fair work australia decision - pages - home commissioner cargill ... discrimination and sexual...

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

Wagstaff Piling Pty Ltd (AG20 12/1 068)

WAGSTAFF PILING PTY LTD AND EMPLOYEES I CFMEU COLLECTIVE AGREEMENT 2011-2014

Building, metal and civil construction industries

FAIR WORK AUSTRALIA

COMMISSIONER CARGILL SYDNEY, 18 APRIL 2012

Application for approval of the Wagstaff Piling Pty Ltd and Employees I CMFEU Collective Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Wagstaff Piling Pty Ltd and Employees I CMFEU Collective Agreement 201 1-2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wagstaff Piling Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union (CFMEU) has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April2012. The nominal expiry date ofthe Agreement is 30 June 20 14.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer <Price code J, AE893 157 PR522387>

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Collec·tive Agreement Piling Sector

2011-2014

Between

Wagstaff Piling Pty Ltd &

Employees&

Construction Forestry Mini11g Energy Union

CFMEU CONSTRUCTION AND GENERAL

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Wagstaj]Piling Pty Ltd and Employees I CFMEU Cof/ective Agreement

Contents

1. TITLE ......................................................................................................................................... 3 2. DEFINITIONS ........................................................................................................................... 3 3. PARTIES AND PERSONS BOUND AND COVERED ......................................................... 3 4. INCORPORATION OF AWARD PROVISIONS .................................................................. 3 5. DURATION OF THE AGREEMENT .................................................................................... 4 6. EMPLOYEE AWARENESS .................................................................................................... 4 7. MINIMUM STANDARDS AND NO DISADVANTAGE ...................................................... 4 8. NO EXTRA CLAIMS ............................................................................................................... 4 9. COMPANY CONSULTATIVE COMMITTEE ..................................................................... 5 10. OBJECTIVES ................................................................................................................... ......... 5 11. PROTECTIVE CLOTHING ............... : .................................................................................... 6 12. WAGE RATES AND OTHER EMPLOYMENT BENEFITS .............................................. 7 13. TERMS OF EMPWYMENT ......................................... ; ........................................................ 9 14. PAYMENTOFWAGES ......................................................................................................... 10 15. TRAVEL ................................................................................................................................... 12 16. INCLEMENT WEATHER ..................................................................................................... 12 17. TRAINING AND RELATED MATTERS ............................................................................ 13 18. ANNUAL LEAVE ................................................................................................................... 13 19. PERSONAL LEAVE ............................................................................................................... 17 20. PARENTAL LEAVE ............................................................................................................... 18 21. COMPASSIONATE LEAVE ................................................................................................. 19 22. JURY SERVICE ...................................................................................................................... 19 23. CASUAL LABOUR ................................................................................................................. 19 24. EMPLOYMENT SECURITY, STAFFING, RECRUITMENT AND REPLACEMENT LABOUR .......................................................................................................................................... 20 25. COMPLIANCE ....................................................................................................................... 21 26. DISPUTE RESOLUTION PROCEDURE ............................................................................ 21 27. OCCUPATIONAL HEALTH AND SAFETY ...................................................................... 22 28. COMPANY DRUG AND ALCOHOL POLICY .................................................................. 23 29. HOURS OF WORK I ROSTERED DAYS OFF ................................................................... 23 30. LONG SERVICE LEAVE ...................................................................................................... 26 31. PICNICDAY ........................................................................................................................... 26 34. COUNSELLING AND DISCIPLINARY PROCEDURES ................................................. 27 36. SEVERABILITY ..................................................................................................................... 28 37. IMMIGRATION COMPLIANCE ......................................................................................... 28 38. APPLICATION OF APPENDICES ...................................................................................... 29 39. ENDORSEMENT OF THE AGREEMENT ......................................................................... 30 APPENDIX A ............................................ ............... ........................................... .. ........................... 31 Discrimination and Sexual Harassment ................................................................................. .. .. .. . 31 APPENDIX B ............................................................................................................................... .... 32 Agreement Classification Structure .................................................................... ... ................. ....... 32 APPENDIX C ...... ............................................................................................................................. 36 Extra Benefits and Provisions ......................................................................................................... 36 APPENDIX D ........................................................................................... .. .................................... .. 40 Leisure Days and Public Holidays Calendar 2012 .................................. ......... ......... .. ................ 40 APPENDIX E ......................................................................................... .. ................................ ...... .. 43 Counselling and Disciplinary Proceduresffermination of Employment.. .................................. 43 APPENDIX F ........................................................................................................................... ....... . 45 Salary Sacrifice Agreement For Superannuation ........................................................................ . 45 APPENDIX G ......................................................................... .................. .............. .......... .. ........ .. ... 47 Drugs & Alcohol Safety Rehabilitation Program ....................................................... ............ ...... 47 APPENDIX H ........................................................................................................ .......................... 48 Authority to obtain details of work rights status from DIAC ..................................................... 48

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WagstajfPiling Pty Ltd and Employees I CFMEU Collective Agreement

1. TITLE

This Enterprise Agreement shall be known as the:

Wagstaff Piling Pty Ltd and Employees I CFMEU Collective Agreement 2011-2014

2. DEFINITIONS

The Company:

Address:

Telephone:

BCGOA:

Union:

The Agreement:

Wagstaff PiHng Pty Ltd (hereinafter referred to as "the Company")

56 Tattersall Road KINGS PARK NSW 2148

02 9622 7099 Facsimile: 02 9622 7133

Building and Construction General On-site Award 2010 (hereinafter referred to as "BCGOA")

Construction, Forestry, Mining and Energy Union, (hereinafter referred to as "the Union")

Wagstaff Piling Pty Ltd and Employees I CFMEU Collective Agreement 2011 - 2014 (hereinafter referred to as "the Agreement")

The Employee: Shall mean NSW field Employees of the Company who are based in New South Wales.

3. PARTIES AND PERSONS BOUND AND COVERED

a) The Company in respect to all of its field Employees engaged in building and construction and related work as defmed by the Award and I or similar related work on civil sites within New South Wales.

b) The Construction, Forestty, Mining and Energy Union.

c) Employees of the Company who are eligible to be members of the Construction, Forestry, Mining and Energy Union.

4. INCORPORATION OF AWARD PROVISIONS

a) The tem1s and conditions of the Building and Construction General On-site Award 2010, except clause 13 of the BCGOA, are hereby expressly incorporated as terms of this Agreement as if the same were set out in full herein and shall be binding upon the parties during the currency of the Agreement, by operation of this Agreement.

b) In the event of any inconsistency between the tenns and conditions of the BCGOA which are incorporated into this agreement by operation of (a) above and any other express provision of this AgreemeiJt, the express provisions of this Agreement shall prevail to the extent of such inconsistency, unl ess the express provision of the Agreement provides otherwise or unless contrary to law.

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5. DURATION OF THE AGREEMENT

This Agreement shall apply from the date of lodgement. The Agreement shall remain in force until 30 June 2014.

This Agreement shall continue to apply beyond its nominal expiry date until replaced by another agreement or cancelled by one of the parties.

No later than three (3) months before the expiration of this Agreement the parties may commence discussions concerning a future Agreement. The Employees may be represented by the Union in accordance with S 176 of the Fair Work Act 2009 as one of the Bargaining Representative(s).

Employees will be eligible during this period to attend a paid meeting (maximum duration two (2) hours) during ordinary hours of worked convened by their Bargaining Representative(s) at a venue located outside the workplace, to discuss the needs and expectations in respect of any future Agreement. The meeting will be convened at a date and time convenient to the Company. This Agreement shall continue to apply beyond its expiration date until replaced by another agreement or cancelled by one of the parties. The parties must give not less than three (3) months notice in writing of any intention to terminate this Agreement.

Subject to the Fair Work Act 2009, for the purposes of acting as the Employees' Bargaining Representative, the Company shall facilitate, as is reasonable, access to Employees by the Bargaining Representative during the course of negotiations for a future agreement. Such access will be convened at a date, time and location mutually convenient to the Company and the Bargaining Representative.

6. EMPLOYEE AWARENESS

The Company must ensure that copies of this Agreement, the BCGOA and the NES are available to all Employees to whom they apply (whether in hard copy or through electronic means) to an Employee within a reasonable time following a request by the Employee.

All current Employees will be given a copy of this Agreement, along with all future Employees upon commencement. A new employee may request the Company to provide their contact details to the delegate referred to in Clause 32 of this Agreement. ·

7. MINIMUM STANDARDS AND NO DISADVANTAGE

This Agreement will not operate so as to cause any overall reduction in rates and conditions as would otherwise apply under the BCGOA, or in standards concerning parental leave, tennination change and redundancy, standard hours of work, annual leave or long service leave.

Arising from the implementation of this Agreement, no Employee will suffer a disadvantage in respect ofrates ofpay and conditions of employment.

8. NO EXTRA CLAIMS

It is a term of this Agreement that the Company, Employees and the Union signatory to this Agreement will not pursue any further claims during its period of operation in regard to any matters contained within this Agreement. This Agreement is exhaustive of all tenns and conditions of the employment relationship except site specific conditions such as site allowances.

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However the parties acknowledge some projects may have si te specific agreements which prescribe special conditions. Where such agreements are contractually applicable and I or fonnally approved by the relevant industrial tribunal and the project agreement provides for an additional project specific productivity I milestone payment(s) and or other benefits, the Company shall comply subject to maintaining compliance with relevant Industry Codes of Practice and Guidelines.

9. COMPANY CONSULTATIVE COMMITTEE

The Company may establish and maintain where appropriate, a Consultative Committee as a forum for effective communication between the parties.

The Consultative Committee will be made up of an equal number of management representatives and Employee representatives elected by the Employees. The parties agree that there will be a maximum of three representatives from management and three from the site workforce.

The principle purpose of this Committee will be to:

a} Monitor the implementation of the terms of this Agreement b) Facilitate the process of workplace refonn through consultation c) Ensure Employees are properly consulted in respect of issues impacting on their wages,

working conditions and job security d) Monitor, discuss, develop and I or recommend measures or actions in respect of but not

limited to:

• Productivity • Job Security • Skills audit and training • Management of quality assurance I continuous improvement • Occupational health and safety • Existing and future work • Removal of restrictive work practices • Productive use of inclement weather downtime • Rehabilitation of injured Employees • Environmental protection • Redundancies

Where a Company Consultative Committee is not established consultation will take place direct with the workforce, Company Union delegate and signatory Union.

10. OBJECTIVES

This Agreement has the following objectives

a) To provide a culture for change b) To provide Employees with secure jobs with an opportunity to fully utilise existing and new

skills, thereby making work more interesting and challenging c) To improve the competitiveness, viability and profitability of the Company d) To improve efficiency and flexibility by changing the way work is organised e) To establish skills-related career paths for Employees

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f) To organise Company structures and job design to maximise the Company competitiveness g) To promote investor confidence and client satisfaction through improved efficiency, quality

of work and perfonnance h) To pursue the implementation of quality assurance and a total quality system i) To create a dispute free environment through consultation and common purpose j) To maintain and enhance Company occupational health and safety perfonnance k) To eliminate discrimination and sexual harassment (See Appendix A) 1) To encourage affinnative action the Company will seek to where possible employ

indigenous Australians, women and piling new entrants. m) To provide opportunities for injured Employees through rehabilitation. n) To pay Employees fair wages and provide enhanced employment condition. o) To help Employees apply a proper balance between work and family/social life.

