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IMPROVED CONCRETE PUMPING SERVICES (WA) PTY LTD NEW
METRO RAIL SOUTHERN SUBURBS RAIL PROJECT, STRUCTURAL
PROJECT AGREEMENT 2005
AG 97 of 2005
2005 WAIRC 02692
SECTION 1 ADMINISTRATION OF AGREEMENT
1.1 TITLE
This Agreement shall be known as the Improved Concrete Pumping Services (WA) Pty Ltd New
Metro Rail Southern Suburbs Rail Project, Structural Project Agreement 2005.
1.2 ARRANGEMENT
This Agreement is arranged as follows:
Section One - Administration of Agreement
1.1 Title ............................................................................................................................ 2
1.2 Arrangement ............................................................................................................ 2
1.3 Parties Bound ............................................................................................................ 4
1.4 Area And Scope ........................................................................................................ 4
1.5 Period of Operation ................................................................................................... 4
1.6 No Extra Claims ........................................................................................................ 4
Section Two - General Conditions of Employment
2.1 Contract of Employment ............................................................................................ 4
2.2 Termination of Employment ...................................................................................... 5
2.3 Annual Leave ............................................................................................................. 5
2.4 Public Holidays and Holiday Work ........................................................................... 6
2.5 Sick Leave.................................................................................................................. 7
2.6 Family Leave ............................................................................................................. 8
2.7 Bereavement Leave .................................................................................................... 9
2.8 Jury Service................................................................................................................ 9
2.9 Long Service Leave ................................................................................................... 9
2.10 Redundancy .............................................................................................................. 9
2.11 Superannuation .......................................................................................................... 10
Section Three - Wage Rates, and Allowances
3.1 Employment Classifications ...................................................................................... 11
3.2 Apprentices ................................................................................................................ 13
3.3 Rates of Pay ............................................................................................................... 13
3.4 Leading Hand Allowance .......................................................................................... 14
3.5 Tool Allowance.......................................................................................................... 14
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3.6 Site Allowance ........................................................................................................... 14
3.7 Special Project Allowance ......................................................................................... 14
3.8 First Aid Allowance ................................................................................................... 15
3.9 Meal Allowance ......................................................................................................... 15
3.10 Daily Fares and Travelling Allowance ...................................................................... 15
3.11 Payment of Wages ..................................................................................................... 16
Section Four - Efficiency Measures
4.1 Objectives .................................................................................................................. 16
4.2 Utilisation of Work Skills .......................................................................................... 17
4.3 Promotion of Best for Business ................................................................................. 17
4.4 Project Consultation and Communication ................................................................. 18
4.5 Dispute Resolution Procedures .................................................................................. 18
Section Five - Work Pattern
5.1 Hours of Work - Day Workers .................................................................................. 19
5.2 Rest and Meal Breaks ................................................................................................ 20
5.3 Overtime - Day Workers ........................................................................................... 21
5.4 Shiftwork ................................................................................................................... 22
5.5 Rest Period after Overtime Duty ............................................................................... 24
Section Six - Occupational Health and Safety
6.1 Procedure for Dealing with and Resolving Safety Issues .......................................... 24
6.2 First Aid ..................................................................................................................... 25
6.3 Mandatory Safety Equipment .................................................................................... 25
6.4 Project Clothing ......................................................................................................... 26
6.5 Inclement Weather ..................................................................................................... 26
Section Seven - Other Provisions
7.1 Job Representatives.................................................................................................... 28
7.2 Equal Employment Opportunity 28
7.3. Amenities 28
7.4 Income Protection Insurance ..................................................................................... 28
7.5 Training ...................................................................................................................... 29
Schedule A – Signatories ......................................................................................................................................30
Schedule B – Drug and Alcohol, Safety and Rehabilitation Program ..................................................................31
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1.3 PARTIES BOUND
This Agreement shall be binding upon:
Improved Concrete Pumping Services (WA) Pty Ltd who shall be henceforth referred to as
the Company,
Employees of the Company who are engaged on the New Metro Rail Southern Suburbs
Rail Project in the classifications detailed in Section 3 of this Agreement (the Employees);
and
The Construction, Forestry, Mining and Energy Union of Workers who shall be henceforth
referred to as the Union.
There is approximately 2 employees covered by this Agreement.
1.4 AREA AND SCOPE
This Agreement shall cover all concrete, structural, demolition and bridgework work on the New
Metro Rail Project Southern Suburbs Rail Project that is undertaken by the Employees engaged by
the Company in the classifications detailed in Section 3 of this Agreement.
1.5 PERIOD OF OPERATION
This Agreement shall operate from the date of signing and shall continue in force until July 1,
2006.
This agreement shall be read and interpreted in conjunction with the Building Trades
(Construction) Award 1987 (the award). In the event of any inconsistency between the Award and
an express provision of this Project Agreement, the terms of this Agreement will prevail to the
extent of any inconsistency.
1.6 NO EXTRA CLAIMS
This Agreement is made in full and final settlement of all claims in relation to this project and the
parties shall not make any further claims for the period of operation of the Agreement. The parties
agree that the wages, allowances and employment conditions set out in this Agreement cover all
circumstances, conditions and disabilities associated with constructing and commissioning the
Southern Suburbs Rail Project.
SECTION 2 GENERAL CONDITIONS OF EMPLOYMENT
2.1 CONTRACT OF EMPLOYMENT
2.1.1 Weekly Employment
Except as provided in subsection 2.1.2 employment shall be by the week. An employee not
specifically engaged as a casual shall be deemed to be employed by the week.
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2.1.2 Casual Employment
A casual employee is one engaged and paid as such provided the period of casual service does not
exceed four weeks.
A casual employee for working ordinary time shall be paid the hourly rate prescribed by Section 3
of this Agreement for the work performed, plus any applicable all-purpose allowance, plus a
loading of 25%.
A casual employee shall not be entitled to the annual leave, sick leave, public holidays,
redundancy or other paid absences.
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2.1.3 Stand Downs
The Company is entitled to deduct payment for any day, or part day, the employee cannot be
usefully employed because of any strike or other industrial action or any breakdown in machinery,
or any stoppage of work by any cause for which the Company cannot be reasonably held
responsible.
2.2 TERMINATION OF EMPLOYMENT
2.2.1 Employees Engaged by the Week
Termination of employment for weekly hire employees shall require a week's notice on either side
given at any time during the week or by the payment or forfeiture of a week's ordinary wages as
the case may be.
For employees with more than 12 months continuous service on the project, the Company will be
guided by the relevant provisions of the Workplace Relations Act 1996 when terminating the
employment of an employee, provided that employment may be terminated by part of the period of
notice specified and part payment in lieu of notice.
2.2.2 Employees Engaged as Casuals
Termination of employment for employees engaged as casual shall require one day's notice on
either side given at any time during the week or the payment or forfeiture of one day's ordinary
wages as the case may be.
