the Company and the
relevant Employees. Any change in start time will be confirmed by the Company in writing.
10.2
It is the intention of the Parties that excessive overtime will not be worked. To this end the
general standard of weekly hours will not be more than 58 hours per week.
10.3
The Parties agree that the general standard of weekly hours (being not more than 58 hours
per week), may be exceeded from time to time, where it is necessary and, following
consultation, is agreed to by the Parties to the Agreement. This includes crane crews, hoist
drivers, first aiders, concrete finishers, site security personnel, and other personnel who are
required to work additional hours as a necessity of the industry.
Criteria to be used in assessing the desirability of proposed changes to the general standard
of weekly hours include:
(a)
Impact on the quality of life of Employees;
(b)
Impact on efficiency, productivity and quality;
(c)
Financial impact on Employees;
10
JDA 8 August 2012
10.4
(d)
Occupational health and safety; and
(e)
Impact on employment creation.
Rostered Days Off (RDO's):
(a)
Ordinary hours will be worked in aiD day! 2 week cycle, with 8 hours worked for nine
of the days, and 0.8 of an hour on each day worked accruing towards an RDO.
Employees will accrue 26 RDO's over 12 months continuous service.
(b)
A roster of RDO's will be prepared following consultation between the Company and
the relevant Employees.
(c)
The Parties recognise that changes to RDOs are necessary from time to time to
improve productivity and to meet the construction program on certain projects. The
Parties agree that work may take place on a scheduled RDO following consultation
between the Company and the relevant Employees.
11.
lend lease Benefits
11.1
General
11.2
(a)
The Company, as a wholly owned subsidiary of Lend Lease Corporation Limited, is
currently able to provide a comprehensive benefits package in consideration for work
performed.
(b)
This package aims to provide meaningful income and security in the event of sickness,
accident, cessation of employment, retirement, disablement or death for Employees
and further links benefits for Employees to Company performance via profit share and
ownership of Lend Lease shares.
(c)
The Parties recognise and agree that Company obligations and Employees' rights in
respect of these benefits (except for superannuation) are not granted or regulated by
the terms of this Agreement, but by separate Trust Deeds, Rules and Agreements. It is
recognised that terms of those benefits may be altered by the Lend Lease Group or
the respective Trusts from time to time, without reference to this Agreement.
Superannuation
(a)
The Company will make superannuation contributions to a fund of the Employee's
choice, the Lend Lease Superannuation Plan (lLSP), or the Construction and Building
Industry Superannuation Fund (Cbus).
(b)
If the Employee does not choose a fund, then by default the Employee will remain (or
become) a member of the LLSP.
(c)
If the Employee is a member of LLSP:
(i)
For Employees joining the Company after 1 January 1999, the Company will
pay its employer contributions and any member contributions that the
Employee decides to make to the Accumulation Plan of the LLSP. The
Company's employer contributions to the LLSP shall be in accordance with
Appendix C or superannuation guarantee rate of 9% of the Employee's
Ordinary Times Earnings, whichever is the greater.
11
JDA 8 August 2012
(ii)
(d)
(e)
11.3
Employees of the Company prior to 1 January 1999 may be members of the
Defined Benefit Plan of the LLSP. The Defined Benefit Plan is noncontributory, and provides a Company Benefit calculated at 12.75% (after
Federal Government contributions tax) from the date of operation of this
Agreement, for each year of membership, multiplied by the Employee's
Ordinary Times Earnings over the previous three years of service.
If the Employee chooses to become a member of Cbus (or other fund):
(i)
The Company will pay its employer contributions and
contributions that the Employee decides to make to the fund;
any member
(ii)
The Company's employer contributions to the fund will be in accordance with
Appendix C or 9% of the Employee's Ordinary Times Earnings, whichever is
the greater;
(iii)
The Employee will be responsible for their own Death and Total and
Permanent Insurance arrangements which otherwise may be provided by the
LLSP or Cbus.
All other award provisions shall apply.
Lend Lease Employee Share Acquisition Plan (ESAP)
As an enhancement of the Company philosophy of Employee ownership, a non-contributory
Employee Share Acquisition Plan was created in November 1988. All full-time and permanent
part-time employees are invited to become members of ESAP form the day they start with the
Company. Employees are entitled to receive distributions on their ESAP securities. As the
Company is a private company, the securities acquired on an Employees behalf by the
Company and allocated through the plan are in Lend Lease Corporation, which is a listed
company on the Australian Stock Exchange.
11.4
11.5
11.6
Profit Share
(a)
Every 12 months the Company may distribute up to 7.5% of the Lend Lease Group's
pre-tax profits to eligible Employees on an "equal share" basis such that all eligible
Employees receive an equal amount of Profit Share;
(b)
The gross value of Profit Share will be paid in cash (with the appropriate taxation
deductions ).
Retirement Benefit Fund
(a)
The Company provides further termination benefits from the Lend Lease Retirement
Benefit Fund should a change in the control of the Company occur.
(b)
Should a change in control of the Company occur the Lend Lease Retirement Fund
provides further benefits for those Employees who cease employment during the 12
month period following such change of control.
Sickness and Accident Benefits
(a)
Company Sickness and Accident Benefits are intended to provide payment for loss of
income for Employees who suffer long term (in excess of 20 working days) sickness or
accident of a serious nature.
12
JDA 8 August 2012
(b)
Subject to the conditions outlined in this Clause, the Company will provide payment for
a loss of income by an Employee due to sickness and accident.
(c)
The Company will pay Company Sickness and Accident benefits for up to a maximum
of 24 months including accrued Award entitlements at 100% of the Employee Benefit
Rate, subject to supporting medical evidence.
(d)
The Company reserves the right to obtain independent medical opinion of eligibility for
payment of Company Sickness and Accident Benefits.
(e)
The Company is committed to the rehabilitation and safe return to work of sick or
injured Employees. Employees receiving the Company Sickness and Accident Benefit
will be required to co-operate with the Company rehabilitation efforts.
(f)
The Parties acknowledge that Company Sickness and Accident Benefits may be
provided by an external industry-based income protection schemes.
12.
Employee Payments and allowances
12.1
Weekly Rate of Base Pay
12.1
12.3
(a)
Employees will be paid a weekly Rate of Base Pay in accordance with pay rates set
out in Appendix A
(b)
The Weekly Rate of Base Pay is based on a 36 hour week.
(c)
The Weekly Rate of Base Pay is in lieu of any entitlements under Clauses 19 and 30
of the Award.
Productivity Benefits
(a)
Weekly Productivity Benefits will be provided to Employees in accordance with
Appendix B.
(b)
The benefits provided in Appendix B are in lieu of any entitlements under Clause 20.1,
20.4, 21 and 22 (excluding 21.4 and 21.10) of the Award.
Tool Allowance
In lieu of the allowance under Clause 20.1 of the Award, the following weekly Tool Allowance
will be paid to Employees to cover the cost of hand tools provided by Employees in order to
carry out their duties:
Tool
Allowance
1/1/2012
1/1/2013
1/1/2014
1/1/2015
New Entrant
0
0
0
0
CW1
$7.73
$8.12
$8.53
$8.96
CW2
$15.46
$16.23
$17.05
$17.89
CW3
$23.18
$24.34
$25.56
$26.84
CW4-9
$30.91
$32.46
$34.08
$35.78
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JDA 8 August 2012
12.4
Employee Benefit Rate (EBR)
(a)
(b)
12.5
The EBR is comprised of the following weekly amounts:
(i)
Rate of Base Pay (as per Appendix A);
(ii)
Productivity Benefits (as per Appendix B); and
(iii)
Tool Allowance (as per Clause 12.3).
The EBR will be used for the calculation of the following:
(i)
All paid leave entitlements, including annual leave, long service leave and
sick leave;
(ii)
ESAP benefits;
(iii)
Workers Compensation entitlements; and
(iv)
All purpose rate [EBR 1 36].
Meal Allowance
(a)
In lieu of Clause 20.2, 35.3(b), 35.3(c) and 35.3(d) of the Award, the following will
apply:
(i)
An Employee required to work overtime for at least one and one half hours
after ordinary hours shall be paid the specified amount in 12.5 (d) to meet the
cost of a meal.
(ii)
An Employee will be entitled to be paid the specified amount in 12.5(d) for
each meal after the completion of each four hours from the commencement of
overtime.
Meal Allowance
12.6
1/1/2012
1/1/2013
1/1/2014
1/1/2015
$23.63
$24.81
$26.05
$27.35
Travel Allowance
(a)
In lieu of the relevant fares or travelling allowances under the Award, the Employees
will be paid the following allowance:
1/1/2012
Travel Allowance
(b)
$33.60 per
day
1/1/2013
$35.28 per
day
1/1/2014
$37.04 per
day
1/1/2015
$38.89 per
day
This travel allowance shall be paid for days worked (including RDO's).
14
JDA 8 August 2012
12.7
Responsibility Payment
(a)
The rate for Leading Hands (Clause 19.2 of the Award) is replaced by a
Responsibility Payment which is payable when the following employment conditions
apply:
1st Level:
(i)
(ii)
(b)
(A)
An Employee who is required to have up to five Employees under his
or her supervision; or
(8)
An Employee who is required to supervise the work of a
subcontractor, taking the responsibility for safety, quality and logistics.
2nd Level:
(A)
An Employee who is required to have six or more Employees under
his or her supervision;
(8)
An Employee who is required to supervise the work of several
subcontractors, with full understanding of their work method
statement, safety, quality and logistics;
(C)
An Employee who is engaged in work, which has responsibility, and
skills, which are significantly higher than the CW level being paid; or
(D)
An Employee, excluding those from Queensland, performing the
duties of an elected representative.
The Responsibility Payment will be the following amounts paid as daily rates:
1/1/2012
1/1/2013
1/1/2014
1/1/2015
1 Level
$7.93
$8.33
$8.75
$9.19
2nd Level
$13.22
$13.88
$14.57
$15.30
st
12.8
(c)
When considering Levels 1 and 2, the degree of responsibility and the responsibility
level should be decided at site level by the foreman, general foreman and the
Employee concerned.
(d)
Responsibilities once agreed, are to be confirmed in writing stating its nature and
duration (minimum four weeks). This statement shall be sent to the pay office
enabling payment to be implemented.
(e)
Responsibility Payment is only payable for the time in which the Employee works
under the employment conditions described above. The Responsibility Payment is not
paid while the Employee is on leave (except Workers Compensation). The
Responsibility Payment is payable while the Employee is on an ROO.
Living Away From Home Allowance
When employees are to be engaged on Distant Work requiring them to live away from home
(refer Clause 24 of the Award), reasonable board and lodging shall be provided by the
15
JDA 8 August 2012
Company. Reasonable board and lodging shall include a well kept establishment with three
adequate meals a day, adequate furnishings, good bedding, floor covering and lighting,
heating/cooling, and with hot and cold water. Accommodation shall be in a single room where
practicable. Where it is not practicable to provide a single room, no more than two employees
shall be accommodated in any single room. In addition, $9.50 shall be paid for each night the
employee is required to be away from home.
Alternatively, the employer may choose to pay an allowance of $750.00 per week of seven
days but such allowance shall not be wages. In the case of broken parts of the week
occurring at the beginning or the ending of employment on a distant job the allowance shall
be $140.00 per day.
13.
Leave
13.1
Except as provided below the leave entitlements set out in the Award and the National
Employment Standards (NES) will apply to Employees whose employment is subject to this
Agreement (NB the Award/NES standards will apply as a minimum).
Employees will also be entitled to the following leave:
(a)
Parental Leave: If the Employee is the primary care giver of his or her child and takes
Parental Leave, and the Employee has more than 12 months continuous service the
Employee is entitled to 18 weeks paid parental leave.
(b)
Paternity Leave: All Employees with two years continuous service are eligible to apply
for five days paid paternity leave in the four weeks foliowing the birth of the
Employee's child. Employees should contact their Project Manager to obtain more
information about this entitlement.
(c)
Study Leave: Employees are entitled to apply for up to five days paid study leave per
annum for study, project or assignment work, or exam preparation.
(d)
Personal Leave (Award Sick Leave): During the first year of employment with the
employer the Employee will be entitled to paid personal leave (Award Sick Leave) at
the rate of three days in the first month and then one additional day at the beginning of
each of the next nine calendar months. At the beginning of the second or subsequent
years of any period of service with the employer, the Employee will be credited with
ten days paid personal leave entitlement. Unused personal leave shall accrue from
year to year. This clause is to be read in conjunction with Clause 11.5.
(e)
Compassionate Leave: Employees are entitled to apply for up three days paid leave
where a member of the Employees immediate family member, or a member of the
Employees household:
(i)
Contracts or develops a personal illness that poses a serious threat to his or
her life;
(ii)
Sustains a personal injury that poses a serious threat to his or her life; or
(iii)
Dies.
Employees are entitled to one day paid leave for other relatives.
(f)
Public Holidays: Employees are entitled to the following public holidays:
16
JDA 8 August 2012
(i)
New Year's Day;
(ii)
Australia Day;
(iii)
Good Friday;
(iv)
Easter Monday;
(v)
Anzac Day;
(vi)
Queen's Birthday;
(vii)
Labour Day;
(viii)
Christmas Day; and
(ix)
Boxing Day or Proclamation Day;
or such other day(s) proclaimed by the relevant StatelTerritory legislation or
State/Territory Proclamation in addition to or in substitution for any of the above days
in which case the substituted day will be deemed to be the holiday for the purposes of
this Agreement.
In addition, except for Victoria (see specific conditions in appendix Fh the first
Monday in December of each year shall be the picnic day which for the purposes of
this Agreement will be a public holiday. All Employees shall be given and shall take
the picnic day without deduction of pay.
Termination Where an Employee is terminated by the employer except for reasons of
misconduct, incompetence or refusal of duty, the employer will pay the Employee a
day's ordinary wages for each holiday or each holiday in a group as prescribed in
13.1 (f) hereof which falls within ten consecutive calendar days after the day of
termination.
Group of Holidays
Where any two or more of the public holidays prescribed in 13.1 (f) occur within a
seven (7) day span such holidays will for the purpose of this Agreement be a group of
holidays. If the first day of the group falls within ten consecutive days after
termination, the whole group will be deemed to fall within the ten consecutive days.
Christmas Day, Boxing Day and New Year's Day shall be regarded as a group.
Payment for Work on Public Holidays
An Employee required to work on a public holiday identified in 13.1 (f) or the day after
Good Friday will be paid at the rate of double time and a half. An Employee required
to work on a public holiday identified in 13.1 (f) or the day after Good Friday will be
paid for a minimum of four hours work at the rate of double time and a half.
(g)
Annual Leave: Annual Leave shall accrue at the rate of three hours each week (i.e. 36
ordinary hours) of service totalling four weeks or 20 days per annum.
13.2
The Company has leave policies which set out the manner in which these entitlements to
leave shall be applied at the workplace.
13.3
Employees shall be able to take single annual leave days where two weeks notice is given
and approved by the Company.
17
JDA 8 August 2012
14.
Environment Health &
14.1
The Parties commit to striving for innovative solutions to EH&S challenges and achieving best
practice on Company projects. Accordingly the Parties agree to:
15.
(a)
Implementation of the Company EH&S Policy (Refer to Appendix E) Rehabilitation
Policy, and any other Company policy or Global Minimum Requirements developed,
following consultation, relating to EH&S issues;
(b)
Developing an Alcohol and Other Drug Policy in consultation with Employees, and
where required, on a site specific basis. The Company Alcohol and Other Drug Policy
will prohibit Employees from operating equipment or attending work on Company
projects while the Employee is under the influence of any alcohol or other drug set out
in the policy;
(c)
Organising work so that the health and safety of all Employees and protection of the
environment are recognised as being of paramount importance and is therefore
integrated into the Environmental Health and Safety Plan;
(d)
Implementation of a project Safety and Environment Plan involving consultation
between all necessary Parties to achieve participation and commitment to reducing the
potential for injury to occur to people and risk of damaging the environment on
Company projects;
(e)
Implementation of an EH&S skilling programme on all projects based on a continuous
improvement cycie;
(f)
Consultative mechanisms to address environment health and safety issues. Such
mechanisms may include:
(i)
Election of Employee health and safety representatives; and
(ii)
An environment health and/or health and safety committee.
Electronic Funds Transfer
Employees will be paid by electronic funds transfer. The Employee's pay will be transferred
into the nominated account on the Thursday of each working week.
16.
Employee Representatives
16.1
Elected Employee Representatives will be given:
(a)
Appropriate time and facilities to assist them in their duties which can include: a
lockable cabinet and notice board for the keeping of records, access to a meeting
room, access to a telephone and computer for legitimate Union business, access to
facsimile and photocopier from existing resources;
(b)
The opportunity to attend paid training relevant to the role of Employee
Representative, including trade Union training, to a maximum of ten days per annum;
(c)
Paid time to attend Employee or Union meetings during working hours, where
authorised by the Company prior to the meeting;
18
JDA 8 August 2012
(d)
Be treated fairly and to perform their role as Employee Representative without any
discrimination in their employment;
(e)
Formal recognition by the employer that endorsed Employee Representative speak on
behalf of Union members in the workplace;
(f)
Paid time to address new Employees about the benefits of union membership at the
time that they enter employment; and
(g)
The opportunity to place Union information on a noticeboard in a prominent location in
the workplace.
17.
Inclement Weather
17.1
The Parties to the Agreement will collectively proceed towards the minimisation of lost time
due to inclement weather. Except where a specific provision of an Appendix to this Agreement
applies, the Parties undertake to adopt the following principles with regard to inclement
weather and idle time created by inclement weather:
(a)
Adoption of a reasonable approach regarding what constitutes inclement weather;
(b)
Employees shall accept transfer to an area or site not affected by inclement weather if,
in the opinion of the Company, useful work is available in that area or site and that
work is within the scope of the Employee's skill, competence and training consistent
with the classification structure and the Company provides, where necessary,
transport.
(c)
Where the initiatives described in (b) above are not possible or non-productive, the use
of non-productive time will be used for activities such as relevant and meaningful skill
development; production / upgrade of skill modules; presentation and participation in
learning; planning and reprogramming of the project;
(d)
Conference requirement and procedure: The Company, or his/her representative,
shall, when requested by the Employees or a representative of the Employees, confer
(within a reasonable period of time which should not exceed 30 minutes) for the
purpose of determining whether or not conditions are inclement. Weather shall not be
regarded as inclement unless it is agreed at such conference. Provided that if the
employer or his/her representative refuses to confer within such reasonable period,
Employees shall be entitled to cease work for the rest of the day and be paid inclement
weather.
(e)
Safety: Where an Employee is prevented from working at his/her particular function as
a result of unsafe conditions caused by inclement weather, he/she may be transferred
to other work in his/her trade on site or until the unsafe conditions are rectified the
Employee shall remain on site. He/she shall be paid for such time without reduction of
his/her inclement weather entitlement.
(f)
The principles contained herewith are to be read in conjunction with Clause 23 of the
Award.
18.
Employment I Retrenchment Procedures
18.1
To help minimise misunderstandings and differences of interpretation, the Parties agree to the
following employment procedures:
19
JDA 8 August 2012
(a)
Employment Procedures
(i)
(ii)
A probationary period of the first four weeks of employment will apply to all
new Employees. During this period:
(A)
if the new Employee has not already had one, he or she will be
required to have a medical examination by a doctor nominated by the
Company; and
(8)
the Employee's performance will be assessed.
During the probationary period:
(A)
if, as a result of the medical examination, the Company forms the
opinion that the Employee is not fit for the position; or
(8)
the Employee's performance does not meet the required standard;
(C)
the Company may terminate the Employee's employment by one
week's written notice or payment in lieu thereof. Similarly, the
Employee is required to provide one weeks notice of termination
should the Employee choose to resign within this time.
The results of any medical test will be made available to the Employee.
(b)
Retrenchment Procedures
(i)
An Employee under notice of retrenchment will be allowed to be absent from
work, by prior arrangement with the Company, to seek new employment on
anyone day during the week without loss of pay.
(ii)
The Company maintains its right to decide which Employee(s) will be
retrenched but will offer voluntary retrenchments as a first step. When
determining Employee(s) to be retrenched, the Company will take into
account all circumstances of employment, including length of service.
(iii)
When any retrenchments are planned there will be suitable consultation with
the Parties regarding all issues relating to the redundancies, including
alternatives to retrenchment and benefits payable.
19.
