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[2011] FWAA 541

DECISION Fair Work Act 2009 s. 185 - Application for approval of a greenfields agreement

Transcity Joint Venture (AG2010/15936)

TRANSCITY - LEGACY WAY CONSTRUCTION WORKS AGREEMENT

Building, metal and civi l construction industries

FAIR WORK

AUSTRALIA

SENIOR DEPUTY PRESIDENT RICHARDS BRISBANE, 31 JANUARY 201 I

Application/or approval a/the Transcity - Legacy Way Construction Works Agreement 2010.

[I] An application pursuant to s.185 of the Fair Work Act 2009 ("the Act") was made on 23 December 2010 by Transcity Joint Venture for the approval of a Greenfields agreement known as the Transcity - Legacy Way Construction Works Agreement 20 \0 ("the Agreement").

[2] A statutory declaration was provided by Mr Close of the Construction, Forestry, Mining and Energy Union ("the CFMEU"). In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[3] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with 5.54 of the Act.

SENIOR DEPUTY PRESIDENT

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[2011] FWAA 54 1

Appearances:

Mr. G. Power of Drayton's Workplace Consulting Pty Ltd for the Applicant

Mr. J. McQueen for the Construction, Forestry, Mining and Energy Union

Hearing details:

2011. Brisbane. January 25.

Printed by authority of the Commonwealth Government Printer

<Price code {G), AE8838 11 PR506240>

151

22 December 2010.

TRANSCITY - LEGACY WAY CONSTRUCTION WORKS AGREI<:MENT 2010

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TABLE OF CONTENTS

Clause 1. 2. 3. 4. 5.

6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.98

7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7

8. 8.1 8.2 8.3 8.4 8.5 8.6

9. 9.1 9.2 9.3 9.4 9.5 9.6 10 11 12

Name of Agreement Parties to the Agreement Application of Agreement Duration of Agreement Purpose of Agreement

Contract of Employment Engagement Tennination Employer Site Policies and Procedures Safety Fitness for Work Procedure Dispute Resolution Procedure Consultation Flexib ility

Classification and Wage Rates Classification Definitions Wages Allowances Superannuation Income Protection Redundancy Payment of Wages

Hours of Work and Overtime Hours of Work Overtime Meal Breaks and Rest Pauses Shift Work Short-Term Night Work Wet Weather

Conditions of Employment Annual Leave Personall Carers Leave Parental Leave Compassionate Leave Long Service Leave Public Holidays The Role of Union Delegates and Employee Representatives Training for Delegates and Employee Representatives Employment Security, Staffing Levels, Mode of Recruitment

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Page 4 4 4 4 4

5 5 6 7 7 8 8 9 10

10 10 11 13 14 14 14 15

15 15 16 17 17 18 18

18 18 19 20 20 20 21 21 22

and 23

Replacement Schedule I Flexibility Telro

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1. NAME OF AGREEMENT

This Agreement will be known as the Transcity - Legacy Way Construction Works Agreement (the Agreement).

2. PARTIES TO THE AGREEMENT

The Parties to the Agreement will be as follows; • Transcity Joint Venture (ABN 83822813340) as the employer, and • The Construction, Forestry, Mining, Energy Union - Construction Division

(CFMEU), and • The employees engaged in the classifications contained herein on the works defined

in Clause 3 (employees).

3. APPLICATION OF AGREEMENT

This Agreement will apply to the employer and to the employees of the employer engaged in the classifications contained in this Agreement on construction works on the Legacy Way Project. The Legacy Way Project shall mean the construction of structures in or on the main line tunnel and road extensions.

This Agreement shall not apply to the following activities or personnel; • Employees installing uti lity or statutory body services such as telecommunications,

water, power, gas, local authorities and services • Deliveries and removal of goods, material and equipment to and from the Project. • Work on off-site infrastructure whether associated with the Project or not. • The off site manufacturing or fab rication of goods, materials and equipment. • Warranty, repair and maintenance work performed on plant and machinery • Technical and/or specialist employees engaged by equipment suppliers • Employees engaged in the installation of construction site buildings and related

services • Securi ty personnel • Landscapi ng Works • Asphalt bitumen works • Extruded kerb, channel and barrier works • Line marking and signage • Fencing work • Works covered by the Transcity Legacy Way Tunnel Work, Agreement 2010.

4. DURATION OF AGREEMENT

The Agreement shall take effect on the day the agreement is lodged with Fair Work Australia and shall remain in force until 20 December 2014.

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S. PURPOSE OF AGREEMENT

The purpose of the agreement is to provide comprehensively the wages and conditions of employment for the work performed described herein. The agreement will incorporate the Building and Construction General On-Site Award 2010 (the award). Provided where the terms and/or conditions of the Agreement and the terms and/or conditions of the Award are inconsistent, the Agreement terms and conditions shall prevail over the award.