2.2.3 General
This Section shall not affect the Company's right to dismiss at any time an employee because of
the employees misconduct in which case the employee shall be paid all wages due up to the time
of dismissal only.
Termination of employment by the Company shall not be harsh, unjust or unreasonable.
With the exception of authorised absences the Company is under no obligation to pay for any day
of part of a day not worked by an employee.
2.3 ANNUAL LEAVE
Subject to the provisions of this section, an employee (other than a casual employee) with twelve
months continuous service with the Company will be entitled to a period of 20 paid days leave
exclusive of any public holidays occurring during the period. This leave shall be given and taken
annually.
An employee on weekly hire shall accrue annual leave at the rate of 2.769 hours for each week of
continuous service.
For the purposes of this Section service shall be deemed to be continuous notwithstanding an
employee's absence from work for any of the following reasons:
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* illness or accident up to a maximum of four weeks after the expiration of paid sick leave;
* bereavement leave;
* jury service;
* injury received during the course of employment and up to a maximum of 26 weeks for which
workers' compensation has been received by the employee;
* long service leave;
* any reason satisfactory to the Company or in the event of dispute satisfactory to the Western
Australian Industrial Relations Commission. Provided that the reason shall not be deemed
satisfactory unless the employee has informed the Company within 24 hours of the normal
commencing time or as soon as practicable thereafter of the reason for the absence and probable
duration thereof
Before going on Annual Leave an employee will be paid the wage as described in Section 3 of this
Agreement that the employee would have received in respect of the ordinary time the employee
would have worked, had the employee not been on leave during the relevant period, plus a loading
of 17.5%.
A shift worker's ordinary time wage for the purpose of this Section shall include the shift
allowance as prescribed in Section 5.
Annual Leave shall be given and taken as agreed by the Company and the Employee.
If a Public Holiday is observed on an ordinary working day during the period of Annual Leave that
day will not be counted as annual leave (ie. the leave is increased by one day for each public
holiday).
Where the Company seeks to close down the site or sections of the site for the purposes of
allowing annual leave to be taken by most of its employees, it shall give its employees at least four
weeks notice of its intention to do so.
At time of termination all untaken accrued annual leave shall be paid out, provided that in the case
of termination on account of misconduct, pro-rata annual leave and loading is not payable.
2.4 PUBLIC HOLIDAYS AND HOLIDAY WORK
An employee, other than a casual employee (as defined) shall be entitled to the following holidays
without deduction of pay. Provided that if any other day be generally observed in a locality as a
substitute for any of the said holidays, the day so substituted shall be observed-
New Year's Day
Australia Day
Good Friday
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Easter Monday
Anzac Day
Foundation Day
Labour Day
Christmas Day
Boxing Day
Queens Birthday
* When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.
* When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.
* When New Year's day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the
next Monday.
2.4.1 Substitution by Agreement
By agreement between the Company and the majority of employees, other days may be substituted
for any of the days set out in this subsection.
2.4.2 Work on a Public Holiday
All work performed on any of the holidays prescribed in this Section or substituted in lieu thereof
shall be paid for at the rate of double time and a half
An employee required to work on a public holiday or on a day substituted in lieu thereof shall be
afforded at least four hours work or paid for four hours at the appropriate rate.
2.4.3 Termination - Group of Holidays
If the Company terminates the employment of an employee except for reasons of misconduct
(proof of which shall lie upon the Company) the Company shall pay the employee a day's ordinary
wages for each holiday prescribed in this Section or each holiday in a group as prescribed in this
subsection which falls within ten consecutive days after the day of termination.
Where any two or more of the holidays prescribed in this Section occur within a seven-day span,
such holidays shall for the purpose of this Agreement be a group of holidays. If the first day of the
group of holidays falls within ten consecutive days after termination, the whole group shall be
deemed to fall within the ten consecutive days.
Christmas Day, Boxing Day and New Year's Day shall be regarded as a group.
No employee shall in any one year be entitled to receive payment from more than one Company in
respect to the same public holiday or group of holidays.
2.5 SICK LEAVE
An employee other than a casual employee who is absent from work on account of personal illness
or on account of injury by accident, other than that covered by workers' compensation, shall be
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entitled to leave of absence, without deduction of ordinary time pay, subject to the following
conditions and limitations:
* An employee shall as soon as reasonably practicable and other than in extraordinary
circumstances within four hours of the commencement of such absence inform the Company of
the employee's inability to attend for duty, and, as far as practicable, state the nature of the
injury or illness and the estimated duration of his absence.
* The employee shall prove to the satisfaction of the Company that the employee was unable on
account of such illness or injury to attend for duty on the day or days for which sick leave is
claimed. Proof may include when requested in writing a medical certificate, provided that a
medical certificate is not required for first two-day single absences in any two-day period.
* An employee during the each year of employment with the Company shall be entitled to sick
leave entitlement at the rate of one day at the beginning of each of the first ten calendar months
of the year of employment.
Unused sick leave shall accrue from year to year.
Leave not approved, as sick leave by the Company shall be regarded as unauthorised and unpaid.
On termination of employment for any reason other than misconduct, an employee with sick-leave
which has accrued during the course of employment on the project, and that has not been taken,
shall be paid the amount of outstanding sick leave hours at the ordinary rate of pay for the
employees classification provided in Section 3. Provided that any payment for accrued unused sick
leave in the second and subsequent years shall be on the basis of one day per month worked, to a
maximum of ten days in any year.
2.6 FAMILY LEAVE
2.6.1 Use of Leave for Family Purpose
An employee with responsibilities in relation to either members of their immediate family or
members of their household who need care and support shall be entitled to use any accrued annual
leave or sick leave entitlements or accrued rostered days off to provide care and support for such
persons when they are ill.
The employee shall, if required, establish by production of a medical certificate for the illness of
the person concerned.
The entitlement to use accrued leave in accordance with this subsection is subject to:
* the employee being responsible for the care of the person concerned; and
* the person concerned being either
* a member of the employee's immediate family- or
* a member of the employee's household.
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* the term "immediate family" includes-
* a spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the
employee. A de facto spouse, in relation to a person, means a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband or wife of that
person on a bona fide domestic basis although not legally married to that person- and
* a child or an adult child (including an adopted child, a step child or an ex nuptial child), parent,
grandparent, grandchild or sibling of the employee or spouse of the employee.
The employee shall, wherever practicable, give the Company notice prior to the absence of the
intention to take leave, the name of the person requiring care and their relationship to the
employee, the reasons for taking such leave and the estimated length of absence. If it is not
practicable for the employee to give prior notice of absence, the employee shall notify the
Company by telephone of such absence at the first opportunity on the day of absence.
2.6.2 Unpaid Leave for Family Purpose
An employee may elect, with the consent of the Company, to take unpaid leave for the purpose of
providing care to a family member who is ill. Provided further that any other entitlement under
this Agreement shall not apply during the period of this unpaid absence.