Conflict Resolution
19.1
The Parties recognise that one of the aims of the Agreement is to eliminate lost time in the
event of a dispute and to achieve prompt resolution. The most effective procedure is for the
responsibility for resolution to remain as close to the source of the dispute as possible. To this
end, the following processes are agreed:
(a)
Disputes Procedure
In the event of a dispute occurring, the following procedure will be adopted:
(i)
Discussion between those directly affected;
20
JDA 8 August 2012
(ii)
Discussion on the project between the site management and the Employee
affected or a representative nominated by the Employee (including Union
delegate);
(iii)
Discussion between senior Company management and the Employee
affected, or if nominated by the Employee their Representative or appropriate
Union official;
(iv)
The relevant Union official commits to make him/herself available to be
involved at any stage of the procedure as required, or in respect of any
potential dispute. The Company agrees to facilitating access to the project for
the relevant Union official to represent Employees under this procedure
subject to the Union official complying with all site rules and reasonable
requests and reasonable directions of site management.
A dispute will not be referred to the next level of the above procedure until a genuine
attempt to resolve the matter has been made at the appropriate level.
(b)
Reference to the relevant State Board or Panel
If the dispute occurs in Victoria or Queensland, and still exists after the above
disputes procedure either party may refer the dispute to a State Industry Dispute
Panel or Board constituted under Australian Government or State law. This subclause does not prevent any of the parties to the dispute from referring the dispute to
Fair Work Australia (FWA) either before or after any decision or recommendation of
the State Board or Panel. !f the matter has been referred to a State Industry Dispute
Panel or Board constituted under Australian Government or State law, once a
decision has been handed down the matter may be referred by either party to FWA
within 14 days.
(c)
Reference to Fair Work Australia
A dispute may be referred to FWA for conciliation and if required, arbitration, in either
of the following circumstances:
(d)
(i)
If the dispute still exists after the above disputes procedure has been carried
out, the dispute may be referred by any of the parties to the dispute to FWA;
or
(ii)
If any party to the dispute refuses or fails to follow any step of the above
disputes procedure the non breaching party will not be obligated to continue
through the remaining steps and may immediately refer the matter to FWA.
Notice of Disputes
Should a dispute arise and it does not appear to be one which can be settled
immediately, the party raising the matter will notify the other party or parties by
telephone within 48 hours of the dispute arising and confirm it in writing.
20.
Work Continuity
Work shall continue without interruption or dislocation during discussion and resolution of
disputes.
21
JDA 8 August 2012
21.
Protective
All Employees will be issued with clothing as set out in the relevant appendix applicable to the
State/Region. All clothing will, where possible, be of Australian manufacture and meet
Australian standards.
22.
22.1
22.2
This Agreement incorporates the industry specific redundancy scheme from Clause 17 of the
Award including Clause 17.4(a).
Redundancy Fund
The employer shall be a participating employer in the relevant State/Territory redundancy
fund. All Employees will be enrolled in the said fund and will be entitled to redundancy
payments in accordance with the relevant State/Territory appendix.
(a)
A worker who is absent from work on authorised paid leave on any ordinary working
day during the normal pay week shall be deemed to have completed a complete week
of eligible service and contributions shall be made in respect of that week and service
entitlements shall accrue in respect of that week.
(b)
Work related injury or illness
In the event of an Employee's absence from work being due to work related injury or
illness, contributions at the normal rate shall continue for the period of the absence
provided that:
23.
(i)
A person remains an employee of the employer; and
(ii)
The Employee is receiving workers compensation payments or is receiving
regular payments or is receiving regular payments directly from the employer
in accordance with statutory requirements or the provisions of this
Agreement.
long Service leave
Long Service Leave will be as per the relevant State/Territory legislation and lor scheme.
24.
Individual Flexibility Clause
24.1
The Company may agree with an Employee covered by this Agreement to an arrangement
(an individual flexibility arrangement) which varies clause 10 of this Agreement to meet the
genuine needs of the Company and Employee.
24.2
Where the Company wants to enter into an arrangement it must provide a written proposal to
the Employee. Where the Employee's understanding of written English is limited, the
Company must take measures, including translation into an appropriate language, to ensure
the Employee understands the proposal.
22
JDA 8 August 2012
24.3
Provided however that the Company must ensure that any arrangement is genuinely agreed
to by the Company and the Employee.
24.4
The Company must also ensure that any such arrangement is:
24.5
25.
(a)
In writing (including details of the terms that will be varied, how the arrangement will
vary the effect of the terms, how the Employee will be better off overall in relation to
the terms and conditions of his or her employment as a result of the arrangement, and
the day on which the arrangement commences);
(b)
Signed by the Parties, and if the Employee is under 18, by a parent or guardian of the
Employee;
(c)
Provided to the Employee within 14 days after it is agreed to; and
(d)
Able to be terminated by either party giving written notice of not more than 28 days, or
at any time by both Parties agreeing in writing.
The Company must further ensure that the terms of the individual flexibility arrangement:
(a)
Are about permitted matters under section 172 of the Fair Work Act 2009;
(b)
Are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c)
Result in the Employee being better off overall than the Employee would be if no
arrangement was made.
Jury Service
25.1
An Employee required to attend for jury service during ordinary working hours will be
reimbursed by the employer an amount equal to the difference between the amount paid in
respect of the Employee's attendance for such jury service and the amount of wage and
allowances the Employee would have received in respect of the ordinary time the Employee
would have worked had the Employee not been on jury service.
25.2
An Employee is required to notify the employer as soon as possible of the date upon which
the Employee is required to attend for jury service. Further, the Employee will give the
employer proof of attendance, the duration of such attendance and the amount received in
respect of such jury service.
26.
Provision Of Tool lockers
An employer shall provide on all construction jobs in towns and cities, and elsewhere where
reasonably necessary and practicable (or if requested by the Employee), a suitable and
secure waterproof lock up solely for the purpose of storing Employees' tools, and on multistorey and major project jobs the employer shall provide, where possible, a suitable lock-up
for Employees' tools within a reasonable distance of the work area of large groups of
Employees.
23
JDA 8 August 2012
27.
Mode of Recruitment and
Labour
The employer recognises that in certain circumstance the use of contractors and labour hire
may affect the job security of Employees covered by this Agreement.
The application of these requirements on new projects shall recognise location and
circumstance, and where the requirements as noted below would provide a competitive
disadvantage to the company. In these circumstances the Company and the Unions may
agree to vary these requirements. This Agreement may not be unreasonably withheld.
27.1
Use of Contractors
If the Company wishes to engage contractors and their Employees to perform work that may
be performed by Employees covered by this Agreement, the Company must:
27.2
a)
Consult in good faith with potentially affected Employees and their union. Consultation
will occur prior to the engagement of sub-contractors for the construction works;
b)
If after consultation, the Company engages subcontractors to perform work that may be
performed by Employees covered by this Agreement, it will require that those
subcontractors employees are engaged on terms and conditions of employment which
are no less favourable overall than commercial building industry rates. "Commercial
building industry rates" means the terms and conditions contained in the range of
standard regional CFMEU enterprise agreements covering the type of work performed by
the subcontractor and its Employees.
Use of Supplementary Labour Hire
Where there is a need for supplementary labour to meet temporary/peak work requirements,
such labour may be accessed from bona fide businesses, including subcontractors and labour
hire companies, following consultation with the Company Consultative Committee and/or
Union(s) party to this Agreement. The Company will require those businesses to ensure that
any workers engaged by such businesses and performing work that is currently being or in
the future being, carried out by direct Employees of the Company, shall receive wages,
allowances and conditions no less than those contained in this Agreement, excluding Lend
Lease company benefits.
Supplementary labour is defined as temporary 'top up' labour designed to meet short
situations such as absences due to sick leave, annual leave, and short time work peaks. The
Company undertakes not to use supplementary labour for a period of more than four weeks.
28.
Electronic Site Access Systems
Site access issues shall be discussed on a site by site basis between the Parties to this
Agreement.
The particular type of system to be installed will be reviewed for each project. having regard to
the projects hours of work, work force numbers and available technology in order to alleviate
"bottle necks" and inconvenience to workers in its operations. These issues to be referred to
the Regional Consultative Committee (as required) for review and application.
24
JDA 8 August 2012
Information gathered will reflect information supplied during the induction process. The
purpose of this system is not to be used as a "Bundy clock".
The employer will comply with the National Privacy Principles in the Privacy Act in relation to
any information they hold in relation to Employees under this Agreement.
25
JDA 8 August 2012
Coleman OAM - Managing Director, Australia
Signed on behalf of Lend Lease Project Management &
Construction (Australia) Pty Limited
David Noonan - National Secretary
Signed on behalf of Construction Forestry Mining and
Energy Union, Construction and General Division
l:('"I/
Members of the National Agreement Committee and State Union Officials
Frank O'Grady
CFMEU National
Stuart Maxwell
CFMEU National
Eric Hensley
LLPM&C
Robert Kera
CFMEU NSW
Darren Taylor
CFMEU NSW
Robin Fadel
LLPM&C
Peter Barrett
LLPM&C
Peter Genovese
LLPM&C
Gordon Cameron
LLPM&C
Lawrence Kelly
LLPM&C
Mark Lavelle
LLPM&C
Elias Spernovasilis
CFMEU VIC
Andrew Asker
LLPM&C
Steve Broadhead
LLPM&C
Colin Coram
LLPM&C
Mark Peterson
LLPM&C
Jason O'Mara
CFMEUACT
Greg Phillips
LLPM&C
James Bodsworth
LLPM&C
Peter Close
CFMEU OLD
Kane Pearson
CFMEU (BLF) OLD
Mick Tully
LLPM&C
Bill Timms
LLPM&C
Scott Stenner
LLPM&C
Ian McKewin
LLPM&C
Michael Swanson
LLPM&C
·······<Jij··rfW··················
..... ....
..................... 26
JDA 8 August 2012
A-
11\1<'0&,1"
Base
WEEKLY RATE OF BASE PAY
1/1/2012
New Entrant
CW1
CW2
CW3
CW4
CW5
CW6
CW7
CW8
CW9
1/1/2013
1/1/2014
1/1/2015
932.05
978.65
1027.58
1078.96
985.75
1035.04
1086.79
1141.13
1011.58
1062.16
1115.27
1171.03
1031.96
1083.56
1137.74
1194.63
1052.24
1104.85
1160.09
1218.09
1097.21
1152.07
1209.67
1270.15
1143.46
1200.63
1260.66
1323.69
1189.69
1249.17
1311.63
1377.21
1235.24
1297.00
1361.85
1429.94
1279.68
1343.66
1410.84
1481.38
27
JDA 8 August 2012
B-
Benefits
SCHEDULE OF WEEKLY PRODUCTIVITY BENEFITS
New Entrant
eW1
eW2
eW3
eW4
eW5
eW6
eW7
eW8
eW9
1/1/2012
1/112013
1/1/2014
1/1/2015
163.05
171.20
179.76
188.75
173.79
182.48
191.60
201.18
178.47
187.39
196.76
206.60
182.21
191.32
200.89
210.93
185.83
195.12
204.88
215.12
193.76
203.45
213.62
224.30
201.34
211.41
221.98
233.08
209.06
219.51
230.49
242.01
216.7
227.54
238.92
250.87
224.35
235.57
247.35
259.72
28
JDA 8 August 2012
cSCHEDULE OF WEEKLY SUPERANNUATION CONTRIBUTIONS
(Accumulation plan members)
New Entrant
CW1
CW2
CW3
CW4
CW5
CW6
CW7
CW8
CW9
1/1/2012
1/1/2013
1/1/2014
1/1/2015
167.79
176.18
184.99
194.24
173.75
182.44
191.56
201.14
176.98
185.83
195.12
204.88
179.66
188.64
198.07
207.97
182.32
191.44
201.01
211.06
186.64
195.97
205.77
216.06
191.01
200.56
210.59
221.12
195.42
205.19
215.45
226.22
199.71
209.70
220.19
231.20
204.04
214.24
224.95
236.20
29
JDA 8 August 2012
D - Skills
1
Introduction
1.1
2
The Parties to this Agreement have identified the need to develop Companies of
highly skilled employees recognised and rewarded for their skills and for their
contribution in the workplace. To achieve this, a Skill Development line has been
developed that:
(a)
is suited to the preferred work organisation and on-the-job learning;
(b)
provides a career progression for employees;
(c)
reward skills acquired, in terms of both depth and breadth, and
(d)
has components that can be endorsed by the CPSISC for industry-wide
acceptance and portability, and components which are specific to the
Companies only.
1.2
Skill development will be provided in accordance with the Skill Development line
through structured learning in the workplace, on-the-project learning with skill
development modules and off-the-project learning through external programmes.
Skill development outside the skills development line and the Employee's learning
agreement will be considered on its merits and in terms of its applicability to the
business.
1.3
Current and new employees will enter the Skill Development Programme and shall
undertake necessary retrospective skills development in accordance with the skills
development line.
1.4
The skills development manual is an integral part of the Skill Development
Programme and it is agreed that it is incorporated as part of the Agreement.
Definitions
"Assessment" is the method used to measure the competency level of an employee against
a set standard.
"CPSISC" means the Construction and Property Services Industry Skills Council.
"Elements" are the components of a skill development module and will address the training
requirements for the skill, etc using classroom techniques, on the job skilling, self paced
computer based techniques or other skill development techniques as introduced from time to
time.
"Employee Skill Development Plan" refers to the particular programme of learning which
has been mutually agreed between the employee and their supervisor.
"Entry assessment" is an assessment of the current skills of an Employee upon
commencement of the Skills Development line and is used to assist in determining the
individual's skill development plan. Entry assessment is also designed to determine whether
a particular individual meets the set standard of competency and hence is exempt from a
relevant skill development module or course.
30
JDA 8 August 2012
"External Programmes" refers to skill development, which has been nominated for inclusion
within the skills development line, conducted by an external body which sets the standard of
competency to be achieved.
"General, Common and Lend lease Skills" are the skills which may be undertaken at each
level.
"Essential Learning, General Skills, Common & Specific Hand Skills and General EHS
Skills" are the Core Skills which may need to be undertaken at each level.
"'ndustry Recognition" is awarded to the Employee who reaches a set industry standard of
competency in a skill, and endorsed at that standard by an approved assessor within the
guidelines of the CPSISC.
"learning Programme" is made up of Work Based Learning which is linked to the work role
in the following ways:
(a)
"On-the-job Structured Learning" occurs when an Employee is allocated work
activities which are productive and at the same time provide an opportunity for
learning.
(b)
"Off-the-Project Learning" which by participating in internal/external programmes,
provides learning opportunities for the Employee away from the workplace.
"Performance Appraisal" is the mutual agreement between the Employee and the
supervisor, that agrees the Learning Programme to be undertaken by the Employee to move
to the next level in the Skills Development Line.
"Pre-assessment" is an assessment of an employee at the completion of each skill
development module which is designed to indicate whether the employee has reached the set
standard of competency.
"Skill development module" is a learning programme for a set of skills relating to the
Employees work in the Companies. Each module consists of one or more elements.
3
Assessment
3.1
Any Employee who is pre-assessed and is able to demonstrate the set standard of
competency prior to undertaking a Skill Development module or course will not be
required to undertake that particular Skill Development module or course and will be
recognised in accordance with the Skills Development Line.
3.2
At the completion of a Skill Development module the employee shall be objectively
assessed according to a set standard. If the Employee achieves this set standard the
Employee will be deemed to be competent for the purpose of that Skill Development
module, and will be recognised.
3.3
To formalise recognition the Employee will be issued with a certificate, where the
training is recognised by CPSISC by the relevant external party, which confirms
his/her recognition for the skill nominated.
3.4
The set standards referred to above will be established by management in
consultation with the Skill Development Committee. This set standard will be used in
31
JDA 8 August 2012
entry assessment, pre-assessment and skill development module assessment. The
set standard will form part of the appropriate Skill Development module.
4
3.5
The Skill Development Committee will nominate and maintain a list of all approved
company assessors for each skilling module.
3.6
A register containing details of the skills recognised for each Employee under the
Skills Development Programme will be maintained.
Each Employee or the
Employees duly authorised representative will have access to the Employee's
personal register.
Recognition
The Company agrees that as far as is practicable, registration of modules, trainers, assessors
and skill centres will conform to industry standards.
5
Common, General and lend lease Skills
5.1
There are a number of skill development modules which are deemed to be core skills,
for each level, they are:
(a)
General Skills (Mandatory)
These are Communication, Environment, Health & Safety, Plan Reading and
Organising Work. These are skills that have been proposed within industry
as prerequisites under any skill development system. They will be included at
selected levels of the skills development line and aim to provide base or
minimum skills for all employees.
(b)
Common Skills (Mandatory)
These are skills that have been proposed within the industry as prerequisites
under any Skill Development system.
These are task skills and knowledge that are required by all site Employees. It
is proposed that these skills be mandatory at all levels.
(c)
Lend Lease Skills & Knowledge (optional)
At the entrant level, as part of the induction process it is proposed that
probationary employees gain a detailed knowledge of the various features of
the Company, conditions of employment and major policieslinitiatives of the
Company. This will include areas such as Employees benefits, safety
systems, the environment and workplace reform.
It is also likely that
Employees will get updates of this knowledge at regular periods beyond the
entrant level.
Essential learning, General Skills, Common & Specific Hand Skills and General EHS
Skills
5.2
There are a number of skill development modules, tickets and training requirements
which are deemed to be core skills, for each level, they are:
(a)
Essential Learning (Mandatory)
32
JDA 8 August 2012
New Starters - These are Orientation, lend lease Induction, Introduction to
the CW Skills Manual and Training resources, Industry Induction, Manual
Handling Training and the lend lease Safety Passport.
Skill level 1 - Computer Basics 1
These are skills that have been agreed as prerequisites under the Skill
Development system. They will be included at the specific levels of the skill
development line and aim to provide base or minimum skills for all
employees.
(b)
Common & Specific Hand Skills (Mandatory)
These are skills that have been proposed within the industry as prerequisites
under any Skill Development system.
These are task skills and knowledge that are required by all site Employees. It
is proposed that these skills be mandatory at all levels.
(c)
General EHS Skills (Mandatory)
These are the EHS skills and additional training requirements to be
completed if within individual's CW Skills Classification level and if required
for specific tasks identified as part of an individual CW's project role and
responsibility as specified in the lend lease "EHS Task and Position
Competency Matrix".
(d)
lend lease Skills & Knowledge (optional)
At the entrant level, as part of the induction process it is proposed that
probationary employees gain a detailed knowledge of the various features of
the Company, conditions of employment and major policies/initiatives of the
Company. This will include areas such as Employees benefits, safety
systems, the environment and workplace reform.
It is also likely that
Employees will get updates of this knowledge at regular periods beyond the
entrant level.
5.3
6
At levels beyond entrant level, consistent with the ideal of creating self-managed work
area teams, it is proposed that a range of soft and management skills be available to
employees. These skills are optional at all levels through the Skill Development line,
though it should be noted that they are key skills as employees take on roles that
include coaching, facilitating, coordinating and which are more aligned with current
management roles.
Task Specific Skills
6.1
These skills form a large component of the Skill Development line and are the task
and technical skills that employees apply in carrying out work on site. By definition,
tasks are routine by nature, have a sequence of steps, have a definite start and finish
and produce a tangible outcome. The task skills have been grouped to suit the
favoured work organisation and placed in levels to reflect increasing complexity.
6.2
Given that there exists the industry benchmark of a trade qualification that is gained
by either undertaking an apprenticeship ("fast track" learning) or by learning the skills
over a longer period of time on the job, this benchmark has been reflected in the
33
JDA 8 August 2012
model. This also enables learning objectives that currently exist in the TAFE
curriculum to be used as guides for the levels and scope of Employee skills. The
trade level in the model is level 4.
6.3
The preferred skill formation concept is based on skills being learnt on-the-job ie. in
performing the work in a team, skills can be shared and transferred. As a result, and
respecting the levels in a current trade course, Employees skill acquisition is very
closely related to the work performed.
6.4
That is, they will perform tasks needed most of the time using skills at a higher level
but will also have secondary skills at lower levels that will be used less of the time.
6.5
In achieving level 2, Employees gain a broad range of skills at a low level, being
In achieving level 3,
secondary skills for general application in that team.
approximately half the skills will be secondary and the other half in a primary skill.
This is the first specialisation that Employees undertake. In achieving level 4 another
primary skill is learnt and practised and one optional skill which extends one of the
primary skills to the level of TAFE tradesperson. Some skills will have prerequisites
that require a particular sequence of modules to be undertaken to progress.