11. PROTECTIVE CLOTHING

All Employees are entitled to appropriate footwear on commencement of employment in accordance with clause 20.1 of the BCGOA. If a new Employee does not have appropriate footwear the Company will supply it. This footwear will be replaced on a fair wear and tear basis on the condition that old footwear is presented for inspection if required.

Following the expiration of 152 ordinary hours of employment, new Employees will be provided with protective clothing in accordance with Appendix C.

All protective clothing, footwear and Personal Protective Equipment (P.P.E.) supplied will be replaced on a fair wear and tear basis.

Employees are expected to wear Company provided clothing and maintain such in a tidy manner, so as to display a professional Company image.

The shizts, trousers, jackets, footwear etc. and P.P .E. supplied, needs to maximise protection from all elements and hazards including but not limited to visibility, sun, weather, dirt, cut and abrasions, direct and indirect sources of heat, sparks and or electrical .conductivity.

Such clothing shall where practicable be made from natural fibre have long sleeves and long legs to maximise protection from all elements and hazards and shall satisfy the AS/NZS Standards for the conditions of the work environment and shall carry the appropriate standards and fabric composition on the labelling.

The relevant Standards are as follows:

a) AS/NZS 1906 Retro-reflective materials and devices for road traffic control. b) AS/NZS 1906.1 Part 4 High Visibility materials for safety garments. c) AS/NZS 1957 Textile care labeling AS/NZS 4399 Sun protection clothing.

Clothing shaH also cany a usage label

( i) Day use only (i i) Night use only (iii) Day or night use

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Wagstaff Piling P(y Ltd and Employees I CFMEU Collective Agreement

The Occupational Health and Safety Regulation 2001, clause 47, p laces an obligation on the Company to ensure that:

(a) adequate ventilation aud air movement is provided in indoor environments that may become hot, and

(b) appropriate work and rest regimes relative to the physical fitness, general health, medication taken and body weight of each employee exposed to heat are implemented.

Additional personal protective equipment e.g., gloves, eye protection, sun protection will be supplied where required.

It is a condition of employment with the Company that whilst working on site, Employees are required to wear hard hats, steel capped boots and appropriate protective clothing at all times.

The following disciplinary procedure will be adopted in relation to the wearing of these protective items:

a) Verbal warning(s) b ) Written warning c ) Eight (8) hours suspension- without pay d ) Thitty six {36) hourS suspension - without pay e ) Employment tenninated

This disciplinary procedure will not be unreasonably applied. The Union recognises the legal obligation on the Company and Employees to comply with safety footwear, helmet, protective clothing and equipment (eg. safety eyewear, gloves and hearing protection) requirements and the need for effective disciplinary procedure.

12. WAGE RATES AND OTHER EMPLOYMENT BENEFITS

In recognition of the efficiencies and productivity measures contained herein the following increases shall be available to Employees covered by this Agreement.

12.1 Wage Rates

Employees, except Apprentices, will be paid in accordance with the classification structure and wage rates in Appendix B of this Agreement. In addition there will be additional benefits payable in Appendix C and Employees shall also receive expense related and other BCGOA entitlements where applicable.

12.2 NSW Productivity Allowance

In return for compliance with the provisions of this Agreement, a NSW productivity allowance will be paid to all Employees covered by this Agreement. This allowance will be paid weekly for each hour worked and in accordance with Clause 30 of this Agreement, attracting no premium or penalty. The rate payable will be in accordance with Appendix C of this Agreement.

This NSW productivity allowance shall be paid for all hours worked attracting no premium or penalty and remain in force for the duration of the Agreement. Any agreed variation will be recorded in correspondence by the parties to this Agreement. This allowance shall be in lieu of special rates and multi-storey allowance as contained in the BCGOA.

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Such NSW productivity allowance shall also be in lieu of the applicable crib alJowance payable after two hours overtime work found in the Award.

12.3 Redundancy

Redundancy or redundant means the tennination or cessation of employment of an Employee for any reason.

In respect of redundancy benefits:

a) The Company, agrees to make redundancy contributions in respect of Employees covered by this Agreement to the Australian Construction Industry Redundancy Trust (ACIRT) in accordance with Appendix C of this Agreement

The contributions shall be paid monthly into ACIRT in accordance with the requirements of the Trust.

b) Employees will be entitled to a redundancy benefit for each week of service with the Company beiug the greatest of the following amounts:

i) the amount payable by the Company to ACIRT in accordance with this Agreement or ii) the amount prescribed by the BCGOA and/or iii) any amount prescribed or awarded by a relevant industrial tribunal

Where there is a higher entitlement under (b) ii) and or (b) iii) of this clause the Employee will be paid direct this entitlement on termination minus the balance that has already been paid into AClRT by the Company for this period of employment.

12.4 Superannuation

The Company shall be, and remain during the life of this Agreement, a patticipating employer in the Construction and Building Unions Superannuation Fund (Cbus).

The Company shall make superannuation payments monthly into Cbus or other agreed scheme between the parties to this Agreement in accordance with Appendix C of this Agreement.

All superannuation contributions will be paid monthly as per the Trust Deed. The Company will allow Employees to make additional contributions to their Cbus account by way of genuine salary sacrifice from pre-tax earnings.

Employees electing to make salary sacrifice payments to superannuation shall sign the Salaty Sacrifice Agreement, contained in Appendix F of this Agreement, when making arrangements with the Company for salary sacrifice. Any arrangement or agreement for salary sacrifice will not affect or reduce an Employee's cun·ent or future entitlement in tenns of Superannuation Guarantee, annual leave, leave loading, overtime penalty rates, long service, redundancy, sickness benefits, workers compensation or any other accrual or entitlement. Such current entitlements will continue to accrue at cunent hourly gross rates. Any future wage, salary increase, accrual or entitlements including Superannuation Guarantee will be based on gross rates of pay.

12.5 Top-Up Workers Compensation Insurance I Income Protection

The Company shall affect a non-cancellable "Workcover Top-Up" and "Income Protection" insurance policy for Employees covered by this Agreement. The tenns, conditions and benefits provided by the insurance policy must be equal or better, than that provided by "U-Plus".

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The cost of the "U-Plus" policy is $90.00 per Employee per month and the cost will not exceed $95.00 per Employee per month prior to 1 January 2013 if at all.

For the purposes of this clause "Workcover Top-Up Insurance" refers to additional Jump sum payments for death and pennanent injury as awarded under the NSW Workers Compensation Act.

12.6 Worl<ers Compensation

For the purposes of Section 42 of the Workers Compensation Act 1987, the ordinary rate of pay shall be the hourly rate in Appendix B plus the NSW Productivity Allowance prescribed in Appendix C. Other allowances e.g. fares, meal etc are not payable.

12.7 Security of Entitlements under this Agreement

The Company agrees that the Consultation provisions of this Agreement shall be followed where any of the circumstances described in sub-clause (a) and (b) below occur.

a) If at any time the Company experiences liquidity problems, which may affect the capacity to meet its obligations to pay entitlements and remuneration due to Employees under this Agreement or;

b) If at any time the Company is being or has been placed into administration (voluntary or otherwise) or liquidation or transferring Employees to a new entity. This shall include consultation regarding the details of any administrator, receiver or liquidator appointed.

Further, in respect of sub-clause (a) above, the Company may seek the assistance of a principal contractor and authorise payment by principal contractor of entitlements and remuneration owed to Employees, directly to, or for the benefit of, the Employees.

12.8 Industry I Workers Welfare

The Company shall contribute a weekly amount for each Employee covered by this Agreement in accordance with Appendix C of this Agreement to an account held by "The Construction Industry Drug and Alcohol Foundation" (CIDAF), to assist with the provision of Employee drug, alcohol and gambling rehabilitation and treatment services and programs delivered through "Foundation House".

The weekly contributions are to be paid monthly and forwarded to the CIDAF account by the fourteenth (14) day of the following month (ie. January must be received by 14 February).

13. TERMS OF EMPLOYMENT

13.1 Engagement

All prospective Employees shall be required to fill out the Company pre-employment application fonn and shall be required to undertake a pre-employment medical examination. Parties agree that new Employees shall be subject to a probationary period of 8 weeks.

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13.2 Redundancy

The parties agree that in the spirit of this Agreement, tenuination of employment will be consistent with the objectives and goals of the Company and the workforce. Tennination of employment shall be decided on, but not limited to, issues such as skills and ability, diligence, experience, leugth of service with the Company and anticipated skills and future labour requirements Employees will be consulted and advised in respect of what criteria is used to detennine redundancies p1ior to making Employees redundant.

When redundancies are deemed necessary there will be appropriate consultation with the workforce and relevant Union delegate(s) and Company Consultative Committee ptior to redundancies taking place. The Company should wherever possible seek voluntary redundancies.

The Company wiJJ ensure that selection of Employees will be done fairly and in accordance to the established criteria.

Where the need for redundancies is disputed, the Company will meet with the signatmy Union where the affected Employee(s) so choose to provide verification.

13.3 Resignation I Termination

When an Employee leaves of their own accord, their termination pay will be banked into their account at the end of the next pay period. Where the Company tenninates an Employee, termination pay wiU be paid by cheque or through electronic funds transfer into the Employee bank account as per the relevant BCGOA provision.

Where employment is terminated by the Company, payment in lieu of notice shall be at the ordinary hourly rate of pay only (as provided in Appendix B of this Agreement). Payment for superannuation, redundancy and I or any other allowances prescribed by this Agreement shall not be applicable for the notice period where notice is not worked.

14. PAYMENT OF WAGES

Except as provided in this clause the BCGOA conditions shall apply.

All wages, allowances and other monies shall be paid in cash, or by cheque, bank cheque, electronic funds transfer (EFT) or similar transfer or any combination thereof, if there is agreement in writing between the Company, the Employee and, where the Employee is a member of the Union and requests the consent of the Union, with the Union.

For all Employees the following provisions shall apply:

a) An Employee paid by cheque shall be allowed reasonable time as agreed between the Company and the Employee, to attend the Branch of the Employees bank nearest the workplace to cash such cheques during working hours.

b) Failure to reach agreement on reasonable time shall be dealt with in accordance with clause 26-Disputes resolution procedure of this Agreement.

c) Payments shall be paid and available to the Employee not later than the cessation of ordinary hours of work on Thursday of each working week.

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d) In any week in which a holiday falls on a Thursday or Friday, wages accrued shall be paid on the previous Wednesday. Nothing shalJ prevent any altemative mutual arrangement between the Company and an Employee.

e) The Company shall not keep more than two days wages in hand.

f) · Where, on any pay day, work ceases for the day because of inclement weather an Employee shall be paid all wages, allowances and other monies due without undue delay.

g) An Employee who has not received their wages on pay day, whether by cash, or, cheque, after more than a quarter of an hour after the usual time of ceasing work (for I reasons other than circumstances beyond the control of the Company), shall be paid at overtime rates after that quatter-hour with a minimum of a quarter of an hour, up until the wages are actually paid.

h) Particulars of details of payment to each Employee shall be included on the envelope including the payment, or in a statement handed to the Employee at the time payment is made, and shall contain the following inf01mation:

• name of the Company; • Company Australian Business Number (ABN); • name of the Employee; • classification of the Employee in accordance with the Agreement; • date of payment; • period covered by such payment, • the ordinaty hourly rate; the number of hours employed in the period at the ordinary

rate; • the amount of the p11yment made at the ordinary rate; • any overtime rates; the number of hours employed at the overtime rates; • the amount of the payment at overtime rates; • any allowances, special rates or other separately identifiable entitlement not included

in the hourly rate paid and the nature thereof; • the gross amount of the payment; • the net amount of the payment; the amount and purpose of any deductions made; • the name, or the name and number of the fund or account into which the amount of the

deduction was paid; • the amount of each superannuation contribution made during the period; • the fund into which the superannuation contributions were made and the Employee

number; • the Employees lol).g service leave registration number; • annual holiday payments; • annual leave accrued hours; • payment due on termination, including payment for annual leave, rostered day off

accumulation, and public holidays; and • rostered day off accrued hours

When notice 1s given in accordance with this Agreement all monies due to the Employee shall be paid at the time of tennination. Where this is not practicable, the Company shall have two working days to send monies due to the Employee by registered post (or where paid by EFf the monies are transferred into the Employee's account). Provided that if the money is not posted (or transferred) within that time, the time spent waiting beyond the two working days shall be paid for at ordinary rates, such payment to be at the rate of 8 ordinary hours pay per day up to a week's pay when the right to waiting time shall terminate.