2.7 BEREAVEMENT LEAVE
An employee other than a casual shall on the death within Australia of a spouse, mother, father,
parents-in-law, brother, sister, child, or stepchild, be entitled on notice to leave up to and including
the day of the funeral of such relation (or where made necessary because of travel arrangements,
the day after the funeral), and such leave shall be without deduction of pay for a period not
exceeding the number of hours worked by the employee in two ordinary days of work. Proof of
such death shall be furnished by the employee to the satisfaction of the Company.
Provided that this Section shall have no operation while the period of entitlement to leave under it
coincides with any other period of entitlement to leave.
For the purpose of this Section the word "spouse" shall include a person who lives with the
employee as a de facto.
Provided further that, with the consent of the Company, which consent shall not be unreasonably
withheld, an employee shall, in addition to this entitlement to paid bereavement leave, be entitled
to reasonable unpaid bereavement leave up to ten working days in respect of the death of a relation
to whom the Section applies.
2.8 JURY SERVICE
An employee other than a casual required to attend for jury service shall be reimbursed by the
Company an amount equal to the difference between the amount paid in respect of his attendance
for such jury service and the amount of wage he would have received in respect of the ordinary
time he would have worked had he not been on jury service.
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An employee shall notify the Company as soon as practicable of the date upon which he is
required to attend for jury service, and shall provide the Company with proof of this attendance,
the duration of such attendance and the amount received in respect thereof.
2.9 LONG SERVICE LEAVE
The provisions of the Construction Industry Portable Paid Long Service Leave Act 1995 shall
apply for the purposes of this Agreement.
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2.10 REDUNDANCY
2.10.1 Definition
"Redundancy" means a situation where an employee ceases to be employed by the Company other
than for reasons of misconduct or refusal of duty. "Redundant" has a corresponding meaning.
2.10.2 Redundancy / Retrenchment Policy
When selecting employees to be retrenched or made redundant, the Company shall apply the principle of “last on first
off” if all other factors are equal and subject to the operational requirements of the Company. Should any dispute over
the operation of this subclause arise the matter will be dealt with pursuant to Clause 4.5 hereof.
2.10.3 Redundancy Pay
A redundant employee shall receive a redundancy/severance payment, calculated at the rate of
$60.00 per week of completed service.
The employer shall make the redundancy contributions conscribed by this clause to the WA Construction Industry
Fund (WACIRF) or the ICOLINK.
From 1 December 2004 $65.00 per week
From 1 December 2005 $70.00 per week
Any period of service as a casual shall not entitle an employee to accrue redundancy in accordance
with this Section for that period.
Service as an apprentice will entitle an employee to accumulate credits towards the payment of a
redundancy benefit in accordance with this Section if the employee completes an apprenticeship
and remains in employment with the Company for a further twelve months.
Weekly hire employees shall accrue redundancy pay for all periods of paid leave taken pursuant to
the terms of this Agreement.
2.10.4 Employee Leaving During Notice
An employee whose employment is terminated by the Company in accordance with this Section
may terminate his or her employment during the period of notice and if this occurs, shall be
entitled to the provisions of this Section as if the employee remains with the Company until expiry
of such notice. Provided that in such circumstances, the employee shall not be entitled to payment
in lieu of notice.
2.10.5 Insurances
The Company must make contributions of $10 per week per employee to WA Construction Industry Redundancy
Fund Ltd, as agent for the JLT (WA Construction Industry) Discretionary Trust, that will provide discretionary cover,
under the trust deed/rules of that trust, for Industry Insurance type risks for each employee and also for all other
construction workers nominated from time to time by the Union.
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2.11 SUPERANNUATION
The Company will utilise an approved superannuation fund such as C+Bus to meet its obligations
under the Superannuation Guarantee (Administration) Act 1992 subject to a minimum contribution
of 9% of ordinary time earnings.
For the purposes of contributions "Ordinary time earnings" shall mean the actual ordinary rate of
wage the employee receives for ordinary hours of work including daily fares and travel allowance,
tool allowance, Site Allowance, Special Project Allowance, shift loading and leading hand
allowance, where applicable as well as casual rates received for ordinary hours of work. All other
allowances and payments are excluded.
Subject to the Trust Deed to the relevant fund of which an employee is a member, the following
provisions will apply.
1. Paid Leave. Contributions shall continue whilst a member of a Fund is absent on paid annual leave, sick leave,
long service leave, public holidays, jury service, bereavement leave, or other paid leave.
2. Unpaid Leave. Contributions shall not be required in respect of any period of absence from
work without pay of one day or more.
3. Work Related Injury or Illness. In the event of an eligible employee's absence from work being
due to work related injury or work related illness, contributions at the normal rate shall continue
for the period of the absence provided that:
i. the member of the fund is receiving workers compensation payments or is receiving regular
payments directly from the employer in accordance with statutory requirements or
provisions of this Award (for a maximum of 26 weeks);
ii. the person remains an employee of the employer.
SECTION 3 WAGE RATES AND ALLOWANCES
3.1 EMPLOYMENT CLASSIFICATIONS
(a) CE1
Tasks undertaken:
- general construction labouring and cleaning duties;
- assists employees at higher classification levels, including tradesmen;
- duties in a tool or materials store, including the receiving, despatching, distributing,
sorting, checking, documenting and recording of goods, materials and components which
may involve the use of forklifts, hand trolleys and similar lifting equipment;
- operates hand-controlled roller.
(b) CE2
Tasks undertaken:
- operates machinery and equipment requiring the exercise of skill and knowledge beyond
of that an employee at CE1;
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- non destructive testing technical assistant;
- structural work on concrete operations, including assisting tradesmen fixing form work,
placing concrete and finishing placed concrete;
- powder monkey;
(c) CE3
Tasks undertaken:
- operates machinery and equipment requiring the exercise of skill and knowledge beyond
that of an employee at CE2;
- certified rigger, not holding an advanced certificate;
- duties of a dogman;
- pipe layers and drainers work;
- operates mobile cranes with lifting capacity of up to 20 tonnes;
- operates articulated on-site vehicles;
- concrete pump operator;
- concrete agitator truck driver;
- certified scaffolder;
- steel fixer.
(d) CE4
Tasks undertaken:
- operates machinery and equipment requiring the exercise of skill and knowledge beyond
that of an employee at CE4;
- operates a mobile crane with lifting capacity in excess of 20 tonnes and up to 80 tonnes;
- carpenter;
- bricklayer;
- painter;
- plasterer;
- certified rigger, holding an advanced level of certificate.
(e) CE5
Tasks undertaken:
- operates a mobile crane with lifting capacity in excess of 80 tonnes and up to 180 tonnes;
- tower crane operator.
(f) CE6
Tasks undertaken:
- mobile crane operator (180 to 250 tonnes).
(g) CE7
Tasks undertaken:
- crane operator (over 250 tonnes).
3.2 APPRENTICES
3.2.1 Wages Per Week (Percentage Of Tradesperson's Rate)
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(i) Four year term %
42
First year ...........................................................................................