In achieving level 4 additional Core Skills are learnt and practised along with selected
Elective Skills to the level of TAFE tradesperson. Some skills will have prerequisites
that require a particular sequence of modules to be undertaken to progress.
6.6
At levels 5 and 6 opportunity exists for Employees to specialise further through
undertaking more advanced versions of their primary skil! or develop skills which
make them technical experts in the technical aspects of work undertaken.
6.7
At level 7, 8 and 9, there is a greater focus on skills such as leadership and
organisational skills. These are the types of skills that will aid in enabling an
Employee to become genuinely self-managed and will include cost controls and
budgets, estimating, counselling and performance appraisal, etc. They will also
provide the link for Employee's career progression to supervisory position.
6.8
Skill Level Requirements
These are specified within each skill level of the CW Skill Development Manual, which
is issued to all CW Employees and covers requirements to satisfy the Core and
Elective skills.
7
Skills Development line
7.1
The Skill Development Line, will be adapted for the life of this Agreement or until an
industry agreed approach exists through an Award variation.
7.2
The Skill Development modules are being developed by groups of Employees
throughout the Company. The Parties agree to work together so that modules will be
available progressively.
7.3
Table 1 outlines the new skill levels:
Skill Level
Relativities % of Base Pay
Induction
85.0
34
JDA 8 August 2012
Skill level
8
9
Relativities % of Base
Level 1
92.0
Level 2
95.0
Level 3
97.5
Level 4
100.0
Level 5
105.0
Level 6
110.0
Level 7
115.0
Level 8
120.0
Level 9
125.0
7.4
Progression from level to level after completion of skills modules and in accordance
with the skills development line is directly dependent on gaining registration for
successfully completing Skill Development modules and courses or by preassessment.
7.5
Progression through the skill development line will be competency based but may
also include some time based elements. Competency based assessments allow
recognition of a skill on the satisfactory completion of a specified task to a particular
quality within an acceptable time.
Induction
8.1
All new employees to the Company regardless of entry level will undertake a four
week probationary Company Induction Period.
8.2
During this period if no formal evidence of skills or qualification is provided they will be
paid at the induction rate, and will undergo an assessment. Following assessment
the revised rate of pay will be in accordance with the individual's skill level (as per
Appendix A) accordingly from the first date of employment.
Employee Skill Development Plan
9.1
To enable each employee to progress along the Skill Development Line, an individual
Employee Skill Development Plan will be formulated between the Employee and the
supervisor that will take into account the needs of the individual and the Company.
9.2
Once the Skills Development Plan has been mutually agreed the Employee and the
supervisor will enter into a "learning agreement".
9.3
Should an Employee have reason to question the implementation of his/her Skill
Development Plan, the matter may be referred to the relevant Skill Development
Manager.
35
JDA 8 August 2012
10
11
9.4
Every endeavour will be made to schedule appropriate skilling in a reasonable time
frame, dependent on site learning opportunities, skilling resources, personnel, etc.
9.5
The Employee Skill Development Plan should be formally reviewed every six months
by the Supervisor and the Employee. When the Employee has completed and
passed all competency standards to progress to the next level, a new Employee Skill
Development Plan will be establishedusing the "Recommended Learning" section of
the Skills Database Employee Sheet.
9.6
Skills gained outside the agreed Learning Agreement will not be recognised or paid
for unless the Employee is directed to use these skills.
Changes to the Company Skills Development Programme
10.1
It is accepted that it may be necessary from time to time to amend or delete Skill
Development modules/courses or adjust the Skills Development Line.
10.2
Proposed variations are to be submitted to the Skill Development Committee who will
invite submissions from the Parties and after the lapse of a specified period, advise
the Parties to the agreement of any changes to the Skills Development Programme.
10.3
A change will not disadvantage employees who are undertaking a skilling
module/course at the time of the variation or employees who have already received
recognition for the skilling module/course.
Skills Development Committee
11.1
The Parties agree to the continuance of the Skills Development Committee that will
review and advise the Company on the following issues:
(a)
Competency standards as proposed by management and employees under
the guidelines of the CPSISC;
(b)
Relativity among skills modules;
(c)
Consistency of standards;
(d)
Meeting of CPSISC industry standards (as minimum) in terms of modules,
trainers/assessors and skill centres, and
(e)
Maintenance and improvements to the Skill Development Line CW1-9.
11.2
The committee will consist of employees and management and will be chaired by the
Company Skills Development Manager. Industry representation will be encouraged
to attend these meetings.
11.3
The committee will also advise the Skills Development Manager in setting guidelines
for the following issues:
(a)
Providing input into CPSISC
(b)
Reviewing current skill levels
(c)
Design at individual Learning Programme
(d)
Skill Development Plan
36
JDA 8 August 2012
(e)
Learning Agreements
(f)
Monitoring progress
(g)
Development of training material
(h)
Coordinating update of modules
(i)
Coordinating the publishing of material
U)
Monitoring the life cycle of modules.
37
JDA 8 August 2012
E - Lend Lease EH & S
ti1e COi1111litted to operOiing 1!I6::1ont 1I':d Injul)' Free w!le'elef -,re have We l:e!ieve the '5l1eS &ds 'l"jQl!t
Ij:,;t We believe each of us IS accountable for safety and Be accoo-:t;b'e for safe kf ROe l1"()de!safety Exi':':'Cise integrity in rroman!s cf lnll:!t
FI)\;()\II/ up and follow eX?"::i: OIZ eoti1ers a,ji';,;<.'e safe to:
We believe Ihat safety must al1l/iilYs corne fiffit 21M ti1efeibre e.;q:lect !tat:
·Safe:y is CUI highest p1i,Jlit'j ar;,j first in all,:ul bu:;oi1"",. il!:d 'Ne do not COTIP'ThTIse safely. ine3pe::li"'" of me n:arket or !!:e l:<JSc1::;;.);: I}ppiY!un1;!·.
W", hil',e dear aM Ilfeswres te:, continuowJy safety We belie'.'1l Ihat all incidents are pre'lentlille merefoee we:
Deimi't',:1 i't'<i cl&,'5£q'! safeti' i>EI1a·,icuFS .3Ild attiludes eifel)'ore 'iIi"!; Vi'J"K Mt';"
Rfr:i!ce ti1e need to ,e:y 00 inlfvicl'..:l bei'la'licUfS trlfOll\;11 des'9I1 SoiWOCK
Inve"ot appropriately 'i'l £.afecy
silT\tde. c!earlj'-CO!11ITlllflic.z;J sian:l'i"OO.
Learn ;:;;:m ,m:i best L;;;"'d [r.Jlse reo:,;!t'ises ti:-e 11} play it ti1e prvtedioc ",,{Ii of the er'Vilf"Y"Jrent in \\I1hj>: we w:fk
1I':cd Ir,'e, As a COl'8t!IJctioe;comJany. we pp:m:;te &e lise of tec"l1iqlJSS and resOJrre; in
me delivery' OIZ w:;.'K as as ,;cling .. in cur interacoon ,t'Ii\h Cf"JlTffi..nires in v.i1irfi we w.:l'i<:. We frle
1f9:;':Y orr DU!' aif'vities .'i"<i we are aDX<Jnt;bie what we iake, l'I'1at Ire an:! '...nat we leave c;;hird
tc elin:inating ham: 10 'l1i";'1isin;! affy im¥act an::! l'iill ""''''';',,,,i,,, all eFl',iro'tmet'iai 1'I':fk
ar;.:i he:lC!! ard safety legisiatioo, re1Jlaticn and oti:er requirffnel'ts as a rnSimlm. W", ','iill miNe ...,ell
set ne'll
[- et"lFcIIlT.entilL heail'l and sa:ety where'm po-»jble.
'lie are Lerd Leu:::..e 2f; A'Jslralia ig. cofllT'itied tJ oe,gcil'lg in:pro'lffi:Emt 'f re:cat':<1 to err'lironment "'e:ltl! arc:! safety and t':€1ef':te Iff]
continua:y m::!1it::r. ilFl:i'"se and 16311:: !tem 0'1 We ,c:mn:it a:i OLl' operac,::!1S r, Ausl!aJia 10 t'lis pci;:y.
Murray Coleman
Mimaging [)ireetO'f - AustralIa
38
JDA 8 August 2012
F - Victoria
1.
1.1
2.
This Appendix will apply only to work performed by Employees in Victoria.
Crane Erection & Jumping
Cranes and man/material hoists may be erected and/or raised Uumped) during times when
ordinary production works are in progress subject to the work being done in full compliance
with a relevant site safety plan.
3.
4.
Redundancy
3.1.
The Company is, and will remain during the life of this Agreement, a member of the
Redundancy Payment Approved Workers Entitlement Fund 1 ("Incolink Number 1
Fund") of which Redundancy Payment Central Fund Ltd ("Incolink") is trustee.
3.2.
Employees will be enrolled in the Incolink Number 1 Fund and be entitled to
redundancy benefits in accordance with the terms of the Trust Deed.
3.3.
The Company shall pay contributions to the Incolink Number 1 Fund on behalf of
each employee (other than apprentices) on a weekly basis in accordance with the
Trust Deed.
3.4
References in this clause to "Incolink Number 1 Fund" include a reference to another
fund for comparable purposes nominated by Incolink for the purpose of this
Agreement as a fund which supersedes the Incolink Number 1 Fund.
Geographic Area and Sector Specific Allowances
The following allowances and conditions shall apply where relevant:
4.1
(a)
Amounts payable in lieu of site allowance:
Fast Food Allowance
The employer shall pay an allowance of $2.10ph on all fast food construction, and on
refurbishment with building permit value in excess of $350,000.
These amounts shall be increased during the life of this Agreement as follows:
Allowance
From
From
From
From
1 March
1 March
1 March
1 March
2012
2013
2014
2015
$2.20
$2.30
$2.40
$2.50
Building Permit Value
$370,000
$390,000
$410,000
$430,000
Provided that on projects in excess of the site allowance threshold contained in Appendix
C, the site allowance prescribed by Appendix C shall apply.
(b)
Alpine Areas
The employer shall pay an Alpine disability allowance of $2.95 per hour worked on
projects in alpine areas.
This allowance shall be increased during the life of this Agreement as follows:
From
From
From
From
1 March
1 March
1 March
1 March
2012
2013
2014
2015
$3.10
$3.25
$3.40
$3.55
39
JDA 8 August 2012
Events including Phillip island Motorcycle Grand Prix, Avalon Air Show, Albert
Formula One Grand Prix, etc
(i)
With the exception of the Albert Park Formula One Grand Prix, the employer shall
pay an allowance of $2.60 per hour worked on the above projects.
This allowance shall be increased during the life of this Agreement as follows:
From
From
From
From
(ii)
(d)
1 March
1 March
1 March
1 March
$2.75
$2.90
$3.05
$3.20
2012
2013
2014
2015
The employer shall pay the current City of Melbourne (New Projects) site allowance
provided for under Appendix C of this Agreement per hour worked on the Albert Park
Formula One Grand Prix project.
Demolition work
(i) Where employees covered by this Agreement are employed in connection with and
on work with employees of demolition contractors on major demolition works they shall be
paid $5.00 per hour in lieu of the relevant Site Allowance.
This allowance shall be increased during the life of this Agreement as follows:
From
From
From
From
1 March
1 March
1 March
1 March
2012
2013
2014
2015
$5.25
$5.50
$5.80
$6.10
(ii) Where employees covered by this Agreement are directly performing major
demolition works that would require a permit that allows demolition to perform such work,
they will receive the amount provided below in lieu of the relevant Site Allowance:
From
From
From
From
1 March
1 March
1 March
1 March
2012
2013
2014
2015
$5.90
$6.20
$6.50
$6.80
4.2
Amounts payable in addition to site allowance
(a)
Altona Area Allowance
An employee working on construction work (as defined) within a 8 km radius from the
intersection of Kororiot Creek Road and Millers Road, Altona shall, when employed on
chemical or petrochemical plants or on commercial or industrial construction jobs within 1
km of the nearest part of the perimeter of such plants or within the perimeter of storage
tank farms, be paid an all-purpose allowance of $1.01 per hour extra. This allowance will
be adjusted annually (effective from 1 June) in accordance with CPI movements (All
Groups, Melbourne) for the preceding 12 months to March (increases to be rounded to the
nearest 5 cents).
(b)
Service Core Allowance
Effective from 1 June 2010, the employer shall pay $1.25 per hour for all work carried out
in construction of service core. This allowance will be adjusted annually (effective from 1
June) in accordance with CPI movements (All Groups, Melbourne) for the preceding 12
months to March (increases to be rounded to the nearest 5 cents).
40
JDA 8 August 2012
4.3
Exclusions from this Agreement
Metal Trades Labour Hire
This collective agreement shall not apply to work carried out under the Metal Trades Labour
Hire Agreement.
5.
Payment of Wages
All wages, allowances and other monies may be paid by electronic funds transfer which
employee(s) may request be split between up to two accounts.
Wages and pay slip details shall be made available no later than the cessation of ordinary
hours of work on Thursday of each working week in accordance with clause 23 of the Award.
Waiting time shall not be payable where an employee(s) is kept waiting for their wages due to
circumstances beyond the control of the Company.
During the life of this Agreement, the Company may by agreement between the parties alter
the pay week to commence on Monday and conclude on Sunday of each week with bank
transfers to be effected by midday Thursday.
6.
Inclement Weather
6.1
This Inclement Weather clause sets out the full rights, obligations and entitlements of
the parties and establishes the conditions under which payment for periods of
inclement weather shall be made.
6.2
This Inclement Weather clause is to be read and observed in lieu of clause 19 of this
agreement, and the provisions of the award.
6.3
The purpose of this clause is to set out the procedures and processes which must
apply concerning the suspension of work in areas exposed to inclement weather as
defined, and prescribes the conditions regulating payment of ordinary time wages for
employees who cannot be re-assigned to work out of the inclement weather.
6.4
Definition of Inclement Weather
Inclement weather shall mean the existence of rain or abnormal climatic conditions
(whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high
temperature or the like or any combination thereof) by virtue of which it is either not
reasonable or not safe for employees exposed thereto to continue working whilst the
same prevail.
6.5
Restriction of payment
6.5.1
An employee shall not be entitled to payment for inclement weather as
provided for in this clause unless the employee remains on the job until the
provisions set out in this clause have been observed.
6.5.2
The entitlement to payment for time lost due to Inclement Weather is an
entitlement limited to ordinary time lost, and does not apply to overtime and/or
weekend work. Should overtime or weekend work be suspended due to
inclement weather, then overtime payments will cease subject to the
provisions of this Agreement concerning minimum payment for Saturdays and
Sundays in which case the minimum time payments as prescribed by the
Agreement shall apply.
6.5.3
All necessary steps shall be taken to ensure a full working understanding of
the inclement weather standards, as contained in this Agreement, is achieved
and maintained by the management and workers.
41
JDA 8 August 2012
6.5.4
Should a portion of the project be affected by inclement weather, all other
employees not affected shall continue to work in accordance with the
appropriate agreement provisions, regardless that some employees may be
entitled to cease work due to inclement weather.
6.5.5
Should a portion of the project be affected by inclement weather, employees
can be transferred to another work location under cover on the site or to
another site in accordance with the provisions prescribed herein.
6.5.6
Prior to any employee leaving the site due to inclement weather, consultation
shall take place between Employee Representatives and Site Management.
Any stoppage of work, or withdrawal from site, without due consultation will
mean that all involved workers are denied an entitlement to payment as per
this clause.
6.5.7
Dewatering
6.5.8
(a)
Where a part of a site is affected by surface water following a period
of rain, thus rendering some areas unsafe for productive work,
consistent with the companys' obligations under the OHS Act, all non
trades employees shall assist in 'dewatering' their own work site or
area if it is so affected. Such work to be paid at single time rates.
Productive work will continue in areas not so affected.
(b)
Where the whole of a site is so affected by surface water following a
period of rain that all productive work is suspended by agreement of
the parties, then dewatering will proceed as above with employees so
engaged being paid at penalty rates as is the case for safety
rectification work. When other employees are undertaking productive
work in an area or areas not so affected then dewatering will only
attract single time rates.
(c)
To avoid any confusion any 'de-watering' time which prevents an
employee from being engaged in their normal productive work is not
included in any calculation for the purposes of determining whether
an employee is entitled to go home due to wet weather.
High Winds
The occurrence of high winds, whilst constituting 'inclement weather' affecting
some work processes, does not give rise to an entitlement for any employee
whose work is suspended to leave the site and be paid. Payment will not be
made for time so lost.
6.6
6.7
Conference requirement and procedure
6.6.1
The employer, or the employers' representative, shall, when requested by the
employees or a representative of the employees, confer (within a reasonable
period of time which should not exceed 30 minutes) for the purpose of
determining whether or not conditions are inclement. Weather shall not be
regarded as inclement unless it is agreed at such conference.
6.6.2
Provided that if the employer or the employers' representative refuses to
confer within such reasonable period, employees shall be entitled to cease
work for the rest of the day and be paid inclement weather.
Cessation and Resumption of Work
6.7.1
At the time employees cease work due to inclement weather the employer or
the employers representative on site and the employee's representative shall
agree and note the time of cessation of work.
42
JDA 8 August 2012
6.7.2
6.8
After the period of inclement weather has clearly ended the employees shall
resume work and the time shall be similarly agreed and noted.
Hot Weather Guidelines
6.8.1
Under this Agreement, temperature of or above 35°C shall be defined as
constituting 'inclement weather' for work in the Greater Melbourne area. This
definition will be subject to review in other regions.
6.8.2
When it is expected that the temperature will be 35°C or more, or when the
temperature approaches 35°C, the parties on site shall confer regarding the
performance of work.
6.8.3
As part of a process leading to improvements, it is recognised that hot
weather procedures including relocation, must be part of a formal OH&S
procedures developed, adopted and managed on a project basis having
regard to the different conditions that may prevail on projects in various
locations.
Working Arrangements
6.8.4
The current industry practice whereby all employees on site working in direct
sunlight were relocated to shaded or air-conditioned areas when the
temperature reached 32°C, will no longer operate.
6.8.5
At temperatures below 35°C workers are not to be relocated out of direct
sunlight unless the work environment creates a serious risk to their health and
safety, having regard to the nature of the tasks being undertaken, provided
that the task or activity being performed is completed and the penalty
provisions as for emergency work under the Award shall apply.
6.8.6
Once the temperature reaches 35°C work will cease, and workers may leave
the site, provided that the task or activity being performed is completed and
the penalty provisions as for emergency work under the Award shall apply.
6.8.7
During periods of hot weather, work in air conditioned environments shall
continue as normal. Workers will walk a reasonable distance through the
open to and from amenities and the air-conditioned work space, provided it
does not pose a serious threat to their health or safety.
6.8.8
By agreement with the OH&S committee and head contractor during periods
of inclement weather (heat) the Saturday break roster can be applied to
weekday work.
6.8.9
It is expressly agreed that, work shall not cease at any temperature below
35°C, and any stoppage of work prior to 35°C shall be a breach of this
Agreement, rendering the employees ineligible for any payment which may
otherwise accrue.
Temperature Measurement
6.8.10 Temperature will be measured by the nearest automatic Melbourne Bureau of
Meteorology Monitoring Station for example (but not limited to): Melbourne,
Moorabbin, Dunns Hill, Melbourne Airport, Frankston, and Point Wilson. At
the commencement of each project, the onsite management and employee
representatives shall agree which is to be the applicable automatic weather
monitoring station or shall determine an alternative method of temperature
measurement.
6.8.11 Shift Workers
43
JDA 8 August 2012
All shift workers (i.e. workers whose shift commences at or after the end of
the ordinary day work hours) presenting for work when the temperature is at
or over 35°C will remain on site in air conditioned amenities for a minimum
two hours, holding themselves available to commence work should the
temperature fall below 35°C.
6.9
Entitlement to payment
An employee shall be entitled to payment by the employer for ordinary time lost
through inclement weather for up to 32 hours in every four weeks. For the purpose of
this sub-clause the following conditions shall apply:
6.9.1
The first period shall be deemed to commence on 28 February 2005 and
subsequent periods shall commence at four weekly periods thereafter.
6.9.2
An employee shall be credited with 32 hours at the commencement of each
four weekly period.
6.9.3
The number of hours at the credit of any employee at any time shall not
exceed 32 hours.
6.9.4
If an employee commences employment during a calendar month the
employee shall be credited 32 hours where the employee commences on any
working day within the first week; 24 hours where the employee commences
on any working day within the second week; 16 hours where the employee
commences on any working day within the third week; and 8 hours where the
employee commences on any working day within the fourth week.
