[2022] FWCA 2751

FairWork
Commission
DECISION
Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3239)

LANDSCAPE PLUS (VIC) PTY LTD AND THE CFMEU (VICTORIAN

CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS
LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2020-
2023
Building, metal and civil construction industries

COMMISSIONER MATHESON SYDNEY, 15 AUGUST 2022

Application for approval of the LANDSCAPE PLUS (VIC) PTY LTD and the CFMEU
(Victorian Construction and General Division) Subcontractors Landscape Construction
Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the
LANDSCAPE PLUS (VIC) PTY LTD and the CFMEU (Victorian Construction and General
Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023 (the
Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The
Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.

[4] The title of the Agreement in the Notice of Employee Representational Rights was
different to the title clause in the proposed Agreement. However, I am satisfied that in all of
the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited
T/A RMAX Rigid Cellular Plastics & Others1, this constitutes a minor procedural or technical
error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the
Agreement were not likely to be disadvantaged by the error.

1 [2019] FWCFB 318.

1
 [2022] FWCA 2751

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
22 August 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517012 PR744780>

2
Note - the model flexibility term is taken to be a term of this agreement and can
be found at the end of the agreement.

LANDSCAPE PLUS (VIC)

PTY LTD
and
the CFMEU (Victorian
Construction and General
Division)
Subcontractors
Landscape Construction
Enterprise Agreement 2020-2023
PART 1-APPLICATION AND OPERATION 5

1 Title 5

2 Definitions 5

3 Date and Period of Operation 7

4 Scope of Agreement 7

5 Relationship to the Award and the NES 9

6 First Nations People 10

7 Objectives and Commitments 10

8 Severability 11

9 Flexibility Arrangements 11

PART 2- DISPUTE RESOLUTION AND CONSULTATION 13

10 Disputes Resolution Procedure 13

11 Consultation 16

12 Flexibility arrangements on significant, major or unusual Projects 18

PART 3 - TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 20

13 Contract of Employment 20

14 Apprentices 21

15 Security of Employment 24

16 Visa Compliance 26

17 Notice of Termination 27

18 Additional Provisions 28

19 Redundancy 28

20 Industry fund compliance 29

21 CBUS Superannuation 30

22 Co-Invest (Long service leave) 31

23 lncolink 31

PART 4 - CLASSIFICATIONS AND MINIMUM WAGE RATES 36

24 Wage Rates 36

25 Allowances 36

26 Clothing Issue 40

27 Higher Duties 41

28 Payment of Wages 41

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29 Wage Payment Details 41

30 Inclement Weather 42

31 Training and Related Matters 49

32 Licensed trades - recognition of prior learning 50

33 Accident Pay and Workers Compensation 51

PART 5 • HOURS OF WORK AND RELATED MATTERS 52

34 Hours of Work 52

35 Shiftworkers 52

36 Rostered Days Off 52

37 Overtime 57

38 Breaks 59

PART 6 • LEAVE AND PUBLIC HOLIDAYS 61

39 Annual Leave 61

40 Public Holidays 63

41 Personal and/or Carer's Leave 63

42 Compassionate Leave 64

43 Community Service Leave (other than Jury Service) 65

44 Jury Service 65

45 Parental Leave and Dad and Partner Pay 65

46 Family and Domestic Violence Leave 66

47 Picnic Day 66

48 Long Service Leave 67

PART 7 • EMPLOYEE REPRESENTATION 68

49 Representation 68

50 Union Delegate Rights 68

51 Employee Representative Rights 69

52 Union Delegate/Employee Representative Facilities 70

53 Industrial Relations Training Leave 70

54 Tool Box Meetings 70

55 Right of entry 70

PART 8 • SAFETY 73

56 Safety Objectives 73

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__________ ____ ___57 ~lnd.uctions,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _7._,3.,___ _ _ ___J

58 Health and Safety Representatives 74

59 Health and Safety Representative Meetings 74
60 Procedure with Dealing with Safety Issues or Incidents 74
61 Site Safety Supervisor 76
62 Safety Committee 77
63 Training for Health and Safety Representatives 77
64 Personal Protective Equipment 77
65 Additional Safety provisions (Heavy Materials) 78
66 Drug and Alcohol Policy 78
1-lsafe ancrRespectfiirWorkplace
PART 9 - AGREEMENT MATTERS 80
68 Posting of Agreement 80

PART 10 - SITE ISSUES 81

69 Amenities 81
70 Amenities for females 83

71 Site Issues 84
PART 11 - INDUSTRY MODERNISATION 85

72 Workplace modernisation 85
73 Signatories 86
APPENDIX A- Classification ........................................................................................87
APPENDIX B - Wage rates ............................................................................................90
APPENDIX C - Site allowance procedure ................................................................. 100
APPENDIX D - RDO Calendars .................................................................................. 105
APPENDIX E - Training leave for workplace representatives ................................ 111
APPENDIX F - Occupational Health and Safety....................................................... 116
APPENDIX G - Passenger and Material Lifts ........................................................... 123
APPENDIX H - Drug and Alcohol Management Program ....................................... 127
APPENDIX I - Living Away From Home Allowance ................................................. 152
APPENDIX J - Notification Form pursuant to clause 36.8(c) to Work on Scheduled
RD0 ............................................................................................................................... 156
APPENDIX K- Sexual Harassment Principles ......................................................... 158
APPENDIX M - Sham Contracting Compliance Checklist ...................................... 161

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PART 1-APPLICATION AND OPERATION

1 Title
1.1 This Agreement is known as the LANDSCAPE PLUS (VIC) PTY LTD and the
CFMEU (Victorian Construction and General Division) Subcontractors
Landscape Construction Enterprise Agreement 2020-2023 (the Agreement).
2 Definitions
2.1 In this Agreement:
Award means the Building and Construction General On-site Award 201 O
incorporating all amendments up to and including 19 December 2019
(PR715079);
Building Code/ Building Code 2016 means the Code for the Tendering and
Performance of Building Work 2016;
CBUS means the Construction and Building Unions Superannuation Scheme;
Continuous service means the period of service of an Employee
notwithstanding the Employee's absence from work for any of the following
reasons:
• annual leave, personal leave or parental leave;
• illness or accident up to a maximum of four weeks after the expiration of
paid sick leave;
• any other authorised unpaid leave up to a maximum of four weeks;
• jury service;
• injury received during the course of employment and up to a maximum of
52 weeks for which the Employee received worker's compensation;
• where called up for military service for up to three months in any
qualifying period;
• long service leave; and
• any reason satisfactory to the Employer, provided the Employee has
informed the Employer 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;
Continuous shiftworker (see definition of shiftwork below) for the purpose of
the additional week of annual leave provided by the NES means an Employee
engaged to work in a system of consecutive shifts throughout the 24 hours of
each of at least six consecutive days without interruption (except during
breakdown or meal breaks or due to unavoidable causes beyond the control of
the Employer) and who is regularly rostered to work those shifts;

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------------DHA-means-the-Department-of-blome-Affairs,-andJts-predecessorand _ _ _ _ _ _ _ _ _ ,
successor (if any) agencies;
Disputes Panel/Panel means the Victorian Building Industry Disputes Panel;
Employee/s means an employee of the Employer who is a construction worker
including apprentice construction workers engaged as tradespersons,
labourers, and plant operators performing landscape construction and
associated work.
Employer means LANDSCAPE PLUS (VIC) PTY LTD ABN: 63 600 591 553
Fair Work Act means the Fair Work Act 2009 (Cth) as amended from time to
time;
FWC means the Fair Work Commission;
HSR/ Health and Safety Representative means a member of a designated
work group elected to represent the designated worl< group on matter relating~--------1
to occupational health and safety;
Industry RTO means as defined in clause 31.5.
Ordinary Rate means the hourly rate of pay for the ordinary hours of work as
listed in Appendix B.
Ordinary Time Earnings for all purposes in this agreement has the same
definition as defined by Superannuation Guarantee Ruling 2009/2. Without
limiting the fullness of this definition, in summary and in the context of this
agreement, this includes:
(a) wages and allowances earned in respect of ordinary working hours (see
clause 34) but excluding any wages and allowances earned in the
performance of overtime; and
(b) shift loading;
NES means the National Employment Standards prescribed by the Fair Work
Act 2009 (Cth);
OHS Act/ Occupational Health and Safety Act means the Occupational
Health and Safety Act 2004 (Vic) from time to time;
Persons covered by this Agreement means the Employer, the Union and the
Employees;
Party or Parties to this Agreement means the Employer, Employees and/or
the Union as the context requires;
Project means building and construction works performed on a site or
combination of sites for which:
(a) the site or combination of sites must constitute an enterprise or
undertaking carefully planned to achieve a particular result; and
- - (b) - the sitEl. or combinati_on of sites must have a clearly established entity or
entities that exercise control over its development; and

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(c) the site or combination of sites must have a scope sufficiently definable
at any given point during the project to enable its proper definition and
costing for the purpose of determining the appropriate site allowance;
Project Value including Total Project Value means the value of the Project
(as defined above), comprising of:
(a) Preliminary costs and profit margin;
(b) Trade packages (including supplier and subcontractor costs); and
(c) Provisional sums.
Project Value does not include non-construction development costs.
Redundancy means a situation where an Employee ceases to be employed
by an Employer, other than for reasons of misconduct or refusal of duty.
Redundant has a corresponding meaning;
RTO means a 'registered training organisation' registered on the State Register
and National Register in accordance with the Education and Training Reform
Act 2006 (Vic);
Shiftwork means work comprising recurring periods in which different groups
of workers do the same jobs in rotation;
Shiftworker means an Employee who performs Shiftwork in accordance with
clause 35;
Union or CFMEU means the Construction, Forestry, Maritime, Mining and
Energy Union (General and Construction Division, Victorian and Tasmanian
branch); and
VEVO means the Department of Home Affairs, Visa Entitlement Verification
Online system.
Note: where a date is specified for the commencement of a payment it is a
reference to the first pay period on or after that date.
3 Date and Period of Operation
3.1 This Agreement will operate from the date 7 days after it is approved by the
FWC and shall have a nominal expiry date of 30 June 2023. By no later than
30 June 2022 the Employer intends to commence discussions concerning a
replacement enterprise agreement. This Agreement will continue to operate
after its nominal expiry date unless it is replaced by another enterprise
agreement or terminated in accordance with the Fair Work Act.
4 Scope of Agreement
4.1 This Agreement applies in the State of Victoria and covers:
(a) the Employer;
(b) Employees who are construction workers (including apprentice
construction workers) engaged in the on-site building, engineering and
civil construction industry as defined in the Award, performing landscape
construction and associated work; and

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-~---------(c)--the-Union-(provided-lhe-Union-givesnotice-iLwants-to_be_covered_bythe __ _
Agreement and FWC notes the Union is covered under subsection
201 (2) of the Fair Work Act when the Agreement is approved); but
(d) Construction work in the cottage/housing industry shall not fall within the
scope of this Agreement. For the purposes of this Agreement,
cottage/housing industry means the construction, erection, assembly,
maintenance ornamentation or demolition of a single occupancy dwelling
and multiple occupancy residential units being of not more than two living
levels height.
(e) The Agreement does not cover the Employer or any of its Employees
with respect to the performance of any work performed by Mechanical,
Electrical and Plumbing Tradespersons and Technicians under the
classification structure CW/ECW3, 4, 5, 6, 7, 8 and 9.

4.2 For Employees performing work on an apartment building between two and
four living levels height above ground (inclusive), the express provisions
of this Agreement will not apply except those listed in the table below,
instead the incorporated Award terms will apply.
Clause 1 Title

Clause 2 Definitions

Clause 3 Date and Period of Operation

Clause 4 Scope of Agreement

Clause 5 Relationship to the Award and the NES

Clause 10 Dispute Resolution

Clause 11 Consultation

Clause 14.6 Adult apprentices

Clause Apprentice wages

14.9(a)

Clause 21.1 default superannuation fund

Clause 24 Wage Rates

Clause 34 Hours of Work

Employees performing work under clause 4.2 are covered by clause 7 of

the Award (Individual Flexibility Arrangements) except that an Individual
Flexibility Arrangement may be terminated by either the Employer or

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Employee giving not more than 28 days' written notice to the other party
or by written agreement between the Employer and Employee at any
time.
4.3 (a) Where clause 4.2 does not apply, for Employees performing work on
apartment buildings that have greater than four living levels height above
ground with a Project Value of $50M or less or community, education,
health, refurbishment and not for profit facilities that have a Project Value
of $25M or less, for Projects outside the City of Melbourne as defined in
Appendix C, the following listed clauses of the Award will apply in lieu of
the following listed clauses of this Agreement:

Award clauses that Agreement clauses that

apply do not apply

32 - Superannuation 121.2 - 21.6 - (part of CBUS

Superannuation)

25 - Fares and Travel 25.6 - Daily Fares and Travel

Patterns Allowance Pattern Allowance

24 - Living Away from 125.11 - Living Away From Home

Home - Distant Work 11\llowance

34 - Shiftwork 35 - Shiftworkers

36 - Overtime 37 - Overtime

20.2 Meal Allowance 37.4 - Overtime meal allowance

(b) This provision applies to Employees working on a Project commencing

on or after 1 October 2020.
(c) The Parties recognise that these Projects by their nature, may require
some alternative work practices. It is agreed that consultation between
the Employer, the Employees and their representative should occur to
plan the application of Project specific work practices.
4.4 The Employer and affected Employees and any representative(s) of their
choice, will consult on these Smaller Projects over workforce composition,
efficient work practices and workforce mobility, whilst remaining committed to
the highest levels of workplace safety. The consultation may include, but is not
limited to:
(a) use of a contract cleaner in lieu of a peggy; and
{b} multi-tasked roles for Employees.
5 Relationship to the Award and the NES
5.1 Subject to this clause, the Award is incorporated into and forms part of this
Agreement.

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_ _ _ _ _ _ _ 5.2 __ ~~1tthereJs_anyjnconsisteocy~b_eJwe~eo.aoJ,)XPJ".e_ss term of this Agreement and

an incorporated Award term, the express term of the Agreement will prevail to
the extent of any inconsistency.
5.3 This Agreement will be read and interpreted in conjunction with the NES.
Where there is an inconsistency between this Agreement and the NES, and the
NES provides a greater benefit, the NES provision will apply to the extent of
the inconsistency.
6 First Nations People
6.1 The Employer, Employees and the Union recognise the significance of First
Nations People in the State of Victoria.
6.2 The Employer will ensure that an acknowledgement of Traditional Owners of
the Land will be made on every project. All Employees will receive cultural
awareness information as part of the site induction process to ensure that all
workers are made aware of the history and spiritual connection that Traditional
Owners have with the area where the Project is being constructed.
6.3 A 'Welcome to Country' ceremony may be arranged with the Traditional
Owners to demonstrate the Employer's commitment to the principles of social,
restorative justice and cultural affirmation.
7 Objectives and Commitments
7.1 The Objectives of the Parties to this Agreement are:
(a) to promote fair, cooperative and productive workplace relations in the
building and construction industry;
(b) to provide a detailed set of agreed employment benefits, conditions,
rights and obligations;
(c) to explore the potential for innovation and new technologies;

(d) to consider any benefits of alternative hours of work;

(e) to support the establishment of consultative bodies to consider the
impact of climate change on the working conditions in the industry;
(f) to establish practices that support opportunities for a diversified
workforce;
(g) to support the implementation of highest possible levels of OHS
practices, procedures and training;
(h} to ensure that fair and equitable employment practices are applied in the
workplace;
(i) to improve efficiency in the workplace;
U) to provide for the establishment and observance of an effective disputes
settlement procedure that involves Employees and their representatives,
when requested, at the earliest stage of any dispute or potential dispute.
7.2 The Parties to this Agreement commit themselves to ensuring that:
(a) The efficiency measures contained in this Agreement are implemented
and lead to real gains in productivity.

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(b) The principles of industry modernisation are realised during the life of
this Agreement (in accordance with Part 11 ).
(c) Productivity gains will not be achieved at the expense of health and
safety standards.
(d) The disputes settlement procedures provided herein are strictly adhered
to.
(e) Employment should wherever possible be full time and on going.
8 Severability
8.1 It is the intention of the Parties to this Agreement that the Agreement contains
only permitted matters under the Fair Work Act.
8.2 The severance of any term of this Agreement that is, in whole, or in part, or no
effect by virtue of the operation of section 253 of the Fair Work Act shall not be
taken to affect the binding force and effect of the remainder of the Agreement.
8.3 All terms should be interpreted in a manner that would make them permitted
matters.
9 Flexibility Arrangements
9.1 The Employer and an Employee may agree to make an individual flexibility
arrangement to vary a term of the Agreement if the arrangement:
(a) only varies the effect of
(i) Clause 45 Parental Leave and Dad and Partner Pay
(ii) Clause 42 Compassionate Leave
(iii) Clause 44 Jury Service
(b) meets the genuine needs of the Employer and Employee in relation to
the matter mentioned in clause 9.1 (a) above:
(i) is genuinely agreed to by the Employer and Employee; and
(ii) is not inconsistent with section 55 of the Fair Work Act.
9.2 The Employer must ensure that the terms of the individual flexibility
arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act;
(b) are not unlawful terms under section 194 of the Fair Work Act; and
(c) result in the Employee being better off overall than the Employee would
be if no arrangement was made.
9.3 The Employer must ensure that the terms of the individual flexibility
arrangement
(a) is in writing;
(b) includes the name of the Employer and the Employee;
(c) is signed by the Employer and the Employee (if the Employee is under
the age of 18, signed by a parent or guardian of the Employee;

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-----------(d)--includesdetails-of:-------------------------1
(i) the terms of this Agreement that will be varied by the arrangement;
(ii) how the arrangement will vary the effect of the terms;
(iii) how the Employee will be better off overall in relation to the terms
and conditions of his or her employment as a result of the
arrangement; and
(iv) states the day on which the arrangement commences.
9.4 The Employer must give the Employee a copy of the individual flexibility
arrangement within fourteen days.
9.5 Upon request by the relevant Employee/s, the Employer must provide copies of
all flexibility agreements made under this clause to the Union/Union
Delegate/Employee Representative.
_ _ _ _ _ _ _ __,,_u6_ __,The-Employ_er_or_Employ_ee_may_terminate_tbe_indiYjdualJlexibility_arrangemen~---------<
by giving not more than 28 days' written notice to the other Party to the
arrangement; or if the Employer and Employee agree in writing at any time.

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PART 2 - DISPUTE RESOLUTION AND

CONSULTATION
10 Disputes Resolution Procedure
10.1 A major objective of this Agreement is to eliminate lost time and/or production
arising out of disputes or grievances. The Parties to this Agreement are
committed to complying with the terms of this procedure.
10.2 Scope
Disputes relating to any of the following must be dealt with according to the
procedure in this clause:
(a) any matter arising under this Agreement;
(b) the NES, including subsections 65(5) and 76(4); and
(c) any matter pertaining to the relationship between the Employer and the
Employees.

Provided that nothing in this clause prevents a party to the dispute from
applying to a court for orders in relation to contraventions of civil remedy or
penalty provisions.

Note: Safety issues and incidents are to be dealt with in accordance with
clause 60 of this Agreement and with any applicable occupational health and
safety legislation. A dispute about the operation, or application of clause 60 is
a matter arising under this Agreement and can be dealt with in accordance with
this clause.
10.3 Procedure
Disputes will be dealt with according to the following procedure.
Step 1-workplace level
(a) In the first instance, the parties to the dispute will take genuine steps to
try and resolve the dispute at the workplace level.
Step 2-dispute resolution including arbitration by the Panel
(b) If the dispute remains unresolved after Step 1, a party to the dispute (or
its representative) may refer the dispute to the Victorian Building Industry
Disputes Panel (Panel). If a party to the dispute refers the dispute to the
Panel, all parties irrevocably consent to the Panel dealing with the
dispute, including by arbitration.
(c) The Panel may deal with the dispute by conciliation, arbitration,
otherwise as it sees fit, or by any combination of methods, provided that
it acts in accordance with its Charter, and must not make any decision or
impose any other binding outcome that is inconsistent with the Building
Code, or which requires a party to the dispute to do something that is
prohibited by any applicable legislation.

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PART 2 - DISPUTE RESOLUTION AND CONSULTATION

--~-~------~(d)~ltthe_Eanel_deals_withJhe_dispute_by_arbitrationand_makes_an_arbitral
award (Decision):
(i) any party to the dispute (or its representative) may, within 14 days
after the date of the Decision, have the Decision reviewed by the
FWC, in which case Step 3 below applies;
(ii) if no party refers the Decision for review within the period stated in
clause 10.3(d)(i) above, that Decision will be final and binding on
the parties to the dispute.
Step 3-Referral to the FWC
(e) If a party to the dispute refers the Decision for review to the FWC, all
parties to the dispute irrevocably consent to the FWC dealing with the
dispute, including by arbitration.
_ _ _ _ _ _ _ _ _ ___,f) A re-'1Lew_b_y_ttle_F...W_C_is_no_La.headug_afre.s.b_(no.La.headug_de_no_11.o.);JUs,_ _ _ _ _--4
a review by way of rehearing. This means that the FWC must identify
whether the Panel has made an error of law, a material error of fact or a
decision which is legally unreasonable or unjust (inferred error). It is
acknowledged that the FWC has the discretion to admit new evidence as
required.
(g) The FWC may deal with the dispute by conciliation, arbitration, or by the
exercise of any of its other powers under the Fair Work Act, or by any
combination of methods. The FWC must not make any decision or
impose any other binding outcome that is inconsistent with the Building
Code.
(h) If the FWC deals with the dispute by arbitration:
(i) by a single member of the FWC and makes an arbitral award
(FWC Decision):
(A) any party to the dispute (or its representative) may, within 21
days after the date of the FWC Decision, appeal to a Full
Bench of the FWC;
(B) if no party appeals from the FWC Decision within the period
stated in clause 10.3(h)(i)(A) above, that FWC Decision will
be final and binding on the parties to the dispute.
(ii) by a Full Bench of the FWC and makes a decision, the decision
will be final and binding on the parties to the dispute.

Steps available in the event of non-compliance by a party

(i) If any party to the dispute fails or refuses to comply with or participate in
Step 1 of this clause, any other non-breaching party to the dispute (or its
representative) may, in its absolute discretion:
(i) refer the dispute to the Panel, which will deal with the dispute in
accordance with Step 2 above noting that the non-breaching party
may request the Panel at this stage to refer the dispute directly to

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PART 2 - DISPUTE RESOLUTION AND CONSULTATION

the FWC to deal with the dispute by conciliation, arbitration, by the

exercise of any of its powers under the Fair Work Act, or by any
combination of methods.
(j) If any party to the dispute fails or refuses to comply with or participate in
Step 2 of this clause, any other non-breaching party to the dispute (or its
representative) may, in its absolute discretion:
(i) refer the dispute to the FWC to deal with the dispute by
conciliation, arbitration, or by the exercise of any of its other
powers under the Fair Work Act, or by any combination of
methods; or
(ii) continue to pursue Step 2 above, including by seeking that the
Panel make a Decision despite any non-compliance or non-
participation of any other party.
The FWC must not make any decision or impose any other binding
outcome that is inconsistent with the Building Code.
10.4 Directions and requests of the Panel
(a) The Panel may inform itself in relation to any dispute in such manner as
it considers appropriate in accordance with its Charter, including but not
limited to by:
(i) Requesting oral or written submissions;
(ii) Requesting relevant documents, records or other relevant
information; or
(iii) Conducting a conference or holding a hearing.
(b) A party to the dispute will comply with any request of the Panel made
under this clause, unless the party has a reasonable excuse.
10.5 Enforcement
(a) Finality of a Decision
(i) Subject only to the rights of review/appeal expressly provided for in
this clause, a Decision or an FWC Decision (or any subsequent
Full Bench decision) is final and binding and may be immediately
enforced.
(b) Enforcement of a Decision
(i) All parties to a dispute must comply with, and give effect to, any
Decision or FWC Decision.
(ii) A party to a dispute that fails to comply with, or give effect to, a
Decision or FWC Decision, contravenes this clause.
(iii) The Parties agree that:
(A) any Decision or FWC Decision may be enforced by an action
seeking appropriate remedies (including, but not limited to,

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PART 2 - DISPUTE RESOLUTION AND CONSULTATION

- - - - - - - - - - - - ~ _ _ _ _ paymentota.debt,.damages,_or_specific.performance).in_any. ______ - - - ~
court of competent jurisdiction; and
(B) interest will accrue on any sum payable under a Decision or
FWC Decision at the rate prescribed from time to time in
respect of pre-judgment interest under the Rules of the
Federal Court of Australia.
10.6 Status quo
(a) While the dispute is being dealt with in accordance with the procedure in
this clause:
(i)
the parties will maintain the status qua existing immediately prior to
the subject matter of the dispute arising. Neither party will engage
in any industrial stoppages, bans and or limitations. Work shall
continue in accordance with the status qua unless an Employee
----------------has-;;i-reasonable-eoneern-;;ibout-;;in-imminent-risk-to-their-health-or~-------,
safety; however
(ii) the Employer may direct an Employee to perform other available
work at the same workplace, or at another workplace, on the same
terms and conditions of employment, if it is reasonable to do so to
protect the health, safety or welfare of Employees.
(b) For the avoidance of doubt, "Maintain the status quo" means that the
action giving rise to the dispute will be withdrawn, and the situation
immediately prior to the action giving rise to the dispute will apply until
the dispute is resolved.
10. 7 Employee participation and representation
(a) Employees are entitled to a representative of their choice, including a
Union representative, for the purposes of this clause.
(b) Employees to whom a dispute directly relates and who are necessarily
required to participate in the procedure provided for in this clause are
entitled to do so without loss of pay.
(c) Employees who are required to attend as a witness in an arbitration are
entitled to do so without loss of pay.
(d) In the event that the parties to the dispute fail to agree on the identity or
number of persons who qualify under this clause, the question will be
determined by the Panel or the FWC (whichever is then dealing with the
dispute) as part of the dispute.
11 Consultation
Major Workplace Change
11.1 If the Employer has made a decision to introduce a major workplace change
that is likely to have a Significant Effect on a humber of Employees, the
Employer must notify the Employee(s) who will be affected by the decision .As
soon as practicable and prior to implementation, the Employer must discuss
with the relevant Employees and/or their nominated representative/s (e.g.

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Union or other representative) the introduction of the change; and the effect the
change is likely to have on the Employees. The Employer must discuss
measures to avert or mitigate the adverse effect of the change on the
Employees.
11.2 For the purposes of the discussion the Employer will provide the relevant
Employees and/or their nominated representative/sin writing:
(a) All relevant information about the change including the nature of the
change proposed;
(b) Information about the expected effects of the change on the Employees;
and
(c) Any other matters likely to affect the Employees.
However, the Employer is not required to disclose confidential or commercially
sensitive information.
The Employer must give prompt and genuine consideration to matters raised
about the major change by the relevant Employees.
11.3
(a) "Significant Effects" under this clause 11 include termination of
employment (including redundancy), major changes in the composition,
operation or size of the Employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or
job tenure; the alteration of hours of work; the need for retraining or
transfer of Employees to other work areas or locations and the
restructuring of jobs.
Consultation about changes to rosters or hours of work
11.4 Where the Employer proposes to change an Employee's regular roster or
ordinary hours of work, the Employer must consult with the Employee(s)
affected and, if required their representative, about the proposed change.
11.5 As soon as practicable after proposing to introduce the change, the Employer
must:
(a) discuss with the relevant Employees the introduction of the change; and
(b) for the purposes of the discussion, provide to the relevant Employees
and their representative if requested by the Employees:
(i) all relevant information about the change, including the nature of
the change; and
(ii) information about what the Employer reasonably believes will be
the effects of the change on the Employees; and
(iii) information about any other matters that the Employer reasonably
believes are likely to affect the Employees; and
(c) invite the Employee(s) affected and any applicable representatives, to
give their views about the impact of the proposed change (including any
impact in relation to their family or caring responsibilities); and give

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---consideration-to-any-views-abouUheJmpacLoLthe_proposed_change _ _ _ _ _ _~
that are given by the Employee(s) concerned and/or their Union.
(d) The requirement to consult under this clause does not apply where an
Employee has irregular, sporadic or unpredictable working hours.
11.6 These provisions are to be read in conjunction with other Agreement or Award
provisions concerning the scheduling of work and notice requirements.
12 Flexibility arrangements on significant, major or unusual
Projects
The Parties are committed to working together, in a manner consistent with the
12.1
terms of the Agreement, to promote productivity and ensure the elimination of
any matters which may otherwise give rise to an industrial disputation.
Accordingly, if the Employer requires the implementation of productivity
measures specific to a significant, major or unusual Project, which may include
special and exceptional circumstances, the Employer will consult with the
---------------'affeaecl Employee(s), in accordance w1tntn1s clause.
12.2 Without limiting the general intention of this clause, the Parties recognise a
particular requirement for establishing flexible starting times for high rise
buildings beyond twenty storeys, as well as to develop other working
arrangements that facilitate efficient movement of the workforce whilst still
protecting the rights of individual Employees.
12.3 Where the significant, major or unusual Project is in a regional area,
consultation will also occur to provide opportunity for employment of local
labour.
12.4 Consultation shall commence as soon as practicable, following the
announcement of the significant, major or unusual Project. In order to facilitate
consultation, the Employer will provide:
(a) All relevant information about the significant, major or unusual Project
including the nature of the significant, unusual and major Project
proposed;
(b) Information about the expected effects of the significant, major or
unusual Project on the Employees; and
(c) any other matter that is relevant to the significant, major or unusual
Project, including the application of Appendix C.
During consultation under this clause, other matters that may be discussed
include:
(a) Scheduled shutdowns;
(b) Safety;
(c) Work on RDOs; and
(d) Opportunities to promote employment of apprentices and diversity of
employment.
12.5 For the purposes of this clause 'consultation' involves the Employer proposing
productivity measures for the significant, major or unusual Project and the

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Employees giving prompt and genuine consideration to those proposed

measures of the Employer.
Note: An Employee has the right to determine their representation (if any) for
the purposes of this clause in accordance with Part 7 - Employee
Representation of this Agreement.
12.6 However, the Employer is not required to disclose confidential or commercially
sensitive information about the significant, major or unusual Project.
12. 7 Any Party may seek the assistance of the Disputes Panel to facilitate
consultation under this clause at any time, including dealing with matters in
accordance with Appendix C.

