[2016] FWCA 7993
DECISION
Fair Work Act 2009
s.185—Enterprise agreement
Lendlease Building Pty Ltd T/A Lendlease Building
(AG2016/6763)
LENDLEASE BUILDING / CFMEU (NEW SOUTH WALES,
AUSTRALIAN CAPITAL TERRITORY, VICTORIA AND TASMANIA)
AGREEMENT 2016
Building, metal and civil construction industries
COMMISSIONER GREGORY
MELBOURNE, 7 NOVEMBER 2016
Application for approval of the Lendlease Building / CFMEU (New South Wales, Australian
Capital Territory, Victoria and Tasmania) Agreement 2016.
[1]
An application has been made for approval of an enterprise agreement known as the
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and
Tasmania) Agreement 2016 (the Agreement). The application was made pursuant to s.185 of
the Fair Work Act 2009 (the Act). It has been made by Lendlease Building Pty Ltd T/As
Lendlease Building. The Agreement is a single enterprise agreement.
[2]
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to
this application for approval have been met.
[3]
The Construction, Forestry, Mining and Energy Union being a bargaining
representative for the Agreement, has given notice under s.183 of the Act that it wants the
Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the
organisation.
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[2016] FWCA 7993
[4]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from
14 November 2016. The nominal expiry date of the Agreement is 1 July 2019.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code O, AE422048 PR587258>
2
Lendlease Building / CFMEU
(New South Wales, Australian Capital
Territory,
Victoria and Tasmania)
Agreement 2016
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Table of Contents
1.
Definitions ................................................................................................................................... 5
2.
Title ............................................................................................................................................... 6
3.
Joint Commitment ...................................................................................................................... 6
4.
Objectives .................................................................................................................................... 7
5.
Application .................................................................................................................................. 7
6.
Severability .................................................................................................................................. 8
7.
Period of Operation .................................................................................................................... 8
8.
Effective Work Organisation ...................................................................................................... 9
9.
Job Security .............................................................................................................................. 10
10.
Employment Security, Staffing Levels, Mode of Recruitment and Replacement Labour . 10
11.
Contract of Employment .......................................................................................................... 13
12.
Rehabilitation of Injured Workers ........................................................................................... 14
13.
Consultation and Participation ................................................................................................ 14
14.
Women in the Industry ............................................................................................................. 17
15.
Lendlease Benefits and other Benefits .................................................................................. 17
16.
Employee Payments ................................................................................................................. 21
17.
Allowances ................................................................................................................................ 21
18.
Redundancy Schemes.............................................................................................................. 22
19.
Wages Payment Details ........................................................................................................... 23
20.
Electronic Funds Transfer ....................................................................................................... 24
21.
Individual Flexibility Clause ..................................................................................................... 25
22.
Hours of Work and Rostered Days Off ................................................................................... 26
23.
Breaks ........................................................................................................................................ 26
24.
Leave .......................................................................................................................................... 27
25.
Environment Health & Safety (EH&S) ..................................................................................... 30
26.
Skills Development ................................................................................................................... 32
27.
Training and Related Matters .................................................................................................. 32
28.
Suicide Prevention Awareness ............................................................................................... 33
29.
Employee Representation ........................................................................................................ 33
30.
Inclement Weather .................................................................................................................... 37
31.
Grievance and Dispute Resolution ......................................................................................... 38
32.
Performance Management ....................................................................................................... 39
33.
Redundancy Procedures ......................................................................................................... 41
34.
Termination ............................................................................................................................... 41
35.
Site Access Systems ................................................................................................................ 43
36.
Site Record Keeping ................................................................................................................. 43
37.
Posting of Agreement and notices ......................................................................................... 43
38.
Execution of Agreement .......................................................................................................... 44
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Appendix 1 : Living Away From Home Allowance .......................................................................... 45
Appendix 2 : Skill Development Line ................................................................................................ 48
Appendix 3 : Skills Development Program....................................................................................... 53
Appendix 4 : Australian Capital Territory ......................................................................................... 59
1. Application ................................................................................................................................ 59
2. Wages ........................................................................................................................................ 59
3. Allowances ................................................................................................................................ 61
4. Site Allowance Procedure ........................................................................................................ 62
5. Long Service Leave .................................................................................................................. 63
6. Superannuation ......................................................................................................................... 63
7. Redundancy & Industry Welfare ............................................................................................. 63
8. Income Protection ..................................................................................................................... 64
9. Hours of Work, Rostered Days Off (RDOs) & Public Holidays ............................................ 64
10. Inclement Weather .................................................................................................................... 66
11. Paid Parking .............................................................................................................................. 66
12. Crane Crews .............................................................................................................................. 67
13. Clothing ..................................................................................................................................... 67
Appendix 5 : New South Wales ......................................................................................................... 68
1. Application ................................................................................................................................ 68
2. Wages ........................................................................................................................................ 68
3. Allowances ................................................................................................................................ 70
4. Site Allowance Procedure ........................................................................................................ 71
5. Long Service Leave .................................................................................................................. 72
6. Superannuation ......................................................................................................................... 72
7. Redundancy & Industry Welfare ............................................................................................. 72
8. Workers Compensation and Income Protection ................................................................... 73
9. Hours of Work, Rostered Days Off (RDOs) & Shut Down Weekends .................................. 73
10. Heat Policy ................................................................................................................................. 74
11. Crane Crews .............................................................................................................................. 77
12. Clothing ..................................................................................................................................... 77
13. Audits for Compliance with this Agreement .......................................................................... 78
Appendix 6 : Tasmania ....................................................................................................................... 81
1. Application ................................................................................................................................ 81
Appendix 7 : Victoria .......................................................................................................................... 82
1. Application ................................................................................................................................ 82
2. Wages ........................................................................................................................................ 82
3. Allowances ................................................................................................................................ 84
4. Site Allowance Procedure ........................................................................................................ 86
5. Geographic Area and Sector Specific Allowances ............................................................... 90
6. Amounts payable in addition to site allowance ..................................................................... 91
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
7. Long Service Leave .................................................................................................................. 91
8. Superannuation ......................................................................................................................... 92
9. Redundancy .............................................................................................................................. 92
10. Income Protection, Trauma and Journey Insurance ............................................................. 93
11. Hours of Work, Protection of Leisure Time & Rostered Days Off (RDOs) .......................... 93
12. Inclement Weather .................................................................................................................... 99
13. Rectification of Safety Hazard ............................................................................................... 103
14. Crane Erection and Jumping ................................................................................................. 104
15. Amenities ................................................................................................................................. 104
16. Passenger and Materials Lifts ............................................................................................... 106
17. Training and Related Matters ................................................................................................ 110
18. Occupational Health and Safety ............................................................................................ 111
19. Portability of Sick Leave ........................................................................................................ 113
20. Clothing ................................................................................................................................... 113
21. Workplace modernisation ...................................................................................................... 113
22. Work on RDO Notification Form............................................................................................ 115
Appendix 8: Regional RDO Calendar .............................................................................................. 116
1. ACT RDO Calendar ................................................................................................................. 116
2. NSW RDO Calendar ................................................................................................................ 117
3. VIC RDO Calendar................................................................................................................... 121
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
1.
Definitions
In this Agreement:
Agreement
means the Lendlease Building / CFMEU (New South Wales, Australian
Capital Territory, Victoria and Tasmania) Agreement 2016.
Award
means the Building and Construction General On-site Award 2010 (as
amended from time to time).
Company
means Lendlease Building Pty Ltd and Lendlease Building Contractors Pty
Ltd as the context requires. In this Agreement, a reference to the Company
includes the plural and the plural includes the singular as the context requires.
Continuous
service
means ‘Continuous Service’ as defined in the Award.
Consultative
Committee
means a Regional Consultative Committee or the National Consultative
Committee as the context requires.
Employee Benefit
Rate (EBR)
The EBR is comprised of the following amounts:
(a) Weekly Rate of Base Pay;
(b) Weekly Productivity Benefits; and
(c) Weekly Tool Allowance.
EH&S
Environment, Health & Safety.
Employee
Representative
means a duly elected, or appointed, representative by Employees for the
purpose of representing those Employees.
Fair Work Act
means the Fair Work Act 2009 (Cth).
FWC
means the Fair Work Commission.
General
Construction
Work
Health and Safety
Representative
means miscellaneous activities that do not normally form part of a trade
package and may include:
1. Emergency safety works (e.g. fixing handrails or making safe an area);
2. Sundry/miscellaneous site establishment activities;
3. Sundry/miscellaneous activities to assist maintaining program;
4. General trade work carried out on an incidental basis including:
a) Site access maintenance (e.g. temporary handrails, clean up); and
b) Defect rectification.
means a member of a designated work group elected to represent that
designated work group on matters relating to occupational health and safety.
Lendlease Group
means Lendlease Corporation Limited, and its related bodies corporate.
NES
means the National Employment Standards prescribed by the Fair Work Act
2009 (Cth).
OH&S
means Occupational Health and Safety.
Ordinary hours
means 36 hours per week.
Ordinary
Earnings
means ‘ordinary time earnings’ as prescribed under the Superannuation
Guarantee (Administration) Act 1992, as amended.
Time
Without limiting the fullness of this definition, in summary and in the context of
this Agreement, this includes the actual ordinary rate of pay the Employee
receives for ordinary hours of work including the Employee Benefit Rate, shift
loading, first-aid allowance, multistorey allowance, site allowance,
responsibility allowance (if applicable), and the fares and travel allowance
paid for days when Ordinary hours are worked.
It excludes any wages and allowances earned in the performance of overtime.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Parties
means the Company, the Employees and/or the Union as the context
requires.
Region
means:
the Australian Capital Territory; or
New South Wales; or
Tasmania; or
Victoria
as the context requires.
Superannuation
Guarantee
means the minimum compulsory superannuation contributions made by the
Company on behalf of its Employees.
Union
means the Construction, Forestry, Mining and Energy Union.
Union Delegate
means an Employee elected by Union members and endorsed by the Union
to represent the interests of Union members employed by the Company as
required.
VBIDP / Disputes
Panel
means Victorian Building Industry Disputes Panel.
2.
Title
This Agreement is known as the Lendlease Building / CFMEU (New South Wales, Australian Capital
Territory, Victoria and Tasmania) Agreement 2016 (the Agreement).
3.
Joint Commitment
3.1
The intention of this Agreement is to provide a framework for which a relationship based on
collaboration and consultation can be fostered.
3.2
Cooperative and productive workplace relations
It is the intention of the Parties to ensure this Joint Commitment and the Objectives (see
clause 4) are met, through the implementation of this Agreement, in order to achieve fair,
cooperative and productive workplace relations. This can be achieved through mechanisms
that promote effective workplace consultation and participation, recognising each Employee
has the right to determine whether they wish to be represented by an Employee
Representative, Union Delegate, another representative of their choosing, or not at all.
Employees are entitled to the protections of Division 4 of Part 3-1 of the Fair Work Act.
3.3
The signing of this Agreement is a joint commitment by the Company, Employees and the
Union to the following five principal aims:
(a)
increased job satisfaction, security of employment and quality of life for Employees;
(b)
increased competitiveness of the Company through continual improvement in
efficiency, productivity, safety and quality of production;
(c)
development of a communication process that promotes shared vision and shared
decision making through consultation and participation;
(d)
development of adaptable, committed and highly skilled Employees, valued for skills
recognised by both the industry and the Company; and
(e)
properly reward Employees to ensure they share in the improved productivity of the
Company.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
4.
Objectives
4.1
The Parties agree to continue to develop and implement the following objectives:
Work Organisation
(a)
Implementation of forms of work organisation that encourages the use and acquisition
of skills and continual learning;
(b)
Continued development of more effective management practices;
(c)
Continued development of communication processes that facilitate participation by all
levels of the Company;
(d)
Introduction of new technology (that may include new and innovative ways of working)
and associated change to enhance the competitive position of the Company; and
(e)
Improved quality of work on Company sites.
Employee Development / Skills
(f)
Provision of a career structure for all Employees based on skills and competencies;
and
(g)
Continued development, improvement and implementation of the classification
structure based on skills acquired.
Environment, Health & Safety
(h)
Achieving leadership in sustainable EH&S practice, and a commitment to operate
incident and injury free on all Company projects;
(i)
Implementation and promotion of sound environmental practices on all Company
projects; and
(j)
Understanding and promoting waste minimisation on projects with all site personnel
achieving the Company waste targets.
Generally
(k)
Implementation of this Agreement, the Award, and compliance with statutory
provisions;
(l)
Elimination of unproductive time; and
(m)
Improved job security through the introduction of measures designed to develop a
sustainable level of direct Company involvement.
5.
Application
5.1
Subject to the exclusions in clauses 5.3 and 5.4 below, this Agreement covers:
(a)
Lendlease Building Pty Limited (LLB) and Lendlease Building Contractors Pty Limited
(LLBC) (the Company), in respect of its building, civil and mechanical engineering
projects in the Australian Capital Territory, New South Wales, Tasmania and Victoria;
and
(b)
Employees of the Company on LLB or LLBC projects referred to in clause 5.1(a)
above, who are employed as construction workers on these projects (Employees).
5.2
The terms and conditions of this Agreement that are applicable to Tasmania are prescribed in
Appendix 6.
5.3
Cottage/housing projects are excluded from the operation of this Agreement. For the
purposes of this Agreement, cottage/housing projects means the construction of single
occupancy dwellings and/or multiple occupancy residential units of no more than two living
levels in height where the project does not exceed more than $3 million.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
5.4
This Agreement does not cover:
(a)
LLBC or its employees who are engaged on LLBC’s current civil and mechanical
engineering project (Pacific Highway Upgrade -Tintenbar to Ewingsdale (T2E)) that is
in delivery as at the date of commencement of this Agreement; or
(b)
Lendlease Engineering Pty Limited or its employees.
5.5
The terms and conditions of the Award are incorporated into and form part of this Agreement
(‘Incorporated Terms’) as if the same were set out in full. The express terms of this Agreement
are supplementary to, and should be read and interpreted wholly in conjunction with, the
Incorporated Terms provided that, where there is any inconsistency between this Agreement
and the Award, this Agreement will prevail to the extent of the inconsistency.
5.6
Where this Agreement is silent the terms of the Award, as amended from time to time during
its life, apply.
5.7
Where there is conflict between:
(a)
a term of this Agreement and a term of the Award, or
(b)
a conflict between two terms of this Agreement,
then, the higher wage outcome or other outcome more favourable to the Employee will apply.
Nothing is intended to confer a double benefit to an Employee in respect of a particular subject
matter or entitlement.
For the sake of clarity, nothing in this clause is intended to confer an Award entitlement that
has been expressly excluded under the terms of this Agreement.
5.8
This Agreement will also cover the Union.
6.
Severability
6.1
It is the intention of the Parties to this Agreement that the Agreement contains only permitted
matters under the Fair Work Act.
6.2
The severance of any term of this Agreement that is, in whole or in part, of no effect by virtue
of the operation of section 253 of the Fair Work Act shall not be taken to affect the binding
force and effect of the remainder of the Agreement.
6.3
To the extent it is possible, all terms should be interpreted in a manner that would make them
permitted matters.
7.
Period of Operation
7.1
Nominal expiry date
This Agreement will come into effect 7 days after the date of approval by the FWC and will
continue in force until the 1 July 2019 (the Nominal Expiry Date) unless terminated
beforehand in accordance with the Fair Work Act.
The Agreement continues to apply beyond the Nominal Expiry Date until it is replaced or
terminated in accordance with the Fair Work Act.
7.2
Monetary payments are to be paid from the dates specified in the relevant tables in this
Agreement.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
7.3
Compliance for government funded building work
(a)
It is recognised by the Parties that whilst this Agreement is in operation,
Commonwealth, State or Territory Governments may impose particular requirements
on the content of enterprise agreements in order for the Company to be eligible for
future government funded building work. It is essential that the Agreement is
compliant with any such requirements in order for the Company to remain eligible to
tender for future government funded building work. If any new requirements are
promulgated during the life of this Agreement, which impact on the content of this
Agreement, this clause will be applied.
(b)
In this event, the Parties agree to apply to the FWC to terminate this Agreement in
accordance with the Fair Work Act (within 7 days of any such requirement being
promulgated) and the Company and Employees will commit to negotiating a
replacement Agreement which is compliant with any such requirements.
(c)
The Company will seek to ensure that no Employees are financially disadvantaged as
a result of the termination of the Agreement.
8.
Effective Work Organisation
8.1
Effective Work Organisation refers to methods of organising work so that Employee and
Company objectives can be achieved efficiently, sustainably and safely, producing results
which are acceptable to all concerned.
8.2
Effective Work Organisation has several inter-related elements:
8.3
(a)
organisation of people to perform work;
(b)
skill development, including communication; and
(c)
career planning or goal setting.
Subject to clause 8.6 below, the Company will directly utilise Employees on its projects in the
most productive manner possible, in the following key attendant roles:
(a)
First aid attendants;
(b)
Amenities attendants;
(c)
Hoist drivers (including builders’ lift drivers);
(d)
Crane crews (except where supplied by a specialist company or subcontractor)
subject to existing custom and practice in the relevant Region;
(e)
Gate persons; and
(f)
Certain traffic attendant roles (except where supplied by a specialist subcontractor or
where there is a legal requirement).
8.4
The Company is committed to the continued utilisation of Employees to undertake General
Construction Work where the works do not form part of a trade package and where Employees
can be used in a productive manner.
8.5
The Company, where practicable and in the most productive manner possible, may utilise
Employees to supplement labour shortages of subcontractors.
8.6
The Parties to this Agreement acknowledge it may not be possible to directly engage
Employees in the roles referred to in clauses 8.3 and 8.4 in the following circumstances:
(a)
due to client tender/contract conditions (e.g. some Commonwealth Department of
Defence projects, or existing projects where there are contractual requirements); or
(b)
on minor projects up to the Company’s contract value of $10 million per site. For the
purposes of this clause, the Company’s contract value is calculated at the time of
contract award to the Company.
In these instances, the application of clauses 8.3 and 8.4 will be discussed with the relevant
Regional Consultative Committee as soon as practicable.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
8.7
The Company will not engage subcontractors or labour hire to carry out work performed by
the Employees except as provided for in this clause 8 and clause 10 (Employment Security,
Staffing Levels, Mode of Recruitment and Replacement Labour).
9.
Job Security
9.1
The Parties to this Agreement will encourage the continuity of employment for permanent
Employees with the aim of ensuring that permanent employment opportunities are not
eliminated or eroded insofar as it is reasonably practicable to do so.
10.
Employment Security, Staffing Levels, Mode of Recruitment and
Replacement Labour
10.1
The Company is committed to maintaining a stable and skilled workforce, recognising its
contribution to the operation of the Company. The Company will take measures to achieve
employment security for its Employees.
10.2
The Company recognises that in certain circumstances the use of contractors and labour hire
could affect the job security of Employees covered by this Agreement.
10.3
Use of Contractors
10.4
10.5
(a)
If the Company wishes to engage contractors and their employees to perform work
that may be performed by Employees covered by this Agreement, the Company must
consult in good faith with potentially affected Employees prior to the engagement of
contractors for the construction works.
(b)
If after consultation, the Company engages contractors to perform work that may be
performed by Employees covered by this Agreement, it will require that those
contractors’ employees are engaged on lawful terms and conditions of employment.
Use of Supplementary Labour Hire
(a)
Where there is a need for supplementary labour to meet temporary/peak work
requirements, such labour may be accessed from bona fide businesses, including
contractors and labour hire companies, following consultation with potentially affected
Employees.
(b)
The Company will require those businesses to ensure that any workers engaged by
such businesses performing work that is currently being, or in the future being, carried
out by Employees, are provided with all their lawful entitlements due in relation to their
performance of work.
(c)
Whilst the Company may engage labour hire for a variety of reasons, the Company
acknowledges that it is not its intention to use supplementary labour to undermine the
employment security and terms and conditions of Employees under this Agreement.
(d)
If the Company considers supplementary labour will be required for more than six
weeks, consultation regarding the ongoing use of supplementary labour will occur with
affected Employees.
(e)
‘Supplementary labour’ is temporary ‘top up’ labour designed to meet short term
situations such as absences due to personal leave, annual leave, and short term work
peaks.
Sham Contracting
(a)
The Parties acknowledge that sham contracting has the potential to undermine fair
employment practices, erode Employee entitlements and affect the job security of
Employees covered by this Agreement. A sham contracting arrangement includes
where the Company attempts to disguise an employment relationship as an
independent contracting arrangement. This is usually done for the purposes of
avoiding responsibility for Employee entitlements.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(b)
In this clause, ’sham contracting’ is where:
(i)
the Company employs, or proposes to employ, an individual, representing to
the individual that the contract of employment under which the individual is,
or would be, employed by the Company is a contract for services under which
the individual performs, or would perform, work as an independent contractor;
(ii)
the Company dismisses, or threatens to dismiss, an individual who is an
Employee of the Company and performs particular work for the Company, in
order to engage the individual as an independent contractor to perform the
same, or substantially the same, work under a contract for services; or
(iii)
the Company employs, or has at any time employed, an individual to perform
particular work and makes a statement that the Company knows is false in
order to persuade or influence the individual to enter into a contract for
services under which the individual will perform, as an independent
contractor, the same, or substantially the same, work for the Company.
(c)
Clause 10.5(b)(i) does not apply if the Company proves that, when the representation
was made, the Company did not know and was not reckless as to whether the contract
was a contract of employment rather than a contract for services.
(d)
Any use of sham contracting, as defined in clause 10.5(b) above, by the Company is
a breach of this Agreement.
(e)
Where a sham contracting arrangement has been reasonably alleged under this
clause and is unable to be resolved at the workplace level, any Party may refer the
allegation directly to the FWC (or, in the case of Victoria, the Disputes Panel (VBIDP)
in the first instance) for conciliation and/or resolution as per clause 31 (Grievance and
Dispute Resolution) of this Agreement. All Parties will cooperate with the requests of
the FWC (or Disputes Panel (VBIDP) as applicable) including requests to provide
substantiating information or to undertake an independent audit of their arrangements.
For the avoidance of doubt, an affected Employee may appoint a representative in
relation to such matters.
(f)
Where an allegation is made that a person who has been engaged as a contractor,
on a Company project, is in fact an Employee under this Agreement, the Company
will make itself available to assist in the dispute resolution procedure under this
clause.
(g)
Where the FWC/Disputes Panel (VBIDP) deems it necessary due to the seriousness
of the allegations and/or their findings, they may refer the matter to the appropriate
government authority.
(h)
Where it is agreed or determined by the FWC (or Disputes Panel (VBIDP) as
applicable) that a sham contract was in place and the person was in fact an Employee
under this Agreement, in settlement of this breach the affected Employee will be paid
the difference between the following amounts:
(i)
Their applicable hourly rate of pay, plus site allowance (if applicable), plus
multistorey allowance (if applicable), as these are prescribed in the
Agreement, plus a 75% loading; less
(ii)
The amount they were actually paid in respect of their engagement.
In addition, Employees will be paid the applicable superannuation and redundancy
contributions.
(i)
The affected Employee will be re-inducted and fully informed of their entitlements
under this Agreement and the Fair Work Act.
(j)
The Company must ensure that an individual engaged directly by the Company as an
Employee, or as an independent contractor, is lawfully entitled to be so engaged under
Australian law.
(k)
The Parties agree that the practice of paying ‘all in’ rates to Employees, including the
practice of paying such ‘all in’ rates to a corporation nominated by the Employee, to
receive such remuneration on his or her behalf, constitutes a breach of this
Agreement.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(l)
10.6
For the purposes of this clause ‘all-in’ rates means any system of payment that is
hourly, weekly, daily, or piece-work which is either in lieu of payment for overtime, or
in lieu of one or more of the various Award/Agreement conditions such as annual
leave, public holiday payments, inclement weather etc. Provided that ’all-in’ rates do
not include casual engagement on terms prescribed by the Award or Agreement.
Temporary Foreign Labour
(a)
Definition
‘Temporary foreign labour’ means all Employees who do not have Australian
citizenship, permanent residency, and/or unrestricted work rights. The term includes
all Employees in Australia on temporary visas of all kinds (e.g. including subclass 457,
subclass 417 (Working Holiday visa) and all other temporary visas).
(b)
Principles
The Company endorses the following principles:
(c)
(i)
Temporary foreign labour is intended to supplement the Australian workforce,
and will only be recruited and employed by the Company where there are
insufficient workers with Australian citizenship, permanent residency, and/or
unrestricted work rights available to do the work, including through training.
(ii)
Employees who are Australian permanent residents will have preference in
recruitment, employment and training opportunities relative to temporary
foreign labour, to the maximum extent permitted by law.
(iii)
Where the Company is considering employing temporary foreign labour, the
Company will consult with affected Employees.
Visa Compliance
(i)
The Company will ensure all Employees are lawfully entitled to work in
Australia performing work under the Agreement. Before employing temporary
foreign labour as Employees, the Parties will confer to ensure that all Parties
are satisfied that all laws in relation to sponsorship, engagement and
employment of a prospective Employee who is not an Australian citizen will
be complied with.
(ii)
Should the Parties find themselves in disputation under this clause as to
whether an Employee is entitled to work in Australia and/or is being paid the
appropriate rates, and the dispute is not able to be resolved at the workplace
level, the matter will be dealt with in accordance with clause 31 (Grievance
and Dispute Resolution) of this Agreement.
(iii)
The Company will maintain Human Resource systems (including utilising the
Visa Entitlement Verification Online (VEVO) system on an ongoing basis) to
ensure that temporary foreign Employees are at all times employed in
accordance with the conditions of their visas.
(iv)
Employees engaged after the commencement of this Agreement will be
required to complete an Authority obtained from the Department of
Immigration and Border Protection (DIBP) with details of immigration status,
or other satisfactory documentation. No Employee will be allowed to
undertake any work for the Company unless it is verified that he/she has the
right to work in Australia.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
11.
Contract of Employment
11.1
At the point of engagement of each Employee, the Company must inform the person in writing
of the name of their employer and the job they are to perform, their classification level, and
their relevant rate of pay.
11.2
Each new Employee shall, upon commencement of their employment, also be provided with
access to a copy of this Agreement.
11.3
The Company may direct an Employee to carry out such duties as are reasonably required
within the scope of the Employee's skill, competence and training, consistent with the
Employee's classification, provided that such duties do not promote de-skilling.
11.4
Probationary period
(a)
(b)
A probationary period of the first four weeks of employment will apply to all new
Employees. During this period:
(i)
if the new Employee has not already had one, they will be required to have a
medical examination by a doctor nominated by the Company; and
(ii)
the Employee’s performance will be assessed.
During the probationary period:
(i)
if, as a result of the medical examination, the Company forms the opinion that
the Employee is not fit to perform the inherent requirements of the position, or
cannot perform the inherent requirements of the position without
unreasonable risk to the health and safety of the Employees or others; or
(ii)
the Employee’s performance does not meet the Company’s required
standard,
then the Company may terminate the Employee’s employment by one week’s written
notice or payment in lieu thereof.
Similarly, the Employee is required to provide one weeks’ notice of termination should
the Employee choose to resign within this time.
The results of any medical test under this clause will be made available to the
Employee on request.
11.5
Casual Employment
(a)
When a person is engaged for casual employment the Employee will be informed in
writing that the Employee is to be employed as a casual, the job to be performed, the
classification level, the actual or likely length of engagement including number of
hours to be worked per week, and the relevant rate of pay.
(b)
A casual Employee shall be entitled to all the applicable rates and conditions of
employment prescribed in this Agreement except Annual Leave, paid Personal Leave,
paid Parental Leave, Jury Service, paid Compassionate Leave, Family Violence
Leave and public holidays, ESAP Benefit, Sickness and Accident Benefit
(clause 15.4) and Retirement Benefit Fund.
(c)
For the purposes of clarity, the applicable contributions to superannuation,
redundancy, income protection and training or other funds nominated herein, must be
made by the Company in respect of casual Employees.
(d)
On each occasion a casual Employee is required to attend work, the Employee shall
be entitled to payment for a minimum of eight hours work plus the relevant fares and
travel allowance.
(e)
A casual Employee, for working ordinary hours, shall be paid 125 percent of the hourly
rate prescribed in the relevant Regional Appendix for the Employee’s classification.
(f)
A casual Employee shall also be entitled to receive penalty payments for shift work,
overtime, work performed on weekends and work performed on public holidays.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(g)
(h)
11.6
11.7
(i)
where the relevant penalty rate is time and a half, the Employee shall be paid
175% of the hourly rate;
(ii)
where the relevant penalty rate is double time, the Employee shall be paid
225% of the hourly rate; and
(iii)
where the relevant penalty rate is for work on a public holiday, the Employee
shall be paid 275% of the hourly rate.
Termination of all casual employment shall require one hours’ notice on either side or
the payment or forfeiture of one hours’ pay, as the case may be.
Casual Conversion
(a)
A casual Employee may be employed by the Company on a regular and systematic
basis for any period not exceeding six weeks. If the employment is to continue on a
regular and systematic basis beyond six weeks, the Employee must then be employed
as a permanent Employee pursuant to this Agreement.
(b)
Clause 11.6(a) above shall not apply to a casual Employee who has been engaged
by the Company to perform work on an occasional basis and whose work pattern is
not regular and systematic.
Apprentices
(a)
12.
A casual Employee required to work overtime, weekend work or on a public holiday
shall be entitled to the relevant penalty rates prescribed in this Agreement, provided
that:
Apprentices, will be engaged through a group training arrangement. The Company's
current providers are:
(i)
Australian Capital Territory: Macarthur Group Training Limited;
(ii)
New South Wales: Macarthur Group Training Limited; and
(iii)
Victoria: CVGT Australia Limited and MEGT (Australia) LTD.
Rehabilitation of Injured Workers
The Parties to this Agreement shall ensure that any Employee who sustains a work related
injury, illness or disease, will be afforded every assistance in accessing a rehabilitation
program aimed at returning that Employee to meaningful employment within the industry. The
Company shall advise the relevant Regional Consultative Committee of such Employees and
their return to work plans, subject to compliance with the Privacy Act 1988 (Cth).
13.
Consultation and Participation
13.1
Workforce Engagement: Tool Box Meetings
(a)
A workforce engagement tool box meeting will be organised by the Company for
Employees only, to be held per site each month to facilitate and foster cooperative
and productive workplace relations through effective communication and consultation.
(b)
Items to be discussed at each meeting may include: programming of site work; site
matters; EH&S and wellbeing; job design; productivity; Company policies and
procedures; Agreement compliance including wages and conditions; compliance with
statutory obligations and any other relevant workplace matters raised; and
(c)
Notice of the meeting will be given to the Parties at least one week prior to the
scheduled date.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
13.2
13.3
National Consultative Committee
(a)
The Parties agree to consult closely on key issues and developments essential to the
implementation of this Agreement and the realisation of its objectives. A National
Consultative Committee shall be maintained to monitor and review the operation of
this Agreement.
(b)
This National Consultative Committee shall consist of appropriate management
representatives as well as national and state Union Officials and a Union
Delegate/Employee Representative from each Regional Consultative Committee.
(c)
This Committee shall meet once per year or as required. Provided that any Party may
request a meeting of the National Consultative Committee.
Regional Consultative Committees
(a)
The Parties agree to maintain Regional Consultative Committees to ensure
appropriate consultation regarding matters unique to the operations and practices of
the Parties in each Region.
(b)
The Regional Consultative Committees will monitor the implementation of this
Agreement within their particular Region and will cooperate in resolving any matters
that might arise in giving effect to any part of this Agreement.
(c)
The Regional Consultative Committees will address any disputes or general
difficulties that may arise in the implementation of the terms and conditions of this
Agreement in their particular Region, particularly where there has been a substantive
change to custom and practice.
(d)
The Regional Consultative Committees will each comprise up to three management
representatives, and at least two Union Delegates/Employee Representatives elected
by the Employees, from the relevant Region and up to two Union Officials.
(e)
The Regional Consultative Committees will meet on a regular basis to service the
needs of individual projects and the relevant Region. Any Party may request a
meeting. A request by any Party to meet will not be unreasonably refused.
(f)
The purpose of the Regional Consultative Committees will be to:
(i)
Facilitate the implementation of this Agreement;
(ii)
Facilitate the implementation of workplace reform through consultation and
participation;
(iii)
Facilitate discussion, and resolution of, any concerns a Party to this
Agreement may have regarding Employee entitlement schemes/funds;
(iv)
Discuss key issues that impact on Company business, including but not
limited to:
(A)
New projects awarded;
(B)
Work organisation;
(C)
Direct employment including commitment to female, impaired,
indigenous and mature age worker participation in the workforce;
(D)
Skill formation;
(E)
Career planning;
(F)
Training;
(G)
Rehabilitation of injured Employees;
(H)
EH&S;
(I)
Fitness for work;
(J)
Use of down time due to Inclement Weather;
(K)
Best practice;
(L)
Productivity measures;
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
13.4
(M)
Incremental improvement;
(N)
Delivery systems;
(O)
Restrictive practices;
(P)
Relevant legislative changes; and
(Q)
Site record keeping.
(v)
Act as a forum for the Parties to express ideas and concerns;
(vi)
Communicate information regarding the Company direction and objectives;
and
(vii)
Ensure major projects (as agreed by the relevant Regional Consultative
Committee) form a Project Consultative Committee and develop and
implement Project Productivity Improvement Plans.
Consultation On Major Workplace Change
(a)
Where the Company is seriously considering, and prior to the taking of any definite
decision on, the introduction of major workplace changes that are likely to have a
significant effect on Employees, the Company must notify and consult with the
affected Employees, or their nominated representative/s (e.g. Union or other
representative).