The agreement applies the National employment Standards (NES) entitlements.

This Agreement shall apply to all work as described in Clause 3. Subject to Clause 3 and to the maximum extent permitted by the Fair Work Act 2009 it replaces all other laws, lndustrial Awards or Agreements.

6. CONTRACT OF EMPLOYMENT

6.1.1 Engagement

The employment shall be either full time or casual employment. The employee will be notified at the time of engagement of the employment status.

There will be a three-month probation for all new full time employees.

The employee will be directed to undertake a range of such activities that is within their skill, training and competency. The level of flexibility and skill is comprehended in the wage rates for each classification. There will be no restriction or limitation exercised by the employees in relation to duties performed by the employees or staff of the employer

6.1.2 Abandonment of employment

The absence of an employee from work for a continuous period exceeding three (3) rostered working days without the consent of the employer Or a reason acceptable to the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned their employment.

If within a period of 10 calendar days from their last attendance at work (or from the date of their last absence where notification was given or consent was granted) an employee has not established to the satisfaction of the employer that they were absent with reasonable cause, they shall be deemed to have abandoned their employment.

Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which COnsent was granted, or the date of the last absence in respect of which notification was given to the employer whichever is the later.

6.1.3 Standing down of employees

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Despite anything elsewhere contained in this Agreement, the Parties agree that the employer will have the right to deduct payment for any day (or part of a day) an employee cannot be usefully employed because of industrial action or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

Notwithstanding the above, employees may elect to use accrued leave entitlements to receive payment for time where stood down as provided for above. This shall not apply in the circumstances of wet weather as outlined in Clause 8.6.

6.1.4 Qualifications

Employees may be required by the employer to provide evidence of their qualifications related to their occupation dW'ing the course of their employment.

6.2 Termination

A full time employee's telwination shall be in accordance with the provisions of the Fair Work Act 2009 .The period of notice to be given by the employer shall be as follows:

Where the employee's period of continuous service with The period of that employer is: notice is: Up to I year I week I year or more but less than 3 years 2 weeks 3 years or more but less than 5 years 3 weeks 5j'ears or more 4 weeks

This period of notice shall be increased by one week where the employee is over 45 years of age and has completed two years of continuous service with the employer.

The period of notice to be given by the employee shall be equivalent to that required of the employer. Where less than one weeks notice is given by the employee the employer is entitled to deduct one weeks pay from the employees termination payment.

Payment in lieu of notice shall be made if the appropriate notice period is not given. The employment may be terminated by part of the period of notice and part payment in lieu. Payment in lieu of notice shall be at the employee's ordinal), weekly wage for the ordinary hours not worked by tbe employee during the period of notice. Nothing in this Clause shall affect the right of the employer to summarily dismiss an employee for conduct that justifies this action.

Examples of conduct that may constitute serious misconduct include, but are not limited to, the following:

I . Continual and/or severe breaches of employer site policies and safety rules 2. Smoking in any designated No Smoking area. All Site Offices inclusive of amenities

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and enclosed areas are non-smoking areas. 3. Use of alcohol and/or drugs in breach of the drug and alcohol policy. Attending to

work while under the influence of alcohol and/or drugs. 4. Possession of, or use of, illegal drugs/substances. 5. Offensive, intimidating or violent behaviour(including vandalism) 10 any form

regardless of how or why it was initiated 6. Unauthorised possession of employer or another employee's property. 7. Trespass without pernlit on any restricted access areas. 8. Discrimination or harassment of any form, including that relating to race, colour,

rel.ig10n, sex, age, national origin, ancestry, handicap or military status. 9. Possession and/or use of weapons of any kind. 10. Interference with or misuse of any emergency equipment.

6.3 Employer Site Poticles and Procedures

It is important employees follow all reasonable lawful instructions given by tileir Supervisor. In addition all employees shall adhere to tile employer site policies and procedures when in proximity of the Project or on the Project. Should any employee not be able to perform the assigned task for any reason whatsoever, it is their duty to inform their supervisor immedi ately. Refusal to comply with any lawful instruction may result in disciplinary action.

Should an employee believe they have been treated unfairly in the application of the Project rules, the matter ",ill be processed in accordance with the Dispute Resolution Procedure in Clause 6.7

6.4 Sarety

6.4.1 Policy and Procedures

Employees will comply with the relevant Acts, Regulations, Codes of Practice and the employer's Occupational Safety Policies and Procedures (as amended from time to time). It is a requirement to wear and maintain personal protective equipment, safety equipment and uniforms whilst in areas requiring such equipment.

The health and well being of our employees is a fundamental part of having a successf-ul Project. In particular the employer wants to ensure that employees arrive home to their families safely.

The employer shall implement a policy and procedure to assist in the management of fatigue on the Project .and this will require employee's cooperation.