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--- - ---PAR"T-3-cc-"f-YPES-0F-EMPl::0¥MEN"T-ANG~~~-
TERMINATION OF EMPLOYMENT
13 Contract of Employment
13.1 Daily Hire Employment
13.2 With the exception of casual Employees, all Employees covered by this
Agreement shall be engaged as daily hire Employees, other than those
employed as mechanical plant operators pursuant to the Award.
13.3 Casual Employment
(a) A casual Employee is one engaged as such and who has no firm
advance commitment from the Employer to continuing and indefinite
· ·ork-according-to-an-agreed-pattern-of-work-:-When-a-person-is-engagen------
for casual employment the Employee will be provided with a document
(for example, via a hard copy provided in person or by electronic means)
that specifies the job to be performed, the classification level in
accordance with this Agreement, the actual or anticipated length of
engagement including number of hours to be worked in that period, and
the relevant rate of pay and any allowances.
A casual Employee is not subject to the accrual of RDOs as prescribed
by clause 36 of this Agreement. For clarity, ordinary hours of work for a
causal Employee will be worked for up to 8 hours per day, Monday to
Friday and between the hours of 6:00 am and 6:00 pm each day.
Note: lndicia of 'no firm advance commitment' include, but are not
limited to:
(i) irregular work patterns;
(ii) uncertainty of work;
(iii) discontinuity of work;
(iv) intermittency of work; and
(v) unpredictability of work.
(WorkPac Ply Ltd v Skene [2018] FCAFC 131).
(b) A casual Employee shall be entitled to all the applicable rates and
conditions of employment prescribed in this Agreement except annual
leave, paid personal leave, paid jury service and payment for public
holidays not worked.
The casual loadings payable under this Agreement compensate the
casual Employee for entitlements available only to permanent employees
under the NES, namely annual leave, paid personal/carer's leave, paid
compassionate leave, payment for public holidays not worked and notice
of termination.

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(c) On each occasion a casual Employee is required to attend work the

Employee shall be entitled to payment for a minimum of eight hours work
plus the relevant fares and travel allowance set out in clause 25.6.
(d) A casual Employee for working ordinary hours shall be paid 125 percent
of the hourly rate prescribed in this Agreement for the Employees'
classification (inclusive of a 25% casual loading).
(e) A casual Employee required to work overtime or weekend shall be
entitled to the relevant penalty rates prescribed in this Agreement.
(f) A casual Employee required to work on a public holiday prescribed by
the NES must be paid 275% of the ordinary time hourly rate prescribed
for the Employee's classification (inclusive of a 25% casual loading).
(g) Termination of all casual employment shall require one hour's notice.
(h) A casual Employee who has been engaged by the Employer on a regular
and systematic basis for a period in excess of 4 weeks, thereafter has
the right to request in writing to have their contract of employment
converted to permanent employment if the employment is to continue
beyond the conversion process. The decision as to whether the
employment is made permanent is a decision of the Employer.
(i) A casual Employee, who has requested in writing to be converted to
permanent employment pursuant to clause 13.3(i), whose request is
refused by the Employer is entitled to be paid 175% of the ordinary time
hourly rate prescribed in this Agreement for the Employee's classification
(inclusive of a 75% casual loading).
14 Apprentices
14.1 The Parties commit to the ongoing responsibility to contribute to the training of
new tradespersons for the building and construction industry.
14.2 Subject to the terms of this Agreement, the laws applicable to apprentices in
Victoria will apply. In order to undertake trade training, a person must be a
party to a contract of apprenticeship or a training agreement in accordance with
the requirements of the apprenticeship authority or State legislation.
14.3 No apprentices under the age of 18 years will be required to work overtime or
Shiftwork unless they so desire. No apprentice will, except in an emergency,
work or be required to work overtime or Shiftwork at times which would prevent
their attendance in training consistent with the contract of apprenticeship
agreement.
14.4 Where an apprentice is required to attend training on a rostered day off, they
shall be afforded another ordinary working day off as a substitution for the
rostered day off
14.5 Apprentice Supervision
(a) All apprentices shall be supervised by an appropriately qualified
tradesperson.
(b) The application of this clause shall not be used to displace existing
Employees.

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--------14.6--AdultApprentices _______________________________
(a) Apprentices who are 21 years of age and over at the time of entering into
an apprenticeship with the Employer will be paid at a minimum the 2nd
Year Apprentice rate in Appendix B of this Agreement.
14.7 lncolink Entitlement and Redundancy Procedure for Apprentices
(a) Apprentices will be registered with lncolink and should be recorded in
accordance with the Trust Deed and receive the benefits as provided in
the Trust Deed.
(b) From 1 October 2020, the Employer will contribute $2.00 per week per
Employee to a Nominated Redundancy Fund (or any other fund of which
lncolink is Trustee and nominated by it to receive the contribution) for the
provision of benefits to apprentices. This contribution will increase in
accordance with this table:
1 October 2'ff21 $3.00
1 October 2022 $4.00
1 October 2023 $5.00

14.8 Training and Related Matters - Apprentices

The Parties recognise that in order to increase the efficiency and productivity of
the Employer, a significant commitment to structured training and skill
development is required. They also recognise the importance of the
apprenticeship system to the construction industry. Therefore the Parties
agree:
(a) If the Employer employs five (5) or more tradespersons in any one
classification it undertakes to employ an apprentice(s) or make
arrangements to host an apprentice from an agreed accredited group
apprenticeship scheme.
(b) If the Employer does not currently have an apprentice as provided for in
paragraph (a), reasonable time shall be allowed to enable the Employer
to comply with this clause. Further, the Parties are committed to a strong
ratio of apprentices in the industry.
(c) All apprentices must attend their official off-site apprenticeship training at
a RTO that is acceptable to the apprentice and the Employer. The
preferred RTOs are the established TAFE college network, but private
RTOs may be used if agreed to by the Parties.
(d) The Employer is committed to providing Employees with the opportunity
to acquire additional skills within relevant career path structures through
appropriate structured training based on nationally endorsed (i.e.
Construction Training Australia endorsed) competency standards and
curriculum;
(e) The Employer will actively encourage Employees to seek formal
recognition of their skills (i.e. recognition of prior learning); and

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(f) The Employer will use agreed accredited training providers to provide
training as contemplated by this clause to Employees.
(g) The Parties will consult on the development of training programs which
are consistent with the following:
(i) Training provided will be consistent with the Employer's business
requirements, relevant to the work of the Employees, consistent
with the skills development of each Employee and with applicable
national competency standards.
(ii) Training may be taken either on or off the job with all reasonable
steps being taken to conduct training in normal working hours.
(iii) If an approved training activity is undertaken during ordinary
working hours, the Employee/s concerned shall not suffer any loss
of pay.
(iv) Approved training activities undertaken outside of ordinary hours
will be paid at single time or may, with the consent of the
Employer, be taken as time off in lieu of payment. Provided that
the scheduling of time off must be consistent with the needs of the
business and be by agreement with the Employer.
(v) Training costs of courses approved by the Employer will be met by
the Employer (e.g. White Card).
(vi) The Employer will not be asked to meet the costs of training
undertaken by Employees which was not approved by the
Employer.
(vii) Leave of absence granted pursuant to this clause shall count as
service for all purposes of the Award and this Agreement.
14.9 Apprentice wages
(a) Apprentices' rates of pay are set out in Appendix B which includes the
description of the calculations.
(b) Daily Fares and Travel Allowance for apprentices will be a proportion of
the Daily Fares and Travel Allowance in clause 25.6 being as follows:

Proportion 1 July 2019 1 October

(see clause 25.12
of the Award\
2020
1st Year 75% $34.42 $35.10
2nd Year 85% $39.01 $39.80
3rd Year 90% $41.31 $42.10
4th Year 95% $43.60 $44.45

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------------(c)----The-cost-of-Citylink-tollsor-similar-will-bereimbursedJor-those _ _ _ _ _ __
Employees who are required by their employer to use their own vehicle
during working hours, but not for travel to and from work.
(d) Training costs for Apprentices
(i) Provided there is satisfactory progress, any fees and costs
associated with the first year of the apprenticeship will be
reimbursed by the Employer within six months of payment being
made by the Employee.
(ii) Provided there is satisfactory progress, any fees and costs
associated with subsequent years of the apprenticeship will be
reimbursed by the Employer within two months of payment being
made by the Employee.
(iii) The Employer may meet their obligations under this clause
14.9(d) by paying any fees and costs associated with the
apprenticeship directly (rather than the Employee paying the fees
and costs and being reimbursed by the Employer).
(iv) "Fees and costs" includes any fees charged by an RTO and the
costs of any prescribed learner resources.
15 Security of Employment
15.1 The Employer is committed to maintaining a stable and skilled workforce,
recognising its contribution to the operation of the Employer. Subject to the
terms of this Agreement, daily hire (and weekly hire for mechanical plant
operators) employment is the preferred type of employment under this
Agreement.
15.2 The Employer will take all measures to achieve employment security for the
daily hire Employees (and weekly hire for mechanical plant Employees) of the
Employer.
15.3 The Employer agrees that it is highly important that work is performed
effectively, efficiently and without undue pressure or bullying, and in a way that
promotes Occupational Health & Safety and Equal Opportunity principles and
practices in the workplace and appropriate representation of Employees should
they so request. The Employer will ensure that its employment practices are
consistent with the above principles and practices.
15.4 Supplementary labour
(a) If the Employer wishes to engage supplementary labour to perform work
performed by its Employees under this Agreement, the Employer must
first consult in good faith with the affected Employees.
(b) Following consultation and subject to this clause, the decision whether to
engage supplementary labour is a decision of the Employer alone. Any
dispute as to the application of this clause will be dealt with under the
disputes settlement procedure under clause 10 of this Agreement. The

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Employer will ensure that all supplementary labour is engaged on lawful

terms and conditions.
15.5 Sham Contracting and Anti-Wage Theft
The Parties acknowledge the importance of complying with all applicable laws
prohibiting sham contracting and wage theft including, but not limited to, the:
(a) Fair Work Act;
(b) Wage Theft Act 2020 (Vic)
(c) Modern Slavery Act 2018 (Cth); and
(d) Independent Contractors Act 2006 (Cth).
15.6 Sham Contracting
(a) The Parties to this Agreement acknowledge that sham contracting has
the potential to undermine fair employment practices, erode Employee
entitlements and affect the job security of Employees covered by this
Agreement. A sham contracting arrangement includes where an
employer attempts to disguise an employment relationship as an
independent contracting arrangement. This is usually done for the
purposes of avoiding responsibility for employee entitlements.
(b) in this clause, "sham contracting" is where:
(i) An employer employs, or proposes to employ, an individual,
representing to the individual that the contract of employment
under which the individual is, or would be, employed by the
employer is a contract for services under which the individual
performs, or would perform, work as an independent contractor;
(ii) An employer dismisses, or threatens to dismiss, an individual who
is an employee of the employer and performs particular work for
the employer in order to engage the individual as an independent
contractor to perform the same, or substantially the same, work
under a contract for services; or
(iii) An employer employs, or has at any time employed, an individual
to perform particular work makes a statement that the employer
knows is false in order to persuade or influence the individual to
enter into a contract for services under which the individual will
perform, as an independent contractor, the same, or substantially
the same, work for the employer.
(c) Clause 15.G(b)(i) does not apply if the employer proves that, when the
representation was made, the employer did not know and was not
reckless as to whether the contract was a contract of employment rather
than a contract for services.
(d) Any use of sham contracting is a breach of this Agreement.
(e) Where a sham contracting arrangement has been reasonably alleged
and is unable to be resolved at the workplace level, any Party may refer

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the-allegation_directly_toJhe_DisputesF'aneLfoLconciliation_and/or _____________
resolution under clause 1O of this Agreement. All Parties will cooperate
with the requests of the Disputes Panel including requests to provide
substantiating information or undertaking an independent audit of their
arrangements. For the avoidance of doubt, an affected Employee may
appoint a representative in relation to such matters.
(f) Where the sham contracting allegation exists on the Employer's project,
the Employer will make itself available to assist the disputes resolution
procedure.
(g) Where the Disputes Panel Chair deems it necessary due to seriousness
of the allegations and/or his/her findings, the Chair may refer the matter
to the appropriate government authority.
(h) Where it is agreed or determined by the Disputes Panel or FWC that a
-------------~sham-Gontr-act-was-in-place-and-the-per.son-was-in-fact-an-EmploY-e"'--------
under this Agreement, the calculation for back pay will be calculated on
the basis of the hourly rate contained in this Agreement plus the site
allowance (if applicable), plus the multi-storey allowance and an
additional 75% loading to cover entitlements other than CBUS and
lncolink. Any difference between the hourly rate paid to the Employee,
plus CBUS and lncolink will form the settlement for breach of this clause.
The affected Employee will be re-inducted and fully informed of their
entitlements under this Agreement and the Fair Work Act.
(i) The Employer must ensure that a person engaged to undertake building
work as an Employee or as an independent contractor is lawfully entitled
to be so engaged under Australian law.
U) The Employer agrees that the Employees will be paid in accordance with
the applicable wage rates and allowances as prescribed in this
Agreement.
(k) The Employer in particular acknowledges the Sham Contracting
Compliance Checklist, as attached at Appendix M, provides a useful
tool to ensure ongoing compliance.
15. 7 Anti-wage theft
(a) The Employer is committed to ensuring that all Employees are
remunerated properly in accordance with this Agreement. Any failure to
do so constitutes a breach of this Agreement. The Employer must not
deliberately withhold wages, superannuation or Employee entitlements,
falsify employer records, or fail to keep employment records.
(b) Any falsification of pay slips or employee records is a breach of this
Agreement.
16 Visa Compliance
16.1 The Employer will ensure all Employees are lawfully entitled to work in
Australia performing work under the Agreement. In circumstances where the

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proposed employment of overseas workers on any temporary visa forms part

of a "major workplace change", the Employer acknowledges its obligations to
consult in accordance with clause 11 - Consultation of this Agreement.
16.2 Should the Parties find themselves in disputation under this clause as to
whether an Employee is entitled to work in Australia and/or is paid the
appropriate rates, and the dispute is not able to be resolved at the workplace
level, the matter shall be referred to the Disputes Panel under clause 10 of the
Agreement.
16.3 The Employer will maintain HR systems (including utilising the VEVO system
on an ongoing basis), to ensure that temporary foreign Employees are at all
times employed in accordance with the conditions of their visas.
16.4 Existing and prospective Employees will be required to complete an Authority
obtained from the DHA with details of immigration status. No person will be
allowed to undertake any work for the Employer unless it is verified that he/she
has the right to work in Australia.
16.5 The Employer must ensure that no person who is not an Australian citizen or
Australian permanent resident (within the meaning of the Migration Act 1958) is
employed to undertake building work for the Employer unless:
(a) the position is first advertised in Australia; and
(b) the advertising was targeted in such a way that a significant proportion of
suitably qualified Australian citizens and Australian permanent residents
would be likely to be informed about the position; and
(c) any skills or experience requirements set out in the advertising were
appropriate to the position; and
(d) the Employer demonstrates that no Australian citizen or Australian
permanent resident is suitable for the job.
17 Notice of Termination
17.1 Daily Hire - Tradespersons & Labourers
One days' notice of termination shall be given by either side, or one day's pay
shall be paid or forfeited.
17.2 Weekly Hire - Mechanical Plant Operators
If the Employer decides to terminate the employment of a Mechanical Plant
Operator, the Employer shall give the Mechanical Plant Operator the following
notice:
Period of Continuous Service Period of Notice
One year or less One week
Over one year & up to the completion of three years Two weeks
Over three years & up to the completion of five years Three weeks
Over five years Four weeks

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-----------1n.addition.to.the.above.notice,.employees.oveL45_years_of_age_with_notless __ _
than two years continuous service shall be entitled to an additional week's
notice.
Notice of resignation by the Mechanical Plant Operator - The notice given by a
Mechanical Plant Operator shall be the same as that required of the Employer
except that there shall be no additional notice based on the age of the
Mechanical Plant Operator concerned.
17.3 Termination without Notice
The Employer may terminate an Employee's employment without notice if the
Employee engages in serious misconduct.
17.4 Termination prior to a Public Holiday
(a)If the Employer terminates the employment of an Employee, the
Employer will pay the Employee a day's ordinary wages for each public
--------------«olitlay-p-rers-crib-erd-in-this-A-gre-ementwhich-falls-within-'l·Q-consecutive·-------
calendar days after the date the Employee's employment is terminated.
For clarity, day one is the day after the Employee's employment was
terminated.
(b) Where 2 or more of the holidays fall within a 7 day span, such holidays
shall be a 'group' of holidays. If the first day of the group of holidays falls
within 10 consecutive calendar days after the date the Employee's
employment is terminated, the whole group shall be deemed to fall within
the 10 consecutive days, and the Employee will be paid a day's ordinary
wages for each such day. For example, Christmas Day, Boxing Day and
New Year's Day (or days in lieu thereof) shall be regarded as a group.
18 Additional Provisions
18.1 Upon termination of employment, the Employer shall pay each terminated
Employee all accrued entitlements and other wages owing and provide a
separation certificate within 2 business days of termination, unless otherwise
agreed in writing between the Employer and Employee, or the Employee shall
be entitled to claim payment for all time beyond the two working days, up to a
maximum of 8 hours per day, including Saturday and Sunday, until the
entitlements are paid.
18.2 Within 2 days of termination the Employer will supply the relevant paperwork to
allow an Employee to access their lncolink Redundancy Fund. Within one
week of termination, the Employer will comply with reporting of remaining sick
days to lncolink for the purpose of Portable Sick Leave.
19 Redundancy
19.1 Subject to the following procedure, it is agreed that it is the Employer's
prerogative to determine the order of selection of Employees for employment
or retrenchment.
19.2 All relevant legislation governing unfair dismissal, discrimination etc. will be
observed.

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19.3 Voluntary terminations will be encouraged as a first step.

19.4 The seniority of Employees - within classifications, experience or skills held -
will be observed by the Employer in selecting Employees for retrenchment.
19.5 The dispute settlement procedures set out in Part 2 will apply in the event of
any concerns arising regarding retrenchments.
19.6 An Employee is entitled to access his/her redundancy payments when they
cease to be employed by the Employer. The amount of the redundancy
payment shall be whichever is the greater of the entitlement due under the
Building and Construction General On-site Award 2010 as in force from time to
time or the entitlement of the Employee under the Nominated Redundancy
Fund trust deed (or under the constituting documents of any fund nominated by
lncolink under this clause).
Note that the industry-specific redundancy scheme prescribed by the Building
and Construction General On-site Award 2010 as in force from time to time is
expressly incorporated into this Agreement (including for clarity, in respect of
work falling within the scope of clause 4.2).
20 Industry fund compliance
20.1 The Employer shall ensure that all its Employees covered by this Agreement
are compliant with the industry schemes lncolink, CBus and ColNVEST.
20.2 It is acknowledged that information confirming compliance (i.e. registration and
contribution status) may be provided by the industry scheme/s to the Parties on
request, provided that any individual whose information is to be made available
has consented to such information being provided.
20.3 On commencement, and in accordance with fund procedures, the Employer
shall register the Employee/s with the relevant industry funds. These are CBUS
for superannuation, lncolink for severance pay, portable sick leave, bill payer
insurance and income protection insurance, and Co INVEST for long service
entitlements.
20.4 It is a specific requirement that the Employer shall ensure that all payments to
the abovementioned funds and schemes are up to date and made in full in
accordance with the relevant Trust Deed or scheme of the fund.
20.5 When an Employee or their representative raises a concern in respect of the
Employee's entitlements and/or the Employer's compliance with payments
and/or registration with the abovementioned funds or schemes, the Employer
shall provide to the Employee, or their representative if requested by the
Employee, all relevant information to assist in resolving any concerns.
20.6 Failure to Make Payments to Industry Funds etc.
(a) If a person covered by this Agreement has a genuine and reasonable
belief that the Employer has failed to comply with clauses 20 to 23
(inclusive) the following process will apply:

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PART 3 - TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT

___ (i). ____ the_person_or_theiuepresentati\/'e_must_notify_tbe_EmpJoy_er_in,_ _ _ _ _ _ __

writing of the alleged non compliance and what must be done to
remedy it;
(ii) the Parties must consult in good faith in an effort to resolve the
matter;
20. 7 Any disputes related to this clause shall be dealt with via the disputes
procedure. The Parties are committed to resolving any genuine and reasonable
disagreement about whether any amount is owing or outstanding as quickly as
practicable.
20.8 Additional Remedy for Non-Compliance with Superannuation.
(a)
If the Employer does not contribute the amounts in accordance with this
Agreement, the relevant Trust Deed and the Fund or scheme the
Employer shall be liable to make the appropriate contributions
-------------~1m=m~e~a1ately upon notihcat1on or the non compliance. FOftner, tne
Employer shall pay the earnings on the relevant Trust Deed and the
Fund or scheme that accrue during the pay of non-payment. The
requirement for the Employer to make retrospective payments shall not
limit any common law action which may be available in relation to death,
disablement or any other cover existing within the terms of a relevant
fund.
21 CBUS Superannuation
21.1 Superannuation shall be paid in accordance with the Superannuation
Guarantee Administration Act 1992 (Cth). The Employer's default fund will be
the Construction and Building Unions Superannuation Scheme (Cbus).
In respect of work falling within the scope of clauses 4.2 and 4.3, the level of
superannuation contributions payable by the Employer on behalf of each
Employee is prescribed by clause 32 of the Award. Where the Employee does
not nominate a fund, contributions will be paid into Cbus as the default fund,
otherwise the contributions shall be paid into an eligible super fund nominated
by the Employee.
21.2 The level of contributions paid on behalf of each Employee (other than an
Apprentice) shall be as follows:
1/7/2020 1/7/2021 1/7/2022 1/7/2023
Weekly Rate $235 $250 $265 $280

21.3 The level of contributions paid on behalf of each Apprentice shall be:

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Level 1st Year 55% 2nd Year70% 3rd Year 85% 4th Year 100%
Percentage
From 1/7/2020 $129.25 per $164.50 per $199.75 per $235.00 per
M1eek week M1eek week
From 1/7/2021 t137.50 per $175.00 per $212.50 per $250.00 per
eek M1eek M1eek week
From 1/7/2022 $145.75 per $185.50 per $225.25 per $265.00 per
week M1eek week week
From 1/7/2023 $154.00 per t196.00 per $238.00 per $280.00 per
week eek week week
1
21.4 The above contribution rates do not limit the Employer's liability under the
Superannuation Guarantee (Administration) Act 1992.
21.5 All superannuation contributions shall be paid monthly as required by the trust
deed.
21.6 Where an Employee wishes to have their pay salary sacrificed for additional
superannuation, the Employer will comply with the Employee's request without
unreasonable delay consistent with statutory requirements. All entitlements and
benefits contained in this agreement will be calculated on the pre-salary
sacrifice pay rate.
21. 7 Where an Employee nominates an eligible super fund, references to Cbus in
this Agreement shall be read as the eligible super fund nominated by the
Employee.
22 Co-Invest (Long service leave)
22.1 Long Service Leave Scheme
(a) Long service leave shall be in accordance with and provided by Co-
Invest.
(b) All Employees will be registered by the Employer with Coinvest. When
an Employee has accrued an entitlement to long service leave, and after
giving 4 weeks' notice to the Employer, the Employee will be entitled to
take such leave, subject to agreement with the Employer. Agreement for
leave will not be unreasonably withheld by the Employer.
23 lncolink
23.1 Redundancy Contributions
23.2 The Employer is, and will remain during the life of this Agreement, a member of
the Redundancy Payment Approved Workers Entitlement Fund 1 ("lncolink
Number 4 Fund") of which Redundancy Payment Central Fund Ltd ("lncolink")
is trustee or an equivalent approved worker entitlement fund that is
administered and/or managed by lncolink (collectively the "Nominated
Redundancy Fund"), and all the employees of the Employer within the scope of
this Agreement will be enrolled in the "Nominated Redundancy Fund" and be
entitled to redundancy benefits in accordance with the terms of the relevant
Trust Deed.

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PART 3 - TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYM ENT

------~~-23.3~_Tbe_Employer_sbaILpay_co11tributions_to_tbe_r,,Jorni11ate_d_Re_dundancy_E.u11d_o I] _ _ ----

behalf of each employee (other than apprentices) on a weekly basis in

accordance with the Trust Deed. If lncolink nominates any other fund under
clause 23.5, the Employer shall pay contributions to that fund on behalf of
each employee on a weekly basis and in accordance with the constituting
documents of that other fund.
1 October 2019 $81.00

1 October 2020 $100.00

1 October 2021 $120.00

1 October 2022 $140.00

1 October 2023 $160.00

23.4 The liability of the Employer to pay redundancy payments to an Employee

under this clause will be met by the making of the contributions on behalf of
each Employee required as a member of the Nominated Redundancy Fund , or
by another fund nominated by lncolink under clause 23.5.
23.5 References in this clause to "Nominated Redundancy Fund" include a
reference to another fund for comparable purposes nominated by lncolink for
the purpose of this Agreement as a fund which supersedes the lncolink
Number 4 Fund.
23.6 Income Protection, Trauma and Journey Insurance
The Employer is, and will remain during the life of this Agreement, a
participating employer in the Nominated Redundancy Fund (or other
redundancy fund of which lncolink is a trustee) and an employer member of
IPT Agency Co Ltd or IPT Agency Co (No. 2) Ltd. IPT Agency Co Ltd and IPT
Agency Co (No. 2) Ltd administer the insurance schemes covering income
protection, trauma and journey accidents (Income Protection, Trauma and
Journey Accidents Insurance Schemes).
23.7 The Employer shall pay contributions to IPT Agency Co Ltd or IPT Agency Co
(No. 2) Ltd (as relevant) on behalf of each Employee, on a monthly basis, in
accordance with the Constitution and By-laws of IPT Agency Co Ltd or IPT
Agency Co (No. 2) Ltd (as relevant).
23.8 Pursuant to the Income Protection, Trauma and Journey Accidents Insurance
Schemes, an employee of the Employer employed within the scope of this
Agreement will:
(a) (Income Protection) receive defined weekly payments available from
lncolink as outlined the table below in the event of an extended work
absence arising from any personal illness or injury that occurs at the time
the employee is an employee of the Employer.

Date Benefit (per week) Employer Weekly

Payment

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PART 3 -TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT

Date Benefit (per week) Employer Weekly

Payment
1 October 2020 $1,525 $27.00
1 October 2021 $1,525 $29.00
1 October 2022 $1,550 $30.50
1 October 2023 $1,550 $31.50

(b) (Trauma) receive or have paid on their behalf financial compensation in

the event of a major work related accident (i.e. WorkCover) resulting in
the death or permanent disablement of the Employee and occurring at
the time the employee is an Employee of the Employer (the full and
precise conditions of this cover will be in accordance with the terms of
the insurance policy and is available from lncolink).
(c) (Journey Accidents) receive payments in accordance with the terms of
the insurance policy for the duration of the Employee's absence (the full
and precise conditions of this cover will be in accordance with the terms
of the insurance policy and is available from lncolink) if:
(i) the absence is because the Employee is unable to work due to
injuries resulting from any accident incurred during journey
between the Employee's residence and the workplace, that occurs
at the time the Employee is an employee of the Employer; and
(ii) all such absences are supported by certification of a duly
authorized medical practitioner and indicating the causal nexus
between the travel to and from work and the Employee's inability to
attend for work.
(d) (Child Care Assistance Benefit) receive payments in accordance with
the terms of the insurance policy.
(i) In the event of the death of an Employee or their dependent
spouse, the surviving spouse shall receive a benefit through
lncolink to reimburse reasonable child care expenses incurred at a
registered child care facility within the twelve (12) months following
the death of the Employee or dependent spouse.
(ii) The maximum amount payable under this benefit is $30,000.
23.9 Portability of Sick Leave
(a) The Employer is, and will remain during the life of this Agreement, a
participating employer in the Construction Industry Complying Portable
Sick Leave Pay Scheme ("lncolink PSL Scheme") of which lncolink is
trustee, and all the Employees will be enrolled in the lncolink PSL
Scheme and be entitled to sick leave benefits and up to 5 days' carer's
leave, in accordance with the terms of the Trust Deed and the related
insurance policy.

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_ _ _ _ _ _ _ _ _ _ _ (Q)~TbJLEJT:rnloyer shall r:,ay_c.o.0![ib_utions to the lncoliJl~_E'_S_L Scheme on

behalf of each Employee on a weekly basis in accordance with the Trust
Deed. The contribution will be $3.00 per week. If lncolink nominates any
other fund under clause 23.9(c) hereof, the Employer shall pay
contributions to that fund on behalf of each Employee on a weekly basis
and in accordance with the constituting documents of that other fund.
(c) References in this clause to "lncolink PSL Scheme" include a reference
to another fund for comparable purposes nominated by lncolink.
23.10 Bill Payer Insurance
(a) If an Employee is in receipt of an lncolink benefit and suffers a disability
for a period of more than 14 days, they shall have access to a benefit
under a policy procured by lncolink to reimburse domestic bills which the
worker receives and pays during their disablement.
------------+1b)-+his-policy-will-reimbur.se-up-to-$2-150-per-biII-up-to-a-maximum-of-$5,00u------~
for all bills for any one period of disablement.
(c) The Employer will pay a contribution on behalf of each Employee of
$1.00 per week per Employee for the life of this Agreement in
accordance with the relevant lncolink trust deed and/or Constitution and
By-laws.
23.11 Funding for Training
(a) In furtherance of the objectives of clause 31 hereof, and as a further
initiative to enhance the employment and career opportunities of the
Employees, the Parties will continue to facilitate on-going training to
improve occupational health & safety in the industry and to improve
employees work skills so as to advance progression to higher industry
skill levels.
(b) To support the cost of these training initiatives the Employer will make a
payment per Employee per week as per the table below. Such monies to
be paid into lncolink to support that body's continued training funding
initiatives.

