[2012] FWAA 2975

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

Carl Voigt (AG2012/932)

PILING CONTRACTORS PTY LTD - NSW ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries

FAIR WORK

AUSTRALIA

COMMISSIONER CARGILL SYDNEY, 10 APRIL 2012

Application for approval of the Piling Contractors Pty Ltd-NSW Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Piling Contractors Pty Ltd - NSW Enterprise Agreement 2011-2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mr Carl Voigt on behalf of Piling Contractors Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.l86, 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.l83 ofthe 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 17 April2012. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer <Price code G, AE893007 PR522139>

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Piling Contractors Pty Ltd ~ NSW

Enterprise Agreement 2011- 2014

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Pifing Contractors Pty Ltd I CFMEU Collective Agreement

Contents J. TI'f LE .......... ................... , ......................... ................ ........................................... ..... , ................... 3 2. DEFINITIONS .................................................................................... ..... .................................. 3 3. PARTIES AND P ERSONS BOUND AND COVERED ........................................ .-...... ........ 3 4. INCO:RPORATION OF A WARD PROVISIONS ................ : ................................................. 3 5, DlJRATlQN OF THE AGREEMENT ttt tHt tt••• • t u tte tt,.Ht tttnrl+ltHU t tttUttt t t t tttttt ltttutut t U t t tttH.,ot f • 4 6, E'MPLOYEE AWARENESS tfUt .. t4 tt tUt H ttttttUtttttttt.,U t ttUtUIIfHtttt.HH,Ittttlttt t • t t ttt+•uuo•oottU•t 1HolltUI 4 7. MINIMUM STANDARDS AND NO DISADVANTAGE ... ............... .............................. ...... 4 8. NO EXTRA ClAIMS ........................................................................................... , ................... 4 9. C01\1PANY CONSULTATIVE COMMITTEE .................................... ....... ......................... . 5 10. OBJECTIVES ............... .................................................................. , .......... ................................ 5 11. PROTECTIVE CLOTIDNG .......... ...... ............................ ........................................................ 6 12. WAGE RATES AND OTHElt EMPLOYMENT BENEFITS .............................................. 7 13. TERMS OF El\1PLOYMENT .................................................................................................... 9 14. PAYMENTOFWAGES ......................................................................................................... 10 15. TRA VEL .................................................................................................. u .. . ......... ...... .............. ._ 12 16. INCLEMENT WEATHER ........ ......................................................... . ; .................................. l2 17. TRAINING AND RELATED MATTERS ............................................................................ 13 18. ANNUALLEAVE ..... .................................. ........ ....... ............................................................. 13 19. PERSONALLEAVE ............................................................................................................... 17 2·0, P .ARENTAL l.EA VE ................................... , ........................................... 4 • •• • •••• •••••• • , • • , . . ..... . .... 18 21. COMPASSIONATE LEAVE ................................................................................................. 19 22. JURY SERVICE .................................................................................... .................................. 19 23. CASUAL LABO'UR ..... 4 ......... 4 ... . ... ... .......... . ............. . ......... . . . . . ... .. . ........................................... 19 24. ElYflJLOYMENT SECURITY, STAFFING, RECRUITMENT AND REPLACEMENT LABOUR .......................... ................................................................................................................ 20 25. COMPLIANCE ........................................................................................................ "' .... w ...... 20 26. DISPUTE RESOLUTION PROCEDURE ............................................................................ 21 27. OCCUPATIONAL HEALTH AND SAFETY .......................................................... w .......... 22 28. CO IMP ANY DRUG AND ALCOHOL POLICY .................................................................. 22 29. HOURS OF WORK/ ROSTERED DAYS OFF ............. ...................................................... 23 30. LONG SERVICE LEAVE, ... , .... , ........................................... ., ..................................... u., ....... 25 31. PICNIC DAY ................................................................. Uttt ttt tt t tt ..... ........ ,. • • ••••• ••• •• , ......... ....... . 25 34. COUNSELLING AND DISCIPLINARY PROCEDURES ................................................. 27 36. SEVERABILITY ........................................ ,,,.,.,,, ................ , .. ,, .. , ................. ...................... ..... 28 37, IMMIGRATION COMPLJANCE.,".,,,., ...................................................... ,., .. , ................... 28 38. APPLICATION OF APPENDICES ...................................................................................... 28 39. ENDORSEMENT OF THE AGREEMENT ................... ....... ..................... .. ........................ 29 APPENDIX A ... .. ...... .. ............... ......... ............ ........................................ ..................... .. ................ ... 30 Discrimination and Sexu11l Hlll'assment ... ... ...................... ............. .................. ... ........ ....... ..... ...... 30 APPE NDIX B ............. .. ............ ............ .... .. ...... ....... ............. .. .... .......... .................................... ........ 31 Ag1'ccment Classification Sh·ucture ........................ ......... .......................... ...... ........................... ... 31 APPENDIX C ............. ............... ....... ... .... ......... .... ............. .... ... ..... ....... .. .... ... ... .. ......... .......... ........... 35 Exh·a Benefits and Pt·ovisions .. ................................ ........ ...... ............ ... .......... .................. ..... ...... ... 35 APPENDIX D ............ .......... ....... ...... .......... .. ......... .............. ................. ...... ... .... ... ... .......... .... ........ ... 40 Leisu1·c D11ys and Public Holidays Calcnda1· 2012 ....... ....... ............ ......... ................................ ... 40 APPE NDIX E ..... ..... ..... .......... .... ............. ... .................. ..... ..... ........................... ............ ......... .......... 43 Counselling and Disciplinnry P•·ocedures/Terminn tiou of Employment ............ ............. ........... 43 APPENDIX F ...................... ............. ....... ... .... ............ .............. ........................ ................. .. .... ...... ... 45 Salnry SacrUice Agr eement For Superannuation ... ...... ................................... ..... .......... ..... ........ . 45 APPENDIX G ................................ : ......... ..... .. ...... ............................. ...... .... ..... .......... ...... ....... ........ 47 Drugs & Alcohol Safety Reh11bilitation Pl'ogt·am ............ ..... ................. ..... .................. ................ 47 APPENDIXH .... ....... ..... ............ .. ........... ........ .................... ....... ........................ ...... ..... .... .. ........... .. 48 Authority to obtnin dehtils of work rights s tatus from DIAC ............ .. ............. ........ ... .... .. ....... .. 48

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Piling Contractors Pty Ltd I CFMEU Collective Agreement

1. TITLE

This Enterprise Agreement shall be Jcnown as the:

Piling Contractors Pty Ltd- NSW Enterprise Agreement 2011 -2014.

2. DEFINITIONS

Tile Company: Piling Contractors Pty Ltd (hereinafter refened to as "the Company")

Address: 3 /33 Ryde Road, PYMBLE NSW 2073

Telephone: 02 9499 7700 Facsimile: 02 9496 8888

BCGOA:

Union:

Building and Construction Gene1·al On-site Award 20 l 0 (hereinafter refe1·red to as "BCGON')

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

Tile Ag1·eemcnt: Piling Contractors Pty Ltd- NSW Enterpl'iseAgreement20ll- 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 aU of its field Employees engaged in building and construction and related work as defined by the Award and I or similar related work on civil sites within New So11th Wales.

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

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

4. INCORPORATION OF AWARD PROVISIONS

a) . The terms 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 fllll herein and shall be binding upon the pal'ties during the currency of the Agreement, by operation of this Agreement.

b) In the event of any inconsistency between tne terms and conditions of the BCGOA which are incorporated into this agreement by operation of (a) above and any other express provision of this Agreement, the express provisions of this Agreement shall prevail to the extent of such inconsistency, unless 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 oflodgement. The Agreemenl shall remain in force until 30 June 2014.