6.9.5
No employee shall be entitled to receive more than 32 hours inclement
weather payment in any calendar month.
6.9.6
The number of hours credited to any employee under this clause shall be
reduced by the number of hours for which payment is made in respect of lost
time through inclement weather.
6.9.7
Payment under this clause shall be weekly.
6.9.8
Further, an employee working on a part-time basis pursuant to the award
shall be entitled to payment on a pro-rata basis according to the number of
ordinary hours agreed to be worked in the four week period. The method of
calculation of a part-time daily hire employee's proportionate entitlement shall
be as follows:
32 x Number of hours agreed to be worked during the four week period
152
6.10
Transfers
Employees may be transferred from one location on a site where it is unreasonable to
work due to inclement weather, to work at another location on the same site, or
another site, which is not affected by inclement weather subject to the following:
6.10.1
No employee shall be transferred to an area not affected by inclement
weather unless there is work available in the employees' classification.
6.10.2 Employees may be transferred from one location on a site to work in areas
which are not affected by conditions of inclement weather even though there
may not be work for all employees in such areas.
6.10.3 Employees may be transferred from one site to another site and the employer
shall provide, where necessary, transport.
44
JDA 8 August 2012
of Concrete Pours ami Emergency Work
6.11
6.11.1
Except as provided in this sub-clause an employee shall not work or be
required to work in the rain.
6.11.2 Employees shall not be required to start a concrete pour in inclement
weather.
6.11.3 Where a concrete pour has been commenced prior to the commencement of
a period of inclement weather employees may be required to complete such
concrete pour to a practical stage and for such work shall be paid at the rate
of double time calculated to the next hour, and in the case of wet weather
shall be provided with adequate wet weather gear.
6.11.4 If an employee's clothes become wet as a result of working in the rain during
a concrete pour the employee shall, unless the employee has a change of dry
working clothes available, be allowed to go home without loss of pay.
6.11.5 The provisions of 34.12.3 and 34.12.4 hereof shall also apply in the case of
emergency work where the employees concerned and their delegates agree
that the work is of an emergency nature and can start and/or proceed.
6.12
Safety
Where an employee is prevented from working at the employee's particular function
as a result of unsafe conditions caused by the inclement weather, the employee may
be transferred to other work in the employee's classification on site, until the unsafe
conditions are rectified. Where such alternative is not available and until the unsafe
conditions are rectified, the employee shall remain on site. The employee shall be
paid for such time without reduction of the employees' inclement weather entitlement.
6.13
Additional Wet Weather Procedure
6.13.1
Remaining On Site
Where employees are prevented from working because it is raining:
(a)
for more than an accumulated total of four hours of ordinary time in
anyone day; or
(b)
after the meal break, as provided for in clause 28.1 of the Award, for
more than an accumulated total of 50% of the normal afternoon work
time; or
(c)
during the final two hours of the normal work day for more than an
accumulated total of one hour,
the employer shall not be entitled to require the employees to remain on site
beyond the expiration of any of the above circumstances.
Provided that where, by agreement between the employer and/or the
employers representative and the employee's representative the employees
remain on site beyond the periods specified above, any such additional wet
time shall be paid for but shall not be debited against the employees' hours
(refer clause 34.10).
6.13.2 Rain at Starting Time
Where the employees are in the sheds, because they have been rained off, or
at starting time, morning tea, or lunch time, and it is raining, they shall not be
required to go to work in a dry area or to be transferred to another site unless:
45
JDA 8 August 2012
e
The rain stops; or
..
A covered walkway has been provided; or
..
The sheds are under cover and the employees can get to the dry
area without going through the rain; or
"
Adequate protection is provided. Protection shall, where necessary,
be provided for the employees' tools.
In this clause, a dry area shall mean a work location that has not become
saturated by rain or where water would not drip on the employees.
1.
Hours of Work, Rostered Days off ami Protection of Leisure Time
7.1
Hours of Work
One ten minute paid morning rest break and one 30 minute unpaid lunch break will be
scheduled within ordinary time to be taken no later than 6 hours after work starts.
If total worked hours for the day are to be ten hours or more there will be an additional
20 minute rest break paid at time and one half of ordinary time rates to be taken at the
end of ordinary hours, and prior to the commencement of overtime. Employees, in
accordance with clause 28.2.3 of the Award, may elect to take payment in lieu of
stopping work for this break in which case the employee will be regarded as having
worked a further 20 minutes, and be paid accordingly.
7.2
Overtime
7.2.1
Except as varied herein, overtime will be worked in accordance with the
provisions of the award.
7.2.2
Such overtime will be calculated by applying the divisor of 1/36th to the
employee's weekly rate as prescribed herein.
7.2.3
All overtime shall be paid at double ordinary time rates.
7.2.4
Subject to the eligibility requirements of clause 24.9 of the Award, an employee
required to work overtime for one and one half hours or more after working ordinary
hours must be paid by the employer the amount of $11.90 to meet the cost of a
meal. This allowance shall be increased during the life of this Agreement as follows:
From the first pay period
$15.00
From the first pay period
$18.00
From the first pay period
$21.00
From the first pay period
$24.90
7.3
(a)
commencing on or after 1 March 2012
commencing on or after 1 March 2013
commencing on or after 1 March 2014
commencing on or after 1 March 2015
Saturdays, Sundays and Public Holidays
Overtime worked on a Saturday or Sunday will be paid for at the rate of double
ordinary time rates. Employees required to work on a Saturday or Sunday will be
afforded a minimum 4 hours work, or be paid as if for 4 hours at the aforementioned
overtime rates.
To be entitled to payment for the 4 hour minimum, employees must remain on site
for that period and be available for normal work.
46
JDA 8 August 2012
An employee working overtime on a Saturday, Sunday or Public Holiday shall be
allowed a 30 minute combined Rest Period/Meal/Crib Break after four hours work,
such time to be paid at double ordinary time rates, with a further 20 minute Crib
break to be paid at double ordinary time rates if the overtime continues past 8 hours
worked.
In the case of overtime work being cancelled by the Company at the end of the 4
hour minimum or any time thereafter, employees will, in addition to the payments as
prescribed, be paid for the 30 minutes combined Crib/Meal/Rest Period if not
already taken.
If work proceeds beyond the 4 hours minimum then employees will be paid for all
time so worked.
Overtime worked on a Public Holiday will be paid for at the rate of double time and
one half ordinary time rates.
(b)
7.4
Offer and Acceptance of Weekend Overtime
Offer of weekend overtime will be made to employees prior to the normal meal break
on Thursday. However, where through extraordinary circumstances the Company is
either (i) unable to give such notice, or (ii) unable to proceed with such scheduled
overtime, the Company may offer/cancel such overtime by notifying affected
employees before the finish time of ordinary hours on Friday.
Overtime will be offered on a work required basis.
Employees who accept an offer of weekend overtime wi!! be obliged to attend.
However, employees through extraordinary circumstances, may find themselves
unable to fulfil their commitment to attend site. Such employees will notify the
Company before the planned finishing time on Friday.
7.5
leisure Time Protected
It is the intention of the parties that excessive overtime will not be worked.
To this end the general standard of weekly hours will usually not be more than 58 per
week (Monday to Saturday), provided that the aforesaid 'usual weekly hours' may by
agreement between the parties be exceeded from time to time to meet the needs of
the project, or a specific task on a project.
The intentions of the parties in this matter are:
..
The employer is not restricted as to the setting of daily hours within the 58
hour standard;
..
It is acknowledged that additional hours are necessary for particular
personnel (e.g. [without limiting the foregoing] crane crews; peggies; first
aiders; hoist drivers; concrete finishers; site security personnel), and such
situations are not affected or restricted by this provision, as they are agreed to
be a normal necessity of the industry;
..
If time is lost on a project due to any reason including (without limiting the
foregoing) Inclement Weather, then such time may be made up by the
scheduling of additional overtime;
Nothing in this clause shall be read as to imply that payment as for 56 hours is
guaranteed, and nothing in this clause shall diminish the right of the employer to
schedule a lesser weekly program of hours.
47
JDA 8 August 2012
An employee may refuse to work overtime in circumstances where the working of
such overtime would result in the employee working hours which are unreasonable
having regard to:
7.6
7.4.1
any risk to employee health and safety;
7.4.2
the employee's personal circumstances including any family responsibilities;
7.4.3
the needs of the workplace or enterprise;
7.4.4
the notice (if any) given by the employer of the overtime and by the employee
of his or her intention to refuse it; and
7.4.5
any other relevant matter.
Work on Fridays
The parties will endeavour to ensure that wherever possible normal productive work
shall cease at the finish of ordinary hours on Fridays. This does not mean that no
productive work can continue past this time and the parties will ensure that a sensible
approach to this clause is maintained. That is, work will be able to continue if the work
is necessary for the production schedule to be maintained or to ensure that other
employees can be productively employed. Other circumstances where work will be
able to continue include the following: to recover time lost due to excessive periods of
inclement weather, matters not necessarily the fault of the employer which have led to
the project being delayed or behind schedule, the requirement to meet the Principal's
work program and unexpected delays in the project due to scheduling of other works
or supply of materials.
7.7
Work Cycles & Rostered Days Off
7.7.1
The ordinary working hours shall be worked in a 10-day/2-week cycle,
Monday to Friday inclusive, with eight hours worked for each of nine days,
and with 0.8 of an hour on each of those days accruing towards the tenth day,
which shall be taken as a paid day off. The tenth day of the cycle shall be
known as the 'ROO'. ROO's are paid at the ordinary time rate paid to
employees at the time of taking the ROO, and shall include the daily 'Fares &
Travelling Allowance', and any applicable Site Allowance as prescribed by
this Agreement.
Provided that twenty-six ROO's shall be accrued by an employee in each
twelve months continuous service.
7.7.2
Each day of paid leave taken and any holiday (as prescribed in clause 36 Public Holidays and Holiday Work - of the Award), occurring during any cycle
of two weeks shall be regarded as a day worked for accrual purposes.
7.7.3
Upon commencement of employment, employees who have not worked a
complete ten day/two week cycle, shall receive pro-rata accrual entitlements
for the first ROO or group of ROO's falling after their commencement of
employment. Thereafter, for the duration of employment with that employer,
ROO's will be paid in full as they occur.
Upon termination of employment, an adjustment will be made to ensure that
the full ROO entitlement, and no more, have been provided. This means that
employees then having received more ROO's than they were entitled to will
have the relevant amount removed from final termination payments, and
employees who have received less than their full ROO entitlement will have
the outstanding amount added to final termination payments.
7.7.4
ROO Schedule
48
JDA 8 August 2012
(a)
The calendars for 2012, 2013, 2014 and 2015, and Christmas Closed own
dates have been agreed and are attached at Schedule 7.
Calendars for subsequent years shall be determined no later than 31 March
of the year preceding the year under consideration.
(b)
Work on Scheduled RDOs
Work may take place on a scheduled ROO or on any substituted day where it
is required by the Company and such work is necessary to allow other
employees to be employed productively to carry out out-of-hours
maintenance or because of unforeseen delays to a particular project or a
section of it for other reasons arising from unforeseen or emergency
circumstances on a project. Such circumstances would include the following:
excessive periods of inclement weather, matters not necessarily the fault of
the employer which has led to the project being delayed or behind schedule,
the requirement to meet the principal's work program and unexpected delays
in the project due to scheduling of other works or supply of materials, or work
that cannot be performed on other days because of municipal council
restrictions, or other relevant laws or regulations.
Where the Company requires work to be performed on a Scheduled ROO(or
an substituted day) because of the existence of any of the above, it will:
(c)
(i)
At least 7 days prior to the ROO consult with the effected employees;
and
(ii)
Notify the union in writing (fax or email) at least 7 calendar days prior
to the ROO that work will be performed. The attached notification
form (Schedule 6) may be used by the Company for this purpose.
(iii)
Employees who agree to work will work on the scheduled ROO(or
any substituted day);
(iv)
An employee may refuse to work on a scheduled ROO(or any
substituted day) if the requirement to do so is plainly unreasonable
having regard to:
..
the hours of work that will be worked by that employee in the
week of the scheduled ROO;
..
the employee's family responsibilities; and
..
any other special circumstances peculiar to the employee.
(v)
An employee cannot be required to work on more than two scheduled
ROO's in any six week period;
(vi)
Such work shall be paid for at ordinary time rates of pay;
(vii)
The untaken ROO will be re-scheduled to another day falling within
six weeks of the originally scheduled day provided that the rescheduled ROO is to be taken on a day or days adjacent to a
weekend or in conjunction with annual leave, or as otherwise agreed
by the parties, such agreement not to be unreasonably withheld.
Disputes
Concerning the Company's intent to work on a particular scheduled ROO;
49
JDA 8 August 2012
(ii)
When in accordance with the disputes resolution procedure, the union
has been advised by the effected employees or a concern regarding
the process undertaken to work on the scheduled RDO (or
substituted day) it will, within 1 working day of the provision of the
Company's notification, notify the Company and the Disputes Panel
of this concern.
(iii)
Given the nature of the urgency of such matters, the Disputes Panel
will prioritise such disputes to be heard within 1 working day (where
practicable).
(iv)
Prior to the scheduled Disputes Panel hearing, the parties may hold
discussions to attempt to resolve the matter.
(v)
Where the union fails to notify the Company and the Disputes Pane!
within 1 working day, work shall be performed on the scheduled RDO
(or substituted day) in question unless prior to the scheduled RDO (or
substituted day), the Disputes Panel has heard the matter and
determined that the necessary requirements for working on a
schedule RDO (or substituted day) under this clause have not been
met by the company.
(vi)
Concerning the operation of this sub clause;
(vii)
e
Where an employee(s), an employee representative or the
union have a concern over the company's operation of this
provision, they may at any time request to review the
company's practice. If necessary, the matter could be referred
to the Disputes Panel for review.
e
Any such review must be independent of any particular
intention to work on a scheduled RDO.
Unforeseen and Emergency RDO work;
e
1.8
If 7 calendar days notice is not provided by the Company then
the affected employees, in addition to accrued entitlements,
shall be paid penalty rates and provisions as prescribed for
Sunday work in the award.
7.7.5
Alternate ROO's
(a)
Where the company and a majority of the companys' employees at an enterprise or
job site agree, another day may be substituted for the scheduled RDO.
(b)
The union shall be notified concerning such substitution, such notification will take
place 5 working days prior to the change being implemented.
(c)
Where there is a dispute in relation to an alternate RDO, the matter may be
determined in accordance with clause 10 - Disputes Resolution Procedure - of this
Agreement.
Banking of ROO's
7.8.1
Where the company and an employee agree up to five RDO's may be accrued for the
purpose of creating a bank to be drawn upon by the employee at times mutually
agreed.
Details of such banked RDO's shall be entered on to each employee's employment
records.
50
JDA 8 August 2012
7.8.2
7.9
Where there is a dispute in relation to the operation of this subclause, the matter will
be determined in accordance with Clause 21 - Conflict Resolution Procedure of this
Agreement.
Shift Work
All shift work shall be paid at the rate of double time for all hours worked.
It is not automatically required that Employee Representatives and Health & Safety
Representatives be in attendance on any occasion that shift work is being done.
Provided that at all such times there shall be available a person qualified to administer First
Aid.
8.
Annual Leave and Christmas and Easter Closed own
8.1
Christmas Closedown
8.1.1
It is agreed that whenever annual leave is to taken in conjunction with the
Christmas/New Year and Easter periods, it is to be taken in accordance with the
following procedure.
8.1.2
The Company will observe the Christmas-New Year Industry Closedown and Easter
Closedown as set down in the agreed calendars and will require employees to take
some Annual Leave at this time.
8.1.3
Employees who have not accrued sufficient pro rata annual leave prior to
commencement of the Christmas/New Year or Easter periods, may be stood down by
the Company to give that employee at least the minimum leave of absence required.
8.1.4
Where the Company decides to close a site over the Christmas/New Year period for
any period in excess of the agreed minimum closedown, up to and including 20
Annual Leave days, then the Company shall give at least 2 months' notice to
employees as per the Award. Employees who have no, or insufficient, accrued
annual leave equal to the period of the closure, may be stood down for that period.
8.1.5
Notwithstanding anything elsewhere contained in this Agreement, the Company may
request any employee to work in unforeseen or emergency circumstances during the
Christmas period on an essential project such as schools, hospitals, manufacturing
industry shutdowns, etc. In any such event the Company shall recognise the
individual right of employees not to work, provided that employees shall not
unreasonably refuse such a request.
8.1.6
Where an employee requests that annual leave be allowed in one continuous period
at Christmas, such a request shall not be unreasonably refused.
It is a breach of this Agreement and the Award for an employee to be paid his/her full
accrual, or part thereof, of annual leave at Christmas or any other time, unless that
employee takes such annual leave or his/her employment is terminated. Employment
is not to be terminated for reasons of avoidance of this Sub Clause.
9.
Portability of Sick leave
9.1.1
The Company is, and will remain during the life of this Agreement, a participating
employer in the Construction Industry Complying Portable Sick Leave Pay Scheme
("Incolink PSL Scheme") Incolink is trustee, and all the employees of the Company
within the scope of this Agreement will be enrolled in the Incolink PSL Scheme and be
entitled to sick leave benefits in accordance with the terms of the Trust Deed.
9.1.2
The Company shall pay contributions to the Incolink PSL Scheme on behalf of each
employee on a weekly basis in accordance with the Trust Deed. If Incolink nominates
51
JDA 8 August 2012
any other fund, the Company shall pay contributions to that fund on behalf of each
employee on a weekly basis and in accordance with the constituting documents of
that other fund.
9.1.3
10.
References in this clause to "Incolink PSl Scheme" include a reference to another
fund for comparable purposes nominated by Incolink as a fund which supersedes the
Incolink Number 1 Fund.
Building Industry Picnic Day
The parties agree that Building Industry Picnic Day will continue to apply during the life of this
Agreement in accordance with the following:
The first Monday in December of each year shall be the building industry picnic day, except in
Mildura. The second Monday in December shall be the building industry picnic day within an
area of 25 kilometres from Mildura
All employees shall, as far as practicable, be given and shall take this day as picniC day
without deduction of pay.
Any employee required to work on this day shall be paid at the rate of double time and a half;
provided that an employee who attends for work as required on this day shall be paid for not
less than four hours work.
The company may require from an employee evidence of his/her attendance at the picnic and
the production of the butt of a ticket issued for the picnic shall be sufficient evidence of such
attendance. Where such evidence is requested by the company payment need not be made
unless the evidence is produced.
Where the company holds a regular picnic for his/her 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.
11.
long Service leave
long Service leave benefits will be as provided by Co-Invest.
12.
Training and Related Matters
The parties recognise that in order to increase the efficiency and productivity of the company
a significant commitment to structured training and skill development is required. They also
recognise the importance of the apprenticeship system to the construction industry.
Therefore the parties agree:
12.1.1 If the Company employs five (5) or more tradespersons in anyone classification it
undertakes to employ at least one (1) apprentice or make arrangements to host an
apprentice from an agreed accredited group apprenticeship scheme.
12.1.2 If the Company does not currently have an apprentice as provided for in paragraph a),
reasonable time shall be allowed to enable the Company to comply with this clause.
Further, the parties are committed to a strong ratio of apprentices in the industry.
12.1.3 All apprentices must attend their official off-site apprenticeship training at a
Registered Training Organisation ("RTO") that is acceptable to the apprentice and the
Company. The preferred RTOs are the established TAFE college network, but private
RTOs may be used if agreed to by the parties.
12.1.4 The Company is committed to providing employees with the opportunity to acquire
additional skills within relevant career path structures through appropriate structured
training based on nationally endorsed (Le. Construction Training Australia CPSISC
endorsed) competency standards and curriculum;
52
JDA 8 August 2012
12.1.5 The Company will actively encouraging employees to seek formal recognition of their
skills (Le. recognition of prior learning); and
12.1.6 The Company will use agreed accredited training providers to provide training as
contemplated by this clause to employees.
12.1.7 The parties will consult on the development of training programs which are consistent
with the following:
e
Training provided will be consistent with the Company's business
requirements, relevant to the work of the employees, consistent with the skills
development of each employee and with applicable national competency
standards.
Training may be taken either on or off the job with all reasonable steps being
taken to conduct training in normal working hours.
..
If an approved training activity is undertaken during ordinary working hours,
the employee/s concerned shall not suffer any loss of pay.
..
Approved training activities undertaken outside of ordinary hours will be paid
at single time or may, with the consent of the employer, be taken as time off
in lieu of payment. Provided that the scheduling of time off must be consistent
with the needs of the business and be by agreement with the Company.