1 October 2019 $4.50

1 October 2020 $6.50

1 October 2021 $8.50

1 October 2022 $10.50

1 October 2023 $12.50

(c) Provided that the lncolink arrangements be appropriately ordered so as

to provide for:
(i) Joint employer/union management of the training funding;
(ii) Access to funding in accordance with agreed guidelines, by all
participating employers and unions.

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(d) In the event of lncolink being unable to provide the above facility, the
Parties agree to establish an alternative mechanism with the intention of
meeting the commitments expressed herein.
(e) The liability of the Employer to pay for the cost of training courses they
approve in accordance with clauses 14.B and 31, shall be met by the
making of the contributions on behalf of each Employee as required by
this clause.
23.12 The Employer will make a weekly contribution to the Nominated Redundancy
Fund (or any other fund of which lncolink is Trustee and nominated by it to
receive the contribution) for the purpose of funding and/or sponsoring activities
(at the determination of the Trustee of the said fund) that support the welfare of
all Employees and their families in the Building and Construction industry. This
contribution is calculated based on the number of Employees employed by the
Employer at the rate of $0.95 per Employee, per week.

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---------PAR~-4--G~A661F+GATl8NS~AN0 MINIMl:JM-------~-
WAGE RATES
24 Wage Rates
24.1 All Employees working under this Agreement shall be classified according to
Schedule B of the Award using the classification structure set out in
Appendix A of this Agreement as a guide.
24.2 Wages will be increased in accordance with Appendix B from each Pay Period
listed below:
(a) From 1st Pay Period commencing on or after 1 October 2020;
(b) From 1st Pay Period commencing on or after 1 March 2021;
(c) From 1st Pay Period commencing on or after 1 March 2022; and
(d) From 1st Pay Period commencing on or after 1 March 2023.
24.3 It is agreed that the wage increase on 1 March 2023 will be the only wage
increase for the 12 months commencing 1 March 2023.
24.4 These rates of pay are inclusive of the following Award prescribed entitlements:
(a) Base Rates of Pay
(b) Supplementary Payment
(c) Safety Net Adjustment
(d) Special Allowance
(e) Follow the Job Loading
(f) Industry Allowance
(g) Tool Allowance
24.5 Any variation or increase in Award entitlements shall not flow on to the adult
rates prescribed herein.
24.6 In respect of work falling within the scope of clauses 4.2 and 4.3, an Employee
will receive their ordinary time hourly rate plus 50% where the Employee is
performing shiftwork on an early morning shift that commences on or after 11
pm and before 4.30 am.
25 Allowances
25.1 Site allowances shall be paid in accordance with the allowances set out in
Appendix C, or as determined by the Disputes Panel pursuant to the
provisions of Appendix C.
25.2 Multi-Storey Allowance
25.3 In addition to the wage rates and site allowances provided in this Agreement,
Multi-Storey Allowance will be applicable in accordance with clause 21.4 of the

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PART 4- CLASSIFICATIONS AND MINIMUM WAGE RATES

Award. The applicable rate for Multi-Storey Allowance will be calculated in

accordance with clause 21.4(f) of the Award.
25.4 As at 30 June 2020:
From the commencement of building to 15th floor $0.59 per hour
level
From the 16th floor level to 30 th floor level $0.70 per hour
From the 31 st floor level to 45 th floor level $1.09 per hour
From the 46th floor level to 60 th floor level $1.41 per hour
From the 61 st floor level onward $1.73 per hour

25.5 Multi-Storey Allowance will be adjusted annually in accordance with CPI (All
Groups, Melbourne) movements measured in the twelve month period ending
the previous December quarter effective as of 1 March from 2021 onwards,
rounded to the nearest cent.
25.6 Daily Fares and Travel Pattern Allowance

25.7 In lieu of the fares and travel pattern allowance prescribed by the Award, a
payment per day shall be made for each day worked (including RDOs). This
payment shall in no way limit or be construed as a payment in substitution for
any other entitlement arising under the award.
25.8 Payments shall be as follows:

11 October 2020 I $46.80 per day

25.9 For the life of this Agreement fares and travel allowance will be adjusted
annually in accordance with CPI (All Groups, Melbourne) movements
measured in the twelve month period ending the previous December quarter
effective as of the 1st March from 2021 onwards, rounded to the nearest 5
cents.
25.1 O The cost of Citylink tolls or similar will be reimbursed for those Employees who
are required by their employer to use their own vehicle during working hours,
but not for travel to and from work.
25.11 Living Away From Home Allowance

25.12 When Employees are to be engaged on a Project requiring them to live away
from home, the provisions of Appendix I will apply in determining their
entitlement and the conditions whilst they are living away from home.
25.13 Expense-Related & Other Award Prescribed Allowances

25.14 All expense-related and other incorporated Award allowances not specifically
addressed by this Agreement will be paid at the applicable rate provided by the
Award.

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_ _ _ _ _ _ _ _ 25._'1_5~_Th!3se aHowances wiU be adjusted annually in accordance with CPI (All

Groups, Melbourne) movements measured in the twelve month period ending
the previous December quarter effective as of 1 March from 2021 onwards,
rounded to the nearest cent.
25.16 Geographic Area and Sector Specific Allowances, Conditions and
Exceptions.
25.17 The following allowances and conditions shall apply where relevant:
(a) Where the Employer does work which falls under the following headings,
the Employer agrees to pay and observe the relevant respective
conditions and/or exceptions set out below in each case.
25.18 Amounts payable in lieu of site allowance:
(a) Fast Food Allowance: As of 1 October2020 the Employer shall pay an
----------------"'a"llo,,_w=ancec"'e'--o""f'--'$"'2"..,_75,,_!;!er hour on all fast food construction and on
refurbishments with a building permit value in excess of $470,000.
These allowances will be adjusted annually in accordance with CPI {All
Groups, Melbourne) movements measured in the twelve month period
ending the previous December quarter effective as of 1 March 2021,
rounded to the nearest 5 cents.
On any Project where the applicable site allowance in Appendix C is
higher, then that site allowance will apply.
{b) Alpine Areas: As of 1 October 2020 the Employer shall pay an Alpine
disability allowance of $3.85 worked on Projects in alpine areas.
These allowances will be adjusted annually in accordance with CPI (All
Groups, Melbourne) movements measured in the twelve month period
ending the previous December quarter effective as of 1 March 2021,
rounded to the nearest 5 cents.
25.19 Major Events including Phillip Island Motorcycle Grand Prix, Avalon Air
Show, Albert Park Formula One Grand Prix, etc
(a) With the exception of the Albert Park Formula One Grand Prix, the
Employer shall pay an allowance of worked on the above Projects.
As of 1 October 2020 the Employer shall pay an allowance of $3.45 per
hour.
These allowances will be adjusted annually in accordance with CPI {All
Groups, Melbourne) movements measured in the twelve month period
ending the previous December quarter effective as of 1 March 2021,
rounded to the nearest 5 cents.
The Employer shall pay the current City of Melbourne (New Projects) site
allowance provided for under Appendix C of this Agreement per hour
worked on the Albert Park Formula One Grand Prix project.

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PART 4- CLASSIFICATIONS AND MINIMUM WAGE RATES

25.20 Demolition work

(a) As of 1 October 2020 where Employees are directly performing
demolition works that would require a demolition permit that allows the
performance of such work, they will receive the amount of $8.35 per hour
or the site allowance, whichever is the greater.
This allowance will be adjusted annually in accordance with CPI (All
Groups, Melbourne) movements measured in the twelve month period
ending the previous December quarter effective as of 1 March 2021,
rounded to the nearest 5 cents.
(b) As of 1 October 2020 where Employees are employed in connection
with, and on work, with employees of demolition contractors (ie. working
within the demolition zone and/or subject to the additional disabilities
arising from that demolition), they will receive the amount of $7.50 per
hour or the site allowance, whichever is the greater.
This allowance will be adjusted annually in accordance with CPI (All
Groups, Melbourne) movements measured in the twelve month period
ending the previous December quarter effective as of 1 March 2021,
rounded to the nearest 5 cents.
25.21 Amounts payable in addition to site allowance
(a) Altona Area Allowance
As of 1 October 2020 an Employee within a 8 km radius from the
intersection of Kororoit Creek Road and Millers Road, Altona shall, when
employed on chemical or petrochemical plants or on commercial or
industrial construction jobs within 1 km of the nearest part of the
perimeter of such plants or within the perimeter of storage tank farms, be
paid an all-purpose allowance of $1.35 per hour extra.
This allowance will be adjusted annually in accordance with CPI (All
Groups, Melbourne) movements measured in the twelve month period
ending the previous December quarter effective as of 1 March 2021,
rounded to the nearest 5 cents.
(b) Service Core Allowance
As of 1 October 2020 the Employer shall pay $1.55 per hour for all work
carried out in the construction of service core where the Employee is
physically isolated from the top deck and working in an enclosed space.
This allowance will be adjusted annually in accordance with CPI (All
Groups, Melbourne) movements measured in the twelve month period
ending the previous December quarter effective as of 1 March 2021,
rounded to the nearest 5 cents.
For a period of up to five working days, when Employees working in the
service core are required to walk beyond four levels and up to a
maximum of six levels, they will be paid double the Service Core
Allowance.

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- - - -----26--ClothingJssue, ___________________________
26.1 Mandatory equipment
(a) All Employees engaged to work on site will be supplied with safety
footwear and safety helmets appropriate to the work that they perform
before commencing work on a project. The safety footwear will be of an
equivalent standard to those made by:
(i) Steel Blue;
(ii) Oliver; and
(iii) Mongrel Boots.
(b) These items must be worn at all times as instructed during the site
induction process.
(c) Helmets must not be painted, drilled or modified in any way. Damaged
and/or worn footwear and helmets wilf be replaced on d e m a n - - - - - - - - - -
26.2 Work clothing
26.3 Two sets of cotton drill protective clothing will be issued to all Employees, upon
request, within two weeks of commencing work with the Employer. Employees
will be made aware of these entitlements at the time of employment.
26.4 The following clothing will be supplied to all Employees:
(a) Two pairs of overalls; or
(b) Two combination bib and brace; or
(c) Two pairs of long trousers and two long sleeved shirts; or
(d) Work denims at cost no greater than the above three choices.
26.5 All new Employees engaged between 1 May and 31 August will be issued with
one high visibility winter jacket or agreed equivalent. Winter jackets will be
replaced on a fair wear and tear basis.
26.6 Clothing and footwear will be replaced on a fair wear and tear basis. The
Employer will replace any clothing and footwear damaged due to fair wear and
tear within a reasonable period following the Employee's request. All items will
comply with the relevant Australian Standards and all endeavours will be made
to provide clothing that is Australian made. The clothing selected by the
Employer will be required to be breathable, light weight, UV stable, have high
visibility quality, and have the maximum UPF rating.
26.7 No agreement to pay cash in lieu of supply of clothing/footwear is permitted
and the Employer should maintain a register for all protective clothing provided
to employees. Where the relevant supplier of clothing/footwear maintains a
register, this will meet the requirements of this clause.
26.8 Source of clothing
(a) The Parties seek to provide opportunities to seeks to maximise
opportunities for Australian, New Zealand and Victorian suppliers (Local

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Suppliers) to supply on the basis of best value for money for the
provision of work clothing to its Employees.
(b) Local Suppliers of clothing will be made aware of opportunities to supply
clothing to the Employer.
26.9 Tools
(a) The Employer shall provide on all construction jobs, and elsewhere
where reasonably necessary and practicable (or if requested by the
Employee), a suitable and secure waterproof lock-up solely for the
purpose of storing Employees' tools, and on multi-storey and major
projects the Employer shall provide, where possible, a suitable lock-up
for Employees' tools within a reasonable distance of the work area of
large groups of Employees.
(b) Where an Employee is absent from work because of illness or accident
the Employer shall ensure that the Employee's tools are securely stored
during his/her absence.
26.10 Compensation for Loss of Employee Tools
(a) The Employer will replace all Employee tools lost or stolen in accordance
with the Award.
27 Higher Duties
27.1 Where an Employee on any one day performs two or more classes of work to
which different rates of pay are applicable, the Employer shall pay to the
Employee the higher hourly rate for the entire day if the Employee is required
to work in that class of work for more than 2 hours, and if for less than 2 hours
during any one day the Employee will be paid the higher rate for the time so
worked.
28 Payment of Wages
28.1 All wages, allowances and other monies may be paid by electronic funds
transfer which Employee(s) may request be split between up to two accounts.
28.2 Wages and pay slip details shall be made available no later than the cessation
of ordinary hours of work on Thursday of each working week.
28.3 Waiting time shall not be payable where an Employee(s) is kept waiting for
their wages due to circumstances beyond the control of the Employer.
28.4 During the life of this Agreement, the Employer may by agreement between the
Parties alter the pay week to commence on Monday and conclude on Sunday
of each week with bank transfers to be effected by midday Thursday.
29 Wage Payment Details
29.1 Payslips
(a) The following particulars of details of payment to each Employee must
be included on the Employees' work statement/ payslip:
(i) Name of the employing Employer;

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(ii)-Business name,-Legal name,Jrading_name_.A.BN/.11.CN; _ __ ------ -----

(iii) Name of Employee;

(iv) Employee's classification;
(v) Date of payment and period covered by work statement/ payslip;
(vi) Details of the number of ordinary hours worked;
(vii) Details of the number of overtime hours worked;
(viii) The ordinary hourly rate and the amount paid at that rate;
(ix) The overtime hourly rates and the amounts paid at those rates;
(x) The gross wages paid;
(xi) The net wages paid;
--------------(xiiJ-0etails--of-any-dee:11:1eti0ns-mae:le-fr0m-tl'le-wages;-;- - - - - - - - - - - -
(xiii) Details of all accrued entitlements including RDO accruals,
personal leave, annual leave, long service leave etc.;
(xiv) Details of the Employer's lncolink and CBUS/superannuation
contributions, including when the contribution was made and the
amount, and, details of Employee contributions, including when the
contribution was made and the amount;
29.2 Work Statement/payslips will be issued to Employees within 2 days of
payment.
29.3 In addition to the details of payment noted above, the Employer will also keep
records of the following:
(a) The Employee's date of birth;
(b) The date of commencement of employment;
(c) The Employee's tax file number;
(d) The Employee's Coinvest number;
(e) Details of the Employee's:
(f) Daily start and finish time;
(g) Time lunch and crib breaks taken;
(h) Details of allowances paid;
(i) Total gross allowances paid; and
U) Tax deducted from wages per week and year to date.
29.4 An Employer must not falsify payslips or employee records as required.
30 Inclement Weather
30.1 This inclement weather clause sets out the full rights, obligations and
entitlements of the Parties and establishes the conditions under which payment

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for periods of inclement weather shall be made.

30.2 This Inclement Weather clause is to be read and observed in lieu of the
provisions of the Award.
30.3 The purpose of this clause is to set out the procedures and processes which
must apply concerning the suspension of work in areas exposed to inclement
weather as defined, and prescribes the conditions regulating payment of
ordinary time wages for Employees who cannot be re-assigned to work out of
the inclement weather.
(a) Definition
(i) Inclement weather shall mean the existence of rain or abnormal
climatic conditions (whether they be those of hail, snow, cold, high
wind, severe dust storm, extreme high temperature or the like or
any combination thereof) by virtue of which it is either not
reasonable or not safe for Employees exposed thereto to continue
working whilst the same prevail.
(b) Hot weather guidelines
(i) Under this Agreement, temperature of or above 35°C shall be
defined as constituting 'inclement weather' for work in the Greater
Melbourne area. This definition will be subject to review in other
regions.
(ii) When it is expected that the temperature will be 35°C or more, or
when the temperature approaches 35°C, the Parties on site shall
confer regarding the performance of work. If work has ceased for
two consecutive days due to hot weather and the Bureau of
Meteorology (BOM) has forecast that the temperature will reach
35°C on the following day and the BOM has also forecast a cool
change for that day, the Employees on site on that day will remain
in air conditioned amenities for one and a half hours after the
temperature reaches 35°C. If the temperature drops to below
33°C, the Employees will return to work. The Parties will also adopt
this procedure for any subsequent days where the BOM forecasts
that the temperature will reach 35°C or more.
(iii) As part of a process leading to improvements, it is recognised that
hot weather procedures including relocation, must be part of a
formal OH&S procedures developed, adopted and managed on a
project basis having regard to the different conditions that may
prevail on projects in various locations.
(c) High Winds
(i) The occurrence of high winds, whilst constituting 'inclement
weather' affecting some work processes, does not give rise to an
entitlement for any Employee whose work is suspended to leave
the site and be paid. Payment will not be made for time so lost.
The provisions of clauses 30.4 and 30.5 do not apply to the time

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--------~any-work-is.suspended_dueJothe_effects_otbigb_wind. ____________
(d) Temperature Measurement
(i) Temperature will be measured by the nearest automatic
Melbourne Bureau of Meteorology Monitoring Station unless
otherwise agreed between onsite management and Employee
representatives at the commencement of each project. If any
disputation under this clause cannot be resolved at the workplace
level, it will be referred to the Disputes Panel under clause 10 of
the Agreement as soon as practicable.
(e) Working Arrangements
(i) The former industry practice whereby all Employees on site
working in direct sunlight were relocated to shaded or air-
conditioned areas when the temperature reached 32°C, will no
longer operate.
(ii) At temperatures below 35°C workers are not to be relocated out of
direct sunlight unless the work environment creates a serious risk
to their health and safety, having regard to the nature of the tasks
being undertaken, provided that the task or activity being
performed is completed and the penalty provisions as for
emergency work under the Award shall apply.
(iii) Once the temperature reaches 35°C work will cease, and workers
may leave the site, provided that the task or activity being
performed is completed and the penalty provisions as for
emergency work under the Award shall apply.
(iv) During periods of hot weather, work in air conditioned
environments shall continue as normal. Workers will walk a
reasonable distance through the open to and from amenities and
the air-conditioned work space, provided it does not pose a serious
threat to their health or safety. Alternatively, where the Employer
can artificially ventilate covered spaces onsite and reduce the
temperature to below 35°C, work may continue as normal subject
to consultation and agreement with affected Employees to comply
with the provisions of this clause.
(v) By agreement with the OH&S committee and head contractor
during periods of inclement weather (heat) the Saturday break
roster can be applied to weekday work.
(f) Payment
(i) An Employee shall not be entitled to payment for inclement
weather as provided for in this clause unless the Employee
remains on the job until the provisions set out in this clause have
been observed.
(ii) The entitlement to payment for time lost due to Inclement Weather

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is an entitlement limited to ordinary time lost, and does not apply to

overtime and/or weekend work. Should overtime or weekend work
be suspended due to inclement weather, then overtime payments
will cease subject to the provisions of this Agreement concerning
minimum payment for Saturdays and Sundays in which case the
minimum time payments as prescribed by the Agreement shall
apply.
(iii) Payment for time lost due to inclement weather is at the rate of
Ordinary Time Earnings.
(iv) All necessary steps shall be taken to ensure a full working
understanding of the inclement weather standards, as contained in
this Agreement, is achieved and maintained by the management
and workers.
(v) Should a portion of the project be affected by inclement weather,
all other Employees not affected shall continue to work in
accordance with the appropriate Agreement provisions, regardless
that some Employees may be entitled to cease work due to
inclement weather.
(vi) Should a portion of the project be affected by inclement weather,
Employees can be transferred to another work location under
cover on the site or to another site in accordance with the
provisions prescribed herein.
(vii) Employees who are required to commence work at or after the end
of the ordinary day work hours and when the temperature is at or
over 35°C will remain on site in air conditioned amenities for a
minimum two hours, holding themselves available to commence
work should the temperature fall below 35°C.
(viii) Prior to any Employee leaving the site due to inclement weather,
consultation shall take place between Employee Representatives
and Site Management. Any stoppage of work, or withdrawal from
site, without due consultation will mean that all involved Employees
are denied an entitlement to payment as per this clause.
(g) Entitlement to payment
(i) An Employee shall be entitled to payment by the Employer for
Ordinary Time Earnings lost through inclement weather for up to
32 hours in every four weeks. For the purpose of this sub-clause
the following conditions shall apply:
(A) The first period shall be deemed to commence on 28
February 2005 and subsequent periods shall commence at
four weekly periods thereafter.
(B) An Employee shall be credited with 32 hours at the
commencement of each four weekly period.

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------------------------ (C)__ The number of hours at the credit of any Emi:iloyee at any_ _ _ _ _ __
time shall not exceed 32 hours.
(D) If an Employee commences employment during a calendar
month the Employee shall be credited 32 hours where the
employee commences on any working day within the first
week; 24 hours where the employee commences on any
working day within the second week; 16 hours where the
Employee commences on any working day within the third
week; and 8 hours where the Employee commences on any
working day within the fourth week.
(E) No Employee shall be entitled to receive more than 32 hours
inclement weather payment in any calendar month.
(F) The number of hours credited to any Employee under this
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _clause_sbalL.b.e_re.duce.d_by_tbe_numb.eLof.b.o_ms_foLw.blc,,~-------
payment is made in respect of lost time through inclement
weather.
(G) Payment under this clause shall be weekly.
(ii) Provided further and subject to clause 30.3(g)(i)(D), an Employee
working on a part time weekly basis shall be entitled to payment on
a pro-rata basis according to the number of ordinary hours agreed
to be worked in the four week period. The method of calculation of
a part-time daily hire Employee's proportionate entitlement shall be
as follows:
32 x Number of hours agreed to be worked during the four week period

152

(h) Transfers
(i) Employees may be transferred from one location on a site where it
is unreasonable to work due to inclement weather, to work at
another location on the same site, or another site, which is not
affected by inclement weather subject to the following:
(A) No Employee shall be transferred to an area not affected by
inclement weather unless there is work available in the
Employees' classification.
(B) Employees may be transferred from one location on a site to
work in areas which are not affected by conditions of
inclement weather even though there may not be work for all
Employees in such areas.
(C) Employees may be transferred from one site to another site
and the employer shall provide, where necessary, transport.

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(i) Conference Requirement and Procedure

(i) The Employer, or the Employer's representative, shall, when
requested by the Employees or their Employee Representative/
Union Delegate, confer (within a reasonable period of time which
should not exceed 1/2 hour) for the purpose of determining
whether or not conditions are inclement.
(ii) Provided that if the Employer or the Employers' representative
refuses to confer within such reasonable period, Employees shall
be entitled to cease work for the rest of the day and be paid
inclement weather.
U) Cessation and Resumption of Work
(i) At the time Employees cease work due to inclement weather the
Employer or the Employer's representative on site and the
employee's representative shall agree and note the time of
cessation of work.
(ii) After the period of inclement weather has clearly ended the
Employees shall resume work and the time shall be similarly
agreed and noted.
(k) Safety
(i) Where an Employee is prevented from working at the Employee's
particular function as a result of unsafe conditions caused by the
inclement weather, the Employee may be transferred to other work
in the Employee's classification on site, until the unsafe conditions
are rectified. Where such alternative is not available and until the
unsafe conditions are rectified, the Employee shall remain on site.
The Employee shall be paid for such time without reduction of the
Employees' inclement weather entitlement.
30.4 Requirements for Work to Continue on Sites Affected by Wet Weather
(a) Where Employees are prevented from working because it is raining:
(i) for more than an accumulated total of four hours of ordinary time in
any one day; or
(ii) after the meal break, for more than an accumulated total of 50% of
the remaining work time
(iii) during the final two hours of the normal working day for more than
an accumulated total of one hour;
the Employer shall not be entitled to require the Employees to remain on
site beyond the expiration of any of the above circumstances.
(b) Provided that where, by agreement between the Employer and/or the
Employer's representative and the Employee's representative, the
Employees remain on site beyond the periods specified above, any such
additional wet time shall be paid for but shall not be debited against the

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-~~~~-Employ.e.e.s'_bo.urs . _- - - - - - - - - - - - - - - - - - - - - - - - ~
30.5 Rain at Starting time
(a) Where the Employees are in the sheds, because they have been rained
off, or at starting time, morning tea, or lunch time, and it is raining, they
shall not be required to go to work in a dry area or to be transferred to
another site unless:
(i) The rain stops; or
(ii) A covered walkway has been provided; or
(iii) The sheds are under cover and the Employees can get to the dry
area without going through the rain; or
(iv) Adequate protection is provided. Protection shall, where
necessary, be provided for the Employees' tools.
(v) In the case of mechanical plant operators carrying out early works
as the principal activity or mechanical plant demolition on a site
and they have a dry cabin to work from and they can safely access
their cabin without getting "drenched", they will return to work so
long as the work itself is safe to perform. The Employer will ensure
that other necessary personnel are provided to ensure safety of
the workforce and the public.
(b) In this clause, a dry area shall mean a work location that has not become
saturated by rain or where Employees would not become wet.
30.6 Dewatering
(a) Where the whole of a site is so affected by surface water following a
period of rain that all productive work is suspended by agreement of the
Parties, then dewatering shall proceed as above with Employees so
engaged being paid at penalty rates as is the case for safety rectification
work. This work is typically performed by Employees engaged within
CW1, CW2 or CW3 classifications. When other Employees are
undertaking productive work in an area or areas not so affected then
dewatering will only attract single time rates.
(b) Where a part of a site is affected by surface water following a period of
ra.in, thus rendering some areas unsafe for productive work, consistent
with the Employer's obligations under the OH&S Act, appropriate
Employees shall assist in the tidying up of their own work site or area if it
is so affected. Where required, appropriate Employees will be provided
with the appropriate PPE. Such work to be paid at single time rates.
Productive work will continue in areas not so affected.
(c) To avoid any confusion any 'dewatering' time which prevents an
Employee from being engaged in their normal productive work is not
included in any calculation for the purposes of determining whether an
Employee is entitled to go home due to wet weather (refer clauses 30.4
and 30.5)

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30.7 Completion of Concrete Pours and Emergency Work

(a) Except as provided in this sub-clause an Employee shall nor work or be
required to work in the rain.
(b) Employees shall not be required to start a concrete pour in inclement
weather.
(c) Where a concrete pour has been commenced prior to the
commencement of a period of inclement weather Employees may be
required to complete such concrete pour to a practical stage and for such
work shall be paid at the rate of double time calculated to the next hour,
and in the case of wet weather shall be provided with adequate wet
weather gear.
(d) If an Employee's clothes become wet as a result of working in the rain
during a concrete pour the Employee shall, unless the Employee has a
change of dry working clothes available, be allowed to go home without
loss of pay.
(e) The provisions of clauses 30.7(c) and 30.7(d) hereof shall also apply in
the case of emergency work where the Employees concerned and their
delegates agree that the work is of an emergency nature and can start
and/or proceed.
31 Training and Related Matters
31.1 This clause covers training and related matters not covered by clause 14.8.
31.2 The Parties recognise that in order to increase the efficiency and productivity of
the Employer, a significant commitment to structured training and skills
development is required. The Employer recognises its obligation to contribute
to the skills and knowledge base of the industry.
31.3 The Parties will consult on the development of training programs which are
consistent with the following:
(a) Assessment of Employee skills will be against those required in the
nationally recognised formal training package relevant to their work. Any
necessary training will be provided to attain the relevant nationally
recognised formal qualification.
(b) Training provided will be consistent with the Employer's business
requirements, relevant to the work of the Employees, consistent with the
skills development of each Employee and with applicable national
competency standards.
(c) Training may be taken either on or off the job with all reasonable steps
being taken to conduct training in normal working hours.
(d) If an approved training activity is undertaken during ordinary working
hours, the Employee/s concerned shall not suffer any loss of pay.
(e) Approved training activities undertaken outside of ordinary hours will be
paid at single time or may, with the consent of the Employer, be taken as
time off in lieu of payment. Provided that the scheduling of time off must

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_ _ _ _ _ _ _ _ _ _ _ _ _ _be consistent with the needs of the business and be by_c1g[eeme"n.,.t~w.,.it"'h_______ ,

the Employer.
(f) Training costs of courses approved by the Employer will be met by the
Employer (e.g. White Card).
(g) The Employer will not be asked to meet the costs of training undertaken
by Employees which was not approved by the Employer.
(h) Leave of absence granted pursuant to this clause shall count as service
for all purposes of the Award and this Agreement.
(i) For the life of this Agreement, the Employer will pay for any training
necessary for non-trades Employees to obtain and maintain any licenses
and/or registration, required for the Employee to perform work applicable
to the Employee's current classification, as required by law.

--------~3~1~.4~_T=o~p~ro~v"'id""e"'""a"'ny'-'"'tr=a"-in"'in-"gLd~e~a,,,l""ing with nationally recognised formal ualifications

contemplated by this clause 31, the Employer will use:
(a) an RTO funded by the Victorian Building and Construction Industry
Training Fund; or
(b) an Industry RTO as defined in clause 31.5; or
(c) a TAFE.
31.5 For the purposes of this clause, an Industry RTO is an RTO or a TAFE that
meets the following criteria:
(a) Training and assessment in the relevant qualification or accredited short
course is delivered in accordance with the National Competency
Standards or industry State-based competency standards in recognised
short courses;
(b) All structured training is aligned with the NCVER nationally agreed
nominal hours associated with the course or qualification and a
documented rationale is provided when deviation from nominal hours
occurs for a particular student;
(c) Where applicable, log books of practical application of skills are provided
and monitored;
(d) Access to pastoral support for students is provided;
(e) Expertise in meeting the needs of a diverse cohorts of students including
language, literacy, numeracy and learning needs is demonstrated;
(f) Use of online resources is restricted to use as a study tool;
(g) No credential is assessed online unless exceptional circumstances
apply; and
(h) Access is available to all plant and equipment required to successfully
train and assess in the competencies to be delivered.