This Ag1·eement shall continue to ajJply beyond its nominal expiry date until replaced by another agreement or cancelled by one ofthe parties.

No late1· than tlu·ee (3) mo11ths 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 8176 ofthe 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 theil' 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 pruties 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 wiJJ be convened at a date, time and location mutuaHy convenient to the Compruty and the Bru-gaining Representative.

6. EMPWYEEAWARENESS

The Company must ensure that copies of tbis Agreement, the BCGOA and the NBS are available to all Employees to whom they apply (whether in hard copy or through elecb·onic 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 futul'e 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 ca·use any overall reduction in rates and conditions as would otherwise apply tmder t!;te BCGOA, or in standards conceming pru·entalleave, teJ'mination change and redundancy, standard hours ofwork, annualleave·or long service leave.

Al'ising fi·om the implementation ofthls Agreement, no Employee will suffel' a disadvantage in respect of rates of pay and conditions of employment.

8, NO EXTRA CLAlMS

It is a term ofthis Agreement that the Company, Employees and the Union signatory to this Agreement will not pursue any further claims during its pel'lod of operation in regru·d to 11ny 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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Piling Contractors Pty Lrd I CFMI!:U Collective Agreemellf

However the parties acknowledge some projects may have site specific agreements which presc!'ibe special conditions. Where sucl1 agreements are contractually applicable and I or formally approved by the relevant jndtJstrial tribunal and the project agreement pl'ovides 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

TI1e 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 tlp 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 fl'Om management aud tluee from the site workforce.

The principle purpose ofthis Committee will be to:

a) Monitor the implementation of the terms of this Agreement b) Facilitate the process of workplace reform through consultation c) Ensme Employees are pl'operly 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 ofreshictive 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. OBJECTNES

This Agreement has the following objectives

a) To provide a cult me for change b) To provide Employees with secUI'e jobs with an opportunity to fully utilise existing and new

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

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Piling Conlractors Pty L((f I CFMEU Collective Agreement

f) To organise Company structures and job design to maximise the Company competitiveness g) To promote investor confidence and client satisfaction thro11gh improved efficiency, quality

of work and performance l1) To pursue the implementation of quality assumnce and a total quality system i) To create a dispute fi'ee environment through consultation and conunon purpose j) To maintain and enhance Company occupational health and safety petformance k) To eliminate discrimination and sexual harassment (See Appendix A) I) To encourage affinnative action the Company will seek to where possible employ

indigenous Australians, women and piling new entt·ants. m) To provide opp01tunities for injured Employees through rehabilitation. u) To pay Employees fait· 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 ifrequil'ed.

Following the expiration of 152 ot·dinru.y homs 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 mannet·, so as to display a professional Company image.

The shirts, trousers, jackets, footwear etc. and P.P.E. supplied, needs to maximise protection :fi·om all elements and hazards including but not limited 1o visibility, sun, weather, dilt, cut and abrasions, direct and indirect sources of heat, sparks and or elect1·ical 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 fo1· the conditions of the work envirorunent and sl1all can·y the appropriate standards and fabric composition on the labelling.

The relevant Standards are as follows:

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

Clothing shall also carry a usage label

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

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Piling Contractors Pty Ltd I CJi'MEU Collective Agreement

The Occupational Health and Safely Regulation200l, clause 47, places an obligation on the Company to ensure that:

(a) adequate ventilation and 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 p1·otection will be supplied where required.

rt 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 waming(s) b ) Written warning c ) Eigllt (8) hours suspension- without pay d ) Thirty six (36) hours suspension- without pay c ) Employment terminated

This disciplinary procedure will not be unreasonably applied. The Union recoguises 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 disciplh1ary procedme.

12. WAGE RATES AND OTHER EMPLOYMENT BENEFITS

In recognition of the efficiencies and pl'oductivity measmes contained herein the following increEISeS shall be available to Employees covered by this Agreement.

12.1 Wage Rates

Employees, except Apprentices, will be paid in accordance with the clEISsification structme 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 AUowance

In retutn for compliance with tb.e provisions of1his Agreement, a NSW pl'Odnctivity allowance will be paid to all Employees covered by this Agreement. This aiiowance will be paid weekly for each hmu· worked and in accordance witb Clause 30 oftl1is Agreement, at11·acting 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 pr~mium or penalty and remain in force fm the duration of the Agreement. Any agreed valiation wi11 be recorded in correspondence by the pat·tles 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 allowance payable after two hours ove1time work found in the Award.

12.3 Redundancy

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

In respect of redundancy benefits:

a) The Company, agrees to make J'edundancy contributions in respect of Employees covered by this Agreement to the Ausb·alian 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 Tt·ust.

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

i) the amount payable by the Company to ACJRT in accordance with this Agreement or ii) tl1e amount prescl'ibed by the BCGOA and/or iii) any amount prescribed or awarded by a relevant industrial triblmal

Where there is a higher entitlement 1mder (b) ii) and m· (b) iii) of this clause the Employee will be paid direct this entitlement on termination minus the balance that has already been paid into ACIRT by the Company for this period of employment.

12.4 Superannuation

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

The Company shall make superannuation payments monthly into Cbus or other agreed scheme between the pa1'ties to this Agreement in accordance with Appendix C ofthis Agreement.

All superammation 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 Salary Sacrifice Agreement, contained in Appendix F of this Agreement, when making arrangements with the Company for salary sacrifice. Any arrangement or agt·eement for salary sacrifice wiU not affect or reduce an Employee's Clll'fent or future entitlement in terms of Superannuation Guarantee, ammal leave, leave loading, overtime penalty rates, long service, redundancy, sickness benefits, workers compensation or any other accmal or entitlement. Such current entitlements will continue to accrue at current homly gross rates. Any future wage, salary increase, accrual or entitlements including Superannuation Guarantee will be based on gross rates of pay.

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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 terms, conditions and benefits provided by the insurance policy must be equal or better, than that provided by "U-Plus".

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

For the purposes of this clause "Workcover Top-Up Insurance" refers to additional lump sum payments for death and permanent injUiy as awarded under tl1e NSW Workers Compensation Act.

12.6 Worl~ers Compensation

For the purposes of Sec!ion42 of the Workers Compensation Act 1987, the ordinary rate of pay shall be the hourly •-ate in Appendix B plu~ the Company PI'Oductivity Allowance prescribed in Appendix C, Other allowances e.g. fa~·es, meal etc are not payable.

12.7 Security of Entitlements under this Ag1·ecment

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 Agr·eement or;

b) If at any time the Company is being or has been placed into administration (voluntat·y or othe1wise) 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 contl'actor of entitlements and remuneration owed to Employees, directly to, or for the benefrt of, the Employees.

12.8 Industry I Worlcel's Welfare

The Company shall contribute a weekly amount for each Employee covered by this Agreement in accordance with Appendix C of tllis ·Agreement to an account held by "The Construction lndustry Drug and Alcohol Foundation" (CIDAF), to assist with the provision of Employee drug, alcohol and gambling rehabilitation and txeatment 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 ofthe following month (ie. Janumy must be received by 14 Febmaty).

13. TERMS OF EMPLOYMENT

13.1 Engagement

All prospective Employees shall be required to fill out the Company pre-employment application form and may be required to undertake a pre-employment medical examination. Parties ag•·ee that new Employees shall be subject ton probationat·y period of26 weeks.

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13.2 Redundancy

The parties agree that in the spirit of this Agreement, termination of employment will be consistent with the objectives and goals of the Company and the workforce. Termination of employment shall be decided on, but not limited to, issues such as skills aud ability, diligence, experience, length of service with the Company and anticipated skills and fllture labour requirements Employees will be consulted and advised in respect of what critel'ia is used to determine redundancies prior to making Employees redundant.

