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HIRE ACCESS SCAFFOLD SCAFFOLDING YARD / CFMEUW
INDUSTRIAL AGREEMENT 2003-2005
AG 138 of 2004
TABLE OF CONTENTS
1. DEFINITIONS
2. PARTIES AND PERSONS BOUND
3. APPLICATION
4. RELATIONSHIP TO PARENT AWARD
5. PERIOD OF OPERATION
6. CLASSIFICATION STRUCTURE AND RATES OF PAY
7. INDUSTRY STANDARDS
8. CONVERSION OF SICK LEAVE
9. NEGOTIATION OF A SUBSEQUENT AGREEMENT
10. CASUAL EMPLOYMENT
11. FARES AND TRAVELLING ALLOWANCE
12. LIVING AWAY FROM HOME ALLOWANCE
13. HOURS OF WORK
14. REASONABLE HOURS
15. RIGHT OF ENTRY
16. SENIORITY
17. ALL IN PAYMENTS
18. DISPUTE SETTLEMENT PROCEDURE
19. SAFETY DISPUTE RESOLUTION
20. WORKPLACE SAFETY
21. TRAINING AND RELATED MATTERS
22. DRUG & ALCOHOL, SAFETY & REHABILITATION PROGRAM
23. CLOTHING AND SAFETY FOOTWEAR
24. LEAVE
25. INCOME PROTECTION AND ACCIDENT TOP-UP PAY
26. TIME AND WAGES RECORDS
27. ELECTRONIC FUNDS TRANSFER
28. BARGAINING AGENTS FEE
29. POSTING OF AGREEMENT
30. NO EXTRA CLAIMS
31. SEVERABILITY
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
1. DEFINITIONS
The following terms will have the following meanings when used in this Agreement:
"Accident Pay" means a weekly payment by the Employer to the employee of an amount being the difference
between the weekly amount of compensation paid to the employee pursuant to the Workers Compensation and
Rehabilitation Act 1981 (WA) as amended from time to time and the employee's Ordinary Wage;
"Act" means the Industrial Relations Act 1979 (WA) as amended from time to time;
"All-In Payments" means an hourly rate or piece work rate that is intended to cover wages and all allowances
and entitlements, including but not limited to, site allowances, productivity allowances, structural frame
allowances, tool allowances, multi-storey allowances, fares and travel allowances and any special rates, annual
leave, sick leave, redundancy and superannuation;
"All-Purpose" means, in relation to allowances, that the allowance is payable for all purposes of the Award and
is part of the gross weekly ordinary all purpose rates of pay and must be included as appropriate when
calculating all payments including, but not limited to, payments for overtime, annual leave, sick and personal
leave, annual leave loading, public holidays and payments on termination;
"Agreement" means this agreement between the Employer, the Union and the employees to be known as the
Hire Acces Scaffold Scaffolding Yard / CFMEUW Industrial Agreement
2003-2005;
"Award" means the Building Trades (Construction) Award 1987, Award No. R14 of 1978 as amended from
time to time;
"Casual Employee" means an employee who is employed for a period of less than 5 days (exclusive of
overtime);
"CBUS" means the Construction and Building Unions Superannuation scheme;
"Commission" means the Western Australian Industrial Relations Commission;
"CPI" means the change in the Consumer Price Index for Perth for the 12 month period ended 30 September of
the year in question, compared to the Consumer Price Index for Perth for the 12 month period ended 30
September in the previous year;
"Employer" means, subject to clause 2, Delport Investments Pty Ltd trading as Hire Access Scaffold, ABN 30
081 990 552;
"Industry Insurance" means insurance cover including, but not limited to, journey to and from work, funeral
expenses cover, ambulance cover and leisure travel insurance;
"Leave" means any authorised leave including, but not limited to, sick leave, annual leave, training leave,
family leave, long service leave, leave whilst on accident and sickness leave and leave whilst on workers
compensation;
"Ordinary Time Earnings" means the actual ordinary rate of pay the employee receives for ordinary hours of
work including, but not limited to, tool allowance, industry allowance, trade allowances, shift loading, special
rates, qualification allowances (eg. first aid, laser safety officer), multi-story allowance, site allowance, asbestos
eradication allowance, leading hand allowances, in charge of plant allowance, supervisory allowances and all
other allowances applicable. The term includes the base rate of pay as set out in Schedule 2 plus All Purpose
allowances and any regular over Award payments as well as casual rates and any additional rates and
allowances paid for work undertaken during ordinary hours of work, including fares and travel;
"Ordinary Wage" means:
(a) the employee's hourly Ordinary Time Earnings multiplied by the employees ordinary hours of work
(excluding overtime); plus
(b) a provision for overtime calculated by multiplying the employee's average rate of overtime earnings (ie.