55
Second year .......................................................................................
75
Third year ..........................................................................................
88
Fourth year ........................................................................................
(ii) Three and a half year term %
42
First six months .................................................................................
55
Next year ...........................................................................................
75
Next following year ..........................................................................
88
Final year ..........................................................................................
(iii) Three year term %
55
First year ...........................................................................................
75
Second year .......................................................................................
88
Third year ..........................................................................................
The Tradesperson's rate shall be the hourly rate x 38 prescribed in subsection 3.3 - Rates of Pay of
this Agreement.
3.2.2 Provision of Tools
The Company may by agreement with the apprentice's parent or guardian, elect to provide the
apprentice with a kit of tools and, subject to establishing the value of the tools at the time of so
providing, deduct the tool allowance until the cost of the kit of tools is reimbursed.
In the event of an apprentice being dismissed or leaving his/her employment before the cost of the
tool kit has been reimbursed, the Company shall be entitled to:
* deduct from any monies owing the apprentice, the amount then owing; or
* by agreement retain tools at the originally nominated value to the amount still owing.
Subject to the above the maximum number of apprentices to be taken on by The Company shall be
one apprentice to every two tradespersons.
3.3 RATES OF PAY
The following ordinary hourly rates of pay will be paid in accordance with the conditions
established in this Agreement from the first pay period commencing on or after the dates indicated.
Level Hourly Hourly Hourly
Rate Rate Rate
(01/04/04) (01/07/04) (01/04/05)
$ $ $
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CE7 26.09 27.54 28.92
CE6 24.96 26.35 27.66
CE5 23.82 25.14 26.40
CE4 22.69 23.95 25.15
CE3 21.90 23.12 24.28
CE2 20.94 22.10 23.20
CE1 20.38 21.51 22.58
3.4 LEADING HAND ALLOWANCE
A person specifically appointed in writing by the Company to be a leading hand shall be paid for
all purposes, at the rate of the undermentioned amounts above the rates of the highest classification
supervised, or his own rate, whichever is the highest in accordance with the number of persons in
his charge.
PER WEEK
1. In charge of not more than 1 person $13.00
2. In charge of 2 and not more than 5 persons $28.70
3. In charge of 6 and not more than 10 persons $36.60
4. In charge of more than 10 persons $48.80
These allowances shall be increased in accordance with those set out in Clause 18.4 of the
National Building and Construction Industry Award 2000.
3.5 TOOL ALLOWANCE
The following all-purpose tool allowances shall be paid as applicable.
Carpenter and/or Joiner $22.10
Plasterer $18.20
Bricklayer $15.60
Roof Tiler $11.50
Signwriter, Painter, Glazier $5.40
These allowances shall be increased in accordance with those set out in Clause 24.3.1 of the
National Building and Construction Industry Award 2000.
3.6 SITE ALLOWANCE
An employee engaged on any of the work covered by this Agreement shall be paid a site
allowance of $3.50 per hour, for each hour worked to compensate for all disabilities associated
with the Project.
3.7 SPECIAL PROJECT ALLOWANCE
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The parties to this Agreement recognise that certain aspects of construction work on this project
give rise to work disabilities and requirements that are particular to the nature of this project.
Without limiting the identification of these disabilities and requirements, examples are:
* The requirement to work in and around the existing bridges, roadways and associated works.
* The need to work near or over water,
* Work undertaken with Bentonite and in piling.
* Working in and around congested work sites during Construction and Commissioning.
Notwithstanding that the site allowance provided for by this Agreement covers all general
disabilities and special circumstances arising from construction activities on site, an amount of
$110.00 per week worked will be paid as a Special Project Allowance provided, however, pro rata
entitlements will be calculated as detailed below.
This payment recognises that all special circumstances, features and disabilities arising during the
course of construction of, and particular to, this project have been taken into account in the
finalisation of this Agreement.
It is agreed that payment of this Special Project Allowance will be made on the following basis,
* For the purposes of pro-rata entitlements, the allowance applicable shall be calculated at the rate of $22.00 per day,
Monday to Friday inclusive. Notwithstanding the other provisions of this subclause, where an employee works
overtime on a Saturday and Sunday, they shall be paid an additional $22.00 per day for those days.
* Payment of the allowance will be forfeited at the rate of $22.00 per day on any day, Monday to Friday inclusive
within which industrial action occurs prior to which the provisions of subsection 4.5, with respect to Dispute
Resolution Procedures, have not been complied with in full.
* Where, notwithstanding the completion of the provisions in subsection 4.5, Dispute Resolution
Procedures, industrial action arises, the allowance shall be forfeited on a prorata basis with
respect to the time not worked.
* This allowance shall also be forfeited on a pro-rata basis with respect to any other unauthorised
absences from work. Further, an employee, on commencement or termination, on site for less
than one week shall accrue the payment only for those days which the employee worked on site
within that week.
* This allowance will continue to accrue during any authorised paid absence to a maximum of
two weeks.
3.8 FIRST AID ALLOWANCE
An employee who holds the appropriate first aid qualifications and is appointed in writing by the
Company to carry out first aid in addition to usual duties shall be paid an allowance of $3.10 per
day worked.
3.9 MEAL ALLOWANCE
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An employee who is required to work one and a half hours overtime or more after working
ordinary hours inclusive of time worked for accrual purposes as prescribed in sub section 5.1.3
shall be paid a meal allowance of $9.90.
This allowance shall be increased in accordance with that set out in Clause 24.9.1 of the National
Building and Construction Industry Award 2000.
3.10 DAILY FARES AND TRAVELLING ALLOWANCE
Where an employee is not provided with company transport or is not offered company transport
and is therefore required to travel to work in the employee's own vehicle, the employee will be
paid a travel allowance comprised of the National Building and Construction Industry Award 2000
– Clause 38.1.1 prescribed level plus an additional $9.20 per day.
This allowance shall not be taken into account in calculating overtime, penalty rates, annual leave,
sick leave or any other leave but shall be payable for any day upon which the employee in
accordance with the Company's requirements works or reports for work or allocation of work.
The allowance shall also be paid on any day taken as an RDO. If an employee has banked RDO's
then at time of termination of employment, this allowance shall be paid as if each RDO was in fact
taken during the term of employment. The allowance shall not be paid on a pro rata basis for any
incomplete "full day" RDO accrual.
3.11 PAYMENT OF WAGES
3.11.1 Method of Payment
Payment of wages shall be by electronic funds transfer to each employee's nominated financial
institution account.
3.11.2 Time of Payment
Wages shall be paid weekly.
In any week on which a holiday falls on the normal pay day, wages shall be paid on the preceding
day.
Nothing shall prevent any alternative mutual arrangement between the Company and an employee.
The Company shall not keep more than two days wages in hand.
3.11.3 Payment on Termination
When notice is given in accordance with subsection 2.2 of this Agreement all monies due to the
employee pursuant to this Agreement shall be paid at the time of termination.