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15. TRAVEL

Employees are entitled to payment of the daily fares allowance of this Agreement for travel to work each day. This allowance is payable for travel within the counties of Cumberland, Camden or Northumberland as defined in Appendix C of this Agreement. A map of the county boundaries is also in Appendix C.

The parties recognise that there is a need for more flexible travel provisions for projects located outside the counties of Cumberland, Northumberland, Camden and radial boundary areas. In an effort to acquire projects outside of these boundary areas and utilise the diverse living locations of Company Employees, who reside close to a county boundary, the parties agree that Employees may be required to travel to projects located outside the boundaries (as stated above) up to 50 !an from their place of residence without incurring the excess fares and travelling a11owance.

The excess fares and travel allowance will not apply to Employees who reside in the local region where the Employee is locally engaged on a Company project but maintains a separate place of residence from that recorded on the Employee job application form.

Employees covered by this Agreement shall be paid the fares and travel allowance provided for in Appendix C of this Agreement in lieu of the fares and travelling allowance in the BCGOA. This rate shall be paid for days worked (including RDO's} and shall remain in force without variation for the duration of the Agreement.

All other BCGOA conditions shall apply.

16. INCLEMENT WEATHER

The parties agree that should any site and I or section of a site be affected by inclement weather which shaH mean the existence of rain or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust stonn, 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 on that site or section of the site, affected, employees can be transfened to another section of that site, or another site, for productive work.

The parties agree that inclement weather does not automatically create unsafe working conditions Employees will not be expected to work in unsafe or unreasonable conditions due to inclement weather.

The parties to the Agreement agree to collectively work towards the minimisation of lost time due to inclement weather. Fmiher, the parties undertake to adopt the following principles and procedures with regard to inclement weather and the idle time that inclement weather creates:

a) Employees shall accept transfer to an area or site not affected by inclement weather if, useful work is available in that area or site and that work is within the scope of the Employees skill, competence and training consistent with the classification structure and the Company provides, where necessary, transport or payment of an allowance for use of an Employees vehicle, at the rates provided in the BCGOA.

b) Where the initiatives described in (a} above are not possible or non-productive, Employees will be available for activities such as relevant and meaningful skill development, production I upgrade of skill modules, OH&S training presentation and participation in learning, planning and reprogramming of the project.

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c) All parties are committed to an early resumption of work following any cessation of work, which may result from inclement weather.

d) If it is necessary and consistent with safe working procedure to walk through inclement areas in order to make areas safe, appropriate protection will be provided.

e) If it is necessary to walk through inclement areas in order to get to agreed working areas and considering safe work practices, appropriate protection will be provided.

f) The practice of "one out, all out" will not occur

g) Should a portion of the project be affected by inclement weather, all other Employees not so affected shall continue working regardless of the fact that some Employees may not be gainfully employed due to inclement weather.

h) All other BCGOA conditions shall apply.

17. TRAINING AND RELATED MATTERS

I 7.1 The parties recognise that in order to increase the efficiency and productivity of the Company a commitment to stmctured training and skill development is required.

Accordingly the C~mpany agrees to:

a) Provide Employees with the paid opportunity to acquire additional skills through appropriately stmctured training based on nationally endorsed competency standards and curriculum and

b) Encourage Employees to seek formal recognition of skills including recognition of prior learning (RPL).

17.2 The Company will consult Employees in respect of appropriate training which:

a) Is consistent with Company business requirements b) Is relevant to the needs and expectations of Employees. c) May be taken either on or off the job d) May be conducted when work cannot proceed e.g., due to inclement weather

Any training costs for courses will be paid by the Company in accordance with guidelines agreed by the Company Consultative Conunittee or arising from workforce consultation. The Company will not be requested to meet the costs of training undertaken by Employees which is not approved.

18. ANNUAL LEAVE

In addition to the provisions of the National Employment Standards (NBS) and the BCGOA the following shall apply.

18.1 Period of leave

18.1.1 Subject to the provisions of 18.2, 18.4 and 18.5 hereof, a period of 20 working days, (exclusive of any public holidays occurring during the period), shall be given and taken as leave annually to all Employees, other than casual Employees, after twelve months' continuous service (less the period of annual leave) with the Company.

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18.1.2 Where a mstered day off, (as prescribed in clause 29 of this Agreement) falls during the period annual leave is taken, payment of accrued entitlements for such day shall be made in addition to the annual leave payment prescribed in I 8. 7 hereof.

18.2 Method of taking leave

I 8.2.1 Either 20 days, or two separate periods of not Jess than five working days (in all cases exclusive of any public holidays occurring therein), shall be given and taken within six months from the date when the right to annual leave accrued. Provided that an Employee may elect, with the consent of the Company, to take annual leave in single day periods or part of a single day not exceeding five days in any calendar year at a time or times agreed.

18.2.2 Where an Employee requests that leave be allowed in one continuous period such request shall not be unreasonably refused. In the event of lack of agreement between the Company and the Employees the matter shall be dealt with in accordance with clause 26, Dispute Resolution Procedure, of this Agreement.

18.2.3 In the circumstances where a public holiday falls within one day of a weekend or another public holiday the provision of 18.2.1 hereof may be altered by agreement (between the Company and a m~jority of Employees affected under this Agreement) to provide that a day of annual leave entitlement may be granted on the day between the said public holidays and/or weekend if an Employee, or the Company, requests it. This provision will not affect an Employees' right to take up to five single days as provided in 18.2.1 hereof.

18.2.4 Where annual leave is proposed to be given and taken in two periods, one of which is to be in conjunction with the Christmas and New Year holidays, representatives of the Company and Employees, parties to this Agreement, shaH meet not later than 31 October in each year in order to fix the commencing and finishing dates for the following Christmas - New Year period of leave.

18.2.5 Where no agreement can be reached between the representatives pursuant to 18.2.4 hereof the matter shall be dealt with in accordance with clause 26 Dispute Resolution Procedure of this Agreement.

18.3 Leave allowed before due date

18.3.1 The Company may allow an Employee to take annual leave prior to the Employee's right thereto. In such circumstances the qualifYing period of further annual leave shall not commence until the expiration of twelve months in respect of which the leave so allowed was taken.

18.3.2 Where the Company has allowed an Employee to take annual leave pursuant to 1 8.3.1 hereof and the Employee's services are terminated (by whatsoever cause) pdor to the Employee completing the twelve months' continuous service for which leave was allowed in advance, the Company may for each complete week of the qualifYing period of twelve months not served by the Emplpyee, deduct from whatever remuneration is payable upon the termination of the employment one-fifty second of the amount of wages paid on account of the annual leave.

18.3.3 Notwithstanding anything contained in this subclause an Employee who has worked for twelve months in the industry with a number of different Companies without taking annual leave, shall be entitled to take annual leave aud be paid one- twelfth of an ordinary week's wages in respect of each completed 36 hours of continuous service with the current Company.

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18.4 Proportionate leave on termination

Where an Employee has given five working days or more continuous service, inclusive of any day off as prescribed by clause 29 of this Agreement (excluding overtime) and clause 34 of the BCGOA, and either leaves employment or the Employee's employment is terminated by the Company the Employee shall be paid one-twelfth of an ordinary week's wages in respect of each completed five working days of continuous service with the current Company for which leave has not been granted or paid for in accordance with this Agreement.

18.5 Broken service

18.5.1 Where an Employee breaks continuity of service by an absence from work for any reason (other than a reason set out in 18.6 of this Agreement) the amount of leave to which the Employee would have been entitled under 18.1 hereof shall be reduced by one-forty-eighth for each week or part thereof during which any such absence occurs, and the amount of payment in lieu of leave to which the Employee would have been entitled under 18.4 hereof shall be reduced by one- twelfth of a week's pay for each week or part thereof during which any such absence occurs.

18.5.2 Provided, however, that no reduction shall be made in respect of any absence, unless the Company informs the Employee in writing of the Company's intention so to do within fourteen days of the te1mination of the absence.

18.6 Calculation of continuous service

Continuous service for the purposes of this Agreement service shall be deemed to be continuous notwithstanding an Employee's absence from work for any of the following reasons:

18.6.1 Annual leave, personal leave or parental leave;

18.6.2 lllness or accident up to a maximum of four weeks after the expiration of paid sick leave;

18.6.3 Jury service;

18.6.4 Injury received during the course of employment and up to a maximum of 26 weeks for which the Employee received worker's compensation;

18.6.5 Where called up for milita1y service for up to three months in any qualifying period;

18.6.6 Long service leave;

18.6.7 Any reason satisfacto1y to the Company or in the event of a dispute in accordance with clause 26 Dispute Resolution Procedure of this Agreement. Provided that the reason shall not be deemed satisfactory unless the Employee has infonned the Company within 24 hours of the time when the Employee was due to attend for work, or as soon as practicable thereafter, of the reason for the absence and probable duration.

18.7 Leave payment

18.7.1 Payment for period ofleave Each Employee, before going on annual leave, must be paid, in advance, the amount which they would have received for working ordinaty time hours if they had not been on leave.

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18.7 .2 Annual leave loading

In addition to the payment prescribed in 18.7.1 hereof an Employee must receive during a period of annual leave a loading of 17.5% calculated on the rates loadings and allowances prescribed by:

a) Clause 12.1 Wage rates and remuneration and Appendix B of this Agreement. b) Appendix C-Fares allowance of this Agreement c) Clause 19.2- Leading hand allowance (if applicable) of the BCGOA

The loading prescribed above shall also apply to proportionate leave on lawful tennination.

18.7 .3 Instead of the payment in respect of annual leave loading provided for in clause 18.7 .2, an Employee who would have worked on sbiftwork had they not been on leave and where the Employee would have received shift loadings prescribed by clause 34 Shiftwork of the BCGOA, had they not been on leave during the relevant period and such loadings would have entitled them to a greater amount than the loading of 17.5%, then the shift loading as prescribed in clause 34 of the BCGOA will be included in the rate of wage prescribed by clause 18.7.2 instead of the 17.5% loading.

18.8 Annual close down

18.8.1 Notwithstanding anything contained in this Agreement the Company giving any leave in conjunction with the Christmas -New Year holidays may, at the Company's option, either:

18.8.l(a) stand down without pay during the petiod ofleave any Employee who has not yet qualified under 18 .1 hereof, or

18.8.1 (b) stand down for the period of leave any Employee who has not qualified under 18.1 hereof and pay the Employee (up to the period of leave then given) at a rate of one-twelfth of an ordinary week's wages in respect of each 36 hours' continuous service (excluding overtime).