those in excess of the employee's hourly Ordinary Time Earnings) by the employee's average overtime
hours taken over the 14 weeks actually worked immediately prior to the employee's temporary total or
temporary partial disablement, as the case may be;
"Parties" means the Employer, the employees and the Union;
"Project Contractual Value" means the value of all tendered work that falls under the scope of the principal
contractor's contract;
"Pyramid Sub-Contracting" means the practice of a sub-contractor, to whom a sub-contract is originally
awarded, sub-contracting that sub-contract or part of that sub-contract to another
sub-contractor or entity;
"Reasonable Board and Lodging" means lodging in a well kept establishment with 3 adequate meals each
day, adequate furnishings, good bedding, good floor coverings, good lighting and heating and with hot and cold
running water in a single room; and
"Union" means The Construction, Forestry, Mining and Energy Union of Workers.
2. PARTIES AND PERSONS BOUND
This Agreement will be binding on the Employer and any successor, assignee or transmittee (whether
immediate or not) to or of the business or any part of the business of the Employer, including an entity that as
acquired or taken over the business or part of the business of the Employer; the Union and all employees of the
Employer who are or are eligible to be members of the Union.
3. APPLICATION
3.1 This Agreement will apply to all employees of the Employer, including junior workers and
unregistered apprentices, engaged in work on, in connection with, or in any way engaged in the
maintenance, storage and supply of scaffolding, formwork and mechanical and light access equipment
and members, or persons eligible to be members of the Union.
3.2 This Agreement will apply in Western Australia and, unless otherwise provided by agreement between
the Parties, the Christmas & Cocos (Keeling) Islands Groups only. There are approximately 3
employees covered by this Agreement.
3.3 The terms and conditions of this Agreement are a condition of employment and must be explained to
all new employees by the Employer prior to the commencement of their employment.
4. RELATIONSHIP TO PARENT AWARD
4.1 This Agreement is supplementary to and must be read and interpreted wholly in conjunction with the
Award.
4.2 Unless otherwise provided, if there is any inconsistency between the Award and an express provision
of this Agreement, the terms of whichever provision is more beneficial to the employees will prevail to
the extent of any inconsistency.
5. PERIOD OF OPERATION
This Agreement will come into force from the first pay period commencing on or after the date this Agreement
is signed and will remain in force until 31 December 2005.
6. CLASSIFICATION STRUCTURE AND RATES OF PAY
6.1 All employees must be paid according to the wage rates set out in Schedule 2 to this Agreement and
must be paid the allowances set out in Schedule 2 to this Agreement.
6.2 All expense related allowances not specifically mentioned in this Agreement must be paid in
accordance with the Award as varied from time to time.
6.3 If the Employer employs a person whose skills and qualifications do not come within the
classifications specified in Schedule 2, the Employer must notify the Union. The Employer and the
Union must assess the skills and qualifications of the person and reach agreement in respect to the
appropriate classification. In the absence of agreement between the Employer and the Union the matter
will be dealt with in accordance with the dispute settlement procedure set out in clause 18.
6.4 Notwithstanding clause 6.3, the Employer must not pay any employee covered by this Agreement,
except indentured apprentices, at a rate less than the rate for Labour Special Class.
7. INDUSTRY STANDARDS
7.1 Redundancy
The Employer must make redundancy contributions to the Western Australia Construction Industry
Redundancy Fund (however named or any successor entity) as follows:
(i) From 1 May 2004 to 31 October 2004:
$55 per week per employee on behalf of each employee plus an additional $10.00 which
will be set aside for the exclusive use of providing Industry Insurance for employees
covered by this Agreement.
(ii) From 1 November 2004:
$60 per week per employee on behalf of each employee plus an additional $10.00 which
will be set aside for the exclusive use of providing Industry Insurance for employees
covered by this Agreement.
7.2 Superannuation
(a) The Employer must make superannuation contributions on behalf of each employee as follows:
A. $60 per week per employee; or
B. the superannuation guarantee rate, (whether prescribed under the Superannuation
Guarantee (Administration) Act 1992 (Cth) as amended from time to time, or
otherwise) applied to Ordinary Time Earnings,
whichever is the greater.
(b) The Employer must advise all employees of their right to have payments made to a complying
superannuation fund of their choice. The Employer will be bound by the employee's election and
the payment referred to in sub-clause 7.2(a) must be made to that fund.
(c) If any employee chooses a fund other than CBUS the Employer must, within 7 days of the
employee advising the Employer of the fund of their choice, advise the Union in writing of the
employee's decision.
(d) Until each employee has nominated a fund of their choice, the Employer must make the
payment referred to in sub-clause 7.2(a) to CBUS.
(e) If the employee and the Employer reach an agreement to change the complying superannuation
fund or scheme the Employer must, within 7 days of the employee and the Employer reaching
such an agreement, advise the Union in writing of the agreement. The Employer must not refuse
to agree to a change of complying superannuation fund or scheme requested by the employee.