SECTION 4 EFFICIENCY MEASURES
4.1 OBJECTIVES
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This Agreement is designed to enable the Company, their employees and the Union to co-operate
with the objectives of ensuring:
* the project is safe and no one is injured in their work;
* all environmental protection requirements are met;
* the employees are treated fairly;
* the employees have the opportunity to contribute ideas to improve the work process the employees receive regular
information on the progress of the project;
* the project has no lost time due to industrial differences and is free of disputes the work is completed on time.
Consistent with these objectives, the parties are committed to exhausting to finality the procedures
outlined in this Agreement to resolve issues, difficulties and questions arising on the Project.
4.2 UTILISATION OF WORK SKILLS
The parties to this Agreement commit to co-operate to ensure the best utilisation of workforce
skills in the construction of this Project on the basis that:
* employees will carry out all directions and duties that are within the scope of their skills and training, while
ensuring that safety and quality requirements of the Project are maintained.
* the skill of an employee may as required be applied outside of their particular classification.
(The intention of this provision is not to promote the de-skilling of classifications, but to
recognise and make use of the full range of skills and competencies held by the workforce.)
* an employee engaged for two (2) hours or more on duties carrying a higher rate than the
employees ordinary classification shall be paid the higher rate for that day.
* employees shall comply with any reasonable request to work over-time or shift work within the
requirements of the Project at the appropriate rate as prescribed in this Agreement.
* the assignment of overtime by The Company to an employee shall be based on specific work
requirements and the practice of "one in, all in" overtime shall not apply.
* the Union party to this Agreement, or employee or employees covered by this Agreement, shall
in no way, whether directly or indirectly, be a party to or concerned in any ban, limitation, or
restriction upon the working of overtime in accordance with the requirements of the subsection.
* the Company has the right to determine an appropriate number and mix of classification skills
during any hours of work.
* any direction issued by the Company shall be consistent with the Company's responsibilities to
provide a safe and healthy working environment.
4.3 PROMOTION OF BEST FOR BUSINESS
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The company needs to achieve best practice levels of performance across all project activities and
therefore all parties commit to a continuing process of identifying activities in the construction of
the project which could be performed safer, better, quicker and on a more cost effective basis.
Should, during the life of this Agreement, any changes to the Project's operations be required to
ensure high levels of performance are attained, all parties are committed to introduce these
changes and participate as requested in a process of consultation and cooperation to implement
such measures as may be required.
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4.4 PROJECT CONSULTATION AND COMMUNICATION
In order to assist to achieve a harmonious working relationship and to assist to ensure that the
construction program set for the Project is maintained, regular and ongoing consultation between
the employees will be required to ensure co-operation is provided.
Employees are to be encouraged to contribute to this process with the view of contributing to
ensure that work on the Project is undertaken in the most safe and productive manner and the
highest quality standards.
4.5 DISPUTE RESOLUTION PROCEDURES
Where any questions, disputes or difficulties arise, the provisions of this Section shall be applied in
resolving the matters. Provided always that work shall continue in the usual manner without loss
of time or wages and without bans or limitations so as to allow the steps below to be followed:
4.5.1 Steps
Step One - Notification to Supervisor by Employee
The employee concerned and if requested by the employee, the employee's elected job
representative will raise the matter with the immediate supervisor for resolution.
Step Two - Notification to Superintendent
If not resolved, the employee and the employee's elected job representative shall raise the matter
with the next most senior Company representative (ie the superintendent). If not resolved at this
stage within reasonable time the matter shall then proceed to the next stage.
Step Three - Notification to Construction Manager
If not resolved, the employee and the employee's elected job representative concerned shall raise
the matter with the Construction Manager. If not resolved at this stage within a reasonable time,
the matter shall then proceed to the next stage.
Step Four - Matters in Dispute to be recorded in writing
If the matter is still unresolved after step 3., then the facts of the matter in dispute shall be recorded
in writing with a copy going to the employee, a copy to the elected job representative and a copy
to the construction manager.
Step Five - Notification to Organiser of the Union and Company Employee Relations Representative
After the matter has been recorded in writing, then an organiser of the Union and the
representative of the Company responsible for employee relations shall receive a copy of the
matter in dispute and may meet to resolve the matter.
Step Six – Company Employee Relations manager and State Secretary Meet
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If the matter is still not resolved the Company Employee Relations Manager and the Union State Secretary shall meet
to attempt to resolve the matter.
Step Seven - Matter to be referred to the Western Australian Industrial Relations Commission
If still not resolved the matter may be referred to the Western Australian Industrial Relations
Commission for assistance which may include the Commission exercising its conciliation and
arbitration powers with respect to the interpretation and determination of any dispute arising under
this Agreement. The decision of the Western Australian Industrial Relations Commission shall be
accepted by all Parties subject to legal rights of appeal.
It is agreed that the matter may be referred to the Western Australian Industrial Commission at any
stage of the procedure.
Sensible Time Limits to be Allowed
Sensible time limits shall be allowed for each step and work shall continue as it was prior to the matter being raised.
No Party will be prejudiced as to any final settlement by the continuance of work.
Matters associated with employee performance and termination of employment shall be progressed
in accordance with The Company's disciplinary procedures. However these procedures do not
prevent an employee from seeking any redress available under the Industrial Relations Act 1979.
The steps in this Section shall not apply to any bona fide safety concern which will be dealt with in
accordance with subsection 6. 1. Procedure for Dealing with and Resolving Safety Issues.
SECTION 5 WORK PATTERN
5.1 HOURS OF WORK - DAY WORKERS
5.1.1 Ordinary Hours
Subject to the provisions of this Section, the ordinary hours of work for day workers shall be 36
per week and shall be worked between 6.00 a.m. and 6.00 p.m. Monday to Friday inclusive.
However to meet operational requirements the spread of ordinary hours may be altered by mutual
agreement between the Company and the majority of Employees in work areas or over various
work areas concerned.
5.1.2 Rostered Day Off (RDO)
The first 7.2 hours of each day Monday to Friday shall be ordinary time and the next 0.8 hour, also
at ordinary time, shall accrue as an entitlement for a rostered day off. RDO’s shall be taken in
accordance with the calendar that appears in Schedule C to this Agreement. Before October of
each year the parties will meet to programme the RDO’s for the following year, ensuring that they
coincide with the public holidays to the greatest extent practicable.
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At time of termination any accrued RDO's will be paid to the employee as will any entitlement as
per subsection 3.10.
Each day of paid leave taken and any public holiday occurring during the employment period shall
be regarded as a day worked for RDO accrual purposes.
It is recognised that there is a merit in programming no work on the RDO’s adjacent to public
holiday weekends during the working year. This will allow the Employees to have quality paid
leisure time. As of July 1, 2004, work is prohibited on the weekends and agreed RDO’s adjacent
to Australia Day, Easter Friday, Easter Monday, Anzac Day, Queens Birthday and Labour Day.