32 Licensed trades - recognition of prior learning

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32.1 The Parties recognise the importance of the Victorian Government's proposal
to introduce a new registration and licensing scheme for tradespeople that is
aimed at reducing non-compliant building work, enhancing industry
accountability and encouraging skills formation.
32.2 If a licensing or registration of trades scheme is introduced during the life of the
Agreement, the Employer commits to consulting with its affected Employees in
good faith, for the purposes of establishing a framework for compliance that is
fair and practical.
33 Accident Pay and Workers Compensation
33.1 Accident pay means a weekly payment of an amount being the difference
between the weekly amount of compensation paid to the Employee pursuant to
the relevant workers compensation legislation and the Employee's appropriate
36 hour rate prescribed in Appendix B of this Agreement (pro-rata for part time
and casual Employees).
33.2 The Employer shall pay accident pay, during the incapacity of their Employee/s
arising from any one injury, for a total of fifty-two (52) weeks - irrespective of
whether such incapacity is in one continuous period or not. The calculation of
the 52 weeks shall be that period of time, irrespective of whether is in one
continuous period or not, during which the Employee receives a weekly amount
of compensation paid pursuant to the relevant workers compensation
legislation.
33.3 The liability to pay accident pay arises from the date of the injury or accident in
respect of which compensation is payable under the said relevant workers
compensation legislation and the termination of the Employee's employment
for any reason during the period of any incapacity shall in no way affect the
liability of the Employer to pay accident pay as provided in this clause.
33.4 In the event that an Employee receives a lump sum in redemption of weekly
payments under the said relevant legislation, the liability of the Employer to pay
accident pay as herein provided shall cease from the date of such redemption.
33.5 Employee Entitlements while on Worker's Compensation
If an Employee is absent from work and is in receipt of worker's compensation,
the Employee's contract of employment shall remain intact during the period of
absence, the Employer shall continue to make contributions on behalf of the
Employee to all the Employee Entitlement Funds as outlined in clauses 20 to
23 (inclusive) of this Agreement. The Employee shall also continue to accrue
all appropriate leave entitlements for the entire period for which worker's
compensation is in receipt.

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----P-AR-'"f~--HG61R8-GF-WGRK-AN9 RE~A~Eg, _ __
MATTERS
34 Hours of Work
34.1 Ordinary hours of work will be eight (8) hours per day, Monday to Friday with
the notional weekly hours based on a 36 hour week in accordance with clause
36.
34.2 Starting/Finishing times
(a) Ordinary daily hours may be worked between the hours of 6:00 am and
6:00 pm.
34.3 Subject to clause 34.4, the Employer has the right to otherwise alter start and
------------iinisl:1-times-witl:lin-tl:le-Spread-0f-0rdinary-daily-l:10urs~J2ri0r-t0-altering-start-anA-- - - - - -
finish times (other than in accordance with clause 34.4) the Employer will
consult with the affected Employees and
(a) provide not less than eighteen hours of notice to affected Employees of
the change to start and finish times; and
(b) have regard to the intention of avoiding excessive overtime.
34.4 Without limiting the Employer's rights expressed in clauses 34.2 and clause
34.3, where the Employer has identified that a set starting time creates
problems with the efficient movement of the workforce to their workplaces, the
Parties agree to consult jointly with affected Employees to establish an efficient
start time regime.
34.5 Where a dispute arises over the Employer's exercise of the right to alter start
and finish times under this clause and it cannot be resolved at the workplace
level, any Party may refer the dispute directly to the Disputes Panel for
conciliation and/or resolution under clause 10 of this Agreement. All Parties
will cooperate with the requests of the Disputes Panel including requests to
provide substantiating information. For the avoidance of doubt, an Employee
may appoint a representative in relation to such a dispute.
35 Shiftworkers
35.1 Shiftworker for the purposes of this clause is defined as an Employee who
performs Shiftwork and who starts or finishes a shift outside of the ordinary
hours set out at clause 34.2 above.
35.2 A Shiftworker shall be paid at the rate of double time for all hours worked.
35.3 An Employee who has to work Shiftwork shall be given at least 48 hours of
notice of the requirements to work shift work.
36 Rostered Days Off
36.1 The ordinary working hours shall be worked in a 10 day/2 week cycle, Monday
to Friday inclusive with eight hours worked on each of nine days within the

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cycle and with 0.8 of an hour on each of those days accruing toward the tenth
day, which shall be taken as a paid day off. The tenth day will be known as the
Rostered Day Off or (RDO).
36.2 RDOs are paid at the ordinary time rate paid to Employees at the time of taking
the RDO, and will include the daily 'Fares & Travelling Allowance', and any
applicable Site Allowance as prescribed by this Agreement.
36.3 For clarity, 26 RDOs will be accrued by an Employee in each twelve months
continuous service. The Employer must maintain a RDO accrual system that
accurately records the accrual of RDOs in accordance with this Agreement.
36.4 Each day of paid leave taken and any public holiday occurring during any cycle
of two weeks will be a day worked for accrual purposes.
36.5 Upon commencement of employment, Employees who have not worked a
complete ten day/two week cycle, will receive pro-rata accrual entitlements for
the first RDO or group of RDOs falling after their commencement of
employment. Thereafter, for the duration of employment with the Employer,
RDOs will be paid in full as they occur.
36.6 Upon termination of employment, an adjustment will be made to ensure that
the full RDO entitlements, and no more, have been provided. This means that
Employees then having received more RDOs than they were entitled to will
have the relevant amount removed from final termination payments, and
Employees who have received less than their full RDO entitlement will have the
outstanding amount added to final termination payments.
36.7 RDO Schedule/ Working Day Calendar
(a) The Employer recognizes that hours accrued in accordance with
clause 36 create a bank of hours to be drawn upon by the Employee, as
a paid RDO. The Employer recognizes that Employees are entitled to
take off days accrued in accordance with this clause.
(b) The agreed indicative RDO/Working Day Calendars for 2020 to 2026 are
attached at Appendix D of this Agreement.
(c) For the avoidance of doubt, nothing in the arrangement for an indicative
RDO / Working Day Calendar is intended to impose a limit on the ability
of the Employer to determine with its Employees when and where work
can be performed to meet operational requirements or otherwise limit the
Employer's right to manage its business and improve productivity.
36.8 Work on Scheduled RDOs
Circumstances
(a) Work may take place on a scheduled RDO or on any substituted day
where it is required by the Employer and such work is necessary to meet
operational requirements, manage its business and/or improve
productivity.

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-------------~Exao:,ples_oLV\lhece_w_o_r~JJJJaY_t<!]s,,tplace include, but ar_e_JJ<:>tJimitedto, _ _ _ _ _ __ j

the following:
(i) to allow other Employees to be employed productively, to carry out
out-of-hours maintenance; or
(ii) because of unforeseen delays to a particular project or a section of
it; or
(iii) for other reasons arising from unforeseen or emergency
circumstances on a project.
Such requirement must be based on genuine circumstances.
(b)
For the avoidance of doubt, unforeseen or emergency circumstances
include, but are not limited to: excessive periods of inclement weather,
matters not necessarily the fault of the Employer which has led to the
_ _ _ _ _ _ _ _ _ _ _ _ __,).[Qject being delayed or behind schedule the re uirement to meet the
Employer's work program and unexpected delays in the project due to
scheduling of other works or supply of materials, or work that cannot be
performed on other days because of municipal council restrictions, or
other relevant laws or regulations.
Procedure
(c) Where the Employer requires work to be performed on a Scheduled
RDO (or any substituted day) because of the existence of any of the
above, it will:
(i) Consult with the affected Employees within a reasonable
timeframe;
(ii) Determine that affected Employees agree to work on the
Scheduled RDO; and
(iii) Provide affected Employee/s the opportunity to notify the Union or
other chosen representative of the Employee/s in writing (fax or
email) prior to the RDO that work will be performed. The attached
notification form (Appendix J) may be used for this purpose.
(d) The Employer is committed to providing as much notice as is reasonably
practicable of a requirement to work. Wherever possible, the process
outlined above will occur at least 9 calendar days prior to the RDO in
question.
(e) An Employee may refuse to work on a scheduled RDO (or any
substituted day) if the requirement to do so is plainly unreasonable
having regard to:
(i) the hours of work that will be worked by that Employee in the week
of the scheduled RDO;
(ii) the number of scheduled RDOs worked by the Employee within
the previous six weeks;

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(iii) the Employee's family responsibilities; and

(iv) any other special circumstances peculiar to the Employee.
Applicable Rates for Work on Schedule RDOs
(f) An Employee required to work who has been consulted with in
accordance with the Procedure, in addition to accrued entitlements, will
be paid at the ordinary hourly rate prescribed in this Agreement for the
Employees' classification.
(g) An Employee required to work who has not been consulted with in
accordance with the Procedure, in addition to accrued entitlements, will
be paid as if they were undertaking Public Holiday Work in accordance
with clause 37 .8 of this Agreement.
Scheduled RDOs on Designated Long Weekends
(h) It is recognised that there is merit in programming no work on the RDOs
adjacent to public holiday weekends during the working year. This will
allow Employees to have quality paid family leisure time.
(i) A Designated Long Weekend (DLW) is a weekend where an RDO below
falls adjacent to (either before or after) a public holiday.
U) Where work is required on RDOs which falls on a DLW, the Procedure
will be followed, and agreement must be reached between the Employer
and a majority of affected Employees.
(k) An Employee required to work, in addition to accrued entitlements, will
be paid as if they were undertaking Public Holiday Work in accordance
with clause 37.8 of this Agreement, for each weekend day, the public
holiday and the RDO.
(I) All Employees who work on the Scheduled RDO will be granted an
alternative RDO to another day falling within six weeks of the originally
scheduled day provided that the re-scheduled RDO is to be taken on a
day or days adjacent to a weekend or in conjunction with annual leave,
or as otherwise agreed between the Employer and the majority of its
affected Employee/s, such agreement shall not to be unreasonably
withheld.
Note 1: See also Easter and Christmas Shut Down at clause 39.7.
36.9 Disputes concerning the Employer's intent to work on a particular
scheduled RDO
(a) Where in accordance with the disputes resolution procedure, the union
has been advised by the affected Employees of a concern regarding the
process undertaken to work on the scheduled RDO (or substituted day) it
will, by close of business on the Monday following the provision of the
Employer's notification, notify the Employer and the Disputes Panel of
this concern.

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_____________(1:/)_~iy_eoJhe nature of the LffgEt0J::Y of such matters, the Disputes Panel will
prioritise such disputes to be heard within 1 working day (where
practicable).
(c) Prior to the scheduled Disputes Panel hearing, the Parties may hold
discussions to attempt to resolve the matter.
(d) Where the union fails to notify the Employer and the Disputes Panel by
close of business on the Monday following the provision of the
Employer's notification, work shall be performed on the scheduled RDO
(or substituted day) in question unless prior to the scheduled RDO (or
substituted day), the Disputes Panel has heard the matter and
determined that the necessary requirements for working on a schedule
RDO (or substituted day) under this clause have not been met by the
Employer.
--------------<·e.)_l/l/_her:e_ao£mpJ.0¥e.e.(.s.),_ao£mpJ.o.y.e.e_repLe.s.e.ntatiY.e_oL.lbe_uni.o.o.b.av_e__c,__ _ _ __
concern over the Employer's operation of this provision, they may at any
time request to review the Employer's practice. If necessary, the matter
could be referred to the Disputes Panel for review.
(f) Any such review must be independent of any particular intention to work
on a scheduled RDO.
36.10 Unforeseen and Emergency Scheduled RDO work where Notice not
Provided
(a) If notice is not provided by the Employer in accordance with clause
36.8(c) and {d) then the affected Employees, in addition to accrued
entitlements, will be paid as if they were undertaking Public Holiday Work
in accordance with clause 37.8 of this Agreement.
36.11 Alternate RDOs
(a) Where the Employer and a majority of the Employer's Employees at an
enterprise or job site agree, another day may be substituted for the
scheduled RDO.
(b) Wherever possible, such agreement will take place 5 working days prior
to the change being implemented.
(c) Where there is a dispute in relation to an alternate RDO and it is unable
to be resolved at the workplace level, the matter may be determined in
accordance with clause 10- Disputes Resolution Procedure of this
Agreement.
36.12 Banking of RDOs
(a) Where the Employer and an Employee agree up to five RDOs may be
accrued for the purpose of creating a bank to be drawn upon by the
Employee at times mutually agreed.
Details of such banked RDOs will be entered on to each Employee's
employment records.

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(b) Where there is a dispute in relation to the operation of this sub-clause

and it is unable to be resolved at the workplace level, the matter will be
determined in accordance with clause 10- Disputes Resolution
Procedure of this Agreement.
37 Overtime
37.1 Except as varied herein, overtime will be worked in accordance with the
provisions of the Award.
37.2 Such overtime will be calculated by applying the divisor of 1136th to the
Employee's weekly rate as prescribed herein.
37.3 All overtime shall be paid at double Ordinary Rates.
37.4 Overtime meal allowance
Subject to the eligibility requirements of clause 20.2 of the Award, an
Employee required to work overtime for one and one half hours or more after
working ordinary hours must be paid by the employer an overtime meal
allowance as outlined in the table below:
From the first pay period commencing on or after 1 $27.47
October 2020
Overtime meal allowance will be adjusted annually in accordance with CPI (All
Groups, Melbourne) movements measured in the twelve month period ending
the previous December quarter effective as of 1 March from 2021 onwards,
rounded to the nearest cent.
37.5 Leisure Time Protected
(a) It is the intention of the Employer and Employees that excessive
overtime will not be worked.
(b) To this end the general standard of weekly hours will usually not be more
than 56 per week (Monday to Saturday) for an individual Employee,
provided that the aforesaid 'usual weekly hours' may by agreement be
exceeded from time to time to meet the needs of the project, or a specific
task on a project.
(c) Reflecting this intention, it is recognized that:
(i) The employer is not restricted as to the setting of daily hours within
the 56 hour standard;
(ii) It is acknowledged that additional hours are necessary for
particular personnel (e.g. [without limiting the foregoing] peggies;
first aiders; hoist drivers; concrete finishers; site security
personnel), and such situations are not affected or restricted by
this provision, as they are agreed to be a normal necessity of the
industry;
(iii) If time is lost on a project due to any reason including (without
limiting the foregoing) Inclement Weather, then such time may be
made up by the scheduling of additional overtime provided that the

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_Jo_t,il_bo_urs_dp_op_t_exceed 56 hours for the weekfgr t~he~in~d=iv~id=u=a=I_ _ _ _ _ __

Employee;
(d) Nothing in this clause shall be read as to imply that payment as for 56
hours is guaranteed, and nothing in this clause shall diminish the right of
the employer to schedule a lesser weekly program of hours.
(e) An Employee may refuse to work overtime in circumstances where the
working of such overtime would result in the Employee working hours
which are unreasonable having regard to matters including:
(i) any risk to Employee health and safety including the risk of fatigue
i.e. excessive hours, exposure to noise, fumes, or any matter that
can impair an employee's ability to work safely and/or create a
danger to Employees;
(ii) the Employee's personal circumstances including any family
----------------r=e=s=po=n=s115ilit1es;

(iii) the needs of the workplace or enterprise;

(iv) the notice (if any) given by the employer of the overtime and by the
Employee of his or her intention to refuse it; and
(v) any other relevant matter.
37.6 Offer and Acceptance of Weekend Overtime
(a) The Employer is committed to providing reasonable notice to Employees
of an offer/ cancellation of weekend overtime. To this end, notice will
generally be provided prior to the normal meal break on Thursday.
Where the Employer is unable to give such notice the Employer may
offer/ cancel such overtime by notifying affected Employees before the
finish time of ordinary hours on Friday.
(b) Overtime will be offered on a work required basis.
(c) Employees who accept an offer of weekend overtime will be obliged to
attend. However, Employees may find themselves unable to fulfil their
commitment to attend site. Such Employees will notify the Employer
before the planned finishing time on Friday.
(d) An Employee may refuse to work weekend overtime if the requirement to
do so is plainly unreasonable having regard to:
(i) the hours of work that will be worked by that Employee in the week
of the weekend overtime;
(ii) the amount of weekend overtime worked by the Employee within
the previous six weeks;
(iii) the Employee's family responsibilities; and
(iv) any other special circumstances peculiar to the Employee.

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37.7 Minimum Payment

(a) Overtime worked on a Saturday or Sunday will be paid for at the rate of
double Ordinary Rates. Employees required to work on a Saturday or
Sunday will be afforded a minimum 4 hours work, or be paid as if for 4
hours at the aforementioned overtime rates.
37.8 Public Holiday Work
(a) For Employees other than Shiftworkers, double time and a half must be
paid for any Public Holiday Work with a minimum payment of four hours.
(b) For Shiftworkers, double time and a half (inclusive of their shift loading)
must be paid for any Public Holiday Work with a minimum payment of
four hours.
37.9 Work on Fridays
(a) This clause only applies in circumstances where clause 37.5 - Leisure
Time Protected applies.
(b) The Employer and Employees will endeavour to ensure that wherever
possible and subject to operational requirements, normal productive
work shall cease at the finish of ordinary hours on Fridays.
(c) Operational requirements that would require productive work to continue
past this time include, but are not limited to circumstances where such
work will be able to continue if the work is necessary for the production
schedule to be maintained or to ensure that other Employees can be
productively employed.
(d) Other circumstances where work will be able to continue include the
following: to recover time lost due to excessive periods of inclement
weather, matters not necessarily the fault of the employer which have led
to the project being delayed or behind schedule, the requirement to meet
the Principal's work program and unexpected delays in the project due to
scheduling of other works or supply of materials.
Note 1: An Employee has the right to determine their representation (if any) in
accordance with Part 7 - Employee Representation of this Agreement.
38 Breaks
38.1 One 10 minute paid morning rest break and one 30 minute unpaid lunch break
will be scheduled within 6 hours after work starts. Where an Employee is
required to work more than two hours overtime after the usual ceasing time of
the day or shift they shall be allowed a 20 minute rest break paid at ordinary
time rates prior to commencing overtime. Employees who take payment in lieu
of stopping work for this break will be regarded as having worked a further 20
minutes and shall be paid at overtime rates.
38.2 An Employee working overtime on a Saturday, Sunday or Public Holiday shall
be allowed a 30 minute combined Rest Period/Meal/Crib Break after four hours
work, such time to be paid at double ordinary time rates, with a further 20

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_ _ _ _ _ _ _ _ _ _ _ _,mioute_Crib_bLeaUo_b_e_p_aid_at_dp_u_llle_QrPin<Lry time rates if tbe_o_vertime_ .

continues past 8 hours worked.
38.3 In the case of overtime work being cancelled by the Employer at the end of the
4 hour minimum or any time thereafter, Employees will, in addition to the
payments as prescribed, be paid for the 30 minutes combined Crib/Meal/Rest
Period if not already taken.
38.4 If work proceeds beyond the 4 hours minimum then Employees will be paid for
all time so worked.
38.5 Minimum Break between Shifts
Where it is necessary to work extended overtime, it is agreed that no
(a)
Employee shall resume or continue to work without having had ten
consecutive hours off duty between the termination of the overtime and
the commencement of the Employee's ordinary work on the next day or
--------------sn1ft.

(b) In the event that an Employee agrees to a request from site

management to resume or continue to work without having had ten
consecutive hours off duty, the Employee shall be paid at double
ordinary time rates until the Employee is released from duty for such
period.
(c) If the Employee has worked extended overtime on two consecutive days
where they have had two ten consecutive hours off duty and in the event
of any further extended overtime, the Employee shall not resume or
continue to work without having had twelve consecutive hours off duty in
the event that an Employee agrees to a request from site management
to resume or continue to work without having had twelve consecutive
hours off duty, the Employee shall be paid at double Ordinary Rates until
the Employee is released from duty for such period.

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PART 6 - LEAVE AND PUBLIC HOLIDAYS

39 Annual Leave
39.1 Employees (other than casuals) will be entitled to 4 weeks paid annual leave
per annum, provided that Continuous Shiftworkers shall be entitled to one
additional week's paid annual leave.
39.2 An Employee's entitlement to paid annual leave accrues progressively during a
year of service according to the Employee's ordinary hours of work, and
accumulates from year to year.
39.3 The Employer must maintain a leave accrual system that accurately accrues
annual leave progressively throughout the year in accordance with this
Agreement.
39.4 Annual Leave is paid at the Ordinary Rate being paid to the Employee
immediately prior to the taking of the Annual Leave, plus 17.5% loading.
39.5 Taking of Annual leave
(a) Other than the Easter and Christmas Shutdown outlined in clause 39.7,
the Employer and Employee shall seek to reach agreement on the taking
of annual leave at a mutually convenient time. The Employer will not
otherwise unreasonably refuse an Employee's request to take annual
leave.
(b) The Employer cannot otherwise direct an Employee to take Annual
Leave unless the Employer directs an Employee to take excessive
accrued Annual Leave in accordance with clauses 38.6 - 38.8 of the
Award.
39.6 Annual Leave upon termination
(a) On termination of employment, the value of any accrued but untaken
annual leave shall be paid out to an Employee.
(b) Leave loading will also apply to annual leave paid out upon termination.
39.7 Easter and Christmas Shut Down
(a) Subject to clause 39.7(e), it is agreed that annual leave is to be taken as
per the agreed indicative RDO / Working Day Calendars in Appendix D
to this Agreement.
(b) An Employee required to work who has been consulted with in
accordance with the Procedure in clause 36.S(c), in addition to accrued
entitlements, shall be paid 300 percent of the hourly rate prescribed in
this Agreement for the Employee's classification, for work on any day,
between and inclusive of Christmas Day and New Years Day and any
day, between and inclusive of Good Friday and Easter Monday.

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- ~ - - ~ - - - - - ~ J c L __)ll.lb_ereJb_e_EmpJQ,-er decides to close a site over the Easter and

Christmas/New Year period in excess of the agreed Shut Down period,
the Employer shall give at least 2 months' notice to Employees.
(d) Employees who do not have sufficient leave may be given Annual Leave
in advance or leave without pay.
(e) Notwithstanding anything elsewhere contained in this Agreement, the
Employer may request any Employee to work during Easter and/or the
Christmas period where necessary to meet operational requirements.
Operational requirements include, but are not limited to, unforeseen or
emergency circumstances, as well as work on essential projects such as
schools, hospitals, manufacturing industry shutdowns, etc. In any such
event the Employer shall recognise the individual right of Employees not
to work, provided that Employees shall not unreasonably refuse such a
request.
(f) The Employer is committed to providing as much notice as reasonably
practicable regarding the proposal to work. Whilst it is recognised that
some circumstances may prevent the ability to provide reasonable
notice, where practicable, 2 months' notice of the intention to work over
this period be provided.
(g) Where work is required during the Easter and Christmas Shut Down, the
Employer will consult, and agreement must be reached between the
Employer and a majority of affected Employees.
(h) Where the Employer seeks to perform work to ensure public safety or
amenity, and/or performs essential works on community, education
and/or health projects refer to paragraphs (e) - (g) above.
39.8 No Cashing Out
(a) It is a breach of this Agreement for an Employee to be paid his/her full
accrual, or part thereof, of annual leave at Christmas or any other time,
unless that Employee takes such annual leave or his/her employment is
terminated. Employment is not to be terminated for reasons of avoidance
of this sub-clause.
39.9 Public Holidays falling within Annual Leave
(a) If a Public Holiday, as prescribed in this Agreement, falls within an
Employee's annual leave the Public Holiday does not constitute part of
the Employee's annual leave and will be paid as ordinary hours.
39.10 Employee not taken to be on paid Annual Leave at Certain Times
(a) If the period during which an Employee takes paid annual leave includes
a period of other leave e.g. a scheduled RDO, personal leave, or a
period of absence for community service leave, the Employee is taken
not to be on paid annual leave for the period of that other leave or
absence.

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40 Public Holidays
40.1 Employees shall be entitled to be absent from work on the following public
holidays:
(a) New Year's Day
{b) Australia Day
(c) Good Friday
(d) Easter Saturday
(e) Easter Sunday
(f) Easter Monday
(g) Queen's Birthday
{h) Labour Day
(i) Anzac Day
0) Christmas Day
(k) Melbourne Cup Day (or alternative days in regional areas)
{I) Boxing Day
(m) Grand Final Eve (Friday before the AFL Grand Final)
40.2 If any of these holidays in clause 40.1 above are declared not to be holidays in
Victoria, they will no longer be public holidays under this clause 40.
40.3 Any other day which is declared by, or under a law of Victoria to be observed
generally within Victoria or a region of Victoria, as a public holiday, is a public
holiday under this clause 40.
40.4 If under (or in accordance with the procedure under) a law of Victoria, a day or
part day is substituted for a day or part day that would otherwise be a public
holiday because of clauses 40.1 and 40.3, then the substituted day or part day
is the public holiday for the purposes of this clause).
40.5 The Employer and the Employee may agree that when ANZAC Day is on a
Saturday or Sunday, a day will be substituted for that day on the next calendar
working day as per Appendix D.
40.6 If the Employee is absent from work on the public holiday, the rate of pay will
be the Ordinary Rate and any applicable first aid, leading hand, shift loading
and other applicable all-purpose allowances.
Note: If the Employee does not have ordinary hours of work on the day that the
public holiday falls, the Employee is not entitled to payment under this clause.
41 Personal and/or Carer's Leave
41.1 Employees (other than casual Employees) shall be entitled to paid Personal
and/or Carer's Leave when they are absent from work due to:
(a) A personal illness or injury; or

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PART 6 - LEAVE AND PUBLIC HOLIDAYS

- ~ - - - ~ - - - - - (b) ___ Jo_prm1ide_care_or_supporUo_a_rnembeLof the EmRloyee's immediate

family, or a member of the Employee's household due to an illness or
injury affecting the member, or an unexpected emergency affecting the
member.
41.2 Employees (other than casual Employees) will accrue 10 days of Personal
and/or Carer's leave per year.
41.3 Personal and/or Carer's Leave will be granted by the Employer subject to:
(a) the Employee notifying the Employer as soon as practicable of the
Personal and/or Carer's Leave; and
(b) providing to the Employer's satisfaction evidence that the Personal
and/or Carer's Leave is/was justified. Such evidence may be a Doctor's
certificate, or a statutory declaration where the Employer accepts it is
appropriate.
41.4 The Employer cannot direct an Employee to take Personal and/or Carer's
Leave.
41.5 Upon commencement of employment Employees will automatically be credited
with 5 days' Personal and/or Carer's leave. After 6 months of employment, the
leave will begin to accrue progressively up until it reaches 1O days at the
conclusion of 12 months' employment. In subsequent years, Personal and/or
Carer's Leave will continue to accrue progressively throughout each year.
41.6 An Employees entitlement to Personal and/or Carer's Leave accumulates from
year to year.
41. 7 If an Employee's employment is terminated and they are re-engaged by the
Employer within a period of 6 months, the Employee's unclaimed sick leave
from the previous engagement will continue from the date of re-engagement,
unless these days have been notified to the Construction Industry Portable
Sick Leave Scheme, in which case they will be available from this scheme.
41.8 Personal and/or Carer's Leave shall be paid at the Ordinary Rate applicable
under this Agreement at the time that an Employee takes such leave.
41.9 Where an Employee is on Annual Leave and a situation arises whereby the
Employee may access their Personal and/or Carer's Leave, the Employee will
be taken not to be on Annual Leave for that period.
41.10 Unpaid carer's leave will be in accordance with the NES.
42 Compassionate Leave
42.1 This clause is intended to summarise the NES entitlement. It is not intended to
replace or over-ride the NES.
42.2 Employees (other than casual Employees) are entitled to two days' paid leave
at the Ordinary Rate if a member of their immediate family or household either
dies or has a personal illness or injury that poses a serious threat to their life.
Further unpaid leave may be granted by the Employer. The Employee will
provide the Employer with substantiating documentation if requested.

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42.3 Unpaid compassionate leave will be in accordance with the NES.

43 Community Service Leave (other than Jury Service)
43.1 Employees are entitled to community service leave in accordance with the
NES.

44 Jury Service

44.1 Subject to this clause, Employees are entitled to leave and payment for jury
service in accordance with the NES.
44.2 An Employee (other than a casual Employee) called for jury service during
ordinary working hours will be reimbursed by the Employer an amount equal to
the difference between the amount paid by the Court and the amount of
Ordinary Rate he/she would have received for the ordinary time hours for
which the Employee's attendance at the Court was required up to a maximum
of 10 days' pay.
44.3 The Employee will provide the Employer with proof of attendance, duration of
attendance and amount received in respect thereof.

45 Parental Leave and Dad and Partner Pay

Parental Leave
45.1 Parental Leave shall be in accordance with the NES including that after 12
months of continuous employment, an Employee may take up to 52 weeks of
unpaid leave for the purpose of being the primary carer of a newborn or newly
adopted child.
Paid Parental Leave
45.2 In addition, if the Employee is entitled to paid parental leave under the Paid
Parental Leave Act 2010 (Cth) (PPL Act) as the primary carer of the child:
(a) The Employer will provide 18 weeks' paid parental leave for part of the
52 weeks' of unpaid leave as outlined in clause 45.1 above; and
(b) The payment will be the equivalent to the difference between the
Employee's entitlement to paid parental leave for an 18 week period
under the PPL Act (based on the minimum wage) and the Employee's
weekly minimum wage rate prescribed by clause 19.1(a) of the Building
and Construction General On-site Award 2010 as varied from time to
time applicable to their classification.
45.3 In accordance with section 22 of the Fair Work Act, unpaid leave does not
count as continuous service, however, it does not break service.
Dad and Partner Pay
45.4 If the Employee is entitled to dad and partner pay under the PPL Act, the
Employer will provide 2 weeks' paid leave in accordance with this clause.
45.5 The payment will be the equivalent to the difference between the Employee's
entitlement to dad and partner pay, for a 2-week period under the PPL Act

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(based on the minimum wag~) and the EmJ)loyee's weekly minimum wage rate -----------'
prescribed by clause 19.1(a) of the Building and Construction General On-site
Award 2010 as varied from time to time applicable to their classification.