(f) Salary sacrifice for the purpose of superannuation contributions in addition to those
contributions referred to in subclause 7.2(a) must be offered by the Employer to all employees.
Employees who choose to salary sacrifice may request the Employer make the deduction from
the employee's gross income.
(g) Where an employee elects to salary sacrifice for the purpose of superannuation contributions,
the salary sacrificed must be paid by the Employer to the CBUS or such other complying
superannuation fund chosen by the employee within 14 days of the election and every 28 days
thereafter. Details of any salary sacrifice arrangements must be reflected on the employee's pay
slip and time and wage records (as required pursuant to the Award and/or the Act).
(h) Any salary sacrifice arrangements entered into between the Employer and an employee must:
(i) only commence on the written authority of the employee; and
(ii) immediately cease at the written request of the employee.
(i) For the avoidance of doubt, Ordinary Time Earnings and Ordinary Wage include any salary
sacrificed in accordance with this clause.
(j) The Employer must document, as part of the Employer's time and wages records, any salary
sacrifice arrangements entered into between the Employer and an employee.
(k) For the purposes of the Superannuation Guarantee (Administration) Act 1992 (Cth), Ordinary
Time Earnings will operate to provide a notional earnings base.
8. CONVERSION OF SICK LEAVE
8.1 For all sick leave accrued by an employee after the date of signing this Agreement, the following will
apply:
(a) The employee may convert 100% of any accrued sick leave entitlement to a cash payment upon
termination of their employment.
(b) If the employee:
(i) was or has been terminated by the Employer without exercising the option referred to
in sub-clause 8.1(a); and
(ii) is re-employed by the Employer within a period of 6 months,
the unpaid balance of sick leave will continue from the date of re-employment.
(c) Where the option referred to in sub-clause 8.1(a) was previously a term or condition of the
employee's employment, that accrued sick leave must be treated as if it were accrued under this
Agreement.
(d) For the purposes of this clause 8.1 only, sick leave will accrue at the rate of one day on the first
day of each month of the first ten months of each year of employment. For the avoidance of
doubt, this clause does not affect the provisions of the Award with respect to accrual of sick
leave.
(e) The employee may elect to convert all sick leave entitlements over 12 days to a cash payment.
If the employee elects to convert sick leave to a cash payment, payment must be made by the
Employer to the employee on the last pay period prior to any closedown for Christmas.
8.2 Sick leave accrued by an employee may be used, for any personal reasons (not including illness or
injury). In these circumstances however, the employee will notify the Employer of such intended
absence by the normal commencement of work or as soon as is practicable and, where practicable, will
notify the Employer the day before sick leave is taken in accordance with this clause 8.2.
9. NEGOTIATION OF A SUBSEQUENT AGREEMENT
The Parties agree to commence negotiations for a new agreement to replace this Agreement at least 3 months
before the nominal expiry date. The Parties intend to conclude these negotiations prior to the nominal expiry
date. These negotiations must be conducted on a collective basis between all of the Parties.
10. CASUAL EMPLOYMENT
10.1 A Casual Employee must be paid a 25% casual loading on:
(a) ordinary time rates (set out in Schedule 2); and
(b) each appropriate overtime penalty rate when overtime is worked.
10.2 Clause 4.2 does not apply to the definition of "Casual Employee" in clause 1 of this Agreement or to
this clause with respect to casual loading.
11. FARES AND TRAVELLING ALLOWANCE
11.1 In addition to the relevant fares and travelling allowance payable in accordance with the Award, the
Employer must pay to each employee an additional fares and travelling allowance of $8.00 per day
(together, "Fares and Travelling Allowance"). As at 1 May 2004, the Fares and Travelling Allowance
payable in accordance with this clause 11.1 is $21.30.
11.2 For the avoidance of doubt, the Fares and Travelling Allowance must be included when calculating
annual leave loading entitlements.
12. LIVING AWAY FROM HOME ALLOWANCE
12.1 When an employee is employed at a workplace at such a distance from the employee's usual place of
residence that the employee cannot reasonably return to that place each night ("distant workplace"), the
Employer must either:
(a) provide the employee with Reasonable Board and Lodging; or
(b) pay an allowance of $71.45 net per day. However, the allowance must be increased if the
employee satisfies the Employer that the employee reasonably incurred a greater outlay than that
prescribed.
12.2 An employee who works at a distant workplace and is paid the living away from home allowance in
accordance with clause 12.1 and is required to reside elsewhere than on the site (or adjacent to the site
and supplied with transport) must be paid the Fares and Travelling Allowance.
13. HOURS OF WORK
13.1 The ordinary hours of work are 38 hours per week, worked in accordance with the provisions of this
clause 13.