18.8.2 Provided that where the Company at their option decides to close down their establishment at the Christmas - New Year period for the purpose of giving the whole of the annual leave due to all, or the majority of their Employees then qualified for such leave, the Company shall give at least two months' notice to their Employees of their intention so to do.

18.9 Commencement of leave distant jobs

If an Employee is still engaged on a distant job when annual leave is granted and the Employee returns to the place of engagement, or if employed prior to going to country work the pl ace regarded as the Company's headqu811ers, by the first reasonable means of transport the Employees annual leave shall commence on ·the first full working day following the Employees return to such place of engagement or headquarters as the case may be.

18.10 Prohibition of alternative arrangements

The Company shall not make payment to an Employee in lieu of annual leave or any part thereof except as is provided for in the NES or this Agreement, this clause and no contract, arrangement, or agreement sball annul, vBly or vitiate the provisions of this clause whether entered into before or after the commencement of this Agreement.

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Wagstaff Piling Pty Ltd and Employees I CFMEU Colfective Agreement

The parties agree during the life of the Agreement to explore the feasibility of payment into an annual leave trust. The Union undertakes not to pursue this claim by industrial action.

Subject to clause four (4) of this Agreement aJI other Award conditions, shall apply.

19. PERSONAL LEAVE

The provisions of this clause apply to Employees other than casuals.

19.1 Amount of paid personal leave

19.1.1 Paid personal leave will be available to an Employee when they are absent due to:

• personal illness or injury (sick leave); or

• for the purposes of caring for an immediate family or household member who is sick and requires the Employee's care and support (carer's leave); or

• bereavement on the death of an immediate family or household member (compassionate leave)

19.1.2 The amount of personal leave to which an Employee is entitled is as follows:

19.1 .2 One day a month for the first teo calendar months shall be available for sick leave in the first year of employment and a further two days of compassionate leave shall also be available in the first year of employment;

19.1.2 (b) Ten days sick leave at the beginning of the Employees second and each subsequent year, which subject to 19.3.8 hereof, shall commence on the anniversary of engagement. lo addition, a further two days of compassionate leave shall also be available in the Employee's second and each subsequent year.

19.1 .3 ln any year unused sick leave accrues at the rate of the lesser of:

19.1.3 (a) ten days less the total amount ofsick leave and carer's leave taken from the current year's personal leave entitlement in that year; or

19.1.3 (b) the balance of that year's unused sick leave and carer's leave.

19.2 Immediate famlly or household

19.2.1 The entitlement to use personal leave for the purpose of carer's or bereavement leave is subject to the person being either:

19.2.1 (a) a member of the Employee's immediate family; or

19.2.1 (b) a member of the Employees' household.

19.2.2 The tenn immediate family includes:

19.2.2 (a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the Employee; or

19.2.2 (b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the Employee.

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19.3 Sick leave

I 93.1 An Employee duting the fii·st year of employment with the Company shall be entitled to use personal leave as sick leave, on account of personal illness or injury other than that covered by workers compensation, at the rate of one day at the beginning of each of the first ten calendar months.

19.3.2 Provided that an Employee who has completed one year of continuous employment shall be credited with a further teo days sick leave entitlement at the beginning of the Employee's second and subsequent year, which subject to 19.3.8 hereof, shall commence on the anniversary of engagement.

19.3.3 An Employee is entitled to use accumulated personal leave for tl1e purpose of sick leave where the current year's sick leave entitlement has been exhausted.

19.3.4 An Employee shall as soon as practicable but not later than 24 hours of the commencement of such sick leave infonn the Company of the Employee's inability to attend for duty, and, as far as practicable, s tate the nature of the injury or illness and the estimated duration of the Employee's absence.

193.5 An Employee shall prove to the Company's satisfaction that the Employee was unable on account of such illness or ~jury to attend for duty on the day or days for which sick leave is claimed.

19.3.6 In the case of an Employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only such Employee if in the year the Employee has already been allowed paid Sick Leave on two occasions for one day only, shall not be entitled to payment for the day claimed unless the Employee produces to the Company a certificate of a duly qualified medical practitioner that in the medical practitioner's opinion, the Employee was unable to attend for duty on account of personal illness or injury. Provided that the Company may agree to accept from the Employee a Statutory Declaration, stating that the Employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate.

19.3.7 Any sick leave for which an Employee may become eligible under this Agreement by reason of service with one employer shall not be cumulative upon sick leave for which the Employee may become eligible by reason of subsequent service with another employer.

19.3.8 If an Employee is terminated by the Company and is re-engaged within a period of six months, then the Employee's unclaimed balance of sick leave shall continue from the date of re-engagement. In such case the Employee's next year of service will commence after a total of twelve months has been se1ved with that Company excluding the period of intenuption in service from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment, as the case may be.

20. PARENTAL LEAVE

This clause is intended to summarise the National Employment Standards (NES) entitlement and shall not over-ride the NES.

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After 12 months of continuous employment, an Employee (other than a casual) may take up to 52 weeks of unpaid leave for the purposes of caring for a new born or newly adopted child. The leave may be taken by either the mother or father. The Employee will provide the Company with substantiating documentation if requested.

21. COMPASSIONATE LEAVE

This clause is intended to summarise the NES entitlement and shall not over-ride the NES.

Employees (other than a casual) will be entitled to two days paid leave at the ordinary rate when a member of the Employees immediate family or a member of the Employees household, dies, contracts or develops a personal illness that poses a serious threat to his or her life or sustains a personal injury that poses a setious threat to his or her life. Further unpaid leave may be granted. The Employee will provide the Company with substantiating documentation if requested.

22. JURY SERVICE

In respect of Jury Service the following shall apply.

a) An Employee required to attend for jury service shall be entitled to have the Employees pay made up by the Company to equal the ordinary pay as for eight hours (inclusive of accrued entitlements prescribed by clauses 29 of this Agreement) per day plus fares whilst meeting this requirement. The Employee shall give the Company proof of such attendance and the amount received in respect of such jury service.

b) An Employee shal1 notifY the Company as soon as practicable of the date upon which the Employee is required to attend for jury service, and shall provide the Company with proof of this attendance, the duration of such attendance and the amount received in respect thereof

23. CASUAL LABOUR

A casual Employee is an Employee employed on an occasional basis and whose work pattern is not regular and systematic. 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 number ofhours to be worked, and the relevant rate of pay.

A casual Employee shall be entitled to all the applicable rates and conditions of employment presctibed in this Agreement except annual leave, personal leave, parental leave, jury service, redundancy and public holidays.

Provided that an Employee engaged by the Company pursuant to this clause, on a regular or systematic basis for a sequence of periods of employment for more than three months shall not be a casual Employee and shall be entitled to all the conditions of a pennanent Employee. However, the Company shall have the right to extend the three month casual period by a further three months. An Employee shall have the right to request after six months employment as a casual to convert to pennanent employment. Such request shall not be unreasonably refused by the Company, where positions are available.

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On each occasion a casual Employee is required to attend work, the Employee shall be entitled to payment for a minimum of four hours work plus the relevant fares and travel allowance in this Agreement.

A casual Employee for worlcing ordinary hours shall be paid 125 percent of the hourly rate prescribed in this Agreement for the Employees classifica lion.

A casual Employee required to work overtime or weekend work shall be entitled to the relevant penalty rates prescribed in this Agreement provided that:

Where the relevant penalty rate is time and a half the Employee shall be paid 175 percent of the hourly rate prescribed in this Agreement for the Employee's classification and where the relevant penalty rate is double time the Employee shall be paid 225 percent of the hourly rate presctibed in this Agreement Employee's classification. A casual Employee required to work on a public holiday shall be paid 275 percent of the hourly rate prescribed in this Agreement for the Employees classification.

Tennination of all casual employment shall require one hour's notice on either side or the payment or forfeiture of one hour's pay, as the case may be.

24. EMPLOYMENT SECURITY, STAFFING, RECRUITMENT AND REPLACEMENT LABOUR

The Company recognises that in certain circumstances the use of contractors and labour hire may affect the job security ofEmployees covered by this Agreement.

24.1 Use of Contractors

If the Company wishes to sub-let a contract or part of a contract to a bona fide contractor to perform work that might be performed by Employees under this Agreement, the Company must first consult in good faith with the potentially affected Employees and their Representative(s).

If, after consultation, the Company decides to engage bona fide contractor(s), these subcontractors shall ensure that they are meeting their legal and statutory entitlements for all employees that they engage. The use of sham sub-contracting arrangements would constitute a breach of this Agreement.

In addition, no existing employee of the Company shall have their position displaced by the use of a contractor.

24.2 Supplementary Labour Hire

Where there is a need for supplementary labour to meet temporary/peak work requirements, such labour may be accessed from the bona fide labour hire companies following consultation with the Company Consultative Committee and I or workplace delegate.

If labour hire is to be used the Company shall ensure that any workers engaged through a supplementary I labour hire anangement are being paid in accordance with their legal and statutory entitlements.

ln addition, no existing employee of the Company shall have their position displaced by the use of supplementary labour hire.

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25. COMPLIANCE

Where a complaint is made regarding a suspected breach of pay entitlements and reumneration due to Employees under this Agreement, it is agreed that an audit can be jointly undertaken by the Union and Master Builders Association ofNSW to ensure compliance with this Agreement.

If the Company is identified as being in minor I technical default with this Agreement and/or statutory obligations (e.g. under payment or nonpayment of an entitlement) there will be no stoppage of work whilst this audit is proceeding.

If the Company is identified as paying an 'all-in' rate it will pay the 'all-in' rate being paid to all Employees on that site plus all conditions of this Agreement for job duration. An "ail-in" rate means a payment in lieu of one or more entitlements of this Agreement.

26. DISPUTE RESOLUTION PROCEDURE

a) If a dispute arises about any matter under or in any way related to this Agreement, the National Employment Standards (including subsections 65(5) or 76(4) of the Fair Work Act), or any other work-related matter (including a dispute about whether a workplace right has been breached), the parties to the dispute will attempt to resolve the dispute at the workplace leveL Where such discussions do not resolve the dispute the parties will attempt to resolve the dispute by further discussion with more senior levels of management.

b) An Employee or Employees with a concem or dispute will first meet and confer with their immediate supervisor. An Employee or Employees may appoint another person or Union representative to support or represent them at any stage of discussions and/or the grievance procedure to resolve the concern or dispute.

c) If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate.

d) If the matter remains umesolved, the Company may refer it to a more senior level of management or representative.

e) In order to facilitate the resolution of concerns or disputes:

•

•

The pat1y with the concern or dispute must notify the other party at the earliest opportunity of the problem; Throughout all stages of the procedure all relevant facts must be clearly identified and

• recorded; • Sensible time limits must be allowed for completion of the various stages of

discussion. However, the parties must co-operate to ensure that the disputes resolution procedures are canied out as quickly as possible.

• It is agreed between the parties that in the settlement of a dispute where it is identified that the Company is in minor I technical default with BCGOA, Agreement or statutory

• obligations (e.g. under payment or non-payment of entitlements) there will be no stoppage of work whilst the breach is under investigation.