Any disputes or grievances relating to safety issues shall be resolved in accordance with the Dispute Resolution Procedure contained Tn clause 6.8. Work shall continue as normal or as directed by the employer during any safety dispute.

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6.4.2 Clothing

The employer shall provide each employee with appropriate protective clothing, including the following:

• Five high visibility long sleeved shirts, • Five pairs of trousers • One pair of approved safety footwear • Personal protective equipment including sunscreen • A broad brimmed hard hat • A pair of safety glasses to the approved Australian Standard • A winter jacket issued by the employer on the 1st of May. After taking into

consideration the climatic conditions the jacket may need to be issued earlier.

The employee shall use such equipment and be personally liable for safe guarding of same. Any replacement of items will be on a fair wear and tear basis.

6.5 Fitness for Work Procedure

Each employee will be made aware of the fitness for work procedure at the point of engagement. Each employee wi ll be responsible for maintaining their fitness for work in accordance with tile standards provided in the procedure.

6.6 Dispute Resolution Procedure

The parties to this Agreement shall observe tile following Industrial Dispute Resolution procedure in respect of disputes relating to the operation of this agreement and the application of the National Employment Standards;

An employee may have a representative at all stages.

I. The employee concerned will first meet and confer with their immediate supervisor. The employee may appoint another person to act on their behalf.

2. If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may invite a representative to be involved in tile discussions. The employer may also invite a representative into the discussions.

3. If the matter remains unresolved, the employer or employee may refer it to a mOre senior level of management for consideration.

4. In the event of the matter remaining unresolved, either party may refer the matter to Fair Work Australia for conci1iatio.n and/or arbitration.

5. Except in situations where there is a perceived immediate and significant threat to

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employee health and safety, work will continue and consideration of the needs of the business will remain a priority.

6.7 Consultation

(a) General The employer commits to consulting with the union before the mobilisation of employees on the project to discuss the following matters

• Induction time Jines and locations • Workplace health and safety committees • Right of Entry protocols • General workplace consultation during the life of the project

(b) Before major change

Where the Company proposes to make changes in the levels of production scheduling, organisation or technology that are likely to have "significant effects" on a majority of employees in the relevant branch/site, the Company will as soon as practicable, consult with employees and the Union in a meaningful way prior to a final determination on any such change.

"Significant effects" for this purpose includes but not limited to major changes in the composition, operation and size of the Company's workforce or in the skills required, the elimination or reduction of job oppoliunities, the alteration of hours of work the need for retraining or transfer of employees to another location and restructuring of jobs.

"Meaningful consultation" for this purpose means providing the Union and/or Elected Employee Representatives with a bona fide opportunity to discuss the Company's decision(s). In order to facilitate meaningful consultation, the Company will provide employees and the Union and/or Elected Employee Representatives with relevant information including the reasons for the change contemplated, the number and category of workers likely to be effected and the period over which any change may be intended.

Either party may at any time throughout the consultative process utilise the dispute procedure outlined in this agreement

6.8 Flexibility

The parties to the agreement will be bound by the flexibil ity term in schedule I.

7. CLASSIFICATION AND WAGE RATES.

7.1 Classification Definitions Employees shall be classi fied and paid 111 accordance with tbe following classification structure.

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Classification Description New Entrant An Employee who has not previous ly worked within the Industry

Classifications defined herein.

CWI An entry-level employee with greater than three month's experience. CW2 An employee having the skills, qualifications and competency and

substantially assigned to exercise the following duties:

• Application of general manual support skills. • Powered Vibrating Road Roller up to 4 Tonne» Powered Road Roller

up to 8 Tonne

c CW3 • Bobcat • Forklift • Carpenters (unqualified less than 12 months experience) • Cranes up to 20 Tonne • Pile Driver • Compactors up to 20 Tonne

CW4 • Cranes 20 to 40 Tonne • Carpenters (unqualified and more than 12 months • experience) • Grader up to 3 7kw (less than CAT 120) • Excavators up to .5 cubic metre capacity (up to 20 tonne weight) • Crawler Tractors up to 180kw (CAT D7 and below) • Scraper Loader up to 10 cubic metre capacity (Jess than CAT 621) • Loaders up to 130kw (up to CAT 950) • Backhoe • Trucks over 20 Tonne capacity • Compactors over 20 Tonne

CWS • Trade or AQF 3 qualifications • Cranes 40 to 80 Tonne • Grader over 37kw (CAT 120 and above) • Excavator over .5 cubic metre capacity (above 20 tonne weight) • Crawler Tractor over 180kw (CAT D8 aod above) • Scraper Loader over 10 cubic metre capacity (CAT 621 and above) • Loader over 130kw (CAT 960 and above)

CW6 • Final Trim Operator • Excavator over .5 cubic metre capacity with powered attachments • Crane in excess of 80 Tonne

7.2 Wages

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7.2.1 Wage Rates

The wage rates for each classification are as prescribed below. Without limiting the generality, the wage rates contained herein shall include, compensation for all disabilities and/or special skills (other than those for which allowances are otherwise expressly provided for within this Agreement) and/or special rates associated with, or likely to be associated with, work on, or in connection with, the Project including industry allowance, site or similar allowance and any allowance for work at dirty work, bot work, confi ned spaces, obnoxious, dust, toxic or irritant materials or other allowance of a kindred nature.