13.2 The ordinary hours of work will be worked in a 20 days, 4 week cycle, Monday to Friday inclusive,
with 19 days of 8 hours each worked and each employee will accumulate 0.4 of an hour for each 8 hour
day worked and each day of Leave taken, as an entitlement to take 13 rostered days off ("RDOs") to be
paid for as though worked, being the 13 RDOs referred to in clause 13.3.
13.3 Each year there will be 13 RDOs to be agreed to by the Master Builders Association and the Union for
the building and construction industry and in the absence of such agreement, the Union will set the
RDOs. It is preferable that the 13 RDO's be taken in accordance with the agreed calendar. Agreement
may be reached between the employer and the Union for RDO’s to be taken on alternative dates. All
effort should be made to ensure that alternative RDO’s are taken on a day immediately preceding or
following a weekend. No employee shall be allowed to accrue more than 3 RDO’s..
13.4 Each day of Leave taken and any public holiday occurring during any cycle of four weeks will be
regarded as a day worked for RDO accrual purposes.
13.5 In addition to the RDOs referred to in clause 31.1, employees will from 11.59pm on the 1 January 2006
be entitled to 6 paid days off.
14. REASONABLE HOURS
14.1 Subject to clause 14.2, an employee must not be expected nor required to work more than 56 hours per
week (Monday to Saturday inclusive).
14.2 Subject to clause 14.3, the Employer may require an employee to work reasonable overtime at overtime
rates.
14.3 An employee may refuse to work overtime on a particular day for reasons which may include, but not
be limited to, the employee's personal circumstances including any family responsibilities and the notice
(if any) given by the Employer of the request to work overtime.
15. RIGHT OF ENTRY
15.1 Visiting Union Officials
(a) Union officials shall produce their right of entry permits, if required, and observe the relevant
Award and OH&S obligations for entry to site.
(b) Union officials with the appropriate credentials shall be entitled to inspect all wage records,
other payment records and related documentation necessary to ensure that the Company is
observing the terms and conditions of this Agreement.
(c) All wage books and other payment records shall be made available within 48 hours on site or at
another convenient appropriate place by the Company.
(d) Such inspections shall not take place unless there is a suspected breach of this Agreement, the
Award and/or other statutory obligations.
(e) If requested in writing the employer must provide, within 24 hours, copies of time and wages
records and all relevant details at the employers sole expense.
15.2 Delegates and Their Rights
In this clause the expression “delegate” means an Employee who is the accredited representative of
the Union at the workplace or within the Company.
(a) The Company will allow all elected delegates to have paid quarterly meetings;
(b) The parties acknowledge it is the sole right of the Union and its members to elect Union
delegate(s) who shall be recognised as the authorised representative of the Union
(c) The delegate shall have the right to approach or be approached by any Employee of the
Company to discuss industrial matters during normal work hours
(d) The delegate shall have the right to communicate with members or potential members of the
Union in relation to industrial matters without impediment from the Company. Without limiting
the usual meaning of the expression “impediment”, this provision applies to the following
conduct by the Company:
Moving a delegate to a workplace or work situation which prevents or
significantly impedes communication with members
Changing a delegates shifts, rosters or site so that communication with workers
is prevented or significantly impeded
Disrupting duly organised meetings
(e) The delegate shall be entitled to represent members or potential members in relation to
industrial matters at the workplace, and without limiting the generality of that entitlement is
entitled to be involved in representing members or potential members:
At all stages in the negotiation, renegotiation and / or implementation of
enterprise agreements or other industrial instruments
The introduction of new technology and other forms of workplace change
Career path, reclassification, training issues and to initiate discussions and
negotiations on any other matters affecting the employment of members
Ensuring that workers on site are paid their correct wages, allowances and other
lawful entitlements
Ensuring relevant health and safety standards and procedures are being met
To check with relevant industry schemes so as to ensure that superannuation,
redundancy etc has been paid on time for all Employees and long service credited to
a workers long service registration
(f) In order to assist the delegate to effectively discharge his / her duties and responsibilities, the
delegate shall be afforded the following rights:
The right to reasonable communication with other delegates, Union officials and
management in relation to industrial and related matters
A maximum of 10 days paid time off work to attend relevant Union training
courses / forums, subject to appropriate notice
Paid time off to attend meetings of Union delegates in the industry, as authorised
by the relevant Union Secretary or nominee
Time to check WorkCover and OH&S requirements are being complied with
(g) There shall be no deduction to wages where the Union requires a delegate to attend any Court
or Industrial Tribunal proceedings relating to industrial matters at the workplace impacting on
Employees
(h) Nothing in this clause requires the election of a delegate on every workplace of the Company.