• Nothing in this clause shall affect any individual Employee's legal rights and I or remedies

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f) Parties to a dispute may appoint a person or organisation of their choosing to represent them in the dispute settlement process. In the absence of any express appointment to the contrary, Union members shall be represented by their Union at all stages of the dispute settlement process. The Company agrees to engage with the Union in good faith fo~ the purposes of dispute resolution by allowing the relevant Union official to enter the workplace to assist with representing Employees to deal with a dispute under the tenns of this dispute resolution procedure provided however this clause shall not be construed as providing any rights which are inconsistent with s 194 (f) or (g) of the Fair Work Act.

g) A party may refer the dispute to Fair Work Australia (FWA) to settle the dispute where:

h)

i)

• the dispute cannot be resolved at the workplace level; or • the dispute is not being progressed in a timely manner; or • there are aspects of the nature of the dispute which require the dispute to be dealt with

urgently; or • the Company and the other party in dispute otherwise agree to refer the dispute.

FW A may deal with the dispute using all the procedures available to it under the Act and may attempt to settle the dispute by conciliation or mediation or, where the parties agree, a recommendation or expression of opinion by FW A. If the dispute remains um·esolved, FWA may settle the dispute by arbitration Subject to subclause j) below, a decision of FWA under this dispute resolution procedure will bind the parties.

j) Notwithstanding subclause i) above, either party may exercise a right of appeal against the decision to a Full Bench

k) Clause 9.7 Dispute Resolution Procedure Training Leave of the Building and Construction General On-site Award 2010 is expressly incorporated as a term of this Agreement.

27. OCCUPATIONAL HEALTH AND SAFETY

All occupational health and safety issues will be resolved in strict accordance with the relevant legislation.

The most qualified or appropriate person will render first aid.

lf a safety problem arises, the matter shall be brought to the attention of the immediate supervisor I foreperson. He I she shall organise to have the problem rectified and the Employees relocated to safe work areas whilst rectification work is being can-ied out.

Where a safety problem exists, work shall cease only in the affected area. Work shall continue elsewhere unless there is no safe access to working areas. However, any problem of access shall be immediately rectified and the Employees will use alternate safe access to such working areas while the usual access is being rectified.

Should a dispute arise over a safety issue, immediate inspection of the disputed area involving both the Company and the site safety representative and I or safety committee shall take place.

If there is more than one area thought to be unsafe, the WHS Committee and Company will nominate in order of priority the areas to be inspected. On verification that rectification has been completed, productive work will resume. Such resumption shall take place if necessary in stages as each area has been cleared.

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Provided that any disagreements between Company and the Site Safety Representative(s) and I or Safety Committee shall be determined by the recotrunendation of a WorkCover NSW Inspector.

The Company will ensure all Employees complete the W orkCover accredited Occupational Health and Safety Induction Course.

28. COMPANY DRUG AND ALCOHOL POLICY

Under no circumstances will any Employee affected by alcohol and I or affected by any other dmg be pennitted to work and I or operate any equipment on Company projects.

If an Employee is affected by alcohol or any other drug and is sent home to recover, he I she will not be paid for the lost time. Incidents conceming drug or alcohol shall be dealt with in accordance with the Company's existing drug and alcohol policy or where such a policy does not already exist, the Building Trades Group (BTG) of Unions Dmg and Alcohol Safety Rehabilitation Program. A copy of this program i s attached hereto in Appendix G.

The parties agree that no alcohol I drugs will be permitted on Company projects.

If there is a requirement to vary this program it will occur following consultation between the parties.

There will be appropriate consultation between the parties in respect of a Company drug and alcohol policy where not already implemented.

29. HOURS OF WORK / ROSTERED DAYS OFF

29.1 Hours of Work

Consistent with the objectives of this Agreement, the parties have agreed to organise the hours of work to suit the requirements of the industry whilst also giving the Company and Employees greater flexibility in organising their rostered days off (RDO's). The ordinary working hours shall be Monday to Friday 8 hours per day.

Work will be perfonned between 6.00 am and 6.00 pm. Where agreement is reached with relevant Employees, a 5.00am start may be introduced (with subsequent meal and crib time adjustments) to allow for day light saving and special project requirements.

29.2 Rostered Days Off

The ordinary working hours shall be 8 hours per day Monday to Ftiday with 0.8 of an hour per day accruing for rostered days off (RDO's) and or the paid Saturdays refetTed to in this clause.

The following is agreed in respect of rostered days off:

i.) Subject to 29.2 (v), agreement shall be reached by the Company and Employees as to which day shall be taken as a rostered day off when such entitlement is due. The fares entitlement of this agreement is applicable on RDO's. It i s agreed a Company roster may apply.

ii.) RDO's m ay be banked to a maximum of six (6) days in any 12 month period. These IillO's may be taken as a group of consecutive days or any other combination subject to reasonable notice by an Employee.

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iii.) AJty disputes ansmg from this clause shall be resolved through the dispute settlement procedure of this Agreement

iv.) Where more than one (1) accrued RDO is to be taken on consecutive working days, application for such paid leave shall be sought giving a reasonable period of notice.

v.) ft is recognised that there is merit in programming no work on the ROO's 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 ROO's adjacent to Australia Day, Easter Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queens Birthday, Labour Day and Industry Picnic Day.

·vi.) 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 ROO's. Unless impracticable the Company will give the other parties 7 days notice of any such need for work so as to ensure appropriate consultation.

vii ) Employees shall use the additional ROO accruals arising front the introduction of the 36 hour week to a maximum of 14.4 hours for payment of the No Work Saturdays. Attached hereto as Appendix E is the Leisure Days and Public Holidays calendar. Employees shall only be entitled to payment of one (I) fare allowance on any paid no work Saturday.

viii.) A new Employee will be eligible for an RDO after achieving 7.2 hours ROO accrual. However, a new Employee will be eligible to use lesser ROO accruals for the Saturdays and adjacent fixed ROO's nominated as no work public holiday I ROO weekends.

ix.) Employees will be paid all unpaid ROO accmals on termination and by agreement may be paid out RDO accruals at the end of each calendar year provided that a minimum accrual of three RDO's are retained by the Employee.

29.3 Overtime

a) The parties to this Agreement recognise that excessive overtime is of detriment to personal, family and community life and can jeopardise workplace safety. The Company and the workforce shall develop guidelineS during the life of this Agreement to Jimit excessive overtime.

b) The Company may require an Employee to work reasonable overtime. However reasonable overtime shall not include a requirement on the part of Employees to work 8 hours overtime each Saturday and it shall not for any purpose, be regarded as a restriction I limitation for Employees not to so work. Reasonable overtime will be determined having regard to:

i . ) Any risk to Employee health and safety; i i.) The Employee's personal circumstances including family responsibilities; i ii . ) The needs of the Company; i v.) The notice (if any) given by the Company of the overtime; v.) Any o ther relevant matter.

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29.4 Overtime on Saturdays and Sundays

Overtime worked on a Saturday will be paid for at the rate of time and one half ordinary rime rates for the first two hours and double ordinary time rates thereafter. Employees required to work on a Saturday will be afforded a minimum 3 hours work, or be paid as if for 3 hours at the aforementioned overtime rates.

Overtime worked on a Sunday will be paid for at the rate of double ordinary time rates. Employees required to work on a Sunday will be afforded a minimum 4 hours work, or be paid as if for 4 hours at the aforementioned overtime rates.

29.5 Public Holidays and Holiday Wo1·k

a) Prescribed Holidays

An Employee, other than a casual Employee is entitled to payment at the Employee's nonnal ordinary hourly rate of pay for the following public holidays:

• New Year's Day

• Australia Day

• Good Friday • Easter Saturday

• Easter Monday

• Anzac Day

• Queen's Birthday

• Labour Day

• Christmas Day

• Boxing Day

or such other day(s) proclaimed or gazetted in addition to or in substitution for any of the above days in which case the substituted day will be deemed to be the holiday for the purposes of this Agreement.

b) Payment for Work on Public Holidays

An Employee required to work on a public holiday identified in 29.5 (a) or on picnic day as provided in Clause 31 in tbis Agreement, will be paid at the rate of double time and a half ordinary time rates inclusive of payment for the day.

c) Minimum Payment

An Employee required to work on a public holiday identified in 29.5 (a) or on picnic day as provided in Clause 31 of this Agreement, will be paid for a minimum of four (4) hours work at the rate of double time and a half ordinary time rates inclusive of payment for the day. .

d) Tennination

Where an Employee is tenninated 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 holiday or each holiday in a group as prescribed in 29.5 a), hereof which falls within ten (10) consecutive calendar days after the day of tennination.

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e) Group ofHolidays

Where any two or more of the public holidays prescribed in 29.5 a) occur within a seven (7) day span such holidays will for the pmpose of this Agreement be a group of holidays. If the first day of the group falls within ten (10) consecutive days after termination, the whole group will be deemed to fall within the ten (10) consecutive days.

30. LONG SERVICE LEAVE

Upon commencement of employment, the Company shall register each Employee if not already registered with the Building and Construction Industry Long Service Payments Corporation. The Company will strictly comply with all requirements of the relevant long service legislation. An Employee will be entitled to payment of long service where applicable calculated on the hourly rate, piling allowance, NSW productivity allowance and leading hand allowance where applicable provided for in this Agreement.

31. PICNIC DAY

It is agreed by the parties that the first Monday of December shall be observed as the industry picnic day. No work shall be scheduled on industry picnic day, or an alternative gazetted picnic day, and as agreed by the parties to this Agreement, without loss of pay to Employees.

32. WORKPLACE REPRESENTATION I UNION DELEGATE

The parties recognise the role Employee's representative has in seeking to ensure industrial harmony on the site or at the workplace. Further, the parties recognise that the on-site representative is a fi rst point of contact for an Employee who has an employment related grievance or a grievance, query or concern arising under the tenns of the Agreement.

An Employee representative shall, upon notification to the Company, be recognised as the accredited representative of the Employees, and if an Employee seeks representation by the representative, that representative will be allowed necessary time during working hours to submit to the Company employment related matters affecting the Employees he I she represents. At all other times the Employee representative will perfonn productive work within his I her range of qualifications and competence. Further, the Employee representative shall be allowed reasonable tune during working hours to attend to such job matters affecting the Employees to perfonn their work.

Prior to dismissal or transfer to an Employee representative two days written notice shall be given to the Employee representative.

32.2 Workplace Representative I Union Delegate

A Workplace Representative I Union Delegate shall have the right to:

(a) Be h·eated fairly and to perfonn their role as Workplace Representative I Union Delega te without any discrimination in their employment

(b) Formal recognition by the Company that an endorsed Workplace Representative I Union Delegate is able to speak on behalf of Employees in the workplace

(c) Bargain collectively on behalf of the Employees they represent (d) Consultation and access to reasonable information about the workplace and the Company (e) Paid time off work to 1·epresent the interests of Employees to the Company

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(f) Reasonable paid time during nonnal working hours to consult with Employees conceming matters impacting on their work

(g) Reasonable access to telephone, facsimile, photocopying, internet and e-mail facilities for the purpose of carrying out work as a Delegate and consulting with workplace colleagues and the union

(h) Place union information on a notice board in a prominent location in the Company owned workplace, without compromising Freedom of Association rights

33. FLEXIBILITY ARRANGEMENT

33. 1 TI1e Company and an individual employee may agree to vary the application of this agreement to meet the genuine individual needs of the Company and the individual employee. The Compauy and the individual employee may agree to va1y the application of terms of this Agreement in regard to an·angements for when and where work is perfmmed.

33.2 The Company must ensure that any individual flexibility atTangement agreed to must:

Be about matters that would be pennitted matters if the arrangement were an enterprise agreement; and, Not include a term that would be an unlawful term if the arrangement were an enterp1ise agreement.

33.3 The flexibility term must require that any individual flexibi lity anangernent is genuinely agreed to by the employer and the employee.