Where there is emergency work or special contract needs the Company will consult with
applicable employees and the site union delegate. Limited work may be undertaken on the “no
work” weekends and adjacent RDO’s. In the case the Company will consult with the site union
delegate of any such need of work, to ensure appropriate consultation with the affected Employees
can take place.
A new Employee who does not have sufficient RDO accruals on days when RDO’s become due,
may take the RDO due provided that such time will be taken as an “RDO accrual in advance”. An
RDO accrual taken in advance may be deducted from the employee’s final pay on termination in
the event that an employee does not work the hours to accrue the RDO entitlement that was
advanced
The parties agree that there is provision for Employees to bank a maximum of eight (8) RDO’s in
each calendar year. These RDO’s once accrued may be taken by agreement between the employee
and their supervisor.
Each December of the Employees engagement, the employees may request that they be paid out
RDO accruals not taken in the previous twelve months.
5.2 MEAL AND REST BREAKS
5.2.1 Meal Break
There shall be a cessation of work and of working time for the purpose of a meal on each day, of no less than
30 minutes, to be taken between noon and 1.00pm.
5.2.2 Rest Periods and Crib Time
(a) There shall be allowed, without deduction of pay, a rest period of ten minutes between 9.00am and
11.00am.
(b) When an employee is required to work overtime after the usual ceasing time of the day or shift for
1.5 hours or more, the employee shall be allowed to take, without deduction of pay, a crib time of
twenty minutes in duration immediately after such easing time and thereafter, after each four hours
of continuous work, (also without deduction of pay), a crib time of 30 minutes in duration. In the
event of an employee remaining at work after usual ceasing time without taking the crib time of
twenty minutes and continuing at work for a period of two hours or more, the employee shall be
regarded as having worked twenty minutes more than the time worked and be paid accordingly.
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Subject to further order of the Commission this payment shall be regarded as having worked at
ordinary time for employees engaged on weekly hire.
(c) For the purposes of this subclause usual ceasing time is at the end of ordinary hours inclusive of
time worked for accrual.
The taking of crib, smokos and lunch breaks may be staggered or altered by the Company to meet
operational requirements with the Agreement of the employees in a work area or over various
work areas.
5.3 OVERTIME - DAY WORKERS
5.3.1 Overtime Rate
Except as otherwise provided in this Section, all time worked by a day worker in excess of or
outside the ordinary hours of work (inclusive of time worked for accrual purposes) shall be paid
for at one and a half times the ordinary prescribed rate for the first two hours, and at double the
ordinary prescribed rate for all time thereafter.
5.3.2 Computation of Overtime
For the purpose of computing overtime under this Section each day's work shall stand alone.
5.3.3 Saturday Work
* Overtime worked prior to 12 noon on a Saturday shall be paid for at the rate of time and one
half for the first two hours and double time thereafter.
* All overtime worked after 12 noon on Saturday shall be paid for at the rate of double time.
* All work performed on the Saturday following Good Friday shall be paid for at the rate of
double time and a half
An employee required to work prearranged overtime on a Saturday shall be afforded at least three hours work or shall
be paid for three hours at the appropriate rate.
5.3.4 Sunday Work
* All time worked on a Sunday shall be paid for at the rate of double time.
* An employee required to work prearranged overtime on a Sunday shall be afforded at least four
hours work or shall be paid for four hours at the rate of double time.
5.3.5 Call Out / Recall
An employee who is recalled after leaving the job for the day will be paid a minimum of 3
hours at the relevant overtime rate.
5.3.6 Reasonable Hours
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It is not expected that employees will normally be expected to work more than 56 hours per week,
including overtime except if operational requirements determine otherwise and following
consultation between the parties.
5.4 SHIFT WORK
5.4.1 Definitions
For the purposes of this agreement:
"Shift work" means any system of work in which operations are being continued by the
employment of a group of employees upon work on which another group had been engaged prior
thereto.
"Afternoon shift" means any shift where ordinary hours finish after 8.00pm and at or before
midnight.
"Night shift" means any shift where ordinary hours finish after midnight and at or before 0800
a.m.
"Rostered shift" means a shift of which the employee concerned has had at least 48 hours notice.
5.4.2 Roster
Shifts shall be worked according to a roster which shall:
* provide for rotation of shifts unless all the employees concerned agree otherwise,
* provide for not more than eight shifts to be worked in any nine consecutive days,
* specify the commencing and finishing times of each shift.
5.4.3 Ordinary Hours
The ordinary hours of work for shift workers shall not exceed an average of 36 per week over a
cycle of two, three or four weeks.
A shift shall consist of not more than eight consecutive hours inclusive of a crib time of 30
minutes which shall be counted as time worked.
5.4.4 Rostered Off Shift
Twenty-four minutes of each eight hour shift worked during a shift cycle shall accrue as an
entitlement to take a rostered off shift after each nineteen shifts worked. The rostered off shift
shall be paid for as though worked.
5.4.5 Paid Leave
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Each day of paid leave taken and any public holiday occurring during any shift cycle shall be
regarded as a shift worked for accrual purposes.
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5.4.6 Pro Rata Accrued Entitlements
A shift worker who has not worked or is not regarded by reason of subsection (5.4.5) hereof as
having worked a complete shift cycle shall receive pro rata accrued entitlements for each shift
worked or regarded as having been worked in that cycle. Such pro rata entitlements shall be
payable for the rostered off shift or, in the case of termination of employment, on such termination.
5.4.7 Taking Of Rostered Off Shifts
The Company and employees concerned shall agree in writing upon arrangements for the taking of
rostered off shifts or for their accumulation. Such accumulation shall be limited to not more than
five shifts before they are taken as rostered off shifts. When rostered off shifts are taken they shall
be regarded as shifts worked for accrual purposes in the particular shift cycle in which they are
taken.
5.4.8 Work On A Rostered Off Shift
The rostered off shift prescribed by this Section shall be taken as a paid shift off. Provided that
where the Company for emergency reasons requires an employee to work on his rostered off shift
the employee shall, in addition to his accrued entitlements, be paid at overtime rates for all work
performed on the rostered off shift.
5.4.9 Overtime
All time worked by a shift worker in excess of or outside the ordinary hours (inclusive of time
worked for accrual purposes), or on a shift other than a rostered shift, shall be paid for at the rate
of double time. Provided that this shall not apply when the overtime is worked by arrangements
between the employees themselves or for the purpose of effecting the customary rotation of shifts.
5.4.10 Shift Allowances
A shift worker whilst on afternoon shift other than on a Saturday, Sunday or holiday shall be paid
for such shift 50% more than his ordinary rate.
A shift worker whilst on night shift other than on a Saturday, Sunday or holiday shall be paid for
such shift 50% more than his ordinary rate.
5.4.11 Saturdays
Employees working shifts between midnight on Friday and midnight on Saturday shall be paid at
the minimum rate of time and a half for ordinary hours of work inclusive of time worked for
accrual purposes as prescribed in subsection (5.4.4) hereof.