The expectation of the parties would be that Employees would elect a delegate on large sites
15.3 Union Membership
Properly accredited officials and workplace representatives of the Union shall have the right to be
provided with appropriate access to Employees to promote the benefits of Union membership.
To assist in this process the Company shall:
(a) Encourage all current and future employees to join and remain members of the Union party to
this Agreement
(b) If requested by the Union and authorised by the Employee, provide payroll deduction services
for Union fees or Bargaining Agents Fees. Such fees shall be remitted to the Union on a regular
agreed basis with enough information supplied to enable the Union to carry out a reconciliation
(c) supply all Employees with a Union application form at the same time as new Employees are
provided with their taxation declaration form.
(d) as soon as practicable after the commencement of a new employee or the transfer in of an
employee facilitate a meeting between the employee and the union delegate so that the delegate
may explain the terms of this EBA.
16. SENIORITY
16.1 Continuity of employment is desirable wherever possible and where it is not possible, employees will
be retrenched or made redundant by the Employer in order of seniority (the "first on last off" principle).
16.2 When applying the "first on last off" principle, the principle must apply to the Employer's operations to
the metropolitan area of Perth. Outside the metropolitan area shall a site by site basis.
16.3 If the Employer employs any further employees after previously retrenching or making redundant any
employees, those employees previously retrenched or made redundant must be re-employed by the
Employer in priority to all other people in order of those employees' previous lengths of service with the
Employer (the "seniority" principle).
16.4 It is recognised that from time to time instances may arise where the employee's callings may affect the
"first on last off" principle and the "seniority" principle however, where there is any disagreement as to
the application of the "first on last off" principle and the "seniority" principle, the matter will be resolved
in accordance with clause 18.
16.5 Prior to commencing on any site, the Employer must provide the Union with a list of all its employees
employed in the Employer's operations in Western Australia, detailing each employee's date of
commencement of employment with the Employer and the employee's relevant callings ("Seniority
List"). The Seniority List must be provided to the Union within 4 weeks of signing this Agreement and
thereafter, within 48 hours of any request by an authorised representative of the Union.
17. ALL IN PAYMENTS
17.1 All-In Payments to employees must not be made.
17.2 The Employer must not set-off any All-In Payment against any other entitlement in this Agreement.
18. DISPUTE SETTLEMENT PROCEDURE
18.1 Disputes over the meaning and effect of this Agreement or any work related or industrial matter on a
particular site only, will be dealt with as close to its source as possible.
18.2 An employee or any Union delegate may initially submit any work related and/or industrial question
referred to in clause 18.1 to the site foreperson, supervisor or other appropriate site representative of the
Employer and inform the Union.
18.3 If the matter remains unresolved, an employee or any Union delegate may then submit the matter to the
appropriate senior management person of the Employer.
18.4 If the matter still remains unresolved, an employee or any Union delegate may refer the matter to an
official of the Union who may then discuss the matter with the nominated representative of the
Employer.
18.5 Whilst the procedures referred to in clauses 18.2, 18.3 and 18.4 are being followed, work will continue
as normal.
18.6 The procedures referred to in clauses 18.2, 18.3 and 18.4 will be followed in good faith and without
unreasonable delay by any party.
18.7 If after the procedures referred to in clauses 18.2, 18.3 and 18.4 have been followed the matter remains
unresolved, it may be dealt with in one of the following manners as agreed by the Employer and the
Union:
(a) referred to the Commission for conciliation and, if required, arbitration, provided that the
parties involved in the matter will confer among themselves and make reasonable attempts to
resolve the matter before taking those matters to the Commission. The Commission's decision
will be accepted by all parties subject to legal rights of appeal; or
(b) referred to an arbitrator agreed to between the parties, for recommendations or determination.
18.8 The procedures set out in this clause 18 do not apply to disputes relating to health and safety issues
which are dealt with in clause 18.
18.9 Nothing in this Agreement prevents either the Employer or the Union making an application to the
Commission to settle or determine by arbitration any question or dispute arising over the application of
this Agreement.
18.10 Nothing in this clause 18 prevents the Parties from taking action reciprocating breaches of this
Agreement; over matters not provided for in this Agreement; or over matters of state or national
significance upon the giving of notice to the other Parties.
19. SAFETY DISPUTE RESOLUTION
19.1 If there is any disagreement with respect to the necessity to carry out any safety measure or modify,
reinforce or reinstate any safety device whatsoever, the procedures set out in this clause 18 will be
adopted.
19.2 No person will dismiss a safety complaint. Any complaint should be referred to the Employer safety
officer or employees' safety representative to be dealt with in accordance with the following procedures:
(a) Where any employee becomes aware of an unsafe situation, that employee must immediately
notify the Employer safety officer or the employees' safety representative and the Union.
(b) The Employer safety officer and the employees' safety representative must take immediate
action to have the unsafe situation rectified.