The Company must ensure that any individual flexibility arrangement agreed to under the term must result in the employee being better off overall in tem1s of conditions of employment than the employee would have been if no individual flexibility arrangement were agreed to.

TI1e employer must ensure that any individual flexibility arrangement agreed to by an employer and employee under the term does not require the approval, or consent by another person.

Tite flexibility arrangement must require the employer to ensnre that any individual flexibility anangement agreed to under the tenn must be able to be temUnated:

By either the employee, or the employer, giving written notice of not more than 28 days; or,

By the Employee and the employer at any time if they agree, in writing, to the termination.

The Company must ensure that any Flexibility Arrangement:-

Is agreed in writing and signed by the Company and the employee; and,

If the employee is under 18-is also signed by a parent or guardian of the employee; and,

A copy of any individual flexibility arrangement agreed to must be given to the employee within 14 days after it is agreed to.

34. COUNSELLING AND DISCIPLINARY PROCEDURES

The Company recognises the importance of clear and understood counselling and disciplinary procedures. Attached hereto as Appendix E of this Agreement are the procedures adopted by the Company and agreed with the workforce.

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35. CONSULTATION FOR PURPOSES OF s 205 OF THE FAIR WORK ACT 2009

Where the Company is considering and prior to any decision on the introduction of major workplace changes that are likely to have a significant effect on Employees, the Company will notify and consult with the Employees and their Unionls or other representative's.

The Company will recognise the Union (or other representative appointed by an Employee) and consult in good faith in relation to such proposed changes, including by allowing entry to Company premises to assist with representing Employees in consultation relating to the proposed workplace changes.

Provided however this clause shall not be construed as providing any rights which are inconsistent with s 194 (f) or {g) of the Fair Work Act. ·

The obligation to notify and consult includes providing all relevant details to the Employees and their union/representative in writing with:

a) the nature of the changes, any proposed timing of the changes and the expected likely effect on Employees

b) any measures the Company is proposing to take to ave1t or mitigate any adverse effects of such changes on Employees; and

c) any other matters related to the changes which may affect the Employees.

In this clause major workplace changes that are likely to have a significant effect on Employees includes:

i . ) tennination of employment i i . ) changes to composition, operation or size of the workforce or the skills required of

Employees i i i . ) elimination or reduction of job opportunities (including promotion/tenure) i v . ) alteration of hours of work v . ) retraining, relocation and or restructuring changes to the legal or operational structure

of the Company or business, including changes to business ownership or control. v i . ) changes to drug and alcohol program.

36. SEVERABILITY

It is the intention of those covered by this Agreement that the Agreement contains only pennitted matters under the Fair Work Act 2009.

The severance of any te1m of this Agreement that is, in whole, or in part, of no effect by virtue of the operation of s 253 of the Fair Work Act shall not be taken to affect the binding force and effect of the remainder of the Agreement.

To the extent it is possible, all tenns should be interpreted in a manner that would make them pe1mitted matters.

37. lMMIGRATION COMPLIANCE

The Company recognises its obligations in respect of compliance with the Australian immigration laws.

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Prospective Employees will be required to complete the Authority contained in Appendix H of this Agreement to obtain from Depa11ment of Immigration and Citizenship (DlAC) details of immigration status. No person will be allowed to undertake any work for the Company unless it is verified he I she has the right to work.

Copies of this authority will be available on request to the Union Delegate.

38. APPLICATION OF APPENDICES

The Appendices of this Agreement form part of the Agreement and as such are enforceable.

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39. ENDORSEMENT OF TH E AGREEMENT

The patt ies recognise that each has a responsibility to ensure the successful operation of this Agreement. The signatures below testify the fact that the Agreement has been endorsed at peak Company, Union and Employee levels.

Signature FOR THE UNION

Blian Parker Print Name in Full FOR THE UNION

12 Railway Street

Lid com be NSW Address of Signatory FOR THE UNION

State Secretary Position I Authority Held FOR THE UNION

;z, I 4- r ~0.1 ~ . Date of Signing Agreement

Signature

Signature FOR THE COMPANY

Print Name in Full FOR THE COMPANY

Address of Signatory FOR THE COMPANY

Position I Authority Held FOR THE COMPANY

Date of S igning Agreement

UNION DELEGATE/EMPLOYEE REPRESENTATIVE FOR THE EMPLOYEES

Lo.- c.tL 0@ tlll?/:1 Print N arne in Full UNION DELEGATE/EMPLOYEE REPRESENTATIVE FOR THE EMPLOYEES

·z.G -1- ;c_. Date of Signing Agreement

Marcil 2012 30 I }J r1 g e

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APPENDIX A

Discrimination and Sexual Harassment

The aim of the Company is to provide a work environment free from all types of disclimination and sexual barassment for all Employees fully suppmiing the Sex Discrimination Act 1984 and the Anti Discrimination Act 1977.

The Company fully complies with all applicable requirements of the federal and state legislation on discrimination, including, but not limited to discrimination on the grounds of religion, national origin, marital status, gender, disability or age.

There is an expressed commitment by the Company to prohibit discrimination against applicants or Employees in employment, promotion, demotion, transfer, recruitment, recruitment advertising, stand downs, termination, rates of pay and other fonns of compensation, and selection for training.

Sexual harassment is unacceptable behaviour, which is not asked for and can take many fonns, obvious or subtle, direct or indirect. lt can include, but is not limited to display of sexually suggestive, offensive degrading material, computer screen savers and e-mail, sexually suggestive looks and comments, wolf whistling or physical contact and indecent assault.

Should there be an occunence where a complaint of discrimination or sexual harassment has been received; the Company Consultative Committee where it has been established shall be responsible for assessing and reviewing the complaint matter, with the complete cooperation of management.

Any alleged complaint of discrimination or sexual harassment will be handled with utmost confidentiality, fairly and expeditiously, for all those involved.

Ultimately, the responsibility for discrimination and sexual harassment matters lies with senior management of the Company.

The Company will make a genuine effort to give opportunities in employment where possible to Aboriginal or Torres Strait Islanders.

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Wagstajj'Piling Pty Ltd and Employees I CFMEU Collective Agreement

APPENDIXB

Agt·eement Classification Structure

Classification

Foundario11 Worker Levell (FWJ)

An entry level Employee with little or no experience in the piling sector. A FWI must possess an OH&S induction card and demonstrate a capacity to work safely. New entrants will work towards acquiring skills both f01mal and informal over time.

Fou11datio11 Wol'ker Level 2 (FW2)

A skilled labourer who has a minimum of two (2) years experience in the piling sector. They have attained a fmmal qualification e.g. bobcat, dogman etc.

Foumlario11 Worker Level 3 (FW3)

A senior foundation labourer with experience in the foundation industry and capable of operating and maintaining ancillary foundation equipment, also with additional fonnal qualifications e.g. rigger, excavator etc.

Fomrdatiou WorkerLeve/4 (FW4)

An operator of most small Company equipment, drilling Iigs and ancillary machinery.

Fomularion Wor·ker Level 5 (FW5)

A skilled and experienced foundation labourer I leading hand with higher level f01mal qualifications than lower levels. Operator of medium Company equipment dlill rigs and smvice cranes.

Fouudation Wm·ker Level 6 (FW6)

An operator capable of operating and maintaining a variety of large Company equipment, drilling rigs and cranes in various foundation applications. Junior Supervisor capable of servicing medium value projects.

Fou11datiou Worker Level 7 (FIV7)

An advanced operator capable of operating and maintaining the maJonty of Company equipment, drilling Iigs and cranes. Supervisor capable of servicing projects of larger value.

Fomularioll Worker Leve/8 (FW8)

A senior operator capable of operating and maintaining most Company equipment, drill rigs and cranes to the highest level. Senior Supervisor capable of fully servicing projects of any value with occasional engineering assistance.

This classification structure will be read in conjunction with the Company training and classification structure.

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WagstaffPiling Pty Ltd and Employees I CFMEU Colfeclive Agreement

Rates applicable from first full pay period on or after 1 March 2011

35.3 1 47.08 29.43 37.61 50.14 31.34 39.00 52.00 32.50 39.26 52.34 32.71 40.95 54.60 34.13 41.78 55.70 34.81 42.54 56.72 35.45

28.80 207.36 23.04 43.20 57.60 36.00

Rates applicable from first full pay period on or after 1 October 2011

· •: -·! · · · ·· ~ ·· .,...,. ·.; · ~ ·• ""'~ · ~ · · .l,. · · .. ·o;." ... · " 'c' · · · · J ':~- ·. ·· : -... ·-· ' ~:- ~ :·.:~:'' · · ·l ,. ' ··: -., ~-; :~ .... ··r:i' ' ., __ .._~ -· · ~ . . · · ·;·~'- _· 'V' ,_.,_ . ' - , .

-"- ' ·· - '" " " Per-lfci'ii.'tr 1 J>er-:Da~'"j~' - ·· - · -... · -- _, -- -~- .. ,. - - ---~ - ... - · -~ ~ "

FW1 24.22 174.38 19.38 871.92 36.33 48.44 30.28 FW2 25.56 184.03 20.45 920.16 38.34 51.12 31.95 FW3 26.91 193.75 21.53 968.76 40.37 53.82 33.64 FW4 27.80 200.16 22.24 1,000.80 41.70 55.60 34.75 FW5 28.52 205.34 22.82 1,026.72 42.78 57.04 35.65 FW6 29.38 211.54 23.50 1,057.68 44.07 58.76 36.73 FW7 30.20 217.44 24.16 1,087.20 45.30 60.40 37.75 FW8 30.98 223.06 24.78 1;115.28 46.47 61.96 38.73

FWI FW2 FW3 FW4 FW5 FW6 FW7 FW8


24.83 178.78 19.86 893.88 26.20 188.64 20.96 943.20 27.58 198.58 22.06 992.88 28.50 205.20 22.80 1,026.00 29.23 210.46 23.38 1,052.28 30.11 216.79 24.09 1,083.96 30.96 222.91 24.77 1,114.56 31.75 228.60 25.40 1,143.00

37.25 39.30 41.37 42.75 43.85 45.17 46.44 47.63

' at«e:4t 49.66 31.04 52.40 32.75 55.16 34.48 57.00 35.63 58.46 36.54 60.22 37.64 61.92 38.70 63.50 39.69

March 2012 33 I!' a~ r•

532

Wagstaff Pili11g Ply Ltd a11d Employees I CFMEU Collective Agreeme11f

Rates applicable from first full pay period on or after l October 2012


',1 ~-)~j ~:~; r{f -:. -~-~~-~- ~:~~; ~[~~~-~~~ 'l)r~:~ : t;~' -~,~~-!Mt,~ -;~: '~~-· rt~~-J 'fi:: \ f·~~j-~>~~ 1; ~?:rr~~~ :~ ,.. ~~·~i~f: -~~] - ~~ ;,r -~ ~I •

d lassHication"' : nehifot'fi-t ., ti»er.'DiYf/: _i'·Q:s_lUio~; ·· 'ier~~ ·" · Ti ·::a "<J' noubttt ,:Casual" J'' '";-·?·- .. •.. ,....;· l ''~ ·;c'··,::· \ . ''L7.2H:oiirs?:''!: · A.ccr·u.~f ~ ··iioU.is . :.·:-"nan'····~· :·Tim~' ·~

FW1 26.04 187.49 20.83 937.44 39.06 52.08 32.55 FW2 27.48 197.86 21.98 989.28 41.22 54.96 34.35 FW3 28.93 208.30 23.14 1,041.48 43.40 57.86 36.16 FW4 29.89 215.21 23.91 1,076.04 44.84 59.78 37.36 FWS 30.66 220.75 24.53 1,103.76 45.99 61.32 38.33 FW6 31.58 227.38 25.26 · 1,136.88 47.37 63.16 39.48 FW7 32.47 233.78 25.98 1,168.92 48.71 64.94 40.59 FW8 33.30 239.76 26.64 1,198.80 49.95 66.60 41.63

Rates applicable from first full pay period on or after 1 October 2013

Marcll2012 34 1Ptt,tl e

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Rates appllcable from first full pay period on or after 1 March 2014

FW1 27.25 196.20 21.80 981.00 40.88 54.50 34.06 FW2 28.76 207.07 23.01 1,035.36 43.14 57.52 35.95 FW3 30.27 217.94 24.22 1,089.72 45.41 60.54 37.84 FW4 31.28 225.22 25.02 I 126.08 46.92 62.56 39.10 FW5 32.09 231.05 25.67 1,155.24 48.14 64.18 40.11 FW6 33.05 237.96 26.44 1 189.80 49.58 66.10 41.31 FW7 33.98 244.66 27.18 1,223.28 50.97 67.96 42.48 FW8 34.85 250.92 27.88 1,254.60 52.28 69.70 43.56

March 2012 35 1P a g c

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WagstaffPiling Pty Ltd and Employees I CFMEU Co/lectil'e Agreement

APPENDIXC

Exh·a Benefits and Provisions

NSW Productivity Allowance

The Company will pay a NSW productivity allowance of $3.00 per hour for each hour worked on site. This allowance shall be paid weekly for each hour worked.