..
Training costs of courses approved by the Company will be met by the
Company (e.g. Red Card).
e
The Company \rvill not be asked to meet the costs of training undertaken by
employees which was not approved by the Company.
Leave of absence granted pursuant to this clause shall count as service for all
purposes of the award and this agreement.
13.
Funding for Training
In furtherance of the objectives of the above, and as a further initiative to enhance the
employment and career opportunities of the employees covered by this Agreement, the
parties will continue to facilitate on-going training to improve occupational health & safety in
the industry and to improve employees work skills so as to advance progression to higher
industry skill levels.
To support the cost of these training initiatives the Company will make a payment of $4.50 per
employee per week, such monies to be paid into Incolink to support that body's continued
training funding initiatives.
Provided that the Incolink arrangements be appropriately ordered so as to provide for:
•
Joint employer/union management of the training funding;
•
Access to funding in accordance with agreed guidelines, by all partiCipating
employers and unions.
In the event of Incolink being unable to provide the above facility, the parties agree to
establish an alternative mechanism with the intention of meeting the commitments expressed
herein.
14.
Amenities
Amenities shall be provided as prescribed in Schedule 3 of this Agreement.
53
JDA 8 August 2012
15.
Tool Stl'1,r"",,,
The Company shall provide on all construction jobs in towns and cities, and elsewhere where
reasonably necessary and practicable (or if requested buy the employee), a suitable and
secure waterproof lock-up solely for the purpose of storing employees' tools, and on multistorey and major projects the Company shall provide, where possible, a suitable lock-up for
employees' tools within a reasonable distance of the work area of large groups of employees.
Where an employee is absent from work because of illness or accident and has advised the
company in accordance with Clause 33 - Personal Leave of the Award, the company shall
ensure that the employee's tools are securely stored during his/her absence.
16.
Drugs and Alcohol Policy and Rehabilitation Programme
The parties acknowledge the affect that employees with drug and/or alcohol problems can
cause in the workplace. Any employee with such a problem can lead to a loss in productivity,
an unsafe workplace and loss of morale amongst the company. To this end the parties
encourage such persons with a problem to seek help.
To that end the parties agree to apply the Drug & Alcohol policy and Rehabilitation Program
as agreed at the regional consultative meeting.
11.
Accident Pay
Accident pay means a weekly payment of an amount being the difference between the
weekly amount of compensation paid to the employee pursuant to the relevant workers
compensation legislation and the Employee's appropriate 36 hour rate prescribed in Appendix
B of this Agreement (pro-rata for casual and part time employees).
The Company shall pay accident pay, during the incapacity of their employee/s arising from
anyone injury, for a total of fifty-two (52) weeks - irrespective of whether such incapacity is in
one continuous period or not. The calculation of the 52 weeks shall be that period of time,
irrespective of whether is in one continuous period or not, during which the employee receives
a weekly amount of compensation paid pursuant to the relevant workers compensation
legislation.
The liability to pay accident pay arises from the date of the injury or accident in respect of
which compensation is payable under the said relevant workers compensation legislation and
the termination of the employee's employment for any reason during the period of any
incapacity shall in no way affect the liability of the employer to pay accident pay as provided in
this clause.
In the event that an employee receives a lump sum in redemption of weekly payments under
the said relevant legislation, the liability of the employer to pay accident pay as herein
provided shall cease from the date of such redemption.
18.
Income Protection, Trauma Insurance and Journey Accident Cover
18.1
The company will cover all workers for:
..
"
"
18.2
the extended Incolink Leisure Time Insurance and Income Protection Scheme;
an Incolink administered lump sum insurance policy providing financial compensation
in the event of a major work related (i.e. Workcover) accident resulting in death or
permanent total disablement; and
loss of ordinary wages arising from work absence up to a period of 12 months due to
injuries or illness resulting from any accident incurred in joumeys between the
employee's residence and the workplace and return (Journey Accident cover).
"
The Company is, and will remain during the life of this Agreement, a partiCipating employer in
the Incolink Number 1 Fund (or other redundancy fund of which Incolink is a trustee) and an
54
JDA 8 August 2012
employer member of IPT Agency Co ltd or IPT Agency Co (No.2) ltd. IPT Agency Co ltd
and IPT Agency 0 (No.2) ltd administer the insurance schemes covering income protection,
trauma and journey accidents (Income Protection, Trauma and Journey Accidents
Insurance Schemes).
18.3
The Company shall pay contributions to IPT Agency Co Ltd or IPT Agency Co (No.2) Ltd (as
relevant) on behalf of each employee of the Company employed within the scope of this
Agreement, on a monthly basis, in accordance with the Constitution of IPT Agency Co Ltd or
IPT Agency Co (No.2) ltd (as relevant).
18.4
Pursuant to the Income Protection, Trauma and Journey Accidents Insurance Schemes, an
employee of the Company employed within the scope of this Agreement will:
(a) (Income Protection) receive defined weekly payments (the current table of benefits
is available from Incolink) in the event of an extended work absence arising from any
personal illness or injury that occurs at the time the employee is an employee of the
Company.
(b) (Trauma) received or have paid on their behalf financial compensation in the event of
a major work related accident (Le. WorkCover) resulting in the death or permanent
disablement of the employee and occurring at the time the employee is an employee
of the Company (the full and precise conditions of this cover will be in accordance
with the terms of the insurance policy and is available from Incolink).
(c) (Journey Accidents) received payments in accordance with the terms of the
insurance policy for the duration of the employee's absence (the full and precise
conditions of this cover will be in accordance with the terms of the insurance policy
and is available from Incolink) if:
(il the absence is because the employee is unable to work due to injuries
resulting from any accident incurred during journey between the employee's
residence and the workplace, that occurs at the time the employee is an
employee of the Company; and
(iil all such absences are supported by certification of a duly authorised medical
practitioner and indicating the casual nexus between the travel to and from
work and the employee's inability to attend for work.
19.
Protective Clothing
All Employees will be issued with clothing as described below. All clothing will, where possible be of
Australian manufacture and meet Australian standards.
19.1
Safety Footwear
Appropriate safety footwear shall be supplied to all Employees on commencement with the
Company, and will be replaced on a fair wear and tear basis provided it is produced as
evidence.
19.2
Clothing
Two sets of clothing per calendar year, shall be supplied to all Employee after accumulated
employment of 2 weeks and will be replaced once per calendar year thereafter.
The clothing may be selected from the following:
(a) Combination Overalls; or
(b) Bib & Braces overalls plus Shirts; or
(c) Trousers and Shirts; or
55
JDA 8 August 2012
(d) Work denims at cost no greater than either Items (a) or (b) or (c) above.
Note: Short sleeve shirts and shorts will not be issued, unless requested by the Employee.
19.3
Jackets
Each Employee, after accumulated employment on site of 2 weeks, shall be eligible to be
issued with one warm woollen, if requested, jacket which will be replaced once per calendar
year thereafter.
19.4
Acknowledgement of Receipt
Each Employee shall acknowledge receipt of any issue of protective clothing and footwear by
signing an appropriate personal issue registered.
20.
Union Flags
The Company agrees that on its cranes in Victoria the Australian flag together with the standard
CFMEU flag will be flown.
In lieu of the CFMEU flag the Good Friday Appeal Flag and the John Cummins Memorial Flag will be
flown during the month of which those appeals occur.
21.
Crane Crews
In the event Employees are required to operate the cranes the Victorian Industry crane crew rates will
be paid for the duration of that work.
22.
Gatemen
On all new Lend Lease projects in Victoria all Gatemen will be Lend Lease employees.
56
JDA 8 August 2012
Schedule 1 - Site Allowance Procedure
1.
This procedure shall apply to construction work in the commerciallindustrial sector of the
building industry in the State of Victoria. Further, it is expressly agreed by the parties to this
procedure that Site Allowances will not be claimed on any project where the project value is
below $2.7 million.
2.
In addition to the wage rates and allowances prescribed, the Company shall pay to
employees extra rates as set out in the special rates clause of the Award for the period when
individual employees incur those disabilities prescribed by said clause, except where those
special rates are specifically included in the Site Allowance applicable to a Project.
3.
The payment of Insulation Allowance shall be paid to individual employees who are affected
(as defined in the Award) by the use of such material.
4.
Subject to the foregoing, where the union on behalf of its members, requests an employer to
consider a claim for payment of a Site Allowance, such Site Allowance shall be determined
either by:
4.1
Geographic location if the project is contained within the City of Melbourne as defined;
or
4.2
The amount contained in Sub-Clause 7.
5.
A Site Allowance shall be paid at the appropriate rate per hour flat for hours worked, to
compensate for all special factors and/or disabilities on a project and in lieu of the following
Award special rates - confined space, wet work, dirty work, second-hand timber and fumes.
6.
It is agreed by the parties that all new projects will be covered by the Site Allowance rates
contained in this Agreement.
7.
Site Allowances applicable from 1 January 2012:
The minimum project value, below which NO Site Allowance is payable, is $2.7m as at 1
January 2012.
On sites which do not attract this Site Allowance, employees are entitled to be paid the
relevant disability payments as the disability may arise in accordance with the Award.
7.1
City of Melbourne:
(a)
(b)
New Projects
$2.7m up to $20S.6m:
$3.70 per hour worked
over $20S.6m:
as per subclause 7.2
Renovations, Restoration &/or Refurbishment work
$3.25 per hour worked.
The Site Allowance on projects which are a combination of new and renovation work,
shall be governed by the majority of work involved. For example, where the majority
of work is new work, then the Site Allowance appropriate to new work shall be paid for
all employees on the project.
57
JDA 8 August 2012
7.2
New Projects Victoria
Value - $million
Site Allowance
2.7m -7m
$2.10
7m -17.3m
$2.30
17.3m - 34.8m
$2.60
34.8m - 69.5m
$3.05
69.5m -139.1m
$3.60
139.1 m - 208.6m
$3.70
208.6m - 278m
$3.85
278m-417.1m
$4.00
For projects above $417.1 million, there shall be an increment of 10 cents
per additional $100m or part thereof.
All new Docklands projects are to be in accordance with the new scale of Site
Allowances. Existing projects at Docklands are to remain unchanged regarding site
allowance and working hours.
8.
The Rates shall be reviewed no later than 30 September 2012 and thereafter for each
subsequent year of the Agreement taking account of the CPI movement and the economic
circumstances prevailing in the industry at that time.
9.
The Site Allowance values and project values in this Clause shall be adjusted by the CPI (All
Groups, Melbourne), effective from 1 October 2012 and for each year thereafter according to
the above CPI movement for the preceding period July to June in each year.
The Site Allowance shall be adjusted up or down to the nearest 5 cents, and Project value to
the nearest $100,000.
10.
It is agreed by the parties that no allowance shall be claimed on any project, regardless of its
location, where the project value is below $2.7 million.
11.
In all cases where the parties fail to reach agreement on the Project Site Allowance to apply
to a particular site or project, then such disagreement shall be referred to the Chairperson of
the Victorian Building Industry Disputes Panel for determination. Provided that any outcome
so determined will not be inconsistent with the Australian Government Implementation
Guidelines for the national Code of Practice for the Construction Industry and the Building and
Construction industry Improvement Act 2005.
12.
In determining the rate, the Panel Chairperson shall have regard to the Site Allowance
Guidelines, and shall not deviate from these Guidelines unless there are special and
exceptional circumstances. Where the procedures prescribed by this Clause are being
followed, work shall continue normally. In the event of employees taking industrial action in
pursuance of a claim the date of operation of the Project Site Allowance shall not commence
before the date on which the employees cease industrial action.
13.
Any site allowance that is determined in accordance with 11 and 12 above shall be
incorporated into the Agreement in accordance with the Fair Work Act.
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JDA 8 August 2012
Centre Projects
14.
All new construction and extension/refurbishment work of shopping centres, retail strip shops
and stand alone retail facilities having a project value in excess of $2.7m will attract the then
current City of Melbourne Site Allowance.
Where the project is of a mixed purpose, City of Melbourne site allowance rates will apply only
where the retail component is at least $2.7m and occupies at least 51 % of the area of the
project.
15.
City of Melbourne Definition
For the purposes of determining Site Allowance in accordance with this Agreement, the
boundaries of the "City of Melbourne" are defined as follows:
Commencing at the point where Citylink (Tullamarine Freeway) intersects Racecourse Road,
proceed east along Racecourse Road, Elliott Avenue, Macarthur Road Cemetery Road West,
Cemetery Road East and Princes Street to Nicholson Street. Then south on Nicholson Street
to Victoria Parade. In Victoria Parade, proceed east to Punt Road, then south along Punt
Road to the St Kilda Junction. From the St Kilda Junction proceed along Fitzroy Street to
Beaconsfield Parade, and then north-west along Beaconsfield Parade, Beach Street and The
Boulevarde and following the waterline to Lorimer Street, and then east along Lorimer Street
as far as Citylink (Western Link). Follow Citylink north to Racecourse Road to complete the
boundary.
The City of Melbourne zone will also include the area bounded by Nicholson Street, Victoria
Parade' Hoddle Street, and Alexandra Parade.
Where one boundary of a project fronts at least one of the above streets, then such project is
deemed to be within the City of Melbourne.
59
JDA 8 August 2012
Schedule 21.
2.
Definition of
and Materials lifts
Where lift Required
1.1
A passenger/materials lift shall be provided on a building which shall, when complete,
consist of more than six (6) storey levels excluding the roof, parapets and basement
levels (if any), but including the ground floor. (Refer to Sub Clause 2. herein.)
1.2
For the purposes of this Sub-Clause, a storey level means structurally completed
floor, walls, pillars or columns, and ceilings (not being false ceilings), and shall include
mezzanine or similar levels, but excluding "half floors" such as toilet blocks or store
rooms located between floors.
1.3
For the purpose of defining the number of storey levels in a building; where any plant
room or similar structure does not exceed 25 per cent of the top floor area, such plant
room or similar structure shall not be counted as a storey level or levels as the case
may be.
1.4
For a building with sloping or split floors (eg., a car park), the method of determining
storey levels shall be by taking the height of that building and dividing its height by the
average floor height of a building which does not have sloping or split floors.
When lift Required
The passenger/materials lift shall be in operation from the date of commencement of
formwork erection above the floor level of the fifth storey when counted from the lowest
adjacent street level. Floor level means that stage of construction which, in the completed
building, would constitute the walking surface of each particular floor level.
3.
Operation of lift
3.1
The mode of operation of the passenger/materials lift shall be at the discretion of
Management, but there shall be landings at intervals of not more than four (4) storey
levels. Subject to sub-clause 3.3, an employee would not be required to walk either
up or down more than two (2) floors within the range of the lift, or more than four (4)
floors within the range of the lift.
3.2
When the building has risen so that the formwork exceeds floors above the lift travel,
the lift travel shall be extended.
3.3.
If mechanical or power failure puts the passengers/materials lift out of action,
Management must endeavour to correct the failure as soon as possible and have the
passengers/materials lift back in use. During such temporary stoppage of the
passengers/ materials lift, the employees are expected to walk to their place of work
to a maximum of four (4) levels to work in their respective classification, and no
industrial action or dispute should take place.
3.4
When lifts are also used to carry materials, preference must be given to the
transporting of employees at the starting, finishing and lunch times. Starting times of
various Trades may be staggered by agreement to avoid lift congestion at starting
and finishing times.
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JDA 8 August 2012
3.5
Should a crane or cranes on a building not be able to operate (eg., because of wind
or mechanical failure), employees will continue to work to a maximum of four (4)
levels above the range of the lift, provided that the appropriate emergency service is
satisfied that it is capable of being able to provide first aid attendance, and removal if
necessary, t%f any employee on any section of the project without the use of the
crane/so
3.6
Subject to the provIsions of the relevant OH&S legislation, the Lift Driver(s) shall
remain on site to operate the lift to carry passengers.
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JDA 8 August 2012
Schedule 3 - Amenities
The parties agree that it is the responsibility of the Company to ensure that the amenities prescribed
by the Code of Amenities are provided as a minimum. Where, however, that standard is not
maintained due to an action or event beyond the control of the Company, the Union agrees that the
Company should be allowed reasonable time in which to rectify the problem. If the Company acts
promptly to rectify the problem, there should be no interruption to work from industrial stoppages,
bans and limitations.
In all instances, the following procedure shall be observed:
1.
A uniformly high standard of amenities and facilities such as ablution blocks, change rooms,
crib sheds, etc., shall be provided.
2.
Where there is an issue relating to amenities, the immediate concern must be to rectify the
issue. The Union agrees to a reasonable period to allow the Company, if alleged to have
committed a breach, to comply with all requirements of this Clause. While steps are being
taken to rectify the issue, the Unions agree that there shall be no bans or limitations restricting
the employer's ability to rectify the issue.
3.
Mess/Change Shed Facilities Dimension/Construction Requirements and Construction
of Sheds
4.
3.1
All Sheds shall be weatherproof and soundly constructed to an approved standard
with sufficient windows and doors, adequate ventilation and lighting. They must have
a floor above ground level and be lined on ceilings and walls.
3.2
Mess Shed/s fitted with fly screens are provided for exclusive use of workers and not
for the storage of employers' equipment, tools and materials.
3.3
Shed/s shall provide not less than 0.75 square metres of floor space per person
employed at anyone time, provided that the area be not less than 4.65 square
metres. Fixtures, other than tables and chairs, shall not be included when calculating
floor space.
3.4
Where 5 or more persons are employed at one time, the floor area shall not be less
than 9 square metres.
3.5
Adequate facilities are to be provided for warmth and for drying clothes ego strip
heaters.
3.6
Provided that 20 or more persons are employed on site at anyone time, the employer
shall provide a separate shed or sheds for messing, which shall be of such dimension
as to provide not less than 0.75 square metres of floor space per person.
Contents
4.1
In the changing facilities, separate clothes hanging facilities for each person
employed are to be provided (coat hooks only to be used).
4.2
In the changing facilities, sufficient seating accommodation for the changing of work
apparel is to be provided.
4.3
In the messing facilities, sufficient tables with fixed washable laminex or vinyl surface,
and seating for the taking of meals, are to be provided.
4.4
Food warming facilities to be supplied, together with a supply of cool, clean water
conveniently accessible, as well as boiling water at meal/rest breaks.
4.5
Receptacle for garbage with bin liner and rat and fly proof is to be supplied in mess
area, and emptied regularly.
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JDA 8 August 2012
5.
4.6
A washable vinyl floor surface in all facilities is to be provided.
4.7
Shelving is to be supplied in the mess shed for storage (cups, lunch bags, etc).
4.8
All facilities are to be cleaned and disinfected on a regular basis.
4.9
In the messing facilities air-conditioning (cooling) shall be supplied.
Sanitary Facilities - Construction
5.1
Closets shall be soundly constructed and roofed with weatherproof material. The floor
of each closet shall be well drained and constructed of concrete, bricks and cement,
or of other approved materials which shall be impervious to water. Every closet shall
be well lighted by natural or artificial light and shall be ventilated. Each closet shall
have a hinged door, capable of being fastened on the inside, lift seats/flaps and toilet
paper.
If closets are of single unit construction (only to be used for the formwork process),
not contained within a purpose built ablution block, privacy walls which shield the
closet/s from outside view shall be installed. (Privacy walls are not required for
purpose built ablution blocks eg ATCO huts)
6.
5.2
Where practicable, toilets to be connected to sewerage before commencement of the
job.
5.3
Closet/urinal location to be conveniently accessible to employees, but not so close as
to cause a nuisance to those persons.
5.4
Where necessary, portable water seal toilets of an approved standard are to be
provided and regularly serviced.
5.5
Conveniently accessible closets and urinals are to be distributed every 5th floor on
multi storey constructions.
5.6
Closets and urinals are to be washed daily with disinfectant and kept in clean,
hygienic condition.
5.7
Adequate washing facilities, suitably drained, and wash basins/troughs are to be
supplied with hot and cold running water.
5.8
Soap and towels are to be supplied.
Closet/Urinal Requirements
6.1
Employees
Closets
Urinals
Nil
1-5
6-10
6.2
11-20
2
2
21-35
3
4
36-50
4
6
51-75
5
7
76-100
6
8
For each additional 20 persons or part thereof up to 200 persons, one additional
urinal and one additional closet is required. For each additional 35 persons or part
thereof in excess of 200 persons, one additional urinal and one additional closet is
required. If a slab urinal is provided, each 600 mm shall be regarded as one urinal.
63
JDA 8 August 2012
Schedule 4 - Industrial Relations
T ..