(c) If the Employer safety officer considers that no safety precautions are necessary, he/she must
notify the employees' safety representative or the Union accordingly as soon as possible.
(d) If there is disagreement on the ruling of the Employer safety officer, the Employer safety
officer must arrange for the immediate transfer of all employees from the disputed area.
(e) If the Employer safety officer is of the opinion that no action is necessary and the worker's
safety representative disagrees, an appropriate inspector from WorkSafe must be requested by the
Employer to undertake an inspection of the disputed area for the purpose of resolving any such
matter.
(f) If no agreement can be reached between the parties, the matter will be dealt with in
accordance with the procedure set out in clause 18.7 of this Agreement.
19.3 Whilst the procedure set out in this clause 18 is being followed work will continue as normal except in
respect to the area alleged to be unsafe.
19.4 It is accepted that safety considerations override normal work practices, and depending on the degree of
potential risk to persons on the job, or the general public, can override normal demarcation practices.
19.5 Nothing in this clause 18 prevents an employee from taking action where there is a genuine fear of harm
or injury to the employee or any other person.
20. WORKPLACE SAFETY
20.1 On all sites, a site safety plan must be developed and job specific "job safety analysis" must be
undertaken to identify and manage the risks associated with work on each particular site. Such safety
plan must include suitable procedures for personnel/material access and site evacuation procedures.
20.2 The WorkSafe Australia Guidance Notes and Material Safety Data Sheets must be observed at all times
by the Parties.
20.3 Audiometric tests must be conducted within 2 months of a person commencing employment with the
Employer and thereafter at intervals of 2 years.
20.4 Employers must provide the following protective equipment (SAA approved) for use, when necessary,
by employees during the performance of their required duties:
(a) safety helmets;
(b) ear/hearing protection;
(c) gloves; and
(d) one pair of UV-rated safety glasses or UV rated clip-ons' suitable to overlay prescription
spectacles (as approved by the Union). These must be provided to employees who are required
to work on reflective surfaces including, but not limited to, metal decking, large concrete slabs
exposed to sunlight, roofing and curtain walling.
All items supplied to employees in accordance with clause 20.4 must be of Australian manufacture. If
appropriate Australian made items are not available, the Employer must consult with the Union on the
choice of an appropriate supplier.
21. TRAINING AND RELATED MATTERS
21.1 A training allowance must be paid by the Employer to the Union Education and Training Fund as
follows:
From 1 December 2003 to 30 November 2004 $17.00 per week per employee
From 1 December 2004 $18.00 per week per employee
21.2 Subject to clauses 21.3, 21.4, 21.5 and 21.6, an employee will, upon application in writing to and with
the approval of the Employer, be granted leave with pay each year to attend courses conducted or
approved by the WA Construction Skills Training Centre. The Employer's approval must not be
unreasonably withheld.
21.3 The employee must give the application for leave to the Employer at least 2 weeks in advance of the
date of commencement of the course.
21.4 The time of taking leave will be arranged so as to minimise any adverse effect on the Employer's
operations. The onus will rest with the Employer to demonstrate to the Union an inability to grant leave
where an employee is otherwise entitled.
21.5 The Employer will not be liable for any additional expenses associated with an employee's attendance at
a course other than payment of Ordinary Time Earnings for such absence.
21.6 Leave granted pursuant to this clause will count as service for all purposes of this Agreement.
22. DRUG & ALCOHOL, SAFETY & REHABILITATION PROGRAM
The Parties are committed to the Drug and Alcohol, Safety and Rehabilitation program as outlined in Schedule
1 - Drug and Alcohol, Safety and Rehabilitation Program.
23. CLOTHING AND SAFETY FOOTWEAR
23.1 The following items must be supplied to each full-time employee by the Employer, upon the completion
of five working days:
(a) 1 pair safety boots, that must be replaced on a fair wear and tear basis;
(b) 2 polo shirts and 2 pairs of shorts, that must be replaced on a fair wear and tear basis;
(c) 1 long sleeve shirt with a collar or an additional polo shirt, such choice to be made at the
employees sole discretion, that must be replaced on a fair wear and tear basis; and
(d) 1 bluey jacket per year.
23.2 The Employer must also make available to each employee, when requested by them, sunscreen lotion
and sun brims to fit over safety helmets.
23.3 Employees when working on site must wear all footwear and clothing supplied in accordance with
clause 23.1.
23.4 All footwear and clothing supplied to employees in accordance with clause 23.1 must be of Australian
manufacture. If appropriate Australian made clothing or footwear is not available, the Employer must
consult with the Union on the choice of an appropriate supplier.
23.5 The Employer must not agree with employees to pay cash in lieu of supplying clothing and footwear in
accordance with clause 23.1.
24. LEAVE
24.1 Subject to clause 24.3, for the avoidance of doubt, when an employee is on Leave the employee will
continue to accrue Leave.