(b)
The Company must recognise the representative appointed by an Employee (if any),
and consult in good faith in relation to such proposed changes, including by allowing
entry to Company premises to assist with representing Employees in the consultations
regarding the proposed changes. For the purpose of this consultation, the Company
will invite any nominated representative/s (e.g. Union or other representative) to
attend the consultations under this clause (noting that this does not confer a general
right to enter site to hold discussions with Employees). Provided however, that this
clause shall not be construed as providing any rights which are inconsistent with
sections 194(f) or (g) of the Fair Work Act.
(c)
The obligation to notify and consult includes providing all relevant details to the
Employees and their Union representative/Employee Representative in writing about:
(d)
(i)
the nature of the changes, any proposed timing of the changes and the
expected likely effect on Employees;
(ii)
any measures the Company is proposing to take to avert or mitigate any
adverse effects of such changes on Employees; and
(iii)
any other matters related to the changes which may affect the Employees.
In this clause, major workplace changes that are likely to have a significant effect on
Employees include:
(i)
termination of employment;
(ii)
major change to composition, operation or size of the workforce or the skills
required of Employees;
(iii)
elimination or diminution of job opportunities (including promotion/tenure);
(iv)
alteration of hours of work;
(v)
retraining, relocation or restructuring; and
(vi)
changes to the legal or operational structure of the Company or business,
including changes to business ownership or control.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
13.5
Consultation about changes to rosters or hours of work
(a)
Where the Company proposes to change an Employee’s regular roster or ordinary
hours of work, the Company will consult with the Employee/s affected (and their
representative, if any – which may be the Union), about the proposed change.
(b)
The Company will:
(i)
provide to the Employee/s affected (and their representative, if any – which
may be the Union) relevant information about the change including:
(A)
the nature of the change;
(B)
information about what the Company reasonably believes will be the
effect of the change on the Employees; and
(C)
information about any other matters that the Company reasonably
believes are likely to affect the Employees;
(ii)
invite the Employee/s affected (and their representative, if any – which may
be the Union), to give their views about the impact of the proposed change
(including any impact in relation to the Employee/s family or caring
responsibilities); and
(iii)
give consideration to any views about the impact of the proposed change that
are given by the Employee/s concerned (and/or their representative, if any –
which may be the Union).
(c)
The requirement to consult under this clause does not apply where an Employee has
irregular, sporadic or unpredictable working hours.
(d)
These provisions are to be read in conjunction with other Agreement provisions
concerning the scheduling of work and notice requirements.
14.
Women in the Industry
14.1
The Parties to this Agreement respect equal employment opportunities.
14.2
It is recognised that the construction industry needs to employ more women and the Parties
shall discuss means to achieve this during the life of this Agreement. Measures will be
implemented that will encourage and assist women to seek and maintain employment in the
construction industry.
15.
Lendlease Benefits and other Benefits
15.1
Lendlease Benefits
(a)
The Company, as a wholly owned subsidiary of Lendlease Corporation Limited, is
currently able to provide comprehensive benefits in consideration for work performed.
(b)
Lendlease Benefits aim to provide meaningful income and security in the event of
sickness and accident (Sickness and Accident Benefit) and retirement (Retirement
Benefit Fund), as well as further link benefits for Employees to Company performance
via ownership of Lendlease securities (ESAP Benefit).
(c)
The Parties recognise and agree that the Company’s obligations and Employees’ rights
in respect of these benefits are not solely granted or regulated by the terms of this
Agreement, but by separate Trust Deeds, Rules, Agreements, and legislation (e.g.
superannuation guarantee or taxation legislation). It is recognised that terms of those
benefits may be altered by the Lendlease Group or the respective Trusts from time to
time, without reference to this Agreement.
(d)
Notwithstanding 15.1(c) these Lendlease Benefits will be maintained for the life of this
Agreement.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
15.2
15.3
15.4
Lend Lease Employee Share Acquisition Plan Benefit (ESAP Benefit)
(a)
As an enhancement of the Company philosophy of Employee ownership, a noncontributory Employee Share Acquisition Plan was created in November 1988. This
applies to full-time and permanent part-time Employees. The securities acquired on
an Employee’s behalf and allocated through the Plan are shares in Lendlease
Corporation Limited which are stapled to units in Lendlease Trust (comprising of
Lendlease securities which are publicly traded on the Australian Stock Exchange)
(ESAP securities). Employees are entitled to receive distributions on their ESAP
securities.
(b)
Employee entitlements under this ESAP remuneration arrangement are as follows:
(i)
From commencement of an Employee’s employment the Company will
contribute 1% of an Employee’s EBR per annum, with the contribution
increasing by 1% per annum to a maximum of 5% per annum which will be
converted into ESAP securities to an equivalent monetary value; but the
maximum total contribution per tax year is $5000; and
(ii)
the ESAP arrangement is a scheme to which Subdivision 83A-C of the Income
Tax Assessment Act 1997 (Cth) applies (subject to the conditions of the
Income Tax Assessment Act 1997 (Cth)). Taxation implications associated
with this ESAP remuneration arrangement are generally the same as those
for the Lendlease voluntary ESAP salary sacrifice arrangement (although the
$5,000 tax limit referred to in clause 15.2(b)(i) above is combined for the two
arrangements). Further tax information is available in the ESAP Information
Booklet available on the Lendlease Human Resources website.
Retirement Benefit Fund
(a)
The Company provides further termination benefits from the Lend Lease Retirement
Benefit Fund should a change in the control of the Company occur.
(b)
Should a change in control of the Company occur the Lend Lease Retirement Fund
provides further benefits for those Employees who cease employment during the
12 month period following such change of control.
Sickness and Accident
(a)
Sickness and Accident Benefit
(i)
The Company’s Sickness and Accident Benefit is intended to provide
payment for loss of income for Employees who suffer long term sickness or
accident of a serious nature (that requires in excess of 20 ordinary working
days’ absence in respect of that sickness or accident).
(ii)
Subject to the conditions outlined in this clause, the Company will provide
payment for a loss of income by an Employee due to long term sickness or
accident.
(iii)
The Company will pay Sickness and Accident Benefit to an eligible Employee
for up to a maximum of 24 months including accrued Award entitlements at
100% of the Employee’s EBR for Ordinary hours only.
(iv)
Entitlement to this Sickness and Accident Benefit is subject to:
(v)
(A)
the Employee providing the Company with ongoing supporting medical
evidence (including medical diagnosis and prognosis) of their long term
sickness or injury; and
(B)
the Employee complying with requests from the Company to obtain
independent medical opinion of their long term sickness or injury.
The Company is committed to the rehabilitation and safe return to work of sick
or injured Employees. Employees receiving the Company Sickness and
Accident Benefit will be required to co-operate with the Company
rehabilitation efforts in order to remain eligible to the benefits under this
clause.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(b)
(vi)
The Parties acknowledge that the Company Sickness and Accident Benefit
provided under this clause is to apply where an injury and sickness benefit is
not claimable or refused under the applicable income protection insurance
arrangement for the relevant Region.
(vii)
Further, where an Employee is receiving benefits under the applicable income
protection insurance arrangement for the relevant Region, and those benefits
are less than 100% of the Employee’s EBR for Ordinary hours only, then
where the relevant Regional income protection scheme allows, the Company
will ‘top up’ the benefit.
(viii)
An Employee will not be entitled to double dip and receive the same benefit
under both the Company Sickness and Accident Benefit and the applicable
income protection insurance arrangement for the relevant Region.
(ix)
The intent of this Sickness and Accident Benefit is to facilitate an Employee’s
rehabilitation and return to work.
Workers’ Compensation
Entitlement Accruals and Contributions
(i)
If an Employee is absent from work for a period for which they have or will
claim workers’ compensation, the absence shall not affect the Employee’s
continuous service for accrual purposes.
(ii)
The Employee shall continue to accrue all appropriate leave entitlements for
up to 104 weeks of the Employee’s absence due to the workers’
compensation claim.
(iii)
The Company shall also continue to make contributions (and where
applicable, reports of service) on behalf of the Employee to superannuation,
redundancy, income protection and long service leave, training, welfare and
any other applicable fund listed in this Agreement.
(iv)
Additional workers’ compensation entitlements for Employees are set out in
the relevant Regional Appendix.
Accident pay
(v)
The Company shall pay an Employee accident pay where the Employee
receives an injury for which weekly payments or compensation are payable
by, or on behalf of the Company, pursuant to the provisions of the relevant
workers’ compensation legislation as amended from time to time.
(vi)
Accident pay means a weekly payment of an amount being the difference
between the weekly amount of compensation paid to the Employee pursuant
to the relevant workers’ compensation legislation and the Employee’s EBR
and any RDO accrued entitlements. Where the incapacity is for less than one
week, the difference between the amount of compensation paid and the rate
for that period will apply.
(vii)
The Company shall pay or cause to be paid accident pay as defined in clause
15.4(b)(vi) during the incapacity of the Employee, arising from any one injury,
for a total of up to 104 weeks whether the incapacity is in one continuous
period or not.
(viii)
The liability of the Company to pay accident pay in accordance with this clause
shall arise as at the date of the injury or accident in respect of which
compensation is payable under the relevant workers’ compensation
legislation. The termination of the Employee’s employment for any reason
during the period of any incapacity shall in no way affect the liability of the
Company to pay accident pay as provided in this clause.
(ix)
In the event that an Employee receives a lump sum in redemption of weekly
payments under the relevant legislation, the liability of the Company to pay
accident pay shall cease from the date of such redemption.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(c)
Income Protection and Portable Unused Sick Leave Arrangements
Income protection and portable unused sick leave arrangements are set out in the
relevant Regional Appendix.
15.5
Superannuation Contributions
(a)
The Company will make superannuation contributions to a fund of the Employee’s
choice, the Lendlease Superannuation Plan (LLSP) or the Construction and Building
Unions Superannuation Scheme (Cbus) (provided that the fund offers a MySuper
product).
(b)
If the Employee does not choose a fund, then by default the Employee will remain (or
become) a member of the LLSP.
(c)
Where an Employee wishes to have their pay salary sacrificed for additional
superannuation, the Company will comply with the Employee’s request, consistent
with statutory requirements. All entitlements and benefits contained in this Agreement
will be calculated on the pre-salary sacrifice pay rate.
(d)
When an Employee enters into an arrangement to have their pay salary sacrificed for
additional superannuation, it will be the Employee’s responsibility to manage their
obligations under applicable superannuation and taxation legislation in respect of
those additional contributions.
(e)
All superannuation contributions shall be paid monthly as required by the applicable
trust deed.
(f)
All other Award provisions shall apply.
(g)
Accumulation Fund
(h)
(i)
The Company will make employer superannuation contributions on behalf of
Employees into an accumulation superannuation fund unless the Employee
is covered by clause 15.5(h) below.
(ii)
Employer superannuation contribution amounts are provided for in the
relevant Regional Appendix.
(iii)
The following provisions apply in respect of contributions to an Employee’s
accumulation superannuation fund:
(A)
The Company will pay its employer contributions and any member
contributions that the Employee decides to make to the Employee’s
fund;
(B)
The Company’s employer contributions to the Employee’s fund will be
in accordance with the relevant Regional Appendix or at the rate
required under relevant legislation (currently, 9.5% of the Employee’s
Ordinary Time Earnings), whichever is the greater; and
(C)
If the Employee chooses to become a member of Cbus (or a fund other
than the LLSP) then the Employee will be responsible for their own
Death and Total and Permanent insurance arrangements which
otherwise may be provided by the LLSP).
Defined Benefit Fund
(i)
Employees who are currently part of the JDA Defined Benefit Division
(Defined Benefit Plan) of the Lend Lease Superannuation Plan (LLSP), and
who were Employees of the Company prior to 1 January 1999, may continue
to be members of the Defined Benefit Plan of the LLSP for the life of this
Agreement. The Defined Benefit Plan is non-contributory, and provides a
Company Benefit calculated at 12.75% (after Federal Government
contributions tax) from the date of operation of this Agreement, for each year
of membership, multiplied by the Employee's Ordinary Time Earnings over
the previous three years of service.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(ii)
The Parties recognise that the number of Employees who are members of
this Defined Benefit Plan in the LLSP, who wish to remain as members, is
reducing over time. The Parties agree to discuss, during the life of this
Agreement, the ongoing operation of the Defined Benefit Plan in the LLSP.
16.
Employee Payments
16.1
Weekly Rate of Base Pay
16.2
16.3
(a)
Employees will be paid a Weekly Rate of Base Pay in accordance with pay rates for
each Region, set out in the relevant Regional Appendix;
(b)
The Weekly Rate of Base Pay is based on a 36 hour week; and
(c)
The Weekly Rate of Base Pay is in lieu of minimum rates and higher duties
entitlements under the Award.
Weekly Productivity Benefits
(a)
Weekly Productivity Benefits will be provided to Employees, as set out in the relevant
Regional Appendix;
(b)
The Weekly Productivity Benefits are in lieu of any entitlements to allowances
provided for in clauses 20, 21 and 22 of the Award except Tool Allowance, Meal
Allowance, Compensation for Clothes and Tools, Multi-Storey Allowance and First Aid
Allowance.
Weekly Tool Allowance
The Weekly Tool Allowance is set out in the relevant Regional Appendix. This is paid in lieu
of tool allowance under clause 20.1 of the Award.
16.4
Employee Benefit Rate (EBR)
(a)
(b)
The EBR is comprised of the following amounts, as set out in the relevant Regional
Appendix:
(i)
Weekly Rate of Base Pay;
(ii)
Weekly Productivity Benefits; and
(iii)
Weekly Tool Allowance.
The EBR will be used for the calculation of the following:
(i)
All paid leave entitlements, including annual leave, long service leave and
personal leave;
(ii)
Workers’ Compensation Entitlements;
(iii)
ESAP Benefit; and
(iv)
Overtime.
(c)
The Ordinary time hourly rate for all purposes shall be calculated by dividing the
applicable weekly EBR by 36.
(d)
The EBR is set out in the relevant Regional Appendix.
17.
Allowances
17.1
Living Away From Home Allowance
When Employees are to be engaged on a project requiring them to live away from their usual
place of residence, the provisions of Appendix 1 will apply in determining their entitlement and
the conditions whilst they are living away from their usual place of residence.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
17.2
Multistorey Allowance Interpretation
(a)
(b)
17.3
In accordance with clause 21.4 of the Award, a Multistorey Allowance will be paid to
Employees on a project in respect of works performed by the Company on that project:
(i)
Up to the Company’s contractual practical completion for the last separable
portion of that project, and
(ii)
To any additional work that is continuous and carried out by the Employees
of the Company on that project post practical completion, that falls under the
Company’s original contract (for example defects work).
Multistorey Allowance will be applicable in accordance with Clause 21.4 of the Award
as prescribed from time to time. The applicable rate for multistorey allowance will be
calculated in accordance with clause 21.4(f) of the Award as prescribed from time to
time.
Meal Allowance
The provisions set out in the relevant Regional Appendix will apply.
17.4
Responsibility Payment
The provisions set out in the relevant Regional Appendix will apply.
17.5
Site Allowance Interpretation
(a)
(b)
17.6
Except for Victoria, the applicable Site Allowance will be paid to Employees on a
project in respect of works performed by the Company on that project:
(i)
Up to the Company’s contractual practical completion for the last separable
portion of that project, and
(ii)
Also to any additional work that is continuous and carried out by the
Employees of the Company on that project post practical completion, that falls
under the Company’s original contract (for example defects work).
Site Allowance terms and conditions are provided for in the relevant Regional
Appendix.
Additional Allowances
(a)
Additional allowances, as set out in the relevant Regional Appendix, will apply.
18.
Redundancy Schemes
18.1
This Agreement incorporates the industry specific redundancy scheme from Clause 17 of the
Award.
18.2
The Redundancy Procedure is outlined in clause 33.
18.3
Redundancy Fund
The Company shall be a participating employer in the relevant Regional redundancy fund. All
Employees will be enrolled in the relevant fund and will be entitled to redundancy payments
in accordance with the relevant Regional Appendix.
(a)
Authorised paid leave
A worker who is absent from work on authorised paid leave on any ordinary working
day during the normal pay week shall be deemed to have completed a complete week
of eligible service and redundancy contributions shall be made in respect of that week
and service entitlements shall accrue in respect of that week.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(b)
Work related injury or illness
In the event of an Employee’s absence from work being due to work related injury or
illness, redundancy contributions at the normal rate shall continue for the period of the
absence provided that:
(i)
The person remains an Employee of the Company; and
(ii)
The Employee is receiving workers’ compensation payments or is receiving
regular payments directly from the Company in accordance with statutory
requirements or the provisions of this Agreement.
19.
Wages Payment Details
19.1
Payslips
(a)
19.2
The following particulars of details of payment to each Employee must be included on
the Employees’ work payslip:
(i)
Name of the employing employer;
(ii)
Business name, legal name, trading name ABN/ACN;
(iii)
Name of Employee;
(iv)
Employee’s classification;
(v)
Date of payment and period covered by work statement/payslip;
(vi)
Details of the number of ordinary hours worked;
(vii)
Details of the number of overtime hours worked;
(viii)
The Ordinary hourly rate (EBR) and the amount paid at that rate;
(ix)
The overtime hourly rates and the amounts paid at those rates;
(x)
The gross wages paid;
(xi)
The net wages paid;
(xii)
Details of any deductions made from the wages;
(xiii)
Details of the following accrued entitlements: RDO accruals and annual
leave; and
(xiv)
Details of an Employee’s superannuation contributions.
Employee Entitlement Contributions
The Company will also make available to an Employee the following information regarding
Employee entitlement contributions, as soon as practicable after the information has been
requested by the Employee:
(a)
redundancy fund contributions including when contributions were made and the
amount;
(b)
income protection and/or portable unused sick leave contributions including when
contributions were made and the amount;
(c)
any Employee industry welfare contributions including when contributions were made
and the amount; and
(d)
for Victoria, Alternative Sunday Flexi-Time Arrangement (time accrued in lieu of
overtime).
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
19.3
Time and wages records
The Company will also maintain the following time and wage records:
(a)
the Employee’s date of birth;
(b)
the date when the Employee became an Employee of the Company, if appropriate,
the date when the Employee ceased employment with the Company;
(c)
the Employee’s tax file number;
(d)
the Employee’s superannuation number;
(e)
the Employee’s redundancy fund number;
(f)
the Employee’s portable long service leave number;
(g)
the Employee’s income protection number;
(h)
daily details of work including:
(i)
Daily start time and finish time;
(ii)
Time lunch and crib breaks taken;
(iii)
Total ordinary hours worked and resulting wage;
(iv)
Total time and a half hours worked and resulting wage;
(v)
Total double time hours worked and resulting wage
(i)
details of allowances paid;
(j)
details and payment for RDOs, personal and annual leave, public holidays;
(k)
details of deductions;
(l)
details of additions;
(m)
total gross allowances paid per week and year to date;
(n)
total gross wages paid per week and year to date;
(o)
tax deducted from wages per week and year to date;
(p)
net wages per week and year to date;
(q)
RDOs, personal and annual leave accrued per week and year to date; and
(r)
superannuation, redundancy fund, income protection, employee welfare contributions
and portable long service leave paid per week and year to date.
20.
Electronic Funds Transfer
20.1
Employees will be paid by electronic funds transfer.
20.2
An Employee may request EFT payments be split between up to 2 accounts.
20.3
The Employee’s pay will be transferred into the nominated account on the Thursday of each
working week
20.4
Where the Employee’s pay is not paid by close of business on the Thursday (or other agreed
day if the Thursday is a public holiday), the Employee will be paid waiting time at overtime
time rates for each hour kept waiting, a maximum of eight (8) hours per day, until the pay is
transferred.
20.5
Waiting time shall not be payable where an Employee is kept waiting for their wages on pay
day due to circumstances beyond the control of the Company.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
21.
Individual Flexibility Clause
21.1
The Company may agree with an Employee covered by this Agreement to an arrangement
(an individual flexibility arrangement) which varies the matters set out in clause 21.5(b) below,
in order to meet the genuine needs of the Company and Employee.
21.2
Where the Company wants to enter into an arrangement it must provide a written proposal to
the Employee. Where the Employee’s understanding of written English is limited, the
Company must take measures, including translation into an appropriate language, to ensure
the Employee understands the proposal.
21.3
Provided however that the Company must ensure that any arrangement is genuinely agreed
to by the Company and the Employee.
21.4
The Company must also ensure that any such arrangement:
21.5
21.6
(a)
is in writing (including details of the terms that will be varied, how the arrangement will
vary the effect of the terms, how the Employee will be better off overall in relation to
the terms and conditions of his or her employment as a result of the arrangement, and
the day on which the arrangement commences);
(b)
includes the name of the Company and the Employee and is signed by the parties,
(and if the Employee is under 18, by a parent or guardian of the Employee);
(c)
is provided to the Employee within 14 days after it is agreed to;
(d)
states the day on which the arrangement commences; and
(e)
is able to be terminated by either party giving written notice of not more than 28 days,
or at any time by both parties agreeing in writing.
The Company must further ensure that the terms of the individual flexibility arrangement:
(a)
are about permitted matters under section 172 of the Fair Work Act;
(b)
relate only to:
(i)
salary sacrifice arrangements;
(ii)
daylight saving working arrangements;
(iii)
increase in annual leave accrual each year;
(iv)
increase in rate of accrual of RDOs; or
(v)
increase in training leave (Union or otherwise);
(c)
are not unlawful terms under section 194 of the Fair Work Act; and
(d)
result in the Employee being better off overall than the Employee would be if no
arrangement was made.
Upon direction by an Employee, the Company will provide the relevant Regional Consultative
Committee, a copy of that Employee’s Flexibility Arrangement, subject to the provision of such
information in no way contravening any legal requirements including the Privacy Act 1988
(Cth) and the Fair Work Act.
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22.
Hours of Work and Rostered Days Off
22.1
Ordinary Hours of Work
22.2
(a)
Ordinary hours will be 36 hours per week, worked between 6.00am and 6.00pm
Monday to Friday.
(b)
Any change in start time for an Employee will be confirmed by the Company in writing
to that Employee.
(c)
Further details on the hours of work applying in each Region are set out in the relevant
Regional Appendix.
Rostered Days Off (RDOs)
(a)
Ordinary working hours will be scheduled in a 10 day / 2 week cycle, Monday to Friday
inclusive, with 8 hours worked for each of 9 days and with 0.8 of an hour on each of
those days’ worked accruing toward the tenth day, which will be known as the rostered
day off (RDO).
(b)
RDOs are paid for time worked.
(c)
An Employee who has not worked a full 10 day / 2 week cycle will receive pro rata
RDO accrued entitlements for each day worked. In the case of termination of
employment, an Employee will receive pro rata RDO accrued entitlements on
termination.
(d)
The Parties recognise that changes to RDOs are necessary from time to time to
improve productivity and to meet the construction program on certain projects. The
Parties agree that work may take place on a scheduled RDO following consultation
between the Company and the relevant Employees.
(e)
Regional RDO calendars and further RDO terms are provided for in the applicable
Appendices.
23.
Breaks
23.1
Payment for Work During Meal Break
23.2
(a)
For all work done by Employees during the normal meal break and thereafter until a
meal break is allowed, double time rates must be paid;
(b)
It is the responsibility of the Employees to take a meal break; and
(c)
No work will occur during meal breaks unless authorised by the relevant Site Manager
of the Company.
12 Hour Break (Minimum Break between finishing overtime worked and commencing the
following days’ ordinary hours):
(a)
Where it is necessary to work extended overtime, it is agreed that no Employee shall
resume or continue to work without having had twelve consecutive hours off duty
between the termination of the overtime and the commencement of the Employee’s
ordinary work on the next day or shift.
(b)
In the event that an Employee agrees to a request from Company site management
to resume or continue to work without having had twelve consecutive hours off duty,
the Employee shall be paid at double ordinary time rates until the Employee is
released from duty for such period.
(c)
Where an Employee is released from duty in accordance with this clause the
Employee will not suffer a loss of pay for ordinary working time occurring during such
absence. Any such release from duty will not change the usual start and finish times
for the working of ordinary hours.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
24.
Leave
Except as provided below the leave entitlements set out in the Award and the NES will apply to
Employees whose employment is subject to this Agreement. Employees will be entitled to the
following leave.
24.1
24.2
Annual Leave
(a)
Annual leave shall accrue at the rate of three hours each week (i.e. 36 ordinary hours)
of service totalling four weeks or 20 days per annum.
(b)
A part time Employee will accrue this entitlement on a pro-rata basis.
(c)
An Employee’s entitlement to paid annual leave accrues progressively during a year
of service according to the Employee’s Ordinary hours of work, and accumulates from
year to year.
(d)
The Company will not unreasonably refuse a request for annual leave by an
Employee.
(e)
Employees shall be able to take single annual leave days where two weeks’ notice is
given and approved by the Company.
Excessive leave
(a)
It is recognised that the accrual of excessive leave balances is not in the interests of
the Company or the Employee.
(b)
From 1 March 2017 the Company may direct an Employee to take annual leave where
the Employee has accrued a total annual leave balance of eight weeks or more.
(c)
The Company and Employee must first genuinely attempt to agree on a plan to reduce
the Employee’s annual leave balance. If the Company and the Employee cannot
reach an agreement, the Company may direct the Employee to take annual leave
provided that:
(d)
(i)
the Employee is provided with a minimum of eight weeks’ (but no more than
12 months) notice prior to being required to take the directed period of annual
leave; and
(ii)
the Employee’s remaining accrued annual leave balance after the directed
period of annual leave cannot be less than six weeks;
(iii)
the maximum period of leave for which an Employee can be directed to take
in any one calendar year is eight weeks;
(iv)
the Parties accept that Employees may accrue annual leave for a pending
retirement (to occur within 36 months) or for an extended vacation (to be taken
within 18 months).
(v)
in these instances, the Employee will provide in writing the intention and
intended date (and duration if an extended vacation is planned). Where such
intention is provided in writing, the provisions of this clause will not apply
provided the Employee takes the leave as notified in writing.
(vi)
Employees are entitled to request to take excessive leave in accordance with
the Award.
(vii)
the Award provisions, clauses 38.6 to 38.8 (Excessive Leave) will otherwise
apply.
At the termination of employment, an Employee will be paid out all outstanding annual
leave entitlements (including annual leave loading).
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24.3
24.4
Parental leave
(a)
Employees are entitled to Parental Leave in accordance with the NES.
(b)
Paid Primary Parental Leave: If an Employee is the primary care giver of his or her
child, and that Employee has more than 12 months’ continuous service, then that
Employee is entitled to 18 weeks’ Paid Primary Parental Leave to commence within
the first four weeks following the birth or adoption of the child for which they are
providing primary care, to be paid at the applicable EBR for Ordinary hours;
(c)
Paid Secondary Parental Leave: Employees with two years’ continuous service are
eligible to apply for five days’ paid Secondary Parental Leave in the first six weeks
following the birth or adoption of the child for which they are providing secondary care.
Compassionate Leave
(a)
24.5
Employees are entitled to apply for up to three days’ paid Compassionate Leave, to
be paid at the applicable EBR for Ordinary hours, where a member of the Employee’s
immediate family, or a member of the Employee’s household:
(i)
Contracts or develops a personal illness that poses a serious threat to his or
her life;
(ii)
Sustains a personal injury that poses a serious threat to his or her life; or
(iii)
Dies.
(b)
In addition, up to two days’ paid Compassionate Leave is available for Employees
where bereavement is on the death of a close family relative including cousins, aunts
and uncles.
(c)
The Employee will provide the Company with substantiating documentation prior to
approval being provided.
(d)
Compassionate leave is not cumulative.
Family Violence Leave
(a)
For the purposes of this clause, family violence is:
(i)
(ii)
(b)
behaviour by a person towards a family member of that person if that
behaviour:
(A)
is physically or sexually abusive; or
(B)
is emotionally or psychologically abusive; or
(C)
is economically abusive; or
(D)
is threatening; or
(E)
is coercive; or
(F)
in any other way controls or dominates the family member and causes
that family member to feel fear for the safety or wellbeing of that family
member or another person; or
behaviour by a person that causes a child to hear or witness, or otherwise be
exposed to the effects of, behaviour referred to in paragraph (a)(i) above.
For the purposes of this clause, a ‘family member’, in relation to a person (a ’relevant
person’), means:
(i)
a person who is, or has been, the relevant person's spouse or domestic
partner; or
(ii)
a person who has, or has had, an intimate personal relationship with the
relevant person; or
(iii)
a person who is, or has been, a relative of the relevant person; or
(iv)
a child who normally or regularly resides with the relevant person or has
previously resided with the relevant person on a normal or regular basis; or
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(v)
a child of a person who has, or has had, an intimate personal relationship with
the relevant person.
(c)
For the purposes of clauses 24.5(b)(ii) and 24.5(b)(v) a relationship may be an
intimate personal relationship whether or not it is sexual in nature.
(d)
Confidentiality
The Company must take all reasonable measures to ensure personal information
concerning an Employee’s experience of family violence is kept confidential.
(e)
24.6
24.7
Leave
(i)
An Employee (other than a casual Employee) who is subject to family violence
will have access to 10 days per year of paid family violence leave paid at the
EBR for Ordinary hours, applicable to their classification, to attend legal
proceedings, counselling, and appointments with a medical or legal
practitioner, relocation, the making of safety arrangements and other activities
associated with the experience of family and domestic violence.
(ii)
Family violence leave is in addition to any other existing leave entitlements,
and may be taken as consecutive or single days or as a fraction of a day.
(iii)
The Employee shall give as much notice as reasonably possible prior to taking
the leave under this clause.
(iv)
In addition, the Company may require the Employee to produce evidence to
support the need for family violence leave such as a document issued by the
police, a court, a doctor (including a medical certificate), a family violence
support service, or a statutory declaration.
(v)
For the avoidance of doubt, family violence leave does not cumulate from year
to year, and is not paid out on termination of employment.
Personal/ Carer’s Leave
(a)
During the first year of employment with the Company an Employee will be entitled to
paid personal leave at the rate of three days in the first month and then one additional
day at the beginning of each of the next nine calendar months.
(b)
At the beginning of the second or subsequent years of any period of service with the
Company, the Employee will be credited with ten days’ paid personal leave
entitlement.
(c)
Unused personal / carer’s leave shall accrue from year to year.
(d)
When an Employee is absent for more than two consecutive days the Employee is
required to give the Company a doctor’s certificate, or other reasonably acceptable
evidence, about the nature and approximate duration of the illness.
(e)
When an Employee is absent for one or more days before or after a public holiday,
the Employee is required to give the Company a doctor’s certificate, or other
reasonably acceptable evidence, about the nature and approximate duration of the
illness.
(f)
This clause is to be read in conjunction with clause 15.4(a) Sickness and Accident
Benefit and the Income Protection clause from the relevant Regional Appendix.
Long service leave
Long service leave is provided for in the relevant Regional Appendix.
24.8
Jury Service
(a)
An Employee required to attend for jury service during ordinary working hours will be
reimbursed by the Company an amount equal to the difference between the amount
paid in respect of the Employee’s attendance for such jury service and the amount of
wages and allowances the Employee would have received in respect of the Ordinary
hours the Employee would have worked had the Employee not been on jury service.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
24.9
(b)
An Employee is required to notify the Company as soon as possible of the date upon
which the Employee is required to attend for jury service.
(c)
The Employee will provide the Company proof of attendance, the duration of such
attendance and the amount received in respect of such jury service.
(d)
Subject to the provision of satisfactory evidence, there will be no limit on the number
of days of absence paid for by the Company.
Picnic Day
The provisions of the relevant Regional Appendix will apply.
24.10
24.11
Public Holidays
(a)
Employees are entitled to paid leave for the public holidays applicable in each Region
as set out in the NES;
(b)
Payment for work on Public Holidays:
(i)
An Employee required to work on a public holiday or the day after Good Friday
will be paid for a minimum of four hours work at the rate of double time and a
half of the EBR.
(ii)
Where an Employee works on a public holiday outside of the ordinary starting
and ceasing times for the day which would apply if it were not a public holiday,
the Employee will be paid triple time for the first two hours and quadruple time
thereafter for those hours worked. This payment is in addition to payment for
the public holiday or payment for work on a public holiday prescribed by the
Agreement.
(iii)
Further information regarding working on a public holiday is contained in the
relevant Regional Appendix.
Study leave
Employees are entitled to apply for up to five days’ paid study leave per annum for study,
project or assignment work, or exam preparation.
25.
Environment Health & Safety (EH&S)
25.1
Commitment
(a)
The Parties commit to striving for innovative solutions to EH&S challenges and
achieving best practice on Company projects. Accordingly, the Parties agree to:
(i)
Implementation of Company EH&S, Rehabilitation and any other Company
policy or Global Minimum Requirements developed, following consultation,
relating to EH&S issues;
(ii)
Actively support the Company’s fitness for work procedures including Drug
and Alcohol testing (as amended from time to time through consultation);
(iii)
Organising work so that the health, safety and wellbeing of all Employees and
protection of the environment are recognised as being of paramount
importance and is therefore integrated into the EH&S Plan;
(iv)
Implementation of a project EH&S Plan involving consultation between all
necessary parties to achieve participation and commitment to reducing the
potential for injury to occur to people and risk of damaging the environment
on Company projects;
(v)
Implementation of an EH&S skilling program on all projects based on a
continuous improvement cycle;
(vi)
Consultative mechanisms to address EH&S issues. Such mechanisms may
include:
(A)
Election of Employee health and safety representatives; and
(B)
Election of an EH&S committee.
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25.2
25.3
Clothing
(a)
The following clothing will be supplied to all Employees (no later than 10 days after
commencement of their employment). Employees when working on site are required
to wear all footwear and clothing supplied.