5.4.12 Sundays And Holidays
Subject to this Section the provisions of subsection 2.4 of this agreement shall apply to shift
workers. Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday, the
time so worked before midnight shall not entitle the employee to the Sunday or holiday rate;
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provided that the time worked by an employee on a shift commencing before midnight on the day
preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as time
worked on such Sunday or holiday. Where shifts fall partly on a Sunday or a holiday that shift the
major portion of which falls on a Sunday or a holiday shall be regarded as the Sunday or holiday
shift.
5.4.13 Five Successive Shifts
Shift workers who work on any afternoon or night shift which does not continue for at least five successive afternoons
or nights shall be paid at the rate of time and a half for all ordinary time occurring during such shift in lieu of the shift
loading.
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5.4.14 Transport After Overtime, etc
When a shift worker, after having worked overtime or a shift for which he has not been regularly
rostered, finishes work at a time when reasonable means of transport are not available, the
Company shall provide the shift worker with conveyance to his usual place of residence or to the
nearest appropriate public transport.
5.5 REST PERIOD AFTER OVERTIME DUTY
When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that
employees have at least ten consecutive hours off duty between the work of successive days.
An employee who works so much overtime between the termination of his work on one day and
the commencement of his ordinary work on the next day so that he has not had at least ten
consecutive hours off duty between those times shall, subject to this Section, be released after
completion of such overtime until he has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
If, on the instructions of the Company, such an employee resumes or continues work without
having had such ten consecutive hours off duty he shall be paid at double rates until he is released
from duty for such period and he shall then be entitled to be absent until he has had ten
consecutive hours off duty without loss of pay for ordinary working time occurring during such
absence.
SECTION 6 OCCUPATIONAL HEALTH AND SAFETY
6.1 PROCEDURE FOR DEALING WITH AND RESOLVING SAFETY ISSUES
The steps to be taken are as follows:
1. When an employee becomes aware of an unsafe situation, the employee is required to rectify it, if it is within the
employee's range of skills/competencies and authority to do so.
2. If the employee is not able to rectify the unsafe situation, the employee is required to notify the
leading hand, or supervisor who will take all necessary steps to rectify the unsafe situation.
3. If there is to be any delay in rectifying the situation, the supervisor responsible for that area will
ensure that employees who are working in the affected area are relocated to work in other areas
on the project until the unsafe situation has been rectified. The employer safety personnel and
employee safety representatives should also be advised or notified.
4. Provided it is safe to do so, all employees with appropriate skills will be used to restore safe
working conditions and normal productive work will progressively resume in the affected area.
5. Employees who are not able to be transferred to perform productive work in a safe area shall
remain on the project in the site sheds if safe to do so, or at an agreed alternative safe location.
6. If there is disagreement over the existence of an unsafe situation or method of dealing with an
unsafe situation, the work process in question shall not be carried out until such time as the
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matter has been resolved except under such conditions as are agreed between the parties. The
matter will then immediately be referred to the company representative responsible for the
coordination of project safety and the relevant safety & health representative, who shall meet
and inspect the work area in an attempt to resolve the matter.
7. If the issue is still not resolved, then the relevant safety and health committee will meet to discuss the matter. The
Safety & Health Committee will agree on whether an unsafe situation exists and, if so, agree a method of restoring
safe working conditions.
8. Where no agreement is reached by the Safety & Health Committee a WorkSafe Inspector will
be called to the site to make a determination.
9. Should all work be deemed to be unsafe, employees will not leave the site, but will remain
either in the site sheds if safe to do so or at an agreed alternative safe location.
10. Provided the above safety procedure is complied with, entitlements to pay and other
benefits shall continue in accordance with Section 28 of the Occupational Health and Safety
Act 1984.
6.2 FIRST AID
At least one Senior First Aid Certificate person shall be present on the Project at all times when
construction work is being performed. The person may be an employee (including a salaried
employee) of the Company, or an employee of a subcontractor.
A First Aid room will be provided and a person appointed as First Aid Officer with the
responsibility to ensure that access is available to the First Aid room during all times while work is
being performed and that the room is regularly cleaned and that sufficient First Aid supplies are
available.
6.3 MANDATORY SAFETY EQUIPMENT
All employees engaged to work on site will be supplied with appropriate safety footwear, safety
helmets (and sun brim if requested), and safety glasses conforming to AS 1337, before
commencing work on the project.
These items must be worn at all times as instructed during the site orientation and induction
process. Helmets must not be painted, drilled or modified in any way.
Footwear, helmets and glasses damaged and/or worn beyond their safe life will be replaced,
subject to verification, on the basis of "fair wear and tear"
Where it is necessary for optically prescribed glasses to be hardened, the cost of such hardening
shall be met by the Company.
Where an employee during the course of his employment suffers loss or damage to his spectacles
by cause for which he is not solely responsible he shall be compensated by the Company to the
extent of the loss or damage sustained to the spectacles. This subsection shall not apply when an
employee is entitled to workers' compensation in respect of the damage.
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6.3.1 Job-Related Equipment
The Company will supply all necessary safety protective equipment/materials necessary for
specific work tasks and the employee shall wear /use such equipment/materials.
The Company shall make available sunscreen (SPF 15+) for employees engaged in outside work.
6.4 PROJECT CLOTHING
At the time of employment with the Company, employees whose employment on the site will be
for a period of four (4) weeks or more will be entitled to be provided with two sets of Australian-
made cotton drill clothing.
A set of clothing will consist of either:
* One pair of overalls; or
* One pair of long trousers and one long or short-sleeved shirt.
Clothing will be replaced on request annually, or on a "fair wear and tear" basis.
In addition an eligible employee engaged on the project between I April and 30 September will be
issued with a winter jacket.
The Company reserves the right to incorporate the project name or logo (or both) on free issue
project clothing.
6.5 INCLEMENT WEATHER
6.5.1 Definition - Inclement Weather
"Inclement weather" shall mean the existence of rain or abnormal climatic conditions (whether
they be those of hall, snow, cold, high wind, severe dust storm, extreme of high temperature for
the locality concerned, or the like, or any combination thereof) by virtue of which it is either not
reasonable or not safe for workers exposed thereto to continue working whilst the same prevail.
For the purposes of this Section, weather shall not be regarded as inclement unless it is mutually
agreed between the Company and employees concerned.
Except as provided in this subsection hereof, no employee shall be required to work exposed to
inclement weather conditions. For the purposes of this subsection, an employee operating
machinery fitted with a functional weatherproof cab shall not be deemed to be exposed to
inclement weather.
There shall be no deduction of ordinary time wages for any working time lost due to inclement
weather.
Completion of concrete pours and emergency work:
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i. Except as provided in this subsection an employee shall not be required to work in the rain.
ii. Employees shall not be required to start a concrete pour in inclement weather.
iii. 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.
iv. If the employee's clothes become wet as a result of working in the rain during a concrete
pour he shall, unless he has a change of dry working clothes available, be allowed to go
home without loss of pay.
v. The provisions of iii hereof shall also apply in the case of emergency work where the
employees concerned and their job representative agree that the work is of an emergency
nature and can start and/or proceed.