Classification Wage Rate 1107111 1/01112 1107112 1/01/13 1107113 1/0 1114 ($hr) Effective

on Commencement

New Entrant $30.39 $31.1 5 $31.93 $32.72 $33.55 $34.38 $35.24 CWI $31.93 $32.72 $33.54 $34.38 $35.24 $36.13 $37.03 CW2 $33 .15 $33.97 $34.82 $35.70 $36.59 $37.50 $38.44 CW3 $34.38 $35.24 $36.12 $37.02 $37.94 $38.90 $39.87 CW4 $34.95 $35.82 $36.72 $37.63 $38.58 $39.54 $40.53 CW5 $35.61 $36.50 $37.41 $38.34 $39.30 $40.28 $41.29 CW6 $37.39 $38.32 $39.28 $40.26 $41.27 $42.30 $43.36

7.2.2 Apprenticeships and Traineeships

Apprentices Apprentices engaged by the employer on the Project will be paid as per the following table

Level Percentage of Tradesperson Rate Firs t year of apprenticeship 40% Second year of apprenticeship 55% Third year of apprenticeship 75% FOlU1h year of apprenticeship 90%

Trainees

1. Trainees may be engaged in either a Certificate U traineeship or a Certificate III traineeship. 2. A Certificate Jl traineeship will be of 2 years duration and will consist of no less than 16 modules 3. A Certificate III traineeship w.ill be of 3 years duration and will consistent of no less than

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24 modules 4. Type A trainees will be required to complete the full 2 or 3 years of the traineeship, as the case may be, and will be paid in accordance with the following table. No other allowances are paid to Apprentices. To avoid any doubt, there will be no freezing of a Type A Trainee's rate of pay, where the Trainee was employed by the Company inunediately prior to entering into the traineeship.

Type A Trainee Level of Comnletion Rate of Pay Certificate II Less than 12 Months 70% of Re levant Wage Rate

12 months or more and 80% ofRe1evaot Wage Rate satisfactory completion of required units of comnetency On completion Relevant Wage Rate

Certificate 1II Less than 12 months 70% of Relevant Wage Rate 12 months but less than 24 80% of Relevant Wage Rate months and satisfactory completion of required units of competency 24 months or more and 90% of Relevant Wage Rate satisfactory completion of required units of competency 00 completion Relevant Wage Rate

5. Type B Trainees will be classified in the same manner as Employees in accordance with the classification structure in this Agreement and be entitled to the rate of pay for that classification or a rate of pay as set out in the table above, whichever is higher. A Type B Trainee who was an existing Employee of the Company immediately prior to entering into trainees hip will not suffer a reduction in pay by virtue of entering into a traineeship.

6. Trainees may undergo recognition of prior learning (RPL) in order to satisfy competency requirements. Where this is the case, the Trainee will be deemed to have completed the relevant unit of competency on or after the date upon which the registered tra ining organisation (RTO) deems the module to have been satisfied. A Trainee who is deemed to have completed units of competency by virtue of RPL wi ll have the teml of their traineeship reduced accordingly

7.2.3 Casual Employees

Casual employees meaning employees engaged as such will receive a loading of 25% on the rates prescribed herein as their ordinary rate. The loading will compensate fo r annual leave, sick/carers leave, compassionate leave, public holidays, notice and any other full time entitlements that do not apply to casuals .

7.3 Allowances

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7.3.1 Travel Allowance

A flat allowance per day in accordance with the table below shall be paid to each employee for each day worked. This allowance will not be paid in the circumstances where the employer provides the employee with a vehicle or transport to and from the project.

This allowance shall be a flat amount and not included in the calculation of overtime or other types of leave but shall be payable for any day upon which the employee in accordance with employer's requirements, works or reports for work or allocation of work.

This allowance shall include compensation for any travelling time or expense incurred by employees travelling to and from the workplace and entry gates, car parks or transpol1 means. No other payments for travelling to and from work will be payable to any employee.

On 1107/2011 1/0112012 1/07/2012 1/01/2013 1/07/2013 1/0112014 commencement

$40.00 $41.00 $42.00 $43.00 $44.00 $45.00 $46.00

7.3.2 Living Away from Home Allowance

A non local employee will be entitled to reasonable board and accommodation or be paid a living away from home allowance of $70.00 per day or $500 per week. A local employee will mean an employee who resides within a 75 kilometre radius of the project. A non local employee will mean all other employees.