To assist the Company in tendering for work on smaller projects, Employees may agree that this allowance be $ T.50 per hour for each hour worked on projects where the builder's package is less than $ 10 million.

This allowance will be paid in lieu of all special rates and multi-storey allowance as prescribed in the Award. The NSW Productivity Allowance will be paid for hours worked on site only, excluding time in the yard and inclement weather off site. This allowance shall not attract any premium or penalty

Piling Allowance

The Company will pay a piling I drilling allowance of $2.50 per hour for each hour worked.

In addition to the allowance above, where the Employer is engaged on a Commercial I Residential building work the business will pay an additional amount fi·om I March 2012 as follows;

Where the project value exceeds $100 Million an additional amount of$0.50 per hour worked shall be added to the Piling Allowance.

Where the project value exceeds $200 Million an additional amount of $1.00 per hour worked shaU be added to the Piling ADowance.

The Piling Allowance shall not attract any premium or penalty.

This allowance will be paid in lieu of all special rates and multi-storey allowance as prescribed in the Award. The piling allowance will be paid for hours worked on site only, excluding inclement weather off-site. This allowance will also be paid when directed to work in the yard to catTy out tasks specifically related to upcoming projects. This allowance 'shall not be paid for general maintenance work perfonned at the yard.

Superannuation Entitlement

The Company will contribute 9% of ordinary time earnings (whichever is the greater or the SGL requirement if greater) into Cbus. "Ordinary time earnings" means the actual ordinary rate of pay the Employee receives for ordinary hours of work and paid leave and includes an Employees hourly rate, fares allowance, any applicable company productivity site allowance and any other allowances or loadings prescribed by the BCGOA. In respect of any applicable company productivity I site allowance the 9% will apply for each 8 hours ordinaty time worked Monday to Friday. This percentage will increase if the Superannuation Guarantee rate is increased by legislation. All other provisions of the BCGOA shall apply.

March 2012 36 1 P a:?<'

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Wagstaff Pmng Pty Ltd and Emplayees I CFMEU Coflectrve Agreement

Redundancy Entitlement

The Company will contribute $75.00 (increasing to $80.00 from first full pay period on or after 1 October 2012 per week per Employee into the Australian Constmction Industry Redundancy Tmst (ACIRT).

To assist the Company tendering and securing work on smaller projects (i.e., where the builder's package is less than $10 million) Employees may agree to a reduced contribution of $47.00 (increasing to $50.00 from first full pay period on or after I October 2012 per week per Employee, subject to the t;>rovisions of: "Projects less than $10 million and Staged Projects.

Once an Employee has accrued an amount equal to 8 weeks pay in their ACIRT account, they may elect to have their redundancy contribution paid into Cbus as additional superannuation contributions.

Indush·y I Workers Welfare

As a demonstration of Employee commitment to the Cons!Iuction lndustty Dmg and Alcohol Foundation (CIDAF) referred to in Clause 12.8 of this Agreement, Employees agree that their redundancy contributions will be reduced by $2.00 per week ($73.00 per week) increasing to $3.00 per week ($77.00 per week) as at the first full pay period ou or after I October 2012.

This amount is to be fmwarded to the account held by the CIDAF in accordance with Clause 12.8 of this Agreement. '

This will apply to all Employees of the Company covered by this Agreement.

Additional Meal Allowance Provision

In lieu of the BCGOA meal allowance provision for overtime $16.00 shall be payable. This allowance shall increase to $18.00 from first full pay period on or after 1 March 2012, increasing to $20.00 from first full pay petiod on or. after 1 October 2012, increasing to $22.00 from first full pay period on or after 1 March 20 I 3. This allowance will also be in lieu of the first 20 minutes crib payable for overtime Monday to Friday found in the BCGOA. This amount shall replace the amount prescribed by the BCGOA and shall remain in force without variation for the duration of the Agreement.

Fares Allowance

The Company will pay a fares allowance of $27.00 per day for each day worked (including RDO's) increasing to_$29.00 per day per Employee from first full pay period on or after 1 October 2011 and to $30.00 per day per Employee from first full pay period on or after 1 March 20 12. This fares allowance is not payable where the Company provides an Employee with a fully serviced vehicle to travel to and from work. Fully serviced shall mean the Company will be responsible for the payment of all servicing, fuel, tyres, insurances, registration etc.

Distant Work

The Company shall provide Employees accommodation when required to work at a distant location and pay an allowance of $60.00 per night increasing to $65.00 per night from first full pay period on or after I October 20 12. The quality of the accommodation provided will be in accordance with the BCGOA.

March 2012 37 1 f' (I g ('

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County Boundaries

The County Boundaries for the purposes of clause 15 of this Agreement are as follows:

Boundary of the County of Cumbel'land

Pacific Ocean, Hawkesbury River, Nepean River, Cataract River, Cataract Creek and Woodlands Creek.

Boundary of the County of Camden

Woodlands Creek, Cataract Creek, Cataract River, Nepean River, Warragamba River, Wollondilly River, Uxingalla Creek, Joa1imina Creek, Shoalhaven River and Pacific Ocean.

Boundaries of the Counties of Northumberland and Camden and Cumberland

The areas bounded by llie intersecting points of the P acific Ocean, Hunter River (including Fullerton Cove and the North Channel), Wollombi Brook, Parsons Creek, Darkey Creek, Howes Valley Creek, Macdonald River, Hawkesbury River, Nepean River, Warragamba River, Wollondilly River, Uringalla Creek, Barkers Creek, Joarimina Creek, and the Shoalhaven River.

Inclement Weather

All Employees shall be available to clean up and I or de-water relevant work areas as directed following inclement weather where applicable.

Projects less than SlO million and Staged Protects

Where the builders project value is less than $10 million t)le flexibility provided for in this Agreement in respect of company productivity allowance and redundancy is subject to agreement with Employees. In such circumstances the agreement and details of the applicable project will be maintained by the Company. In the absence of records it will be assumed the project I builder's package was over $10 million.

This flexibility does not apply on projects built in stages except by agreement of the Employees of the Company and the.written agreement of the Secretary of the Union or nominee.

Protective Clothing

New Employees will be provided with two (2) long sleeve shirts and _two (2) pairs oflong pants.

Employees each year will also be issued with the option of two {2) sloppy joe's or one (1) jacket. This issue will be provided in April each year or to new Employees commencing between 1 April and 31 July.

First Aid

ln the case where Employees are operating plant unaccompanied, at a distance of more than one (1 ) kilometre fiom an established camp or depot or from the centre of opera tion of a gang to which they are attached, a suitable first aid kit shall be provided for the operator of each machine.

Compensation for clothes and tools trades persons and labourers

Where an Employee is absent from work because of illness or accident and has advised the Company in accordance with their obligations the Company shall ensure that the Employee's tools are securely stored during his/her absence.

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Wagstaff Piliug Pty Ltd and Employees I CFMEU Collective Agreement

March 2012 39 11' (/ ,:! ,.

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Wagstaff Piling Pty Ltd a11d Employees I CFMEU Collective Agreement

APPENDIXD

Leisure Days and Public Holidays Calendar 2012

Monday January' 2

ThUISday January 26 Friday January 27 Saturday January 28 Sunday Januaty 29 Monday February 27

Monday March 26

Friday April 6 Saturday April 7 Sunday April8 Monday April 9

Wednesday Apri/25 Thursday April 26

MoodayMay21

Saturday June 9 Sunday June 10 Monday June 11 Tuesday June 12

Monday July 16

Monday August 13

MondaySeptembo·JO

Saturday September 29 Sunday September 30 Monday October 1 Tuesday October 2

Monday November 5 Saturday December 1 Sunday December 2 Monday December 3 Tuesday December 4 Saturday December 22 Sunday December 23 Monday December 24 Tuesday December 25 Wednesday December 26

No Work Public Holiday No Wade Public Holiday RDO(fixed) No Work Saturday No Work Sunday

RDO (flexible)

RDO (flexible)

No Wotk Public Holiday No Work Saturday No Work Sunday No Work.Puhlic Holiday

No WorkPublicHoliday ROO (fleXIble)

RDO (flexible)

No Work Saturday No W01kSunday No W01kPublicHoliday RDO(fixed) RDO (flextble)

RDO (fleXible)

ROO (flexible)

No Wotk Saturday No Work Sunday No Work Public Holiday RDO(fixed)

RDO (fleXible)

No Work Saturday No Work Sunday No Woticlndu>try Picnic Day RDC? (fixed)

No WOlk Saturday No Work Sunday ROO (fixed) Chrisl!.nas Day Boxing Day

March 2012 40 II' It ,!.! ,.