When redundancies are deemed necessary there will be appropliate consultation with the workforce and relevant Union delegate(s) and Company Constlltative Committee prior to redundancies taking place. The Company should wherevet· possible seek voluntary redundancies.

The Company will ensure that selection of Employees will be done fail'ly and in accordance to the established cl'iteria.

Where the need for redundancies is disputed, the Company will meet with tl1e signatory Union where the affected Employee(s) so choose to provide verification.

13.3 Resignation I Tel'mination

When an Employee leaves of their own accord, their tetmination pay will be banked into thell' account at the end of the next pay period. Where the Company terminates an Employee, termhmtion pay will be paid by cheque or· through electronic funds transfer into the Employee bank accmmt as per tl1e 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 fm superannuation, redundancy and I or any other allowances presctibed by this Agreement shall not be applicable for the notice pel'lod where notice is not worked.

14. PAYMENTOFWAGES

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 t•equests 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 iu accordance witl1 clause 26-Disputes resolution pmcedure of this Agreement.

c) Payments shall be paid and available to the Employee uot later than the cessation of ordinary homs of work on Thursday of euch worldng week.

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d) [n any week in which a l101iday falls on a Thursday or Friday, wages accrued shall be paid on the previous Wednesday. Nothing shall prevent any alternative 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 wjthout 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 ofthe Company), shall be paid at overtime rates after that quarter-hom· with a minimum of a quarter of an hom·, 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 tl1e Employee at the time payment is made, and shall contain the following information:

• • • • • • •

• • • •

• • •

• • • • • •

•

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 ordinary hourly rate; the ntunbe!' of hours employed in the period at the ordinaty rate; the amount ofthe payment made atihe ordinaty rate; any overtime rates; the number of hours el'nployed at the overtime rates; the amount of the payment at ove1time rates; any allowances, special rates ot· othel' separately identifiable entitlement not included in the hmu·ly rate paid and the nature thereof; the gross amount of the payment; the net amotmt of the payment; the amount and purpose of any deductions made; the name, or the name and number'ofthe 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 supel'annuation contributions were made and the Employee number; the Employees long service leave registration number; aruma! holiday payments; atmual leave accrued hours; payment due on termination, including payment for annual leave, l'ostered day off accumulation, and public holidays; and rostered day off accrued hours

When notice is given in accordance with this Agreement all monies due to the Employee shall be paid at the time of termination. Where this is not pl'acticable, the Company shall have two working days to send monies due to the Employee by registered post (or where paid by EFT 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 wailing time shall terminate.

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Pifing Contmctors Pry Ltd I CFMEU Collective Agreement

15. TRAVEL

Employees are entitled to payment of the daily fares allowance of this Agreement 1or 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 com1ty boundaries is also in Appendix C.

The parties recognise that there is a need for more flexible tt·avel provisions for pmjects located · outside the counties of Cumberland, Northumberland, Camden and radial boundary areas. In an effmt 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 pruties agree that Employees may be required to tt·avel to projects located outside the boundaries (as stated above) up to 50 km from their place of residence without incmTing the excess fares and travelling allowance.

The excess fares and tmvel allowance will not apply to Employees wl1o reside in the local region where the Employee is locally engaged on a Company project but maintains a sepat·ate place of residence from that recorded on the Employee job application f01m.

Employees covered by this Agreement shall be paid the fares and travel allowance provided for in Appendix C of this Agreement in lieu of1he fares and tmvelling allowance in the BCGOA. This rate shall be paid for days wmked (including ROO's) and shall remain in force without vadation for the dmation of the Agreement.

All other BCGOA conditions shall apply.

16. lNCLEMENTWEATHER

The pat'ties agree that should any site and for section of a site be affected by inclement weather which shall mean the existence of rain or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like or at1y 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 transferred to anothel' section of that site, or another site, for productive work.

The patties agree that inclement weather does not automatically create tmsafe 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. FurtheJ', the patties unde1take 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 stt·nctlu·e 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 sldll development, production I upgrade of skill modules, OH&S trainlng presentation and participation in learning, plmming 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 weathe1·.

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

e) If it is necessa1y to wallc th.t·ol1gh inclement areas In order to get to agreed working areas and considering safe work practices, appropl'iate protection will be provided.

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

g) Should a portion ofthe 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 MA TIERS

17.1 The parties recognise that in order to Increase the efflciency and productivity of the Company a commitment to stluctured training and skill development is required.

Accordingly the Company agrees to:

a) Provide Employees with the paid opportunity to acquire additional skills through appropt·iately structmed training based on nationally endorsed competency standards and cuniculum 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 ofappropliate tralrrlng 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 Committee or arlslng f1·om workforce consultation. The Company will not be requested to meet the costs of training undettaken by Employees which is not approved.

18. ANNUAL LEAVE

In addition to the pl'Ovisions of the National Employment Standards (NBS) and the BCGOA the following shaiJ apply.

18.1 Period of leave

I 8.1.1 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 bt: given and taken !IS

leave annually to all Employees, other than casual Employees, after twelve months' continuous sel'vice (less the period of annual leave) with tl1e Company.

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18.1.2 Where a rostered 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 shal1 be made in addition to the annual leave payment prescribed in 18.7 hereof:

18.2 Method of taldng ler~ve

18.2.1 Either 20 days, ot• two separate periods of not less 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 ofll 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 i-equest shall not be umeasonably refused. In the event of lack of agreement between the Company and the Employees the matter shaH be dealt with in accordance with clause 26, Dispute Resolution Pmcedure, of this Agreement.

18.2.3 ln 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 majority 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 1 8.2. 1 hereof.

18.2.4 Where mmualleave 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 ofthe Company and Employees, parties to this Agreement, shall meet not later than 31 October in each year in order to fix the commencing at1d finishing dates for the following Christmas -New Year period of leave.

18.2.5 Where no agreement can be reached between U1e representatives pmsuaot 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 dne 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 ftuther annual leave shall not commence until the expiration of twelve months in l'espect of which the leave so allowed was taken.

18.3.2 WheJ'e the Company has allowed an Employee to take annual leave plU'suant to 18.3.1 hereof and the Employee's services are terminated (by whatsoevel' cause) prior to the Employee completing the twelve months' continuous service for which leave was allowed in advance, th{j Company may for each complete week of the qualifying period of twelve months not served by the Employee, deduct from wl1atever remuneration is payable upon the termination of the employment one-fifty second of the amount ofwages paid ou account of tb.e a1mual leave.

18.3 .3 Notwi1hstanding anything contained in this subclause an Employee who has worked for twelve months irr the indush~y with a number of different Companies withm1t taking annual leave, shall be entitled to take annual -leave and be paid one- twelfth of an ordina1y week's wages in respect of each completed 36 hours of continuous service with the cuiTent Company.

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18.4 Pmportionate leave on tenninntlou

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 (exc!udh1g ove•·time) and clause 34 of tho 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 lrt respect of each completed five working clays of continuo11s service with the cmrent Company for which leave has not been granted or paid for in accordance with this Agreement.

18.5 Brol~;en service

18.5.1 Where an Employee breaks continuity of service by an absence fi·om 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 pa1t thereof during which any such absence occurs, and the amount of payment in lieu of leave to which the Employee would have been entitled unde•· 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 fomteen days of the termination of the absence.