,.i ... in ... Leave
The parties acknowledge that for workplace representatives to effectively under their duties they
should have the appropriate level of training. The Company recognises a workplace representative
who is well trained in matters including the rights and obligations under the various industrial
instruments that operate at the workplace and the rights and responsibilities under the relevant
legislation will as assist in minimising industrial disputes and further the objective of having a
harmonious workplace. To that end the following leave provisions apply.
(a)
Subject to all qualifications in this clause, an employee appointed or elected as an accredited
employee representative shall, upon application in writing to the Company, be granted up to 5
days leave with pay each calendar year non-cumulative to attend courses approved by the
parties.
Such courses shall be designed and structured with the objective of promoting good industrial
relations within the Company.
(b)
Consultation may take place between the parties in the furtherance of this objective.
(c)
For the purposes of this clause an "accredited employee representative" shall mean an
employee recognised by the employer in accordance with clause 8 hereof.
(d)
The following scale shall apply:
No. of employees covered
by this Agreement
Maximum No. of
Representatives eligible
to attend per year
Up to 15
(e)
Maximum No. of days
permitted per year
5
16-30
2
10
31-50
3
15
51-100
4
20
101 & over
5
25
The application for leave shall be given to the Company at least 6 weeks in advance of the
date of commencement of the course. The application for leave shall contain the following
details:
(i)
The name of the employee seeking the leave;
(ii)
The period of time for which the leave is sought (including course dates and the daily
commencing and finishing times); and
(iii)
The title, general description and structure of the course to be attended and the
location of where the course is to be conducted.
(f)
The Company shall advise the training provider within seven clear working days (Monday to
Friday) of receiving the application as to whether or not the application for leave has been
approved.
(g)
The time of taking leave shall be arranged so as to minimize any adverse effect on the
Company's operations. The onus shall rest with the Company to demonstrate an inability to
grant leave when an eligible employee is otherwise entitled.
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JDA 8 August 2012
(h)
The Company shall not be liable for any additional expenses associated with an employee's
attendance at a course other than the payment of ordinary time earnings for such absence.
For the purpose of this clause ordinary time earnings shall be defined as the relevant
Agreement classification rate including, shift work loadings where relevant plus Site
Allowance where applicable.
(i)
leave rights granted in accordance with this clause will not result in additional payment for
alternative time off to the extent that the course attended coincides with an employee's RDO
or with any concessional leave.
U)
An employee on request by the Company shall provide proof of their attendance at any
course within 7 days. If an employee fails to provide such proof, the company may deduct
any amount already paid for attendance from the next week's payor from any other moneys
due to the employee.
(k)
Where an employee is sick during a period when leave pursuant to this clause has been
granted proof of attendance at the course is not required for that period and the employee
shall receive payment if entitled under the provisions of clause 33.3 of the Award.
(I)
leave of absence granted pursuant to this clause shall count as service for all purposes of
this Agreement.
(m)
Any dispute as to any aspect of this clause shall be resolved in accordance with the dispute
settlement provisions of this Agreement.
65
JDA 8 August 2012
Schedule 5-
Health &
SCHEDULE OF APPLICABLE ACTS, REGULATIONS & CODES OF PRACTICE RELEVANT TO
THE CONSTRUCTION INDUSTRY
The parties agree that the existing requirements of applicable State and Commonwealth occupational
health and safety legislation shall in all cases apply.
In addition it is also agreed that the parties will adopt all current Australian/Worksafe/lndustry
Standards and Victorian Codes of Practice. Safety practices as set out in occupational health &
safety authority "Alerts" will be adhered to.
The Acts, Regulations and Codes of Practice to which the parties refer are:
ACTS:
Occupational Health and Safety Act 2004
Electricity safety Act 1998
Workers Compensation Act 1958
Accident Compensation Act 1985
REGULATIONS:
Accident Compensation Regulations 2001
Accident Compensation (Self-Insurers' Contributions) Regulations 1999
Dangerous Goods (Explosives) Regulations 2000
Dangerous Goods (Storage and Handling) Regulations 2000
Dangerous Goods (Transport by Rail) Regulations 1998
Electricity Safety (Installations) Regulations 1999
Equipment (Public Safety) (incident Notification) Regulations 1997
Equipment (Public safety) (General) Regulations 1995
Occupational Health and Safety (Asbestos) Regulations 2003
Occupational Health and Safety (Certification of Plant users and Operations) Regulations 1994
Occupational Health and Safety (Confined Space) Regulations 1996 (S.R. No. 148/1996)
Occupational Health and Safety (HazardOUS Substances) Regulations 1999
Occupational Health and Safety (Incident Notification) Regulations 1997
Occupational Health and Safety (Issue Resolution) Regulations 1999
Occupational Health and Safety (Major Hazard Facilities) Regulations 2000
Occupational Health and Safety (Manual Handling) Regulations 1999
Occupational Health and Safety (Noise) Regulations 2004
66
JDA 8 August 2012
Occupational Health and Safety (Plant) Regulations i 995
Occupational Health and Safety (Prevention of Falls) Regulations 2003
Occupational Health and Safety (lead) Regulations 2000
Occupational Health and Safety (lead Control) Regulations 1988
Occupational Health and Safety (Mines) Regulations 2002
Road Transport (Dangerous Goods) (license Fees) Regulations 1998
Road Transport Reform (Dangerous Goods) Regulations 1997
Workers Compensation Regulations 1995
Codes of Practice:
Code of Practice No.13 - Building and Construction Workplaces
Code of Practice No.20 - Confined Spaces
Code of Practice No.11 - Safe Use of Cranes in the Building and Construction Industry
Code of Practice No. 14 - Demolition
Code of Practice No. 14 - Demolition (Amendment No.1)
Code of Practice No. 25 - Manual Handling
Code of Practice No. 16 - Provision of OHS Information in languages other than English
Code of Practice No. 18 - First Aid in the Workplace
Code of Practice No. 17 - Noise
Code of Practice No. 19 - Plant
Code of Practice No. 23 - Plant (Amendment No.1)
Code of Practice No. 28 - Prevention of Falls in General Construction
Code of Practice No. 29 - Prevention of Falls in Housing Construction
Code of Practice NO.8 - Safety Precautions in Trench Operations
Code of Practice No. 27- Dangerous goods Storage and Handling
Code of Practice No. 24 - Hazardous Substances
Code of Practice No. 26 - lead
Industry Standards:
Electrical Installations on Construction Sites
Concrete Cutting and Drilling
Precast and Tilt-up Concrete for Buildings
67
JDA 8 August 2012
Concrete Pumping
Construction and Erection of Bridge Beams
VARICC Standard Specification for Asbestos Removal from Buildings, Structures, Ships, Plant &
Workplaces
Australian Standards:
AS/NZS 4576 - Guidelines for Scaffolding
AS/NZS 1576 Parts 1-4 - Scaffolding
AS 1577 - Solid timber scaffold planks
AS 1578 - Laminated timber scaffold planks
AS/NZS 1891.4 - Industrial Fall Arrest Devices - Selection, Use and Maintenance
AS 3828 - Guidelines for the erection of building steelwork
AS/NZS 3012 - Electrical Installations - Construction and Demolition sites
AS 3000 - Electrical Installations
AS 2294 - Protective structures for operators of earthmoving machines
AS 2550 - Parts 1-16 - Cranes - safe use of
AS 1418.1 - Cranes, Hoists and Winches
AS 1418.4 - Cranes - Tower Cranes
AS 1768 - Lightning Protection
AS2601 - The Demolition of Structures
AS1873.1 - Power Actuated (PA) Hand Held Fastening Tools, Part 1 Selection, Operation, and
Maintenance.
AS2436 - Guide to noise control on construction, maintenance and demolition sites
AS 3745 - Emergency control organisation and procedures for buildings
AS 3850 - Tilt up concrete construction
AS 3610 - Formwork for concrete
AS 1270 - Acoustics - Hearing protectors
AS/NZS 1800 - Occupational Protective Helmets - selection, care and use
AS/NZS 1336 - Recommended practices for occupational eye protection
AS INZS 1337 - Eye Protection
AS/NZS 4501.2 - Occupational protective clothing - General requirements
AS 1715 - Selection, use and maintenance of respiratory protective devices
AS 1716 - Respiratory Protective Devices
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JDA 8 August 2012
AS/NZS 2210 - Occupational protective footwear - guide to selection, care and use
AS 1674.1 - Safety in Welding and allied processes
AS 1674.2 - Safety in Welding and allied processes - Electrical
AS 4603 - Flashback Arrestors - safety devices for use with fuel gases and oxygen or compressed
air
AS 4839 - safe use of portable and mobile oxy fuel gas systems for welding, cutting, heating and
allied processes.
AS 2727 Chainsaws - Guide to safe working practices
AS 2772.1 Radiofrequency radiation
AS 2397 - Safe use of lasers in the construction industry
AS/NZS - Risk management
AS 1892 - Portable ladders
AS INZS ISOIIEC 1702 - General criteria for the operation of various types of bodies performing
inspection
AS 1657 - Fixed platforms, walkways, stairways and ladders - Design, construction and installation.
AS 1216.1 - Classification, hazard identification and information systems for dangerous goods Part 1
- Classification and class labels for dangerous goods
AS 1216.2-4 Classification, hazard identification and information systems for dangerous goods Part
2 - HAZCHEM emergency action code, Part 3 - NFPA hazard identification system Part 4 - UN
substance identification numbers
AS 1319 - Safety signs for the occupational environment
AS 1318 - SAA Industrial safety Colour Code
AS 2986 - Workplace atmospheres - Organic vapours sampling by solid adsorption techniques
AS 1473 - Guarding and safe use of woodworking machinery
AS1735 - Lifts, Escalators and moving walks.
AS 1755 - Conveyors
AS 1788 (Parts 1 & 2) - Abrasive wheels
AS 2359 - Industrial Trucks
AS 3509 - LP (Liquefied Petroleum) Gas fuel vessels for automotive use
AS 3533 Amusement Rides and Devices
AS 3788 - Boiler and Pressure Vessels - in service inspection
AS 3837 - Boiler and Pressure Vessels - Operation and maintenance
AS 3920 - Pressure equipment Manufacture Assurance of Quality
AS/NZ 4360:2004 - Risk Management
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JDA 8 August 2012
Schedule 6 - Notification to Work on Scheduled RDO
to clause
Date:
Company
Project
Scheduled RDO to be worked
Work to be undertaken, approximate number of employees required
Employee representative (if applicable):
Tick where appropriate:
..
Effected employee/s consulted by the employer
..
Effected employee/s not wishing to work in accordance with the clause have been given
opportunity to reasonably refuse
Effected employee/s informed that if they have a concern about working the scheduled RDO
they can raise the matter with their employee representative
Reason for work on scheduled RDO
..
Allow others to work productively
•
Maintenance, repair, commissioning
..
Unforseen delays
"
Unforseen emergency circumstances
..
Inclement weather
"
Unexpected delays, scheduling, supplies
..
Restrictions, laws, regulations, etc
IManag" Contact Detan,
70
JDA 8 August 2012
Schedule 7 - ROO and Christmas Close Down Dates
71
JDA 8 August 2012
WORKING DAY CALENDAR
2012
29
14
15
FLW
16
21
22
23
28
29
30
Sun
15
28
31
29
Tuesday 1 January 2013 = PH
Wednesday 2 January 2013 = AL
Thursday 3 January 2013 = AL
Friday 4 January 2013 = AL
Monday? January 2013 =AL
Tuesday 8 January 2013 = AL
Wednesday 9 January 2013 = ROO
Thursday 10 January 2013 = ROO
Friday 11 January 2013 = ROO
CFMEU Draft JDA 8 V2 16 April 2012
30
k...._.L..._...L._-L_....!.._......JI_ _k.........J
PH = Public Holiday
ROOs = Scheduled Rostered Oay Off
AL = Annual Leave
PO = Picnic Oay
Xmas Closedown - 24/1212012 to 11/01/2013
FWL = Fixed Long Weekend
WORKING DAY CALENDAR
r -______
__
14
21
28
Wednesday 1 January 2014 = PH
Thursday 2 January 2014 = AL
Friday 3 January 2014 = AL
Monday 6 January 2014 = AL
Tuesday 7January 2014 = AL
Wednesday 8 January 2014 = ROO
Thursday 9 January 2014 = ROO
Friday 10 January 2014 = ROO
PH = Public Holiday
ROOs = Scheduled Rostered Oay Off
AL = Annual Leave
PO = Picnic Oay
Xmas Closed own - 23/1212013 to 10/01/2014
FWL = Fixed Long Weekend
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JDA 8 August 2012
WORKING DAY CALENDAR
2014
21
28
22
23
29
30
Sun
Sat
6
13
Thursday 1 January 2015 = PH
Friday 2 January 2015 = AL
Monday 5 January 2015 =AL
Tuesday 6 January 2015 =AL
Wednesday 7 January 2015 = RDO
Thursday 8 January 2015 = RDO
Friday 9 January 2015 = RDO
23
24
PH = Public Holiday
RDOs = Scheduled Rostered Day Off
AL = Annual Leave
PD = Picnic Day
Xmas Closedown - 2411212014 to 910112015
FWL = Fixed Long Weekend
74
JDA 8 August 2012
WORKING DAY CALENDAR
2015
11
18
26
12
19
26
FLW
Friday 1 January 2016 = PH
Monday 4 January 2016 = AL
Tuesday 5 January 2016 = AL
Wednesday 6 January 2016 = ROO
Thursday 7 January 2016 = ROO
Friday 8 January 2016 =ROO
PH = Public Holiday
ROOs =Scheduled Rostered Day Off
AL = Annual Leave
PD = Picnic Day
Xmas Closedown - 2411212015' to 810112016
FWL = Fixed Long Weekend
, Nole: Anzac Day public holiday will be moved to 27
April 2015 if Gazetted by the Victorian Government
under the Public Holidays Act 1993 (as amended).
Should this occur, the RDO scheduled for 27 April
2015 shall be moved to 23 December 2015.
75
JDA 8 August 2012
Joint
rl'>l!>lmAIIU
Mark 820012-16
G - New South Wales
1.
This Appendix will apply only to work performed by Employees in New South Wales.
2.
Employees in New South Wales will be are members of the Australian Construction Industry
Redundancy Trust (ACIRT).
The Company will pay $83.00 into the ACIRT for every week of continuous work performed by
the Employee.
Once an employee has accrued 8 weeks pay in their ACIRT account, they may elect to have
their redundancy contribution paid into their nominated superannuation fund.
3.
Workers Compensation
For the purpose of the NSW Injury Management & Workers Compensation Act 1998, the
ordinary rate of pay shall be the Employee Benefit Rate, the Disability Allowance, and the
Responsibility Payment (if applicable).
Top-Up Workers Compensation Insurance f Income Protection
The Company shall affect an agreed non cancellable 'Workcover Top-Up" and "Income
Protection" insurance policy with U-Plus for Employees covered by this Agreement. Such
policy is to provide sickness and benefits that do not disadvantage employees compared to
the benefits under clause 11.
For the purposes of this clause "Workcover Top-Up Insurance" refers to additional lump sum
payments for death and permanent injury as awarded under the NSW Workers Compensation
Act.
4.
long Service leave Compliance
For the purposes of the New South Wales Long Service Leave Payments Scheme the rate
applicable for the long service leave payments will be the Employee Benefit Rate and the
Responsibility Allowance.
5.
Alcohol and Other
Policy
Any Employee conduct that is inconsistent with the Company Alcohol and Other Drug Policy
(or any site specific Company Alcohol and Other Drug Policy) will be managed in accordance
with the Building Trades Group of Unions Drug and Alcohol Safety Rehabilitation Program.
6.
Rostered Days Off
In addition to the RDO's provided for under the Award, CW's under this Agreement accrue an
additional 0.4 hours per ordinary day worked and paid leave which they can use for No work
Saturdays ( to a maximum 14.4 hours) and or additional agreed RDO's.
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Rostered Days Off (RDO's) may be banked to a maximum of six (6) days in any 12 month
period. These RDO's may be taken as a group of consecutive days or any other combination
as may be agreed between the Company and the Employee.
7.
Shutdown Weekends
Employees will use their RDO accruals of 14.4 hours on a No Work RDO Saturday.
Employees are entitled to a maximum of one Travel Allowance for each No Work Saturday.
8.
Shutdown Calendar
Subject to the consultative provisions in clause 7 of this Agreement, the following Shut-down
Calendars have been agreed:
Leisure Days and Public Holidays Calendar 2012
Monday January 2
Thursday January 26
Friday January 27
Saturday January 28
Sunday January 29
Monday February 27
Monday March 26
Friday April 6
Saturday April 7
Sunday April 8
Monday April 9
Wednesday April 25
Thursday April 26
Monday May 21
Saturday June 9
Sunday June 10
Monday June 11
Tuesday June 12
Monday July 16
Monday August 13
Monday September 10
Saturday September 29
Sunday September 30
Monday October 1
Tuesday October 2
Monday November 5
Saturday December 1
Sunday December 2
Monday December 3
Tuesday December 4
Saturday December 22
Sunday December 23
Monday December 24
Tuesday December 25
Wednesday December 26
No Work Public Holiday
No Work Public Holiday
RDO (fixed)
No Work Saturday
No Work Sunday
RDO (flexible)
RDO (flexible)
No Work Public Holiday
No Work Saturday
No Work Sunday
No Work Public Holiday
No Work Public Holiday
RDO (fixed)
RDO (flexible)
No Work Saturday
No Work Sunday
No Work Public Holiday
RDO (fixed)
RDO (flexible)
RDO (flexible)
RDO (flexible)
No Work Saturday
No Work Sunday
No Work Public Holiday
RDO (fixed)
RDO (flexible)
No Work Saturday
No Work Sunday
No Work Industry Picnic Day
RDO (fixed)
No Work Saturday
No Work Sunday
RDO (fixed)
Christmas Day
Boxing Day
Leisure Days and Public Holidays Calendar 2013
Tuesday January 1
Saturday January 26
Sunday January 27
No Work Public Holiday
No Work Saturday
No Work Sunday
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JDA 8 August 2012
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Monday January 28
Tuesday January 29
Monday February 25
Thursday March 28
Friday March 29
Saturday March 30
Sunday March 31
Monday April 1
Thursday April 25
Friday April 26
Saturday April 27
Sunday April 28
Monday May 20
Saturday June 8
Sunday June 9
Monday June 10
Tuesday June 11
Monday July 15
Monday August 12
Monday September 9
Saturday October 5
Sunday October 6
Monday October 7
Tuesday October 8
Monday November 4
Saturday November 30
Sunday December 1
Monday December 2
Tuesday December 3
Wednesday December 25
Thursday December 26
Friday December 27
No Work Public Holiday
ROO (fixed)
ROO (flexible)
ROO (fixed)
No Work Public Holiday
No Work Saturday
No Work Sunday
No Work Public Holiday
No Work Public Holiday
ROO (fixed)
No Work Saturday
No Work Sunday
ROO (flexible)
No Work Saturday
No Work Sunday
No Work Public Holiday
ROO (fixed)
ROO (flexible)
ROO (flexible)
ROO (flexible)
No Work Saturday
No Work Sunday
No Work Public Holiday
ROO (fixed)
ROO (flexible)
No Work Saturday
No Work Sunday
No Work Industry Picnic Day
ROO (fixed)
Christmas Day
Boxing Day
ROO leisure Days ami Public Holidays Calendar 2014
Wednesday January 1
Saturday January 25
Sunday January 26
Monday January 27
Tuesday January 28
Monday March 3
Monday March 31
Friday April 18
Saturday April 19
Sunday April 20
Monday April 21
Tuesday April 22
Friday April 25
Monday May 26
Saturday June 7
Sunday June 8
Monday June 9
Monday June 23
Monday July 21
Monday August 18
Monday September 15
Saturday October 4
Sunday October 5
Monday October 6
Tuesday October 7
Monday November 10
JDA 8 August 2012
No Work Public Holiday
No Work Saturday
No Work Sunday
No Work Public Holiday
ROO (fixed)
ROO (flexible)
ROO (flexible)
No Work Public Holiday
No Work Saturday
No Work Sunday
No Work Public Holiday
ROO (fixed)
No Work Public Holiday
ROO (flexible)
No Work Saturday
No Work Sunday
No Work Public Holiday
ROO (flexible)
ROO (flexible)
ROO (flexible)
ROO (flexible)
No Work Saturday
No Work Sunday
No Work Public Holiday
ROO (fixed)
ROO (flexibleJ_
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Saturday November 29
Sunday November 30
Monday December 1
Tuesday December 2
Thursday December 25
Friday December 26
Saturday December 27
Sunday December 28
Monday December 29
No Work Saturday
No Work Sunday No Work Industry
Picnic Day
RDO (fixed)
Christmas Day
Boxing Day
No Work Saturday
No Work Sunday
RDO (fixed)
It is noted by the parties that the Leisure Days and Public Holiday Calendars may be subject to
change. In such circumstance the industry parties e.g. CFMEU, MBA, will meet to determine any
variation.