(b)
The annual issue of clothing by the Company to Employees will be:
(i)
1 pair of safety boots; and
(ii)
6 sets of shirts and shorts/trousers, overalls or bib and brace overalls, or any
combination as agreed; and
(iii)
1 high visibility winter jacket to be issued; and
(iv)
1 pair of safety glasses, or clip-ons suitable to overlay prescription glasses
shall be made available for Employees.
(c)
All of the above mentioned items will be replaced on a fair wear-and-tear basis. Where
an Employee has not sought replacement of any of the above mentioned items on a
fair wear-and-tear basis, then that Employee will be entitled to a re-issue of the items
in accordance with the relevant Regional Appendix.
(d)
All items will comply with the relevant Australian Standards and all endeavours will be
made to provide clothing that is Australian made. The clothing selected will need to
be breathable, be light weight, UV stable, have a high visibility quality, and have the
maximum UPF rating which is 50+.
(e)
No agreement to pay cash in lieu of supply of clothing/footwear is permitted.
Employee Tools
(a)
(b)
Lock up for Tools:
(i)
The Company shall provide on all construction jobs in towns and cities, and
elsewhere where reasonably necessary and practicable (or if requested by
the Employee), a suitable and secure waterproof lock-up solely for the
purpose of storing Employees’ tools, and on multistorey and major projects
the Company shall provide, where possible, a suitable lock-up for Employees’
tools within a reasonable distance of the work area of large groups of
Employees.
(ii)
Where an Employee is absent from work because of illness or accident, and
has advised the Company in accordance with clause 24.6 above, the
Company shall ensure that the Employee’s tools are securely stored during
his/her absence.
Compensation for Loss of Employee Tools:
The Company will replace all Employee tools lost or stolen while stored at the direction
of the Company in a room, building, premises, job, workshop, Company vehicle or in
a locker, up to a maximum value of no more than $2000. Where satisfactory evidence
is produced by the Employee that they have suffered a greater loss, the Company
shall pay the additional amount.
25.4
Mess/Change Sheds
(a)
All sheds shall be weatherproof and soundly constructed to an approved standard
with sufficient windows and doors, adequate ventilation and lighting. Sheds must
have a floor above ground level and be lined on ceilings and walls.
(b)
Covered walkways will be in place between sheds, toilets and first aid facilities.
(c)
Mess Shed/s fitted with fly screens are provided for exclusive use of workers and not
for the storage of the Company’s’ equipment, tools and materials.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
25.5
Crane Crews
Crane crew requirements are outlined in the relevant Regional Appendix.
25.6
25.7
Workplace Impairment
(a)
The Parties will develop an agreed workplace impairment policy for Employees. This
policy will comply with applicable legislative requirements.
(b)
Where material changes to the workplace impairment policy are proposed, other than
those required by legislation, the Parties will discuss and agree these changes.
However, such agreement will not be unreasonably withheld.
(c)
The Lendlease Building Fitness for Work Drug & Alcohol Testing Procedure (D&A
Procedure) will ultimately form part of an agreed workplace impairment policy.
Additional Provisions
Additional provisions relating to occupational health and safety matters, equipment, tools and
amenities are set out in the applicable Regional Appendix.
26.
Skills Development
26.1
Work will be organised to provide opportunities for Employees to develop their skills. This will
occur on a local basis, supported and facilitated centrally.
26.2
The Skill Assessment System is the medium whereby Employees can communicate their skill
needs to the coordinators of skill development. The Skill Assessment System is outlined in
Appendix 3.
26.3
Site management in consultation with the relevant Regional Consultative Committee will select
teams from within the entire Company workforce, based on skills, development requirements
and availability. This process will treat Employees and skills in the same professional manner
as other elements of the building process leading to improved Employee mobility, exposure
to a variety of work, flow-on improvements in motivation and reduced staff turnover.
26.4
The Company will monitor and review the Skill Assessment medium each year to ensure the
mediums are achieving the Joint Commitment and Objectives of this Agreement (see clauses
3 and 4).
26.5
Appendix 2 Skills Development Line provides a summary of the skill level required to be
achieved for the classification construction work roles performed in accordance with this
Agreement.
27.
Training and Related Matters
27.1
Where training and skill development is agreed by the Company and is to be carried out in
normal working hours, it is agreed that:
27.2
(a)
no Employee will suffer loss of pay as a result of participating in training required by
the Company; and
(b)
the Company will bear costs associated with the provision of any agreed training
including material costs.
Health and safety representative training
Employees elected as health and safety representatives in accordance with applicable work
health and safety legislation will undertake a training course arranged by the Company within
six weeks of being elected, at no cost to the Employee.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
27.3
Asbestos awareness training
(a)
(b)
The Company agrees that each Region will schedule an agreed nationally accredited
asbestos awareness training course:
(i)
within six months of the commencement of this Agreement for each current
Employee who has not already participated in the training; and
(ii)
within three months of a new Employee commencing employment.
The course and provider of the training referred to in clause 27.3 above will be agreed
with the relevant Regional Consultative Committee.
28.
Suicide Prevention Awareness
28.1
The Parties recognise that:
(a)
suicide prevention of Employees in the construction industry is an important issue;
(b)
construction workers are more than twice as likely to suicide than other people in
Australia;
(c)
construction workers are six times more likely to die by suicide than through a
workplace accident;
(d)
apprentices in construction are two and a half times more likely to suicide than other
young people their age;
(e)
mental health on construction sites is now accepted as an industry safety concern;
and
(f)
Employees can find it difficult to discuss feelings and emotions with colleagues at
work, especially in the construction industry.
28.2
Accordingly, to try and reduce the chance of suicide by an Employee, the Company agrees to
provide awareness training to Employees to recognise potentially suicidal behaviour and the
basic skills to help keep Employees safe until they can gain professional help.
28.3
Regional awareness training providers will be agreed through the relevant Regional
Consultative Committee.
29.
Employee Representation
29.1
This clause outlines the rights for Employee Representatives and Union Delegates when
assisting Employees.
29.2
For clarity, each Employee has the right to determine whether they wish to be represented by
an Employee Representative, Union Delegate, another representative of their choosing, or not
at all. Such representatives (or individual Employees) are entitled to the protections of Division
4 of Part 3-1 of the Fair Work Act in relation to their involvement in lawful industrial activities.
29.3
Representation
(a)
The Parties recognise the role of the Employees’ on-site representative in seeking to
ensure industrial harmony on the site or at the workplace. Further, the Parties
recognise that the on-site representative is a first point of contact for an Employee
who has an employment related grievance or a grievance, query or concern arising
under the terms of the Agreement.
(b)
All parties to this Agreement shall be notified as soon as practicable after the election
of a Union Delegate/Employee Representative.
(c)
A Union Delegate/Employee Representative shall, upon notification to the Company,
be recognised as an accredited representative of the Employee/s and, if an Employee
seeks representation by the representative, that representative will be allowed all
necessary time during working hours to submit to the Company employment related
matters affecting the Employee/s they represent.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
29.4
(d)
At all other times the Union Delegate/Employee Representative will perform
productive work within his/her range of qualifications and competence.
(e)
Further, the Union Delegate/Employee Representative shall be allowed reasonable
time during working hours to attend to such matters affecting Employees including the
right to attend appropriate meetings, Disputes Panel (VBIDP) hearings, FWC hearings
and the like.
(f)
The Parties recognise that Union Delegates/Employee Representatives may be
involved in assisting Employees where requested pursuant to clause 31 (Grievance
and Dispute Resolution) of this Agreement.
Union Delegate Rights
(a)
29.5
(i)
the right to be treated fairly and to perform their role without any discrimination
in their employment;
(ii)
for the Union Delegate to represent an Employee when requested in relation
to a grievance, dispute or a discussion with a member of the Union;
(iii)
the right to place information related to permitted matters on a notice board in
a prominent location in the workplace, except that the material must not
breach freedom of association, privacy and other applicable laws; and
(iv)
the right to paid time to attend industrial tribunals and/or courts where they
have been requested to do so by an Employee (which may include
themselves) whom they represent in a particular dispute in their workplace;
(v)
the right to paid time to assist and represent Employees who have requested
them to represent them in respect of a dispute arising in their workplace; and
(vi)
the right to represent the interests of members in their workplace to the Union,
Company and industrial tribunals/courts.
Employee Representative Rights
(a)
29.6
Where an Employee has been elected as a Union Delegate, the Company will
recognise the following rights:
Where an Employee has been elected as an Employee Representative, the Company
will recognise the following rights:
(i)
the right to be treated fairly and to perform their role without any discrimination
in their employment;
(ii)
For the Employee Representative to represent an Employee where requested
in relation to a grievance, dispute or a discussion;
(iii)
the right to place information related to permitted matters on a notice board in
a prominent location in the workplace except that the material must not breach
freedom of association, privacy and other applicable laws; and
(iv)
the right to paid time to attend industrial tribunals and/or courts where they
have been requested to do so by an Employee (which may include
themselves) whom they represent in a particular dispute in their workplace;
(v)
the right to paid time to assist and represent Employees who have requested
them to represent them in respect of a dispute arising in their workplace; and
(vi)
the right to represent the interests of Employees who request their assistance
in their workplace to the Company and industrial tribunals/courts.
Union Delegate/Employee Representative Facilities
(a)
The Company shall provide an agreed facility for the use of the Union
Delegate/Employee Representative to perform their duties and functions as the onsite representative of the Employees. The provision of the following facilities is to
ensure that the Union Delegate/Employee Representative is able to effectively
perform his/her functions in a professional and timely manner.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(b)
29.7
The facilities shall include:
(i)
a telephone;
(ii)
a table and chairs;
(iii)
a filing cabinet;
(iv)
air-conditioning/heating;
(v)
access to stationery and other administrative facilities, including use of
facsimile and the, use of e-mail (if available on site), following consultation
between the Union Delegate/Employee Representative and Site
Management.
(vi)
a private lockable area.
Industrial Relations Training Leave
The Parties acknowledge that for workplace representatives to effectively undertake their
duties they should have the appropriate level of training. The Company recognises a
workplace representative who is well trained in matters including the rights and obligations
under the various industrial instruments that operate at the workplace and the rights and
responsibilities under the relevant legislation will assist in minimising industrial disputes and
further the objective of having a harmonious workplace. To that end the following leave
provisions apply:
(a)
Subject to all qualifications in this clause, an Employee appointed or elected as an
accredited Union Delegate/Employee representative shall, upon application in writing
to the Company, be granted up to 10 days’ leave with pay each calendar year
non-cumulative to attend courses approved by the Company:
(i)
Such courses shall be designed and structured with the objective of promoting
good industrial relations within the Company; and
(ii)
Consultation may take place between the Parties in the furtherance of this
objective.
(b)
For the purposes of this clause an ’accredited Union Delegate/Employee
representative’ shall mean an Employee recognised by the Company in accordance
with clause 29.3 (Representation) of this Agreement.
(c)
The application for leave shall be given to the Company at least six weeks in advance
of the date of commencement of the course. The application for leave shall contain
the following details:
(i)
The name of the Employee seeking the leave;
(ii)
The period of time for which the leave is sought (including course dates and
the daily commencing and finishing times); and
(iii)
The title, general description and structure of the course to be attended and
the location of where the course is to be conducted.
(d)
The Company shall advise the training provider within seven clear working days
(Monday to Friday) of receiving the application as to whether or not the application for
leave has been approved.
(e)
The time of taking leave shall be arranged so as to minimise any adverse effect on
the Company's operations. The onus shall rest with the Company to demonstrate an
inability to grant leave when an eligible Employee is otherwise entitled.
(f)
The Company shall not be liable for any additional expenses with an Employee's
attendance at a course other than the payment of the Employee’s EBR for Ordinary
hours plus shift work loadings where relevant, Travel Allowance plus Site Allowance
where applicable.
(g)
Leave rights granted in accordance with this clause will not result in additional
payment for alternative time off to the extent that the course attended coincides with
an Employee's RDO or with any concessional leave.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
29.8
(h)
An Employee on request by the Company shall provide proof of their attendance at
any course within seven days. If an Employee fails to provide such proof, the
Company may deduct any amount already paid for attendance from the next week's
pay or from any other moneys due to the Employee.
(i)
Where an Employee is sick during a period when leave pursuant to this clause has
been granted, proof of attendance at the course is not required for that period and the
Employee shall receive payment, as entitled under the provisions of clause 24.6
(Personal/Carers Leave) of the Agreement.
(j)
Leave of absence granted pursuant to this clause shall count as service for all
purposes of this Agreement.
(k)
Any dispute as to any aspect of this clause shall be resolved in accordance with clause
31 (Grievance and Dispute Resolution) of this Agreement.
Union Flags
The Company acknowledges that Employees are free to join (or not to join) a trade union.
Where requested by the majority of Employees engaged on a particular project, the Company
may agree to fly union flags on the tower cranes on that project. For clarity, this clause permits
the display of certain union flags noting that any display of a flag conveying that union
membership is other than a matter of individual choice is not permitted under this clause.
Nothing in this clause is to be taken as contrary to Division 4 of Part 3-1 of the Act.
29.9
Location of Discussions
The Company agrees that any meeting of Employees with a Union Delegate/Employee
Representative or Union Official on its projects will be held in the relevant Employee’s crib
room on that project. Where this is not practicable, or where an Employee requests an
alternative location (e.g. for privacy), such meetings will be held at a location on the project
that is mutually agreeable.
29.10
Right of entry
(a)
(b)
Recognition of rights
(i)
The Parties acknowledge the regulation of union entry to workplaces under
the Fair Work Act and the applicable OH&S Act, and recognise their obligation
to comply with the requirements of these laws when rights are being exercised
under that legislation. The Parties agree that nothing in this clause can
deprive any Party of their rights or remedies under the Fair Work Act and the
applicable OH&S Act.
(ii)
The Parties recognise that Union officials can enter a site at the express
invitation of the Company for other purposes and that any such invitation may
be withdrawn at any time at the discretion of the Company.
(iii)
The Company will not refuse or unduly delay entry onto a site by Union
officials who are entitled to enter the site in accordance with the Fair Work Act
and the applicable OH&S Act.
Notice of entry
(i)
When seeking to exercise right of entry pursuant to s.481 of the Fair Work
Act, each Union official must provide a duly completed entry notice outlining
the nature of the breach (including particulars as required by the Fair Work
Act). This notice must be provided in accordance with the Fair Work Act.
(ii)
When seeking to exercise statutory rights of entry for the purposes of
discussions with Employees under s.484 of the Fair Work Act, each Union
official must provide a duly completed entry notice in accordance with the
requirements of the relevant legislation including providing 24 hours' written
notice before the entry.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(iii)
(c)
(d)
Permits
(i)
Each Union official exercising statutory entry rights in relation to the Company
must provide the following to the Company upon request on each occasion
they visit site:
(ii)
their Federal right of entry permit; and
(iii)
if they are exercising a right under the applicable OH&S Act, their permit
under the applicable OH&S Act in addition to their Federal right of entry
permit, and carry them with them at all times whilst on site.
Procedures when entering site
(i)
(e)
When seeking to exercise entry for workplace health and safety purposes
under s.494 of the Fair Work Act, and the relevant provisions of applicable
OH&S Act, the Parties will comply with relevant statutory requirements,
including those relating to entry notices.
Each Union official must, prior to entering and while on any site owned,
operated or occupied by the Company:
(A)
be wearing all suitable personal protection equipment required for that
site;
(B)
identify themselves, including their full names, on request by the
Company, provided that such requests are not repeated unreasonably;
(C)
sign their names in the visitor's register at a designated location on site
(Visitor Register);
(D)
have undertaken or agree to undertake the applicable site visitor
induction, so as to ensure that they are aware of specific safety
requirements at that site at the time of the visit, as required by site
management; and
(E)
comply with all reasonable occupational
requirements that apply to the site.
health
and
safety
(ii)
When leaving any site owned, operated or occupied by the Company, Union
officials will sign out of the Visitor Register.
(iii)
Upon a request made by the Union for a visitor induction for a specific site,
the Company will provide the relevant visitor induction within a reasonable
period.
The Parties recognise the importance and powers of Health and Safety
representatives who are elected under the applicable OH&S Act, in playing a valuable
role in preventing and identifying unsafe conditions and practices, and helping
prioritise the rectification of unsafe areas, in respect of the work group they represent.
30.
Inclement Weather
30.1
The Parties to this Agreement will collectively proceed towards the minimisation of lost time
due to inclement weather. Except where a specific provision of the relevant Regional Appendix
to this Agreement applies, the Parties undertake to adopt the following principles with regard
to inclement weather and idle time created by inclement weather:
(a)
Adoption of a reasonable approach regarding what constitutes inclement weather;
(b)
Employees shall accept transfer to an area or site not affected by inclement weather
if, in the opinion of the Company, useful work is available in that area or site and that
work is within the scope of the Employee’s skill, competence and training consistent
with the classification structure and the Company provides, where necessary,
transport;
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
30.2
(c)
Where the initiatives described in (b) above are not possible or non-productive, the
use of non-productive time will be used for activities such as relevant and meaningful
skill development; production / upgrade of skill modules; presentation and
participation in learning; planning and reprogramming of the project;
(d)
Conference requirement and procedure: The Company shall, when requested by
the Employees or a representative of the Employees, confer (within a reasonable
period of time which should not exceed 30 minutes) for the purpose of determining
whether or not conditions are inclement. Weather shall not be regarded as inclement
unless it is agreed at such conference. Provided that if the Company refuses to confer
within such reasonable period, Employees shall be entitled to cease work for the rest
of the day and be paid inclement weather.
(e)
Safety: Where an Employee is prevented from working at his/her particular function
as a result of unsafe conditions caused by inclement weather, the Employee may be
transferred to other work on site, until the unsafe conditions are rectified. Where such
alternative is not available and until the unsafe conditions are rectified, the Employee
shall remain on site. The Employee shall be paid for such time without reduction of
the Employee’s inclement weather entitlement.
(f)
The principles contained herewith are to be read in conjunction with clause 23
(‘Inclement Weather’) of the Award.
Emergency Works
(a)
Clause 23.6 of the Award (payment of penalty rates in respect of concrete pours) will
also apply in the case of other emergency work.
(b)
Additional provisions regarding inclement weather are provided for in the relevant
Regional Appendix.
31.
Grievance and Dispute Resolution
31.1
The Parties recognise that one of the aims of the Agreement is to eliminate lost time in the
event of a dispute and to achieve prompt resolution. The most effective procedure is for the
responsibility for resolution to remain as close to the source of the dispute as possible. To
this end, the following processes are agreed:
31.2
Disputes Procedure
(a)
It is the express priority of all Parties to attempt to settle a dispute at the workplace
level at first instance. In the event of a dispute occurring, (which may be about a
matter related to this Agreement or any other dispute related to the employment
relationship, or the NES, including subsections 65(5) or 76(4) of the Fair Work Act)
that dispute shall be dealt with according to the following procedure:
(i)
discussion between those directly affected by the dispute at the workplace
level;
(ii)
discussion on the relevant project between the site management and the
Employee affected and/or their Union Delegate/Employee Representative or
other representative;
(iii)
discussion between senior Company management and the Employee
affected and/or their Union Delegate/Employee Representative or other
representative;
(iv)
the appropriate Union Delegate/Employee Representative or other
representative commits to make him/herself available to be involved at any
stage of the procedure as required, or in respect of any potential dispute.
(v)
A dispute will not be referred to the next level of the above procedure until a
genuine attempt to resolve the matter has been made at the appropriate level.
Where a dispute impacts Employees across different sites within a Region or
Regions, the provisions in clauses (i) and (ii) above will not apply.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(b)
Reference to the VBIDP (Victoria)
(i)
(c)
If the dispute occurs in Victoria, and still exists after the above steps in the
disputes procedure has been followed, then either party may refer the dispute
to the Victorian Building Industry Disputes Panel (VBIDP/Disputes Panel).
This sub-clause does not prevent any of the parties to the dispute from
referring the dispute to the FWC either before or after any decision or
recommendation of the VBIDP has been made. If the matter has been
referred to the VBIDP, once a decision has been handed down the matter
may be referred by either party to FWC within 14 days. If such a dispute is
referred from the VBIDP to the FWC, the provisions in clause (c) below will
apply.
Reference to Fair Work Commission (FWC):
(i)
A dispute may be referred to the FWC for conciliation and if required,
arbitration, in either of the following circumstances:
(A)
If the dispute still exists after the above disputes procedure has been
carried out, the dispute may be referred by any of the parties to the
dispute to FWC; or
(B)
If any party to the dispute refuses or fails to follow any step of the above
disputes procedure, within a reasonable timeframe, the non-breaching
party will not be obligated to continue through the remaining steps and
may immediately refer the matter to the FWC.
(ii)
FWC may deal with the dispute using all the procedures available to it under
the Fair Work Act and may attempt to settle the dispute by conciliation or
mediation or, where the parties to the dispute agree, a recommendation or
expression of opinion by FWC. If the dispute remains unresolved, FWC may
settle the dispute by arbitration.
(iii)
A decision of FWC under this dispute resolution procedure will bind the parties
to the dispute. Notwithstanding this, either party to the dispute may exercise
a right of appeal against the decision to a Full Bench of FWC.
(d)
Parties to a dispute may appoint a person or organisation of their choosing to
represent them in the dispute settlement process, including in proceedings in the
FWC.
(e)
Any resolution of a dispute must be consistent with legislative obligations and any
applicable Government procurement policies, procedures, code or other measures
necessary for the Company to be eligible to participate in State or Federal
procurement processes.
32.
Performance Management
32.1
Performance Management General Provisions
(a)
In the event that an Employee fails to maintain satisfactory conduct and/or
performance the following 3 step counselling procedure will be applied.
(b)
An Employee may elect at any step to have their Union Delegate/Employee
Representative, or any other person, present.
(c)
The Employee must be given an opportunity to respond to each allegation.
(d)
At the request of the Employee, copies of any written warnings will be given to the
Union Delegate/Employee Representative or their other representative.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
32.2
Performance Management Procedure
(a)
Step 1–Written Warning
(i)
(b)
(ii)
The issue/s of concern; and
(B)
The standards of improvement required.
If the Employee fails to meet the standards of improvement in accordance
with Step 1, within a reasonable period of time, the Company will have a
further discussion with the Employee in which it will advise the Employee of
the problems the Company believes exists in relation to the Employee’s
conduct and/or performance. If appropriate, the Company will then issue a
final written warning detailing:
(A)
The issue/s of concern;
(B)
The standards of improvement required; and
(C)
That it is a final written warning and that failure to meet the standards
of improvement stated therein may lead to dismissal.
If the Employee’s conduct and/or performance improves and there are no
further concerns with regard to the Employee’s conduct and/or performance
within 6 months of the final warning, the final warning advice then reverts to a
warning as in Step 1. However, notwithstanding this reversion, should a
pattern of behaviour occur where an Employee has received a written warning
letter on more than three occasions, over an 18 month period, in respect of
conduct and/or performance that warrants termination of employment, then
dismissal may be considered an appropriate course of action.
Step 3 – Dismissal
(i)
(d)
(A)
Step 2 – Final Written Warning
(i)
(c)
The Company will have a discussion with the Employee, and the Company
will advise the Employee of the conduct and/or performance concerns that the
Company believes exist in relation to the Employee’s conduct and/or
performance. If appropriate, the Company will then issue a written warning
detailing:
If after receiving a final warning, the Employee’s conduct and/or performance
fails to improve, then the Employee may be dismissed. A written notice of
dismissal will be provided to the Employee by the Company outlining the
reasons for the dismissal.
Exceptions
(i)
For the avoidance of doubt the above procedure does not apply:
(A)
during an Employee’s probationary period; or
(B)
in the instance of a redundancy situation; or
(C)
in cases of serious misconduct. Serious misconduct includes but is not
limited to incidents of theft, assault or fraud. In these instances, an
Employee’s employment may be terminated without the above
procedure being followed; or
(D)
in relation to the application of Consequence Management under the
agreed national Lendlease Building Fitness for Work - Drug & Alcohol
Testing Procedure.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
33.
Redundancy Procedures
33.1
Redundancy Procedure
(a)
Subject to the following procedure, it is agreed that it is the Company’s prerogative to
determine the order of selection of Employees for continued employment or
retrenchment:
(i)
All relevant legislation governing unfair dismissal, discrimination etc. will be
observed.
(ii)
The necessity of maintaining existing supplementary labour will be assessed
(noting the Company’s intention is not to use labour hire to undermine the
employment security of Employees).
(iii)
Voluntary redundancy will be encouraged as a first step.
(iv)
The seniority of Employees (within classifications, experience or skills held)
will be observed by the Company in selecting Employees for retrenchment.
(v)
When any retrenchments are planned there will be suitable consultation with
the Parties regarding all issues relating to the redundancies, including
alternatives to retrenchment and benefits payable.
(b)
An Employee, under notice of redundancy, will be allowed to be absent from work by
prior arrangement with the Company, to seek new employment on any one day during
the week without loss of pay.
(c)
The dispute settlement procedure set out in clause 31 (Grievance and Dispute
Resolution) will apply in the event of any concerns arising regarding retrenchments.
(d)
Redundancy Schemes are in accordance with the relevant Regional Appendix.
34.
Termination
34.1
Except as provided in clause 34.4(e), the notice period for termination shall be as follows:
Period of continuous service Minimum notice period
1 year or less
1 week
More than 1 year - 3 years
2 weeks
More than 3 years - 5 years
3 weeks
More than 5 years
4 weeks
34.2
If an Employee is over the age of 45 years old, and has completed at least two years of
continuous service at the end of the day notice is given, the Employee receives an additional
one week’s notice.
34.3
Abandonment of employment
(a)
An Employee who is absent from work for a period exceeding ten consecutive working
days on unapproved leave and without notification to the Company, will be considered
to have abandoned their employment provided that:
(i)
The Company has made reasonable attempts to contact the Employee in
writing within this timeframe to advise the Employee that should they fail to
contact the Company and provide a reasonable excuse for their absence,
their employment may be terminated;
(ii)
It is recognised that in some circumstances, an Employee may not be able to
contact the Company within this timeframe due to illness and/or injury. In
these instances, consideration will be provided as to whether termination is
appropriate.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
34.4
(b)
An Employee will not be considered to have abandoned their employment if they were
absent for reasonable cause.
(c)
Termination of employment by abandonment in accordance with this clause will take
effect from the later of the date:
(i)
of the Employee’s last attendance at work; or
(ii)
from which the Employee last had approval of the Company to be absent.
Termination Requirements
(a)
Statement of Service
The Company shall provide to each terminated Employee a written statement
specifying the period of employment and the classification or type of work performed
by the Employee.
(b)
Payment of accrued entitlements
The Company shall pay each terminated Employee any outstanding wages, annual
leave and leave loading, and RDOs accrued.
(c)
Public Holiday Payment
Where an Employee is terminated by the Company except for reasons of misconduct,
incompetence or refusal of duty, the Company will pay the Employee a day’s ordinary
wages for each public holiday or each public holiday in a group which falls within ten
consecutive calendar days after the day of termination.
(d)
Group of Holidays
Where any two or more of the public holidays occur within a seven (7) day span such
holidays will for the purpose of this Agreement be a group of holidays. If the first day
of the group falls within ten consecutive days after termination, the whole group will
be deemed to fall within the ten consecutive days. Christmas Day, Boxing Day and
New Year's Day shall be regarded as a group for the purposes of this clause.
(e)
Union Delegate/Employee Representative or Health and Safety Representatives
In cases where the Company is considering terminating (or transferring) the services
of an elected Union Delegate/Employee Representative or a Health and Safety
Representative, a ten day mandatory consultation period shall be initiated by the
Company with the affected Employee and his/her representative, which may be the
Union, prior to any final decision on termination or transfer being made. The affected
Employee will be immediately advised of the initiation of the consultation period and
shall remain on the job during the consultation process.(except in cases where
clauses 32.2(d) (i)(C) and (D) apply).
If the Company fails to comply with any of these requirements, the notice period that
the Company must give to the affected Employee shall be increased to four (4) weeks.
(f)
Payment in Lieu of Notice
When an Employee’s employment terminates the Employee may at the Company’s
discretion, be paid in lieu of their notice entitlement in accordance with the NES. For
the avoidance of doubt, this provision does not apply to circumstances of serious
misconduct (where no notice of termination is required).
(g)
Payment of Wages
When an Employee leaves their employment of their own accord (e.g. resignation),
their termination pay will be banked into their account at the end of the next pay period.
Where the Company terminates an Employee, their termination pay will be banked
into their account within two business days of termination, unless otherwise agreed in
writing between the Company and the Employee.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Any time spent waiting for payment beyond the periods referred to above shall be
paid:
(i)
at ordinary rates; and
(ii)
at the rate of up to eight hours’ pay per day.
35.
Site Access Systems
35.1
Site access issues shall be discussed on a site by site basis between the Parties.
35.2
The particular type of system to be installed will be reviewed for each project having regard to
client requirements, the project’s hours of work, work force numbers and available technology
in order to alleviate ’bottle necks’ and inconvenience to workers in its operations.
35.3
Information gathered will reflect information supplied during the induction process. The
purpose of any electronic and/or computerised system is not to operate as a ‘bundy clock’.
35.4
The Company will comply with the National Privacy Principles in the Privacy Act 1988 (Cth) in
relation to any information they hold in relation to Employees under this Agreement.
36.
Site Record Keeping
The Company will maintain a current record of all Employees and sub-contractors on site.
37.
Posting of Agreement and notices
A true copy of this Agreement shall be exhibited in a conspicuous and convenient place on
the Company’s projects that are covered by this Agreement, so as to be easily read by
Employees.
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Lend/ease Building I CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
38.
Execution of Agreement
Signed on behalf of Lendlease Building Pty Ltd
Name:
Dale Connor
Explanation of Authority:
Position: Managing Director, Building.
Address:
c/-Level14, Tower Three, International Towers
E
ge Place, 200 Barangaroo Avenue,
ydney $ 2000.
Signature:
Date:
\
I
Signed on behalf of Lend lease Building Contractors Pty Ltd
Name:
Dale Connor
Explanation of Authority:
Position: Managing Director, Building.
Address:
Barangaroo
Avenue,
Signature:
Date:
Signed on behalf of the CFMEU as the bargaining representative for the Employees
Name:
Dave Noonan
Explanation of Authority:
Position: National Secretary, Construction
Forestry, Mining and Energy Union
(Construction and General Division).
Address:
c/- Level 9, 215-217 Clarence Street, Sydney
NS~O~
Signature:
Date:
J. 1 Od obel
cJOf(o
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Appendix 1: Living Away From Home Allowance
1.1
Qualification
(a)
(b)
1.2
(i)
The Employee is not in receipt of relocation benefits;
(ii)
The Employee is maintaining a separate place of residence to which it is not
reasonable to expect the Employee to return each night; and
(iii)
The Employee on being requested by the Company informs the Company, at
the time of engagement, that the Employee maintains a separate place of
residence from the address recorded on the job application.
Subject to clause 1.2 below an Employee is regarded as bound by the statement of the
Employees’ address and no entitlement shall exist if unknowingly to the Company the
Employee wilfully and without duress made a false statement in relation to the above.
Employee’s address
(a)
1.3
An Employee shall be entitled to the provisions of this clause when employed on a job
or construction work at such a distance from the Employee’s usual place of residence
that the Employee cannot reasonably return to that place each night (i.e. distant work)
under the following conditions:
The Company shall require and the applicant shall provide the Company with the
following information, in writing, at the time of engagement:
(i)
the address of the place of residence at the time of application; and
(ii)
the address of the separately maintained residence, if applicable.
(b)
Provided however, that the Company shall not exercise undue influence, for the
purpose of avoiding its obligations under this Appendix, in persuading the existing
Employee to insert a false address.
(c)
No subsequent change of address shall entitle an Employee to the provisions of this
clause unless the Company agrees.
(d)
Documentary proof of address such as a long service leave registration card or driver’s
licence may be accepted by a Company as proof of the Employee’s usual place of
residence.
(e)
The address of the Employee’s usual place of residence and not the place of
engagement shall determine the application of this clause.
(f)
Any dispute arising in respect of this clause shall be dealt with in accordance with
clause 31 (Grievance and Dispute Resolution) of this Agreement.
Entitlement
Where an Employee qualifies under clause 1.1 of this Appendix the Company shall:
(a)
pay an allowance of $770.00 per week of seven days but such allowance shall not be
wages. In the case of broken parts of the week occurring at the beginning or the ending
of the employment on a distant job the allowance shall be $150.00 per day. Provided
that the foregoing allowances shall be increased if the Employee satisfies the Company
that the Employee reasonably incurred a greater outlay than that prescribed. In the
event of disagreement, the matter may be dealt with in accordance with clause 31 –
(Grievance and Dispute Resolution) of this Agreement. In addition, $12.00 shall be
paid for each night the Employee is required to be away from home; or
(b)
provide the Employee with reasonable board and lodging (‘reasonable board and
lodging’ shall mean lodging in a well-kept establishment with three adequate meals
each day, adequate furnishings, good bedding, good floor coverings, good lighting and
heating with hot and cold running water, in either a single room or twin room if a single
room is not available).
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
1.4
Travelling expenses
An Employee who is sent by a Company or selected or engaged by a Company or agent to go
to a job which qualifies the Employee to the provision of this clause shall not be entitled to the
Travel Allowance prescribed by the relevant Regional Appendix for the period occupied in
travelling from the Employees’ usual place of residence to the distant job, but in lieu thereof
shall be paid:
(a)
(b)
(c)
Forward journey
(i)
The time spent in travelling, at ordinary rates up to a maximum of eight hours
per day for each day of travel (to be calculated as the time taken by rail or the
usual travelling facilities).
(ii)
The amount of a fare on the most common method of public transport to the
job (bus; economy air; second class rail with sleeping berths if necessary,
which may require a first class rail fare) and any excess payment due to
transporting tools if such is incurred.
(iii)
Any meals incurred while travelling at the rate of meal allowance as stipulated
in the relevant Regional Appendix.