Applicants for employment will be required to make a declaration accompanied by appropriate proof of their usual place of residence upon application.

Applicants will be advised that their declaration will detennine their eligibility, or otherwise, for living away from home allowance or board and accommodation. Such determination will not alter during the employee's employment on the Project.

tn circumstances where the employer relocates the employee on a pennanent basis and provides the reasonable and agreed relocation costs, then this allowance will not apply.

7.3.3 Tool a llowance

Tradespersons who provide their own trade tools will be paid an all purpose tool allowance in accordance with the following table;

On 1/07/2011 1101 12012 1/07/20 12 1/0112013 1/07/2013 110112014 commencement

$25.80 $26.45 $27.11 $27.78 $28.48 $29.19 $29.92

7.3.4 First Aid allowance

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An employee who is qualified to provide first aid and is appointed by the employer to be a first aid officer at a workplace wiU receive an allowance of $4.50 per day or shift actually worked.

On 1/07/20 11 1/0112012 1107/2012 110112013 110712013 110112014 commencement

$4.50 $4.61 $4.73 $4.85 $4.97 $5.09 $5.22

7.3.5 Leading Hands An employee appointed by their employer to act as a Leading hand shall be paid a daily allowance for each day worked in the capacity of a Leading hand of:

On 1107/2011 1/0 112012 1/07/201 2 1/0112013 1/07/2013 110112014 commencement

$12.50 $12.81 $13.13 $13.46 $13.80 $14.14 $14.50

7.4 Superannuation The employer shall pay the an10unts listed below of for each employee into a complying superannuation fund. This will satisfy the statutory requirements for occupational superannuation. The default fund will be C+Bus.

On 1/0712011 1107/2012 1107/2013 1/07/2014 Commencement

$160 $164 $172.30 $181.00 $190.05

7.4.1 Salary Sacrifice for Superannuation

Employees may elect by way of a written authority to the employer, to salary sacrifice amounts otherwise payable under this agreement to the Superannuation Fund nominated above. Provided that salaries sacrifice arrangements are subject to Australian Tax Office approval.

7.5 Income Protection

The employer will take out an agreed 24 hour Accident Insurance Policy with CIPQ for each employee covered by tllls Agreement who COnflIDlS their decision to participate in such a scheme. The cost to the employer during the life of this Agreement will not exceed $80 per month for each of its employees.

In the event that the employer's insurance provider refuses to cover a particular claim, then this claim will not be paid and the employer will not be liable for such claim.

7.6 Redundancy

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The employer wil1 make a payment of$80.00 per week into BERT redundancy fund

On 1/07/2011 110712012 1107/2013 Commencement $80.00 $84.00 $88.00 $92.00

7.7 Payment of Wages

The employees will be paid weekly by electronic funds transfer. 8. HOURS OF WORK AND OVERTIME

8.1.1 Hours of Work

1/07/2014

$96.00

The ordinary hours of work shall be an average thirty-six (36) per week averaged over a predetermined work cycle. The maximum work cycle will be 26 weeks. The daily ordinary hours shall be worked between the hours of 6.00am and 6.00pm Monday to Friday inclusive. The daily ordinary hours of work shall be 8 hours.

It will be available to alter the nominal rosters in clause 8.1.2 by agreement between the employer and affected employees.

8.1.2 Nominal Roster 1 Work Cycles The nominal roster for works will be 5 days a week to be worked Monday to Friday. It is the intention of the parties to work longer weekdays in Jieu of weekend overtime. The daily ordinary hours of work shall be 7.6 hours and overtime will commence after 7.6 hours per day.

8.1.3 Rostered Days off

The employees will accrue rostered days off at the rate of 0.4 hours per day. There will be 2 fi xed RDOs each year for the project and 2 flexible RDOs to be taken as agreed between the employer and the employee(s). All the remaining accrued RDOs may be taken during the planned shutdown periods or paid on telmination or demobilization from the project.

8.1.4 Start and Finish Times

The start and finish times will be determined by the employer within the span of hours prescribed in Clause 8.1.1 and may vary between work groups to suit tbe Project.

The starting time will be at the employer's pre start or tool box meeting.

8.2 Overtime

8.2.1 Rate

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All time worked in excess of the nominated work cycle hours or outside of the span of ordinary hours of work shall be paid as overtime at the following rates;

• Monday to Friday at the rate oftime and a halffor the ftrst two hours and double time thereafter.

• All time worked on Saturday and Sunday shall be paid at double time. • All overtime worked by night shift workers will be paid at the rate of double time.

8.2.2 Recall

An employee recalled to work overtime after leaving the site on any day Monday to Friday (whether notified before or after leaving the site) shall be paid for a minimum of four hours work at the appropriate rate for each time the employee is recalled.

Except in the case of unforeseen circumstances arising, the employees shall not be required to work the full four hours if the job the employee was recalled to perform is completed within a shorter period.