46 Family and Domestic Violence Leave

46.1 For the purposes of this clause, "family and domestic violence" and "family
member'' are defined in the Award.
46.2 Confidentiality
(a) The Employer must take all reasonable measures to ensure personal
information concerning an Employee's experience of family and domestic
violence is kept confidential.
46.3 Leave
------------+;a)-An-eemJ')l0yee-(0ther-than-Gasual-eemJ')l0yees)-exJ')erienGing-family-anc;.- - - - - - - - <
domestic violence will have access to 10 days per year of paid family
and domestic violence leave paid at the Employee's minimum weekly
wage rate prescribed by clause 19.1 (a) of the Building and Construction
General On-site Award 201 O as varied from time to time applicable to
their classification to attend legal proceedings, counseling, and
appointments with a medical or legal practitioner, relocation, the making
of safety arrangements and other activities associated with the
experience of family and domestic violence.
(b) Family and domestic violence leave is in addition to any other existing
leave entitlements, and may be taken as consecutive or single days or
as a fraction of a day.
(c) The Employee shall give as much notice as reasonably possible prior to
taking the leave under this clause.
(d) In addition, the Employer may require the Employee to produce evidence
to support the need for family and domestic violence leave such as a
document issued by the police, a court, a doctor (including a medical
certificate), a family violence support service, or a statutory declaration.
(e) For the avoidance of doubt, family and domestic violence leave does not
cumulate from year to year and is not paid out on termination of
employment.

47 Picnic Day

47.1 The Parties agree that Building Industry Picnic Day will continue to apply
during the life of this Agreement in accordance with the following:
(a) The first Monday in December of each year shall be the building industry
picnic day, except in Mildura. The second Monday in December shall be

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PART 6 - LEAVE AND PUBLIC HOLIDAYS

the building industry picnic day within an area of 25 kilometres from

Mildura;
(b) All Employees shall, as far as practicable, be given and shall take this
day as picnic day without deduction of pay.
(c) Any Employee required to work on this day shall be paid at the rate of
double time and a half; provided that an Employee who attends for work
as required on this day shall be paid for not less than four hours work.
(d) The Employer may require from an Employee evidence of his/her
attendance at the picnic and the production of the butt of a ticket issued
for the picnic shall be sufficient evidence of such attendance. Where
such evidence is requested by the Employer payment need not be made
unless the evidence is produced. This requirement only applies so long
as all Employees remain eligible to obtain a ticket for Picnic Day
regardless of whether or not they are a union member

48 Long Service Leave

48.1 Long Service Leave shall be in accordance with and provided by Co-INVEST
as described at clause 22 of this agreement.

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Clauses 49, 50 and 51 of this Agreement outline the rights for employee representatives
and Union Delegates when assisting Employees. For clarity, each Employee has the
right to determine whether they wish to be represented by a Union Delegate, Employee
Representative. another representative of their choosing. or not at all.
Such representatives (or individual Employees) are entitled to the protections of Division
4 of Part 3-1 of the Fair Work Act in relation to their involvement in lawful industrial
activities.
49 Representation
The Parties recognise the role of the Employees' on-site representative has in
49.1
seeking to ensure industrial harmony on the site or at the workplace. Further
_ _ _ _ _ _ _ _ _ _ __,,be..Earties..recognise_tbaLtbe_on.,.site_reprns.entatiY.eJs_aJirst..p_oin.Loi.c_omac~----------<
for an Employee who has an employment related grievance or a grievance,
query or concern arising under the terms of the Agreement.
49.2 A Union Delegate/Employee Representative shall, upon notification to the
Employer, be recognised as an accredited representative of the employees
and, if an employee seeks representation by the representative, that
representative will be allowed all necessary time during working hours to
submit to the Employer employment related matters affecting the employees
he/she represents. At all other times the Union Delegate/Employee
Representative will perform productive work within his/her range of
qualifications and competence. Further, the Union Delegate/Employee
Representative shall be allowed reasonable time during working hours to
attend to such matters affecting the employees including the right to attend
appropriate meetings, Disputes Board hearings, FWC hearings and the like.

49.3 The Parties recognise that Union Delegates may be involved in assisting
Employees where requested pursuant to the dispute resolution procedure of
this Agreement.
50 Union Delegate Rights
50.1 Where an Employee has been elected as a Union Delegate, the Employer will
recognise the following rights:
(a) the right to be treated fairly and to perform their role without any
discrimination in their employment;
(b) For the Union Delegate to represent an Employee when requested in
relation to a grievance, dispute or a discussion with a member of the
Union;
(c) the right to place information related to permitted matters on a notice
board in a prominent location in the workplace except that the material
must not breach freedom of association, privacy and other applicable
laws; and

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PART 7- EMPLOYEE REPRESENTATION

(d) the right to paid time to attend industrial tribunals and/or courts where
they have been requested to do so by an Employee (which may include
themselves) whom they represent in a particular dispute in their
workplace;
(e) the right to paid time to assist and represent Employees who have
requested them to represent them in respect of a dispute arising in their
workplace; and
(f) the right to represent the interests of members in their workplace to the
Union, Employer and industrial tribunals/courts;
50.2 Prior to the Employer making a decision to terminate or transfer a Union
Delegate/Employee Representative, the Employer shall notify the Union
Delegate/Employee Representative one week in advance of such termination
or transfer. Payment in lieu of notice may be made by agreement.
51 Employee Representative Rights
51.1 Where an Employee has been elected as an Employee Representative, the
Employer will recognise the following rights:
(a) the right to be treated fairly and to perform their role without any
discrimination in their employment;
(b) For the Employee Representative to represent an Employee where
requested in relation to a grievance, dispute or a discussion;
(c) the right to place information related to permitted matters on a notice
board in a prominent location in the workplace except that the material
must not breach freedom of association, privacy and other applicable
laws; and
(d) the right to paid time to attend industrial tribunals and/or courts where
they have been requested to do so by an Employee (which may include
themselves) whom they represent in a particular dispute in their
workplace;
(e) the right to paid time to assist and represent Employees who have
requested them to represent them in respect of a dispute arising in their
workplace; and
(f) the right to represent the interests of employees who request their
assistance in their workplace to the Employer and industrial
tribunals/courts.
51.2 Prior to the Employer making a decision to terminate or transfer a Union
Delegate/Employee Representative, the Employer shall notify the Union
Delegate/Employee Representative one week in advance of such termination
or transfer. Payment in lieu of notice may be made by agreement.

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- - - - ~ ___5_2___U_n~io~n~D~e~l=egate/Em))loy:e~_Re))resentative Facilitie=s________ ____

52.1 Union Delegate/Employee Representative Facilities
The Employer shall provide an agreed facility for the use of the Union
Delegate/ Employee representative to perform their duties and functions as the
on-site representative of the Employees. The provision of the following facilities
is to ensure that the Union Delegate/Employee Representative is able to
effectively perform his/her functions in a professional and timely manner. The
facilities shall include:
(a) a telephone;
(b) a table and chairs
(c) a filing cabinet;
(d) air-conditioning/heating;
(e) access to stationery and other administrative facilities, including use of
facsimile, use of e-mail, (if available on site), following consultation
between the Union Delegate/Employee Representative and Site
Management.
(f) a private lockable area.
53 Industrial Relations Training Leave
53.1 Union Delegate/Employee Representative shall have access to industrial
relations training in accordance with Appendix E hereof.
54 Tool Box Meetings
54.1 Tool Box Meetings are regarded as an important part of site based
communications. The Employer will develop a program of consultation with its
site based Employees around safety, productivity, constructability and
methodology.
55 Right of entry
55.1 Recognition of rights
(a) The Parties acknowledge the regulation of union entry to workplaces
under the Fair Work Act and the OHS Act, and recognise their obligation
to comply with the requirements of these laws when rights are being
exercised under that legislation. The Parties agree that nothing in this
clause can deprive any Party of their rights or remedies under the Fair
Work Act and OHS Act.
(b) The Parties recognise that Union officials can enter a site at the express
invitation of the Employer for other purposes and that any such invitation
may be withdrawn at any time at the discretion of the Employer.
(c) The Employer will not refuse or unduly delay entry onto a site by Union
officials who are entitled to enter the site in accordance with the Fair
Work Act and the OHS Act.

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55.2 Notice of entry

(a) When seeking to exercise right of entry pursuant to s.481 of the Fair
Work Act, each Union official must provide a duly completed entry notice
outlining the nature of the breach (including particulars as required by the
Fair Work Act). This notice must be provided in accordance with the Fair
Work Act.
(b) When seeking to exercise statutory rights of entry for the purposes of
discussions with Employees under s.484 of the Fair Work Act, each
Union official must provide a duly completed entry notice in accordance
with the requirements of the relevant legislation including providing 24
hours' written notice before the entry.
(c) When seeking to exercise entry for workplace health and safety
purposes under s.494 of the Act, and the relevant provisions of OH&S
Legislation, the Parties will comply with relevant statutory requirements,
including those relating to entry notices.
55.3 Permits
(a) Each Union official exercising statutory entry rights in relation to the
Employer must provide the following to the Employer upon request on
each occasion they visit site:
(i) their Federal right of entry permit; and
(ii) if they are exercising a right under the OHS Act, their permit under
the OHS Act in addition to their Federal right of entry permit,
and carry them with them at all times whilst on site.
55.4 Procedures when entering site
(a) Each Union official must, prior to entering and while on any site owned,
operated or occupied by the Employer:
(i) be wearing all suitable personal protection equipment required for
that site;
(ii) identify themselves, including their full names, on request by the
Employer, provided that such requests are not repeated
unreasonably;
(iii) sign their names in the visitor's book, or any other sign in book at a
designated location on site (Sign In Book);
(iv) have undertaken or agree to undertake the applicable site visitor
induction, so as to ensure that they are aware of specific safety
requirements at that site at the time of the visit, as required by site
management; and
(v) comply with all reasonable occupational health and safety
requirements that apply to the site.

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(b} When leaving any site owned, operated or occuJ)ied by the EmJ)loy_e,r,_ _ _ _ _ __
Union officials will sign out of the Sign In Book.
(c) Upon a request made by the Union for a visitor induction for a specific
site, the Employer will provide the relevant visitor induction within a
reasonable period.
55.5 The Parties recognise the importance and powers of Health and Safety
representatives who are elected under the OHS Act, in playing a valuable role
in preventing and identifying unsafe conditions and practices, and helping
prioritise the rectification of unsafe areas, in respect of the work group they
represent.

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56 Safety Objectives
56.1 The Parties recognise the potentially hazardous nature of the construction
industry. To this end, the Parties to the Agreement are committed to
continuous improvement in occupational health and safety standards through
the implementation of an organisational framework which involves all Parties in
protecting Employees' health and safety.
56.2 In meeting these objectives, the Parties have agreed to consider a broad
agenda through the consultative processes established by this Agreement.
Such an agenda will include:
(a) Measures designed to include the safe operation of plant and equipment;
(b) Training issues including specific hazards, health and safety systems,
and site induction;
(c) Management of occupational health and safety through a comprehensive
approach which aims to control hazards at their source, reduce the
incidence and costs of occupational injuries and illnesses; and
(d) Risk of fatigue (see clause 37.5).
56.3 The Employer will comply with all relevant work health and safety legislation,
including the OHS Act, workers compensation legislation, regulations, codes of
practice and relevant and appropriate Australian and Industry Standards as set
out in Appendix F.
57 Inductions
57.1 Prior to first attending the site, all Employees shall have successfully
completed the Basic Site Induction (Construction Induction Card) course
conducted by a RTO. Employees shall provide proof evidencing same if
requested.
57.2 All new Employees who have not obtained a Construction Induction Card will
be required to undertake an attendance based course within 28 days where
reasonably practicable.
57.3 In addition, all new Employees of the Employer will be properly informed by
Management of:
(a) The Rights and Obligations of this Agreement including its
disputes/grievance resolution procedures;
(b) The appropriate issue of work clothing and safety equipment as per this
Agreement;
(c) Employer Safety Rules and Procedures including relevant legislation;
57.4 Furthermore, all new entrants to a particular project will receive an induction to
the particulars and peculiarities of that site. In order to achieve this it is

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recommended that, all persons performing or supervising work who are new to
---------------~~~~~----c-'---'--~~~-~,~~~~~--=~~-------,-------
the site shall be given an explanation of the following by Site Management:
(a) Site Safety Rules and Procedures including relevant legislation;
(b) Site-specific matters such as security procedures etc.
(c) Employees must complete site inductions whilst on-site, during ordinary
hours of work.
57.5 The induction presentation and material shall have regard to the language
skills of the employee/employer.
58 Health and Safety Representatives
58.1 The Employer and its Employees will comply with Part 7 of the OHS Act -
Representation of Employees in relation to the establishment of designated
work groups and the election of Health and Safety Representatives.
8-:-2--The Health and Safety Representative/s shall be elected by the Employees on
the job on a democratic basis, and shall be subject to recall by a similar
process.
58.3 Parties covered by this Agreement recognise the important role of Health and
Safety Representatives. The Health and Safety Representatives have a key
role in the early intervention in health and safety issues under this Agreement.
58.4 The Health and Safety Representative/s shall be allowed to consult with the
principal contractor, or persons acting on his/her behalf, on matters directly
concerned with safety of workers, and promote the safe conduct of work
generally.
58.5 The Parties acknowledge that the Health and Safety Representative has a right
under section 58 of the OHS Act.
59 Health and Safety Representative Meetings
59.1 A Health and Safety Representative will be allowed reasonable paid time
during working hours to attend to on the job occupational health and safety
matters affecting Employees he/she represents providing that the
Representative informs their manager and agreement is reached. At all other
times the Representative will perform productive work within his/her range of
qualifications and competencies.
60 Procedure with Dealing with Safety Issues or Incidents
60.1 This procedure shall be followed in good faith and without unreasonable delay.
If an issue is not settled by observance of this procedure, or if the procedure is
disregarded by either party, the matter will be dealt with in accordance with
clause 10 of this Agreement.
60.2 Nothing in this Agreement shall take precedence over the OHS Act.
60.3 Procedure for reporting issues
(a) If an Employee wishes to raise a health and safety issue in a workplace,
that Employee must report it to the Health and Safety Representative or

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to the Employer's Site Safety Supervisor or another management

representative.
(b) An Employee may take all steps that are necessary, including leaving the
Employee's part of the workplace, to report an issue.
(c) If the Employer's Site Safety Supervisor identifies a health and safety
issue they must report it to the health and safety representative.
60.4 Procedure for resolving issues
As soon as possible after an issue has been reported, the Employer's Site
Safety Supervisor or another management representative and the Health and
Safety Representative must meet and try to resolve the issue.
The resolution of the relevant issue must take into account any of the following
factors that may be relevant-
(a) whether the hazard or risk can be isolated
(b) the number and location of Employees affected by it;
(c) whether appropriate temporary measures are possible or desirable;
(d) whether environmental monitoring is desirable;
(e) the time that may elapse before the hazard or risk is permanently
corrected;
(f) who is responsible for performing and overseeing the removal of the
hazard or risk.
60.5 If any party involved in the resolution of the issue requests, the details of the
issue and all matters relating to its resolution must be set out in writing by the
Employer to the satisfaction of all Parties.
60.6 As soon possible after the resolution of an issue, details of the agreement must
be brought to the attention of affected Employees in an appropriate manner.
60.7 Direction to cease work
lf-
(a) an issue concerning health or safety arises at a workplace or from the
conduct of the undertaking of an Employer; and
(b) the issue concerns work which involves an immediate threat to the health
or safety of any person; and
(c) given the nature of the threat and degree of risk, it is not appropriate to
adopt the processes set out in clause 60.4.
the Employer or the health and safety representative for the designated work
group in relation to which the issue has arisen may, after consultation between
them, direct that the work is to cease.

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60.8 During any period for which work has ceased in accordance with such a
direction, the Employer may assign any Employees whose work is affected to
suitable alternative work.
60.9 Inspector may be requested to attend workplace
60.1 0 If an issue is not resolved under clause 60.4, within a reasonable time, or an
issue is the subject of a direction under clause 60.7 that work is to cease, any
of the Parties attempting to resolve the issue may ask the WorkSafe Victoria to
arrange for an inspector to attend at the workplace as soon as practicable to
enquire into the issue.
If -
(a) the inspector issues a prohibition notice; or
{b) otherwise determines that there was reasonable cause for Employees to
be concerned for their health or safety-
an Employee who is not assigned suitable alternative work pursuant to clause
60.8, and who as a result of the issue arising, does not work for any period
pending its resolution but would otherwise be entitled to be paid for that period
continues to be entitled to be paid for that period.
60.11 Rectification of Safety Hazard
60.12 Where, because of the existence of a safety hazard, a site has been stopped
for a defined period of time and Employees sent off site by agreement between
Site Managers and any combination of Union Official/s, Health and Safety
Committee, those people who remain on site to do rectification work will be
paid at the rate of double time for all such work.
60.13 This would not be applicable on normal de watering (see clause 30.6 hereof)
or normal housekeeping work or where a section of the site has been declared
unsafe and normal rectification occurs whilst the remainder of the site carries
on working. It is agreed that any 'housekeeping' work performed on projects is
to be paid at single time rate.
60.14 Sabotage
Sabotage is of concern to all Parties involved on any work site and may affect
safety, and therefore both the physical and mental well being of all persons on
site.
The Parties to this Agreement will not tolerate sabotage, and will ensure that
any person/s responsible for such action is immediately dismissed.
It is accepted that the relevant authorities may have to be notified, and
provisions of the OH&S Act implemented.
61 Site Safety Supervisor
61.1 On every job site, where the Employer is the principal contractor it shall appoint
a management representative responsible for safety (Site Safety Supervisor).
The Employer will ensure the Site Safety Supervisor has the necessary

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authority to ensure that all safety laws, procedures or Codes of Practice are
observed, and that the following Safety Agreement is applied.
61.2 The Employer when appointing the person appointed as the Site Safety
Supervisor must ensure that person has and maintainsthe appropriate
experience and knowledge of the safety requirements of the work being
performed. Other duties may be assigned by the Employer to a Site Safety
Supervisor, provided that such duties shall not prevent him/her from exercising
his/her duties as a Site Safety Supervisor.
62 Safety Committee
62.1 Where a Health and Safety Committee is established on a job in accordance
with section 72 of the OHS Act, it shall include the Employer's Site Safety
Supervisor and the Health and Safety Representative/s.
62.2 The Health and Safety Committee may, by agreement, include additional
Workers' Representatives and Employer Representatives of significant sub-
contractors.
62.3 The Health and Safety Committee shall meet as often as is necessary to
provide an overview of safety on the job, and assist in the promotion of a safe
working environment on the job site.
62.4 The Safety Committee shall minute the meetings and determine an action plan
for the rectification of unsafe items.
63 Training for Health and Safety Representatives
63.1 All duly elected Health and Safety Representatives shall be allowed to attend
training and information sessions subject to the same requirements as those
contained in Appendix E hereof so that Health and Safety Representatives are
kept abreast and fully informed in the provision and maintenance of the highest
possible Health and Safety Representatives standards.
64 Personal Protective Equipment
64.1 While not being part of any issue of work clothing/equipment supplied (see
clause 26), the Employer shall be required to provide personal protective
equipment (SAA approved} for use, when necessary for the Employee to
perform their required duties including:
(a) ear/hearing protection;
(b) gloves; and
(c) skin protective cream/sun screen (30+/50+ rating).
64.2 In addition, one pair of UV-rated safety glasses or UV-rated clip-ons suitable to
overlay prescription spectacles, shall be made available for Employees who
are required to work on reflective surfaces such as:
(a) metal decking;
(b) large concrete slabs exposed to sunlight;
(c) roofing; and

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-----------'(_d~)_c__u_rt_a_in_w_a_ll_in,g"-·-------------------------------j
65 Additional Safety provisions (Heavy Materials)
65.1 Heavy Materials
An Employee shall not be required to lift a building materials in excess of 20 kg
in weight unless such Employee is provided with a mechanical aid or with an
assisting Employee; provided that an Employee shall not to manually lift any
building materials in excess of 20 kg weight to a height of more than 4 feet
(1.2m) above the working platform.
65.2 Materials and passenger lifts will be provided in accordance with Appendix G.
66 Drug and Alcohol Policy
66.1 The Parties agree to apply the Drug and Alcohol Management Program (as
amended from time to time) contained in Appendix H.
The Employer may refer an Employee affected by drugs or alcohol to the
services provided by lncolink.
67 Safe and Respectful Workplace
67.1 The Parties recognise that everyone is entitled to work in an environment that
is free of discrimination, harassment and bullying. It is the Employer's
responsibility to ensure it complies with relevant legislative requirements
including the Equal Opportunity Act 2010 (Vic).
67.2 Accordingly, the Parties agree to the Sexual Harassment principles in
Appendix K.
67.3 In accordance with those principles the following points will be covered in the
Employer's on site induction:
(a) It is everyone's responsibility to respect women's right to work without
having to experience unacceptable behaviour.
(b) Disrespectful actions and behaviours which express power inequalities
between women and men and cause physical, sexual, psychological or
economic harm to women are unacceptable on site.
(c) Unacceptable behaviours that women face in the workplace include:
(i) stalking and intimidation;
(ii) threats and verbal abuse;
(iii) ostracism;
(iv) rude gestures and put downs;
(v) offensive language and imagery;
(vi) sexual innuendo / insinuations;
(vii) sexual suggestions and/or unwanted advances; and
(viii) sexual assault.

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(d) These behaviours at work present serious OHS risks which may cause
significant physical and psychological injury.
(e) This respect must also be extended to other visitors to the site and
members of the public.

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---------IRAR-T-9---AGREE MEN+MA:f+ERS~
68 Posting of Agreement
68.1 To ensure that the Parties are aware of the terms of the Agreement, and to
assist in any resolution of a disputes or the avoidance thereof a copy of this
Agreement shall be retained by the Employer at all times for ready access by
any Employee on a project site or via access to the Employer's intranet, and
the Employer will provide a permanent copy for each Union Delegate or
Employee representative and Health and Safety Representative on a project
site.
68.2 The Employer will provide the Employee with an online link to the Agreement
accessible via the FWC website.

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PART 10 - SITE ISSUES

69 Amenities
69.1 The Parties agree that it is the responsibility of the Head Contractor/ Principal/
Occupier of a Site to ensure that the amenities prescribed by the Code of
Amenities are provided as a minimum. Where, however, that standard is not
maintained due to an action or event beyond the control of the Employer, the
Employer should be allowed reasonable time in which to rectify the problem.
69.2 In all instances, the following procedure shall be observed:
(a) A uniformly high standard of amenities and facilities such as ablution
blocks, change rooms, crib sheds, etc., shall be provided.
(b) Where there is an issue relating to amenities, the immediate concern
must be to rectify the issue. A reasonable period will be allowed to any
Employer alleged to have committed a breach, to comply with all
requirements of this clause. While steps are being taken to rectify the
issue, there shall be no bans or limitations restricting the Employer's
ability to rectify the issue.
69.3 Mess/Change Shed Facilities Dimension/Construction Requirements and
Construction Sheds.
(a) All Sheds shall be weatherproof and soundly constructed to an approved
standard with sufficient windows and doors, adequate ventilation and
lighting. They must have a floor above ground level and be lined on
ceilings and walls.
(b) Mess Shed/s fitted with fly screens are provided for exclusive use of
workers and not for the storage of Employers' equipment, tools and
materials.
(c) Shed/s shall provide not less than 0.75 square metres of floor space per
person employed at any one time, provided that the area be not less
than 4.65 square metres. Fixtures, other than tables and chairs, shall not
be included when calculating floor space.
(d) Where 5 or more persons are employed at one time, the floor area shall
not be less than 9 square metres.
(e) Adequate facilities are to be provided for warmth and for drying clothes
e.g. strip heaters.
(f) Provided that 20 or more persons are employed on site at any one time,
the Employer shall provide a separate shed or sheds for messing, which
shall be of such dimension as to provide not less than 0.75 square
metres of floor space per person.
(g) First Aid facilities will be maintained at the highest standard and kept
clean at all times.

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69.4 Contents
(a) In the changing facilities, separate clothes hanging facilities for each
person employed are to be provided (coat hooks only to be used).
(b) In the changing facilities, sufficient seating accommodation for the
changing of work apparel is to be provided.
(c) In the messing facilities, sufficient tables with fixed washable laminex or
vinyl surface, and seating for the taking of meals, are to be provided.
(d) Food warming facilities to be supplied, together with a supply of cool,
clean water conveniently accessible, as well as boiling water, tea, milk,
coffee and sugar at all meal/rest breaks.
(e) Receptacle for garbage with bin liner and rat and fly proof is to be
supplied in mess area, and emptied regularly.
------------+f1-A-washable-vinyl-floor-surface-in-all-facilities-is-to-be-provide,..._-_ _ _ _ _ _ _ ___,
(g) Shelving is to be supplied in the mess shed for storage (cups, lunch
bags, etc.).
(h) All facilities are to be cleaned and disinfected twice daily.
69.5 Sanitary Facilities - Construction
(a) Closets shall be soundly constructed and roofed with weatherproof
material. The floor of each closet shall be well drained and constructed of
concrete, bricks and cement, or of other approved materials which shall
be impervious to water. Every closet shall be well lighted by natural or
artificial light and shall be ventilated. Each closet shall have a hinged
door, capable of being fastened on the inside, lift seats/flaps and toilet
paper.
(b) If closets are of single unit construction (only to be used for the formwork
process), not contained within a purpose built ablution block, privacy
walls which shield the closet/s from outside view shall be installed.
(Privacy walls are not required for purpose built ablution blocks eg ATCO
huts).
(c) Where practicable, toilets to be connected to sewerage before
commencement of the job.
(d) Closet/urinal location to be conveniently accessible to Employees, but
not so close as to cause a nuisance to those persons.
(e) Where necessary, portable water seal toilets of an approved standard
are to be provided and regularly serviced.
(f) Conveniently accessible closets and urinals are to be distributed every
5th floor on multi storey constructions.
(g) Closets and urinals are to be washed daily with disinfectant and kept in
clean, hygienic condition.

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(h) Adequate washing facilities, suitably drained, and wash basins/troughs

are to be supplied with hot and cold running water.
(i) Soap and towels are to be supplied.
69.6 Closet / Urinal Requirements

Employees Closets Urinals

1-5 1 Nil

6-10 1 1

11-20 2 2

21-35 3 4
36-50 4 6

51-75 5 7

76-100 6 8

69.7 For each additional 20 persons or part thereof up to 200 persons, one
additional urinal and one additional closet is required. For each additional 35
persons or part thereof in excess of 200 persons, one additional urinal and one
additional closet is required. If a slab urinal is provided, each 600-mm shall be
regarded as one urinal.
70 Amenities for females
70.1 At a minimum, the following amenities must be provided on each site for
female workers:
(a) a separate ablution block, change room and closet with sanitary bin and
privacy closure must be provided for female use only.
(b) on any site with less than 10 workers of which two or less are females a
separate female portable toilet (with sanitary bin) will be provided solely
for the use of the females.
(c) Upon request, an appropriate private room with a fridge for use as a
lactation room.
70.2 In determining the location of the amenities the Employer must consider the
most appropriate balance of privacy, safety and security.
70.3 If the female workers and the site management agree that a better alternative
is available, then that alternative may be adopted.
70.4 Any site where the anticipated number of workers will be greater than 10 then
the amenities for female will include a separate toilet (with sanitary bin) from
the commencement of the project.
70.5 Where, as a result of consultation, a need for a feeding room is required then
such a room will be provided.

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--~-- _ _ _7,1 Site Issues

71.1 Site Record Keeping
(a) The Employer will maintain a current record of all Employees and sub-
contractors on site.

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PART 11 - INDUSTRY MODERNISATION

72 Workplace modernisation
72.1 Commitment to Continuous Improvement
(a) The Parties are committed to continuous improvement in the general building and construction
industry and to the modernisation of the workplace. This includes the creation and adoption of
policies that will provide better employment opportunities for women and mature age,
Aboriginal and Torres Strait Islander people, returned soldiers, and other groups that have
been excluded from opportunities in this industry. The Parties are also committed to
supporting initiatives that will improve sustainable development and productivity across the
industry. In accordance with provisions in this Agreement, the Parties will also seek broader
industry wide actions to eliminate the existence of sham contracting.
(b) The Parties may therefore seek to implement measures in the following categories
(i) Employment opportunities;
(ii) Sustainability and productivity improvement; and
(iii) Eradication of sham contracting
72.2 Employment opportunities
(a) initiatives to promote the employment of women, Indigenous, mature age or other groups that
have been excluded from opportunities in this industry;
{b} workers' health (including mental health} and wellbeing initiatives (such as health checks,
suicide prevention, screening for dust diseases, drug and alcohol awareness and treatment);
(c) programs to reduce bullying, sexual harassment or workplace discrimination;
(d) initiatives to promote the take-up and completion of apprenticeships, such as mentoring
programs; and
(e) support the development of the establishment of registration of trades.
72.3 Sustainability and productivity improvement
(a) waste-reduction, carbon pollution reduction and recycling initiatives;
{b} investigate the possibility of introducing portable holiday leave schemes; and
(c) initiatives to encourage fair, cooperative and productive workplace relations across the
industry.
72.4 Eradication of sham contracting in the building and construction industry
(a) The Parties commit to participating and supporting industry based initiatives for the eradication
of sham contracting.
72.5 Industry Working party
(a) The Parties will support the establishment of an industry based working party of employers,
unions and government with a view to the development and establishment of programs to
achieve the objectives outlined above.
72.6 The above initiatives will comply with the relevant state and federal anti discrimination legislation.