(iv)
Provided that the Company may deduct the cost of the forward journey fare
from an Employee who terminates or discontinues employment within two
weeks of commencing on the job and who does not forthwith return to the
Employee’s place of engagement.
Return journey
(i)
An Employee shall, for the return journey, receive the same time, fares and
meal payments as provided in clause 1.4(a) above, together with an amount of
$20.81 to cover the cost of transport and transporting tools from the main public
transport terminal to the Employee’s usual place of residence.
(ii)
Provided that the above return journey payments shall not be paid if the
Employee terminates or discontinues employment within two months of
commencing on the job or is dismissed for incompetence within one working
week of commencing on the job, or is dismissed for misconduct.
Departure point
For the purpose of this clause, travelling time shall be calculated as the time taken for
the journey from the Central or Regional rail, bus or air terminal nearest the Employee’s
usual place of residence to the locality of the work.
1.5
Daily fares allowance
An Employee engaged on a job who qualifies under the provisions of this clause and who is
required to reside elsewhere than on the site (or adjacent to the site and supplied with transport)
shall be paid the allowance prescribed in the relevant Regional Appendix.
1.6
Weekend return home
(a)
An Employee who works as required during the ordinary hours of work on the working
day before and the working day after a weekend and who notifies the Company or
Company’s representative, no later than Tuesday of each week, of the Employee’s
intention to return to the Employee’s usual place of residence at the weekend and who
returns to such usual place of residence for the weekend, shall be paid an allowance
of $35.28 for each occasion.
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(b)
Clause 1.6(a) above shall not apply to an Employee who is receiving the payment
prescribed in clause 1.3(a) above in lieu of board and lodging being provided by the
Company.
When an employee returns to the Employee’s usual place of residence for a weekend
or part of a weekend and is not absent from the job for any of the ordinary working
hours, no reduction of the allowance prescribed in clause 1.3(a) above shall be made.
1.7
Alternative paid day off procedure
If the Company and the Employee so agree in writing, the paid rostered day off as prescribed
in the relevant Regional Appendix, may be taken, and paid for at the end of the project, or on
termination whichever comes first.
1.8
Termination
An Employee shall be entitled to notice of termination in sufficient time to arrange suitable
transport at termination or shall be paid as if employed up to the end of the ordinary working
day before transport is available.
1.9
Rest and Recreation
The provisions of the Award will apply.
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Appendix 2: Skill Development Line
1.1
Information regarding specific skills required for individual competencies identified in the below
table can be found in the CW Skill Development Manual.
1.2
The skill level for an Employee will be assessed in accordance with the following table:
SKILL DEVELOPMENT LINE
Competency Required
Skill Level
classification
New Entrant
CW1
Core Skills: Mandatory (must
complete all)
CW2
Note to advance in
a specialist career
path stream
competency must
be gained in all
requirements of the
chosen elective
stream commencing
from skill level 2.
LL Corporation Orientation
BLL Induction
Introduction to CW Skills Manual
Intro to BLL Academy & CW
Training
General
Industry
Induction
Manual handling
Safety Passport
Lendlease Safety Passport
Computer basics 1
Communication & Organisation 1
Minimum of:
Elevated Work platform (Scissor
lift) or
Elevated Work Platform (Boom
lift)
Company industrial Background
Workplace
Organisational
Structure
Site Maintenance
Hand tool use & safety
Power tool use and safety
Cut/Drill & Fix
Fire extinguisher use and safety
EHS Matrix Tasks no.s 0, 16 and
18
Communication & Organisation 2
Plant & equipment awareness
Introduction to plan reading
General Construction
Calculation of quantities
General setting out
Restricted height scaffolding
Senior first aid
Materials handling and stacking
Non-Mandatory Items
EHS Matrix task no’s 15 and 39
Elective Skills
Nil
Nil
An Employee must complete a
minimum of 9 of the identified
electives
Structure
Concrete tools, placement & finish
Basic formwork
Basic steelfixing
Finishes
Brickwork & blockwork
Cement render
Wall and floor tiling
Wall and floor frames
Plasterboard installation
Surface preparation and painting
Materials Handling
Preliminary rigging
Dogging
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SKILL DEVELOPMENT LINE
Competency Required
Skill Level
classification
Core Skills: Mandatory (must
complete all)
Elective Skills
EHS Reps & Site Management
Preliminary rigging
Dogging
Computer basic 2
EHS Matrix task no. 15
Automated external defibrillation
CW3
Communication & organisation 3
Defects clearance
Sustainability 3
Image branding and awareness
RMS (Blue) traffic controller
Minimum of 2 of the following
skills:
Set-out & survey
Codes of practice
Oxy Acetylene Use and safety
Welding (non-structural)
Gate and traffic management
EHS matrix tasks no.s 10, 13, 20
& 29
A minimum of 12 of the identified
electives or complete all items in a
selected Specialist Stream.
Structure
Explosive powered tool
General concreting (Cert II)
Steelfixing (Cert II)
Erect & Strip formwork 3
Finishes
Explosive powered tool
Masonry
Paving
Render
Wet Area fitout works 3
General fitout works 3
Materials Handling
Forklift operation
Dogging 3
Rigging 3 (basic)
Hoist Operation 3
Load shifting equipment 3
Scaffolding 3 (basic)
General crane operation
EHS Reps & Site Management
Explosive powered tool
EHS Matrix Task No’s 10, 13, 20 & 29
Working with asbestos
Scaffolding 3 (Basic)
Computer Basics 3
RMS (Yellow) Apply traffic control
plans (or equivalent)
EHS Reps
Occupational First Aid
Site Management
Dilapidations & defects management
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SKILL DEVELOPMENT LINE
Competency Required
Skill Level
classification
CW4
Specialist
Skills
(Completion of an
industry
related
trade
course
provides
competence
and
close out of Skill
Level 4 electives)
Core Skills: Mandatory (must
complete all)
Communication & organisation 4
Management systems awareness
Advanced plan reading
Sustainability 4
Non-Mandatory Items
•
EHS Matrix task no.s 6 & 8
Elective Skills
A minimum of 7 of the identified
electives (excluding EHS Tasks)
must be completed.
Structure
General concreting (cert III)
Steelfixing (cert III)
Site administration awareness
Erect and strip formwork 4
Finishes
Wet area fitout works 4
General Fitout works 4
Site Administration Awareness
Materials Handling
Dogging 4
Rigging 4 (Intermediate)
Site Administration Awareness
Scaffolding 4 (intermediate)
Load shifting equipment 4
Hoist Operation 4
Slewing crane operation
EHS Reps & Site Management
EHS Matrix Task no’s 6 & 8
Site Administration Awareness
EHS IT skills
Hazardous Substance & Dangerous
goods
Optional
EHS
Reps
&
Site
Management
RMS (Orange) Design/Inspect TCP’s
(or equivalent)
RMS (Red) Select/Modify TCP’s (or
equivalent)
CW5
Mandatory Skills
Management 5
Supervision 5
Site Estimation
Non-Mandatory Items
•
EHS Matrix Task No.s 1, 5,
11, 12, 17, 21, 22,30, 31
A minimum of 14 of the identified
electives or all items in the selected
Specialist Stream.
Specialist Skills
Note: Automatic completion of SL5
electives is gained if a CW is deemed a
specialist by the Assessor and Assessor
Committee in any of these categories:
Master Craftsman
Builder 5
Workplace Assessor (cert iv)
Workplace Trainer (cert iv)
Industrial Co-ordination
Load shifting equipment
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SKILL DEVELOPMENT LINE
Competency Required
Skill Level
classification
Core Skills: Mandatory (must
complete all)
Elective Skills
Materials Handling
Materials Coordination
Dogging 5
Rigging 5 (Advanced)
Scaffolding 5 (Advanced)
Load Shifting Equipment 5
Hoist operation 5
Leadership development
Tower crane operation
EHS Reps & Site Management
EHS Matrix Task no.s 1, 5, 17, 21, 26
and 31
Leadership Development
EHS Reps
General EHS Rep skills
Site Management
Leadership Development
Metal roofing
Masonry 5
Waterproofing
Acoustics
Facades
Passive fire
Building Code of Australia
Quality Management
CW6
Mandatory Skills
Self Management 6
Site administration 6
Materials movement 6
Supervision 6
Problem solving 6
Customer service
Non-Mandatory Items
EHS Matrix Task no.’s 2, 3, 4, 7, 9,
23, 24, 25, 26, 27, 28, 32, 33, 34,
36, 37
All items must be completed in the
Employees
relevant
specialist
stream.
Materials Handling, EHS Rep and Site
Management
Work Priorities (Cert III)
Team Effectiveness (Cert III)
Operations Plans (Cert III)
Workplace Relationships (Cert III)
Customer Service Management
Work Safely (Cert III)
EHS Task no’s 9, 23, 24, 27, & 36
Project Planning
EHS Specialist
EHS Specialist (Safety Professional)
Site Management
Site Planning and Controls
Services
Commissioning
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SKILL DEVELOPMENT LINE
Competency Required
Skill Level
classification
CW7
CW8
CW9
Core Skills: Mandatory (must
complete all)
Mandatory Skills
Self Management 7
Site Administration 7
Materials Movement 7
Supervision 7
Builder 7
Problem Solving 7
Mandatory Skills
Site Establishment & Maintenance
Site Administration 8
Controls 8
Supervision 8
Builder 8
Customer relationships
Mandatory Skills
Self Management 9
Client relations
Controls 9
Supervision 9
Site Administration 9
Builder 9
Elective Skills
Optional Specialist Skills
Contracts Administration 7
Financial administration 7
Optional Specialist Skills
Contracts administration 8
Financial Administration 8
Design Administration 8
Optional Specialist Skills
Head Contracts
Financial Administration 9
Consultant Management
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Appendix 3: Skills Development Program
1
Introduction
1.1
The Parties to this Agreement have identified the need to develop Companies of highly skilled
Employees recognised and rewarded for their skills and for their contribution in the workplace.
To achieve this, a Skill Development Line has been developed that:
(a)
is suited to the preferred work organisation and on-the-job learning;
(b)
provides a career progression for Employees;
(c)
reward skills acquired, in terms of both depth and breadth; and
(d)
has components that can be nationally endorsed by the relevant construction industry
skills council for industry-wide acceptance and portability, and components which are
specific to the Companies only.
1.2
Skill development will be provided in accordance with the Skill Development Line through
structured learning in the workplace, on-the-project learning with skill development modules
and off-the-project learning through external program. Skill development outside the skills
development line and the Employee's learning agreement will be considered on its merits and
in terms of its applicability to the business.
1.3
Current and new Employees will enter the Skill Development Program and shall undertake
necessary retrospective skills development in accordance with the skills development line.
1.4
Where appropriate, Employees should have their current skills assessed against the nationally
recognised competency standard relevant to their work.
2
Definitions
’Assessment’ is the method used to measure the competency level of an Employee against a
set standard.
’Elements’ are the components of a skill development module and will address the training
requirements for the skill, etc using classroom techniques, on the job skilling, self-paced
computer based techniques or other skill development techniques as introduced from time to
time.
’Employee Skill Development Plan’ refers to the particular program of learning which has been
mutually agreed between the Employee and their supervisor.
’Entry assessment’ is an assessment of the current skills of an Employee upon commencement
of the Skills Development Line and is used to assist in determining the individual's skill
development plan. Entry assessment is also designed to determine whether a particular
individual meets the set standard of competency and hence is exempt from a relevant skill
development module or course.
’External Program’ refers to skill development, which has been nominated for inclusion within
the skills development line, conducted by an external body which sets the standard of
competency to be achieved.
’General, Common and Lendlease Skills’ are the skills which may be undertaken at each level.
’Essential Learning, General Skills, Common & Specific Hand Skills and General EHS Skills’
are the Core Skills which may need to be undertaken at each level.
’Industry Recognition’ is awarded to the Employee who reaches a set industry standard of
competency in a skill, and endorsed at that standard by an approved assessor within the
guidelines of the relevant construction industry skills council.
’Learning Program’ is made up of Work Based Learning which is linked to the work role in the
following ways:
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(a)
’On-the-job Structured Learning’ occurs when an Employee is allocated work activities
which are productive and at the same time provide an opportunity for learning.
(b)
’Off-the-Project Learning’ which by participating in internal/external programs, provides
learning opportunities for the Employee away from the workplace.
’Performance Appraisal’ is the mutual agreement between the Employee and the supervisor,
that agrees the Learning Program to be undertaken by the Employee to move to the next level
in the Skills Development Line.
’Pre-assessment’ is an assessment of an Employee at the completion of each skill development
module which is designed to indicate whether the Employee has reached the set standard of
competency.
’Skill development module’ is a learning program for a set of skills relating to the Employees
work in the Companies. Each module consists of one or more elements.
‘Skill Development Manager’ means the relevant regional training manager and/or Business
Unit Manager.
3
Assessment
3.1
Any Employee who is pre-assessed and is able to demonstrate the set standard of competency
prior to undertaking a Skill Development module or course will not be required to undertake that
particular Skill Development module or course and will be recognised in accordance with the
Skills Development Line.
3.2
At the completion of a Skill Development module the Employee shall be objectively assessed
according to a set standard. If the Employee achieves this set standard the Employee will be
deemed to be competent for the purpose of that Skill Development module, and will be
recognised.
3.3
To formalise recognition the Employee will be issued with either:
(a)
a certificate, recognised by the Company, which confirms his/her recognition for the
skill nominated; or
(b)
a certificate of competency, issued by an RTO accredited to provide such training,
where the training is part of a national qualification endorsed by the Australian Industry
Skills Council (or its successor).
3.4
The set standards referred to above will be established by management in consultation with the
Skill Development Committee. This set standard will be used in entry assessment, preassessment and skill development module assessment. The set standard will form part of the
appropriate Skill Development module.
3.5
The Skill Development Committee will nominate and maintain a list of all approved Company
assessors for each skilling module.
3.6
A register containing details of the skills recognised for each Employee under the Skills
Development Program will be maintained. Each Employee or the Employees duly authorised
representative will have access to the Employee's personal register.
4
Recognition
The Company agrees that as far as is practicable, registration of modules, trainers, assessors
and skill centres will conform to industry standards.
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5
Common, General and Lendlease Skills
5.1
There are a number of skill development modules which are deemed to be core skills, for each
level, they are:
(a)
General Skills (mandatory)
These are Communication, EH&S, Plan Reading, Sustainability, Plant & Equipment
and Organising Work. These are skills that have been proposed within industry as
prerequisites under any skill development system. They will be included at selected
levels of the skills development line and aim to provide base or minimum skills for all
Employees.
(b)
Common Skills (mandatory)
These are skills that have been proposed within the industry as prerequisites under any
Skill Development system.
These are task skills and knowledge that are required by all site Employees. It is
proposed that these skills be mandatory at all levels.
(c)
Lendlease Skills & Knowledge (optional)
At the entrant level, as part of the induction process it is proposed that probationary
Employees gain a detailed knowledge of the various features of the Company,
conditions of employment and major policies/initiatives of the Company. This will
include areas such as Employees benefits, safety systems, the environment and
workplace reform. It is also likely that Employees will get updates of this knowledge at
regular periods beyond the entrant level.
Essential Learning, General Skills, Common & Specific Hand Skills and General EHS
Skills.
5.2
There are a number of skill development modules, tickets and training requirements which are
deemed to be core skills, for each level, they are:
(a)
Essential Learning (mandatory)
New Starters - These are Orientation, Lendlease Induction, Introduction to the CW
Skills Manual and Training resources, Industry Induction, Manual Handling Training
and the Lendlease Safety Passport.
(b)
Skill Level 1 – Computer Basics 1
These are skills that have been agreed as prerequisites under the Skill Development
system. They will be included at the specific levels of the skill development line and aim
to provide base or minimum skills for all Employees.
(c)
Common & Specific Hand Skills (mandatory)
These are skills that have been proposed within the industry as prerequisites under any
Skill Development system.
These are task skills and knowledge that are required by all site Employees. It is
proposed that these skills be mandatory at all levels.
(d)
General EHS Skills (mandatory)
These are the EHS skills and additional training requirements to be completed if within
individual’s CW Skills Classification level and if required for specific tasks identified as
part of an individual CW’s project role and responsibility as specified in the Lendlease
‘EHS Task and Position Competency Matrix’.
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(e)
Lendlease Skills & Knowledge (optional)
At the entrant level, as part of the induction process it is proposed that probationary
Employees gain a detailed knowledge of the various features of the Company,
conditions of employment and major policies/initiatives of the Company. This will
include areas such as Employee benefits, safety systems, the environment and
workplace reform. It is also likely that Employees will get updates of this knowledge at
regular periods beyond the entrant level.
5.3
At levels beyond entrant level, consistent with the ideal of creating self-managed work area
teams, it is proposed that a range of soft and management skills be available to Employees.
These skills are optional at all levels through the Skill Development Line, though it should be
noted that they are key skills as Employees take on roles that include coaching, facilitating,
coordinating and which are more aligned with current management roles.
6
Task Specific Skills
6.1
These skills form a large component of the Skill Development Line and are the task and
technical skills that Employees apply in carrying out work on site. By definition, tasks are routine
by nature, have a sequence of steps, have a definite start and finish and produce a tangible
outcome. The task skills have been grouped to suit the favoured work organisation and placed
in levels to reflect increasing complexity.
6.2
Given that there exists the industry benchmark of a trade qualification that is gained by either
undertaking an apprenticeship (‘fast track’ learning) or by learning the skills over a longer period
of time on the job, this benchmark has been reflected in the model. This also enables learning
objectives that currently exist in the TAFE curriculum to be used as guides for the levels and
scope of Employee skills. The trade level in the model is level 4.
6.3
The preferred skill formation concept is based on skills being learnt on-the-job ie. in performing
the work in a team, skills can be shared and transferred. As a result, and respecting the levels
in a current trade course, Employees skill acquisition is very closely related to the work
performed.
6.4
That is, they will perform tasks needed most of the time using skills at a higher level but will
also have secondary skills at lower levels that will be used less of the time.
6.5
In achieving level 2, Employees gain a broad range of skills at a low level, being secondary
skills for general application in that team. In achieving level 3, approximately half the skills will
be secondary and the other half in a primary skill. This is the first specialisation that Employees
undertake. In achieving level 4 another primary skill is learnt and practised and one optional
skill which extends one of the primary skills to the level of TAFE tradesperson. Some skills will
have prerequisites that require a particular sequence of modules to be undertaken to progress.
6.6
In achieving level 4 additional Core Skills are learnt and practised along with selected Elective
Skills to the level of TAFE tradesperson. Some skills will have prerequisites that require a
particular sequence of modules to be undertaken to progress.
6.7
At levels 5 and 6 opportunity exists for Employees to specialise further through undertaking
more advanced versions of their primary skill or develop skills which make them technical
experts in the technical aspects of work undertaken.
6.8
At level 7, 8 and 9, there is a greater focus on skills such as leadership and organisational skills.
These are the types of skills that will aid in enabling an Employee to become genuinely selfmanaged and will include cost controls and budgets, estimating, counselling and performance
appraisal, etc. They will also provide the link for Employee's career progression to supervisory
position.
6.9
Skill Level Requirements
These are specified within each skill level of the CW Skill Development Manual, as amended
from time to time, which is issued to all Employees and covers requirements to satisfy the Core
and Elective skills.
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7
Skills Development Line
7.1
The Skill Development Line, will be adapted for the life of this Agreement.
7.2
Table 1 outlines the skill levels:
Skill Level
Relativities % of Base Pay
Induction
85.0
Level 1
92.0
Level 2
95.0
Level 3
97.5
Level 4
100.0
Level 5
105.0
Level 6
110.0
Level 7
115.0
Level 8
120.0
Level 9
125.0
7.3
Progression from level to level after completion of skills modules and in accordance with the
skills development line is directly dependent on gaining registration for successfully completing
Skill Development modules and courses or by pre-assessment.
7.4
Progression through the skill development line will be competency based but may also include
some time based elements. Competency based assessments allow recognition of a skill on
the satisfactory completion of a specified task to a particular quality within an acceptable time.
8
Induction
8.1
All new Employees to the Company, regardless of entry level, will undertake a four week
Probationary Company Induction Period.
8.2
During this period if no formal evidence of skills or qualification is provided at the time of
employment, Employees will be paid at the induction rate, and will undergo an assessment.
Following assessment, the revised rate of pay will be applied, in accordance with the individual’s
skill level (as per the skill development line) from the date of employment.
9
Employee Skill Development Plan
9.1
To enable each Employee to progress along the Skill Development Line, an individual
Employee Skill Development Plan will be formulated between the Employee and the supervisor
that will take into account the needs of the individual and the Company.
9.2
Once the Skills Development Plan has been mutually agreed the Employee and the supervisor
enter into a ‘learning agreement’.
9.3
Should an Employee have reason to question the implementation of his/her Skill Development
Plan, the matter may be referred to the relevant Skill Development Manager.
9.4
Every endeavour will be made to schedule appropriate skilling in a reasonable time frame,
dependent on site learning opportunities, skilling resources, personnel, etc.
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9.5
The Employee Skill Development Plan should be formally reviewed every six months by the
Supervisor and the Employee. When the Employee has completed and passed all competency
standards to progress to the next level, a new Employee Skill Development Plan will be
established using the ‘Recommended Learning’ section of the Skills Database Employee
Sheet.
9.6
Skills gained outside the agreed Learning Agreement will not be recognised or paid for unless
the Employee is directed to use these skills.
10
Changes to the Company Skills Development Program
10.1
It is accepted that it may be necessary from time to time to amend or delete Skill Development
modules/courses or adjust the Skills Development Line.
10.2
Proposed variations are to be submitted to the Skill Development Committee who will invite
submissions from the Parties and after the lapse of a specified period, advise the Parties to the
agreement of any changes to the Skills Development Program.
10.3
A change will not disadvantage Employees who are undertaking a skilling module/course at the
time of the variation or Employees who have already received recognition for the skilling
module/course.
11
Skills Development Committee
11.1
The Parties agree to the continuance of the Skills Development Committee that will review and
advise the Company on the following issues:
(a)
Competency standards as proposed by management and Employees under the
guidelines of the relevant construction industry skills council;
(b)
Relativity among skills modules;
(c)
Consistency of standards;
(d)
Meeting of industry standards (as minimum) in terms of modules, trainers/assessors
and skill centres; and
(e)
Maintenance and improvements to the Skill Development Line CW1-9.
11.2
The committee will be a national committee and will consist of and equal mix of Employee and
Company management representatives. It will be chaired by the Company Skills Development
Manager. Industry representation will be encouraged to attend these meetings.
11.3
The committee will also advise the Skills Development Manager in setting guidelines for the
following issues:
(a)
Providing input into industry standards;
(b)
Reviewing current skill levels;
(c)
Design at individual Learning Program;
(d)
Skill Development Plan;
(e)
Learning Agreements;
(f)
Monitoring progress;
(g)
Development of training material;
(h)
Coordinating update of modules;
(i)
Coordinating the publishing of material;
(j)
Monitoring the life cycle of modules.
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Appendix 4: Australian Capital Territory
1.
Application
This Appendix will apply to Employees performing work for the Company in the Australian
Capital Territory (ACT).
2.
Wages
2.1
Weekly Rate of Base Pay
Employees will be paid a Weekly Rate of Base Pay in accordance with the following table:
2.2
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$1,132.91
$1,189.55
$1,249.03
$1,311.48
CW1
$1,198.19
$1,258.10
$1,321.00
$1,387.05
CW2
$1,229.58
$1,291.06
$1,355.61
$1,423.39
CW3
$1,254.36
$1,317.08
$1,382.93
$1,452.08
CW4
$1,278.99
$1,342.94
$1,410.09
$1,480.60
CW5
$1,333.66
$1,400.34
$1,470.36
$1,543.88
CW6
$1,389.87
$1,459.37
$1,532.34
$1,608.95
CW7
$1,446.07
$1,518.37
$1,594.29
$1,674.01
CW8
$1,501.44
$1,576.51
$1,655.33
$1,738.10
CW9
$1,555.45
$1,633.22
$1,714.88
$1,800.63
Weekly Productivity Benefits
In addition to the Weekly Rate of Base Pay Employees will be paid Weekly Productivity Benefits
in accordance with the following table:
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$198.19
$208.10
$218.50
$229.43
CW1
$211.24
$221.80
$232.89
$244.54
CW2
$216.93
$227.78
$239.17
$251.12
CW3
$221.48
$232.55
$244.18
$256.39
CW4
$225.88
$237.17
$249.03
$261.48
CW5
$235.52
$247.29
$259.66
$272.64
CW6
$244.73
$256.97
$269.82
$283.31
CW7
$254.11
$266.82
$280.16
$294.16
CW8
$263.41
$276.58
$290.41
$304.93
CW9
$272.71
$286.34
$300.66
$315.69
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2.3
2.4
Tool Allowance
(a)
In lieu of the tool and employee protection allowance under clause 20.1 of the Award,
the following weekly Tool Allowance will be paid to Employees to cover the cost of hand
tools provided by Employees in order to carry out their duties.
(b)
The Tool Allowance will be paid as a component of the Employee Benefit Rate and is
not paid as an additional stand-alone allowance.
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$0.00
$0.00
$0.00
$0.00
CW1
$9.41
$9.88
$10.37
$10.89
CW2
$18.78
$19.72
$20.71
$21.75
CW3
$28.18
$29.59
$31.07
$32.62
CW4 - 9
$37.57
$39.45
$41.42
$43.49
Employee Benefit Rate (EBR)
Employees will be paid an all-purpose Employee Benefit Rate comprised of the following weekly
amounts:
(a)
Weekly Rate of Base Pay;
(b)
Weekly Productivity Benefits; and
(c)
Tool Allowance.
The EBR will be as follows:
1/01/2016
New
Ent.
CW1
CW2
CW3
CW4
CW5
CW6
CW7
CW8
CW9
1/02/2017
1/02/2018
1/02/2019
Weekly
Rate
$1,331.10
per
hour
$36.97
Weekly
Rate
$1,397.65
per
hour
$38.82
Weekly
Rate
$1,467.53
per
hour
$40.76
Weekly
Rate
$1,540.91
per
hour
$42.80
$1,418.83
$39.41
$1,489.78
$41.38
$1,564.26
$43.45
$1,642.48
$45.62
$1,465.30
$40.70
$1,538.56
$42.74
$1,615.49
$44.87
$1,696.26
$47.12
$1,504.02
$41.78
$1,579.22
$43.87
$1,658.18
$46.06
$1,741.09
$48.36
$1,542.44
$42.85
$1,619.56
$44.99
$1,700.54
$47.24
$1,785.57
$49.60
$1,606.74
$44.63
$1,687.08
$46.86
$1,771.43
$49.21
$1,860.00
$51.67
$1,672.18
$46.45
$1,755.79
$48.77
$1,843.58
$51.21
$1,935.75
$53.77
$1,737.75
$48.27
$1,824.64
$50.68
$1,915.87
$53.22
$2,011.66
$55.88
$1,802.42
$50.07
$1,892.54
$52.57
$1,987.17
$55.20
$2,086.53
$57.96
$1,865.72
$51.83
$1,959.01
$54.42
$2,056.96
$57.14
$2,159.81
$59.99
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
3.
Allowances
3.1
Travel Allowance
(a)
In lieu of the relevant fares or travelling allowances under the Award, the Employees
will be paid the below allowance; and
(b)
This travel allowance will be paid for days worked (including RDOs).
Travel Allowance
3.2
1/02/2017
1/02/2018
1/02/2019
$40.83
$42.87
$45.01
$45.01
Meal Allowance
(a)
In lieu of the meal allowance and rest periods/crib time provisions of the Award (clauses
20.2, 35.3(b), 35.3(c) and 35.3(d)), the following will apply:
(i)
Monday to Friday: An Employee required to work overtime, after working
Ordinary hours, for at least one and a half (1.5) hours shall be paid the specified
amount in the table below to meet the cost of a meal. For each further 4 hours
worked past the one and a half (1.5) hours, the Employee will also be paid the
specified amount in the table below to meet the cost of a meal; and
(ii)
Weekends/Public Holidays: An Employee will be entitled to be paid the
specified amount in the table below for each meal after the completion of each
four hours worked from the commencement of overtime.
Meal Allowance
3.3
1/01/2016
1/01/2016
1/02/2017
1/02/2018
1/02/2019
$28.80
$28.80
$28.80
$28.80
Responsibility Allowance
(a)
A Responsibility Allowance (in lieu of Leading Hand Allowance under the Award, clause
19.2) is payable when the following employment conditions apply:
Level 1 Allowance Eligibility:
(i)
An Employee who is required to have up to five Employees under his or her
supervision; or
(ii)
An Employee who is required to supervise the work of a subcontractor, taking
the responsibility for safety, quality and logistics.
Level 2 Allowance Eligibility:
(iii)
An Employee who is required to have six or more Employees under his or her
supervision; or
(iv)
An Employee who is required to supervise the work of several subcontractors,
with full understanding of their work method statement, safety, quality and
logistics; or
(v)
An Employee who is engaged in work, which has responsibility and skills which
are significantly higher than the CW level being paid; or
(vi)
An Employee performing the duties of an Employee Representative, Union
Delegate or Health and Safety Representative.
61
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(b)
The Responsibility Allowance will be paid at the following daily rate:
Level
1/1/2016
1/02/2017
1/02/2018
1/02/2019
1
$9.65
$10.13
$10.64
$10.64
2
$16.07
$16.87
$17.71
$17.71
(c)
When considering Levels 1 and 2, the degree of responsibility and the responsibility
level should be decided at site level by the Foreman, Site Manager and the Employee
concerned.
(d)
Responsibilities once agreed, are to be confirmed in writing stating their nature and
duration (minimum 4 weeks). This statement shall be sent to the Company’s pay office
enabling payment of this allowance to be implemented.
(e)
Responsibility Payment is only payable for the time in which an Employee works under
the employment conditions described above.
(f)
The Responsibility Payment is payable when the Employee is on a RDO.
(g)
The Responsibility Payment is not paid while an Employee is on leave. However, for
the avoidance of doubt, this Responsibility Allowance will apply when an eligible
Employee is on workers’ compensation.
(h)
If an Employee is an Employee Representative, Union Delegate and/or Health and
Safety Representative and would otherwise ordinarily be entitled to a Responsibility
Payment under another provision of this clause, the Employee will be entitled to
payment for both from commencement of this Agreement.
4.
Site Allowance Procedure
4.1
The total project value (at the time of contract award to the Company) will be applied for the
purpose of calculating the Site Allowance payable by the Company to its Employees on that
project.
4.2
The project value applicable to a project will be fixed for the life of that project.
4.3
A Site Allowance shall be paid at the appropriate rate per hour flat for hours worked, to
compensate for all special factors and/or disabilities on a project and in lieu of the following
Award special rates – confined space, wet work, dirty work, second-hand timber and fumes.
4.4
The following table for site allowance will apply for all new projects secured from
commencement of this Agreement:
From Commencement of Agreement
Project Value – $million
Site Allowance
67.3m - 134.8m
$2.00
134.8m - 202m
$3.75
202m - 269.4m
$3.85
269.4m - 404.2m
$3.95
For projects above $404.2 million, there will be an increment of 10 cents per
additional $100m or part thereof
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
4.5
Project values and site allowance rates are fixed for the life of the Agreement.
4.6
For existing projects, the Site Allowance Table from Appendix H of the Lend Lease Project
Management & Construction / CFMEU Joint Development Agreement Mark 8 2012 - 2016 will apply.
5.
Long Service Leave
5.1
The provisions of the relevant building and construction industry portable long service leave
scheme applicable in the ACT will apply.
5.2
For the purpose of the ACT Long Service Leave Payments Scheme, the rate applicable for the
long service leave payments will be the EBR and the Responsibility Allowance (where
applicable).
6.
Superannuation
6.1
The Company superannuation contributions to be paid each week to Employees (other than
Employees who are members of the Defined Benefit Fund of the LLSP) will be in accordance
with the following table:
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$203.95
$214.15
$224.86
$224.86
CW1
$211.20
$221.76
$232.84
$232.84
CW2
$215.12
$225.88
$237.17
$237.17
CW3
$218.37
$229.29
$240.75
$240.75
CW4
$221.61
$232.69
$244.33
$244.33
CW5
$226.86
$238.21
$250.12
$250.12
CW6
$232.18
$243.78
$255.97
$255.97
CW7
$237.53
$249.41
$261.88
$261.88
CW8
$242.76
$254.90
$267.64
$267.64
CW9
$248.01
$260.41
$273.43
$273.43
7.
Redundancy & Industry Welfare
7.1
The Company will provide Employees a weekly Employee entitlement of:
(a)
7.2
Employees in the Australian Capital Territory will be members of the Australian Construction
Industry Redundancy Trust (ACIRT). The Company will pay the following weekly Employee
entitlement portion into ACIRT for every week of continuous work performed by the Employee:
(a)
7.3
Up to $112.00 but no less than $110.00 per Employee effective 1 January 2016.
$110.00 only per Employee effective 1 January 2016.
If an Employee provides the Company with express written authorisation to do so, the Company
will contribute the remaining $2.00 per week of this weekly Employee entitlement to
Construction Charitable Works (ABN 65 129 595 657) to allow Employees and their families
access to services.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
7.4
Construction Charitable Works (CCW) will provide services that include but are not limited to
the following case management services and paid for referral pathways for:
(a)
General Drug and Alcohol counselling;
(b)
Drug and Alcohol Detoxification and Rehabilitation;
(c)
Grief and Loss support;
(d)
Depression and anxiety issues;
(e)
Anger management counselling;
(f)
Financial counselling;
(g)
Problem gambling support;
(h)
General counselling;
(i)
Access to short term emergency accommodation;
(j)
Trauma response services/support after workplace accidents;
(k)
Post-traumatic stress clinical psychology; and
(l)
Cross skill/up skill services for workers returning to work after a work place accident.