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Leisure Days and Public Holidays Calendar 2013

Tuesday January 1 No Work Public Holiday

Saturday January 26 No Work Saturday Sunday January 27 No Work Sunday Monday January 28 No Work Public Holiday Tuesday January 29 RDO (fixed)

Monday Febmary 25 RDO (flexible)

Tinu"Sday March 28 RDO (fixed) Friday March 29 No WOik Public Holiday Saturday March 30 No Work Saturday Sunday March 31 No Work Sunday Monday April I No Work Public Holiday

Thurnday April25 No Wotk Public Holiday Friday April 26 RDO (fixed) Saturday April27 No Work Saturday Sunday April 28 No Work Sunday

Monday May 20 RDO (flexible)

Saturday June 8 No Work Saturday Sunday June 9 No Work Sunday Monday June 10 No Work Public Holiday Thesday June 11 RDO (fixed)

Monday July 15 ROO (flexible)

Monday August 12 RDO (flextble)

Monday September 9 RDO (flexible)

Saturday October 5 No Work Saturday Sunday October 6 No Work Sunday Monday October 7 NoW ode Public Holiday Tuesday October 8 RDO (fixed)

Monday November4 RDO (flexible)

Saturday November 30 No Work Saturday Sunday December l No Work Sunday Monday December 2 No Work Indusby Picnic Day Tuesday December 3 RDO (fixed) Wednesday December25 Christmas Day Thursday December 26 Boxing Day Friday December 27 RDO (flexible)

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540

Company I CFMEU Colfective Agreement

Leisure Davs and Public Holidays Calendar 2014

Wednesday January I No Work Public Holiday

Saturday January 25 No Work Saturday Sunday January 26 No Work Sunday

Monday January 27 No Work Public Holiday

Tuesday January 28 ROO (fixed)

Monday March 3 RDO (flextble)

Monday March 31 RDO (flexible)

Friday April 18 No Work Public Holiday No Saturday Apri119 Work Saturday Sunday April 20 No Work Sunday Monday April21 No Work Public Holiday Tuesday April 22 RDO (fixed)

Friday April 25 No Work Public Holiday

Monday May 26 RDO (flexible)

Saturday June 7 No Work Saturday Sunday June 8 No Work Sunday Monday June 9 No Work Public Holiday

Monday June 23 RDO (flexible)

Monday July 21 RDO (flexible)

Monday August 18 RDO (flexible)

Monday September 15 RDO (flexible)

Saturday October 4 No Work Saturday

Sunday October 5 No Work Sunday Monday October 6 No Work Public Holiday

Tuesday October 7 ROO (fixed)

Monday November 10 RDO (flexible)

Saturday November 29 No Work Saturday Sunday November 30 No Work Sunday No Work Monday December 1 Industry Picnic Day Tuesday December 2 RDO (fixed) Thursday December 25 Christmas Day Friday December 26 Boxing Day Saturday December 27 No Work Saturday Sunday December 28 No Work Sunday Monday December 29 RDO (fixed)

It is noted by the parties that the Leisure Days and Public Holiday Calendars may be subject to change. In such circumstance the industry parties e.g. CFMEU, MBA, will meet to detennine any variation

March 2012 421 1' "g ,.

541

Company I CFMEU Collective Agreement

APPENDIXE

Counse1Jing and Disciplinat·y Procedures/Termination of Employment

Counselling and Disciplinary Procedures

This procedure applies in respect of Employees at the conclusion of their probationary period. Upon commencement of employment an Employee will be advised of the following procedure. The procedure will apply in all cases where fonnal counselling and disciplinary action is necessary.

Perfm:mance I General Misconduct

In the event that an Employee fails to maintain satisfactory perfonnance levels in the case of general misconduct (e.g., lateness for work), the following counselling procedure will be applied. An Employee may elect at any step to have a Union delegate/representative or Union Organiser present.

Step 1-Verbal Waming/ Cou11se/liug The Company shall have a discussion with the Employee in which it will advise him I her of the problems that it believes exist. The Employee will then have the opportunity to respond to the allegations. If appropriate the Company will then:

• Remind the Employee of the procedures; • Issue a verbal first warning; • Advise the Employee of the standards of improvement required

Step 2- First Writte11 Wa1'11i11gl Improved Performance If the Employee fails to meet the standards of improvement iri accordance with Step I within a reasonable period of time, the Company shall have a further discussion with the Employee in which it will advise him I her of the problems that it believes exist. The Employee will then have the opportunity to respond to the allegations. If appropriate the Company will then issue a written waming detailing:

• The issues of concern; • The standards of improvement required

At the request of the Employee, copies of any written warnings will be given to the Company Union delegate/representative or Union Organiser.

Step 3- Fiual Written Wami11gl Improved PerfOrmance If the Employee fails to meet the standards of improvement in accordance with Step 2 within a reasonable period of time, the Company shall have a further discussion with the Employee in which it will advise him I her of the problems that it believes exist. The Employee will then have the opportunity to respond to the allegations. If appropriate the Company will then issue a final written warning detailing:

• The issues of concern; • The standards of improvement required; • That it is a final written warning and that failure to meet the standards of improvement stated

therein will lead to dismissal

The relevant Employee being counselled will be requested to sign a copy of the written warnings referred to in Step 2 and Step 3 of this clause.

Jam/GIJ' 2012 431 P a g t'

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' . •' i

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(

Company I CFMEU Collective Agreeme111

Revocation of Warning

If an Employee does not repeat the same offence which produced the need for the final warning within 12 ;nonths of the waming, the final warning advice becomes null and void cannot be considered grounds for termination.

Step 4-Dismissal If after receiving a final warning, the Employee repeats the same conduct within a period of 12 months, then the Employee may be tenninated.

If the Employee fails to meet agreed standards of improvement in accordance with Step 3 within a reasonable pe~iod of time, the Company shall have a further discussion with the Employee in which it will advise him I her of the problems that it believes exist. The Employee will have the opportunity to respond to the allegations. If appropriate the Company may then issue a written notice of dismissal in accordance with this Agreement detailing the reasons for the dismissal

Serious and Wilful Misconduct

In the case of serious and wilful misconduct (e.g. theft, assault), the following procedure will be followed:

The Company shall have a discussion with the Employee in which it will advise him I her of the alleged serious and wilful misconduct. The Employee shall be entitled to have a Union delegate/representative or Union Organiser in attendance and will have the opportunity to respond to the allegation. If approptiate the Company may then issue a written notice of dismissal detailing the reasons for the dismissal.

Commitment to Follow Procedure

The Company agrees that this procedure will be adhered to prior to te1mination of employment.

JamtaTJ' 2012 441 p (/ g c

543

' '


APPENDIXF

Salary Sacrifice Agreement For Superannuation

This Salary Sacrifice Agreement ("Agreement") is made on the date specified in the attached Schedule as the Date of Agreement.

PARTIES

The Company named and described in the Schedule as the Employer ("Company") AND The person named and described in the Schedule as the Employee ("Employee")

RECITALS

A

B. c.

D.

E.

The Company and the Employee entered into a contract of employment on or before the Date of Agreement. The Employee is entitled to a Gross Salary as specified and described in the Schedule. The Employee is entitled to bonuses, overtime, allowances, commission, compulsory superannuation benefits, annual and long service leave, severance, redundancy and sickness benefits, compensation payments and such other amounts that may be payable to the Employee ("Additional Entitlements"). The Employee is a member of the superannuation fund as specified and described in the Schedule ("Fund"). . The Company has offered and the Employee has accepted a salary sacrifice arrangement, to couunence from the Date of Commencement, as evidenced by the terms of this Agreement, under which the Employee has agreed to forego part of the Gross Salary in return for the Company providing benefi ts of a similar value.

OPERATIVE PROVISIONS

1.

2.

3.

4.

5.

"Gross Salary" in this context, means the gross annual income of the Employee on which Additional Entitlements are based before this Agreement is entered into and before any other salary sacrifice arrangements that may already be in existence before this Agreement is entered into. The Employee hereby authorises the Company and the Company agrees to provide the benefits in lieu of Gross Salary as specified in the Schedule ("Sacrificed Amount"). Notwithstanding clause 2, the Company agrees to calculate and pay Additional Entitlements to the Employee by reference to the Gross Salary. This Agreement is not intended to and must not affect presently existing entitlements to Gross Salary or to any other salary or remuneration arrangements in place between the Company and the Employee, including Additional Entitlements, as at the Date of Commencement. This Agreement will be reviewed on the review date specified in the Schedule and may only be varied by another written document.

EXECUTED as an Agreement

Signature FOR THE EMPLOYEE

Witness

Signature FOR THE COMPANY

Witness

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SCHEDULE

1. Date of Agreement :

2. Employer:

3. Employee:

4. Gross Salary :

5. Fund:

6. Date of Commencement :

7. Sacrificed Amount:

(a) Deductions from Gross Salaty

(i) $

(ii) $

or % payable to the Fund

payable by (other nominated arrangement)

(b) Deduction from Additional Entitlements

( i) $

(ii) $

8. Review Date :

or % from (Specific additional entitlement) payable to the Fund

payable by (other nominated an·angement)

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APPENDIXG

Drugs & Alcohol Safety Rehabilitation Program

1. PRINCIPLE

It is recognised that Employees affected by drugs and I or alcohol are a safety hazard to themselves and all other persons in the workplace.

2. PROGRAM FOCUS

The following mechanisms are recognised as being relevant to the implementation of the BTG Drug and Alcohol Program:

• Site safety and the involvement of the Project and /or Company occupational health and safety committee's

• Peer intelVention and support Rehabilitation of affected Employees

3. WORKPLACE POLICY

Outlined hereunder are the policy guidelines of the BTG Drug & Alcohol Safety Program

a) No Employee will consume drugs and/or alcohol during the work day inclusive of meal breaks.

b)

c)

d)

e)

g)

h)

A person who is dangerously affected by drugs and/or alcohol will not be allowed to work until that person can work in a safe manner. The decision on a person's ability to work in a safe manner will be made by the project safety committee or on projects with no safety committee, by a body of equal numbers of elected Employee/Company representatives. There will be no payment of lost time to a person unable to work in a safe manner due to 3(b) above. If an Employee is affected as outlined in 3(b} above he I she shall be given a warning and made aware of the availabili ty of treatment I counselling. If an Employee is affected by drugs and/or alcohol on two (2) more occasions he/she will be given a final warning. On each occasion the Employee will be encouraged to access drug and/or alcohol treatment I counselling services. If the Employee refuses help he/she may be transferred I dismissed at the discretion of the Company the next time he/she is affected by drugs and I or alcohol. For the purpose of disciplinary action a warning shall be effective for a period of 12 months from the date of issue. An Employee shall be entitled to sick leave where applicable or leave without pay while attending drug and/or alcohol treatment/counselling.

4. IMPLEMENTATION

To assist with the adoption and implementation with this Policy the Company will:

a) Clearly state its endorsement of the BTG Drug and Alcohol Program and comply with it b) Provide access at an agreed time and venue for a representative of the BTG Drug and

Alcohol/Safety Program to address a meetingls of Employees to discuss and endorse the Program.

b} Authorise the attendance of appropriate Company personnel e.g. safety delegate/officer, afety committee members, union delegate, consultative committee member/s to the two (2) hour BTG Drug and Alcohol Safety in the Workplace Training Course.

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Compa11y I CFMEU Collective Agreement

APPENDIXH

Authority to obtain details of work rights status from DIAC

EMPLOYEE DETAILS (As specified in passport or other identity document)

Family Name:

Given Name(s)

Other Name(s) used (eg maiden name)

Date of Birth : I I

Nationality:

. Passport Nwnber:

Visa Number:

Visa Expiry Date: __ I __ I _ _

1 authorize the Department of Immigration and Citizenship (DIAC) to release the details of my work rights status (that is, my entitlement to work legally in Australia) to the named employer I labour supplier and a representative of a principal contractor and authorized trade union officer on request.

I understand that these details are held by DIAC on departmental files and computer systems. I also understand that the employer I labour supplier will use this infonnation for the purposes of establishing my legal entitlement to work in Australia, and for no other purpose. I also understand that I allow release of my work rights for a period of three months from the date below.

Employee Signature:

Date: __ I _ _ I _ _

EMPLOYER I LABOUR SUPPLIER DETAILS

Business Name:

Business Street Address:

Type of Business:

Name of Contact Person:

Telephone:

Facsimile:

Note that the employee's work rights status will be sent directly to the facsimile number given above. Please ensure that this number is correct.

THE COMPLETED FORM SHOULD BE FAXED TO 1800 505 550

IF ALL DETAJLS MATCH WITH OUT RECORDS, THE EMPLOYEE'S WORK RIGHTS STATUS WILL BE FAXED TO YOU WITHIN ONE WORKING DAY.

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