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73--s,gnator1es -------------------

Signed for and on behalf of the employer:

Name (print): AARON SUPERINA

LANDSCAPE PLUS (VIC) PTY LTD
Employer:
DIRECTOR
Employer Position:
58/1470 Ferntree Gully Road, Knoxfield, VIC 3180
Address:

Signature:

Date:

Signed for and on behalf of the CONSTRUCTION FORESTRY

MARITIME MINING & ENERGY UNION:

Name ROBERT GRAAUWMANS

PRESIDENT
Position:
540 Elizabeth Street, Melbourne, VIC 3000
Address:

Signature:

Witness:

Date: 03/08/2022

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Agreement 2020-2023

APPENDIX A- Classification

Employees will be classified according to the CW1 to CW? classifications contained in Schedule B of the
Award, including but not limited to the following examples:

TRADES CLASSIFICATIONS

CW3-100%
Landscape Tradesperson

CW4-105%
Specialist Landscape Tradesperson

LABOURERS

CW1-92.4%
Landscape Labourer

CW2-96%
Landscaper

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 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

PCW Operator Classification Structure

Rollers Compactors Excavators

Operating Wt Flywheel Operating Wt

Classificatlon
Tonnes Oper. Equiv. Cat. Power kW Oper. Equiv. Cat Tonnes Oper. Equiv. Cat.

above upto Class. Machines above up to Class. Machines above upto Class. Machines

0 5 PCW1 CS-323C

PCW2 5 10 PCW2 431 T0533

PCW3 10 PCW3 563,583 16 PCW3 301 T0315

PCW4 0 200 PCW4 815 16 25 PCW4 317TO 325

PCW5 200 PCW5 825 25 65 PCWS 330TO 345

Backhoe Loader Skid Stear Wheel & Track Loaders

Operating Wt Net Flywheel

Classification
Single Class. Oper. Equiv, Cat Tonnes Oper. Equiv. Cat. Power kW Oper. Equiv. Cat.

above up to Class. Machines above upto Class. Machines above up to Class. Machines

PCW1

PCW2

PCW3 Single Class. PCW3 216 TO 248 0 100 PCW3 902 TO 928

PCW4 Single Class. PCW4 416T0438 100 200 PCW4 938 TO 972
I
'
PCW5 200 300 PCWS 980 '

Crawler Tractors Graders Scrapers

Flywheel Net Flywheel Flywheel PowerkW

Classificatlon
Power kW Oper. Equiv. Cat. Power kW Oper. Equiv. Cat. (Tractor only on Twins Oper, Equiv. Cat.

above up to Class. Machines above up to Class. Machines above upto Class. Machines

PCW1

PCW2

PCW3 0 300 PCW3 613,615

PCW4 0 100 PCW4 D3TO D5 Genera! 130 PCW4 938 TO 972 300 400 PCW4 627,631

PCW5 100 200 PCWS D6TO D7 130 General PCW5 140,16,14,160 400 PCWS 651,657

page 88
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

Trucks Mobile Cranes

Maximum Capacity
Classification
Payload tonnes Oper. Equiv. Cat. Oper. Equiv. Cat.

above upto Class. Machines above up to Class. Machines

PCW1

PCW2 0 12 PCW2 Small Rigid Trucks

PCW3 12 60 PCW3 769,773

PCW4 60 120 PCW4 775,777 0 15 PCW4

PCW5 120 200 PCW5 785,789 15 100 PCW5

Note: Machine classes based on Caterpillar Performance Handbook

page 89
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

___________________ --~:..A.a:.P...:.P-=E::.:.N.:.:D:a.:la..:X-=B~----:.W.:.::a::.g..,,e:....:r-=a.:.:tec.:::s'---_ _ _ _ _ _ _ _ __
This Appendix sets out wage rates payable under this Agreement.
The classifications in the Agreement correspond to the classifications in Schedule B of
the Award.
Some occupations are specified in Schedule B of the Award but are not set out in this
Appendix. An Employee working in an occupation set out in the Award but not appearing
in the Agreement is paid at the lowest rate in this Appendix for the relevant CW/PCW
classification. For example, a locksmith is within the CW3 classification in the Award. A
locksmith under the Agreement is paid at the lowest rate for a classification within the
CW3 band in the Agreement, that is, the rate payable to a Painter-Repaint.

page 90
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

SECTION 1
From 1st Pay Period beginning on/after 1 October 2020

Weekly Weekly RDO

Rate Per Rate Per Pro-Raia Pro-Raia Accrual
Hour Week Annual AIL Per Day
$ $ Leave loading (0.8)
$ $ $
TRADES CLASSIFICATIONS
cw 3 -100%
Landscaoe Tradesoerson 49.17 1,770.12 136.16 26.98 39.34
cw 4-105%
Soecialist Landscaoe Tradesoerson 51.18 1,842.48 141.73 27.95 40.94
LABOURERS
CW2-96%.

Landscaper 46.21 1,663.56 127.97 25.54 36.97

CW1 -92.4%

Landscape Labourer 44.78 1,612.08 124.01 24.85 35.82

SECTION 1 (Continued)
From 1st Pay Period beginning on/after 1 October 2020

Weekly Weekly RDO

Rate Per Rate Per Pro-Raia Pro-Raia Accrual
Hour Week Annual AIL Per Day
$ $ Leave loading (0.8)
$ $ $
PLANT OPERATORS
PCW1 -92.4%

New Entrant for olant onlv, Rollers uo to 5 tonnes 43.07 1,550.52 119.27 24.02 34.46
PCW2-96%

Rollers 5 to 10 tonnes, Skid Steer & Backhoe/Loaders to 200kw,

Construction Trucks up to 12 tonnes 44.73 1,610.28 123.87 24.83 35.78
PCW3-100%

Rollers over 10 tonnes, Skid Steer & Backhoe/Loaders over

200kw, Excavators up to 16 tonnes, Wheel & Track Loaders up
to 100kw, Scrapers up to 300kw, Construction Trucks 12 to 60
tonnes, Forklift Operators, Winch Drivers & Mobile Hydraulic
Platform Operators 46.58 1,676.88 128.99 25.72 37.26

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 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

PCW4-105%.

Compactors up to 200kw, Excavators 16 to 25 tonnes, Wheel &

Track Loaders 100 to 200kw, Scrapers 300 to 400kw, Crawler
Tractors up to 100kw, Graders up to 130kw, Construction '
'
Trucks 60 to 120 tonnes, Mobile Cranes un to 15 tonnes 48.52 1,746.72 134.36 26.66 38.82
!

PCWS-110%
I

Compactors over 200kw, Excavators 25 to 65 tonnes, Wheel &

Track Loaders 200 to 300kw, Scrapers over 400kw, Crawler
Tractors 100 to 200kw, Graders over 130kw, Construction
Trucks 120 to 200 tonnes, Mobile Cranes 15 to 100 tonnes 50.46 1,816.56 139.74 27.60 40.37

APPRENTICES
From 1st Pay Period beginning on/after 1 October 2020

Weekly Pro-
Wages Per Weekly Pro-Raia
Fares Per rata Annual
Week Annual Leave
day $ $
Leave
$ Loading $

Landscape Apprentice

1st 3 Months •• 661.20 35.10 50.86 11.26

Next 9 Months ## 831.80 35.10 63.98 13.56

2nd Year 1002.40 39.80 77.11 16.17

3rd Year 1343.60 42.10 103.35 20.92

4th Year 1599.50 44.45 123.04 24.52

Weekly Rates Include Tool and Industry Allowances

•• Start rate for an Apprentice who has NOT completed an approved pre-Apprenticeship course
## Start (1 "1 Year) rate for an Apprentice who has completed an approved pre-Apprenticeship course.

page 92
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

SECTION 2
From 1st Pay Period beginning on/after 1 March 2021

The weekly pro rata annual leave loading will be calculated in accordance with the following
formula:
(Weeklv rate + weeklv travel) x 0. 175
13

Weekly Weekly
Rate Per Rate Per Pro-Raia Pro- RDO Accrual
Hour Week Annual Raia AIL Per Day (0.8)
$ $ Leave loading $
$ $

TRADES CLASSIFICATIONS
CW 3 -100%

Landscaoe Tradesoerson 50.62 1,822.32 140.18 40.50

CW4-105%

Soecialist Landscaoe Tradesoerson 52.69 1,896.84 145.91 42.15

LABOURERS
CW 2-96%

Landscaper 47.57 1,712.52 131.73 38.06

cw 1 -92.4%
Landscaoe Labourer 46.10 1,659.60 127.66 36.88

SECTION 2 (Continued)
From 1st Pay Period beginning on/after 1 March 2021

The weekly pro rata annual leave loading will be calculated in accordance with the following
formula:
(Weeklv rate + weekly travel) x 0. 175
13

Weekly RDO
Weekly Pro-
Rate Per Rate Per Pro-Raia Accrual
Raia Annual
Hour Week AIL Per Day
Leave
$ $
$
loading (0.8)
$ $
PLANT OPERATORS
PCW1 -92.4%

New Entrant for plant onlv, Rollers up to 5 tonnes 44.34 1,596.24 122.79 35.47
PCW2-96%
Rollers 5 to 10 tonnes, Skid Steer &
Backhoe/Loaders to 200kw, Construction Trucks
UP to 12 tonnes 46.05 1,657.80 127.52 36.84
PCW3 -100%

page 93
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

----------

Rollers over 10 tonnes, Skid Steer &

Backhoe/Loaders over 200kw, Excavators up to
16 tonnes, Wheel & Track Loaders up to 100kw,
Scrapers up to 300kw, Construction Trucks 12 to
60 tonnes, Forklift Operators, Winch Drivers &
Mobile Hydraulic Platform Ooerators 47.95 1,726.20 132.78 38.36
PCW4-105%

Compactors up to 200kw, Excavators 16 to 25

tonnes, Wheel & Track Loaders 100 to 200kw,
Scrapers 300 to 400kw, Crawler Tractors up to
100kw, Graders up to 130kw, Construction Trucks
60 to 120 tonnes, Mobile Cranes un to 15 tonnes 49.95 1,798.20 138.32 39.96
PCWS -110%
Compactors over 200kw, Excavators 25 to 65
tonnes, Wheel & Track Loaders 200 to 300kw,
Scrapers..over_400kw~Crawler-Tractors_tQQ t~
200kw, Graders over 130kw, Construction Trucks
120 to 200 tonnes, Mobile Cranes 15 to 100
tonnes 51.95 1,870.20 143.86 41.56

APPRENTICES
From 1st Pay Period beginning on/after 1 March 2021

Weekly
Wages Fares Pro-Raia Weekly Pro-rata Annual
Per Week Per day Annual Leave Loading
$ $ Leave $
$

Landscape Apprentice

1st 3 Months ** 681.55 52.43

Next 9 Months ## 856.49 65.88
2nd Year 1031.43 79.34
3rd Year 1383.14 106.40
4th Year 1645.55 126.58

Weekly Rates Include Tool and Industry Allowances

** Start rate for an Apprentice who has NOT completed an approved pre-Apprenticeship
course
## Start (1"1 Year) rate for an Apprentice who has completed an approved pre-
Apprenticeship course.

page 94
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

SECTION 3
From 1st Pay Period beginning on/after 1 March 2022

The weekly pro rata annual leave loading will be calculated in accordance with the following
formula:
(Weekly rate + weekly travel) x 0. 175
13

RDO
Weekly Pro- Weekly Pro-
Rate Per Rate Per Accrual
Raia Annual Raia AIL
Hour Week Per Day
Leave loading
$ $ (0.8)
$ $
$

TRADES CLASSIFICATIONS
CW 3 -100%

Landscape Tradesperson 52.14 1,877.04 144.39 41.71

CW4-105%

Specialist Landscape Tradesperson 54.27 1,953.72 150.29 43.42

LABOURERS
CW2-96%

Landscaper 49.00 1,764.00 135.69 39.20

cw 1 - 92.4%
Landscape Labourer 47.48 1,709.28 131.48 37.98

SECTION 3 (Continued)
From 1st Pay Period beginning on/after 1 March 2022

The weekly pro rata annual leave loading will be calculated in accordance with the following
formula:
(Weekly rate + weekly travel) x 0. 175
13

Weekly RDO
Weekly Pro-
Rate Per Rate Per Pro-Raia Accrual
Raia AIL
Hour Week Annual Per Day
loading
$ $ Leave (0.8)
$
$ $
PLANT OPERATORS
PCW1 -92.4%

New Entrant for plant only, Rollers up to 5

tonnes 45.67 1,644.12 126.47 36.54
PCW2-96%
Rollers 5 to 10 tonnes, Skid Steer &
Backhoe/Loaders to 200kw, Construction
Trucks up to 12 tonnes 47.43 1,707.48 131.34 37.94
PCW3 -100%

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 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

----------- -- -----
Rollers over 10 tonnes, Skid Steer &
Backhoe/Loaders over 200kw, Excavators up
to 16 tonnes, Wheel & Track Loaders up to
100kw, Scrapers up to 300kw, Construction
Trucks 12 to 60 tonnes, Forklift Operators,
Winch Drivers & Mobile Hydraulic Platform
Operators 49.39 1,778.04 136.77 39.51
PCW4-105%

Compactors up to 200kw, Excavators 16 to 25

tonnes, Wheel & Track Loaders 100 to 200kw,
Scrapers 300 to 400kw, Crawler Tractors up to
100kw, Graders up to 130kw, Construction
Trucks 60 to 120 tonnes, Mobile Cranes up to
15 tonnes 51.45 1,852.20 142.48 41.16
PCW5-110%
Compactors over 200kw, Excavators 25 to 65
tonnes, Wheel & Track Loaders 200 to 300kw,
Scrapers over 'I0URw, Crawler I ractors rno-10
200kw, Graders over 130kw, Construction
Trucks 120 to 200 tonnes, Mobile Cranes 15 to
100 tonnes 53.51 1,926.36 148.18 42.81

APPRENTICES
From 1st Pay Period beginning on/after 1 March 2022

Weekly Pro-
Wages Per Fares
Rata Annual Weekly Pro-rata Annual
Week Per day
Leave Leave Loading $
$ $
$

Landscape Apprentice

1st 3 Months ** 702.01 54.00

Next 9 Months ## 882.21 67.86
2nd Year 1062.40 81.72
3rd Year 1424.67 109.59
4th Year 1694.97 130.38

Weekly Rates Include Tool and Industry Allowances

** Start rate for an Apprentice who has NOT completed an approved pre-Apprenticeship course
## Start (1"1 Year) rate for an Apprentice who has completed an approved pre-Apprenticeship course.

page 96
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

SECTION 4
From 1st Pay Period beginning on/after 1 March 2023

The weekly pro rata annual leave loading will be calculated in accordance with the following
formula:
(Weekly rate + weekly travel) x 0. 175
13

Weekly Weekly RDO

Rate Per Rate Per Pro-Rata Pro-Rata Accrual
Hour Week Annual AIL Per Day
$ $ Leave loading (0.8)
$ $ $
TRADES CLASSIFICATIONS
cw 3 • 100%

Landscape Tradesperson 53.74 1,934.64 148.82 42.99

cw 4 • 105%
Specialist Landscape Tradesperson 55.93 2,013.48 154.88 44.74
LABOURERS
CW2 -96%

Landscaper 50.50 1,818.00 139.85 40.40

cw 1 • 92.4%
Landscape Labourer 48.93 1,761.48 135.50 39.14

SECTION 4 (Continued)
From 1st Pay Period beginning on/after 1 March 2023

The weekly pro rata annual leave loading will be calculated in accordance with the following
formula:
(Weekly rate + weekly travel) x 0. 175
13

Weekly Weekly RDO

Rate Per Rate Per Pro-Rata Pro-Rata Accrual
Hour Week Annual AIL Per Day
$ $ Leave loading (0.8)
$ $ $
PLANT OPERATORS
PCW1 -92.4%

New Entrant for plant only, Rollers up to 5 tonnes 47.07 1,694.52 130.35 37.66
PCW2-96%

page 97
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

Rollers-5·to-1 0·tonnes,Skid-Steer-&
Backhoe/Loaders to 200kw, Construction Trucks up
to 12 tonnes 48.88 1,759.68 135.36 39.10
PCW3 -100%
Rollers over 10 tonnes, Skid Steer &
Backhoe/Loaders over 200kw, Excavators up to 16
tonnes, Wheel & Track Loaders up to 100kw,
Scrapers up to 300kw, Construction Trucks 12 to
60 tonnes, Forklift Operators, Winch Drivers &
Mobile Hvdraulic Platform Ooerators 50.90 1,832.40 140.95 40.72
PCW4-105%

Compactors up to 200kw, Excavators 16 to 25

tonnes, Wheel & Track Loaders 100 to 200kw,
Scrapers 300 to 400kw, Crawler Tractors up to
100kw, Graders up to 130kw, Construction Trucks
60 to 120 tonnes, Mobile Cranes uo to 15 tonnes 53.02 1,908.72 146.82 42.42
-
PCW5 -110%

Compactors over 200kw, Excavators 25 to 65

tonnes, Wheel & Track Loaders 200 to 300kw,
Scrapers over 400kw, Crawler Tractors 100 to
200kw, Graders over 130kw, Construction Trucks
120 to 200 tonnes, Mobile Cranes 15 to 100 tonnes 55.15 1,985.40 152.72 44.12

APPRENTICES
From 1st Pay Period beginning on/after 1 March 2023

Wages Per Fares Weekly Pro-Raia

Weekly Pro-rata Annual Leave
Week Perday Annual Leave
Loading $
$ $ $

Landscape Apprentice

1st 3 Months •• 723.56 55.66

Next 9 Months ## 909.28 69.94
2nd Year 1095.01 84.23
3rd Year 1468.39 112.95
4th Year 1746.98 134.38

Weekly Rates Include Tool and Industry Allowances

"Start rate for an Apprentice who has NOT completed an approved pre-Apprenticeship course
## Start (1"1 Year) rate for an Apprentice who has completed an approved pre-Apprenticeship course.

page 98
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

APPRENTICE WAGE CALCULATION METHOD

Apprentice's rate of pay will be calculated based on a percentage of the prescribed CW3
rate determined in accordance with the following table, rounded to the nearest '0.01 '.

This methodology only applies to the calculation of apprentice rates from the first pay
period or after 1 March 2021.

Prescribed
CW Rate
rate

Landscape Apprentice

1st 3 Months •• Refer anolicable CW rate 37.4%

Next 9 Months ## 47.0%
2nd Year 56.6%
3rd Year 75.9%
4th Year 90.3%

page 99
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

APPENDIX C - Site allowance procedure ----- ------

1. Site Allowance shall be determined in accordance with this Appendix.

2. It is agreed by the Parties that all new Projects with a Project Value (as defined
in clause 2 of the Agreement) of $5 million and above will be covered by the
Site Allowance rates contained in this Appendix.
3. It is agreed by the Parties that the Site Allowance will not be claimed on any
Project where the Project Value is below $5 million. On Projects which do not
attract the Site Allowance, Employees are entitled to be paid all relevant
Special Rates or Disability Payments under the Award.
4. The Site Allowance shall be paid at the appropriate rate for all paid ordinary
and overtime hours. Site Allowances are not payable during a period of paid
leave. The Site Allowance compensates Employees for all special factors
and/or disabilities on a project and is paid in lieu of the following Special Rates
in the Award - Confined Space, Wet Work, Dirty Work, Second-hand Timber
and Fumes.
5. Award Special Rates and Disability Payments (other than those outlined
above) shall continue to apply in accordance with the Award.
6. The payment of Insulation Allowance shall only be paid to individual
Employees who are affected (as defined in the Award) by the use of such
materials.
7. The Site Allowance and other Award Special Rates form part of Ordinary Time
Earnings as defined in clause 2 of this Agreement.

Determining Site Allowance

8. Where the Union on behalf of Employees, requests an employer to consider a
claim for payment of a Site Allowance, such Site Allowance shall be
determined by reference to:
8.1. The terms of this Appendix; or
8.2. By determination of the Victorian Building Industry Disputes Panel in
accordance with this Appendix.

Site Allowance rates

9. The appropriate Site Allowance shall be based on the Total Project Value, as
defined in clause 2 of this Agreement
9.1. Site Allowance rates for the City of Melbourne.
The following rates apply to sites in the City of Melbourne as defined
by clause 18 of this Appendix:

page 100
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

New Projects

Projects $5 million to $250 million $4.35 per hour

Projects with values in excess of See applicable rates at 9.2

$250 million below
Renovations, Restorations and/or Refurbishments

Projects $5 million to $250 million $3.75 per hour

Projects with values in excess of See applicable rates at 9.2

$250 million below

Where Projects are a combination of new work and renovation,

restoration and/or refurbishment work, the New Projects allowance will
be paid where the value of that new work is more than 33% of the Total
Project Value.
9.2. Site allowance rates for Victoria
Above $5 m but less than $30 m $2.50 per hour
$30 m but less than $50 m $3.00 per hour
$50 m but less than $100 m $3.50 per hour
$100 m but less than $250 m $4.00 per hour
$250 m but less than $400 m $4.50 per hour
$400 m but less than $1 bill $5.00 per hour
$1 bill but less than $2 bill $6.00 per hour
$2 bill but less than $3 bill $6.50 per hour
$3 bill but less than $4 bill $7.00 per hour
Any Site Allowance which is in place at the time of this Agreement commencing,
and which provides a higher site allowance than that set out in clause 9, will
continue to apply until such time as that rate rises above the applicable rates in
clause 9 of this Appendix, at which point the higher rate under this Appendix will
apply.

10. Site Allowance rates and Project Values during the life of this Agreement will
be adjusted annually in accordance with CPI {All Groups, Melbourne)
movements measured in the twelve month period ending the previous June
quarter effective as of the 1 October from 2020 onwards.

11. The Site Allowance shall be adjusted to the nearest 5 cents and the Project
Value to the nearest $100,000.

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 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

12. Project Specific Site Allowance Rates as at 30 June 2020 ----- -----

12.1. The Site Allowance applicable to the West Gate Tunnel Project shall
be $9.25

12.2. The Site Allowance applicable to the Metro Tunnel Project shall be
$9.55

12.3. The above rates will be adjusted as per clause 10 above.

12.4. The Site Allowance applicable to the North East Link Project shall be:

(a) As at 1 March 2022 - $10.35;

(b) As at 1 March 2024 - $10.75;

(c) As at 1 March 2026-$11.15;

(d) As at 1 March 2028 - $11.55.

Determination by the Victorian Building Industry Disputes Panel

13. Where the Parties fail to reach Agreement on the Site Allowance rate to apply
to a particular site or Project, then such disagreement shall be referred to the
Panel for determination.

14. In determining the Site Allowance rate, the Panel shall not deviate from the
methods set out in this Appendix, unless there are special and/or exceptional
circumstances.

14.1. Special and/or exceptional circumstances may include work on

Projects where disabilities that are not accounted for in this Appendix
exist. This includes, but is not limited to:

Projects where construction/maintenance work is predominantly being

performed by contract metal trades;

Infrastructure projects with more than a four-billion-dollar Project

Value.

14.2. Where the procedures prescribed by this clause are being followed,
work shall continue normally. In the event that Employees take
industrial action whilst the Panel is determining a Site Allowance
under this Appendix, the date of commencement for that Site
Allowance shall not be before the date on which the Employees cease
industrial action.

15. Any Site Allowance that is determined in accordance with this Appendix is final
and binding on the Parties. The Parties agree to comply, and give effect to a
determination by the Panel under this Appendix. A failure to do so is a breach
of the Agreement.

page 102
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

Shopping Centre and Airport Projects

16. All new construction and extension/refurbishment work at shopping centres,

airports, retail strip shops and standalone retail facilities, having a Project
Value in excess of $5 million will attract the then current City of Melbourne Site
Allowance.

17. Where the Project is of a mixed purpose, City of Melbourne Site Allowance
Rate will apply only where the retail component is at least $5 million and
occupies at least 51 % of the area of the Project.

Definition of City of Melbourne

18. For the purposes of determining Site Allowance in accordance with this
Agreement, the boundaries of the "City of Melbourne" are defined as follows:

18.1. Commencing at the point where Citylink (at Tullamarine Freeway)

intersects Racecourse Road, proceed east along Racecourse Road,
Elliott Avenue, Macarthur Road, Cemetery Road West, Cemetery
Road East and Princes Street to Nicholson Street. Then South on
Nicholson Street to Victoria Parade. In Victoria Parade proceed east
to Punt Road, then proceed south along Punt Road to St Kilda
Junction.

18.2. From St Kilda Junction proceed along Fitzroy Street to Beaconsfield

Parade, and then north-west along Beaconsfield Parade, Beach
Street and The Boulevard and following the waterline to Lorimer
Street, and then east along Lorimer Street as far as Citylink (Western
Link). Follow Citylink north to Racecourse Road to complete the
boundary.

18.3. The City of Melbourne zone will also include the area bounded by
Nicholson Street, Victoria Parade, Hoddle Street and Alexandra
Parade.

18.4. Where one boundary of a Project fronts at least one of the above
streets, then such Project is deemed to be within the City of
Melbourne.

page 103
CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

1 MACARTHUR R•
2 CEMffiRY RO WEST
~ 3 CEMETERY RO EAST
.: .. ,
Ro •
ST A • •••- •

•
I
•
I

page 104
 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

APPENDIX D - RDO Calendars

WORKING DAY CALENDAR 2021

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 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

WORKING DAY CALENDAR 2023

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 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

-- - ------ - - - - - - - - - - - - - - - - - ~
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 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
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WORKING DAY CALENDAR 2025

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 CFMEU (Victorian Construction and General Division) Subcontractors Landscape
Construction Enterprise Agreement 2020-2023

------ ,----- WORKING DAY-CALENDAR-2026-~ ------- --- -- -

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APPENDIX E - Training leave for workplace representatives

Part A- Industrial Relations Training Leave

The Parties acknowledge that for workplace representatives to effectively undertake

their duties they should have the appropriate level of training. The Employer recognises
a workplace representative who is well trained in matters including the rights and
obligations under the various industrial instruments that operate at the workplace and
the rights and responsibilities under the relevant legislation will assist in minimising
industrial disputes and further the objective of having a harmonious workplace. To that
end the following leave provisions apply.

(a) Subject to all qualifications in this clause, an employee appointed or elected as

an accredited Union Delegate/Employee representative shall, upon application
in writing to the Employer, be granted up to 5 days leave with pay each
calendar year non-cumulative to attend courses approved by the Employer.

i. Such courses shall be designed and structured with the objective of

promoting good industrial relations within the Employer.

ii. Consultation may take place between the Parties in the furtherance of
this objective.

(b) For the purposes of this clause an "accredited Union Delegate/Employee

representative" shall mean an employee recognised by the employer in
accordance with clause 49 of this Agreement.

(c) The following scale shall apply:

No. of employees Maximum No. of Maximum No. of days

covered by this Workplace permitted per year
Agreement Representatives eligible
to attend per year

Up to 15 1 5

16-30 2 10

31 -50 3 15

51 - 100 4 20

101 and over 5 25

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(d) The application for leave shall be given to the Employer at least 4 weeks in
advance of the date of commencement of the course. The application for leave
shall contain the following details:

i. The name of the employee seeking the leave;

ii. The period of time for which the leave is sought (including course dates
and the daily commencing and finishing times); and

iii. The title, general description and structure of the course to be attended
and the location of where the course is to be conducted.

(e) The Employer shall advise the training provider within seven clear working
days (Monday to Friday) of receiving the application as to whether or not the
application for leave has been approved.

(f) The time of taking leave shall be arranged so as to minimize any adverse effect
on the Employer's operations. The onus shall rest with the Employer to
demonstrate an inability to grant leave when an eligible employee is otherwise
entitled.

(g) The Employer shall not be liable for any additional expenses with an
employee's attendance at a course other than the payment of ordinary time
earnings for such absence. For the purpose of this clause ordinary time
earnings shall be defined as the relevant Agreement classification rate
including, shift work loadings where relevant plus Site Allowance where
applicable.

(h) Leave rights granted in accordance with this clause will not result in additional
payment for alternative time off to the extent that the course attended coincides
with an employee's RDO or with any concessional leave.

(i) An employee on request by the Employer shall provide proof of their

attendance at any course within seven days. If an employee fails to provide
such proof, the Employer may deduct any amount already paid for attendance
from the next week's pay or from any other moneys due to the employee.

U) Where an employee is sick during a period when leave pursuant to this clause
has been granted proof of attendance at the course is not required for that
period and the employee shall receive payment if entitled under the provisions
of clause 39 of the Award.

(k) Leave of absence granted pursuant to this clause shall count as service for all
purposes of this Agreement.

(I) Any dispute as to any aspect of this clause shall be resolved in accordance
with the dispute settlement provisions of this Agreement.

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Part B - Health and Safety Training Leave

The Parties acknowledge that for Health and Safety Representatives to effectively
undertake their duties they should have the appropriate level of training. The Employer
recognises that a Health and Safety Representatives who is well trained in matters
including their rights, obligations and responsibilities under the Occupational Health and
Safety Act 2004 (Vic) (OHS Act) will assist in promoting a safe working environment at
the workplace. To that end the following leave provisions apply.

(a) Subject to all qualifications in this clause, an Employee appointed

or elected as an elected Health and Safety Representative shall,
upon application in writing to the Employer, be granted up to 5 days
leave with pay each calendar year non-cumulative to attend
courses approved by the Employer.

i. Such courses shall be designed and structured with the

objective of promoting good safety practices.

ii. Consultation may take place between the Parties in the

furtherance of this objective.

(b) For the purposes of this Part B, a "health and safety representative"
shall mean "a member of a designated work group elected to
represent the designated work group on matter relating to
occupational health and safety" and/or an Employee recognised by
the Employer in accordance with clause 58 of this Agreement.

(c) In addition to this entitlement HSRs are entitled to request an

additional two days training for the purposes of improving their
skills and capabilities for mental health and wellbeing initiatives,
and/or the prevention of bullying, discrimination and harassment in
the workplace. Such a request will not be unreasonably refused.

(d) The following scale shall apply:

No. of employees Maximum No. of Health Maximum No. of days

covered by this and Safety permitted per year
Agreement Representatives eligible
to attend per year

Up to 15 1 5

16-30 2 10

31-50 3 15

51 -100 4 20

101 and over 5 25

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(e) Any application for leave under this Part B shall be given to the
-----Employer at least 21 weel<s in aovance of tne elate of - - - - - - - - -
commencement of the course. The application for leave shall
contain the following details:
i. The name of the Health and Safety Representative seeking
the leave;
ii. The period of time for which the leave is sought (including
course dates and the daily commencing and finishing times);
and
iii. The title, general description and structure of the course to
be attended and the location of where the course is to be
conducted.