7.5
Once an Employee has accrued 8 weeks’ pay in their ACIRT account, they may elect to have
their redundancy contribution paid into their nominated superannuation fund.
7.6
This will apply to all Employees of the Company in the Australian Capital Territory (except
apprentices).
8.
Income Protection
8.1
The Company will effect an agreed Income Protection insurance policy for Employees covered
by this Agreement. The terms, conditions and benefits provided by the agreed insurance policy
will be provided by BUILT-PLUS GOLD.
8.2
Contributions to the policy will be maintained by the Company in respect of Employees,
including when Employees are on an authorised absence from work.
8.3
The cost of BUILT-PLUS GOLD policy will not exceed $25 per week per Employee during the
nominal term of this Agreement.
8.4
Income Protection Insurance premiums will be paid quarterly.
9.
Hours of Work, Rostered Days Off (RDOs) & Public Holidays
Rostered Days Off (RDOs)
9.1
Subject to the consultative provisions set out in this Agreement, Employees will take RDO’s in
accordance with the RDO industry calendar (published in Appendix 8 of this Agreement) agreed
by the Company and the Union.
9.2
RDO Industry Calendar and Public Holiday Long Weekends.
The Public Holiday long weekends are as follows:
(a)
Australia Day;
(b)
Canberra Day;
(c)
Easter Friday and Easter Monday;
(d)
Anzac Day;
(e)
Queen’s Birthday; and
(f)
Labour Day.
64
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
9.3
The following is to be read in conjunction with clause 22 (Hours of Work, Rostered Days Off) of
this Agreement.
9.4
It is recognised that in the ACT there is merit in programming no work on the RDOs adjacent to
public holiday weekends during the working year. This will allow Employees to have quality
paid leisure time. Where work is required on such RDO’s, this must be agreed by the Regional
Consultative Committee. Works will only be contemplated on such RDO’s by the Company
when such work is necessary to allow other employees to be employed productively to carry
out out-of-hours maintenance or because of unforeseen delays to a particular project or a
section of it for other reasons arising from unforeseen or emergency circumstances on a project.
Such circumstances would include the following: excessive periods of inclement weather,
matters not necessarily the fault of the Company which has led to the project being delayed or
behind schedule, the requirement to meet the principal’s work program and unexpected delays
in the project due to scheduling of other works or supply of materials, or work that cannot be
performed on other days because of local government council restrictions, or other relevant
laws or regulations.
9.5
Where the Company requires work to be performed on a scheduled RDO (or a substituted day)
the following will apply:
(a)
At least 7 days prior to the RDO the Company will consult with the affected Employee/s;
(b)
Employees who agree to work will work on the scheduled RDO (or any substituted day);
(c)
An Employee may refuse to work on a scheduled RDO (or any substituted day) if the
requirement to do so is plainly unreasonable having regard to:
(i)
the hours of work that will be worked by that Employee in the week of the
scheduled RDO;
(ii)
the Employee’s family responsibilities; and
(iii)
any other special circumstances peculiar to the Employee.
(d)
Such work shall be paid for at ordinary time rates of pay;
(e)
The untaken RDO will be re-scheduled to another day falling within six weeks of the
originally scheduled RDO, provided that the re-scheduled RDO is to be taken on a day
or days adjacent to a weekend or in conjunction with annual leave, or as otherwise
agreed between the Company and affected Employee/s, with such agreement not to
be unreasonably withheld.
(f)
Rostered Days Off (RDOs) may be banked to a maximum of six days in any 12 month
period. These RDO’s may be taken as a group of consecutive days or any other
combination as may be agreed between the Company and the Employee.
Public Holidays
9.6
If for unforeseen circumstances, the Company requires Employees to work on a Public Holiday,
such work will only be performed with agreement from the Regional Consultative Committee.
Easter and Christmas Shutdown
9.7
The Company will observe the Building and Construction Industry Christmas Shutdown Period.
Sites will close lunchtime 22nd December (or earlier if the 22nd falls on a weekend). Sites will
reopen on the second Monday of January.
9.8
Provided however that:
(a)
Due to unforeseen circumstances the Company may require Employees to work during
this period; and
(b)
The Company may seek a longer Closedown Shutdown period based on site
requirements and will consult with Employees through the Regional Consultative
Committee.
65
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Picnic Day
9.9
In lieu of Picnic Day an RDO will be observed on the first Monday in December.
10.
Inclement Weather
10.1
This clause is to be read in conjunction with clause 23 of the Award, clause 30 (Inclement
Weather) of this Agreement and the relevant 2011 OHS Act regulations, associated regulations
& approved codes of practice.
10.2
Inclement weather means the existence of rain or abnormal climatic conditions (whether hail,
extreme cold, high wind, severe dust storm, extreme high temperature (37 degrees C or above)
or the like or any combination of these conditions) where it is not reasonable or it is unsafe for
Employees to continue working in those conditions.
10.3
Once the temperature reaches 37°C there will be an orderly cessation of work and preparations
for safe completions of critical tasks currently under way. During periods of hot weather, if there
are areas of the workplace that are below 37°C, work shall continue as normal. Employees will
walk a reasonable distance through the open to and from amenities, provided it does not pose
a serious threat to their health or safety.
10.4
Temperature will be measured at the nearest automatic Bureau of Meteorology Monitoring
Station to the project.
10.5
The Company or its representative, when requested by the Employees or their representative,
must consult within a reasonable time (which does not exceed 30 minutes) for the purpose of
determining whether or not the conditions referred to in this clause apply.
10.6
When inclement weather conditions exist an affected Employee is not required to commence
or continue to work where it is unreasonable or unsafe to do so. In cases where emergency
work is required or it is necessary to complete a concrete pour already commenced to a
practical stage, work may occur or continue provided that such work does not give rise to a
reasonable concern on the part of an Employee undertaking the work of an imminent risk to
their health or safety.
10.7
Fresh, cold drinking water must be made available throughout the day to ensure fluid intake for
Employees in warmer conditions. When the temperature exceeds 35°C respite breaks and
Employee rotation, and the avoidance of scheduling strenuous activities in direct sunlight is to
be considered in managing the risk to health & safety of the Employees.
It is agreed that, after consultation with the affected Employee(s), the Company can transfer
Employees to an unaffected area or other sites not affected by inclement weather.
11.
Paid Parking
11.1
The Company will reimburse the cost of work related parking for Employees where free
parking is not available within 500 metres of the worksite.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
12.
Crane Crews
12.1
The crane crew for each tower crane must consist of the following minimum:
12.2
(a)
crane driver;
(b)
a dogman/stand-by driver; and
(c)
a dogman;
Notwithstanding the above, any site with more than one tower crane shall provide a stand-by
crane driver in accordance with the following scale:
(a)
2 cranes – 1 stand-by driver
(b)
3 cranes – 2 stand-by drivers
(c)
4 cranes – 3 stand-by drivers
(d)
5 cranes – 4 stand-by drivers
(e)
6 cranes or more – to be negotiated
12.3
For short-term absences by a driver or dogman/stand-by driver of 3 days or less, a
replacement driver or dogman/stand-by driver will not be required. The dogman/stand-by
driver will be paid at the same rate as the driver for all hours worked.
13.
Clothing
13.1
Employees will be issued with clothing in accordance with clause 25.2 (Clothing) of this
Agreement.
13.2
Employees will be re-issued clothing for the year in or around:
13.3
(a)
April; and
(b)
October.
Acknowledgement of Receipt
Employees shall acknowledge receipt of any issue of protective clothing and footwear by
signing the personal clothing issue register.
67
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Appendix 5: New South Wales
1.
Application
This Appendix will apply to Employees performing work for the Company in New South Wales.
2.
Wages
2.1
Weekly Rate of Base Pay
Employees will be paid a Weekly Rate of Base Pay in accordance with the following table:
2.2
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$1,132.91
$1,189.55
$1,249.03
$1,311.48
CW1
$1,198.19
$1,258.10
$1,321.00
$1,387.05
CW2
$1,229.58
$1,291.06
$1,355.61
$1,423.39
CW3
$1,254.36
$1,317.08
$1,382.93
$1,452.08
CW4
$1,278.99
$1,342.94
$1,410.09
$1,480.60
CW5
$1,333.66
$1,400.34
$1,470.36
$1,543.88
CW6
$1,389.87
$1,459.37
$1,532.34
$1,608.95
CW7
$1,446.07
$1,518.37
$1,594.29
$1,674.01
CW8
$1,501.44
$1,576.51
$1,655.33
$1,738.10
CW9
$1,555.45
$1,633.22
$1,714.88
$1,800.63
Weekly Productivity Benefits
In addition to the Weekly Rate of Base Pay Employees will be paid Weekly Productivity Benefits
in accordance with the following table:
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$198.19
$208.10
$218.50
$229.43
CW1
$211.24
$221.80
$232.89
$244.54
CW2
$216.93
$227.78
$239.17
$251.12
CW3
$221.48
$232.55
$244.18
$256.39
CW4
$225.88
$237.17
$249.03
$261.48
CW5
$235.52
$247.29
$259.66
$272.64
CW6
$244.73
$256.97
$269.82
$283.31
CW7
$254.11
$266.82
$280.16
$294.16
CW8
$263.41
$276.58
$290.41
$304.93
CW9
$272.71
$286.34
$300.66
$315.69
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
2.3
2.4
Tool Allowance
(a)
In lieu of the tool and employee protection allowance under clause 20.1 of the Award,
the following weekly Tool Allowance will be paid to Employees to cover the cost of hand
tools provided by Employees in order to carry out their duties.
(b)
The Tool Allowance will be paid as a component of the Employee Benefit Rate and is
not paid as an additional stand-alone allowance.
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$0.00
$0.00
$0.00
$0.00
CW1
$9.41
$9.88
$10.37
$10.89
CW2
$18.78
$19.72
$20.71
$21.75
CW3
$28.18
$29.59
$31.07
$32.62
CW4 - 9
$37.57
$39.45
$41.42
$43.49
Employee Benefit Rate (EBR)
Employees will be paid an all-purpose Employee Benefit Rate comprised of the following weekly
amounts:
(a)
Weekly Rate of Base Pay;
(b)
Weekly Productivity Benefits; and
(c)
Tool Allowance.
The EBR will be as follows:
1/01/2016
New
Ent.
CW1
CW2
CW3
CW4
CW5
CW6
CW7
CW8
CW9
1/02/2017
1/02/2018
1/02/2019
Weekly
Rate
$1,331.10
per
hour
$36.97
Weekly
Rate
$1,397.65
per
hour
$38.82
Weekly
Rate
$1,467.53
per
hour
$40.76
Weekly
Rate
$1,540.91
per
hour
$42.80
$1,418.83
$39.41
$1,489.78
$41.38
$1,564.26
$43.45
$1,642.48
$45.62
$1,465.30
$40.70
$1,538.56
$42.74
$1,615.49
$44.87
$1,696.26
$47.12
$1,504.02
$41.78
$1,579.22
$43.87
$1,658.18
$46.06
$1,741.09
$48.36
$1,542.44
$42.85
$1,619.56
$44.99
$1,700.54
$47.24
$1,785.57
$49.60
$1,606.74
$44.63
$1,687.08
$46.86
$1,771.43
$49.21
$1,860.00
$51.67
$1,672.18
$46.45
$1,755.79
$48.77
$1,843.58
$51.21
$1,935.75
$53.77
$1,737.75
$48.27
$1,824.64
$50.68
$1,915.87
$53.22
$2,011.66
$55.88
$1,802.42
$50.07
$1,892.54
$52.57
$1,987.17
$55.20
$2,086.53
$57.96
$1,865.72
$51.83
$1,959.01
$54.42
$2,056.96
$57.14
$2,159.81
$59.99
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
3.
Allowances
3.1
Travel Allowance
(a)
In lieu of the relevant fares or travelling allowances under the Award, Employees will
be paid the below allowance; and
(b)
This travel allowance will be paid for days worked (including RDO’s).
Travel Allowance
3.2
1/02/2017
1/02/2018
1/02/2019
$40.83
$42.88
$42.88
$42.88
Meal Allowance
(a)
In lieu of the meal allowance and rest periods/crib time provisions of the Award (clauses
20.2, 35.3(b), 35.3(c) and 35.3(d)), the following will apply:
(i)
Monday to Friday: An Employee required to work overtime, after working
Ordinary hours, for at least one and a half (1.5) hours shall be paid the specified
amount in the table below to meet the cost of a meal. For each further 4 hours
worked past the one and a half (1.5) hours, the Employee will also be paid the
specified amount in the table below to meet the cost of a meal; and
(ii)
Weekends/Public Holidays: An Employee will be entitled to be paid the
specified amount in the table below for each meal after the completion of each
four hours worked from the commencement of overtime.
Meal Allowance
3.3
1/01/2016
1/01/2016
1/02/2017
1/02/2018
1/02/2019
$28.80
$28.80
$28.80
$28.80
Responsibility Allowance
(a)
A Responsibility Allowance (in lieu of Leading Hand Allowance under the Award, clause
19.2) is payable when the following employment conditions apply:
Level 1 Allowance Eligibility:
(i)
An Employee who is required to have up to five Employees under his or her
supervision; or
(ii)
An Employee who is required to supervise the work of a subcontractor, taking
the responsibility for safety, quality and logistics.
Level 2 Allowance Eligibility:
(iii)
An Employee who is required to have six or more Employees under his or her
supervision; or
(iv)
An Employee who is required to supervise the work of several subcontractors,
with full understanding of their work method statement, safety, quality and
logistics; or
(v)
An Employee who is engaged in work, which has responsibility and skills which
are significantly higher than the CW level being paid; or
(vi)
An Employee performing the duties of an Employee Representative, Union
Delegate or Health and Safety Representative.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(b)
The Responsibility Allowance will be paid at the following daily rate:
Level
1/1/2016
1/02/2017
1/02/2018
1/02/2019
1
$9.65
$10.13
$10.64
$10.64
2
$16.07
$16.87
$17.71
$17.71
(c)
When considering Levels 1 and 2, the degree of responsibility and the responsibility
level should be decided at site level by the Foreman, Site Manager and the Employee
concerned.
(d)
Responsibilities once agreed, are to be confirmed in writing stating their nature and
duration (minimum 4 weeks). This statement shall be sent to the Company’s pay office
enabling payment of this allowance to be implemented.
(e)
Responsibility Payment is only payable for the time in which an Employee works under
the employment conditions described above.
(f)
The Responsibility Payment is payable when the Employee is on a RDO.
(g)
The Responsibility Payment is not paid while an Employee is on leave. However, for
the avoidance of doubt, this Responsibility Allowance will apply when an eligible
Employee is on workers’ compensation.
(h)
If an Employee is an Employee Representative, Union Delegate and/or Health and
Safety Representative and would otherwise ordinarily be entitled to a Responsibility
Allowance under another provision of this clause, the Employee will be entitled to
payment for only one Responsibility Allowance.
4.
Site Allowance Procedure
4.1
The total project value (at the time of contract award to the Company) will be applied for the
purpose of calculating the Site Allowance payable by the Company to its Employees on that
project.
4.2
The project value applicable to a project will be fixed for the life of that project.
4.3
A Site Allowance shall be paid at the appropriate rate per hour flat for hours worked, to
compensate for all special factors and/or disabilities on a project and in lieu of the following
Award special rates – confined space, wet work, dirty work, second-hand timber and fumes.
4.4
The following table for site allowance will apply:
From Commencement of Agreement
Project Value – $million
Site Allowance
2.6m - 6.8m
$2.10
6.8m - 16.8m
$2.30
16.8m - 33.7m
$2.55
33.7m - 67.3m
$3.00
67.3m - 134.8m
$3.65
134.8m - 202m
$3.75
202m - 269.4m
$3.85
269.4m - 404.2m
$3.95
For projects above $404.2 million, there will be an increment of 10 cents per
additional $100m or part thereof
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
4.5
The above rates will be reviewed no later than 30 September 2016 and thereafter for each
subsequent year of the Agreement taking account of the CPI movement and the economic
circumstances prevailing in the industry at that time.
4.6
The Site Allowance values in this clause will be adjusted by the CPI (All Groups, Sydney),
effective from 1 October 2016 and for each year thereafter according to the above CPI
movement for the preceding period July to June in each year. The Site Allowance will be
adjusted up or down to the nearest 5 cents.
5.
Long Service Leave
5.1
The Company shall register each Employee, if not already registered, with the Building and
Construction Industry Long Service Payments Corporation.
5.2
The Company will comply with all requirements of the relevant long service legislation.
5.3
For the purposes of the New South Wales Long Service Leave Payments Scheme the rate
applicable for the long service leave payments will be the EBR and the Responsibility Allowance
(where applicable).
6.
Superannuation
6.1
The Company superannuation contributions to be paid each week to Employees (other than
Employees who are members of the Defined Benefit Fund of the LLSP) will be in accordance
with the following table:
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$203.95
$214.15
$214.15
$214.15
CW1
$211.20
$221.76
$221.76
$221.76
CW2
$215.12
$225.88
$225.88
$225.88
CW3
$218.37
$229.29
$229.29
$229.29
CW4
$221.61
$232.69
$232.69
$232.69
CW5
$226.86
$238.21
$238.21
$238.21
CW6
$232.18
$243.78
$243.78
$243.78
CW7
$237.53
$249.41
$249.41
$249.41
CW8
$242.76
$254.90
$254.90
$254.90
CW9
$248.01
$260.41
$260.41
$260.41
7.
Redundancy & Industry Welfare
7.1
The Company will provide Employees a weekly Employee entitlement of:
7.2
(a)
Up to $105.00 but no less than $100.00 per Employee effective 1 January 2016
(b)
Up to $110.00 but no less than $105.00 per Employee effective 1 February 2017
(c)
Up to $115.00 but no less than $110.00 per Employee effective 1 February 2018
Employees in New South Wales will be members of the Australian Construction Industry
Redundancy Trust (ACIRT).
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
7.3
The Company will pay the following weekly Employee entitlement portion into ACIRT for every
week of continuous work performed by the Employee:
(a)
$100.00 only per Employee effective 1 January 2016;
(b)
$105.00 only per Employee effective 1 February 2017;
(c)
$110.00 only per Employee effective 1 February 2018.
7.4
If an Employee provides the Company with express written authorisation to do so, the Company
will contribute the remaining $5.00 of this weekly Employee entitlement per week to the
Construction Industry Drug and Alcohol Foundation (CIDAF), to assist with the provision of
Employee (and family members) drug and alcohol and problem gambling rehabilitation and
treatment services.
7.5
The weekly contributions are to be paid monthly and forwarded to CIDAF by the fourteenth (14)
day of the following month. (i.e. January must be received by the 14 February).
7.6
Once an Employee has accrued 8 weeks’ pay in their ACIRT account, they may elect to have
their redundancy contribution paid into their nominated superannuation fund.
7.7
This will apply to all Employees of the Company in New South Wales (except apprentices).
8.
Workers Compensation and Income Protection
8.1
Top-Up Workers Compensation Insurance / Income Protection
(a)
The Company will affect an agreed non-cancellable ‘Workcover Top-Up’ and ’Income
Protection’ insurance policy for Employees covered by this Agreement. The terms,
conditions and benefits provided by the agreed insurance policy must be equal or better
than that provided by ‘U-Plus Premium Cover’.
(b)
The cost of this policy is $141.65 per Employee per month from 1 February 2016 and
the cost will increase annually by no greater than the CPI (All Groups, Sydney) during
the life of the Agreement, if at all.
(c)
For the purposes of this clause, ’Workcover Top-Up Insurance’ refers to additional lump
sum payments for death and permanent injury as awarded under the NSW Workers
Compensation Act.
8.2
For the purpose of the NSW Injury Management & Workers Compensation Act 1998, the
ordinary rate of pay shall be the EBR, Site Allowance, and the Responsibility Allowance (if
applicable).
9.
Hours of Work, Rostered Days Off (RDOs) & Shut Down Weekends
Overtime
9.1
Employees will be entitled to overtime in accordance with the relevant provisions of the Award
with the exception of the following:
(a)
From 1 February 2018 all overtime worked (except for overtime worked on public
holidays) shall be paid at the rate of double time.
Rostered Days Off (RDOs)
9.2
In addition to the RDO’s provided for under the Award, Employees under this Agreement accrue
an additional 0.4 hours per ordinary day worked and paid leave which they can use for No Work
Saturdays (to a maximum 14.4 hours) and or additional agreed RDOs.
9.3
Rostered Days Off (RDO’s) may be banked to a maximum of six (6) days in any 12 month
period. These RDOs may be taken as a group of consecutive days or any other combination
as may be agreed between the Company and the Employee.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
9.4
It is recognised that there is merit in programming no work on the RDOs adjacent to public
holiday weekends during the working year. This will allow the management and Employees of
the Company to have quality paid leisure time. Work is prohibited on the following public
holidays, weekends and agreed RDOs adjacent to Australia Day, Easter Friday, Easter
Saturday, Easter Sunday, Easter Monday, Anzac Day, Queens Birthday, Labour Day and
Industry Picnic Day.
9.5
Where there is an agreed emergency or a special client need and subject to the agreement of
all Parties to this Agreement and the Union, limited work may be undertaken on the No Work
weekends and adjacent fixed RDOs. Unless impracticable the Company will give the other
Parties 7 days’ notice of any such need for work so as to ensure appropriate consultation.
9.6
The RDO Calendar is located at Appendix 8.
Shut Down Weekends
9.7
Employees will use their RDO accruals of 14.4 hours on a No Work RDO Saturday.
9.8
Employees are entitled to a maximum of one Travel Allowance for each No Work Saturday.
Public Holidays
9.9
If for unforeseen circumstances, the Company requires Employees to work on a Public Holiday,
such work will only be performed with agreement from the Regional Consultative Committee.
Picnic Day
9.10
Employees in NSW will be entitled to be absent on paid leave for the building and construction
industry picnic day.
10.
Heat Policy
10.1
The Parties recognise the risk to worker health caused by exposure to high temperatures in the
work environment. To reduce the potential for heat related illness, the parties agree to the
following heat policy.
10.2
Employees should be alerted to possible extreme or excess heat conditions by the Company
and/or the WHS Committee before commencing work or as soon as practicable after work
commences.
10.3
Once the temperature reaches 35°C there will be an orderly cessation of work and preparations
for safe completions of critical tasks currently under way.
10.4
During periods of hot weather, if there are areas of the workplace that are below 35°C, work
shall continue as normal. Employees will walk a reasonable distance through the open to and
from amenities, provided it does not pose a serious threat to their health or safety. By agreement
with the Company and Employees during periods of inclement weather (heat) the Saturday
break roster can be applied to weekday work.
10.5
Where emergency work is undertaken, penalty provisions will apply in accordance with this
Agreement.
10.6
Monitoring of Temperature
(a)
Temperatures shall be measured on site by a temperature gauge compliant to
Australian Standards, and located as agreed by the WHS Committee.
(b)
Temperatures shall be monitored during the course of the day by the Company, WHS
Committee Chairperson and/or the Deputy Chairperson.
(c)
If gauges are not available - or malfunction, readings shall be taken from the nearest
Bureau of Meteorology (BOM) weather station.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
10.7
10.8
10.9
Humidity
(a)
Humidity creates a significant risk to Employees health and safety. Consultation with
Employees must take place to assess all risks associated with the work being
performed. Things taken into account should include: air flow/ventilation, PPE
requirements, supervision, and the health of individual Employees.
(b)
NB. Where work is required to be performed in additional PPE, action levels will need
to be altered in consultation with Employees, HSR’s and the WHS Committee.
Concrete pours and emergency work
(a)
Employees shall not be required to start a concrete pour in inclement weather. Areas
to be concreted must be ready to start pouring by 7:00am on days where hot
temperatures are forecast, or they will not commence. Concrete pours over 150m³ that
are delayed will not commence after 11:00am without full consultation and agreement
with all parties.
(b)
Upcoming concrete pours shall be an agenda item for the site WHS Committee, so they
can view the weather forecast for the proposed day(s) and make recommendations
regarding their suitability. Work should be programmed in such a way as to reduce the
risk of heat stress. Sufficient numbers of workers should be engaged to allow rotation
of workers in periods of heat.
Guide to Heat Stress symptoms
(a)
10.10
Heat illness covers a range of medical conditions that can arise when the body is unable
to properly cope with working in heat. These conditions include:
(i)
Heat stroke – a life threatening condition that requires immediate first aid and
medical attention;
(ii)
Fainting;
(iii)
Heat exhaustion / fatigue;
(iv)
Heat cramps;
(v)
Rashes (also called prickly heat); and
(vi)
Magnifying of pre-existing illnesses and conditions.
(b)
Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or weak.
Clumsiness, collapse and convulsions may also be experienced as a result of heat
illness.
(c)
Employees with these signs or symptoms need to seek immediate medical attention.
Control Measures
(a)
Measures employed on site to prevent the effects of Heat Stress:
(i)
Employees shall have easy access to cool, clean drinking water;
(ii)
Caffeinated drinks should be avoided as they promote dehydration;
(iii)
Mist busters will be deployed for dust suppression and aid in Employee comfort
in earthworks zones;
(iv)
Reduce physical activity/tasks where possible;
(v)
Rotation of Employees;
(vi)
Work in cooler parts of the day;
(vii)
Utilise Shaded areas;
(viii)
Reduction of PPE, where permissible;
(ix)
Wear light clothing under coveralls;
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
10.11
(x)
Employees should seek medical advice on the effect of medication being taken
and communicate with the Company or First Aid Officer if they believe
necessary;
(xi)
In addition, rest breaks as needed by an individual. Employees should not be
discouraged from taking needed rest breaks;
(xii)
It is expected mandated breaks of ‘smoko’ and lunch be adhered to; and
(xiii)
Training – (addressed below).
Incident Response/ First Aid All heat stress incidents are to be reported to first aid and the Company. Employees
experiencing symptoms of heat stress must report to the first aid shed and receive medical
attention. If unable to walk to the shed, normal first aid procedures will apply.
10.12
10.13
10.14
Incident Reporting
(a)
All heat related incidences are to be reported in accordance with this policy.
(b)
After any reported heat related incident the first aider shall advise the site Safety
Coordinator who will notify the Chair of the WHS Committee and the relevant working
group HSR immediately.
(c)
The WHS Committee shall also be notified of the incident at its next meeting, or more
immediately if there is a risk to other workers on site.
(d)
In addition, LTIs, discomfort or related complaints and absenteeism related to heat
stress shall be monitored by the WHS Committee.
Training
(a)
Employees on site will be trained in mitigating and recognising heat stress illness
symptoms, in themselves and others. With refresher training to take place annually.
(b)
First Aiders need to be specifically trained in responding to heat related incidences.
Training shall be provided by a suitably qualified organisation.
Sun Safe Tips
(a)
In addition to the effects of heat, skin cancers are a major concern for workers in the
industry. Here are some tips to help protect against them;
(i)
Wear light coloured, long-sleeved collared shirts with a minimum UPF of 50+;
(ii)
Wear a broad brim hard hat attachment including neck flap;
(iii)
Wear long trousers or shorts that go to the knee;
(iv)
Avoid heatstroke by ensuring clothing is lightweight, comfortable, well
ventilated and does not restrict movement;
(v)
Wear sunglasses that meet Australian Standards and are safe for driving;
(vi)
Apply a broad spectrum sun screen with a minimum SPF of 30+ and lip balm;
(vii)
Use natural or portable shade where possible;
(viii)
New Employees at any site should be informed, trained and supervised in sun
safe techniques;
(ix)
All building workers should have their skin checked regularly by a doctor,
regardless of age; and
(x)
Monitor your own skin and look out for new or unusual spots, a sore that won’t
heal, or a spot or mole that has changed size, shape or colour.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
11.
Crane Crews
(a)
(b)
(c)
The crane crew for each tower crane must consist of the following minimum:
(i)
crane driver;
(ii)
a dogman/stand-by driver; and
(iii)
a dogman;
Notwithstanding the above, any site with more than one tower crane shall provide a
stand-by crane driver in accordance with the following scale:
(i)
2 cranes – 1 stand-by driver;
(ii)
3 cranes – 2 stand-by drivers;
(iii)
4 cranes – 3 stand-by drivers;
(iv)
5 cranes – 4 stand-by drivers;
(v)
6 cranes or more – to be negotiated.
For short-term absences by a driver or dogman/stand-by driver of 3 days or less, a
replacement driver or dogman/stand-by driver will not be required. The dogman/standby driver will be paid at the same rate as the driver for all hours worked.
12.
Clothing
12.1
Employees will be issued clothing in accordance with clause 25.2 (Clothing) of this Agreement.
12.2
Employees each year will be re-issued with the following:
12.3
(a)
in April five (5) shirts and three (3) pairs of pants and one (1) jacket; and
(b)
in October five (5) shirts and three (3) pairs of pants.
Acknowledgement of Receipt
Each Employee shall acknowledge receipt of any issue of protective clothing and footwear by
signing an appropriate personal clothing issue register.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
13.
Audits for Compliance with this Agreement
13.1
Step 1
Complaints, queries and concerns regarding entitlements paid in relation to the appropriate
legal industrial instrument shall be raised and resolved in accordance with the current custom
and practice. An Employee shall advise the Company whether they want an audit to be
conducted under this clause 13. Employees will be provided access to their time and wage
records in accordance with all legal requirements. All handling of personal information under
this clause will also be in accordance with legal requirements including the Privacy Act 1998
(Cth) and the Fair Work Act.
13.2
Step 2
If an Employee suspects significant breaches of this Agreement and requests the production of
an audit in the approved form (Attachment 1 to the Appendix), the Company must provide such
certificate.
13.3
Step 3
Where further evidence exists of continuing non-compliance or significant breaches by the
Company, the Employee may further request an independent audit report detailing all
entitlements be provided by an auditor with a practice certificate from the Institute of Chartered
Accountants or registered CPA. All costs of the audit will be payable by the Company.
The Company will comply with the following conditions in preparing the independent audit
report:
13.4
(a)
engage an auditor who holds a current public practice certificate of the Institute of
Chartered Accountants in Australia or CPA Australia;
(b)
ensure that the audit include advice as set out in Attachment 2 to the Appendix;
(c)
request that the work performed in the audit be in accordance with Australian Auditing
Standard 802 “The Audit Report on Financial Information Other than a General
Purpose Financial Report” and Auditing Guidance Standard 1044 “Audit Reports on
the Information Provided other than in a Financial Report”; and
(d)
the independent audit report will include an audit certificate signed by the auditor, which
will include advice as set out Attachment 2 to the Appendix.
An Employee may authorise their representative (which may include a Union Delegate/
Employee Representative, or another representative of their choosing) to request an audit on
their behalf and represent them throughout this process.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Attachment 1
AUDIT CERTIFICATE
EMPLOYER NAME: ...............................................................................................................................
ABN NUMBER: ......................................................................................................................................
ADDRESS:..............................................................................................................................................
................................................................................................................................................................
PRINCIPAL NAME: ................................................................................................................................
PRINCIPAL TITLE: .................................................................................................................................
WORKCOVER POLICY NUMBER:
Number of Personnel:
□
Overtime 1½
Base Hourly Rate:
□
LLSP:
Yes
□
No
□
CBUS:
Yes
□
No
□
ACIRT:
Yes
□
No
□
UPLUS:
Yes
□
No
□
Foundation House:
Yes
□
No
□
RDO Accrual:
Yes
□
No
□
Annual Leave:
Yes
□
No
□
Sick Leave:
Yes
□
No
□
Group Tax:
Yes
□
No
□
Overtime 2x
□
Fares & Travel:
□
□
STATUTORY DECLARATION BY PRINCIPAL: I hereby state that the Company has paid all of
its entitlements and legal obligations in accordance with the appropriate industrial instrument.
……………………………………
PRINCIPAL
AUTHORISED BY C.P.A. / INSTITUTE OF CHARTERED ACCOUNTANTS
EMPLOYER NAME: .................................................................................................................................
NAME OF ACCOUNTANT: ......................................................................................................................
REGISTRATION DETAILS: .....................................................................................................................
AUTHORISATION STATEMENT: I have examined the time and wages records and hereby
certify that they are in accordance with the appropriate industrial instrument.
…………………………………….
CERTIFIED PRACTICING ACCOUNTANT
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Attachment 2
AUDIT CERTIFICATE
To (insert employer name)
Scope
We have been provided with a copy of, and have read, the (insert name of this Enterprise Agreement).
We have audited the Time and Wages records and all other records of (insert employer name) , for the
years ending
/ /
, which records we believe were necessary to be audited in order to determine
whether (insert employer name) has complied with its certified agreement.
The Managing Director/Owner of (insert employer name) was responsible for providing all records
required to undertake the audit.
We have conducted an independent audit of the records in order to express an opinion on whether
(insert employer name) has complied with its enterprise agreement. We disclaim any assumption of
responsibility for any reliance on this report to any person other than to the parties bound by the (insert
name of this Enterprise Agreement) or for any purpose other than that for which it was prepared.
Our audit has been undertaken for the purpose detailed in clause XX of the (insert name of this
Enterprise Agreement) and has been conducted in accordance with Australian Auditing Standards.
Our procedures included (insert procedure utilised).
These procedures have been undertaken to form an opinion whether, in all material respects, has
complied with its enterprise agreement.
Audit Opinion
In our opinion (insert employer name) has complied with its enterprise agreement, for the year ending
/
/
.
Or
In our opinion (insert employer name) has not complied with its enterprise agreement, for the year
ended
/
/
. All areas of non-compliance with the certified agreement are listed in attachment
A to this certificate.
Date:……………………………………………………..
Firm:………………………………………………………
Address:………………………………………………...
Partner:………………………………………………….
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Appendix 6: Tasmania
1.