24.2 When an employee is on Leave, the Employer must pay the employee:
(a) the employee's Ordinary Time Earnings and any applicable loading;
(b) redundancy contributions pursuant to clause 7.1 of this Agreement;
(c) superannuation contributions pursuant to clause 7.2 of this Agreement;
(d) long service leave contributions, portable or otherwise; and
(e) any other loading, payment or levy required to be paid under this Agreement and/or the
Award.
24.3 When an employee is on 24 hour accident and sickness leave or workers compensation the employee
will not continue to accrue RDOs.
25. INCOME PROTECTION AND ACCIDENT TOP-UP PAY
25.1 24 hour Accident Income Protection
(a) The Employer must insure employees for personal accident and sickness income protection
from the date of signing this Agreement.
(b) The personal accident and sickness income protection insurance referred to in clause 25.1(a)
must be a policy with entitlements no less than the entitlements contained in the Jardine Lloyd
Thompson Group Personal Accident & Sickness Insurance policy and including, but not limited
to, 24 hour cover, weekly benefits of 100% of the employees' Ordinary Wage to a maximum of
not less than $1,800 per week, a 7 day waiting period, a benefit period of 104 weeks maintained
for persons up to the age of 65 years and funeral benefits of not less than $10,000.
(c) For the avoidance of doubt, clause 25.1(a) and 25.1(b) will not come into effect until 30
September 2005.
25.2 Accident Top-Up Pay
(a) The Employer must insure employees for accident top-up pay from the date of signing this
Agreement.
(b) The Employer must pay an employee Accident Pay where the employee receives an injury for
which the employee is entitled to be paid weekly payments or compensation by, or on behalf of,
the Employer pursuant to the provisions of the Workers' Compensation and Rehabilitation Act
1981 (WA), as amended from time to time. For the avoidance of doubt, the Employer must pay
Accident Pay to an employee when the employee is on rehabilitation or has returned to work on
light duties or is otherwise not working to the employee's pre-accident capacity.
(c) The Employer must pay Accident Pay during the incapacity of the employee arising from any
one injury for a total of 104 weeks from the date of the injury whether the incapacity is in one
continuous period or not and irrespective of any interim total or partial return to work.
25.3 If the Employer fails to take out income protection or accident top-up pay insurance pursuant to
clauses 25.1 and 25.1(a), the Employer will be liable for all claims arising, under the same terms and
conditions as those outlined in clauses 25.1 and 25.1(a).
25.4 For the avoidance of doubt, the Union's recommended Jardine Lloyd Thompson policies as they existed
as at 1 November 2002 satisfy the requirements of clauses 25.1 and 25.1(a).
25.5 While an employee is on workers compensation or accident and sickness leave clause 24 of this
Agreement applies for the duration of the employee's incapacity for a maximum period of 104 weeks
regardless of whether the employee continues to be employed by the Employer or not.
25.6 The Employer hereby authorises the Union to obtain information from the Employer's insurer in respect
to the policies of insurance taken about the Employer in accordance with this clause 24.3.
26. TIME AND WAGES RECORDS
26.1 Within 24 hours of receipt of a written request to do so, the Employer must provide time and wages
records to an officer or employee of the Union.
26.2 For the purposes of clause 26.1, "provide" includes the provision of copies of the time and wages
records, at the Employer's sole expense.
27. ELECTRONIC FUNDS TRANSFER
27.1 The Employer may pay employees by way of cash or by way of electronic funds transfer, such choice to
be at the sole discretion of the Employer.
27.2 If the Employer chooses to pay employees by way of electronic funds transfer, employees must be
permitted to choose the Bank/Building Society/Credit Union into which their pay is to be deposited.
28. BARGAINING AGENTS FEE
28.1 The Employer must advise all employees prior to commencing work for the Employer that a
'Bargaining Agents Fee' of $500 per annum is payable to the Union on or prior to 1 March each year.
28.2 Each employee must pay the `Bargaining Agents Fee' to the Union in advance on a pro rata basis for
any time which the employee is employed by the Employer. By arrangement with the Union, the
'Bargaining Agents Fee" may be paid in 2 instalments throughout the year.
28.3 The Employer must, at the request of an employee, provide a direct debit facility to pay the 'Bargaining
Agents Fee' to the Union in accordance with this clause.
29. POSTING OF AGREEMENT
29.1 A copy of this Agreement must be posted and kept posted by the Employer in a prominent place,
accessible to employees, on all premises where the employees work.
29.2 A copy of this Agreement must be provided to any employee, upon request, and must be provided to all
new employees prior to their commencement of employment.
30. NO EXTRA CLAIMS
The Union will make no further claims on the Employer over conditions set out in this Agreement for the life
of the Agreement unless the claim relates to long service leave.