{f) The Employer shall advise the Employee and the training provider
-----------~within-7-slear-working-days-(Monday-to-i;:riday-)-of-reseiving-the,------------
application as to whether or not the application for leave has been
approved.

(g) The time of taking leave shall be arranged so as to minimise any

adverse effect on the Employer's operations. The onus shall rest
with the Employer to demonstrate an inability lo grant leave when
an eligible Employee is otherwise entitled.

{h) The Employer shall not be liable for any additional expenses
associated with an Employee's attendance at training under this
Part B other than the payment of ordinary time earnings for such
leave. For the purposes of this Part B, "ordinary time earnings"
shall be defined as the relevant Agreement classification rate
including shift work loadings where relevant plus the Site
Allowance where applicable.

(i) Leave granted in accordance with this Part B will not result in
additional payment for alternative time off to the extent that the
training attended coincides with an Employee's RDO or with any
concessional leave.

U) On request by the Employer, an Employee shall provide proof of

their attendance at any course within 7 days. If an Employee fails
to provide such proof, the Employer may deduct any amount
already paid for the leave from the next week's pay or from any
other moneys due to the Employee.

(k) Where an Employee is entitled to Personal/Carer's Leave or Sick

Leave during a period of leave pursuant to this Part B, proof of
attendance at the course is not required for that period and the
Employee shall instead receive Personal/Carer's or Sick Leave.

(I) Any leave of absence granted pursuant to this clause shall count
as service for all purposes of the Award and this Agreement.

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(m) Any dispute as to any aspect of this clause shall be resolved in

accordance with the dispute settlement provisions of this
Agreement.

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----APPENDIX F Occupational l-lealth and-Safety

REGIONAL WHSE MANAGEMENT RESOURCE REFERENCES

A
Accident Compensation
Workplace Injury Rehabilitation and Compensation Act 2013

Amenities
Compliance Code - Workplace Amenities and Work Environment
Compliance Code - Facilities in Construction
Asbestos
OHS Regulations 2017
Compliance Code: Managing asbestos in workplaces 2019
Compliance Code: Removing asbestos in workplaces 2019
National Asbestos Code of Practice and Guidance Notes NOHSC: 2002, 3002 & 3003

Balustrades
AS1288: Glass in Buildings
BCA
Blockwork
AS 2699: Built in components for masonry construction
Bridge Construction
Industry Standard - Construction and erection of bridge beams

C
Construction Regulations 2017
Catwalks
AS 3860: Fixed guideway people movers

Chains
AS 3775: Chain Slings - Grade T
AS 2550: Cranes Safe Use
Communication
Compliance code: Communicating occupational health and safety across languages

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Concrete Pumping
AS 2550.15 Cranes - Safe Use (part 15 Concrete Pumps)
AS 4041 Pressure piping
AS 2452.3 Non-destructive testing - determination thickness - use of ultrasonic testing
AS 3920.1 Assurance of product quality - Pressure equipment manufacture
AS 4343 Pressure equipment - hazard levels
Industry Standard - Concrete cutting and drilling
Industry Standard- Concrete pumping
Confined Spaces
OHS Regulations 2017
Compliance code: Confined spaces.
AS 2865: Safe working in a confined space
Contaminated Soil
Industry Standard - Contaminated Construction Sites
Cranes
OHS Regulations 2017 {Plant)
AS 2550 Cranes - Safe use parts 1- 16
AS 1418.14: Requirements for Cranes subject to arduous working conditions
AS 1418.1: Cranes (including hoists and winches) General requirements
Crystalline Silica
Compliance code: Crystalline silica - engineered stone.
OHS Regulations (Crystalline Silica 2019)
D
Dangerous Goods
Dangerous Goods Act
OHS Regulations (Dangerous Goods)
National Standard for the Storage and Handling of Workplace Dangerous Goods
[NOHSC: 1015 (2001 )]
National Code of Practice for the Storage and Handing of Dangerous Goods [NOH SC:
2017 (2001 )]
Demolition
Compliance code: Demolition
AS 2601: The Demolition of structures
E

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Earth Moving Plant

------~
AS 1418.8: Cranes, Hoists and Winches - Part 8: Special purpose appliances
AS 4772: Earth-moving machinery - Quickhitches for excavators and backhoe loaders
AS 2294: Protective structures for operators of earth moving equipment
Electrical
AS 2067 Substations and high voltage installations
AS 3000 Electrical installations (known as Australian wiring rules)
AS 3012 Electrical installations on construction and demolition sites
AS 2293.1: Emergency escape lighting and exit signs for buildings
AS/NZS 4636: Safe working on low-voltage electrical equipment
AS 3760: In Service Safety Inspection and Testing of Electrical Equi=m=e~nt~------------1
AS 3105: Approval and test specification- Electrical portable outlet devices
Industry Standard - Electrical Installation on Construction Sites
Elevated Work Platforms
AS 2550: Cranes (part 10 EWP)
AS 1418:10 Elevated Work Platforms
Emergencies
AS 37 45: Emergency control organisation and procedures for buildings
AS 2293.1: Emergency evacuation lighting for buildings
AS 2444: Portable Fire Extinguishers and Fire blankets
Escalators
AS 1735: Lifts, escalators and moving walks
Excavations
Compliance code: Excavation.
F
First Aid
Compliance code: First aid in the workplace
AS 2675 Portable first aid kit for use by consumers
Formwork
Victoria Code of Practice Prevention of Falls in General Construction 2004
Victoria Construction - Basic Formwork and Concreting Checklist for Builders and
Building Trades Contractors
AS 361 0 Formwork for concrete

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AS Visually stress - graded hardwood for structural purposes

AS 2269 Plywood Structural
AS 1170 Minimum design loads on structures
G
Gantries
Gantry Protection - Building Code of Australia BP 1.1 & BP 1.2
Gantry Protection - Code of Practice, City of Melbourne and/or local council
H
Hazard Substances
OHS Regulations 2017
Compliance code: Hazardous Substances
Health and Safety at Work
AS 1470: Health and safety at work - Principles and practices
Hoists
AS 1418.1: Cranes (including hoists and winches) General requirements
AS 2550.7: Cranes-Safe use Part 7: Builders' hoists and associated equipment

Issue Resolution
OHS Regulations 2017
L
Ladders
AS 1892- Portable Ladders
Lasers
AS 2397 -A guide to safe use of lasers in the building and construction industry
Lifts
AS 4431 Guidelines for Safe Working on New Lift Installation in New Construction (for
false cars)
AS 1735 Lifts, escalators and moving walks
Lifting Eguipment: Slings, shackles, chains, chain block & tackles
AS 1353.2: Flat synthetic-webbing slings - Care and use
AS 1380.2: Fibre Rope slings - Care and use
AS 1418.1: Cranes, hoists and winches Part 1: General requirements
AS 1666.2: Fibre Rope slings - Care and use

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AS 2550.1: Cranes, hoists and winches - Safe use General requirements

------

AS 2741: Shackles
AS 4497.2: Roundslings - Synthetic fibre
Lifting Equipment Bins, cages, kibbles, lifting devices, winches,
AS 1418.1: Cranes, hoists and winches Part 1: General requirements
AS 1418.2: Cranes (including hoists and winches), Part 2: Serial hoists and winches
AS 1418.17: Cranes (including hoists and winches) Part 17: Design and construction of
workboxes
AS 2550.1: Cranes, hoists and winches - Safe use General requirements
AS 3775.2: Chain slings for lifting purposes - Grade T(80) and V(100) Care and use
Lighting
AS 1680 Interior lighting
AS 2293.1: Emergency evacuation lighting for buildings
Industry Standard - Electrical Installation on Construction Sites
M
Manual Handling
OHS Regulations 2017
Compliance code: Hazardous Manual Handling
National Standard for Manual Tasks
National Code of Practice for the Prevention of Musculoskeletal Disorders from
Performing Manual Tasks at Work (2007)
Mast Climbing Work Platforms
AS2550.16: Mast climbing work platforms
N
Noise
OHS Regulations (Noise) 2017
Compliance code: Noise
AS 2436: Guide to noise control on construction, maintenance and demolition sites
National Code of Practice for Noise Management and Protection of Hearing at Work -
3rd Edition
0
Occupational Health and Safety Legislation
Occupational Health and Safety Act 2004 (Vic)
Occupational Health and Safety Regulations 2017 (Vic)

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OHS Management Systems

ISO 45001: Workplace Health and Safety Management Systems-Requirements with
Guidance for use Workplace
p

Personnel Protective Equipment

AS 4501.2 - Occupational protective clothing and general requirements
AS 1800 Occupational protective helmets - election care and use
AS 1336 Recommended practices for occupational eye protection
AS 1337:1992 Eye protection for industrial applications
AS 1558: Protective clothing for welders
AS 1715: Selection use and maintenance of respiratory protective devices
AS 2210: Occupational protective footwear
AS 2161.1: Occupational protective gloves selection, use and maintenance
AS 4602: High visibility safety garments
Piling
Piling work and foundation engineering sites: A guide to managing safety
AS 2111 :15 Textile floor coverings -test and measurements
Plant
OHS Regulations (Plant)
Compliance code: Plant
AS 4024.1 :2006 Safety of machinery
Plumbing
AS 3500: Plumbing and Drainage
AS 1432: Copper tubes for plumbing, gas fitting and drainage application
AS 2642: Polybutylene plumbing pipe system
AS 3497:1998 Drinking water treatment units
AS 3498: Authorisation requirements for plumbing products water heaters and hot water
storage tank
Precast Concrete Panels
Victoria Industry Standard - Pre cast and Tilt Up Concrete for Buildings
AS 3850: Tilt Up concrete construction
AS 3600: Concrete structures
National Code of Practice for Precast Tilt-Up and Concrete Elements in Building
Construction

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s
Scaffolding
AS 1576 Scaffolding general requirements
AS/NZS 1576.2: Scaffolding Couplers and accessories
AS/NZS 1576.3: Scaffolding - Part 3: Prefabricated and tube-and-coupler scaffolding
AS 4576 Guidelines for scaffolding
Structural Steel Erection
Safe erection of structural steel for buildings: Industry standard
AS 3828 Guidelines for the erection of building steelwork
AS 1170.2 Minimum Design Loads on structures, part 2: Wind Loads
AS 1554 Structural Steel Welding
T
Traffic Management
AS 1742.3: Manual of uniform traffic control devices
AS 3845:1999 Road Safety Barrier Systems
Telescopic Handler
AS 1418.19: Cranes, hoists and winches - Telescopic handlers
AS 2550.19: Cranes, hoists and winches - Safe use - Telescopic handler
w
Welding
AS 1674 - Cutting and Welding
Working at Heights
OHS (Prevention of Falls) Regulations 2017
AS 1576 Scaffolding general requirements
AS 4576 Guidelines for scaffolding
AS/NZS 4994.3 Temporary edge protection
AS 4626 Industrial fall arrest devices
AS 2626 Industrial safety belts and harnesses
AS 1891 Industrial fall arrest systems and devices
National Code of Practice for the Prevention of Falls in General Construction

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APPENDIX G - Passenger and Material Lifts

SECTION I 1. Definition of Building Where Lift Required

1.1 A passenger/materials lift shall be provided on a building which shall, when
complete, consist of more than six (6) storey levels excluding the roof, parapets
and basement levels (if any), but including the ground floor. (Refer to Sub
clause 2 herein.)
1.2 For the purposes of this Sub-Clause, a storey level means structurally
completed floor, walls, pillars or columns, and ceilings (not being false
ceilings), and shall include mezzanine or similar levels, but excluding "half
floors" such as toilet blocks or store rooms located between floors.
1.3 For the purpose of defining the number of story levels in a building; where any
plant or similar structure does not exceed 25 per of the top floor area, such
plant room or similar structure shall not be counted as a storey level or levels
as the case may be.
1.4 For a building with sloping or split floors (e.g., a car park), the method of
determining storey levels shall be by taking the height of that building and
dividing its height by the average floor height of a building which does not have
sloping or split floors.
SECTION II 2. When Lift Required
2.1 The passenger/materials lift shall be in operation from the date of
commencement of formwork erection above the floor level of the fifth storey
when counted from the lowest adjacent street level. Floor level means that
stage of construction which, in the completed building, would constitute the
walking surface of each particular floor level.
2.2 Employees will not be required to walk down from the ground floor more than
four (4) levels. However, the Parties accept that from time to time there will be
occasions where an alternative arrangement will need to be implemented.
SECTION Ill 3. Operation of Lift
3.1 The mode of operation of the passenger/materials lift shall be at the discretion
of Management, but there shall be landings at intervals of not more than four
(4) storey levels. Subject to sub-clause 3.3, an employee would not be
required to walk either up or down more than two (2) floors within the range of
the lift, or more than four (4) floors within the range of the lift.
3.2 When the building has risen so that the formwork exceeds floors above the lift
travel, the lift travel shall be extended.
3.3 If mechanical or power failure puts the passengers/materials lift out of action,
Management must endeavour to correct the failure as soon as possible and
have the passengers/materials lift back in use. During such temporary

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stoppage of the passengers/materials lift, the employees are expected to walk

- - ~ ~------~totneifplace of worl< to a maximum offour (4flevels to work in their respective
classification, and no industrial action or dispute should take place. In the case
of the service core, refer to clause 25.21{b) of the Agreement.
3.4 When lifts are also used to carry materials, preference must be given to the
transporting of employees at the starting, finishing and lunch times. Starting
times of various Trades may be staggered by agreement to avoid lift
congestion at starting and finishing times.
3.5 Should a crane or cranes on a building not be able to operate (e.g., because of
wind or mechanical failure), employees will continue to work to a maximum of
four (4) levels above the range of the lift, provided that the appropriate
emergency service is satisfied that it is capable of being able to provide first aid
attendance, and removal if necessary, to/of any employee on any section of
the project without the use of the crane/s.
3.6 Subject to the provisions of the relevant OH&S legislation, the Lift Diver(s) shall
remain on site to operate the lift to carry passengers.

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HOIST NOT REQUIRED TO BE ERECTED

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Dees not exceed
25¼ or Tap Floor.,..
4

BASEMENT AREA

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WHEN HOIST IS REQUIRED TO BE ERECTED

• I
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Tep Floor area • •
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APPENDIX H - Drug and Alcohol Management Program

1.0 PROJECT DRUG & ALCOHOL MANAGEMENT PROGRAM (DAMP) PROCESS

1.1 Context

1.2 Revision Status

1.3 Controlled Document Distribution Status

1.4 Definitions

1.5 Confidentiality

2.0 DUTY OF CARE AND RESPONSIBILITY

2.1 Employers

2.2 Management of test results

2.3 Project Manager

2.4 [Insert Company] Health, Safety & Environmental Manager

2.5 Supervisors/Line Managers

2.6 Health & Safety Committee

2.7 Workers & Other Persons

3.0 EDUCATION & COMMUNICATION

3.1 Initial Training

3.2 Accredited Training

3.3 D&A Officer

3.4 Inductions

3.5 Distribution of information

3.6 Additional Information

3.7 Medical conditions that may affect Fitness for Duty

4.0 SUPPORT

4.1 Available support

4.2 Employee Assistance Provider (EAP)

5.0 REGULAR TESTING

5.1 Selection Process

5.2 Testing Process

6.0 DRUG & ALCOHOL TESTING (1ST STEP)

6.1 Principle

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6.2 Self-Testing
------- ------

6.3 For Cause Testing

6.4 Reasonable Concern Testing

7.0 TESTING PROCEDURE (2ND STEP)

7 .1 Self-Testing

7.2 For Cause or Reasonable Concern testing procedure

8.0 TESTING METHODS FOR DRUGS & ALCOHOL

8.1 Alcohol Testing Method

8.2 Drug Testing Method

9.0 TESTING RESULTS

9.1 Principle

----------a:2-Drug-Testing---------------------------------_j

10.0 CONSEQUENCES

10.1 Self-Testing

10.2 Alcohol Test

10.3 Drug Testing

10.4 Refusal to Test

10.5 Disciplinary Action

10.6 Self-Declaration

11.0 CONFIDENTIALITY

11.1 Confidentiality of Information

11.2 Confidentiality of Results

11.3 [Insert Company]'s Duties

11.4 Release of Information

12.0 CONSULTATION

12.1 Amendments to DAMP

12.2 Aim 15
APPENDIX A- OBSERVABLE IMPAIRMENT ASSESSMENT CHECKLIST

APPENDIX B - DRUG & ALCOHOL COUNSELLING ADVICE

APPENDIX C -TEST TARGET CONCENTRATIONS

APPENDIX D - EXAMPLE DRUG TESTING CONSENT AND CHAIN OF CUSTODY FORM

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1.0 PROJECT DRUG & ALCOHOL MANAGEMENT PROGRAM (DAMP) PROCESS

1.1 Context

This process describes the Drug and Alcohol Management Program (DAMP) within nominated [Insert
Company] workplaces in Victoria.

This process applies to all workers, contractors and visitors, and on all nominated projects. Contractors
will be required to comply with the requirements in this DAMP as per the contractual agreement. Where
[Insert Company] is involved in an alliance or joint venture, this process is to be maintained as a
minimum requirement.
The purpose of this process is to manage alcohol and other drugs and their effects on workers' fitness
for work whilst performing duties or attending the workplace. This process ensures that [Insert
Company] has a mechanism to appropriately manage the misuse of alcohol and other drugs in the
workplace through education, counselling, rehabilitation and discipline, where required. Drug and
Alcohol tests will be conducted for the following substances on [Insert Company] projects:

- Alcohol;
- Opiates;
- THC (marijuana or cannabis):
- Cocaine;
- Benzodiazepines;
- Amphetamine; and
- Methamphetamine.
1.2 Revision Status

Revisions to this Management Plan will be made as required to refiect the current site conditions and to
ensure the continued suitability and effectiveness. The frequency of the review shall be determined by
the Project Manager and workplace conditions but shall not exceed 12 months.

Version Date Description Page Site Manager Project Manager

1.3 Controlled Document Distribution Status

Amendments to this Management Plan are approved by the Project Manager, and distributed to all
holders outlined below:

Date Name of Recipient Organization

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Definitions____________,______________
Accredited Laboratory means a laboratory which meets minimum Australian performance standards
set by an accrediting agency, being the National Australian Testing Authority (NATA).
Alcohol refers specifically to the chemical substance ethanol which, in this context may occur in either
a liquid or gaseous form.
Amphetamine-type stimulants may include, but are not limited to, the following: amphetamine,
Methylamphetamine, Methylenedioxymethlamphetamine (MDMA), Methylenedioxyamphetamine
(MDA).
B.A.C is the measurement of alcohol in the body, in grams of alcohol per 100 millilitres of blood and
recorded as a percentage i.e. 0.00%.
Benzodiazepine is medications that are frequently prescribed for the symptomatic treatment of anxiety
and sleep disorders.
Chain of Custody is a series of procedures to account for the integrity of each oral fiuid specimen by
tracking its handling and storage from point of collection to final disposal.
Cocaine includes cocaine and its metabolites including cocaine, Benzoylecgonine and Ecgonine
----------.m"'e""'yl esteeir':".______________________.:___:___ _ _ __:___ _ _ _ _ _ _ _ _ __

Confirmatory Test refers to a second alcohol breath test to confirm the initial reading or, in the case of
drugs, an oral fluid analysis conducted at an accredited laboratory to confirm the non-negative ("fail")
result obtained in the initial test. The confirmatory test results in a definitive positive (fail) or negative
(pass) result.
Confirmed Positive Result (Fail) means a:
Secondary onsite breath test for alcohol in excess of 0.00 grams per 100 milliliters (0.00%) of alcohol;
Secondary test conducted at an accredited laboratory for drugs in excess of the levels contained in AS
4760:2006, performed at an accredited laboratory. Note: Benzodiazepine level' to be provided by the
prescribed testing laboratory.
A confirmed positive result as described above is a fail.
Drug means a substance that has a physiological effect on the body, either by itself or through its
metabolite(s). The term 'drug' refers to the drug and/or its metabolite(s) for the purpose of detecting a
target drug in oral fiuid.
Employee Assistance Program (EAP) provides assistance to [Insert Company] workers and their
families.
Fit for Work means a person who has a BAG of 0.00% and tests negative for the list of substances
noted in Appendix C of this document.
For Cause Testing is drug and alcohol testing which may be carried out for any of these scenarios:
An individual or group of individuals' fitness for work may have been a contributing factor in an incident.
There is a direct observation or indication of impairment or unusual behaviour or actions by the
individual.
Evidence or reason to believe the individual is involved with the use of alcohol or other drugs while at
work.
Where safety precautions or processes may have been breached by the individual.
H&S means health and safety.
Health and Safety Committee is defined as per Victorian Occupational Health and Safety Act 2004.
Health and Safety Representative (HSR) means a Health and Safety Representative for a
designated work group who has been elected in accordance with Victorian Occupational Health and
Safety Act 2004.

1 Benzodiazepine concentrations are to be confirmed with [Insert Company]'s chosen Drug & Alcohol testing
provider.

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Initial Screening Test is defined as indicative testing conducted at the workplace to exclude the
presence of alcohol and/or a drug or a class of drugs as provided by Australian Standards
AS3547:1997 and AS 4760:2006. The Initial Screening Test provides a "negative" or "non-negative"
result. Where a "non-negative" ("fail") result is obtained, confirmatory testing must be conducted to
provide a conclusive result. ·
NATA is the National Association of Testing Authorities, who accredits laboratories, inspection bodies
and calibration services produce certified reference materials and provide proficiency testing schemes
throughout Australia.
Negative Result means a test result at or below the prescribed or nominated target concentration
levels and this is therefore considered a "pass".
Non-Company Personnel refers to any worker who is not directly employed by [Insert Company].
Non-Negative Result means an initial screening test result that indicates the presence of alcohol or
drugs above the prescribed or nominated target concentration levels and is therefore considered a
"fail". A secondary onsite breath test for alcohol or accredited laboratory test for drugs is to be
conducted to determine a confirmed positive (fail) or confirmed negative (pass) result.
OHS Act means Victorian Occupational Health and Safety Act 2004.
Opiates may include but are not limited to the following: morphine, codeine and 6-acetylmorphine.
Over-the-Counter Medication means medicines/drugs sold directly to the consumer without a
prescription from a healthcare professional.
Prescription Medication means medication that is prescribed by a healthcare professional.
Random Testing refers to drug and alcohol testing completed at the workplace on a randomly
selected day and time (keeping within the parameters defined in this procedure, e.g. testing required
monthly) on a randomly selected group of individuals or teams.
Targeted Testing refers to testing conducted for the workers working in high risk activities or once
returning to work after a confirmed positive (fail) drug or alcohol test.
Testing Officer means a suitably competent and trained provider or person approved by the HSE
Manager to conduct drug and alcohol sampling of the workers at the workplace. This person may be
an independent person or employed by [Insert Company].
THC refers to tetrahydrocannabinol, also known as marijuana or cannabis.
Worker means:
- a worker (including salaried, staff and managerial personnel), or
- a contractor or subcontractor, or
- a worker of a contractor or subcontractor, or
- a worker of a labour hire company who has been assigned to work in the person's business or
undertaking, or
- an outworker, or
- an apprentice or trainee, or
- a student gaining work experience, or
- a volunteer, or
- a visitor, or
- a consultant.
Workplace means a place where work is carried out for a business or undertaking and includes any
place where a worker goes, or is likely to be while at work, including all facilities provided to the
workers for the purpose of conducting works for [Insert Company]. A workplace includes, but is not
limited to:
- site/project office
- plant and laydown yards
- car parks

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- sheds and rooms

- amenities
- working locations
- shipping containers and site safes
- company vehicles

This process applies not only to [Insert Company]'s sites, but also on any other site that workers are
acting as representatives of the company.

1.2 Confidentiality

All information gathered as a result of alcohol and other drug testing is collected for the purpose of
implementing this process.

[Insert Company] is committed to ensuring that results from all drug and alcohol testing remain
confidential and use/access/dissemination of the results shall be restricted to those who have a
genuine requirement to access the results of the drug and/or alcohol test.

2.0 DUTY OF CARE AND RESPONSIBILITY

Under this process the duty of care, responsibilities and obligations of [Insert Company], the workers,
contractors and others at the workplace are derived from obligations under the Victorian Occupational
Health and Safety Act 2004 and specified responsibilities detailed in this process.

2.1 Employers

Employers must provide a safe and healthy workplace for the workers or other persons by ensuring, so
far as is reasonably practicable:

- Safe systems of work

- A safe work environment
- Safe use of plant, structures and substances
- Facilities for the welfare of the workers are adequate
- Notification and recording of workplace incidents
- Adequate information, training, instruction and supervision is given
- Compliance with the requirements under the Occupational Health and Safety Regulation 2007
- Effective systems are in place for monitoring the health of workers and workplace conditions.

2.2 Management of test results

The Health, Safety & Environmental (HSE) Manager is responsible for receiving and maintaining the
laboratory results for all positive and non-negative test results from each project.

For all positive and non-negative (fail) alcohol or drug test results, [Insert Company] will have one
central database to record and to monitor disciplinary action should a worker have a 1st, 2nd or 3rd
infraction. A copy of the Chain of Custody document with the presumptive test results could be
forwarded to [Insert Company] which will then inform the Subcontractor line manager of the
confirmatory result for each employee.

2.3 Project Manager

The ProjecVConstruction Workplace (P/CW) Manager is responsible for ensuring, so far as is

reasonably practicable, adequate resources are allocated for the implementation, education, training
and support of this process. The P/CW must also ensure this process is applied fairly and consistently.

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2.4 Health, Safety & Environmental Manager

The Health, Safety & Environmental (HSE) Manager is responsible for ensuring this process remains
current, is readily available and is applied in the way it was intended. The HSE Manager must also
ensure, so far as is reasonably practicable, that all the workers know and understand the Drug and
Alcohol Management Program (DAMP).

2.5 Supervisors/Line Managers

Supervisors/Line Managers must ensure, so far as is reasonably practicable, that all individuals in their
area of responsibility understand and comply with the requirements of this process and ensure that no
worker commences or continues work if the worker appears to be affected by alcohol or other drugs. In
this case, the matter should be referred to the P/CW Manager for further investigation or action, as
applicable.

2.6 Health & Safety Committee

It is the role of the Health and Safety Committee to assist with consultation between [Insert Company]
and the workers in instigating, developing and carrying out measures designed to ensure the health
and safety of the workers at work.

2. 7 Workers & Other Persons

The Victorian Occupational Health and Safety Act 2004 requires that a Worker must, while at work:

- Take reasonable care for their own health and safety

- Take reasonable care for the health and safety of other workers who may be affected by the
worker's acts or omissions, and
- Cooperate with his or her employer with respect to any action taken by the employer to comply
with requirements imposed by the Act, Regulations or guidelines.

It is the responsibility of the worker to present in a fit state for work and have the appropriate level of
rest afforded to them between shifts. Any worker, who believes that he or she may be unfit for work for
any reason is expected to not commence work and to inform his or her employer accordingly.

Workers should notify their Supervisor/Line Manager if they are taking medication of any kind which
may impair their ability to conduct work safely. Workers should also notify their Supervisor/Line
Manager if they have an alcohol or drug issue which may be in breach of the requirements in this
process.

Workers must also notify their Supervisor/Line Manager when they become aware of any breach or
potential breach of this process.

3.0 EDUCATION & COMMUNICATION

3.1 Initial Training

[Insert Company] must provide initial training for each worker covering all of the following matters (e.g.
site/ inductions, formalized training):

- The health and safety implications of drug and alcohol use.

- Medications which may affect the worker's ability to work safely.
- Medications and other factors which may trigger a non-negative result.
- Recognition of the early indication of drug and alcohol abuse.
- The adverse effects that drugs and alcohol may have on health, and the related risks to safety and
the environment.

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Resources available for counselling and/or rehabilitation and the procedures for obtaining
assistance or referring workers for assistance.
- The contents and requirements of this drug and alcohol clause.
- Levels of drug and alcohol consumption.
- The use of available alcohol testing equipment for personnel who wish to test themselves
voluntarily before the start of their normal shift.

3.2 Accredited Training

[Insert Company] will provide accredited training for staff and [Insert Company] representatives to
recognize impaired performance resulting from drug and alcohol abuse, and to handle the resulting
worker relations issues. The worker's representatives shall be called a D&A Impairment Officer.

3.3 D&A Officer

[Insert Company] shall have at each nominated construction project, a worker who has successfully
---------~c=om=p1·eteffunirRITP"A100o-=-Co/le-crspecimens-fordrugs-of-abuse-testing,0r-equivalent~uch-worker-------l
shall be called the D&A Officer.

3.4 Inductions
The [Insert Company] induction will include a specific section on drugs and alcohol, which will be
reinforced with toolbox briefings and the abovementioned training.

3.5 Distribution of Information

[Insert Company] shall place printed safety material placed on noticeboards and/or distributed in
workplace amenities.

3.6 Additional Information

[Insert Company] will not perform any drug and alcohol testing or take any disciplinary action against
an affected worker in respect of drugs and alcohol, until the worker has completed the initial training as
detailed in clause 3.1.
This training will be included in workplace inductions.

3.7 Medical conditions that may affect Fitness for Duty

Workers may have legitimate medical reasons for taking lawful drugs for medical purposes or where
the drug is lawfully available at pharmacies.
If a worker has a medical condition that could affect fitness for Duty, he/she should inform the
Supervisor, and a worker representative if he/she so wishes. The individual is not obliged to disclose
confidential medical information unless it is relevant to their ability to safely perform his/her role.
If a worker's ability to safely perform normal work duties is affected by taking prescription or pharmacy
drugs, the worker should obtain this advice in writing from the medical practitioner and/or pharmacist
and provide it to the supervisor, and worker representative if he/she so wishes, as soon as practicable.
Any worker required to participate in drug testing is obliged to declare to the tester any medication
taken immediately prior to the test being conducted. Such information will be kept confidential and only
used in determining if such medication has contributed to or caused a non-negative result.
If the worker declares the medication which results in a non-negative result prior to any testing being
conducted, the worker will be deemed unfit for work until the drug class declared is confirmed by a

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testing laboratory. Subject to a medical practitioner confirming & outlining the effects on fitness for
work, no action will be taken against the worker in these instances.