Application
If the Company intends to engage Employees to perform work on its projects in Tasmania, then
it will seek to vary this Agreement in accordance with the Fair Work Act, to include in this
Appendix Tasmanian specific terms and conditions.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Appendix 7: Victoria
1.
Application
This Appendix will apply to Employees performing work for the Company in Victoria.
2.
Wages
2.1
Weekly Rate of Base Pay
Employees will be paid a Weekly Rate of Base Pay in accordance with the following table:
2.2
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$1,132.91
$1,189.55
$1,249.03
$1,311.48
CW1
$1,198.19
$1,258.10
$1,321.00
$1,387.05
CW2
$1,229.58
$1,291.06
$1,355.61
$1,423.39
CW3
$1,254.36
$1,317.08
$1,382.93
$1,452.08
CW4
$1,278.99
$1,342.94
$1,410.09
$1,480.60
CW5
$1,333.66
$1,400.34
$1,470.36
$1,543.88
CW6
$1,389.87
$1,459.37
$1,532.34
$1,608.95
CW7
$1,446.07
$1,518.37
$1,594.29
$1,674.01
CW8
$1,501.44
$1,576.51
$1,655.33
$1,738.10
CW9
$1,555.45
$1,633.22
$1,714.88
$1,800.63
Weekly Productivity Benefits
In addition to the Weekly Rate of Base Pay Employees will be paid Weekly Productivity Benefits
in accordance with the following table:
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$198.19
$208.10
$218.50
$229.43
CW1
$211.24
$221.80
$232.89
$244.54
CW2
$216.93
$227.78
$239.17
$251.12
CW3
$221.48
$232.55
$244.18
$256.39
CW4
$225.88
$237.17
$249.03
$261.48
CW5
$235.52
$247.29
$259.66
$272.64
CW6
$244.73
$256.97
$269.82
$283.31
CW7
$254.11
$266.82
$280.16
$294.16
CW8
$263.41
$276.58
$290.41
$304.93
CW9
$272.71
$286.34
$300.66
$315.69
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
2.3
2.4
Tool Allowance
(a)
In lieu of the tool and employee protection allowance under clause 20.1 of the Award,
the following weekly Tool Allowance will be paid to Employees to cover the cost of hand
tools provided by Employees in order to carry out their duties.
(b)
The Tool Allowance will be paid as a component of the Employee Benefit Rate and is
not paid as an additional stand-alone allowance.
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$0.00
$0.00
$0.00
$0.00
CW1
$9.41
$9.88
$10.37
$10.89
CW2
$18.78
$19.72
$20.71
$21.75
CW3
$28.18
$29.59
$31.07
$32.62
CW4 - 9
$37.57
$39.45
$41.42
$43.49
Employee Benefit Rate (EBR)
Employees will be paid an all-purpose Employee Benefit Rate comprised of the following weekly
amounts:
(a)
Weekly Rate of Base Pay;
(b)
Weekly Productivity Benefits; and
(c)
Tool Allowance.
The EBR will be as follows:
1/01/2016
New
Ent.
CW1
CW2
CW3
CW4
CW5
CW6
CW7
CW8
CW9
1/02/2017
1/02/2018
1/02/2019
Weekly
Rate
$1,331.10
per
hour
$36.97
Weekly
Rate
$1,397.65
per
hour
$38.82
Weekly
Rate
$1,467.53
per
hour
$40.76
Weekly
Rate
$1,540.91
per
hour
$42.80
$1,418.83
$39.41
$1,489.78
$41.38
$1,564.26
$43.45
$1,642.48
$45.62
$1,465.30
$40.70
$1,538.56
$42.74
$1,615.49
$44.87
$1,696.26
$47.12
$1,504.02
$41.78
$1,579.22
$43.87
$1,658.18
$46.06
$1,741.09
$48.36
$1,542.44
$42.85
$1,619.56
$44.99
$1,700.54
$47.24
$1,785.57
$49.60
$1,606.74
$44.63
$1,687.08
$46.86
$1,771.43
$49.21
$1,860.00
$51.67
$1,672.18
$46.45
$1,755.79
$48.77
$1,843.58
$51.21
$1,935.75
$53.77
$1,737.75
$48.27
$1,824.64
$50.68
$1,915.87
$53.22
$2,011.66
$55.88
$1,802.42
$50.07
$1,892.54
$52.57
$1,987.17
$55.20
$2,086.53
$57.96
$1,865.72
$51.83
$1,959.01
$54.42
$2,056.96
$57.14
$2,159.81
$59.99
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
2.5
Tower Crane Crew
(a)
For the life of this Agreement, a Tower Crane Crew (Operators & Dogman/Crane
Hands) Employee, while working on a crane, will receive the following EBR:
1/01/2016
Weekly
Rate
$1,682.64
per
hour
$46.74
1/02/2017
Weekly
Rate
$1,766.88
Weekly
Rate
$1,855.08
1/02/2019
per
hour
$51.53
Weekly
Rate
$1,947.83
per
hour
$54.11
(b)
When a Tower Crane Crew Employee is not working in a Tower Crane Crew on an
operational crane, they will be paid from the first day following coming off the crane in
accordance with their Skill Level as assessed through the Skills Assessment System.
(c)
The Company is committed to ensuring that existing Crane Crew members have the
opportunity to be upskilled to skill level 5 within 6 months of commencement of this
Agreement. The Company will ensure payment to existing crane crew members at skill
level 5 during the 6 month upskilling period.
3.
Allowances
3.1
Travel Allowance
(a)
In lieu of the relevant fares or travelling allowances under the Award, Employees will
be paid the below allowance; and
(b)
This travel allowance will be paid for days worked (including RDO’s).
Travel Allowance
3.2
per
hour
$49.08
1/02/2018
1/01/2016
1/02/2017
1/02/2018
1/02/2019
$40.83
$42.87
$45.01
$45.01
Meal Allowance
(a)
In lieu of the meal allowance provision of the Award (clause 20.2), the following will
apply:
(i)
Monday to Friday: An Employee required to work overtime, after working
Ordinary hours, for at least one and a half (1.5) hours shall be paid the specified
amount in the table below to meet the cost of a meal. For each further 4 hours
worked past the one and a half (1.5) hours, the Employee will also be paid the
specified amount in the table below to meet the cost of a meal.
Meal Allowance
1/01/2016
1/02/2017
1/02/2018
1/02/2019
$28.80
$28.80
$28.80
$28.80
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
3.3
Responsibility Allowance
(a)
A Responsibility Allowance (in lieu of Leading Hand Allowance under the Award, clause
19.2) is payable when the following employment conditions apply:
Level 1 Allowance Eligibility:
(i)
An Employee who is required to have up to five Employees under his or her
supervision; or
(ii)
An Employee who is required to supervise the work of a subcontractor, taking
the responsibility for safety, quality and logistics.
Level 2 Allowance Eligibility:
(b)
(iii)
An Employee who is required to have six or more Employees under his or her
supervision; or
(iv)
An Employee who is required to supervise the work of several subcontractors,
with full understanding of their work method statement, safety, quality and
logistics; or
(v)
An Employee who is engaged in work, which has responsibility and skills which
are significantly higher than the CW level being paid; or
(vi)
An Employee performing the duties of an Employee Representative, Union
Delegate or Health and Safety Representative.
The Responsibility Allowance will be paid at the following daily rate:
Level
1/01/2016
1/02/2017
1/02/2018
1/02/2019
1
$9.65
$10.13
$10.64
$10.64
2
$16.07
$16.87
$17.71
$17.71
(c)
When considering Levels 1 and 2, the degree of responsibility and the responsibility
level should be decided at site level by the Foreman, Site Manager and the Employee
concerned.
(d)
Responsibilities once agreed, are to be confirmed in writing stating their nature and
duration (minimum 4 weeks). This statement shall be sent to the Company’s pay office
enabling payment of this allowance to be implemented.
(e)
Responsibility Payment is only payable for the time in which an Employee works under
the employment conditions described above.
(f)
The Responsibility Payment is payable when the Employee is on a RDO.
(g)
The Responsibility Payment is not paid while an Employee is on leave. However, for
the avoidance of doubt, this Responsibility Allowance will apply when an eligible
Employee is on workers’ compensation.
(h)
If an Employee is an Employee Representative, Union Delegate and/or Health and
Safety Representative and would otherwise ordinarily be entitled to a Responsibility
Allowance under another provision of this clause, the Employee will be entitled to
payment for only one Responsibility Allowance.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
4.
Site Allowance Procedure
4.1
It is expressly agreed by the parties to this procedure that Site Allowances will not be claimed
on any project where the project value is below $3 million.
4.2
In addition to the wage rates and allowances prescribed, the Company shall pay to Employees
extra rates as set out in the special rates clause of the Award for the period when individual
Employees incur those disabilities prescribed by said clause, except where those special rates
are specifically included in the Site Allowance applicable to a Project.
4.3
The payment of Insulation Allowance shall be paid to individual Employees who are affected
(as defined in the Award) by the use of such material.
4.4
Subject to the foregoing, where the union on behalf of its members, requests that the Company
consider a claim for payment of a Site Allowance, such Site Allowance shall be determined
either by:
(a) Geographic location if the project is contained within the City of Melbourne as defined; or
(b) The amount contained in clause 4.7 or cause 4.15 below.
4.5
A Site Allowance shall be paid at the appropriate rate per hour flat for hours worked, to
compensate for all special factors and/or disabilities on a project and in lieu of the following
Award special rates - confined space, wet work, dirty work, second-hand timber and fumes.
Award special rates and disability payments (other than mentioned above) shall be applied as
and when incurred, in accordance with the Award conditions. Site Allowance and Award special
rates are part of Ordinary Time Earnings as defined in the Agreement.
4.6
It is agreed by the parties that all new projects will be covered by the Site Allowance rates
contained in this Agreement.
4.7
Site Allowances as at 1 October 2015:
The minimum project value, below which NO Site Allowance is payable, is $3m as at 1 October
2015.
On sites which do not attract this Site Allowance, Employees are entitled to be paid the relevant
disability payments as the disability may arise in accordance with the Award.
4.7.1
City of Melbourne (as defined in clause 4.16 of this Appendix):
(a)
New Projects
(b)
$3m up to $224m:
$4.05 per hour worked
over $224m:
as per subclause 4.7.2
Renovations, Restoration &/or Refurbishment work
$3.50 per hour worked.
The Site Allowance on projects which are a combination of new and renovation work, shall be
governed by the majority of work involved. For example, where the majority of work is new
work, then the Site Allowance appropriate to new work shall be paid for all Employees on the
project.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
4.7.2
New Projects Victoria
Project Value - $million
Site Allowance
3.0m – 7.7m
$2.30
7.7m – 18.9m
$2.50
18.9m – 37.9m
$2.80
37.9m – 75.7m
$3.30
75.7m – 151.4m
$3.95
151.4m – 227.1m
$4.05
227.1m – 302.7m
$4.20
302.7m – 454.2m
$4.35
454.2m - 634.2m
$4.45
634.2m - 844.2m
$4.55
844.2m - 1100.0m
$4.65
1100.0m – 1350.0m
$5.00
1350.0m – 1700.0m
$5.40
All new Docklands projects are to be in accordance with the new scale of Site Allowances.
Existing projects at Docklands are to remain unchanged regarding site allowance and working
hours.
4.7.3
For the Purposes of Site Allowance
Project means building and construction works performed on a site or combination of
sites:
(i)
for an enterprise or undertaking carefully planned to achieve a particular result;
(ii)
with a clearly established entity or entities that exercise control over its
development; and
(iii)
contains a scope sufficiently definable at any given point during the project to
enable its proper definition and costing for the purpose of determining the
appropriate site allowance;
Project Value means the contract value of the Project (as defined above), comprising
of:
4.8
(iv)
Preliminary costs and profit margin;
(v)
Trade packages (including supplier and subcontractor costs); and
(vi)
Provisional sums;
The Rates shall be reviewed no later than 30 September 2016 and thereafter for each
subsequent year of the Agreement taking account of the CPI movement and the economic
circumstances prevailing in the industry at that time.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
4.9
The Site Allowance values and project values in this Clause shall be adjusted by the CPI (All
Groups, Melbourne), effective from 1 October 2016 and for each year thereafter according to
the above CPI movement for the preceding period July to June in each year.
4.10
The Site Allowance shall be adjusted up or down to the nearest 5 cents, and Project value to
the nearest $100,000.
4.11
It is agreed by the parties that no allowance shall be claimed on any project, regardless of its
location, where the project value is below $3 million.
4.12
The appropriate Site Allowance shall be based on the Total Project Value, as defined in Clause
4.7.3 above. Where there is a dispute on the Project Site Allowance to apply to a particular site
or project, then the Parties will seek to resolve such dispute at the workplace level in the first
instance. If the dispute remains unresolved, then it will be referred to the Disputes Panel
(VBIDP) for determination.
4.13
In determining the rate, the Disputes Panel (VBIDP) shall have regard to this clause 4 and shall
not deviate from this clause unless there are special and exceptional circumstances.
Special and exceptional circumstances may include working on projects where disabilities not
comprehended in the Site Allowance procedure described herein exist. This may include where
predominately contract metal trades construction/maintenance work is being carried out. Where
the procedures prescribed by this Clause are being followed, work shall continue normally. In
the event of Employees taking industrial action in pursuance of a claim the date of operation of
the Project Site Allowance shall not commence before the date on which the Employees cease
industrial action.
4.14
Any site allowance that is determined in accordance with 4.13 above shall be incorporated into
the Agreement in accordance with the Fair Work Act.
4.15
Shopping Centre Projects and Airport Projects
All new construction and extension/refurbishment work of shopping centres, airports, retail strip
shops and stand-alone retail facilities having a project value in excess of $3m will attract the
then current City of Melbourne Site Allowance.
Where the project is of a mixed purpose, City of Melbourne site allowance rates will apply only
where the retail component is at least $3m and occupies at least 51% of the area of the project.
4.16
City of Melbourne Definition
For the purposes of determining Site Allowance in accordance with this Agreement, the
boundaries of the ‘City of Melbourne’ are defined as follows:
Commencing at the point where Citylink (Tullamarine Freeway) intersects Racecourse Road,
proceed east along Racecourse Road, Elliott Avenue, Macarthur Road Cemetery Road West,
Cemetery Road East and Princes Street to Nicholson Street. Then south on Nicholson Street
to Victoria Parade. In Victoria Parade, proceed east to Punt Road, then south along Punt Road
to the St Kilda Junction. From the St Kilda Junction proceed along Fitzroy Street to
Beaconsfield Parade, and then north-west along Beaconsfield Parade, Beach Street and The
Boulevarde and following the waterline to Lorimer Street, and then east along Lorimer Street
as far as Citylink (Western Link). Follow Citylink north to Racecourse Road to complete the
boundary.
The City of Melbourne zone will also include the area bounded by Nicholson Street, Victoria
Parade Hoddle Street, and Alexandra Parade.
Where one boundary of a project fronts at least one of the above streets, then such project is
deemed to be within the City of Melbourne.
See attached map below.
88
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
City of Melbourne Map
1 IIACARTH\JR Rll
2 CEIIETERY RO WEST
3 CEIIETERY RO EAST
89
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
5.
Geographic Area and Sector Specific Allowances
The following allowances and conditions shall apply where relevant:
5.1
Amounts payable in lieu of site allowance
(a)
Fast Food Allowance
The Company shall pay an allowance of $2.55ph on all fast food construction, and on
refurbishment with building permit value in excess of $437,000.
These amounts shall be increased during the life of this Agreement as follows:
Allowance
From 1 July 2016
$2.55
Building Permit
Value
$437,000
From 1 March 2017
$2.60
$445,000
From 1 March 2018
$2.65
$453,000
Provided that on projects in excess of the site allowance threshold contained in the Site
Allowance table in this Appendix, the site allowance prescribed shall apply.
(b)
Alpine Areas
The Company shall pay an Alpine disability allowance of $3.60 per hour worked on
projects in alpine areas.
This allowance shall be increased during the life of this Agreement as follows:
(c)
From 1 July 2016
$3.60
From 1 March 2017
$3.65
From 1 March 2018
$3.70
Major Events including Phillip Island Motorcycle Grand Prix, Avalon Air Show,
Albert Park Formula One Grand Prix, etc
(i)
With the exception of the Albert Park Formula One Grand Prix, the Company
shall pay an allowance of $2.60 per hour worked on the above projects.
This allowance shall be increased during the life of this Agreement as follows:
(ii)
From 1 July 2016
$3.25
From 1 March 2017
$3.30
From 1 March 2018
$3.35
The Company shall pay the current City of Melbourne (New Projects) site
allowance provided for in this Appendix per hour worked on the Albert Park
Formula One Grand Prix project.
90
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
(d)
Demolition work
(i)
Where Employees covered by this Agreement are employed in connection with
and on work with Employees of demolition contractors on major demolition
works they shall be paid in lieu of the relevant Site Allowance.
This allowance shall be increased during the life of this Agreement as follows:
(ii)
From 1 July 2016
$6.40
From 1 March 2017
$6.70
From 1 March 2018
$7.05
Where Employees covered by this Agreement are directly performing major
demolition works that would require a permit that allows demolition to perform
such work, they will receive the amount provided below in lieu of the relevant
Site Allowance:
From 1 July 2016
6.
$7.15
From 1 March 2017
$7.50
From 1 March 2018
$7.85
Amounts payable in addition to site allowance
(a)
Altona Area Allowance
An Employee working on construction work (as defined) within a 8 km radius from the
intersection of Kororiot Creek Road and Millers Road, Altona shall, when employed on
chemical or petrochemical plants or on commercial or industrial construction jobs within
1 km of the nearest part of the perimeter of such plants or within the perimeter of storage
tank farms, be paid an all-purpose allowance of $1.10 per hour extra. This allowance
will be adjusted annually (effective from 1 July) in accordance with CPI movements (All
Groups, Melbourne) for the preceding 12 months to March (increases to be rounded to
the nearest 5 cents).
(b)
Service Core Allowance
(i)
The Company shall pay $1.40 per hour for all work carried out in construction
of service core. This allowance will be adjusted annually (effective from 1 July
2016) in accordance with CPI movements (All Groups, Melbourne) for the
preceding 12 months to March (increases to be rounded to the nearest 5 cents).
(ii)
For a period of up to five working days, when Employees working in the service
core are required to walk beyond four levels and up to a maximum of six levels,
they will be paid double the Service Core Allowance.
7.
Long Service Leave
7.1
Long service leave shall be in accordance with, and provided by, Co-Invest.
7.2
All Employees will be registered by the Company with Co-lnvest. When an Employee has
accrued an entitlement to long service leave, and after giving 4 weeks’ notice to the Company,
the Employee will be entitled to take such leave, subject to agreement with the Company.
Agreement for leave will not be unreasonably withheld by the Company.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
8.
Superannuation
8.1
The Company superannuation contributions to be paid each week to Employees (other than
Employees who are members of the Defined Benefit Fund of the LLSP) will be in accordance
with the following table:
1/01/2016
1/02/2017
1/02/2018
1/02/2019
New Entrant
$194.24
$203.95
$214.15
$214.15
CW1
$201.14
$211.20
$221.76
$221.76
CW2
$204.88
$215.12
$225.88
$225.88
CW3
$207.97
$218.37
$229.29
$229.29
CW4
$211.06
$221.61
$232.69
$232.69
CW5
$216.06
$226.86
$238.21
$238.21
CW6
$221.12
$232.18
$243.78
$243.78
CW7
$226.22
$237.53
$249.41
$249.41
CW8
$231.20
$242.76
$254.90
$254.90
CW9
$236.20
$248.01
$260.41
$260.41
9.
Redundancy
9.1
The Company is, and will remain during the life of this Agreement, a member of the Redundancy
Payment Approved Workers Entitlement Fund 1 (‘Incolink Number 1 Fund’) of which
Redundancy Payment Central Fund Ltd (‘Incolink’) is trustee, and all the Employees of the
Company within the scope of this Agreement will be enrolled in the Incolink Number 1 Fund
and be entitled to redundancy benefits in accordance with the terms of the Trust Deed.
9.2
The Company shall pay contributions to the Incolink Number 1 Fund on behalf of each
Employee (other than apprentices) on a weekly basis in accordance with the Trust Deed. If
Incolink nominates any other fund under clause 9.4 of this Appendix, the Company shall pay
contributions to that fund on behalf of each Employee on a weekly basis and in accordance with
the constituting documents of that other fund.
9.3
The liability of the Company to pay redundancy payments to an Employee under this clause
will be met by the making of the contributions on behalf of each Employee required as a member
of the Incolink Number 1 Fund, or by another fund nominated by Incolink under clause 9.4 of
this Appendix.
9.4
References in this clause to ‘Incolink Number 1 Fund’ include a reference to another fund for
comparable purposes nominated by Incolink for the purpose of this Agreement as a fund which
supersedes the Incolink Number 1 Fund.
92
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
10.
Income Protection, Trauma and Journey Insurance
10.1
The Company is, and will remain during the life of this Agreement, a participating employer in
the Incolink Number 1 Fund (or other redundancy fund of which Incolink is a trustee) and an
employer member of IPT Agency Co Ltd or IPT Agency Co (No. 2) Ltd. IPT Agency Co Ltd and
IPT Agency Co (No. 2) Ltd administer the insurance schemes covering income protection,
trauma and journey accidents (Income Protection, Trauma and Journey Accidents Insurance
Schemes).
10.2
The Company shall pay contributions to IPT Agency Co Ltd or IPT Agency Co (No. 2) Ltd (as
relevant) on behalf of each Employee employed within the scope of this Agreement, on a
monthly basis, in accordance with the Constitution of IPT Agency Co Ltd or IPT Agency Co (No.
2) Ltd (as relevant).
10.3
Pursuant to the Income Protection, Trauma and Journey Accidents Insurance Schemes, an
Employee of the Company employed within the scope of this Agreement will:
(a)
(Income Protection) receive defined weekly payments available from Incolink as
outlined the table below in the event of an extended work absence arising from any
personal illness or injury that occurs at the time the Employee is an Employee of the
Company.
Date
11.
Benefit (per week)
Company Weekly
Payment
1 October 2016
$1,400
$19.05
1 October 2017
$1,450
$21.05
1 October 2018
$1,500
$23.05
1 October 2019
$1,500
$24.05
(b)
(Trauma) receive or have paid on their behalf financial compensation in the event of a
major work related accident (i.e. WorkCover) resulting in the death or permanent
disablement of the Employee and occurring at the time the Employee is an Employee
of the Company (the full and precise conditions of this cover will be in accordance with
the terms of the insurance policy and is available from Incolink).
(c)
(Journey Accidents) receive payments in accordance with the terms of the insurance
policy for the duration of the Employee’s absence (the full and precise conditions of this
cover will be in accordance with the terms of the insurance policy and is available from
Incolink) if:
(i)
the absence is because the Employee is unable to work due to injuries resulting
from any accident incurred during journey between the Employee’s residence
and the workplace, that occurs at the time the Employee is an Employee of the
Company; and
(ii)
all such absences are supported by certification of a duly authorised medical
practitioner and indicating the causal nexus between the travel to and from
work and the Employee’s inability to attend for work.
Hours of Work, Protection of Leisure Time & Rostered Days Off (RDOs)
Overtime
11.1
Except as varied herein, overtime will be worked in accordance with the provisions of the Award.
11.2
Such overtime will be calculated by applying the divisor of 1/36th to the Employee’s weekly rate
as prescribed herein.
11.3
All overtime shall be paid at double ordinary time rates.
93
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
11.4
11.5
11.6
Leisure Time Protected
(a)
It is the intention of the parties that excessive overtime will not be worked.
(b)
To this end the general standard of weekly hours will usually not be more than 56 per
week (Monday to Saturday) for an individual Employee, provided that the aforesaid
‘usual weekly hours’ may by agreement between the parties be exceeded from time to
time to meet the needs of the project, or a specific task on a project.
(c)
The intentions of the parties in this matter are:
(i)
The Company is not restricted as to the setting of daily hours within the 56 hour
standard;
(ii)
It is acknowledged that additional hours are necessary for particular personnel
(e.g. [without limiting the foregoing] crane crews; peggies; first aiders; hoist
drivers, concrete finishers, site security personnel), and such situations are not
affected or restricted by this provision, as they are agreed to be a normal
necessity of the industry;
(iii)
If time is lost on a project due to any reason including (without limiting the
foregoing) Inclement Weather, then such time may be made up by the
scheduling of additional overtime provided that the total hours do not exceed
56 hours for the week for the individual Employee;
(d)
Nothing in this clause shall be read as to imply that payment as for 56 hours is
guaranteed, and nothing in this clause shall diminish the right of the Company to
schedule a lesser weekly program of hours.
(e)
An Employee may refuse to work overtime in circumstances where the working of such
overtime would result in the Employee working hours which are unreasonable having
regard to matters including:
(i)
any risk to Employee’s health and safety including the risk of fatigue i.e.
excessive hours, exposure to noise, fumes, or any matter that can impair an
Employee’s ability to work safely and/or create a danger to Employees;
(ii)
the Employee’s personal circumstances including any family responsibilities;
(iii)
the needs of the workplace or enterprise;
(iv)
the notice (if any) given by the Company of the overtime and by the Employee
of his or her intention to refuse it; and
(v)
any other relevant matter.
Offer and Acceptance of Weekend Overtime
(a)
Offer of weekend overtime will be made to Employees prior to the normal meal break
on Thursday. However, where through extraordinary circumstances the Company is
either (i) unable to give such notice, or (ii) unable to proceed with such scheduled
overtime, the Company may offer I cancel such overtime by notifying affected
Employees before the finish time of ordinary hours on Friday.
(b)
Overtime will be offered on a work required basis.
(c)
Employees who accept an offer of weekend overtime will be obliged to attend.
However, Employees through extraordinary circumstances, may find themselves
unable to fulfil their commitment to attend site. Such Employees will notify the Company
before the planned finishing time on Friday.
Minimum Payment
(a)
Overtime worked on a Saturday or Sunday will be paid for at the rate of double ordinary
time rates. Employees required to work on a Saturday or Sunday will be afforded a
minimum four (4) hours work, or be paid as if for four (4) hours at the aforementioned
overtime rates.
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Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
11.7
Public Holiday Work
(a)
11.8
11.9
For Employees other than shiftworkers, double time and a half must be paid for any
Public Holiday Work with a minimum payment of four (4) hours.
Work on Fridays
(a)
The parties will endeavor to ensure that wherever possible normal productive work shall
cease at the finish of ordinary hours on Fridays. This does not mean that no productive
work can continue past this time and the parties will ensure that a sensible approach to
this clause is maintained. That is, work will be able to continue if the work is necessary
for the production schedule to be maintained or to ensure that other Employees can be
productively employed.
(b)
Other circumstances where work will be able to continue include the following: to
recover time lost due to excessive periods of inclement weather, matters not
necessarily the fault of the Company which have led to the project being delayed or
behind schedule, the requirement to meet the Principal’s work program and unexpected
delays in the project due to scheduling of other works or supply of materials.
Alternative Sunday Flexi-Time Arrangement
(a)
As agreed between the Employee and the Company, time worked on Sunday may be
paid at either the traditional double time rates or at single time rates with the equivalent
single time hours being allocated to a separate bank to be taken as time off in lieu at a
mutually agreeable time.
(b)
An Employee's Sunday Flexi-Time bank must never exceed 40 hours. Payment for
days taken under the Sunday flexi-time arrangement is paid at the Employee Benefit
Rate applicable at the time of the taking of the flexi-time day.
Breaks
11.10
One ten minute paid morning rest break and one 30 minute unpaid lunch break will be
scheduled within 6 hours after work starts. Where an Employee is required to work more than
two hours overtime after the usual ceasing time of the day or shift they shall be allowed a 20
minute rest break paid at ordinary time rates prior to commencing overtime. Employees who
take payment in lieu of stopping work for this break will be regarded as having worked a further
20 minutes and shall be paid at overtime rates.
11.11
An Employee working overtime on a Saturday, Sunday or Public Holiday shall be allowed a 30
minute combined Rest Period/Meal/Crib Break after four hours’ work, such time to be paid at
double ordinary time rates, with a further 20 minute Crib break to be paid at double ordinary
time rates if the overtime continues past 8 hours worked.
11.12
In the case of overtime work being cancelled by the Company at the end of the 4 hour minimum
or any time thereafter, Employees will, in addition to the payments as prescribed, be paid for
the 30 minutes combined Crib/Meal/Rest Period if not already taken.
11.13
If work proceeds beyond the 4 hours minimum then Employees will be paid for all time so
worked.
11.14
Minimum Break between Shifts
In lieu of clauses 23.2(a) and (b) of the Agreement, the following provisions apply in Victoria:
(a)
Where it is necessary to work extended overtime, it is agreed that no Employee shall
resume or continue to work without having had ten consecutive hours off duty between
the termination of the overtime and the commencement of the Employee’s ordinary
work on the next day or shift.
(b)
In the event that an Employee agrees to a request from site management to resume or
continue to work without having had ten consecutive hours off duty, the Employee shall
be paid at double ordinary time rates until the Employee is released from duty for such
period.
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(c)
If the Employee has worked extended overtime on two consecutive days where they
have had two ten consecutive hours off duty and in the event of any further extended
overtime, the Employee shall not resume or continue to work without having had twelve
consecutive hours off duty in the event that an Employee agrees to a request from site
management to resume or continue to work without having had twelve consecutive
hours off duty, the Employee shall be paid at double ordinary time rates until the
Employee is released from duty for such period.
Rostered Days Off (RDOs)
11.15
The ordinary working hours shall be worked in a 10 day/ 2 week cycle, Monday to Friday
inclusive with eight hours worked for each nine [9] days, and with 0.8 of an hour on each of
those days accruing toward the tenth day, which shall be taken as a paid day off. The tenth day
shall be known as the Rostered Day Off or ‘RDO’.
11.16
RDOs are paid at the ordinary time rate paid to Employees at the time of taking the RDO, and
shall include the daily ‘Fares & Travelling Allowance’, and any applicable Site Allowance as
prescribed by this Agreement.
11.17
For clarity, 26 RDOs shall be accrued by an Employee in each 12 months continuous service.
11.18
Each day of paid leave taken and any public holiday occurring during any cycle of two weeks
will be a day worked for accrual purposes.
11.19
Upon commencement of employment, Employees who have not worked a complete ten day/two
week cycle, shall receive pro-rata accrual entitlements for the first RDO or group of RDOs falling
after their commencement of employment. Thereafter, for the duration of employment with the
Company, RDOs will be paid in full as they occur.
11.20
Upon termination of employment, an adjustment will be made to ensure that the full RDO
entitlements, and no more, have been provided. This means that Employees then having
received more RDO’s than they were entitled to will have the relevant amount removed from
final termination payments, and Employees who have received less than their full RDO
entitlement will have the outstanding amount added to final termination payments.
11.21
RDO Schedule, Public Holidays, Lock Down Weekends and Christmas Annual Leave
(a)
11.22
The agreed RDO calendar for the Company (unless otherwise varied in accordance
with this Agreement) is in accordance with Appendix 8 and reflects the agreed
scheduling of Lock Down Weekends, Rostered Days Off and Christmas/Easter Annual
Leave shutdown for 2016, 2017, 2018, 2019 and 2020.
Work on Scheduled RDOs
(a)
Work may take place on a scheduled RDO or on any substituted day where it is required
by the Company and such work is necessary to allow other employees to be employed
productively to carry out out-of-hours maintenance or because of unforeseen delays to
a particular project or a section of it or for other reasons arising from unforeseen or
emergency circumstances on a project.
(b)
Such circumstances would include the following: excessive periods of inclement
weather, matters not necessarily the fault of the Company which has led to the project
being delayed or behind schedule, the requirement to meet the Company’s work
program and unexpected delays in the project due to scheduling of other works or
supply of materials, or work that cannot be performed on other days because of
municipal council restrictions, or other relevant laws or regulations.
(c)
Where the Company requires work to be performed on a scheduled RDO (or any
substituted day) because of the existence of any of the above, it will:
(i)
At least 9 calendar days prior to the scheduled RDO consult with the affected
Employees;
(ii)
Determine that all affected Employees agreed to work on the scheduled RDO;
and
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(iii)
(d)
11.23
11.24
An Employee may refuse to work on a scheduled RDO (or any substituted day) if the
requirement to do so is plainly unreasonable having regard to:
(i)
the hours of work that will be worked by that Employee in the week of the
scheduled RDO;
(ii)
the Employee’s family responsibilities; and
(iii)
any other special circumstances peculiar to the Employee.
(e)
An Employee cannot be required to work on more than two scheduled RDOs in any six
week period.
(f)
Such work shall be paid for at ordinary time rates of pay.
(g)
All Employees who work on the scheduled RDO will be granted an alternative RDO to
another day falling within six weeks of the originally scheduled day provided that the
re-scheduled RDO is to be taken on a day or days adjacent to a weekend or in
conjunction with annual leave, or as otherwise agreed by the parties, such agreement
not to be unreasonably withheld.
Disputes concerning the Company’s intent to work on a particular scheduled RDO
(a)
Where in accordance with the disputes resolution procedure, the union has been
advised by the affected Employees of a concern regarding the process undertaken to
work on the scheduled RDO (or substituted day) it will, by close of business on the
Monday following the provision of the Company’s notification, notify the Company and
the Disputes Panel of this concern.
(b)
Given the nature of the urgency of such matters, the Disputes Panel will prioritise such
disputes to be heard within 1 working day (where practicable).
(c)
Prior to the scheduled Disputes Panel hearing, the parties may hold discussions to
attempt to resolve the matter.