18.6 CalculRtlon of continuous service

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

18.6.1 Annual leave, pet'Sonalleave or parental leave;

18.6.2 Illness or accident up to a maximum offOUI' weeks after the expiration of paid sick leave;

18.6.3 Jury set'Vice;

18.6.4 Injmy received during the course of employment and up to a maximum of 26 weeks for which the Employee received wo•·ker's compensation;

18.6.5 Where called up for military service for up to tlu·ee months in any qualifylngpel'iod;

18.6.6 Long service leave;

18.6.7 Any J'eason satisfactory to the Company or in the event of a disp\tte in accordance with clause 26 Dispute Resolution Procedure of this Agreement. Provided that the reason shall not be deemed satisfactory unless the Employee ltas infmmed 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 pel'iod of leave Each Employee, before going on annual leave, mllSt be·paid, in advance, the amount which they would have received for working ordinary time ho1ll's 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 mtes loadings and allowances presct·ibed by:

a) Clause 12.1 Wage rates and remuneration and Appendix B oftbis Agreement. b) Appendix G-- Fares allowance of tills 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 tet·mination.

18.7 .3 Instead of the payment in respect of annual leave 1 oading provided for in clause 18.7 .2, an Employee who would have worked on shiftwo1'k had they not been on leave and where the Employee would have received shift loadings prescl'ibed by clause 34 Shiftwork of the BCGOA, had they not been on leave. during the relevant period and such loadings would have entitled thein 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 ofthe l7.5%Joading.

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:

18.8.1 (a) stand down without pay during the period of leave any Employee wl10 has not yet qualified under 18.1 hereof, or

18.8 .1 (b) stand down fOI' 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·twtJifth 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 theit• establishment at the Christmas- New Year pel'iod for the purpose of giving the whole of the ammalleave due to all, or the majority of their Employees then qualified for such leave, the Company shall give Rt least two months' notice to their Employees of their intention so to do.

18.9 Commencement oflenvc distant jobs

lf an Employee is still engaged on a distant job when annual leave is granted and the Employee retnms to the place of engagement, or if employed prior to going to country work the place regarded as the Company's headquarters, 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 P1·ohibition of alternative nrrangements

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, armngement, or agreement shall annul, vary or vitiate the provisions of this clause whether entered into before or afte1' the commencement of this Agreement.

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

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P!l!ng Contractors Ply Ltd I CFMEU Collective Agreement

Subject to clause four (4) ofthis Agreement all other Award conditions, shall apply.

19. PERSONAL LEAVE

The pmvisions ofthls clause apply to Employees other than casuals.

19.1 Amount of paid personal leave

19. I.l Paid pet·sonalleave will be available to an EmJJioyee when they are absent due to:

• personal iUness or injmy (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 amm111t of personal leave to which an Employee is entitled is as fo!lows:

19. 1.2 One day a month for the first ten calendat· months shall be available for sick leave in tlte first year of employment and a fmther 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 yeat·, which subject to 19.3.8 hereof, shall commence on the anniversary of engagement. In addition, a further two days of compassionate leave shall also be available in the Employee's second and each subsequent year,

19.1.3 In any year unused sick leave accrues at the Tate of the lesser of:

19.1.3 (a) ten days less the total amount of sick leave and care1~s leave taken from the current year's personal leave entitlement in that year; OJ'

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

19,2 Immediate family 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 citllCr:

19.2.1 (a) a membet· ofthe Employee's immediate f1:1mily; or

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

19.2.2 The term immediate family includes:

19.2.2 (a) a spouse, de facto partner, child, parent, gt·andparent, 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 Sicl( leave

193.1 An Employee during the first year of employment with the Company shall be entitled to use pel'sonal leave as sick leave, on account of personal illness or i~ury other than that covered by workers compensation, at the rate of one day at the beginning of each of tbe first ten calendar months.

19.3.2 Provided that an Employee who has completed one year of continuous employment shall be credited with a fmther ten days sick leave entitlement at the beginning of the Employee's second and subsequent year, which subject to 19.3.8 hereof, shat1 commence on the anniversary of engagement.

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

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

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

19.3.6 ln 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 ifil1 the year the Employee has already been allowe~ paid Sick Leave on two occasions for one day only, shall not be entitled to paJineilt 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 iqjllly. 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 m1claimed balance of sick leave shall continue from the date of re-engagmilent. In such case the Employee's next year of service will commence after a total of twelve months has been served 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 p1'cvious pel'iod of emploJinent, 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.

After 12 months of contimJOllS employment, an Employee ( otl1e!' tl1an 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.

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Zl. COMPASSIONATELEAW

This clause is intended to st1mmarise the NES entitlement and shall not over-ride the NBS.

Employees (other than a casual) will be entitled to two days paid leave at the ordina1y 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 tlu·eat to his or her life or .5ustains a personal lnjury that poses a serious threat to his or her life. Further unpaid Jeave may be granted. The Employee will provide the Company with substantiating documentation if requested.

22. JURY SERVICE

ln respect of Jury Service the following shall apply.

a) An Employee required to attend for jUI'y service shall be entitled to have the Employees pay made up by the Company to equal the ordinary pay as for eigl1t hours (inclusive of accrued entitlements prescribed by clauses 29 of this Agreement) per day pius fares whilst meeting this requirement. The Employee shall give the Company JJroof of such attendance and the amount received in respect of suchjmy service,

b) An Employee shall 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 of homs to be worked, and the relevant Jate of pay.

A casual Employee shall be entitled to all the applicable mtes and conditions of employment prescribed in this Agt'eement 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 tlu·ee months shall not be a cas\lal Employee and shall be entitled to all the conditions of a permanent Employee. However, ti.J.e Company shall have the right to extend the three month casual period by a fmiher 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 umeasonably refused by the Company, where positions are available.

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 iu this Agreement.

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

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

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Pllilrg Contractors Pty Ltd I CFMEU Colfecave Agreement

Where the relevant penalty rate is time and uhalfthe Employee shall be paid 175 percent of the houl'ly rate prescribed in this Agreement for the Employee's classification and wl1ere the relevant penalty rate is double time the Employee shall be paid 225 percent of the hourly rate prescribed in this Agreement Employee's classification. A casual Employee 1·equired to work on a public holiday shall be paid 275 percent of the hourly rate prescribed in this Agt-eement for the Employees classification.

Termination of all casual employment shall require one hom•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 labom· hire may affect the job secm'ity of Employees covered by this Agreement.

24.1 Use of Contn\ctol's

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 tlus Agreement.

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

24.2 Supplementary Labour Hir'e

Where there is a need for supplementary labour to meet temporary/peak work requirements, such labom may be accessed ti"om 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 supplementruy I labour hire ruTangement are being paid in accordance with their legal and statutory entitlements.

In addition, no existing employee of the Company shall have their position displaced by the t1se of supplementary labour hire.

25. COMPLIANCE

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

If the Company is identified as being in minor I technical default with this Agreement 11nd/or statutory obligations (e.g. under payment or nonpayment of an entitlement) there wltl be no stoppage of work whilst this audit is proceeding.

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lf the Company is identified as paying an 'all-in' rate it will pay the 'aU-in' rate being paid to all Employees on that site plus all conditions ofthis Agreement for job duration. An "aU-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 Agteement, 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 dght has been breached), the parties to the dispute wlll attempt to resolve the dispute at the workplace level. Where such disctJssions do not resolve the dispute the pat1ies wlll attempt to resolve the dispute by fmiher 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 rep!'esent 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 mTange further discussions involving more seniot· management as appropriate.

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

e) h1 order to facilitate the resolution of concerns or disputes:

• The p<uiy with the concern or dispute must notify the other party at the earliest opportunity ofthe 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 val'iolls 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 ait·eed between the parties that in the settlement of a dispute where it is identified that the Company is in minor 1 technicul 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

f) Patties to a dispute may appoint a person or organisation of their choosing to represent them in the dispute settlement process. In tile absence of any express appointment to the contraty, Union members shall be represented by their Union at all stages of the dispute settleJnent process. TI1e Company agrees to engage with the Union in good faith for 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 undet· the terms of this dispute resolution procedure provided however this clause shall not be constmed as providing any rights which are inconsistent with s 194 (f) or (g) ofthe Fair Work Act.