This overtime shall not be regarded as overtime for the purpose of Clause 8.2.3 when the actual time worked is less than four hours on the recall or on each of the recalls.

8.2.3 Rest Period

An employee who works overtime shall have at least a ten hour rest period between the end of ordinary hours on anyone day and start of ordinary hours on the next day.

If on the instructions of the employer, the employee resumes or continues work without having had 10 consecutive hours off duty, the employee shall be paid double time unlil he or she is released from duty for ten hour rest period. The employee shall then be entitled to be absent without loss of pay for ordinary working hours occurring during the ten hour rest period.

8.2.4 Overtime Meal Allowance

In the circumstances where an employee js required to work more than 10 hours inclusive of ordinary time and overtime, Monday to Friday, a meal will be provided or a payment of $25.00 for meals will be made. This allowance will apply in ljeu of crib payment.

8.3 Meal Breaks and Rest Pauses

There will be a meal break and a rest pause for each shift or day where a minimum of eight hours are worked are worked Monday to Friday. The meal break shall be thirty minutes duration and will be unpaid. The rest pause will be twenty minutes duration and paid.

An employee required to work overtime on a Saturday, Sunday or rostered day off shall be allowed a 20 minute paid crib break after five hours worked if the work is scheduled to

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continue after the break. Payment for the crib break shall be at the prevailing overtime rate. A second meal break of 20 minutes shall be due if working more tha n 8 hours (exclusive of the first crib break), and paid at the prevailing overtime rate . Subsequent paid meal breaks are due every 4 hours

The times of tak.ing the breaks will be as agreed between the employer and majority of employees affected.

The employees will take all meal breaks and rest pauses at the work locations and will not be transported back to another facility . Suitable facilities will be made available at work locations for the taking of meals.

8.4 Shift Work

A night shift will mean a shift that continues for at least 5 nights, where the majority of ordinary hours are worked between 6.00pm and 6.00am. Shift work requires at least 5 consecutive shifts to be worked; otherwise the overtime or short term night work provisions will apply . The requirement to work shift work will only occur after reasonable consultation with the appropriate employees. A shift work work cycle consistent with the entitlement in clause 8.1.1 wil! be developed . The provisions of clauses 8. 1.2 and 8.1.3 wi I! not apply to the shift work cycle.

A load ing of 30 % sha ll apply to ord inary hours on night shift. The weekend penalty rates wi ll apply to sh.ift work on weekends.

8.5 Short-Term Night Work

In circumstances where ordinary hours of work are worked outside of the ordinary hours to meet the requirements of a Project, for periods of less than 5 nights the rate of time and half shall app ly provided that the following conditions app ly:

• Employees are given 24 hours notice of work requirements; • There is a ten-hour break after the completion of rostered work until the

commencement of ordinary time, otherwise dOllble time shall apply until a ten hour break is taken.

• All overtime on night work wi ll be paid at double time.

8.6 Wet Weather

Duri.ng periods of wet weather that prevents work from being performed on site, the employer, where practical, will transfer employees to an alternative site not so affected, or to the employer's depot/yard to perform maintenance, service-type duties or training.

Where this is not practical, all full-time employees. shall be entitled to payment by the employer for ord inary time lost through wet weather and the effects of wet weather for up to 40 hours in each calendar month (non-cumulative). This payment is subject to the employee

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remaining on site in readiness to work. After 4 hours after the cessation of work from wet weather, the employer's si te management may release employees for the remainder of the day, if information indicates rain will continue.

If an employee is requested to stay back after other employees have been released on account of wet weather and is required to work in the rain the employee sha ll be paid single time in addition to the prevailing rate for aJl work performed. The additional payment shall not apply to employees working in dry situations, which includes working on plant with a weatherproof cabin andlor working undercover who will continue to work the normal Project hours.

The number of hours credited to any employee under this Clause shall be reduced by the number of hours for which payment is made in respect of lost time through wet weather. An employee who commences during a calendar month will be credited with pro rata amount based on the balance of the calendar month to be worked

9. Conditions of Employment

9.1 Annual Leave

9.1.1 Entitlement

A fulltime employee shall be entitled to be paid annual leave at the rate of 4 weeks of ordinary time for each year of continuous service consistent with the Fair Work ACI 2009. The period of annual leave shall be exclusive of any public holiday that occurs during the period.

A Shift worker defined as an employee whose shi fts are continuously rostered 24 how's a day for 7 days a week is entitled to be paid annual leave at the rate of 5 weeks of ordinary time for each year of continuous service consistent with the Fair Work Act 2009.

At the written agreement between the employer and employee, annual leave may be taken as a payment in lieu of leave subject to the following;

o A balance of 4 weeks leave must be maintained o The payment in lieu will be equal to the pay for that period of time as

prescribed in clause 9.1.3.