(d)
Where the union fails to notify the Company and the Disputes Panel by close of
business on the Monday following the provision of the Company’s notification, work
shall be performed on the scheduled RDO (or substituted day) in question unless prior
to the scheduled RDO (or substituted day), the Disputes Panel has heard the matter
and determined that the necessary requirements for working on a scheduled RDO (or
substituted day) under this clause have not been met by the Company.
(e)
Where an Employee(s), a Union Delegate/Employee Representative or the Union have
a concern over the Company’s operation of this provision, they may at any time request
to review the Company’s practice. If necessary, the matter could be referred to the
Disputes Panel for review.
(f)
Any such review must be independent of any particular intention to work on a scheduled
RDO.
Unforeseen and Emergency Scheduled RDO work where 9 Calendar Days’ Notice not
Provided
(a)
11.25
Notify the Union in writing (fax or email) at least 9 calendar days prior to the
RDO that work will be performed. The Work on RDO Notification Form at clause
22 of this Appendix may be used by the Company for this purpose.
If 9 calendar days’ notice is not provided by the Company in accordance with clause
11.22(c)of this Appendix, then the affected Employees, in addition to accrued
entitlements, shall be paid penalty rates and provisions as prescribed for Sunday work
in the Award.
Alternate RDOs
(a)
Where the Company and a majority of the Employees at an enterprise or job site agree,
another day may be substituted for the scheduled RDO.
(b)
The union shall be notified concerning such substitution, such notification will take place
5 working days prior to the change being implemented.
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(c)
11.26
11.27
11.28
Where there is a dispute in relation to an alternate RDO and is unable to be resolved
at the workplace level, the matter may be determined in accordance with clause 31
(Grievance and Dispute Resolution) of this Agreement.
Banking of RDOs
(a)
Where the Company and an Employee agrees, up to five RDOs may be accrued for
the purpose of creating a bank to be drawn upon by the Employee at times mutually
agreed.
(b)
Details of such banked RDOs shall be entered on to each Employee’s employment
records.
(c)
Where there is a dispute in relation to the operation of this subclause and is unable to
be resolved at the workplace level, the matter will be determined in accordance with
clause 31 (Grievance and Dispute Resolution) of this Agreement.
Easter and Christmas Shut Down
(a)
It is agreed that annual leave is to be taken as per the industry calendars in Appendix
8 of this Agreement.
(b)
Where the Company decides to close a site over the Easter and Christmas/New Year
period in excess of the agreed Shut Down period, the Company shall give at least 2
months’ notice to Employees.
(c)
Employees who do not have sufficient leave may be given Annual Leave in advance or
leave without pay.
(d)
Notwithstanding anything elsewhere contained in this Agreement, the Company may
request any Employee to work in unforeseen or emergency circumstances during
Easter and/or the Christmas period on an essential project such as schools, hospitals,
manufacturing industry shutdowns, etc. In any such event the Company shall recognise
the individual right of Employees not to work, provided that Employees shall not
unreasonably refuse such a request.
Picnic Day
(a)
The Parties agree that Building Industry Picnic Day will continue to apply during the life
of this Agreement in accordance with the following:
(i)
The first Monday in December of each year shall be the building industry picnic
day, except in Mildura. The second Monday in December shall be the building
industry picnic day within an area of 25 kilometres from Mildura.
(ii)
All Employees shall, as far as practicable, be given and shall take this day as
picnic day without deduction of pay.
(iii)
Any Employee required to work on this day shall be paid at the rate of double
time and a half; provided that an Employee who attends for work as required
on this day shall be paid for not less than four hours work.
(iv)
The Company may require from an Employee evidence of his/her attendance
at the picnic and the production of the butt of a ticket issued for the picnic shall
be sufficient evidence of such attendance. Where such evidence is requested
by the Company payment need not be made unless the evidence is produced.
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12.
Inclement Weather
12.1
This inclement weather clause sets out the full rights, obligations and entitlements of the parties
and establishes the conditions under which payment for periods of inclement weather shall be
made.
12.2
This Inclement Weather clause is to be read and observed in lieu of the provisions of the Award.
12.3
The purpose of this clause is to set out the procedures and processes which must apply
concerning the suspension of work in areas exposed to inclement weather as defined, and
prescribes the conditions regulating payment of ordinary time wages for Employees who cannot
be re-assigned to work out of the inclement weather.
(a)
Definition
(i)
(b)
(c)
Hot weather guidelines
(i)
Under this Agreement, temperature of or above 35°C shall be defined as
constituting ‘inclement weather’ for work in the Greater Melbourne area. This
definition will be subject to review in other regions.
(ii)
When it is expected that the temperature will be 35°C or more, or when the
temperature approaches 35°C, the parties on site shall confer regarding the
performance of work. If work has ceased for two consecutive days due to hot
weather and the Bureau of Meteorology (BOM) has forecast that the
temperature will reach 35°C on the following day and the BOM has also
forecast a cool change for that day, the Employees on site on that day will
remain in air conditioned amenities for one and a half hours after the
temperature reaches 35°C. If the temperature drops to below 33°C, the
Employees will return to work. The Parties will also adopt this procedure for
any subsequent days where the BOM forecasts that the temperature will reach
35°C or more.
(iii)
As part of a process leading to improvements, it is recognised that hot weather
procedure including relocation, must be part of a formal OH&S procedures
developed, adopted and managed on a project basis having regard to the
different conditions that may prevail on projects in various locations.
High Winds
(i)
(d)
Inclement weather shall mean the existence of rain or abnormal climatic
conditions (whether they be those of hail, snow, cold, high wind, severe dust
storm, extreme high temperature or the like or any combination thereof) by
virtue of which it is either not reasonable or not safe for Employees exposed
thereto to continue working whilst the same prevail.
The occurrence of high winds, whilst constituting ‘inclement weather’ affecting
some work processes, does not give rise to an entitlement for any Employee
whose work is suspended to leave the site and be paid. Payment will not be
made for time so lost. The provisions of clauses 12.4 and 12.5 of this Appendix
do not apply to the time any work is suspended due to the effects of high wind.
Temperature Measurement
(i)
Temperature will be measured by the nearest automatic Melbourne Bureau of
Meteorology Monitoring Station unless otherwise agreed between onsite
management and Union Delegate/Employee Representative at the
commencement of each project. If any disputation under this clause cannot be
resolved at the workplace level, it will be referred to the Disputes Panel under
clause 31 (Grievance and Dispute Resolution) of the Agreement as soon as
practicable.
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(e)
(f)
Working Arrangements
(i)
The current industry practice whereby all Employees on site working in direct
sunlight were relocated to shaded or air-conditioned areas when the
temperature reached 32°C, will no longer operate.
(ii)
At temperatures below 35°C workers are not to be relocated out of direct
sunlight unless the work environment creates a serious risk to their health and
safety, having regard to the nature of the tasks being undertaken, provided that
the task or activity being performed is completed and the penalty provisions as
for emergency work under the Award shall apply.
(iii)
Once the temperature reaches 35°C work will cease, and workers may leave
the site, provided that the task or activity being performed is completed and the
penalty provisions as for emergency work under the Award shall apply.
(iv)
During periods of hot weather, work in air conditioned environments shall
continue as normal. Workers will walk a reasonable distance through the open
to and from amenities and the air-conditioned work space, provided it does not
pose a serious threat to their health or safety.
(v)
By agreement with the OH&S committee and head contractor during periods of
inclement weather (heat) the Saturday break roster can be applied to weekday
work.
(vi)
It is expressly agreed that, other than as provided for in this clause 12.3(e),
work shall not cease at any temperature below 35°C, and any stoppage of work
prior to 35°C shall be a breach of this Agreement, rendering the Employees
ineligible for any payment which may otherwise accrue.
Payment
(i)
An Employee shall not be entitled to payment for inclement weather as
provided for in this clause unless the Employee remains on the job until the
provisions set out in this clause have been observed.
(ii)
The entitlement to payment for time lost due to inclement weather is an
entitlement limited to ordinary time lost, and does not apply to overtime and/or
weekend work. Should overtime or weekend work be suspended due to
inclement weather, then overtime payments will cease subject to the provisions
of this Agreement concerning minimum payment for Saturdays and Sundays in
which case the minimum time payments as prescribed by the Agreement shall
apply.
(iii)
All necessary steps shall be taken to ensure a full working understanding of the
inclement weather standards, as contained in this Agreement, is achieved and
maintained by the management and workers.
(iv)
Should a portion of the project be affected by inclement weather, all other
Employees not affected shall continue to work in accordance with the
appropriate Agreement provisions, regardless that some Employees may be
entitled to cease work due to inclement weather.
(v)
Should a portion of the project be affected by inclement weather, Employees
can be transferred to another work location under cover on the site or to another
site in accordance with the provisions prescribed herein. In particular, crane
crew will remain on site after four hours whilst any of the remaining structures
crew are on site (or in the case of an agreed emergency). Any members of the
crane crew remaining on the site after the four hour period will be paid to their
planned finish time of that day.
(vi)
Employees who are required to commence work at or after the end of the
ordinary day work hours and when the temperature is at or over 35°C will
remain on site in air conditioned amenities for a minimum two hours, holding
themselves available to commence work should the temperature fall below
35°C.
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(vii)
(g)
Prior to any Employee leaving the site due to inclement weather, consultation
shall take place between Union Delegate/Employee Representative and Site
Management. Any stoppage of work, or withdrawal from site, without due
consultation will mean that all involved Employees are denied an entitlement to
payment as per this clause.
Entitlement to payment
(i)
(ii)
An Employee shall be entitled to payment by the Company for ordinary time
lost through inclement weather for up to 32 hours in every four weeks. For the
purpose of this sub-clause the following conditions shall apply:
(A)
The first period shall be deemed to commence on 28 February 2005
and subsequent periods shall commence at four weekly periods
thereafter.
(B)
An Employee shall be credited with 32 hours at the commencement of
each four weekly period.
(C)
The number of hours at the credit of any Employee at any time shall
not exceed 32 hours.
(D)
If an Employee commences employment during a calendar month the
Employee shall be credited 32 hours where the Employee commences
on any working day within the first week; 24 hours where the Employee
commences on any working day within the second week; 16 hours
where the Employee commences on any working day within the third
week; and 8 hours where the Employee commences on any working
day within the fourth week.
(E)
No Employee shall be entitled to receive more than 32 hours’ inclement
weather payment in any calendar month.
(F)
The number of hours credited to any Employee under this clause shall
be reduced by the number of hours for which payment is made in
respect of lost time through inclement weather.
(G)
Payment under this clause shall be weekly.
Provided further and subject to clause 12.3 (g)(i)(D), an Employee working on
a part time basis pursuant to the Award shall be entitled to payment on a prorata basis according to the number of ordinary hours agreed to be worked in
the four week period. The method of calculation of a part-time daily hire
Employee’s proportionate entitlement shall be as follows:
32 x Number of hours agreed to be worked during the four week period
152
(h)
Transfers
(i)
Employees may be transferred from one location on a site where it is
unreasonable to work due to inclement weather, to work at another location on
the same site, or another site, which is not affected by inclement weather
subject to the following:
(A)
No Employee shall be transferred to an area not affected by
inclement weather unless there is work available in the Employees’
classification.
(B)
Employees may be transferred from one location on a site to work in
areas which are not affected by conditions of inclement weather even
though there may not be work for all Employees in such areas.
(C)
Employees may be transferred from one site to another site and the
Company shall provide, where necessary, transport.
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(i)
(j)
(k)
Conference Requirement and Procedure
(i)
The Company, or the Company’s representative, shall, when requested by the
Employees or their Union Delegate/Employee Representative, confer (within a
reasonable period of time which should not exceed 1/2 hour) for the purpose
of determining whether or not conditions are inclement.
(ii)
Provided that if the Company or the Company’s representative refuses to
confer within such reasonable period, Employees shall be entitled to cease
work for the rest of the day and be paid inclement weather.
Cessation and Resumption of Work
(i)
At the time Employees cease work due to inclement weather the Company or
the Company’s representative on site and the Employee’s Representative shall
agree and note the time of cessation of work.
(ii)
After the period of inclement weather has clearly ended the Employees shall
resume work and the time shall be similarly agreed and noted.
Safety
(i)
12.4
Where an Employee is prevented from working at the Employee’s particular
function as a result of unsafe conditions caused by the inclement weather, the
Employee may be transferred to other work in the Employee’s classification on
site, until the unsafe conditions are rectified. Where such alternative is not
available and until the unsafe conditions are rectified, the Employee shall
remain on site. The Employee shall be paid for such time without reduction of
the Employees’ inclement weather entitlement.
Requirements for Work to Continue on Sites Affected by Wet Weather
(a)
Where Employees are prevented from working because it is raining:
(i)
for more than an accumulated total of four hours of ordinary time in any one
day; or
(ii)
after the meal break, for more than an accumulated total of 50% of the
remaining work time; or
(iii)
during the final two hours of the normal work day for more than an accumulated
total of one hour,
the Company shall not be entitled to require the Employees to remain on site beyond
the expiration of any of the above circumstances.
(b)
12.5
Provided that where, by agreement between the Company and/or the Company’s
representative and the Employee’s representative, the Employees remain on site
beyond the periods specified above, any such additional wet time shall be paid for but
shall not be debited against the Employees’ hours.
Rain at Starting time
(a)
Where the Employees are in the sheds, because they have been rained off, or at
starting time, morning tea, or lunch time, and it is raining, they shall not be required to
go to work in a dry area or to be transferred to another site unless:
(i)
The rain stops; or
(ii)
A covered walkway has been provided; or
(iii)
The sheds are under cover and the Employees can get to the dry area without
going through the rain; or
(iv)
Adequate protection is provided. Protection shall, where necessary, be
provided for the Employees’ tools.
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(v)
(b)
12.6
12.7
13.
In the case of mechanical plant operators carrying out early works as the
principal activity or mechanical plant demolition on a site and they have a dry
cabin to work from and they can safely access their cabin without getting
’drenched’, they will return to work so long as the work itself is safe to perform.
The Company will ensure that other necessary personnel are provided to
ensure safety of the workforce and the public.
In this clause, a dry area shall mean a work location that has not become saturated by
rain or where Employees would not become wet.
Dewatering
(a)
Where the whole of a site is so affected by surface water following a period of rain
that all productive work is suspended by agreement of the parties, then dewatering will
proceed with Employees so engaged being paid at penalty rates as is the case for
safety rectification work. When other Employees are undertaking productive work in an
area or areas not so affected then dewatering will only attract single time rates.
(b)
Where a part of a site is affected by surface water following a period of rain, thus
rendering some areas unsafe for productive work, consistent with the Company’s
obligations under the applicable OH&S Act, appropriate Employees shall assist in the
tidying up of their own work site or area if it is so affected. Where required, appropriate
Employees will be provided with the appropriate PPE. Such work to be paid at single
time rates. Productive work will continue in areas not so affected.
(c)
To avoid any confusion any ‘dewatering’ time which prevents an Employee from being
engaged in their normal productive work is not included in any calculation for the
purposes of determining whether an Employee is entitled to go home due to wet
weather (refer clauses 12.4 and 12.5 of this Appendix)
Compliance of Concrete Pours and Emergency Work
(a)
Except as provided in this sub-clause an Employee shall nor work or be required to
work in the rain.
(b)
Employees shall not be required to start a concrete pour in inclement weather.
(c)
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.
(d)
If an Employee’s clothes become wet as a result of working in the rain during a concrete
pour the Employee shall, unless the Employee has a change of dry working clothes
available, be allowed to go home without loss of pay.
(e)
The provisions of clauses 12.7(c) and 12.7(d) hereof shall also apply in the case of
emergency work where the Employees concerned and their delegates agree that the
work is of an emergency nature and can start and/or proceed.
Rectification of Safety Hazard
(a)
Where, because of the existence of a safety hazard, a site has been stopped for a
defined period of time and Employees sent off site by agreement between Site
Managers and any combination of Union Official/s, Health and Safety Committee, those
people who remain on site to do rectification work will be paid at the rate of double time
for all such work.
(b)
This would not be applicable on normal de watering (see clause 12.6 above) or normal
housekeeping work or where a section of the site has been declared unsafe and normal
rectification occurs whilst the remainder of the site carries on working. It is agreed that
any ‘housekeeping’ work performed on projects is to be paid at single time rate.
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(c)
Sabotage
Sabotage is of concern to all parties involved on any work site and may affect safety,
and therefore both the physical and mental well being of all persons on site.
The parties to this Agreement will not tolerate sabotage, and will ensure that any
person/s responsible for such action is immediately dismissed.
It is accepted that the relevant authorities may have to be notified, and provisions of
the applicable OH&S Act implemented.
14.
Crane Erection and Jumping
14.1
Cranes and man/material hoists may be erected, altered, climbed and dismantled during times
when ordinary production works are in progress subject to the work being done in full
compliance with a relevant operational safety zone (OSZ) plan which has been developed
specifically for that operation with consideration to overall site safety.
14.2
The crane crew for each tower crane (Crane Crew) must consist of the following:
14.3
(a)
Crane driver; and
(b)
Three dogmen.
In addition to the appropriate tickets held by the crane driver and the dogmen, the following
high risk licences must be held amongst the Crane Crew:
(a)
Rigging; and
(b)
Material handling.
14.4
Where a Project consists of a single Crane Crew, the Company should endeavour to ensure
another member of the Crane Crew holds a crane driver licence.
14.5
Materials and passenger lifts will be provided in accordance with clause 16 of this Appendix.
15.
Amenities
15.1
The Parties agree that it is the responsibility of the Head Contractor/Principal/Occupier to
ensure that the amenities prescribed by the Code of Amenities are provided as a minimum.
Where, however, that standard is not maintained due to an action or event beyond the control
of the Company, the Company should be allowed reasonable time in which to rectify the
problem.
15.2
In all instances, the following procedure shall be observed:
15.3
(a)
A uniformly high standard of amenities and facilities such as ablution blocks, change
rooms, crib sheds, etc., shall be provided.
(b)
Where there is an issue relating to amenities, the immediate concern must be to rectify
the issue. A reasonable period will be allowed for the Company alleged to have
committed a breach, to comply with all requirements of this clause. While steps are
being taken to rectify the issue, there shall be no bans or limitations restricting the
Company’s ability to rectify the issue.
Mess/Change Shed Facilities Dimension/Construction Requirements and Construction
Sheds.
(a)
All Sheds shall be weatherproof and soundly constructed to an approved standard with
sufficient windows and doors, adequate ventilation and lighting. They must have a floor
above ground level and be lined on ceilings and walls.
(b)
Mess Shed/s fitted with fly screens are provided for exclusive use of workers and not
for the storage the Company’s equipment, tools and materials.
(c)
Shed/s shall provide not less than 0.75 square metres of floor space per person
employed at any one time, provided that the area be not less than 4.65 square metres.
Fixtures, other than tables and chairs, shall not be included when calculating floor
space.
104
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
15.4
15.5
(d)
Where 5 or more persons are employed at one time, the floor area shall not be less
than 9 square metres.
(e)
Adequate facilities are to be provided for warmth and for drying clothes e.g. strip
heaters.
(f)
Provided that 20 or more persons are employed on site at any one time, the Company
shall provide a separate shed or sheds for messing, which shall be of such dimension
as to provide not less than 0.75 square metres of floor space per person.
(g)
First Aid facilities will be maintained at the highest standard and kept clean at all times.
Contents
(a)
In the changing facilities, separate clothes hanging facilities for each person employed
are to be provided (coat hooks only to be used).
(b)
In the changing facilities, sufficient seating accommodation for the changing of work
apparel is to be provided.
(c)
In the messing facilities, sufficient tables with fixed washable laminex or vinyl surface,
and seating for the taking of meals, are to be provided.
(d)
Food warming facilities to be supplied, together with a supply of cool, clean water
conveniently accessible, as well as boiling water, tea, milk, coffee and sugar at all
meal/rest breaks.
(e)
Receptacle for garbage with bin liner and rat and fly proof is to be supplied in mess
area, and emptied regularly.
(f)
A washable vinyl floor surface in all facilities is to be provided.
(g)
Shelving is to be supplied in the mess shed for storage (cups, lunch bags, etc.).
(h)
All facilities are to be cleaned and disinfected twice daily.
Sanitary Facilities – Construction
(a)
Closets shall be soundly constructed and roofed with weatherproof material. The floor
of each closet shall be well drained and constructed of concrete, bricks and cement, or
of other approved materials which shall be impervious to water. Every closet shall be
well lighted by natural or artificial light and shall be ventilated. Each closet shall have a
hinged door, capable of being fastened on the inside, lift seats/flaps and toilet paper.
(b)
If closets are of single unit construction (only to be used for the formwork process), not
contained within a purpose built ablution block, privacy walls which shield the closet/s
from outside view shall be installed. (Privacy walls are not required for purpose built
ablution blocks eg ATCO huts).
(c)
Where practicable, toilets to be connected to sewerage before commencement of the
job.
(d)
Closet/urinal location to be conveniently accessible to Employees, but not so close as
to cause a nuisance to those persons.
(e)
Where necessary, portable water seal toilets of an approved standard are to be
provided and regularly serviced.
(f)
Conveniently accessible closets and urinals are to be distributed every 5th floor on
multistorey constructions.
(g)
Closets and urinals are to be washed daily with disinfectant and kept in clean, hygienic
condition.
(h)
Adequate washing facilities, suitably drained, and wash basins/troughs are to be
supplied with hot and cold running water.
(i)
Soap and towels are to be supplied.
105
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
15.6
Closet/Urinal Requirements
Employees
Closets
Urinals
1-5
1
Nil
6-10
1
1
11-20
2
2
21-35
3
4
36-50
4
6
51-75
5
7
76-100
6
8
15.7
For each additional 20 persons or part thereof up to 200 persons, one additional urinal and one
additional closet is required. For each additional 35 persons or part thereof in excess of 200
persons, one additional urinal and one additional closet is required. If a slab urinal is provided,
each 600-mm shall be regarded as one urinal.
15.8
Separate amenities for women will be provided. These shall include changing facilities that meet
the standard for Sanitary Facilities as per the Workplace Code of Practice for Building and
Construction Workplaces, or its successor.
16.
Passenger and Materials Lifts
SECTION 1
16.1
Definition of Building Where Lift Required
(a)
A passenger/materials lift shall be provided on a building which shall, when complete,
consist of more than six (6) storey levels excluding the roof, parapets and basement
levels (if any), but including the ground floor. (Refer to clause 16.2 below)
(b)
For the purposes of this Sub-Clause, a storey level means structurally completed floor,
walls, pillars or columns, and ceilings (not being false ceilings), and shall include
mezzanine or similar levels, but excluding ‘half floors’ such as toilet blocks or store
rooms located between floors.
(c)
For the purpose of defining the number of storey levels in a building; where any plant
room or similar structure does not exceed 25 per cent of the top floor area, such plant
room or similar structure shall not be counted as a storey level or levels as the case
may be.
(d)
For a building with sloping or split floors (e.g., a car park), the method of determining
storey levels shall be by taking the height of that building and dividing its height by the
average floor height of a building which does not have sloping or split floors.
SECTION 2
16.2
When Lift Required
(a)
The passenger/materials lift shall be in operation from the date of commencement of
formwork erection above the floor level of the fifth storey when counted from the lowest
adjacent street level. Floor level means that stage of construction which, in the
completed building, would constitute the walking surface of each particular floor level.
106
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
SECTION 3
16.3
Operation of Lift
(a)
The mode of operation of the passenger/materials lift shall be at the discretion of
Management, but there shall be landings at intervals of not more than four (4) storey
levels. Subject to clause 16.3(c) an Employee would not be required to walk either up
or down more than two floors within the range of the lift, or more than four floors within
the range of the lift.
(b)
When the building has risen so that the formwork exceeds floors above the lift travel,
the lift travel shall be extended.
(c)
If mechanical or power failure puts the passengers/materials lift out of action,
Management must endeavour to correct the failure as soon as possible and have the
passengers/materials lift back in use. During such temporary stoppage of the
passengers/ materials lift, the Employees are expected to walk to their place of work to
a maximum of four (4) levels to work in their respective classification, and no industrial
action or dispute should take place.
In the case of the service core, refer to clause 6 (b) of this Appendix.
(d)
When lifts are also used to carry materials, preference must be given to the transporting
of Employees at the starting, finishing and lunch times. Starting times of various Trades
may be staggered by agreement to avoid lift congestion at starting and finishing times.
(e)
Should a crane or cranes on a building not be able to operate (e.g., because of wind or
mechanical failure), Employees will continue to work to a maximum of four (4) levels
above the range of the lift, provided that the appropriate emergency service is satisfied
that it is capable of being able to provide first aid attendance, and removal if necessary,
to/of any Employee on any section of the project without the use of the crane/s.
(f)
Subject to the provisions of the relevant OH&S legislation, the Lift Driver(s) shall remain
on site to operate the lift to carry passengers.
107
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
HOIST NOT REQUIRED TO BE ERECTED
6
NOTE'
5
-
Roof and pcnpeiS abo¥e
601>~
4
00 NOT q.Jally b a
3
2
BASEMENT AREA
-
/
I•
PLANT ROOM
~
6
5
Does not exceed
25% of Top Floor area
4
3
2
1
,.
BASEMENT AREA
I
(Does nol Qualify)
108
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
HOIST IS REQUIRED TO BE ERECTED
WHEN HOIST IS REQUIRED TO BE ERECTED
109
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
17.
Training and Related Matters
17.1
The Parties will consult on the development of training programs which are consistent with the
following:
(a)
Training provided will be consistent with the Company’s business requirements,
relevant to the work of the Employees, consistent with the skills development of each
Employee and with applicable national competency standards.
(b)
Training may be taken either on or off the job with all reasonable steps being taken to
conduct training in normal working hours.
(c)
If an approved training activity is undertaken during ordinary working hours, the
Employee/s concerned shall not suffer any loss of pay.
(d)
Approved training activities undertaken outside of ordinary hours will be paid at single
time or may, with the consent of the Company, be taken as time off in lieu of payment.
Provided that the scheduling of time off must be consistent with the needs of the
business and be by agreement with the Company.
(e)
Training costs of courses approved by the Company will be met by the Company (e.g.
White Card).
(f)
The Company will not be asked to meet the costs of training undertaken by Employees
which was not approved by the Company.
(g)
Leave of absence granted pursuant to this clause shall count as service for all purposes
of the Award and this Agreement.
(h)
Funding for Training
(i)
In furtherance of the objectives of the above, and as a further initiative to
enhance the employment and career opportunities of the Employees covered
by this Agreement, the Parties will continue to facilitate on-going training to
improve occupational health & safety in the industry and to improve Employees’
work skills so as to advance progression to higher industry skill levels.
(ii)
To support the cost of these training initiatives the Company will make a
payment of $4.50 per Employee per week, such monies to be paid into Incolink
to support that body’s continued training funding initiatives.
(iii)
Provided that the Incolink arrangements be appropriately ordered so as to
provide for:
(A)
Joint employer/union management of the training funding;
(B)
Access to funding in accordance with agreed guidelines, by all
participating employers and unions.
(iv)
In the event of Incolink being unable to provide the above facility, the Parties
agree to establish an alternative mechanism with the intention of meeting the
commitments expressed herein.
(v)
The liability of the Company to pay for the cost of training courses they approve
in accordance with clause 17 of this Appendix, shall be met by the making of
the contributions on behalf of each Employee as required by this clause.
110
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
18.
Occupational Health and Safety
Schedule of Applicable Acts, Regulations & Codes of Practice Relevant to the
Construction Industry
The Parties agree that the existing requirements of applicable State and Commonwealth
occupational health and safety legislation shall in all cases apply.
In addition it is also agreed that the Parties will recognise and adopt in all appropriate
circumstances all Australian/Worksafe/Industry Standards and Victorian Compliance Codes
(including those that are developed while this Agreement is in force). Safety practices as set
out in occupational health & safety authority ‘Alerts’ will be adhered to. The Acts, Regulations,
Codes and Standards operative at the date of this Agreement are set out below:
Acts:
Accident Compensation Act 1985
Accident Compensation (Occupational Health and Safety) Act 1996
Electricity Safety Act 1998
Workers Compensation Act 1958
Occupational Health and Safety Act 2004
Dangerous Goods Act 1985
Equipment (Public Safety) Act 1994
Road Transport (Dangerous Goods) Act 1995
Road Transport Reform (Dangerous Goods) Act 1995 (Commonwealth)
Mines Act 1958
Workplace Injury Rehabilitation and Compensation Act 2013
Regulations:
Accident Compensation Regulations 2001
Dangerous Goods (Explosives) Regulations 2000
Dangerous Goods (HCDG) Regulations 2005
Dangerous Goods (Storage and Handling) Regulations 2000
Dangerous Goods (Transport by Rail) Regulations 1998
Electricity Safety (Installations) Regulations 1999
Equipment (Public Safety) Regulations 2007
Magistrates Court (Occupational Health and Safety) Rules 2005
Occupational Health and Safety Regulations 2007
Road Transport (Dangerous Goods) (License Fees) Regulations 1998
Road Transport Reform (Dangerous Goods) Regulations 1997
Workers Compensation Regulations 1995
Workplace Injury Rehabilitation and Compensation Regulations 2014
Workplace Injury Rehabilitation and Compensation (Savings and Transitional) Regulations
2014
Compliance Codes:
Communicating occupational health and safety across languages Workplace amenities
and work environment
Confined spaces
First aid in the workplace
Prevention of falls in general construction Foundries
Managing asbestos in workplaces
Removing asbestos in workplaces
Industry Standards:
Electrical Installations on Construction Sites Concrete Cutting and Drilling
Precast and Tilt-up Concrete for Buildings Concrete Pumping
Construction and Erection of Bridge Beams
VARICC Standard Specification for Asbestos Removal from Buildings, Structures, Ships,
Plant & Workplaces
111
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Australian Standards:
AS/NZS 4576 - Guidelines for Scaffolding AS/NZS 1576 Parts 1-4 - Scaffolding
AS 1577 - Solid timber scaffold planks
AS 1578 - Laminated timber scaffold planks
AS/NZS 1891.4 - Industrial Fall Arrest Devices - Selection, Use and Maintenance
AS 3828 - Guidelines for the erection of building steelwork
AS/NZS 3012 - Electrical Installations - Construction and Demolition sites
AS 3000 – Electrical Installations
AS 2294 - Protective structures for operators of earthmoving machines
AS 2550 - Parts 1-16 - Cranes - safe use of
AS 1418.1 - Cranes, Hoists and Winches
AS 1418.4 - Cranes - Tower Cranes
AS 1768 - Lightning Protection
AS2601 -The Demolition of Structures
AS1873.l - Power Actuated (PA) Hand Held Fastening Tools, Part 1 Selection, Operation,
and Maintenance.
AS2436 - Guide to noise control on construction, maintenance and demolition sites
AS 3745 - Emergency control organisation and procedures for buildings
AS 3850 - Tilt up concrete construction
AS 3610 - Formwork for concrete
AS 1270 - Acoustics - Hearing protectors
AS/NZS 1800 - Occupational Protective Helmets - selection, care and use
AS/NZS 1336 - Recommended practices for occupational eye protection
AS /NZS 1337 - Eye Protection
AS/NZS 4501.2 - Occupational protective clothing - General requirements
AS 1715 - Selection, use and maintenance of respiratory protective devices
AS 1716 - Respiratory Protective Devices
AS/NZS 2210 - Occupational protective footwear - guide to selection, care and use
AS 1674.1 - Safety in Welding and allied processes
AS 1674.2 - Safety in Welding and allied processes - Electrical
AS 4603 - Flashback Arrestors - safety devices for use with fuel gases and oxygen or
compressed air AS 4839 - safe use of portable and mobile oxy fuel gas systems for
welding, cutting, heating and allied processes.
AS 2727 Chainsaws - Guide to safe working practices
AS 2772.1 Radiofrequency radiation
AS 2397 - Safe use of lasers in the construction industry AS/NZS - Risk management
AS 1892 - Portable ladders
AS /NZS ISO/IEC 1702 - General criteria for the operation of various types of bodies
performing inspection
AS 1657 - Fixed platforms, walkways, stairways and ladders - Design, construction and
installation.
AS 1216.1 - Classification, hazard identification and information systems for dangerous
goods Part 1 - Classification and class labels for dangerous goods
AS 1216.2-4 Classification, hazard identification and information systems for dangerous
goods - Part 2 - HAZCHEM emergency action code, Part 3 - NFPA hazard identification
system Part 4 - UN substance identification numbers
AS 1319 - Safety signs for the occupational environment AS 1318 - SAA Industrial safety
Colour Code
AS 2986 - Workplace atmospheres - Organic vapours sampling by solid adsorption
techniques
AS 1473 - Guarding and safe use of woodworking machinery
AS 1735 - Lifts, Escalators and moving walks.
AS 1755 - Conveyors
AS 1788 (Parts 1 & 2) - Abrasive wheels
AS 2359 - Industrial Trucks
AS 3509 - LP (Liquefied Petroleum) Gas fuel vessels for automotive use
AS 3533 Amusement Rides and Devices
AS 3788 - Boiler and Pressure Vessels - in service inspection
AS 3837 - Boiler and Pressure Vessels - Operation and maintenance
AS 3920 – Pressure equipment Manufacture Assurance of Quality AS/NZ 4360:2004 Risk Management
112
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
19.
Portability of Sick Leave
19.1
The Company is, and will remain during the life of this Agreement, a participating employer in
the Construction Industry Complying Portable Sick Leave Pay Scheme (‘Incolink PSL Scheme’)
Incolink is trustee, and all the Employees of the Company within the scope of this Agreement
will be enrolled in the Incolink PSL Scheme and be entitled to sick leave benefits in accordance
with the terms of the Trust Deed.
19.2
The Company shall pay contributions to the Incolink PSL Scheme on behalf of each Employee
on a weekly basis in accordance with the Trust Deed. If Incolink nominates any other fund, the
Company shall pay contributions to that fund on behalf of each Employee on a weekly basis
and in accordance with the constituting documents of that other fund.