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

• the dispute catmot be resolved at the workplace level; or • the dispute is not being progressed in a timely manner; or

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• there are aspects ofthe 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.

h) FWA may deal w1th the dispute 11sing 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 FWA. lfthe dispute remains unresolved, FWA may settle the dispute hy arbitration

i) S\tbject to subclause j) below, a decision of FW A under this dispute resolution procedure will bind the patiies.

j) Notwithstanding subclause I) above, either party may exercise a l'ight of appeal against the decision to a Full Bench

k) Clause 9. 7 Dispute Resolution Procedure Training Leave of the Building and Constmction 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 wll! 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 1·elocated to safe work areas whilst rectification work is being carried 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 WI-IS Committee and Company wiJI 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.

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

The Company will ens\U'e all Employees complete the Wot•kCover accredited Occupational Health and Safety lnduction Course.

28. COMPANY DRUG AND ALCOHOL POLICY

Under no circumstru1ces wHl any Employee affected by alcohol and I or affected by any other drug be permitted to work and I or operate any equipment on Company projects.

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If an Employee is affected by alcohol or any othe1· drug and is sent home to recover, he I she will not be paid for the lost time. Incidents concerning drug Ol' alcohol shall be dealt wlth in accordance with the Company's existing dmg and alcohol policy or where such a policy does not already exist, the Building Trades Group {BTG) of Unions Drug and Alcohol Safety Rehabilitation Program. A copy of this program is attached hereto in Appendix G.

The parties agree that no alcohol I drugs will be pennitted on Company project~.

If there is a requirement to vary this program it will occur followil1g consultation between the parties.

There wlll be approp1iate consultation between the parties in respect of a Company dt·ug and alcohol policy where not ah·eady implemented.

29. HOURS OF WORK I ROSTERED ])A YS OFF

29.1 Hours ofWol'l[

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

Work will be pcrfonned between 6.00 am and 6.00 pm. Where agreement is reached with relevant Employees, a 5.00am sta11 may be introduced (with subsequent meat 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 homs per day Monday to Friday with 0.8 of an hour pe1· day accruing for rostered days off (RDO's) and OJ' the paid Saturdays referred to in this clause.

The following is agreed in respect of mstered days off:

i.) St1bject to 29.2 (v), agreement shall be reached by the Company aud Employees as to which day shall be taken as a rosfered day off when such entitlement is due. The fares entitlement oftilis agreement is applicable on RDO's. It is agreed a Company roster may apply.

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

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

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

v.) It is recognised that there is merit in programming no work on the RDO's adjacent to public holiday weekends dming the working yeat·. This wiH allow the management and Employees of the Company to have quality paid leistue time. Work is prohibited on the following public holidays, weekends and agreed RDO's adjacent to Australia Day, Easte1· Friday, Easter Saturday, Easter SlUlday, Easte1· Monday, Anzac Day, Queens Bi1ihday, Labmn· Day and Industry Picnic Day.

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Piling Col1fmctors Pty Ltd I CFMEU Collective AgreemenT

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 tmdertaken on the No Work weekends and adjacent fixed RDO'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 RDO 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 Leism·e Days and Public Holidays calendar. Employees shall only be entitled to payment of one (1) fare allowance on any paid no work Satlll'day.

viii.) A new Employee will be eligible for an RDO after achieving 7.2 hours RDO accrual.

ix.)

However, a new Employee will be eligible to llSe lesser RDO accruals for the Saturdays and adjacent fixed ROO's nominated as no work public holiday I RDO weekends.

Employees will be paid all unpaid RDO accruals on termination and by agreement may be paid out RDO accmals 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 comnumity life and can jeopardise workplace safety. The Company and the workforce shall develop guidelines during the life of this Agreement to !imlt excessive ove1time.

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 /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 pe1·sonal circumstances including family responsibilities; iii.) The needs of the Company; i v . ) The notice (if any) given by the Company of the ovettime; v . ) Any other relevant matter.

29.4 Overtime on Saturdays and Sundays

Overtime worked on a Saturday will be paid for at the rate oftime and one half ordinary rime rates for the first two hours and double ordinary time rates thereafte1·. Employees 1·equired 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.

Ove11ime worked on a Sunday will be paid for at the rate of double ordina1y 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 Work

a) Prescribed Holidays

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

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Piling ConTractors Pfy Ltd I CFMEU Collective Agreement

• 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 OJ' 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) OJ' on picnic day as provided in Clause 31 in this Agreement, will be paid at the rute 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. w111 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) Termination

Where an Employee is terminated by the Company except for reasons of misconduct, incompetence or refusal of duty, the Company will pay the Employee a day's ordinary wages for each 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 termination.

e) Group of Holidays

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 purpose of this Agreement be a gi'Oup 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 Lo11g 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 sei'Vice 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 pmi ies that the first Monday of December slJall be observed as the industly picnic day. No work shall be scheduled on industty picnic day, or an alternative gazetted picnic day, and as agreed by the patties to this Agreement, withm1t loss of pay to Employees.

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Piling Contractors Pty Ltd I CFMEU Col/active Agreement

32. WORKPLACE REPRESENTATION I UNION DELEGATE

The parties recognise the role Employee's representative has in seeking to ensure indust1'ial hArmony on the site or at Ute workplace. Further, the parties recognise that the on-site representative is a first point of contact for an Employee who has an employment related grievance or a grievance, query or concern arising under the terms ofthe Agreement.

An Employee repl'esentative 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 dur.ing 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 perform productive work within his I Iter range of qualifications and competence. Further, the Employee representative sha11 be allowed reasonable time during working hours to attend to such job matters affecting the Employees to perf01m their work.

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

32.2 Worl{pl~ce Representative I Union Delegate

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

(a) Be treated fairly and to perform their role as Wodcplace Representative I Union Delegate 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 represent the interests ofEmpJoyees to the Company (f) Reasonable paid time dming 1101mal working hours to consult with Employees concerning

matters impacting on their work (g) Reasonable access to telephone, facsimile, photocopying, internet and e-mail facilities for

the purpose of call'ying 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 compl'Omising Freedom of Association rights

33. FLEXIBILITY ARRANGEMENT

33.1 The Company and an individual employee may agree to vaty the application of this agreement to meet the genuine individual needs of the Company and the individual employee, The Company and the individual employee may ugree to vary the application of terms of this Agreement in regard to arrangements for when and where work is performed.

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

Be about matters that would be petmitted matters if 1he arrangement were an enterprise agreement; and, Not include a term that would be an unlawful term if the anangement were an enterprise agreement.

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

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

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

The flexibility arrangement must require the employer to ensure that any individual flexibility arrangement agt·eed to undeJ' the term mtlst be able to be t.enninated;

Dy eitl1er the employee, or the employer, giving written notice of not more than 28 days; or,

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

The Company must ensure that any Flexibility Anangement; -

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 . .

35, CONSULTATION FOR PURPOSES OF s 205 OF THE FAm WOHK ACf 2009

Where the Company is considering and prior to any decision on the introduction of major workplace chao~:.res that are likely to have a significant effect on Employees, the Company will notify and consult with the Employees and their Union/s or othe1' 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 t·epl'esenting Employees in consultation relating to the proposed workplace changes.