9.1.2 Rate of Pay for Annual Leave

Annual leave shall be paid at the ordinary w.eekly wage rate for ordinary hours.

9.1.3 Calculation of Annual Leave Pay

Annual leave shall be paid at the employee's ordinary weekly wage rate for ordinary hours for the period of annual leave; plus an amount equal to 17.5% of the amount. In the case of shift workers, the employee will be entitled to the ordinary rate plus shift loadings(excluding all other allowances) which the employee would have received had the employee not been on

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leave or 17.5% whichever is the greater.

9.1.4 Taking of Annual Leave

The taking of alUlUal leave will be subject to mutual agreement and at times convenient to requirements of projects.

The employer by giving reasonable notice may require employees to take annual leave for an annual shutdown.

9.1.5 Payment on Termination

An employee on tennination will be paid the accrued untaken annual leave based on the period of service.

9.2 PersonaVCarers Leave

9.2.1 Entitlement

A weekly employee shall accrue paid personal! carers leave at the rate of 10 days for each year of continuous service consistent with the Fair Work Act 2009. Personal/carers leave will be paid at the employee's ordinary rate of pay for ordinary hours for the period of leave.

Personal/carers leave shall not apply for illnesses or injury covered by worker's compensation. An employee shall not be entitled to be paid personal/carers leave for more ordinary hours than the employee would have worked on that day.

9.2.2 Payment

Personal/carers leave shall be paid at the employee's ordinary weekly wage rate for ordinary hours and the employee must meet the following requirements:

• • •

•

Have a credit entitlement to a period of leave, Notify the employer of the absence as soon as possible, Advise the employer how long the absence 011 personal/carers leave is likely to be, Provide evidence satisfactory to the employer of the illness or injury. An employee absent on sick leave for more than two consecutive days or on more than two single days in any year may be required by the employer to produce a medical certificate from a qualified medical practitioner stating the nature of the illness and the period the employee will be unable to work.

9.2.3 Deduction from PersonaVcarers Leave Credits

Personal/carers leave debits will be equivalent to the ordinary hours an employee would have worked had they not been on sick leave.

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9.2.4 Personal/carers Leave Cumulative

Personal/carers leave shall accumulate from year to year.

9.2.5 Carers Leave

An employee may use accrued personal/carers days as carers leave to tend to the care for members of the employee ' s immediate household. The leave will be subject to the employee providing reasonable proof of the need for the use of carer's leave. In circumstances where the employee has exhausted all of the paid leave, a further 2 days unpaid leave may be taken.

9.2.6 Payout of sick leave on termination.

Employees with a personal/ carers leave balance in excess of2 days at termination will have their leave paid out on telmination or paid into CIPQ.

9.3 Parental Leave

Employees will be entitled to Parental Leave in accordance with the Fair Work Act 2009.

9.4 Compassionate Leave

A full time employee may take compassionate leave when a member of the employee's immediate fa mily or household member: contracts or develops a personal injury or illness that poses a serious threat to their life; or dies. Compassionate leave shall be a maximum of 2 paid days per occasion.

The following are members of an employee's immediate family: a. a spouse, child, parent, grandparent, grandchild or sibling of the employee; or b. a child, parent, grandparent, grandchild or sibling of a spouse of the employee.

9.5 Long Service Leave

All Employees shall be entitled to long service leave in accordance with the relevant State Legislation. The Employer will ensure that any registration necessary for the purpose of Portable Long Service Leave Schemes will be undertaken. It is available at the employee's election to cash out Long Service Leave.

9.6 Public Holidays

All full time employees shall be entitled to the following public Holidays without loss of pay;

• Christmas Day, • Boxing Day, • New Years Day,

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• Australia Day, • Good Friday, • Easter Saturday, • Easter Monday, • Anzac Day, • Labour Day, • Queens Birthday, • A public holiday prescribed by legislation for the district andlor state that the

employee is working in (e.g. Show Day).

Any employee required to work on a public holiday nominated herein shall be paid at the rate of double time and a half for aU time so worked where "double time and a-haH" means One and a-half day's wages in addition to the employee's ordinary time rate of payor pro rata jf there is more or less than a day.

It will be available for the employer and a majority of the affected employees to substitute the nominated public holiday for another day and the prescriptions of this clause will apply to the substi tuted day.

There will be no work programmed for Anzac Day, Australia Day and Labour Day.

10. The Role of Union Delegates and Employee Representatives

The Employer recognises the role ofUmon delegates to represent Union members in employment matters.

The Employer will therefore grant Union delegates reasonable paid time ofT work to: • Consult and speak with Union members about matters relating to their employment

such as a grievance or dispute. • Consult and confer with Officials of the Union • Consult with the employer including pal1icipating in any consultation process set out

under this Agreement • Represent the interests of Union members to the employer and before • industrial tribunals • Participate in the operation of the Union • Address new employees about the benefits of Union membership at an induction

meeting • Participate in any bargaining for an agreement to replace this agreement.