19.3
References in this clause to ‘Incolink PSL Scheme’ include a reference to another fund for
comparable purposes nominated by Incolink as a fund which supersedes the Incolink Number
1 Fund.
20.
Clothing
20.1
Employees will be issued with clothing in accordance with clause 25.2 of this Agreement.
20.2
Employees will be re-issued clothing in or around February each year.
20.3
Acknowledgement of Receipt
Each Employee shall acknowledge receipt of any issue of protective clothing and footwear by
signing an appropriate personal clothing issue register.
21.
Workplace modernisation
21.1
Commitment to Continuous Improvement
21.2
(a)
The Parties are committed to continuous improvement in the general building and
construction industry and to the modernisation of the workplace. This includes the
creation and adoption of policies that will provide better employment opportunities for
women and mature age, Aboriginal and Torres Strait Islander people, returned soldiers,
and other groups that have been excluded from opportunities in this industry. The
Parties are also committed to supporting initiatives that will improve sustainable
development and productivity across the industry. In accordance with provisions in this
Agreement, the Parties will also seek broader industry wide actions to eliminate the
existence of sham contracting.
(b)
The Parties may therefore seek to implement measures in the following categories:
(i)
employment opportunities;
(ii)
sustainability and productivity improvement; and
(iii)
eradication of sham contracting.
Employment opportunities:
(a)
initiatives to promote the employment of women, Indigenous, mature age or other
groups that have been excluded from opportunities in this industry;
(b)
workers’ health (including mental health) and wellbeing initiatives (such as health
checks, suicide prevention, screening for dust diseases, drug and alcohol awareness
and treatment);
(c)
programs to reduce bullying, sexual harassment or workplace discrimination;
(d)
initiatives to promote the take-up and completion of apprenticeships, such as mentoring
programs; and
(e)
support the development of the establishment of registration of trades.
113
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
21.3
21.4
Sustainability and productivity improvement:
(a)
waste-reduction, carbon pollution reduction and recycling initiatives;
(b)
investigate the possibility of introducing portable holiday leave schemes; and
(c)
initiatives to encourage fair, cooperative and productive workplace relations across the
industry.
Eradication of sham contracting in the building and construction industry:
(a)
21.5
Industry Working party:
(a)
21.6
the Parties commit to participating and supporting industry based initiatives for the
eradication of sham contracting.
the Parties will support the establishment of an industry based working party of
employers, unions and government with a view to the development and establishment
of programs to achieve the objectives outlined above.
The above initiatives will comply with the relevant state and federal antidiscrimination
legislation.
114
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
22.
Work on RDO Notification Form
Notification to Work on Scheduled RDO
Date: ______________________________
Employer:
Date of scheduled RDO to be Worked:
Project Name:
Project Address:
Work to be Undertaken:
Approximate Number of Employees
required:
Union Delegate/ Employee Representative
(if applicable)
Manager Contact Details:
Name:
Phone:
Fax:
Tick the appropriate box:
Affected Employee/s consulted by Employer.
Affected Employee/s not wishing to work in accordance with the clause have been given
opportunity to reasonably refuse.
Affected Employee/s informed that if they have a concern about working the scheduled
RDO they can raise the matter with their Union Delegate/ Employee representative.
Reason/s for work on scheduled RDO (as per clause 11 Appendix 7 of the Agreement)
Allow others to work productively
Maintenance, repair, commissioning
Unforeseen delays
Inclement weather
Unexpected delays, scheduling, supplies
Restrictions, laws, regulations, etc.
Explanation of ground/s listed above:
115
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
Appendix 8: Regional RDO Calendar
1.
ACT RDO Calendar
2016ACT RDOs
JANUARY
s
M
w
T
T
RBRUARY
F
T
••
2
mn ~r
w
T
MARCH
F
s
s
M
w
T
s
T
2
9
6
7
8
9
20
21
22
23
1 27
28
16
Iii
23
APRIL
s
3
M
4
MAY
1 30
JUHE
s
T
5
5
M
T
7
6
w
T
F
2
3
s
8
18
JULY
s
M
T
w
19
20
21
22
23
26
27
28
29
30
AUGUST
24
25
SEPTEMBER
s
T
M
T
w
T
31
F
s
2
3
6
7
8
9
10
13
14
15
16
17
20
21
11
26
24
OCTOBER
NOVEMBER
DECEMBER
s
M
T
w
T
F
s
2
3
10
I
38 HR WEEK ROO'S
I
36 HRWEEK ROO'S
PUBLIC HOLIDAY
I
SCHOOL HOLIDAYS
I
DELEGATES MEETINGS
0 LOCKDOWN WEEKEND
116
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
2.
NSW RDO Calendar
It is noted by the Parties that the Leisure Days and Public Holiday Calendars may be subject to change.
In such circumstance the industry parties e.g. CFMEU, Master Builder Association, will meet to determine
any variation.
2016
Friday January 1
No Work Public Holiday
Saturday January 23
No Work Saturday
Sunday January 24
No Work Sunday
Monday January 25
RDO (fixed)
Tuesday January 26
No Work Public Holiday
Monday February 29
RDO (flexible)
Friday March 25
No Work Public Holiday
Saturday March 26
No Work Saturday
Sunday March 27
No Work Sunday
Monday March 28
No Work Public Holiday
Tuesday March 29
RDO (fixed)
Saturday April 23
No Work Saturday
Sunday April 24
No Work Sunday
Monday April 25
No Work Public Holiday
Tuesday April 26
RDO (fixed)
Monday May 23
RDO (flexible)
Saturday June 11
No Work Saturday
Sunday June 12
No Work Sunday
Monday June 13
No Work Public Holiday
Tuesday June 14
RDO (fixed)
Monday July 18
RDO (flexible)
Monday August 15
RDO (flexible)
Monday September 12
RDO (flexible)
Saturday October 1
No Work Saturday
Sunday October 2
No Work Sunday
Monday October 3
No Work Public Holiday
Tuesday October 4
RDO (fixed)
Monday November 7
RDO (flexible)
Saturday December 3
No Work Saturday
Sunday December 4
No Work Sunday
Monday December 5
No Work Industry Picnic Day
Tuesday December 6
RDO (fixed)
Sunday December 25
Christmas Day
Monday December 26
No Work Public Holiday
Tuesday December 27
No Work Public Holiday
Wednesday December 28
RDO (flexible)
117
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
2017
Monday January 2
No Work Public Holiday
Thursday January 26
No Work Public Holiday
Friday January 27
RDO (fixed)
Saturday January 28
No Work Saturday
Sunday January 29
No Work Sunday
Monday February 27
RDO (flexible)
Monday March 27
RDO (flexible)
Friday April 14
No Work Public Holiday
Saturday April 15
No Work Saturday
Sunday April 16
No Work Sunday
Monday April 17
No Work Public Holiday
Monday April 24
RDO (fixed)
Tuesday April 25
No Work Public Holiday
Monday May 22
RDO (flexible)
Saturday June 10
No Work Saturday
Sunday June 11
No Work Sunday
Monday June 12
No Work Public Holiday
Tuesday June 13
RDO (fixed)
Monday July 17
RDO (flexible)
Monday August 14
RDO (flexible)
Monday September 11
RDO (flexible)
Saturday September 30
No Work Saturday
Sunday October 1
No Work Sunday
Monday October 2
No Work Public Holiday
Tuesday October 3
RDO (fixed)
Monday November 6
RDO (flexible)
Saturday December 2
No Work Saturday
Sunday December 3
No Work Sunday
Monday December 4
No Work Industry Picnic Day
Tuesday December 5
RDO (fixed)
Saturday December 23
No Work Saturday
Sunday December 24
No Work Sunday
Monday December 25
Christmas Day
Tuesday December 26
No Work Public Holiday
Wednesday December 27
RDO (fixed)
118
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
2018
Monday January 1
No Work Public Holiday
Friday January 26
No Work Public Holiday
Saturday January 27
No Work Saturday
Sunday January 28
No Work Sunday
Monday January 29
RDO (fixed)
Monday February 26
RDO (flexible)
Friday March 30
No Work Public Holiday
Saturday March 31
No Work Saturday
Sunday April 1
No Work Sunday
Monday April 2
No Work Public Holiday
Monday April 23
RDO (flexible)
Tuesday April 24
RDO (fixed)
Wednesday April 25
No Work Public Holiday
Monday May 21
RDO (flexible)
Saturday June 9
No Work Saturday
Sunday June 10
No Work Sunday
Monday June 11
No Work Public Holiday
Tuesday June 12
RDO (fixed)
Monday July 16
RDO (flexible)
Monday August 13
RDO (flexible)
Monday September 10
RDO (flexible)
Saturday September 29
No Work Saturday
Sunday September 30
No Work Sunday
Monday October 1
No Work Public Holiday
Tuesday October 2
RDO (fixed)
Monday November 5
RDO (flexible)
Saturday December 1
No Work Saturday
Sunday December 2
No Work Sunday
Monday December 3
No Work Industry Picnic Day
Tuesday December 4
RDO (fixed)
Saturday December 22
No Work Saturday
Sunday December 23
No Work Sunday
Monday December 24
RDO (fixed)
Tuesday December 25
Christmas Day
Wednesday December 26
No Work Public Holiday
119
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
2019
Tuesday 1 January
Saturday 26 January
Sunday 27 January
Monday 28 January
Tuesday 29 January
No Work Public Holiday
No Work Saturday
No Work Sunday
Public Holiday
RDO Fixed
Monday 25 February
Monday 25 March
Friday 19 April
Saturday 20 April
Sunday 21 April
Monday 22 April
RDO (flexible)
RDO (flexible)
No Work Public Holiday
No Work Saturday
No Work Sunday
No Work Public Holiday
Thursday 25 April
Friday 26 April
Saturday 27 April
Monday 27 May
No Work Public Holiday
RDO (Fixed)
No Work Saturday
RDO (flexible)
Saturday 8 June
Sunday 9 June
Monday 10 June
Tuesday 11 June
No Work Saturday
NO work Sunday
No Work Public Holiday
RDO (Fixed)
Monday 8 July
Monday 5 August
Monday 2 September
Saturday 5 October
Sunday 6 October
Monday 7 October
Tuesday 8 October
RDO (Flexible)
RDO (Flexible)
RDO (Flexible)
No Work Saturday
No Work Sunday
No Work Public Holiday
RDO (Fixed)
Monday 4 November
Saturday 30 November
Sunday 1 December
Monday 2 December
Tuesday 3 December
RDO (Flexible)
No Work Saturday
No Work Sunday
No Work Industry Picnic Day
RDO (Fixed)
Sunday 22 December
Monday 23 December
Tuesday 24 December
Wednesday 25 December
Thursday 26 December
No Work Sunday
RDO (Fixed)
Christmas Eve
Christmas Day
No Work Public Holiday
120
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
3.
VIC RDO Calendar
WORKING DAY CALENDAR 2016
FEBRUARY
S
M
T
1
2
711
3
T
4
W
5
T
6
7
S
1
2
8
9
S
M
1
3
T
4
W
5
5
S
7
3
W
4
F
F
5
6
S
1
6
1
8
S
2
9
M
1
711
T
2
W
3
T
S
5
9 10 11
16 17 18 19
S
4
M
T
5
6
7
W
T
F
1
2
3
8
9 10
S
4
15 16 17 18
19 20 21 22 23 24 25
26 11 28 29 30
5
S
6
S
M
411
T
W
T
F
S
1
2
3
8
9 10
9 10 11 12 13
14 15 16 17 18 19 20
11 12 13 14 15 16 17
21 11 23 24 25 26 27
28 29 30 31
18 11 20 21 22 23 24
25 26 27 28 29
45678
11 12 13 14
18 19 20 21 22
25 26 27 28 •
6
0
7
8
4
6
7
M
T
W
5
9 10 11 12
13 14 15 16 17 18 19
4
6
7
T
F
S
1
2
3
8
9 10
11 12 13 14 15 16 17
20 11 22 23 24 25 26
27 28 29 30
LEGEND
RDO
4
DECEMBER
••--•
F
3
SEPTEMBER
F
3
Public Holiday
T
2
31
S
•
8
W
20 21 22 23 24
OCTOBER
•
9 10
16 •
23 24
7
7
22 11 24 25 26 27 28
29 30 31
S
T
JUNE
T
8 11 10 11 12 13 14
15 16 17 18 19 20 21
10 .
12 13 14 15 16
17 18 19 20 21 22 23
24 .
26 27 28 29 30
31
•
M
6
AUGUST
T
6
T
2
JULY
M
4
S
MAY
F
10 11 12 13 14 15 16
17 18 19 20 21 22
27 28 29 30
S
3
MARCH
F
21 11 23 24 25 26 27
28 29
APRIL
M
T
9 10 11 12 13
14 15 16 17 18 19 20
17 18 19 20 21 22 23
27 28 29 30
31
S
W
•
Annual Leave
•
•
Shutdown
Weekend
fR. West Gate
~ Memorial
Picnic Day
Christmas close-down
23/12/2016 to 10/1/2017
121
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
WORKING DAY CALENDAR 2017
Sun
5
12
19
26
Sun
Man
Tue
APRIL
Wed
Thu
Fri
30
Sat
1
Sun
61
2
3
4
5
6
7
8
62
63
64
65
66
67
9
10
11
12
13
14
15
66
69
70
71
PH
16
17
18
19
20
21
22
PH
ROO
ROO
72
73
74
23
24
ROO
25
26
27
28
75
76
n
29
PH
Man
31
Tue
JULY
Wed
Thu
Fri
Sun
30
149
2
9
16
Sun
1
8
15
22
29
Sat
1
6
3
4
5
6
7
8
128
129
130
131
132
10
11
12
13
14
15
ROO
133
134
135
136
137
17
18
19
20
21
22
142
143
139
140
141
24
25
26
27
28
29
ROO
144
145
146
147
148
Man
2
Tue
3
OCTOBER
Wed Thu
4
5
Fri
6
Sat
7
ROO
197
200
201
198
199
9
10
11
12
13
14
202
203
204
205
206
207
16
17
18
19
20
21
ROO
208
209
210
211
212
23
24
25
26
27
28
213
214
215
216
217
218
30
31
219
220
Monday 1 January 2018 = PH
Tuesday 2 January 2018= AL
Wednesday 3 January 2018= AL
Thursday 4 January 2018= AL
Friday 5 January 2018= AL
Monday 8 January 2018 = RDO
Tuesday 9 January 2018 =RDO
Tue
7
FEBRUARY
Wed
Thu
1
2
Fri
3
Sat
4
16
17
18
19
8
9
10
11
ROO
20
21
22
23
24
13
14
15
16
17
18
25
26
27
28
29
30
20
21
22
23
24
25
ROO
31
32
33
34
35
27
28
36
37
Man
1
Tue
2
MAY
Wed
3
Thu
4
Fri
5
Sat
6
79
80
81
82
83
64
8
9
10
11
12
13
ROO
85
86
87
88
89
14
15
16
17
18
19
20
90
91
92
93
94
95
21
22
23
24
25
26
27
98
99
100
28
Sun
ROO
96
97
29
30
31
101
102
103
Man
Tue
1
AUGUST
Wed
2
Thu
3
Fri
4
Sat
5
150
151
152
153
154
7
8
9
10
11
12
ROO
155
156
157
156
159
14
15
16
17
18
19
160
161
162
163
164
165
21
22
23
24
25
26
ROO
166
167
168
169
170
28
29
30
31
171
172
173
174
126
127
138
23
78
7
Man
6
13
20
27
Sun
5
12
19
26
Man
Sun
Fri
3
223
m
6
7
8
9
10
11
PH
ROO
224
225
226
13
14
15
16
17
18
227
228
229
230
231
232
20
21
22
23
24
25
ROO
233
234
235
236
237
27
28
29
30
239
240
241
Sat
4
39
40
41
8
9
10
11
43
44
45
46
13
14
15
16
17
PH
ROO
47
48
49
50
19
20
21
22
23
24
25
51
52
53
54
55
56
26
27
28
29
30
31
ROO
57
58
59
60
Tue
JUNE
Wed
Sun
4
11
18
Sun
3
10
Man
Thu
1
Fri
2
Sat
3
104
105
106
5
6
7
8
9
10
107
108
109
110
111
12
13
14
15
16
17
PH
ROO
112
113
114
115
19
20
21
22
23
24
116
117
118
119
120
121
26
27
28
29
30
ROO
122
123
124
125
Man
SEPTEMBER
Tue Wed
Thu
4
Fri
1
Sat
2
175
176
6
7
8
9
ROO
5
m
178
179
180
181
11
12
13
14
15
16
183
184
185
186
187
182
17
18
18
19
20
21
22
23
ROO
188
189
190
191
192
30
25
26
27
28
29
193
194
195
196
PH
Sat
4
ROO
238
Fri
3
38
12
42
7
MARCH
rNed Thu
1
2
6
24
221
Tue
5
25
NOVEMBER
Tue
Wed Thur
1
2
Man
PH =Public Holiday
RDOs = Scheduled Rostered Day Off
AL =Annual Leave
PD =Picnic Day
Xmas Closedown- 2311212017 to 910112018
122
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
WORKING DAY CALENDAR 2018
Sun
Mon
1
I
R~O
14
15
5
JAN UARY
Wed
Thu
! !
PH
7
Tue
I
9
10
Fn
5
!
ROO
11
12
Sat
6
13
ROO
1
2
3
4
16
17
18
19
20
6
7
9
10
21
22
23
11
28
29
ROO
15
16
8
24
25
26
12
13
14
PH
30
31
27
Sun
4
11
18
25
Sun
8
15
22
29
Sun
7
14
21
28
Mon
2
Tue
3
JULY
Wed
4
Thu
5
Fri
6
Sat
7
129
130
131
132
133
134
9
10
11
12
13
14
ROO
135
136
137
138
139
16
17
18
19
20
21
140
141
142
143
144
145
23
24
25
26
27
28
ROO
146
147
148
149
150
30
31
151
152
Mon
I
Tue
2
ROO
199
200
201
Fri
5
Sat
6
202
203
8
9
10
11
12
13
204
205
206
207
208
209
15
16
17
18
19
20
ROO
210
211
212
213
214
22
23
24
25
26
27
215
216
217
218
219
220
29
30
31
221
222
223
Tuesday 1 January 2019= PH
Wednesday 2 January 2019= AL
Thursday 3 January 2019= AL
Friday 4 January 2019= AL
Monday 7 January 2019 = AL
Tuesday 8 January 2019 =ROO
7
Fri
2
Sat
3
17
18
19
8
9
10
20
21
22
23
24
25
12
13
14
15
16
17
ROO
26
27
28
29
30
19
20
21
22
23
24
31
32
33
34
35
36
26
27
28
ROO
37
38
Mon
Tue
1
MAY
Wed
2
Thu
3
Fri
4
Sat
5
82
83
84
85
86
8
9
10
11
12
87
88
89
90
91
92
13
14
15
16
17
18
19
Sun
5
12
19
26
OCTOBER
Wed
Thu
3
4
6
FEBRUARY
Wed
Thu
1
7
27
1
5
Tue
6
20
SIJ'l
Mon
Sun
ROO
93
94
95
96
97
21
22
23
24
25
26
98
99
100
101
102
103
28
29
30
31
RO O
104
105
106
Mon
Tue
AUGUST
Wed
1
Thu
2
Fri
3
Sat
4
153
154
155
156
7
9
9
10
11
ROO
157
158
159
160
161
13
14
15
16
17
18
162
163
164
165
166
167
20
21
22
23
24
25
ROO
168
169
172
170
171
27
28
29
30
31
173
174
175
176
NOVEMBER
Tue Wed Thur
1
224
4
11
18
25
4
Fri
2
Tue
MARCH
Wed
Thu
1
Fri
2
41
10
5
6
7
9
9
42
43
44
45
46
13
PH
ROO
47
48
49
50
19
20
21
22
23
24
51
52
53
54
55
56
25
26
27
28
29
30
31
57
58
59
60
PH
Mon
Tue
JUNE
Wed
Thu
3
10
17
Sun
30
15
17
12
18
Sun
14
Sat
3
40
11
16
Fri
1
Sat
2
107
108
4
5
6
7
109
110
111
112
113
11
12
13
14
15
PH
ROO
114
115
8
11 6
9
16
117
18
19
20
21
22
23
118
119
120
121
122
123
25
26
27
28
29
30
ROO
124
125
126
127
128
SEPTEMBER
Tue
Wed
Thu
Fri
Sat
1
Mon
178
2
9
16
23
m
Mon
39
24
6
Mon
Sun
3
4
5
6
7
8
ROO
179
180
181
182
183
10
11
12
13
184
185
186
187
188
189
17
18
19
20
21
14
22
15
ROO
190
191
192
193
194
24
25
26
27
28
29
195
196
197
198
PH
Sat
3
225
5
6
7
8
9
10
ROO
PH
ROO
226
227
228
12
13
14
15
16
17
229
230
231
232
233
234
19
20
21
22
23
24
ROO
235
236
237
238
239
26
27
28
29
30
241)
241
242
243
244
PH = Public Holiday
RDOs = Scheduled Roslered Day Off
AL = Annual Leave
PO= Picnic Day
Xmas Closedown- 22/12/2018 to 8/01 /2019
123
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
WORKING DAY CALENDAR 2019
Sun
Mon
Tue
1
PH
6
7
H.
13
I
JANUARY
Wed
Thu
! ! !
Sat
5
8
9
10
11
12
RO O
1
2
3
4
14
15
16
17
18
19
5
6
7
8
9
10
20
21
11
12
27
28
29
PH
ROO
17
18
s..,
Fri
22
Mon
1
Tue
2
23
24
25
26
13
14
15
16
30
31
APRIL
Wed
3
Thu
4
Fri
5
Sat
6
RO O
64
65
66
67
68
7
8
9
10
11
12
13
69
70
71
72
73
74
14
15
16
17
18
19
75
76
77
78
PH
21
22
23
24
25
PH
ROO
ROO
PH
26
ROO
28
St.<l
7
14
21
28
Sun
6
13
20
27
10
17
24
Sun
5
6
7
8
9
21
22
23
24
25
26
11
12
13
14
15
16
RO O
27
28
29
30
31
18
19
20
21
22
23
32
33
34
35
36
37
25
26
27
28
RO O
38
39
40
Mon
Tue
MAY
Wed
1
Thu
2
Fri
3
Sat
4
81
82
83
84
8
9
10
11
7
86
87
88
89
90
15
16
17
18
27
19
JULY
Wed
3
5
Sat
6
127
128
129
130 .
131
132
8
9
10
11
12
13
RO O
133
134
135
136
137
16
17
18
19
20
138
139
140
141
142
143
22
23
24
25
26
27
RO O
144
145
146
147
148
29
30
31
149
150
151
Mon
Tue
1
Sun
4
11
18
25
Fri
4
Sat
5
201
202
7
8
9
10
11
12
203
204
205
206
207
208
14
15
16
17
18
19
ROO
209
210
211
212
213
21
22
23
24
25
26
214
215
216
217
218
219
28
29
30
31
220
221
222
223
Wednesday 1 January 2020= PH
Thursday 2 January 2020 =AL
Friday 3 January 2020= AL
Monday 6 January 2020 = AL
Tuesday 7January 2020 = AL
Wednesday 8 January 2020 = AL
Thursday 9 January 2020 = ROO
Friday10 January 2020 =ROO
4
14
Tue
2
200
20
85
Mon
1
199
19
13
80
OCTOBER
Wed Thu
2
3
Sat
2
12
30
Fri
Fri
1
20
26
Thu
4
FEBRUARY
Wed
Thu
Tue
6
79
198
3
Mon
5
29
15
Sun
Sun
RO O
91
92
93
94
95
20
21
22
23
24
25
96
97
98
99
100
101
27
28
29
30
31
RO O
102
103
104
105
Mon
Tue
AUGUST
Wed
Thu
1
Fri
2
Sat
3
152
153
154
6
7
9
9
10
RO O
155
156
157
158
159
13
14
15
16
17
160
161
162
163
164
165
19
20
21
22
23
24
RO O
166
167
168
169
170
26
27
28
29
30
31
171
172
173
174
175
176
Mon
Tue
NOVEMBER
Wed Thur
Fn
1
3
Mon
Tue
MARCH
t>'Ved Thu
Fri
1
Sat
2
41
42
9
4
5
6
7
8
43
44
45
46
47
11
12
13
14
15
PH
ROO
48
49
50
51
17
18
19
20
21
22
23
52
53
54
55
56
57
24
25
26
27
28
29
30
58
59
60
61
62
63
Sun
30
Mon
Tue
JUNE
Wed
Thu
Fri
2
3
4
5
6
7
107
108
109
110
111
10
11
12
13
14
15
PH
115
10
16
Sat
1
106
9
16
23
5
12
Sun
31
Sun
1
ROO
112
113
114
17
18
19
20
21
22
116
117
118
119
120
121
24
25
26
27
28
29
ROO
122
123
124
125
126
SEPTEMBER
Tue
Wed
Thu
3
4
5
Fri
6
Sat
7
181
182
Mon
2
177
8
15
22
29
8
178
179
180
9
10
11
12
13
14
ROO
183
184
185
186
187
16
17
18
19
20
21
188
189
190
191
192
193
23
24
25
26
27
28
194
195
196
197
PH
30
ROO
Sat
2
224
3
10
17
24
4
5
6
7
8
9
ROO
PH
ROO
225
226
227
11
12
13
14
15
16
228
229
230
231
232
233
18
19
20
21
22
23
RO O
234
235
236
237
238
25
26
27
28
29
30
239
240
241
242
243
244
PH =Public Holiday
RDOs = Scheduled Rostered Day Off
AL = Annual Leave
PD = Picnic Day
Xmas Closedown- 21/12/2019 to 12/01/2020
124
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
WORKING DAY CALENDAR 2020
FEBRUARY
Sun
Mon
Tue
Wed
MARCH
Thu
Fri
Sat
1
16
2
9
16
23
3
4
5
5
12
19
26
Mon
6
65
Tue
7
66
Thu
2
Fri
3
61
62
63
8
9
10
Sal
4
64
11
67
68
PH
14
15
16
17
18
PH
ROO
ROO
69
70
71
20
21
22
23
24
25
73
74
75
76
77
29
PH
28
ROO
30
79
Mon
Tue
"
78
17
18
19
20
21
22
10
11
12
13
14
15
23
24
25
26
27
21
22
17
18
19
Wed
1
176
5
12
19
26
29
30
31
32
33
25
26
27
28
29
35
36
37
38
Fri
1
Sat
2
80
81
8
9
ROO
Sun
Tue
Wed
Thu
4
5
6
7
31
3
10
17
24
82
11
ROO
18
8J
84
85
86
87
12
13
89
20
14
15
16
90
91
92
..
19
4
11
18
25
Fri
3
Sat
4
127
128
129
6
7
8
9
10
11
130
131
132
133
134
13
14
15
16
17
18
135
136
137
138
139
140
20
21
22
23
24
25
ROO
141
142
143
144
145
27
28
29
30
31
146
147
148
149
150
Mon
Tue
Thu
Fri
Sun
30
2
9
16
23
40
41
42
43
9
10
11
12
13
22
29
22
23
94
95
96
97
98
26
99
27
28
29
30
100
101
102
103
Thu
Fri
Sal
1
Mon
31
Tue
Wed
Sal
7
14
PH
ROO
44
45
46
47
16
17
18
19
20
21
48
49
50
51
52
53
24
25
26
27
28
ROO
54
55
56
57
58
30
23
31
59
60
Sun
Mon
1
Tue
2
Wed
3
Thu
4
Fri
5
Sat
7
104
105
106
107
108
8
9
10
11
12
14
PH
ROO
109
110
11 1
21
28
6
13
11 2
15
16
17
18
19
20
113
114
115
116
11 7
118
22
23
24
25
26
27
ROO
119
120
11
122
123
29
30
124
125
Mon
Tue
1
Thu
3
Fri
4
Sal
5
SEPTEMBER
174
Sun
151
3
4
5
6
7
8
ROO
152
153
154
155
156
10
11
12
13
14
15
157
158
159
160
161
162
17
18
19
20
21
22
ROO
163
164
165
166
167
24
25
26
27
28
29
168
169
170
171
172
173
Mon
Tue
Fri
Sal
175
6
13
20
27
Wed
2
176
177
178
179
7
8
9
10
11
12
180
181
182
183
184
185
14
15
16
17
18
19
ROO
186
187
188
189
190
21
22
23
24
25
11
192
19
194
PH
28
29
30
ROO
195
196
26
NOVEMBER
5
6
7
8
9
Sat
3
199
10
200
201
202
203
204
205
12
13
14
15
16
17
ROO
206
207
208
209
210
19
20
21
22
23
24
211
212
21 3
214
215
216
26
27
28
29
30
217
218
219
220
221
Friday 1 January 2021 =PH
Monday 4 January 2021 = AL
Tuesday 5 January 2021 = AL
Wednesday 6 January 2021 = AL
Thursday 7 January 2021 = AL
Friday 8 January 2021 = ROO
Monday 11 January 2021 = ROO
39
15
Thu
5
Fri
6
8
AUGUST
Thu
2
ROO
Wed
21
93
25
ROO
Wed
4
1
JUNE
Mon
OCTOBER
Sun
20
28
24
JULY
Sun
8
Tue
3
Mon
2
MAY
Wed
1
13
27
7
ROO
APRIL
Sun
6
Sun
1
2
197
198
31
Sun
1
8
15
22
29
Wed
Thur
2
3
4
5
6
7
ROO
PH
ROO
222
223
224
9
10
11
12
13
14
225
276
227
228
229
230
16
17
18
19
20
21
ROO
23 1
232
233
234
235
23
24
25
26
27
28
236
237
238
239
240
241
30
242
PH = Public Holiday
RDOs = Scheduled Rostered Day Off
AL = Annual Leave
PD = Picnic Day
Xmas Closedown- 23/1 2/2020 to 11/0112021
125
Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016
WORKING DAY CALENDAR 2021
JANUARY
Sun
Man
Tue
Wed
FEBRUARY
Thu
31
3
10
17
24
Fri
Sat
1
2
PH
!11 !12 !13 !.14
8
9
15
e-re-
4
5
21
22
23
9
10
11
27
28
29
30
12
13
14
15
ROO
1
18
19
20
6
7
8
25
26
ROO
PH
ROO
Sun
7
14
21
MARCH
Man
Tue
Wed
Thu
Fri
Sat
1
2
3
4
5
6
1
17
18
19
20
21
8
9
10
11
12
13
ROO
22
23
24
25
2£
15
16
17
18
19
20
27
28
29
30
1
32
22
23
24
25
26
27
ROO
33
34
35
36
37
28
Sun
7
14
Man
Tue
Wed
Thu
Fri
1
2
3
4
5
38
39
40
41
42
8
9
10
11
12
30
2
9
Man
Tue
PH
ROO
43
44
45
46
16
17
18
19
20
47
4
4
so
1
52
22
23
24
25
26
27
ROO
53
54
55
56
57
28
29
30
31
56
59
60
Sun
Man
Tue
Thu
Fri
Sat
21
4
11
18
25
Man
Tue
Wed
Fri
Sat
1
2
3
12£
127
128
6
7
8
9
10
129
130
131
132
133
134
12
13
14
15
16
17
ROO
135
136
137
138
139
19
20
21
22
23
24
140
141
142
143
144
145
26
27
28
29
30
31
ROO
146
147
148
149
150
Man
Tue
Thu
Fri
Sat
1
2
3
4
5
104
105
106
107
108
7
8
9
10
11
109
110
111
112
11 3
14
15
16
17
18
19
PH
ROO
11 4
115
116
117
3
4
3
17
22
5
6
7
8
81
82
83
84
85
86
10
11
12
14
15
ROO
87
88
13
89
20
90
91
21
22
27
"
28
29
100
101
102
Thu
Fri
Sat
16
17
.,
18
93
94
23
24
25
ROO
98
26
99
Man
Tue
Sun
1
8
15
22
29
Wed
1
80
19
..
7
6
13
20
27
Wed
12
21
22
23
24
25
26
11
11
1:>0
11
28
29
30
"'
"'
ROO
124
125
Man
Tue
Thu
Fri
Sat
SEPTEMBER
Sun
Wed
2
3
4
5
6
7
1
2
3
4
151
152
153
154
155
156
175
176
177
178
9
10
11
12
13
14
ROO
157
158
159
160
161
16
17
18
19
20
21
162
163
164
165
186
167
23
24
25
26
27
28
ROO
168
169
170
171
172
30
31
17
174
Man
Tue
5
12
19
26
6
7
8
9
10
11
179
180
181
182
183
184
13
14
15
16
17
18
ROO
185
186
187
188
189
20
21
22
23
24
190
191
192
193
PH
27
28
29
30
ROO
194
195
196
25
NOVEMBER
31
10
Sat
AUGU ST
Thu
5
Wed
Fri
31
OCTOBER
Sun
JUNE
Thu
103
JULY
Sun
Wed
6
13
15
MAY
Sun
Sat
Sun
Wed
Thur
Fri
Sat
1
2
1
2
3
4
5
6
197
198
ROO
PH
ROO
22 1
222
223
8
9
10
11
12
13
224
225
226
227
228
4
199
11
5
6
7
8
9
200
20 1
202
203
204
12
13
14
15
16
ROO
205
206
207
208
209
18
19
20
21
22
23
210
211
212
213
214
215
25
26
27
28
29
2176
217
218
219
220
30
7
14
21
28
229
15
16
17
18
19
20
230
231
232
233
234
235
22
23
24
25
26
27
ROO
236
237
238
239
240
29
30
24 1
242
PH = Public Holiday
RDOs = Scheduled Rostered Day Off
AL = Annual Leave
PD = Picnic Day
126