Where it is necessary and safe for a spotter to work during a period of inclement weather thereby
enabling mobile plant to continue operating, such spotter shall be entitled to the provisions of ill
hereof.
SECTION 7 OTHER PROVISIONS
7.1 JOB REPRESENTATIVES
The Company supports the continuing role for the job representative when requested by an
employee in handling of questions, disputes or difficulties in accordance with subsection 4.5
Grievance Resolution Procedure.
Any employee elected to the position of job representative shall be recognised as such by the
Company and will have reasonable work time, when mutually convenient, to undertake matters
related to employees of the Company, when so required by those employees, in accordance with
the procedure outlined in subsection 4.5 of this Agreement.
The Company shall ensure that the job representative is provided with adequate resources to
perform their representative role.
7.2 EQUAL EMPLOYMENT OPPORTUNITY
The Company has an equal employment opportunity program which seeks to identify and
eliminate discrimination, victimisation and sexual harassment practices that may exist in the
workplace.
In line with this program, the Company will not condone any form of harassment, discrimination,
victimisation or conduct that has the purpose or effect of interfering with an individual's work
performance or creating an intimidating hostile or offensive work environment. The display in the
workplace of sexually suggestive pictures, sexually explicit or offensive jokes/graffiti or physical
assault is not acceptable.
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Any harassment, discrimination or victimisation will be considered to be a serious violation of
Company policy and will be progressed by corrective counselling and may result in termination if
counselling does not produce a change of behaviours acceptable to the Company.
Any employee who feels that they are a victim of harassment, discrimination or victimisation by
any supervisor, management official, or other employee, or any other person in connection with
their employment, should bring the matter to the immediate attention of their supervisor or a senior
Company representative.
7.3 AMENITIES
The Company shall provide a high standard of amenities for employee use on the project.
7.4 INCOME PROTECTION INSURANCE
The Company will provide, at no cost to the employee, income protection insurance for the
duration of the time on the Project in accordance with the Company’s existing practices and
policies on this issue.
The cost to the Company shall not exceed 2.25% (plus GST) of employees’ gross earnings.
Where an employee is in receipt of income protection insurance payments they shall not be
entitled to any other payments under this Agreement.
The Income Protection Policy shall also provide for Worker Compensation Top-up Insurance and
Trauma Insurance.
(a) The Company must insure each employee for trauma insurance providing financial compensation in
the event of a work related accident resulting in death of the employee or permanent and total
disablement.
(b) The trauma insurance referred to in this clause must be a policy with entitlements no less than a
lump sum payment of $250,000 in the event of the employee's death or permanent and total
disablement.
(c) If the Company fails to take out trauma insurance pursuant to this clause, the Employer will be liable
for all claims arising, under the same terms and conditions as those outlined in this clause.
7.5 TRAINING
7.5.1 A training allowance must be paid by the Company 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
From 1 December 2005 $19.00 per week per employee
7.5.2 Subject to clauses 7.5.3, 7.5.4, 7.5.5, 7.5.6, an employee will, upon application in writing
to and with the approval of the Company, be granted leave with pay each year to attend
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courses conducted or approved by the WA Construction Skills Training Centre. The
Company’s approval must not be unreasonably withheld.
7.5.3 The employee must give the application for leave to the Company at least 2 weeks in
advance of the date of commencement of the course.
7.5.4 The time of taking leave will be arranged so as to minimise any adverse effect on the
Company’s operations. The onus will rest with the Company to demonstrate to the Union
an inability to grant leave where an employee is otherwise entitled.
7.5.5 The Company 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.
7.5.6 Leave granted pursuant to this clause will count as service for all purposes of this
Agreement
7.5.7 The Company will actively encourage employees to seek formal recognition of their skills
(recognition of prior learning), and will allow leave in accordance with clause 7.65.2 for
such purposes including but not limited to securing Tradesmen’s Rights Certificates.
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7.6 SCHEDULE A - SIGNATORIES
SIGNED FOR AND ON BEHALF OF THE COMPANY
[signed]
Signed Print Name
In the presence of
Signed Print Name
Date: 8 June 2005
SIGNED FOR AND ON BEHALF OF THE CONSTRUCTION, FORESTRY, MINING &
ENERGY UNION OF WORKERS
[signed]
Signed Print Name
In the presence of
Signed Print Name
Date 16 June 2005
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SCHEDULE B
Drug & Alcohol, Safety & 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) The Rail Safety Act 1998, provides where appropriate, the legislative requirements for the management
of drug and alcohol abuse management and this policy must be read in conjunction with the Rail Safety
Act 1998.
(b) A person who is adversely affected by drugs or alcohol will not be allowed to work until that person can
work in a safe manner.
(c) 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.
(d) There will be no payment of lost time to a person unable to work in a safe manner.
(e) If this happens 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 adversely affected.
(f) For the purposes of disciplinary action a warning shall be effective for a period of 12 months from the
date of issue.
(g) 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.
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SCHEDULE C - RDO AND PDO CALENDAR 2005
Rostered Day Off (RDO) Paid Day Off (PDO)
Thursday 27 January Friday 28 January
Monday 14 February Tuesday 15 February
Tuesday 8 March
Tuesday 29 March Wednesday 30 March
Thursday 31 March
Friday 1 April
Tuesday 26 April
Monday 9 May
Monday 23 May
Tuesday 7 June
Monday 20 June
Monday 4 July
Monday 18 July
Monday 8 August
Monday 22 August
Monday 5 September
Monday 26 September
Tuesday 4 October
Monday 28 November
Friday 23 December
Wednesday 28 December
Thursday 29 December
Friday 30 December
36
2005 WAIRC 02692
IMPROVED CONCRETE PUMPING SERVICES (WA) PTY LTD NEW METRO
RAILSOUTHERN SUBURBS RAIL PROJECT, STRUCTURAL PROJECT
AGREEMENT 2005
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
OF WORKERS
APPLICANT
-v-
IMPROVED CONCRETE PUMPING SERVICES (WA) PTY LTD
RESPONDENT
CORAM SENIOR COMMISSIONER J F GREGOR
DATE FRIDAY, 23 SEPTEMBER 2005
FILE NO AG 97 OF 2005
CITATION NO. 2005 WAIRC 02692
Result Agreement registered
Order
HAVING heard Ms L. Dowden on behalf of the Applicant and there being no appearance on
behalf of the Respondent, and by consent, the Commission pursuant to the powers conferred on it
under the Industrial Relations Act, 1979, hereby orders:
THAT the agreement made between the two parties lodged in the Commission on 16th June
2005 entitled Improved Concrete Pumping Services (WA) Pty Ltd New Metro Rail
Southern Suburbs Rail Project, Structural Project Agreement 2005 be registered as an
Industrial Agreement.
SENIOR COMMISSIONER J F GREGOR
37