Provided however this clause shall not be constmed 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 tl1eir union/representative in writing with:

a) the natrne 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 adve1·se effects of such changes on Employees; and

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

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Piling Contmctors Pty Ltd I CFMEU Collective Agreement

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

j • ) termination of employment i i . ) changes to composition, operation or size of the workforce Ol' the skills required of

Employees iii.) elimination or reduction of job oppottunities (including promotion/tenure) i v.) alteration of hours of work v.) l'etraining, relocation and or restl'ucturing changes to the legal or operational strncture

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

36. SEVERABILITY

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

The severance of any term of this Agreement that is, in whole, or in part, of no effect by virtue of the operation ofs 253 of the Fair Work Act shaU no1 be taken to affectt!"te binding force and effect of the remainder ofthe Agreement.

To the extent it is possible, all terms should be interpreted in a manner that would make them pet•mitted matters.

37. IMMIGRATION COMPLIANCE

The Company recognises its obligations in respect of compliance with the AllSiralian inunigration laws.

Prospective Employees will be required to complete the Authority cOtJtained in Appendix H of this Agreement to obtain fi:om Depru1ment oflmmigration and Citizenship (DJAC) details of immigmtion status. No person will be allowed to undertake ~my work for the Company unless It is verified he I she has the right to work.

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

38. APPLICATION OF APPENDICES

TJ1e Appendices ofthls Agreement form part of the Agreement and as such are enforceable.

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Piling Confmclors Pty Lfd I Cfi'MF..U Co!lective Agreemmt

39. ENDORSEMENT OF THE AGREEMENT

The parties recogt1ise that each bas a responsib1!ity to ensure the successful operation of this Agl'eement. The signatures below testifY the fact that the Agreement has been endorsed at peak Company, Union and Employee levels.

'&~~ . \ -~--/ Signature FOR THE UNION

Signature FORTHECO l'

Brian Parker Print Name in Full FOR THE UNION

~t:arL-I-J41-J/ . ..:t=l=--~ _

Print Name in Fu{q!) FOR THE COMPANY

12 Railway Street

Lidcombe NSW Address of Signatory FOR THE UNION

,kt?«!n/#·, ~~d; ds·o I Address of Signatory FOR THE COMPANY

State SecretOTJ' Position I Authority Held FOR THE UNION

R_b- 6- ~DJ~. Date of Signing Ag1·eement

Signature

Dale of Signing Agreement

UNION DELEGATE/EMPLOYEE REPRESENTATIVE FOR THE EMPLOYEES

Print Name in Full UNION DELEGATE/EMPlOYEE REPRESENTATIVE FOR THEEMPLOYEES

Dale of Signing Agreement

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Piling Contrac/ors Pty Lrd I CFMEU Collective Agreemenr

APPENDIX A

Discrimimttion and Sexual Harassment

The aim of the Company is to provide a work envil'Orunent free from all types of discrimination and sexual harassment for all Employees fully suppmting the Sex Discrimination Act 1984 and the Anti Discrimination Act 1977.

The Company fully complies with all applicable requhements 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 cmmnitmenl by the Company to prohibit disclimination against applicants or Employees in employment, promotion, demotion, transfer, recruitment, recrnitn1ent adveJiising, stand downs, termination, rates of pay and other forms of compensation, and selection for training.

Sexual harassment is unrtcceptable behaviour, which is not asked fur and can take mnny forms, obvious or subtle, dhect or indirect. It 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 occurmuce where a complaint of discrimination or sexual l1arassment 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 expe<litiously, for all those involved.

Ultimately, the responsibility for discrimination and sexual hal"assment matters lies with seniol' management of the Company.

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

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Piling Contractors Pry Ltd I CPMEU Co/luctive Agreement

APPENDIX]!

Agreement Classific!ltion Sh·ucturc

Classification

Fowulation Worker Levell (FWI) An entry level Employee with little or no experience in the piling sector. A FWl must possess an OH&S induction card and demonstrate a capacity to work safely. New entrants will work towards acquil'ing skills both formal and informal over time.

Foemdatio11 Worker Leve/2 (FW2) A skilled labourer who has a minimum of two (2) years experience in the piling sector. They have attained a formal qualification e.g. bobcat, dogman etc.

Foundation Worker Leve/3 (FW3) A senior foundation labourer with experience in the foundation industty and capable of opemting and maintaining ancillary foundation equipment, also with additional fomml quali'fications e.g. rigger, excavator etc.

Foundation Worlcer Level4 (FW4) An operator of most small Company equipment, drilling rigs and ancillary machinety.

Fomulatioll W011cer Level 5 (FW5) A skilled and experienced foundation labmu·er /leadhlg hand with higher level formal qualifications than lower levels. Operator of meditun Company equipment drill rigs and service cranes.

Fomuftrtion Worker Level6 (FW6) An operator capable of operating and maintaining a variety of large Company equipment, drilling rigs and ct•anes in various foundation applications.

Fomulatlmt Worlcer Level7 (FW7) An advanced operator capable of operating and maintaining the majotity of Company equipment, drilling rigs and cranes.

Fomlll(ftioJt Worker LevelS (FWB) A senior operator capable of operating and maintaining most Company equipment, drill rigs and cranes to the highest level.

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

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Piling ConlracfoJ:\' Pty Ltd I CFJviEU Collective Agreement

Rates applicable from first full pay J)eriod on or :tfter 1 March 2011

FW2 25.07 FW3 26.00 FW4 26.17 FW5 27.30 FW6 27.85 FW7 28.36 FW8 28.80

Rates applicable ft•om first full pay period on or after 1 M:~rch 2012

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Piling Contractors Pty Ltd I CFMEU Collective Agreement

Rates applicable from first .full pay period on or after 1 October 2012

Rates applicable from first full puy period on or nftet' 1 Mat·ch 2013

Rates applicable from fi1•st full pay period on or after 1 October 2013

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Piling Contractors Ply Ltd I CFMEU Collective Agreement

Rates applicnbJe from first full (laY period on or nfter 1 Ma1·ch 2014

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Piling ContmcfOI'S Ply Lfd I CFMEU Col/eci/Ve Agreement

MPENDIXC

Extra Benefits and Provisions

NSW Productivity Allowance

The Company will pay a NSW pl'Oductivity allow!Ulce of $3.00 per hour for each hour worked on site. This allowance shall be paid weekly fo1· each hour worked.

To assist the Company in tendering for work on smaller projects, Employees may agree 1hat this allowance be $1.50 per houe for each hour worked on projects where the builder's package is less than $10 1uillion.

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 fm homs worked on site only, exchtding time in the yard and inclement weathe1' off site. This allowance shnll not attract any premium or penalty

Piling Allowance

The Company will pay a piling I drilling allowance of $2.50 pet' hour for each hour WOl'ked.

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

Where the project value exceeds $1 00 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 hom· worked shall be added to the Piling Allowance.

The Piling Allowance shall not attract any premium Ol' penalty.

Tlus 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 can:y out tasks specitlcally related to upcoming projects. . This allowance shall not be paid for geneml maintenance work performed at the yard.

Superannuation Entitlement

The Company will contribute 9% of ordinary time earnings (whichever is the greater or the SOL requirement if greater) into Cbus, "Ordinal'y time earnings" means the actual ordinary rate of pay the Employee receives for ordinary homs 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 hom'S ordinaty time worked Monday to Friday. This }Jercentage will increase if the Stlperannuation Guarantee rate is increased by legislation. All other provisions of the BCGOA shall apply.

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Piling Co11tractors Ply Ltd I CFMEU Co!lectil•e Agreement

Redundancv Entitlement

The Company will coutl'ibute $75.00 (increasing to $80.00 from first full pay period on or after 1 October 2012 per week per Employee into the Australian Consh·uction Industly Redundancy Tl'ust (ACIRT).