9.
Concrete Pours
9.1
Employees shall not be required to start a concrete pour in inclement weather. Concrete
pours over 150 m3 that are delayed will not commence after 11 :00 am without full consultation
and agreement with the parties.
10.
Site Allowance
(a)
From 1 July 2013 all Employees will be paid a flat rate of $2.00 per hour worked.
(b)
From 1st July 2015 the following shall apply to all construction work in the
State of New South Wales Further, it is expressly agreed by the parties to this
procedure that Site Allowances will not be claimed on any project where the
project value is below $2.3 million provided that no employee is
disadvantaged compared to subclause (a).(i)
A Site Allowance shall be
paid at the appropriate rate per hour flat for hours worked, to compensate for
all special factors and/or disabilities on a project and in lieu of the following
Award special rates - confined space, wet work, dirty work, second-hand
timber and fumes
(ii)
The following table for site allowances applies:
Project Value - $million
Site Allowance
2.4m - 6.5m
$1.95
6.5m -16.0m
$2.15
16.0m-32.1m
$2.40
32.1m - 64.1m
$2.80
64.1m-128.3m
$3.35
128.3m -192.3m
$3.45
192.3m - 256.4m
$3.55
256.4m - 384.7m
$3.65
For projects above $384.7 million, there shall be an increment of 10 cents
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Project Value - $million
per additional $100m or part thereof.
I
Site Allowance
(c)
Notwithstanding that the above rates do not come into effect until 1 July 2015, the above rates
shall be reviewed no later than 30 September 2012 and thereafter for each subsequent year
of the Agreement taking account of the CPI movement and the economic circumstances
prevailing in the industry at that time.
(d)
The Site Allowance values and project values in this Clause shall be adjusted by the CPI (All
Groups, Sydney), effective from 1 October 2014 and for each year thereafter according to the
above CPI movement for the preceding period July to June in each year.
The Site Allowance shall be adjusted up or down to the nearest 5 cents, and Project value to
the nearest $100,000.
11. Clothing
Employees will be eligible for protective clothing.
Employees each year will be re-issued with the following:
(a)
in April five (5) shirts and three (3) pairs of pantsand one (1) jacket; and
(b)
in October five (5) shirts and three three (3) pairs of pants.
Clothing and footwear will be replaced on a fair wear and tear basis.
12. Apprentices
Apprentices, when hosted by the Company, shall receive terms and conditions contained in the
standard CFMEU enterprise agreement covering the type of work performed by Apprentices.
80
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Joint
H-ACT
1.
Application
This Appendix will apply to all Employees performing work for the Company in the Australian Capital
Territory (ACT).
2.
Rostered Days Off (ROO's)
(a) Subject to the consultative provisions set out in this Agreement, Employees will take
RDO's in accordance with the RDO industry calendar agreed by the Master Builders
Association and the Union.
(b) RDO Industry Calendar and Public Holiday Long Weekends.
The Public Holiday long weekends are as follows
1. Australia Day;
2. Canberra Day;
3. Easter Friday and Easter Monday;
4. Anzac Day;
5. Queen's Birthday; and
6. Labour Day.
The following is to be read in conjunction with clause 10 of the Agreement:
It is recognised that in the ACT there is merit in programming no work on the RDOs
adjacent to public holiday weekends during the working year. This will allow employees to
have quality paid leisure time.
Work may take place on a scheduled RDO or on any substituted day where it is required
by the Company and such work is necessary to allow other employees to be employed
productively to carry out out-of-hours maintenance or because of unforeseen delays to a
particular project or a section of it for other reasons arising from unforeseen or emergency
circumstances on a project. Such circumstances would include the following: excessive
periods of inclement weather, matters not necessarily the fault of the employer which has
led to the project being delayed or behind schedule, the requirement to meet the
principal's work program and unexpected delays in the project due to scheduling of other
works or supply of materials, or work that cannot be performed on other days because of
local government council restrictions, or other relevant laws or regulations.
Where the Company requires work to be performed on a Scheduled RDO(or a substituted
day) because of the existence of any of the above, it will:
(i)
At least 7 days prior to the RDO consult with the affected employees; and
(ii)
Advise the union in writing at least 7 calendar days prior to the RDO that work
will be performed only in respect of RDO's adjacent to public holiday long
Weekends
(iii)
Employees who agree to work will work on the scheduled RDO(or any
substituted day);
(iv)
An employee may refuse to work on a scheduled RDO(or any substituted day)
if the requirement to do so is plainly unreasonable having regard to:
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JDA 8 August 2012
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3.
Mark 8 20012-16
'"
the hours of work that will be worked by that employee in the week
of the scheduled ROO;
'"
the employee's family responsibilities; and
G
any other special circumstances peculiar to the employee.
(v)
Such work shall be paid for at ordinary time rates of pay;
(vi)
The untaken ROO will be re-scheduled to another day falling within six weeks
of the originally scheduled day provided that the re-scheduled RDO is to be
taken on a day or days adjacent to a weekend or in conjunction with annual
leave, or as otherwise agreed by the parties, such agreement not to be
unreasonably withheld.
Paid Parking
The Company will reimburse the cost of work related parking for Employees in the following
circumstances:
(i) Free parking is not available within 500 metres of the worksite; and
(ii) Where public transport is not available within 500 metres of the worksite.
4.
Training
Refer CI 9 of this Agreement.
5.
Redundancy
Employees in the ACT will be are members of the Australian Construction Industry
Redundancy Trust (ACIRT).
The Company will pay $83.00 into the ACIRT for every week of continuous work performed by
the Employee.
Once an employee has accrued 8 weeks pay in their ACIRT account, they may elect to have
their redundancy contribution paid into their nominated superannuation fund.
6.
6.1
6.2
Inclement Weather Policy
This clause is to be read in conjunction with clause 23 of the Award, CI 17 of this Agreement
and the relevant 2011 OHS Act regulations, associated regulations & approved codes of
practice.
Inclement weather means the existence of rain or abnormal climatic conditions (whether hail,
extreme cold, high wind, severe dust storm, extreme high temperature (37 degrees C or
above) or the like or any combination of these conditions) where it is not reasonable or it is
unsafe for employees to continue working in those conditions
6.3
Temperature will be measured at the nearest automatic Bureau of Meteorology Monitoring
Station to the project.
6.4
The employer or its representative, when requested by the employees or their representative,
must consult within a reasonable time (which does not exceed 60 minutes) for the purpose of
determining whether or not the conditions referred to in this clause apply.
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6.5
When inclement weather conditions exist an affected employee is not required to commence
or continue to work where it is unreasonable or unsafe to do so. In cases where emergency
work is required or it is necessary to complete a concrete pour already commenced to a
practical stage, work may occur or continue provided that such work does not give rise to a
reasonable concem on the part of an employee undertaking the work of an imminent risk to
their health or safety.
6.6
Fresh, cold drinking water must be made available throughout the day to ensure fluid intake
for Employees in warmer conditions. Respite breaks & employee rotation is to be considered
in managing the risk to health & safety of the employees.
6.7
It is agreed that, after consultation with the affected Employee(s), the Company can transfer
Employees to an unaffected area or other sites not affected by inclement weather
1. Site Allowance
(a)
From 1 July 2013 all Employees will be paid a flat rate of $2.00 per hour worked.
(b)
From 1st July 2015 the following shall apply to all construction work in the
Australian Capital Territory. Further, it is expressly agreed by the parties to
this procedure that Site Allowances will not be claimed on any project where
the project value is below $2.3 million provided that no employee is
disadvantaged compared to subclause (a). (i)
A Site Allowance shall be
paid at the appropriate rate per hour flat for hours worked, to compensate for
all special factors and/or disabilities on a project and in lieu of the following
Award special rates - confined space, wet work, dirty work, second-hand
timber and fumes
(ii)
The following table for site allowances applies:
Project Value - $million
Site Allowance
2.4m - 6.5m
$1.95
6.5m -16.0m
$2.15
16.0m-32.1m
$2.40
32.1m - 64.1m
$2.80
64.1m -128.3m
$3.35
128.3m -192.3m
$3.45
192.3m - 256.4m
$3.55
256.4m - 384.7m
$3.65
For projects above $384.7 million, there shall be an increment of 10 cents
per additional $100m or part thereof.
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(c)
Notwithstanding that the above rates do not come into effect until 1 July 2015, the above rates
shall be reviewed no later than 30 September 2012 and thereafter for each subsequent year
of the Agreement taking account of the CPI movement and the economic circumstances
prevailing in the industry at that time.
(d)
The Site Allowance values and project values in this Clause shall be adjusted by the CPI (All
Groups, Sydney), effective from 1 October 2014 and for each year thereafter according to the
above CPI movement for the preceding period July to June in each year.
The Site Allowance shall be adjusted up or down to the nearest 5 cents, and Project value to
the nearest $100,000.
S.
Protective Clothing
All Employees will be issued with clothing as described below. All clothing will, where possible,
be of Australian manufacture and meet Australian standards.
8.1
Safety Footwear
Appropriate safety footwear shall be supplied to all Employees on commencement with the
Company, and will be replaced on a fair wear and tear basis provided it is produced as
evidence.
8.2
Clothing
Two sets of clothing per calendar year shall be supplied to all Employees after accumulated
employment of two weeks and will be replaced once per calendar year thereafter.
The clothing will consist of the following:
(a)
4 Long sleeve shirts
(b)
2 long pants; or
(c)
2 knee length shorts
(d)
1 jumper
8.3
Jackets
Each employee, after accumulated employment of two weeks, shall be eligible to be issued, if
requested, with one warm woollen, jacket which will be replaced once per calendar year
thereafter.
8.4
Acknowledgment of Receipt
Each Employee shall acknowledge receipt of any issue of protective clothing and footwear by
signing an appropriate personal issue register.
9. Income Protection
With reference to CI 11.5 (f) of the Agreement, in the event that another insurance provider is
considered, the Built Plus Gold Policy shall be included in any assessment.
10. Christmas Shut Down
10.1
The Company will observe the Building and Construction Industry Christmas
Closedown Period. Sites will close lunchtime 22nd December (or earlier if the 22nd falls on a
weekend). Sites will reopen on the second Monday of January.
10.2
Provided however, that due to unforeseen circumstances the Company may require
Employees to work during this period.
11.
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Apprentices, when hosted by the Company, shall receive terms and conditions contained in the
standard CFMEU enterprise agreement covering the type of work performed by Apprentices.
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I1.
and Northern
APPLICATION
This Appendix will apply to all Employees performing work in Queensland and the Northern
Territory.
2.
ROSTEREO OAYS OFF (ROO'S)
2.'1
Ordinary working hours will be scheduled in a 10 day cycle, Monday to Friday inclusive, with 8
ordinary working hours worked for each of 9 days and with 0.8 of an hour on each of those
days accruing toward the tenth day, which will be known as the rostered day off.
2.2
26 rostered days are to be taken off by an employee for every 12 months continuous service
in accordance with the dates set out in the ROO calendars contained in section 10. However,
an RDO Calendar may be changed by notice from the Union to the Company, to move an
RDO from a date, including one which is declared as a Public Holiday, to another date. Such
notice is likely to be given to ensure some RDOs occur during school holidays.
Industry RDOs
13 of the 26 RDOs each calendar year are "Industry RDOs" upon which work must not be
performed except where the Union Secretary (or someone appointed by him for the purpose
of this subclause) agrees in writing (e.g. by email). Where the work is Critical Work, such
agreement shall not be unreasonably withheld. For the purpose of this agreement Critical
Work is any work that is critical to the project programme, potentially hazardous to others, is
the erecting, jumping or removing cranes or hoists, erecting or dismantling jump form, or other
emergency circumstances that require work on such day. Work on industry RDOs must be
paid for at Saturday rates with a minimum payment as for 8 hours.
EBA RDOs
RDOs shown on the Calendars in clause 10 as EBA RDOs are RDOs on which work may be
performed without written agreement from the Union Secretary, subject to subclause 2.6_of
this Appendix.
2.3
Payment for rostered days off will include an entitlement to the daily fares and travel
allowance.
2.4
Each day of leave taken and any public holiday occurring during any cycle will be regarded
as a day worked for accrual purposes.
2.5
An employee who has not worked a complete cycle will receive pro rata accrued entitlements
payable for the rostered day off.
2.6
Where the Company wants an employee or a number of employees to work on any RDO, the
following process shall be followed:
86
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a) The Company must consult with the worker at least 1 week prior to the scheduled ROO
which is proposed to be worked;
b) Only those employees who agree to work will be required to work on the scheduled ROO;
c) The Company will notify the Unions who are party to this Agreement it proposes to vary the
ROO - such notice shall be in writing and be issued as soon as is practicable but no later
than one week prior to the scheduled ROO.
In circumstances where the work to be performed is directly related to safety, and this has
been affirmed by all of the site's elected safety representatives, the above approval process
shall not apply.
2.7
No employee shall be pressured to work on a ROO. The decision to work on a ROO shall
remain entirely at the employee's discretion.
2.8
Where the above process has not been followed, all work performed on the Rostered Day Off
shall be paid for at Saturday rates of pay. All other entitlements relating to Saturday work shall
also apply.
2.9
Where grouping of ROO's require the employee to take more than he/she has accrued, then
the employee will be entitled to go into credit up to a balance of not more than 5 days plus the
employee's accrued holidays.
2.10
Up to five (5) ROOs may be banked. If Banked ROOs are not taken in the calendar year in
which they were banked, or by 31 January of the following year, a loading of 17.5% is payable
on such banked ROOs.
3.
REDUNDANCY
3.1
The company will utilise the Building Employees Redundancy Trust (BERT) to meet all of the
liabilities for redundancy payments and further to ensure that an amount equal to the credit
balance of the employee's account in the BERT Fund is paid to the employee when the
employee is entitled to that payment as described in the Trust Deed creating the BERT Fund.
3.2
The company will contribute on behalf of each employee the following minimum weekly
amount:
•
$75.00 per employee effective first pay period January 2011
•
$79.00 per employee effective first pay period January 2012
®
$83.00 per employee effective first pay period January 2013
®
$90.00 per employee effective first pay period January 2014
®
$95.00 per employee effective first pay period January 2015
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JDA 8 August 2012
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Queensland Apprentice contributions shall be
calculated using the following percentage
1st
2nd Stage
Stage
45%
55%
3rd
4th
Stage
Stage
75%
90%
At the same time contributions are made to the BERT Fund, the company must pay to the
Trustee of the Building Employees Welfare Trust (BEWT) an amount equal to the following:
3.3
"
$10.20 per employee effective first pay period effective January 2012
"
$11.00 per employee effective first pay period effective January 2013
..
$11.90 per employee effective first pay period effective January 2014
..
$12.45 per employee effective first pay period effective January 2015
Contributions will continue to be paid on behalf of an employee during any absence on paid
leave such as annual leave, long service leave (including leave paid for by Q-Leave), public
holidays, sick leave and bereavement leave. The company shall also be required to make
contributions while an employee is absent from work and is claiming Workers Compensation
for a maximum period of 12 months.
3.4
Where the employee's balance in the BERT Fund reaches $12000.00 or an amount that
equals 10 weeks wages, the employee will have the option to continue to have contributions
paid into BERT or redirected to LL Super, CBUS or BUSS(Q). It is the employee's option
only. Where an employee exercises (or has exercised) this option, his or her redundancy
entitlement will be deemed met for all current and future entitlements arising from the current
employment engagement.
3.5
Contributions to BERT must be made, at the minimum, on a monthly basis. Details of the
company's contribution for each month including when contribution was made and for how much,
are to be shown on the employee's wage statement by the end of the second week of each
subsequent month.
4.
SITE ALLOWANCE
A Site Allowance as detailed below will be paid as a flat amount for each hour worked and will
remain unaltered for the duration of each project. At the commencement of any new project
by the company the company will inform the relevant employees of the value of the project
that was notified to QLeave and will provide the Unions with a copy of the documentation
lodged with QLeave.
The scale in subclause 4.2 will apply to all new projects commenced on or after the operation
of the Agreement and will be fixed for the life of the project. Projects that commenced prior to
88
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the operation of this agreement will maintain the site allowance scale per JDA VII shown in
subclause 4.1:
4.1 Site Allowance Scale for projects that commenced prior to this agreement
$ Value of project
4.1
Site allowance
3.2M-5M
80c
5M -10M
95c
10M -15M
$1.10
15M - 35M
$1.40
35M - 50M
$1.70
50M -75M
$2.00
75M -100M
$2.25
100M -125M
$2.55
125M-150M
$2.85
150M-175M
$3.10
175M -200M
$3.40
200M -225M
$3.70
225M -250M
$4.00
250M - 300M
$4.30
300M -350M
$4.65
350M -400M
$4.95
400M - 500M
$5.40
>500M
$6.00
Site Allowance Scale for new projects commencing from the date of this agreement
Value of project
Site allowance
0-$20m
$ 1.70
$20-$100m
$ 2.50
$100-$200m
$3.50
$200-$300m
$4.50
$300-$400m
$5.00
$400-$500m
$5.50
$500m-$600m
$6.00
$600-$700M
$7.00
>$700m
$8.00
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5.
HOURS OF WORK
5.1
Ordinary hours will be 36 hours per week worked between 6.00 a.m. and 6.00 p.m. Monday to
Friday. However, ordinary hours may commence from 5.00 a.m. by agreement between the
Company and the relevant Employees. Any change in start time will be confirmed by the
Company in writing.
5.2
The maximum number of hours worked on site by any employee will be not more than 58
hours per week, which shall be taken to mean no more than 10 hours per day Monday to
Friday and 8 hours Saturday. In certain circumstances, hours may be extended to perform
works which are critical to the ongoing productivity of other workers on the project or where a
critical work task is delayed due to unforeseen circumstances. However, it is agreed that
Sunday work and hours in excess of the aforementioned will not be worked unless agreement
is reached between the parties. Whilst such agreement will not be unreasonably withheld, an
appropriate written consultative process must be implemented prior to agreement being
sought.
5.3
If an employer is found to have breached the previous sub clause on more than 2 instances in
any 28 day period, each employee required to work in excess of the maximum hours shall be
paid double time for all hours worked on that day.
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JDA 8 August 2012
INCLEMENT WEATHER CALENDAR 2012
I
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32
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Thu
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2nd
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24
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<D
s:lirproforlebal2011 - 201SIdraflslappendix i jda 300312.docx
Joint
7.
Mark 820012-16
PROTECTIVE CLOTHING AND FOOTWEAR
The parties agree that the personal appearance and behaviour of the company's Employees
contributes directly to the image of the Company for present and future clients. To positively
project the Company's image, all Employees shall ensure that the Company supplied
equipment and clothing is worn during work hours and maintained in good condition.
Damaged and/or worn footwear will be replaced on a fair wear and tear basis, provided they
are produced for inspection.
New employees upon commencement of employment, as soon as practicable but no later
than 1 month after commencing employment, are entitled to receive Company clothing as
follows:
Initial Issue
Six (6) shirts, either long sleeve Tamiami or Gloweave shirt or the Hi-Visibility Microfibre polo
shirt
Three (3) shorts or trousers
One (1) fleece, jumper or jacket
One (1) pair of safety boots
Clothing will be re-issued on the following basis and/or a fair tear and wear basis.
Yearly during the month of April
Six (6) shirts, either long sleeve Tamiami or Gloweave shirt or the Hi-Visibility Microfibre polo
shirt
Three (3) shorts or trousers
One (1) fleece, jumper or jacket
Boots on a fair wear and tear basis
Clothing and footwear supplied will have a minimum UPF rating of 440 (Australian Standard
4399) and meet all relevant Australian Standards, be Hi-Vis and practicable for the climactic
conditions.
Employees who wilfully damage supplied protective clothing must replace the damaged item
at their own cost and the disciplinary procedure of this Agreement will be applied.
92
JDA 8 August 2012
,."''''nnp''r.... Mark 8 20012-16
8.