Union members will be entitled to meet with their delegates on a reasonable 'basis during work time.

If there are employee representati ves at the workplace who are elected by employees, those representatives will have the same rights as Union delegates under this clause and employees will have the same right to meet such employee representative on an as needs basis. Nothing in this sub-clause prevents a Union delegate also being elected as an employee representative.

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11. Training for Delegates and Emp.loyee Representatives

Each Union delegate or employee representative, with approval of the Union and upon application in writing, shall be granted up to 5 days leave with pay each calendar year, non cumulative, to attend courses conducted by the Union or a training provider nominated by the Union, that are designed to provide skills and competencies that will assist the delegate or employee representative perform their functions.

The application to the employer must be in writing, include the nature, content and duration of the course to be attended, and normally be provided with 14 days notice of the proposed training.

The granting of leave pursuant to this clause shall be subject to the employer being able to make adequate staffing arrangements amongst current employees during the period of such leave. The employer shall not use this subclause to avoid an obligation under this clause.

Leave of absence granted pursuant to this clause, shall count as service for all purposes of tllis Agreement.

Each employee on leave approved in accordance with this clause, shall be paid all ordinary time earnings. For the purpose of this subclause "ordinru.y time earnings" for an employee means the classification rate, over-award payment, superannuation and shift loading, which otherwise would have been payable.

All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided in this clause shall be the responsibility of the employee or the Union.

An employee may be required to satisfy the employer of attendance at the course to qualify for payment of leave.

An employee granted leave pursuant to this clause shall, upon request, inform the employer of the nature of the course attended and their observations on it.

12. Employment Security, Staffing Levels, Mode of Recruitment and Replacement Labour

The employer recognises that in certain circumstances the use of contractors and labour hire may affect the job security of employees covered by this agreement. The provisions of tllis clause will apply to the activities of Building Trades, Piling works, Earthmoving Plant and Cranes.

(a) Use of contractors

I. If the company wishes to engage independent contractors to perform work that might be performed by current or future employees under this agreement, the company must first consult in good faith with potentially affected employees and their union.

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n. If, after consultation, the company decides to engage bona fide contractors, these contractors and their employees must be afforded the sanle ternlS and conditions of engagement (or terms DO less favourable) as they would receive if they were engaged as employees under this agreement perfornling the same work. The use of sham sub­contracting arrangements would constitute a breach of this agreement.

(b) Supplementary Labour Hire

Where there is a need for supplementary labo ur to meet temporary/peak work requirements, such labour may be accessed from bona fide labour hire companies following consultation with the workplace union delegate. If labour hire is to be used the company shall ensure that any workers engaged through a supplementaryllabour hire arrangement and who are under the direction and control of the company perfonning work that. had it been done by direct employees of the Company would have been covered by this Agreement, shall receive wages, allowances and conditions not less than those contained in this Agreement.

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SIGNATURE PROVISIONS

Name of Witness (print) Q" ~r;" L( yc~ 1

Address: ~G -;: Jv'l'-'-~v"J"..Q.. \2..A. W.e.J £~c\

Date: -72 ~ .. ;\ ~.e<- , ._._ l,..·v -Z.o l (.)

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'0 , Forestry, Mining and Energy Union - Construction Division

Name of Witness (print): Po=U;... t?1- M &sT"el-5

Address: 10, c?~ bJ/ -!1, S~ ~ (..}.., 1/;; ,y-006

Date ,;2 3 If &.. /, f:) I 7

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SCHEDULE 1

Flexibility Term

(l) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:

(a) the agreement deals with I or more of the following matters:

I. Parental leave. (For example, the Company and the employee may agree that the maximwn period of unpaid parental leave be increased); and

11. Annual leave. (For example, the employer and employee may agree to taking of leave for special needs on a single day basis ).

(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and

(c) the arrangement is genuinely agreed to by the employer and employee.

(2) The employer must ensure that the terms of the individual flexibility arrangement:

(a) are about permitted matters under section 172 of the Fair Work Act 2009 ; and

(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and

(c) result in the employee being better off overall than the employee would be if no arrangement was made.

(3) The employer must ensure that the individual flexibility anangement:

(a) is in writing; and

(b) includes the name of the employer and employee; and

(c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and

(d) includes detai.ls of:

(i) the tenos of the enterprise agreement that will be varied by the arrangement; and

(ii) how the arrangement will vary the effect of the terms; and

(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a resu lt of the arrangement; and

(e) states the day on which the arrangement commences.

(4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

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(5) The employer or employee may terminate the individual flexibility arrangement:

(a) by giving no more than 28 days written notice to the other party to the arrangement; or

(b) if the employer and employee agree in writing -- at any time.

In accordance with 5344 FWA 2009, an employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to agree to, or tenninate, an individual flexibility alTangement

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