To assist the Company tendering and secul'ing WOI'k 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 (incrensing to $50.00 from first full pay period on 01· after I October 2012 pel' week per Employee, subject to the provisions of: "Projects less than $10 miUion and Staged Projects.

Once an Employee has accl'ued 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.

Industry /Wod{crs Welfare

As a demonstration of Employee commitment to the Construction lndusuy Dmg and Alcohol Foundation (CIDAF) referred to tn C!a\tse 12.8 of this Agreement, Employees agree that theil· redundancy contributions will be reduced by ~'2.00 per wet:k ($73.00 per week) increasing to $3.00

· pel' week ($77 .00 per week) as at the first full pay period on or after I October 2012.

This amount is to be forwarded to the account l1eld by the CIOAF in accordance with Clause 12.8 of this Agreement.

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

Additionnl 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 OJ' after 1 March 2012, increasing to $20.00 fi·om first full pay period on or aftel' 1 Octobet· 2012, increasing to $22.00 fi·om first fuU pay period on or after 1 March 2013. This allowance will also be in lieu of the first 20 minutes clib payable for overtime Monday to Friday found in the BCGOA. This amount shall replace the ammmt prescribed by the BCGOA and shall remain in force without variation for the duration of the Agreement.

Fnres Allowance

The Company will pay a fares allowance (except 011 distant work) of $27.00 per day for each day worked (including RDO's) inc;reasing to_$29.00 per day per Employee fi·om fi rst full pay period on or after 1 October 20 II and to $30.00 per day per Employee from first full pay petiod on or after 1 March 2012. This fares allowance is not payable where the Company provides an· Employee with a fully serviced vehicle to travel to and from work. Fltlly serviced shall mean the Company will be responsible for the payment of all servicing, fuel, tyres, insurances, registration etc.

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Piling Conrraclors Pty Ud I CFMEU Co/lecrive Agreem~nf

County Boundaries

The Cmmty Boundaries foJ' the pw·poses of clause 15 of this Agreement are as follows:

Boundary oftlte County of Cumberland

Pacific Ocean, Hawkesbury River, Nepean River, Cataract River, Cataract Creek and Woodlands C1·eek.

Boundary oi' the County of Camden

Woodlands Creek, Cataract Creek, Cataract River, Nepean River, Wanagambn River, Wollondilly River, Uringalla Creek, Joarimina Creek, Shoalhaven River and Pacific Ocean.

Boundalics ofthe Counties of Northumberland and Camden and Qmtber1and

The areas bounded by the intersecting points of the Pacific Ocean, Hunter River (including Fullerton Cove and the North Channel), Wollombi Brook, Parsons Q·eek, Darkey Creek, Howes Valley Creek, Macdonald Rive!~ Hawkesbury River, Nepean llive1; Warragamba River, Wollondilly River, Ulingalla Creek, Barkers Creek, Joal'lmina Creek, and the Shoalhaven River.

IncJement Weathel'

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

Protects less than 810 million and Staged Protects

Where the builders project value is less than $10 million the flexibility provided for in this Agreement in respect of company productivity allowance and t•edundaucy is subject to agt;eement 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 of long pants.

Employees each year will also be issued witl1 the option of two (2) sloppy joe's or one (l) jacket. This issne will be provided in April each year or to new Employees commencing betwee11 I April and 31 July.

Distant Worl'

The Company shall provide Employee's accommodaLion when required to work at a distant location and pay an allowance of $87.00 per night increasing to $89.00 per night from first full pay period on or after 1 October 2011 and S95.00 per night fi·om first full pay period on m· after I October 2012. The quality ofthe accommodation provided will be in accordance with the Award.

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Piling Contractors Ply Ltd I CFMEU Col/ectiva Agreement In lieu of this provision, the Company and Employees may agree that a daily allowance shall be paid to the Employee where such Employee arranges theh· own accommodation. The amount to be paid shall be negotiated between the Company and the Union. In the absence of agreement the rates provided for in this clause plus accommodation will be applicable.

First Aid

In the case where Employees are operating plant unaccompanied, ala distance of more than one (I) kilometre fi'Om au established camp or depot or fi'Om the centre of operation of a gang to which they are attached, a suitable first aid kit shaU be provided for the operator of each macl1ine.

Compensation fol' clothes and tools tmdcspersons and labourel'S

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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Piling Co1Jfractors Pty Ltd I CFAifEU Collective Agreement APPENDIXD

Leisure Days and Pllblic Holidays Calendar 2012

Monday January 2 No Work Public Holiday

Thursday January 26 No WorkPublicHoliday

Friday January 27 RDO(:fixed)

Saturday January 28 No WodcSaturday

Sunday January 29 No WotkSunday

Monday FeblUary 27 RDO (flexible)

Monday March 26 RDO (flexible)

Friday April 6 No WorkPublicHoliday Saturday April? No Work Saturday Sunday April 8 No Work Sunday

Monday April9 No Work Public Holiday

Wednesday Aptil25 'No WorkPublicHoliday Thursday Apri126 ROO (flexible) ·

Monday May 21 RDO (flexible)

Saturday June 9 No Work Saturday

Smtday June 10 No Worlc SLmday Monday June 1 1 No Work:PublicHotiday Tuesday June 12 RDO(fixed)

Monday July 16 ROO (flexible)

Monday August 13 ROO (flexible)

Monday September 10 ROO (flexible)

Saturday September 29 No Wot·k Sattu·day

Sunday September 30 No Work Stn1day Monday October 1 No WrnkPublicHoliday Tuesday October 2 RDO(fixed)

Monday November 5 RDO (flexible) . Satut·day December 1 No WotkSattu'day No Sunday December 2 Monday December 3

Work Sunday

Tuesday December 4 No WO!k.IndLmy Picnic Day RDO

Saturday December 22 (fixed)

Sunday December 23 No WorkSall.ll.tlayNo

Monday December 24 Wo1k Sunday RDO (fixed)

Tuesday Decem bet' 25 01ristmasDay Wednesday December 26 Boxing Day

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Piling Contractors Ply Ltd I CFMEU Collective Agreement

Leisure Days and Public Holidays Calendar 2013

Tuesday January 1 No Work Public Holiday

Saturday Januaty 26 · No Work Saturday Sunday Januaty 27 No Work Sunday Monday Januaty 28 No Wod{PublicHoliday Tuesday January 29 RDO (fixed)

Monday February 25 RDO (flexible)

Thursday March 28 RDO(fixed) Friday March 29 No Work Public Holiday Saturday March 30 No Work Saturday Sunday March 31 No Work Sunday Monday Ap1il l No Work Public Holiday

11uusday April25 No Work Public Holiday Friday April 26 RDO(fixed) Satutday April27 No Work Saturday Sunday April28 No Work Sunday

Monday May 20 RDO (flexible)

Saturday June 8 No Work Saturday Sunday Jtme 9 No Work Sunday Monday June 10 No WorkPublicHoliday Tuesday June 11 RDO(fJXed)

Monday July 15 RDO (flexible)

Monday August 12 RDO (flexible)

Monday September9 RDO (flexible)

Saturday October 5 No Work Saturday Sunday Octobe1· 6 No Work Sunday Monday Octo bet• 7 No Work Public Holiday 1\tesday October 8 RDO(fixed)

Monday November 4 RDO (flexible)

Saturday November 30 No Work Saturday Stmday December 1 No Work Sunday Monday Decem bet· 2 No Work Iudusliy Picnic Day 1\1esday December 3 RDO(fixed) Wednesday December25 Christmas Day Thursday December 26 Boxi(1Da~ Friday December 27 RDO flexi 1e)