LEAVE
All employees covered by this Agreement are entitled to long service leave on full pay under,
subject to, and in accordance with, the provisions of Chapter 2, Part 3, sections 42-58 of the
Queensland Industrial Relations Act 1999 as amended from time to time, or the provisions of
the Building and Construction Industry (Portable Long Service Leave) Act 1991. Section 43
subsection (4) of the Queensland Industrial Relations Act 1999 does not apply to employees
covered by this agreement.
93
JDA 8 August 2012
Joint Development
CONSlRUCTJON
AND GENERAL
t"
*';fV*
*
Mark 8 20012-16
10.
RDO CALENDAR 2012
February
S
M
T
W
T
March
F
S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29
S
M
T
M
T
W
F
S
S
M
W
T
F
S
3 4
5 6 7
10 11 12 13 14
17 18 19 20 21
24 25 26 27 28
31
S
M
T
T
W
T
F
1
2
S
M
T
W
T
F
8
T
F
S
3 4
9 10 11
5
12
6
13
14
15
16
17
18
19 20
21
22
23
24
25
26
28
29
30
31
27
School Holidays
Public Holidays
94
JDA 8 August 2012
31
S
S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
October
7
3
10
17
24
September
T
1 2
8 9
15 16
22 23
29 30
W
S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
July
M
F
June
T
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
S
T
1 2
4 5 6 7 8 9
11 12 13 14 15 16
18 19 20 21 22 23
25 26 27 28 29 30
May
S
W
--
7
.
,
CONSTRUCTJON
AND GENERAL
•ment
Mark 8 20012-16
·';it?'·
•
....
2013 RDO CALENDAR
February
S
M
T
W
T
March
F
S
S
W
T
2 3 4
7 8 9 10 11
14 15 16 17 18
21 22 23 24 25
28 29 30 31
F
S
5 6
12 13
19 20
26 27
October
M
T
1
6
7
8
13
14
15
W
T
2
3
9 10
20
21
22
16
23
27
28
29
30
F
M
T
W
S
M
T
W
2 3 4 5
9 10 11 12
16 17 18 19
23 24 25 26
30
T
F
S
1
6 7 8
13 14 15
20 21 22
27 28 29
17
24
31
M T
1 2 3
8 9 10
15 16 17
22 23 24
29 30
S
T F S
4 5 6 7
11 12 13 14
18 19 20 21
25 26 27 28
W
December
F
S
4
5
11
12
18
19
25
26
School Holidays
Public Holidays
JDA 8 August 2012
S
September
1
S
T
June
July
T
W
May
T F S
1 2 3 4
7 8 9 10 11
5 6
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
M
T
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 3D
31
S
S
M
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28
95
.."'''',.... ''',,.... Mark 8 20012-16
Joint
2014 and 2015 RDO Calendars
The 2014 and 2015 RDO Calendars will be provided by the Union to the company a year
before each calendar commences, or earlier, after the statutory public holidays and the school
terms are declared by the State Government.
11.
UNION DELEGATEI SAFETY REPRESENTATIVE
The company recognises the responsibilities and skills required to perform the role of an
elected Union Delegate or Workplace Health and Safety Officer in Queensland or Northern
Territory and are to be paid the following all purpose allowance per hour for hours worked:
Union Delegate and
Safety Rep Allowance
12.
1 Jan 2012
$2.10 p/h
1 Jan 2013
$2.20 p/h
1 Jan 2014
$2.32 p/h
1 Jan 2015
$2.44 p/h
PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS
Where a safety concern exists, the person who has the concern shall discuss it with the
Company. An inspection of the area may be made by a member of the Company project
management team and/or the concerned person, and/or the safety committee chairperson,
and/or the Employees Representative if deemed necessary.
Any agreed safety measure or remedial action that needs to be taken shall occur in one of the
following ways:
e
•
In the first instance fixed on the spot; or
Listed for urgent rectification
If it is necessary to relocate any Employee(s) who are working in the unsafe area to a safe
area or another site, the Company representative will do so immediately.
If agreement is not reached regarding the safety concern and/or a required remediation
action, a Workplace Health and Safety Queensland (WHSQ) Inspector may be called to the
site to inspect the area and give their opinion. In such cases, the Employees in the area will
not be required to work in the area of concern pending the WHSQ Inspection.
Should the WHSQ Inspector declare part or the whole project unsafe, the parties commit to
adhering to the following procedures:
(i)
(ii)
(iii)
(iv)
(v)
The Company will nominate, in conjunction with the Site Safety Committee, the order
of priority of the unsafe zones to be inspected by the Site Safety Committee, the
order of priority of the unsafe zones to be inspected by the Site Safety Committee
and an immediate inspection shall take place.
The inspection will identify the safety work needed to take place in each zone.
As zones are agreed for rectification all Employees who can gainfully be employed
will immediately commence rectification works.
Upon verification by the Site Safety Committee, that such rectification has been
completed productive work will resume. The resumption of work will take place
progressively as each zone has been cleared.
In the event that the parties are still not in agreement following this process, there
shall be a conSUltation process between the relevant Operations Manager of the
Company and the relevant union secretary (or someone appointed by them for the
purpose of this clause) with a commitment to reaching agreement.
96
JDA 8 August 2012
r"'''' ...... '''nt
Mark 8 20012-16
It is specifically agreed that Employees will not leave the site without the approval of the
Company Construction Manager - who in deciding whether to give approval shall liaise with
the concerned person(s).
13.
AUDiTS FOR COMPLIANCE WiTH THIS AGREEMENT
Step 1 Complaints, queries and concerns regarding entitlements paid in relation to the appropriate
legal industrial instrument shall be raised and resolved in accordance with the current custom
and practice. Duly authorised industrial personnel shall be provided access to time and wage
records in accordance with all legal requirements.
Step 2 If the Union suspects significant breaches of the EBA and requests the production of an audit
in the approved form (13.1), the employer must provide such certificate.
Step 3 Where further evidence exists of continuing non-compliance or significant breaches by the
employer, the Union may further request an independent audit report detailing all entitlements
be provided by an auditor with a practice certificate from the Institute of Chartered
Accountants or registered CPA. The auditor shall be approved by the unions and all costs of
the audit payable by the employer.
The employer will comply with the following conditions in preparing the independent audit
report:
engage an auditor who holds a current public practice certificate of the Institute of
Chartered Accountants in Australia or CPA Australia;
(ii) ensure that the audit include advice as set out in appendix 13.2;
(iii) request that the work performed in the audit be in accordance with Australian Auditing
Standard 802 "The Audit Report on Financial Information Other than a General Purpose
Financial Report" and Auditing Guidance Standard 1044 "Audit Reports on the
Information Provided other than in a Financial Report"; and
(iv) the independent audit report will include an audit certificate signed by the auditor, which
will include advice as set out on appendix 13.2.
(i)
Failure to comply with the requirements of this clause, or the submission of a false or
misleading audit certificate, may result in a union party to this agreement requiring a full audit
of the employer's time and wages records and all other records required to ensure
compliance with this agreement. The full audit will be conducted by an auditor who is
approved by the union and who is independent from the employer's business.
97
JDA 8 August 2012
Joint
13.1
Mark 820012-16
AUDIT CERTIFICATE
EMPLOYER NAME: .........................................................................................................................................................
.................................................................................................................................................................
ADDRESS: ........................................................................................................................................................................
PRINCIPAL NAME: ..........................................................................................................................................................
PRINCIPAL TITLE: ...........................................................................................................................................................
WORKCOVER POLICY NUMBER: ..................................................................................................................................
Number of Personnel:
0
Overtime 1%
0
Overtime 2x
0
Base Hourly Rate:
0
Fares & Travel:
0
BUSS(Q):
Yes
0
No
0
CBUS):
Yes
0
No
0
BERT:
Yes
0
No
0
BEWT:
Yes
0
No
0
CIPQ:
Yes
0
No
0
RDO Accrual:
Yes
0
No
0
Annual leave:
Yes
0
No
0
Sick leave:
Yes
0
No
0
PlSl:
Yes
0
No
0
Group Tax:
Yes
0
No
0
STATUTORY DECLARA nON BY PRINCIPAL: I hereby state that the Employer has paid all of
its entitlements and legal obligations in accordance with the appropriate industrial instrument.
PRINCIPAL
AUTHORISED BY C.P.A. I INSTITUTE OF CHARTERED ACCOUNTANTS
EMPLOYER NAME: ..................................................................................................................................
NAME OF ACCOUNTANT: .......................................................................................................................
REGISTRATION DETAilS: .......................................................................................................................
AUTHORISA nON STATEMENT: I have examined the time and wages records and hereby
certify that they are in accordance with the appropriate industrial instrument.
CERTIFIED PRACTICING
ACCOUNTANT
13.2 AUDIT CERTIFICATE
To (insert employer name)
We have been provided with a copy of, and have read, the (insert name of this Enterprise
Agreement).
98
JDA 8 August 2012
Joint uevellOO
..",.,.m""nT Mark 8 20012-16
We have audited the Time and Wages records and all other records of (insert employer name) ,Jor
the years ending
/ /
, which records we believe were necessary to be audited in order to
determine whether (insert employer namethas complied with its certified agreement.
The Managing Director/Owner of (insert employer name) was responsible for providing all records
required to undertake the audit.
We have conducted an independent audit of the records in order to express an opinion on whether
(insert employer namethas complied with its certified agreement. We disclaim any assumption of
responsibility for any reliance on this report to any person other than to the parties bound by the
(insert name of this Enterprise Agreement) or for any purpose other than that for which it was
prepared.
Our audit has been undertaken for the purpose detailed in clause XX of the (insert name of this
Enterprise Agreement) and has been conducted in accordance with Australian Auditing Standards.
Our procedures included (insert procedure utilised).
These procedures have been undertaken to form an opinion whether, in all material respects. has
complied with its certified agreement.
Audit Opinion
In our opinion (insert employer namethas complied with its certified agreement, for the year ending
I
/
Or
In our opinion (insert employer namethas not complied with its certified agreement, for the year
ended
/
/
. All areas of non-compliance with the certified agreement are listed in
attachment A to this certificate.
Date: ............................................................. .
Firm: .............................................................. .
Address: ........................................................ .
Partner: ........................................................... .
99
JDA 8 August 2012
Joint
Mark 8 20012-16
14.
Queensland Apprentice Rates of Pay
14.1
Queensland Apprentice Employee Benefit Rate per Hour
Classification
1.1.12
1.1.13
1.1.14
1.1.15
Apprentices Stage 4
90%
$31.73
$33.31
$34.98
$36.73
Apprentices Stage 3
75%
$26.44
$27.76
$29.15
$30.60
Apprentices Stage 2
55%
$19.39
$20.36
$21.37
$22.44
Apprentices Stage 1
40%
$14.10
$14.81
$15.55
$16.32
A person engaged as an Apprentice who has had more than 12 months experience in the
construction industry will be paid at the CW3 rate of pay, or the appropriate percentage of the CW4,
whichever is the higher
14.2
Redundancy Payments
The Company will contribute the following amounts into BERT on behalf of each Apprentice
1.1.12
1.1.13
1.1.14
1.1.15
Apprentices Stage 4
Wk
$71.10
$74.70
$81.00
$85.50
Apprentices Stage 3
Wk
$59.25
$62.25
$67.50
$71.25
Apprentices Stage 2
Wk
$43.45
$45.65
$49.50
$52.25
Apprentices Stage 1
Wk
$35.55
$37.35
$40.50
$42.75
Classification
At the same time contributions are made to BERT, the Company will make the following additional
contributions to BEWT on behalf of each Apprentice
Allowance Amount I
per week
Wk
14.3
1.1.12
1.1.13
1.1.14
1.1.15
$10.20
$11.00
$11.90
$12.45
Fares and Travelling Allowances
Apprentices shall receive the following amount as a daily entitlement
1.1.12
1.1.13
1.1.14
1.1.15
Apprentices Stage 4
95%
$31.92
$33.52
$35.19
$36.95
Apprentices Stage 3
90%
$30.24
$31.75
$33.34
$35.00
Apprentices Stage 2
85%
$28.56
$29.99
$31.48
$33.06
Apprentices Stage 1
75%
$25.20
$26.46
$27.78
$29.17
Classification
14.4
Meal Allowance
Queensland Apprentices shall receive the following;
100
JDA 8 August 2012
Joint
14.5
Mark 8 20012-16
Superannuation
Company Contribution will be 9% of ordinary time earnings (OTE) per week
15.
Communication meetings
A Union Communication Meeting with the Employees may be held on a per site "as and when
required" basis. The frequency of these meetings shall be reasonable.
Notice of such meetings including the reason for the meeting to occur, shall be notified by the
secretaries of the relevant unions at least one day before the meeting date. The meetings will be of
no more than two hours in duration, and may occur during paid time.
101
JDA 8 August 2012
Joint
...... m .. n1
Mark: 8 20012-16
J - South Australia
1.
Application
This appendix will apply only to work performed by Employees in South Australia
:2
Redundancy
2.1
The Company is registered with the South Australian Building Industry Redundancy Trust
(BIRST)
2.2
Employees in South Australia will be-are members of the South Australian Building Industry
Redundancy Scheme Trust (BIRST)
2.3
The Company will pay $80.00 into the BIRST for every week of continuous work performed by
the Employee. This contribution will increase to $90.00 from 1 July 2013.
2.5
Once an employee has accrued 8 weeks pay in their BIRST account, they may elect to have
their redundancy contribution paid into their nominated superannuation fund.
3.
long Service leave Compliance
For the purposes of the South Australia Construction Industry, the rate applicable for the long
service leave payments will be the Employee Benefit Rate.
4
Alcohol and Other Drug Policy
The Company will manage any Employee breaches of the Company Alcohol and Other Drug
Policy in accordance with the Building Trades Group of Unions Drug and Alcohol Safety
Rehabilitation Program.
5
Rostered Days Off
Rostered Days Off (RDO's) may be banked to a maximum of six (6) days in any 12 month
period. These RDO's may be taken as a group of consecutive days or any other combination
as may be agreed between the Company and the Employee.
6
Inclement Weather
Subject to the consultative provisions in clause 20 of this Agreement the following procedure
on inclement weather (extremes of heat) will be followed.
6.1
Preamble
This procedure has been adopted to facilitate the application of Major Contractors (SA) Group
Policies on 'Heal Stress and Discomfort' and 'U.V. Radiation' on building project sites and to
allow a structured common-sense approach to inclement weather conditions to apply. The
respective 'inclement weather conditions' of the Building Industry Awards have been
referenced in regard to their specific standards and their spirit of intent.
6.2
location
These procedures shall apply on Major Contractors (SA) designated commercial building sites
in the Adelaide metropolitan area excluding Hills area as defined by clause 6.4(8) of this
102
JDA 8 August 2012
Joint
Mark 8 20012-16
appendix.
Temperature reference information shall be sourced from the Bureau of
Meteorology in Kent Town.
6.3
Approach
Where hot conditions are anticipated to occur or do occur, site management shall endeavour
to manage the process of work by reducing exposure time and appropriate rescheduling.
Relocation and transferring of labour will be required and applied in a common-sense manner
and in any case shall be competed prior to 35°C. Consultation with site delegates shall occur
in relation to the above.
Where site Union representative or employees consider they are being affected by
inclemency they shall bring the matter to the notice of on-site management. A conference
between management an don-site employee representatives, and where appropriate, an
inspection shall take place to consider the matter as soon as possible, but in any event within
30 minutes of a request for the same. Such conferences shall be mandatory in accordance
with the Award provisions.
Site Management shall anticipate the heating effect of sustained temperatures on the internal
environment of buildings even in circumstances where the external temperature is less than
35°C.
6.4
Application
Subject to 6.3 above and upon being advised by the Bureau of Meteorology at Kent Town
that the general outside temperature is 35°C the following shall apply:
(1)
Employees shall continue working in areas where air conditioning is operating and in
all other areas, which are clearly cooler than the general outside temperature.
(2)
Relocation and transfers of employees to less exposed areas shall occur prior to
inclemency arising and provided such areas do not exceed 35°C. Employees shall
remain working in accord with '3' Approach. Provided that no employee shall be
transferred to a cooler work area unless there is work available in his/her vocation.
(3)
Concrete pours and emergency work shall continue until they reach a practical stage.
Where it is necessary for services such as external man and material hoists, fixed or
mobile cranes to operate to service employees working in cooler areas, or to
complete concrete pours or emergency work, then such employees who continue to
work in inclement conditions shall be paid at a rate of double-time calculated to the
next hour (in continuity with the spirit and intent of Clause 23.6 of the Award).
All practical methods of ensuring the welfare of these employees shall be applied.
Employees shall not be called upon to work in unreasonable amount of hours in these
circumstances.
(4)
All other employees in cooler areas shall be paid at ordinary time rates as per Award.
(5)
Where employees continue working on site as provided in this Agreement the safety
and/or first-aid officer shall remain on site and shall be paid ordinary time rates as per
Award, where he/she can be located in a cooler working area; or at double-time rates
calculated to the next hour where he/she is required to continue working in inclement
condition as in emergency work.
103
JDA 8 August 2012
Mark 8 20012-16
Joint
(6)
Employees who cannot be relocated from exposed work areas to cooler work areas
shall be located in the air conditioned amenities buildings provided that all areas shall
be left in a safe condition and all tools and equipment properly stored. The
employees prevented from working due to hot work conditions:
(a)
For more than an accumulated total of 4 hours of ordinary time in anyone
day, or;
(b)
After the meal break for more than an accumulated total of 50% of the normal
afternoon work time, or;
(c)
During the final 2 hours of the normal work day for more than an accumulated
total of 1 hour,
the employer shall not require the employees to remain on site beyond the expiration
of any of the above circumstances. The employer shall take into consideration the
pattern of the previous days temperature and the temperature forecast for the
remainder of the day in assessing a full or lesser application of the above criteria.
With the exception of employees working in air conditioned areas all other employees
remaining on site and not affected in inclemency as defined above shall continue
working but the employer shall not require them to remain on site during the final hour
of the normal working day.
Upon being advised by the bureau of Meteorology at Kent Town that the general
outside temperature is 37°C the following shall apply:
With the exception of employees working in air conditioned areas all employees
located on site shall be allowed to cease work and leave the site subject to all areas
being left in a safe condition and all tools and equipment properly stored.
(7)
When employees leave a site in accordance with the above the inclement weather
provisions of the respective Awards shall prevail with respect to entitlement to
payment.
(8)
The parties to this Agreement agree that the Agreement shall apply to Major
Contractors (SA) designated commercial building sites when such sites fall within a
radial of 30 kilometres from the Adelaide GPO. Sites outside this radial shall be the
subject of discussions with the relevant parties giving consideration to the locational
topographical features of the site ie; coastal areas may be cooler, flat plain areas may
be warmer than metropolitan areas.
1.
Injury and Sickness Insurance
The employer will enrol all employees covered by this agreement in an Injury and
sickness Insurance Fund (which is CAAW JLT Discretionary Trust as agreed by the
parties to this Agreement) and will pay a monthly premium equal to the amount to
cover the employees for their EBR rate of pay per week and cover for 104 weeks.
Employees whilst receiving income protection shall continue to receive their
contributions to superannuation, long service and redundancy schemes.
8.
Protective Clothing
All Employees will be issued with clothing as described below. All clothing will, where
possible be of Australian manufacture and meet Australian standards.
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8.1
Safety Footwear
Appropriate safety footwear shall be supplied to all Employees on commencement
with the Company, and will be replaced on a fair wear and tear basis provided it is
produced as evidence.
8.2
Clothing
Two sets of clothing per calendar year, shall be supplied to all Employee after
accumulated employment of 152 hours and will be replaced once per calendar year
thereafter.
The clothing may be selected from the following:
(a)
Combination Overalls; or
(b)
Bib & Braces overalls plus Shirts; or
(c)
Trousers and Shirts; or
(d)
Work denims at cost no greater than either Items (a) or (b) or (c) above.
Note: Short sleeve shirts and shorts will not be issued, unless requested by the
Employee.
8.3
Jackets
Each Employee, after accumulated employment on site of 152 hours, shall be eligible
to be issued with one warm woollen, if requested, jacket which will be replaced once
per calendar year thereafter.
8.4
Acknowledgement of Receipt
Each Employee shall acknowledge receipt of any issue of protective clothing and
footwear by signing an appropriate personal issue registered.
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K - Western Australia
The terms of the Appendix to apply in Western Australia will be agreed to by the Parties and
the Agreement varied to include those terms and conditions based on the Pattern Tier 1
Standard applying in Western Australia prior to the engagement of direct hired employees in
Western Australia.
In the interim period, those companies who have CFMEU agreements will be utilised to
supply labour to the site.
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