31. SEVERABILITY
If any clause or sub-clause of this Agreement is deemed to be void or unenforceable, it may be severed and the
remainder of this Agreement remains in force.
SCHEDULE 1
DRUG AND ALCOHOL, SAFETY AND REHABILITATION PROGRAM
1. PRINCIPLE
People dangerously affected by alcohol, and/or drugs are a safety hazard to themselves and all other persons in
the workplace.
2. FOCUS
Site safety and the involvement of the site safety committee
Peer intervention and support
Rehabilitation
3. WORKPLACE POLICY
(a) A person who is dangerously affected by drugs or alcohol will not be allowed to work until that person
can work in a safe manner.
(b) The decision on a persons ability to work in a safe manner will be made by the safety committee, or on
projects with no safety committee, by a body of at least equal numbers of employee/employer
representatives.
(c) There will be no payment of lost time to a person unable to work in a safe manner.
(d) If this happens 3 times the worker shall be given a written warning and made aware of the availability
of treatment/counselling. If the worker refuses help he/she may be transferred/dismissed the next time
he/she is dangerously affected.
(e) For the purposes of disciplinary action a warning shall be effective for a period of 12 months from the
date of issue.
(f) A worker having problems with alcohol and or other drugs:
(i) will not be sacked if he/she is willing to get help
(ii) must undertake and continue with the recommended treatment to maintain the
protection of this program; and
(iii) will be entitled to sick leave or leave without pay while attending treatment.
4. IMPLEMENTATION
To assist with the adoption and implementation with this policy the Employer must:
(a) clearly state its endorsement of the BTG Drug and Alcohol program and comply with
it;
(b) provide access at an agreed time and venue for a representative of the BTG Drug and Alcohol Program to
address a meeting of employees to discuss and endorse the program; and
(c) authorise the attendance of appropriate Employer personnel eg. safety
delegate/officer, safety committee members, union delegate, consultative committee
members(s) at the two hour BTG Drug and Safety in the Workplace training course.
SCHEDULE 2
CLASSIFICATION STRUCTURES AND RATES OF PAY
1. Wage Rates (per hour at ordinary time)
CLASSIFICATION 1 May 2004 1 December 1 May 2005 1 December
2004 2005
Old Wage New Wage Hourly Hourly Hourly Rate* Hourly Rate
Group Group Rate Rate $ $
$ $
Labourer CW3 20.42 21.24 22.09 22.75
Group 1
Labourer CW2 20.31 21.12 21.96 22.62
Group 2
Labourer CW1(d) 19.23 20.00 20.80 21.42
Group 3
Leading CW1(d) 20.07 20.87 21.70 22.35
Hand Leading
Labourer Hand
Group 3
Labourer CWSC 17.70 19.23 20.15 21.10
Special
Class
All rates above include the clothing and yard allowances.
* or CPI (rounded to the nearest whole percentage point) whichever is the greater. That is,
where CPI exceeds the percentage wage increase for a particular year (ie. where CPI
exceeds 4% for 2002-2003 and 3% for 2003-2004), the CPI figure must be applied to the
previous years wage rate to determine the applicable wage rates.
SCHEDULE 3
PROPOSED RDO CALENDARS
2003, 2004 & 2005
2003
ROSTERED DAY OFF (RDO)
Tuesday, 28 January
Monday, 10 February
Tuesday, 4 March
Thursday, 17 April
Monday, 12 May
Tuesday, 3 June
Monday, 7 July
Monday, 11 August
Monday, 1 September
Tuesday, 30 September
Monday, 27 October
Monday, 24 November
Wednesday, 24 December
2004
ROSTERED DAY OFF (RDO)
Tuesday, 27 January
Monday, 9 February
Tuesday, 2 March
Tuesday, 13 April
Monday, 10 May
Tuesday, 8 June
Monday, 12 July
Monday, 9 August
Monday, 6 September
Tuesday, 28 September
Monday, 25 October
Monday, 29 November
Friday, 24 December
2005
ROSTERED DAY OFF (RDO)
Thursday, 27 January
Monday, 14 February
Tuesday, 8 March
Tuesday, 29 March
Tuesday, 26 April
Monday, 9 May
Tuesday, 7 June
Monday, 4 July
Monday, 8 August
Monday, 5 September
Tuesday, 4 October
Monday, 28 November
Friday, 23 December
EXECUTED BY:
Signed for and on behalf of )
Hire Access Scaffold )
by its authorised signatory )
[signed] SCOTT WILLIAMS______________________________
Print Name
Date: 16/7/04
Signed for and on behalf of )
THE CONSTRUCTION, FORESTRY MINING )
AND ENERGY UNION OF WORKERS )
by its authorised signatory )
[signed] KEVIN REYNOLDS______________________________
Print Name
Date: 27/7/04
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