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Company/ CFMEU Col/eclive Agreement

Leisure Days and l'ub1lc Holidays Calendar 2014

Wednesday Januaty 1 No Work Public Holiday

Saturday Januruy 25 No Wo1k Saturday Sunday Januaty 26 . No Work Sunday Monday January 27 No Work Public Holiday Thesday January 28 RDO (fixed)

Monday March 3 ROO (flexible)

Monday :Miut::h 31 ROO (flexible)

F1'iday April 18 No WmkPublicHoliday No Saturday April19 Work Saturday Sunday April 20 No Work Sunday Monday April21 No Work Public Holiday Thesday Ap1il 22 RDO (fiXed)

Friday April25 No Work Public HolidilY

MondayMay26 RDO (flexible)

Saturday June 7 No Work Saturday Sunday June 8 No Work Sunday Monday June9 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 October4 No Work Saturday Sunday October 5 No Work Sunday Monday October 6 No Work. Public Holiday Thesday October? RDO (fixed)

Monday November 10 RDO (flexible)

Saturday November29 No WOl'lc Saturday Sunday November 30 No Wotk Sunday No Work Monday December I lndustty Picnic Day Tuesday December 2 RDO (fixed) Timrsday December25 Christmas Day Fiiday December 26 Boxing Day Saturday December 27 No Work Saturday Sunday December 28 No Work Sunday Monday December 29 ROO (fixed)

It is noted by the parties that the Leisure Days and Public Holiday Calendru·s may be subject to change. In such circllmstauce the industry parties e.g. CFMEU, MBA, will meet to determine any variation

. . .. . -F'ebrumy 2012

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Company I CJ''Mf.;U Collective Agreemmt

APPENDIXE

Counselling and Disciplinary Procedures/Terminalion of Employment

Counsellinf! and Disciplinary Procedm·es

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 formal counselling and disciplinaty action is necessary.

Perfol'mance I General Misconduct

Jn the event that un Employee fails to maintain satisfactory performance 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 m· Union Organiser present.

Step 1- Verbal Waming/ Counselllng The Company shall have a disctJssion with the Employee h1 which it will advise him I her of the problems that it believes exist. The Employee will then have the oppmtunity to respond to the allegations. Jf appropriate the Company will then:

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

Step 2- First Wl'iltelf Warnilfg! Improved Performance If the Employee falls to meet the standards of improvement in accordance with Step 1 within a reasonable period of time, the Company shall have a fi.ll'lher 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 oppmtunity to respond to the allegations. If appropriate the Company will then issue a written warning detailing:

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

At the request of the Employee, copies of any written warnings will be glven to the Company Union delegate/representative o1· Union Organiser.

Stev 3-Final Wl•/ffen Wamin.g I Impmved Per[Ornrauce If the Employee fails to meet the standards of improvement in accordance with Step 2 within a reasonable period oftime, th~ 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 opp01tunity to respond to the allegations. If appropdate the Company will then issue a final written warnjng detailing: ·

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

therein will lead to dismissal

The relevant Employee being cmmselled will be requested to sign a copy of the written wamings referred to in Step 2 and Step 3 ofthis clause.

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Revocntion ofWamil1g

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

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

If the Employee fails to meet agr·eed standards of improvement in accordance with Step 3 within a reasonable period of time, the Company sba11 l1ave a fwther discussion with the Employee in whicl1 it will advise him I her <;>fthe problems tl1at it believes exist. The Employee wili have the opp01tunity 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 wilfi.JI 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 opportm:rlty to respond to the allegation. lf appropriate the Company may then issue a wl'itten notice of dismissal detailing the t·easons for the dismissal.

Commitment to Follow Procedure

The Company agrees that this procedme will be adhered to prior to tem1ination of employment.

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APPENDIXF

Salluy Sacrifice Agreement For SuperannuHtion

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

PARTillS

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. The Company and the Employee entered into a contract of employment on or before the Date of Agreement.

B. The Employee "is entitled to a Gross Salary as specified and described in the Schedule. C. The Employee is entitled to bonuses, overtime, allowances, commission, compulsory

superannuation benefits, annual and long service leave, severance, redm1dancy and sickness benefits, compensation payments and such other amounts that may be payable to the Employee ("Additional Entitlements").

D. The Employee is a membel' of tl1e supe1·annuation fund as specified and described in the Schedule ("Fund").

E. The Company has offered and the Employee has accepted a salary sac1·ifice anangement, to commence from the Date of Commencement, as evidenced by the temts of this Agt'eement, under which the Employee has agreed to forego part of the Gross Salary in rettn'n for the Company providing benefits of a similar value.

OPERATIVE PROVISIONS

1. "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 sala1y sacrifice arrangements that may already be in existence before this Agreement is entered into.

2. The Employee hereby allthodses the Company and the Company agrees to provide the benefits in lieu of Gross Salary as specified In the Schedule ("Sacrificed Amount").

3. Notwithstanding clause 2, the Company agrees to calculate and pay Additional Entitlements to the Employee by xeference to the Gross Salary.

4. This Agreement is not intended to and must not affect presently existing entitlements to Gross Salary or to any other salary or remuneration arrangements ill place between the Company and the Employee, including Additional Entitlements, as at the Date of Commencement.

5. Tllis Agreement will be reviewed on the review date specified in the Schedule and may only be varied by au other ·written document

EXECUTED as an Agreement

Signatme FOR THE El\1PLOYBE

Witness

Signature FOR THE COMPANY

Witness

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Company I CFMEU Collective Agreement

SCHEDULE

I. Date of Agreement :

2. Employer:

3, Employee:

4. Gross Salary:

5. Fund:

6. Date of Commencement :

7. Sacrificed Amount:

(a) Deductions fmm Gross Sulal'y

(i) $

(ii) $

or % payable to the Fund

payable by (other nominated arrangement)

(b) Deduction from Additional Entitlements

{i) $

( i i) $

or % fi·om (Specific additional entitlement) payable to the Fund

payable by (other nominated ammgcment)

8. Review Date :

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Company I CFMEU Collective Agreeme111

APPENDIXG

Drugs & Alcohol Safety Rehabilitation Pmgr·am

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 U1e workplace.

2 , PROGRAM FOCUS

Tiu~ tbllowing mechanisms at•e t'ecognised 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 intervention and supprut Rehabilitation of affected Employees

3. WORKPLACE POLICY

Outlined hereunder m·e the policy guidelines of the BTG Drug & Alcohol Safety Pmgram

a)

b)

c)

d)

e)

g)

h)

No Employee will consume drugs and/or alcohol during the work day inclusive of meal breaks. A person who is dangerously affected by drugs and/or alcohol will not be allowed to work tmtil 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 mQde aware of the availability of treatment I counselling. If an Employee is affected by drugs and/01' 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. ]f the Employee refuses help he/she may be transfened 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 waming 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 dmg 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 au agreed time and venue for a representative of the BTG Drug and

Alcohol/Safety Progl'8m to address a meeting/s 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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APPENDIXH

Authority to obtain details ofworlr rights status from DIAC

EMPLOYEE DETAILS (As specified in p11ssport or otller identity document)

Family Name:

Given Name(s)

Other Name(s) used (eg maiden name)

DateofBirth:~/ _ _ / __

Nationality:

Passpmt Number:

Visa Number:

Visa Expuy Date: __ / __ / __

I authorjze the Depa11ment 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 labo\11' supplier and a rep1-esentative of a prjncipal contractor and authorized trade union officer on request.

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

Employee Signature:

Date: __ / __ / __

EMPLOYER I LABOUR SUPPLIER DETAILS

Business Name:

Business Street Address:

Type ofBusiness:

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

. .. January 2012

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