If the worker did not declare the medication prior to the testing being conducted, then the Consequence
clause below will apply, unless the worker can prove subsequently he/she has taken the medication
which has resulted in the positive result or sufficient evidence is provided by a medical practitioner
outlining the medication taken (consistent with the drug test result) and the effects on fitness for work.

4.0 SUPPORT

4.1 Available support

[Insert Company] will make available support to the workers in respect of drug and alcohol issues. This
will include:

- allowing access to any Union support programs; and

Providing access to [Insert Company] Employee Assistance Program (EAP).

4.2 Employee Assistance Provider (EAP)

The worker will be allowed to access EAP counselling during normal working hours and without loss of
pay. An agreed leave of absence arrangement or loss of pay is to apply for matters outside of this EAP
counselling as agreed between [Insert Company] and the worker.

5.0 REGULAR TESTING

Regular drug and alcohol testing (for substances as per Appendix C) will be conducted on a monthly
basis involving all workers (as defined by clause 1.4 definition) on the project. Testing will be
conducted based on the following scales:

- Where there are less than 30 workers on site, a minimum of 10% of the workforce will be tested.
- Where there are 30 to 100 workers on site, a minimum of 5 workers will be tested.
- Where there are greater than 100 workers on site, a minimum of 10 workers will be tested.
- Visitors will be subject to for cause testing only

5.1 Selection Process

Workers will be selected for testing using a random selection process nominated by management
following a consultation process in line with Victorian Occupational Health and Safety Act 2004.

5.2 Testing Process

[Insert Company] will ensure regular selection of workers to complete the testing will be conducted in a
clear and transparent manner in the presence of the Drug and Alcohol Officer, Drug and Alcohol
Impairment Officer and a Health and Safety Representative/Committee member where appointed.

6.0 DRUG & ALCOHOL TESTING (1 8' STEP)

6.1 Principle
NB: This clause does not limit the random testing required under clause 5

The Parties agree that the pre-conditions to testing as set out in this clause represent a proper balance
of ensuring a safe workplace and protecting privacy and associated rights of workers.

[Insert Company] shall only request a worker to undertake 'for cause" or "reasonable concern" testing
if the criteria set out below for "for cause testing" or "reasonable concern testing" are satisfied.

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A worker may voluntarily test. This process is dealt with below in the section dealing with "Self-testing".
- - - - - -------

The following are the only testing processes and techniques that can be used to undertake 'for cause"
or "reasonable concern" or "self-testing". Any failure to comply with this clause will render the tests
invalid, and no action will be taken against the worker in connection with the results of a non-complying
test.

6.2 Self-Testing

Facilities will be made available for workers choosing to undertake a self-test for alcohol and/or drugs.
The number of workers self-testing should not exceed 10% of the total workforce per month.

6.3 For Cause Testing

[Insert Company] may only request a worker to undertake for cause testing if the following criteria are
met:

- The worker has been involved in an accident or incident, or had the potential to, cause:
- Serious and major damage to mobile plant or property; or
- An injury to himself/herself or other individual(s).
- Participation in a relevant and specific Industry focus area when the worker is undertaking High
Risk Work as identified by [Insert Company]. Workers will be selected for testing using a random
selection process nominated by [Insert Company] management following a consultation process in
line with OHS legislation.

6.4 Reasonable Concern Testing

[Insert Company] may only request a worker to undertake reasonable concern testing if the following
criteria are met:

An observable phenomena occurs, which is:

- the direct observation of the worker of using, and/or the physical behavioural symptoms of being
impaired by, alcohol and/or other drugs; and/or
- unusual and/or inexplicable actions by the worker;
- There is evidence that the worker is involved in the use or possession of alcohol and/or other
drugs while working; or
- The worker has breached safety provisions or procedures.

7.0 TESTING PROCEDURE (2" 0 STEP)

7.1 Self-Testing

The following process is designed to encourage self-testing where a worker is unsure of his/her fitness
for work. Self-testing will be done in accordance with the following:

- [Insert Company] will provide workers with private and confidential facilities and equipment to self-
test for alcohol and/or drugs on a "without prejudice" basis before starting work.
- The worker who seeks to self-test for alcohol shall do so in accordance with the relevant testing
method below.
- The worker, who seeks to self-test for drugs, shall advise the D&A Officer of this.
- The D&A Officer shall then conduct the relevant testing method below if requested.

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7 .2 For Cause or Reasonable Concern testing procedure

If the pre-conditions for "For Cause or Reasonable Concern" testing have been satisfied, the following
procedure may be engaged in.

[Insert Company] shall firstly meet with the worker, who will be given the opportunity to have a
representative of their choice present where practicable. At this meeting:

- [Insert Company] shall advise the worker of the factual foundation which has satisfied the relevant
pre-conditions for testing;
- [Insert Company] may request the worker to undertake an Observable Impairment Assessment
(see Appendix A).
If the worker refuses to undertake the Observable Impairment Assessment (Appendix A), then the
refusal clause shall apply.
- If the worker agrees, then the 'Observable Assessment Checklist' is undertaken and completed in
accordance with Appendix A.
- If deemed to be impaired, the worker is to be tested in accordance with the Testing Methods
clause.
- If not impaired, the worker shall return to work and all records shall be destroyed.

8.0 TESTING METHODS FOR DRUGS & ALCOHOL

8.1 Alcohol Testing Method

Alcohol testing may only be done by use of an Accredited Breath Test device. The device must be
calibrated and meet the minimum requirements of AS3547.

8.2 Drug Testing Method

Drug testing may only be done by oral fiuid testing. The [Insert Company] DAMP requires that the
following substances are tested for:

- Opiates;
- THC:
- Cocaine;
- Benzodiazepines;
- Amphetamine; and
- Methamphetamine.

The equipment used to perform the test shall be used, tested and calibrated to the manufacturer's
instructions and certified to AS 4760 (Processes for specimen collection and the detection and
quantitation of drug in oral fluid).

The drug testing shall be conducted by an accredited person, following all of the chain of custody
provisions.
The test must be performed in accordance with AS 4760 (Procedures for specimen collection and the
detection and quantitation of drugs in oral fiuid).

This includes, but is not limited to:

- performing all the quality assurance requirements, such as negative and positive controls every 25
tests; the testing body must be accredited and independently audited by an organisation such as
ISO or NATA;

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- Collectors must be trained and receive a certificate of attainment in accordance with the Australian
-- -- - ----QualilyTraining-Frameworl<;
- Oral Fluid devices must have the recommended cut-off levels;
- Oral Fluid devices must undergo regular quality control checks including a positive and negative
control every 25 tests, and one in 20 negative donor samples must be sent to an appropriately
accredited laboratory to confirm a negative result;
- Collectors are required to explain the procedures to each donor, conduct an approved identity
check, and have them complete a consent form;
- Collection and performance of the initial test must be performed in the presence of the donor; and
- An unconfirmed (non-negative) sample must be despatched under strict chain of custody
procedures including a second reference sample which has been collected at the same time.

The quantification analysis of the samples detected as non-negative in the on-site device must be
conducted in a NATA accredited laboratory for confirmation testing.

The above does not apply to self-testing to the extent that it is inconsistent with the self-testing regime.

9.0 TESTING RESULTS

9.1 Principle

The overarching principle of this program and testing is to identify workers who are not fit to perform
the inherent requirements of their position.

Alcohol Testing

- A worker undertaking any work activities will be considered to have not passed the BAG test if
his/her test result indicates a BAG of more than 0.00 mg/ml.

9.2 Drug Testing

- A worker will be considered to have not passed their drug test if their test result indicates they have
equal to or above the relevant cut-off levels of the substances referred to in AS 4760.
- [Insert Company] shall only be advised whether the test result is positive or negative for drugs.
[Insert Company] will have one central database to record and monitor disciplinary action should a
worker have a 1st, 2nd or 3rd infraction. [Insert Company] will inform the relevant Subcontractor
line manager of the confirmatory result for each employee. This information should be made
available to the EAP provider as agreed by the worker.
- The worker shall receive the full drug test results report (as per AS 4760). Note: Benzodiazepine
level to be provided by the prescribed testing laboratory.
- The results shall be provided by confidential email or in a sealed envelope, marked private and
confidential from the relevant tester.

10.0 CONSEQUENCES

10.1 Self-Testing

Workers who self-test positive for alcohol and/or drugs shall advise [Insert Company] that they are unfit
for work.

All reasonable assistance is to be afforded to ensure the affected worker can make his/her way from
the workplace to a safe location without harm (e.g. taxi, lift from a friend or supervisor).

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Workers who test positive for alcohol and/or drugs are required to present to the D&A Officer for self-
testing prior to their next shift to conduct a test. The worker is required to provide a negative sample
prior to entering the job.

An agreed leave of absence arrangement or loss of pay is to apply.

No record of testing shall be kept

Note: Self-testing does not exempt workers from being part of any other determined drug & alcohol
testing

10.2 Alcohol Test

Workers who pass the alcohol test shall be permitted to return to work immediately. No individual test
record is to be maintained.

Workers who do not pass the alcohol test are required to cease work and will be retested 60 minutes
after initial test or at the discretion of the Testing Officer.

Workers who are retested after 60 minutes and pass the alcohol test are permitted to return to work
immediately. No loss of pay is to apply and no individual test record is to be maintained.

Where a worker is retested after 60 minutes and does not pass the alcohol test, he/she is not
permitted to return to work and shall leave the workplace when practicable. All reasonable assistance
is to be afforded to ensure the affected worker can make his/her way from the workplace to a safe
location without harm (e.g. taxi, lift from a friend or supervisor). For the period after the first 60
minutes, an agreed leave of absence arrangement or loss of pay is to apply.

Prior to returning to work, the worker will be required to take an alcohol test on site with a Drug &
Alcohol Officer present. The worker can only return to work if the test result is 0.0. BAC

10.3 Drug Testing

Workers recording a negative result (pass) are permitted to return to work immediately. No record of
the test is to be maintained.

Workers recording an onsite non-negative result (fail) will NOT be permitted to return to work and the
oral fiuid sample will be sent immediately for confirmatory testing at an accredited laboratory in line with
AS 4760. The worker shall then leave the workplace when practicable. All reasonable assistance is to
be afforded to ensure the affected worker can make their way from the workplace to a safe location
without harm (e.g. taxi, lift from a friend or supervisor). An agreed leave of absence arrangement or
loss of pay is to apply.

Workers who have recorded an onsite non-negative result (fail), who has then subsequently recorded a
negative result (pass) in the confirmatory testing, shall return to work at the start of their next allocated
shift and without any loss of pay.

Workers who have recorded an onsite non-negative result (fail), who has then subsequently recorded a
positive result (fail) in the confirmatory testing, shall not be permitted to return to work. An agreed leave
of absence arrangement or loss of pay is to apply.

However, a worker may dispute the confirmatory test and elect to have Sample B tested at the same or
an alternative NATA accredited laboratory. If the result is negative (pass), the worker may return to
work with no loss of pay or disciplinary action. If the result is confirmed positive (fail) the worker will not
be permitted to return to work and an agreed leave of absence arrangement with [Insert Company] or
loss of pay is to apply. The cost of this Sample B testing is borne by the worker.

A worker who was required to leave the workplace for non-compliance is required to return a negative
(pass) retest prior to commencing their next normal shift. An agreed leave of absence arrangement or
loss of pay is to apply for the duration of their absence.

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10.4 Refusal to Test

The following steps shall be undertaken if a worker refuses to participate in the

abovementioned tests (excluding self-testing):
- [Insert Company], will inform the worker and the worker's chosen representative, the refusal will
have the same consequences as a non-negative result, i.e. that the worker will be deemed to be
unfit for work due to the presence of alcohol or drugs.
- If the worker still refuses, [Insert Company] and the D&A Impairment Officer shall consult with the
worker and the worker's chosen representative, regarding the requirements, process and
consequences of refusing to test and encourage him/her to partake in the test. This would be the
second request to be tested.

If the worker still refuses, the refusal will be treated as a confirmed positive result, and will be subjected
to the relevant consequences of such. All reasonable assistance is to be offered to ensure the worker
can make his/her way from the workplace to a safe location without harm (i.e. Taxi, lift from a friend or
Supervisor). An agreed leave of absence arrangement or loss of pay is to apply for the duration of their
absence

10.5 Disciplinary Action

The following sets out the action which may be taken when a worker returns a confirmed positive result
to an alcohol or drug test.

First Occasion - A worker who has received a first confirmed positive test for alcohol or drugs (other
than by self-testing) will be:

- Required to attend the Support referred to in clause 4;

- Informed of the consequences of testing positive and obligation to present, or remain in a fit state;
- Informed of further disciplinary action and testing requirements should he/she have a confirmed
positive result (alcohol or drug) within the next 12 months.
- Second Occasion - A worker who has received a second confirmed positive test for alcohol or
drugs (other than by self-testing) within any 12 month period will be:
- Required to re-attend the Support referred to in clause 4;
- Required to participate in a rehabilitation program as per clause 4;
- Informed of the consequences of testing positive and obligation to present, or remain in a fit state;
- Given a verbal warning with diary entry placed on file; and
Informed of further disciplinary action and testing requirements should they have a confirmed
positive result (alcohol or drug) within the next 12 months.

A worker who has received three confirmed positive test results for alcohol or drugs which has been
detected in a 12 month period may be dismissed under [Insert Company]'s disciplinary processes.

A worker who fails to attend EAP sessions or other support sessions may be dismissed under the
worker's disciplinary processes.

[Insert Company] will liaise with & provide assistance when required, to Subcontractors in matters
relating to their individual EAPs & other support processes.

No disciplinary action will be taken in respect of positive test results from a self-test.

10.6 Self-Declaration

Workers will not be disadvantaged for self-disclosure and therefore will be supported through
counselling and rehabilitation processes and provided with the support contained in clause 4. In such

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cases the worker will be required to take accrued or negotiated unpaid leave and may return to work
when fit for duty.

The worker may be suspended from any work with immediate effect in order for an assessment to be
made of the duties he/she are able to perform safely and a drug and alcohol test is to be undertaken as
soon as reasonably practicable.

11.0 CONFIDENTIALITY

11.1 Confidentiality of Information

All information gathered as a result of alcohol and other drug testing is collected for the purpose of
implementing this process.

11.2 Confidentiality of Results

The positive/negative result from a drug and alcohol test must remain confidential information and
use/access/dissemination shall be restricted to those whose role makes it necessary to have access to
it.

11.3 [Insert Company]'s Duties

[Insert Company] will adhere to the following:

- Testing will be conducted in a location that maintains the privacy and dignity of the individual.
- Negative (pass) results will be destroyed. Evidence of the tests being conducted will be retained on
site.
- Workers who record a non-negative (fail) result will be treated at all times in a respectful and non-
judgemental manner by all involved in the management of the matter.
- Positive and non-negative (fail) alcohol or drug test results will be retained on file until 12 months
has elapsed since the most recent positive/non-negative result.

11.4 Release of Information

[Insert Company] will only release information to a third party as required by law.

12.0 CONSULTATION

12.1 Amendments to DAMP

If a Party believes that an amendment to the DAMP is required, it shall request and organize a
consultation meeting involving [Insert Company], the relevant Union and the Drug & Alcohol Officers if
appointed.

12.2 Aim

The attendees shall seek to reach agreement on any proposed amendments.

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APPENDIX A- OBSERVABLE IMPAIRMENT ASSESSMENT CHECKLIST

Assessment of a person is to be made in accordance with this list of observable indicators in the
context of changes to a person's behaviour. The following 2 persons must perform and sign off on the
assessment:
A [Insert Company] Management Representative who has had training in D&A impairment awareness.
A worker Representative who has had training in D&A impairment awareness.
At least one (1) of the physical indicators must be satisfied and agreed between the abovementioned
persons for a reasonable suspicion of impairment to be established.
Emotional effects (the second part of the table) shall not be used as indicators of reasonable suspicion
but may be recorded as additional information and for comment.

DETAILS:

Name of Individual being Assessed:

Daternme:

Contact Number:

I
Name of Responsible Persons
(Management Representative & Worker
Representative)

ASSESSMENT TRIGGER:

List Behaviour/ Actions/ Observations noted prior to this assessment:

PHYSICAL INDICATORS

INDICATOR OBSERVED-
Yes/No

Strong smell of alcohol on the breath

Slurred, incoherent or disjointed speech (losing track)

Unsteadiness on the feet

Poor coordination / muscle control

Drowsiness or sleeping on the job during work breaks

Inability to follow simple instructions

Nausea / vomiting

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DETAILS:

Reddened or bloodshot eyes

µaw Clenching

Sweating/ hot and cold flushes

EMOTIONAL INDICATORS (Not a basis for reasonable suspicion)

INDICATOR OBSERVED-
!Yes/No

Loss of inhibition

f'6.ggressive or argumentative behaviour

Irrational

Intense moods (sad, happy, angry)

Quiet and reflective

lralkative

Increased confidence

!Appearance or behaviour is out of character'

BREATH

Smell of intoxicating liquor: • Nil • Slight • Strong

Other:

~KIN

• Normal/Pale • Excessive Perspiration • Flushed

Other:

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OBSERVATION CHECKLIST (CONT):

CLOTHING

• Orderly • Soiled • Disarranged

Other:

ATTITUDE: (Circle the appropriate description(s))

Co-operative Evasive Anxious Excited Drowsy

Relaxed Irritable Indifferent Hostile Cocky

-.:>EfdBteu 1(ntagomst1c uepressea

Other:

ACTIONS: (Circle the appropriate descriplion(s))

Fighting Swearing Hiccups Belching Runny Nose

Talkative Hallucinations Crying Restlessness Dribbling

Vomiting Constant Scratching Unable to follow instructions

Other:

EYES: (Circle the appropriate description(s))

Normal Watery Glazed Bloodshot Eyelids Drooping

I

Pupils Enlarged Pinpoint Pupils Rolling Eyes

Other:

BREATHING: (Circle the appropriate description(s))

Normal Short Jerky Rapid Shallow

Slow

Other:

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OBSERVATION CHECKL/ST (CONT):

SPEECH: (Circle the appropriate description(s))

Normal Incoherent Slurred Confused Fast

Slow

Other:

BALANCE: (Circle the appropriate description(s))

Unsteady Swaying Slumping Falling

Other:

MOVEMENT/WALKING: (Circle the appropriate description(s))

Needs Support when Sluggish Staggering/Clumsy Uncontrolled Tremors

Walking Muscle Movement
Jerky

Other:

AWARENESS: (Circle the appropriate description(s))

Identify Colleagues Day/Date Time Place Recent Events

Other:

QUESTIONS

Can you give any reason for your appearance and behaviour as noted above:

Response:

Could you be under the influence of drugs and/or alcohol?

Response:

Have you consumed drugs and/or alcohol since the commencement of the shift?

Response:

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ASSESSMENT RESULT (Both responsible persons must agree)

----------~

No Testing Required (alternate action if applicable - note in comments below)

esting required - At least one (1) physical indicator in evidence

Both responslble person(s) agree Person 1 Person 2

COMMENTS (mcludmg m,hgatmg factors noted or explained by the person, emotional factors 1denttfied above,
further acltons to be undertaken ma mclude the followmg)

Signature: Date:

Name of Responslble Person 1

Signature: Date:

Name of Responsible Person

2

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Signature: Date:

APPENDIX B - DRUG & ALCOHOL COUNSELLING ADVICE

Alcoholics Anonymous (AA)

National Tel: 1300 22 22 22 24 hour Helpline: 1300 22 22 22
Australian Drug Foundation {ADF)
Tel: 1300 858 584
[email protected]
Directline
Tel: 1800 888 236
www.directline.org.au
Directline is a state-wide alcohol and drug service that provides phone counselling, information and
referral.

lncolink Support Services

1 Pelham Street

Carlton 3053

Tel: 03 9639 3000 and

1300 INCOLINK for non-English speakers

incolink.orq.au
Family Drug Help
Tel: 1300 660 068
www.familydrughelp.org.au
Support, information, education, inspiration and encouragement for family members of people who use
drugs.
Family Drug Support
Tel: 1300 368 186
www.fds.org
Support for families faced with problematic drug use.
Lifeline

Tel: 131114
www.lifeline.org.au

If you are feeling suicidal or that you just can't cope then call Lifeline.

MATES in Construction

24 hour Helpline: 1300 MIG 111 (1300 642 111)

Narcotics Anonymous

www.na.orq.au

What the [Insert Company] Employee Assistance Program (EAP) assists direct employees with:

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The [Insert Company] EAP will help you to identify, explore and manage any issues impacting your life,
· - - · · --Which.can i n c l u d e : : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Conflict and communication

Maximizing performance
Depression, anxiety and stress
Relationship and marital problems
Children or family member concerns
Grief and bereavement
Elder care issues
Addictions
Career path issues
Retirement
Work life balance
Work stress
By calling the toll free number below you can arrange an appointment in Australia at a convenient time
and location.
Tel: 1800 808 374-Assure Programs
What you need to know ...

Where does counselling take place?

It's up to you! [Insert Company] can provide counselling services over the phone or off-site, face to face
at one of our national locations.
Who are the counsellors?

All Assure counsellors are highly professional qualified psychologists and social workers, with peak
industry body accreditation and experience.
Who pays for the service?

[Insert Company] has an EAP which is free for direct workers and any eligible immediate family
members.
How long are EAP Sessions?

Each EAP session lasts about an hour. You will also have access to the new member portal, which has
an abundance of wellbeing resources and self-help tools.
Further Information

Further information may be obtained from the HSE and HR Teams.

APPENDIX C -TEST TARGET CONCENTRATIONS

Test cut off concentrations in accordance with Australian Standard AS3547:1997 Breath
alcohol devices for personal use and AS 4760:2006 Processes for specimen collection and
the detection and quantitation of drugs in oral fluid.

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ALCOHOL TESTING THRESHOLD

..
lcohol 0.00%

DRUG TEST THRESHOLDS

From Table 3.1, AS 4760:2006, On-site Initial Test Target Concentrations

Class of Drug Target Concentration (ng/mL)

Opiates 50

~mphetamine-type stimulants 50

09 tetrahydrocannabinol (THC) 25

Cocaine and metabolites 50

Note: These targets represent the undiluted oral fluid concentration.

From Table 4.1, AS 4760:2006, Laboratory Immunoassay Initial Test Target Concentrations

Class of Drug Target Concentration (ng/mL)

Opiates 50

~mphetamine-type stimulants 50

09 tetrahydrocannabinol (THC) 25

Cocaine and metabolites 50

Note: These targets represent the undiluted oral fluid concentration.

From Table 5.1, AS 4760:2006, Non-Immunoassay Initial Test and Confirmatory Target
Concentrations

Compound Target Concentration (ng/mL)

Morphine 25

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Compound arget Concentration (ng/ml)

Codeine 25
6-Acetyl morphine 10

Amphetamine 25
Methylamphetamine 25
Methylenedioxymethlamphetamine 25
Methylenedioxyamphetamine 25

tetrahydrocannabinal (THC) 10

Cocaine 25
Benzoylecgonine 25
Ecgonine methyl ester 25

Notes:
1. These targets represent the undiluted oral fluid concentration.
2. For analysis not included in this Table, the laboratory should select a target concentration as
appropriate for oral fluid.

Note: Benzodiazepine target concentrations to be confirmed with the laboratory used.

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13.0 APPENDIX D - EXAMPLE DRUG TESTING CONSENT AND CHAIN OF CUSTODY FORM

Project Testing Schedule

Schedule agreed by Frequency

he testing method will be:

Testing Methodology

Drug testing will be conducted on a frequency of:

Drug Testing

:....
Blood Alcohol Content will be conducted on a frequency of:
Alcohol Testmg

Record of Testing Completed

Test Date Type of Test Tested By

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--APPENDIX-I - Living Away From Home Allowance

1.1 Qualification
(a) An Employee shall be entitled to the provisions of this clause when
employed on a job or construction work at such a distance from the
Employees' usual place of residence that the employee cannot
reasonably return to that place each night under the following conditions:
(i) The Employee is not in receipt of relocation benefits.
(ii) The Employee is maintaining a separate place of residence to
which it is not reasonable to expect the employee to return each
night; and
(iii) The Employee on being requested by the employer informs the
employer, at the time of engagement, that the Employee maintains
a separate place of residence from the address recorded on the
job application.
(b) Subject to clause 1.2 hereof an employee is regarded as bound by the
statement of the employees' address and no entitlement shall exist if
unknowingly to the employer the employee wilfully and without duress
made a false statement in relation to the above.
1.2 Employee's address
(a) The employer shall require and the applicant shall provide the employer
with the following information, in writing, at the time of engagement:
(i) the address of the place of residence at the time of application;
and
(ii) the address of the separately maintained residence, if applicable.
(b) Provided however, that the Employer shall not exercise undue influence,
for the purpose of avoiding its obligations under the award, in persuading
the prospective employee to insert a false address.
(c) No subsequent change of address shall entitle an employee to the
provisions of this clause unless the employer agrees.
(d) Documentary proof of address such as a long service leave registration
card or driver's licence may be accepted by an employer as proof of the
employee's usual place of residence.
(e) The address of the employee's usual place of residence and not the
place of engagement shall determine the application of this clause.
(f) Any dispute arising in respect of this clause shall be dealt with in
accordance with clause 10 disputes resolution procedure of this
Agreement.

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(g) The Employer shall not in any way attempt to influence or persuade an
Employee to provide a false address for the purposes of this clause.
1.3 Entitlement
Where an employee qualifies under clause 1.1 hereof the Employer shall:
(a) as of the 1 October 2020, pay an allowance of $785.00 per week of
seven days but such allowance shall not be wages. In the case of broken
parts of the week occurring at the beginning or the ending of the
employment on a distant job the allowance shall be $155.00 per day.
Provided that the foregoing allowances shall be increased if the
employee satisfies the employer that the employee reasonably incurred
a greater outlay than that prescribed. In the event of disagreement the
matter may be dealt with in accordance with clause 10 - Disputes
resolution procedure of this agreement. In addition, $12.00 shall be paid
for each night the employee is required to be away from home; or
(b) provide the Employee with reasonable board and lodging (reasonable
board and lodging shall mean lodging in a well kept establishment with
three adequate meals each day, adequate furnishings, good bedding,
good floor coverings, good lighting and heating with hot and cold running
water, in either a single room or twin room if a single room is not
available),
1.4 Travelling expenses
An employee who is sent by an employer or selected or engaged by an
employer or agent to go to a job which qualifies the employee to the
provision of this clause shall not be entitled to any of the allowances
prescribed by clause 25.6 of this Agreement for the period occupied in
travelling from the employees' usual place of residence to the distant job,
but in lieu thereof shall be paid:
(a) Forward journey
(i) The time spent in travelling, at the Ordinary Rate up to a maximum
of eight hours per day for each day of travel (to be calculated as
the time taken by rail or the usual travelling facilities).
(ii) The amount of a fare on the most common method of public
transport to the job (bus; economy air; second class rail with
sleeping berths if necessary, which may require a first class rail
fare), and any excess payment due to transporting tools if such is
incurred.
(iii) Any meals incurred while travelling at the rate of meal allowance
as stipulated at clause 37 of the Agreement.
(iv) Provided that the employer may deduct the cost of the forward
journey fare from an employee who terminates or discontinues
employment within two weeks of commencing on the job and who
does not forthwith return to the employee's place of engagement.

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(b) Return journey

- - - - - - -----------

(i) An employee shall, for the return journey, receive the same time,
fares and meal payments as provided in clause 1.4(a) hereof,
together with an amount of $21.23 to cover the cost of transport
and transporting tools from the main public transport terminal to
the employees usual place of residence. Subject to further order
this allowance shall not be payable to employees engaged on
weekly hire.
(ii) Provided that the above return journey payments shall not be paid
if the employee terminates or discontinues employment within two
months of commencing on the job or is dismissed for
incompetence within one working week of commencing on the job,
or is dismissed for misconduct.
(c) Departure point
For the purpose of this clause, travelling time shall be calculated as
the time taken for the journey from the Central or Regional rail, bus or
air terminal nearest the employee's usual place of residence to the
locality of the work.
1.5 Daily fares allowance
An employee engaged on a job who qualifies under the provisions of this
clause and who is required to reside elsewhere than on the site (or
adjacent to the site and supplied with transport) shall be paid the allowance
prescribed by clause 25.6 of this Agreement.
1.6 Weekend return home
(a) An employee who works as required during the ordinary hours of work
on the working day before and the working day after a weekend and who
notifies the employer or employers representative, no later than Tuesday
of each week, of the employees intention to return to the employees
usual place of residence at the weekend and who returns to such usual
place of residence for the weekend, shall be paid an allowance of $35.28
for each occasion.
(b) Clause 1.6(a) hereof shall not apply to an employee who is receiving the
payment prescribed in clause 1.3(a) hereof in lieu of board and lodging
being provided by the employer.
When an employee returns to the employees usual place of residence for a
weekend or part of a weekend and is not absent from the job for any of the
ordinary working hours, no reduction of the allowance prescribed in clause
1.3(a) hereof shall be made.
1.7 Alternative paid day off procedure
If the employer and the employee so agree in writing, the paid rostered day
off as prescribed in clause 36 - Rostered Days Off of this agreement, may
be taken, and paid for at the end of the project, or on termination whichever
comes first.

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1.8 Termination
An employee shall be entitled to notice of termination in sufficient time to
arrange suitable transport at termination or shall be paid as if employed up to
the end of the ordinary working day before transport is available.
1.9 CPI movements
The amounts prescribed by this clause will be adjusted annually in accordance
with CPI (All Groups, Melbourne) movements measured in the twelve month
period ending the previous December quarter effective as of 1 March from
2021 onwards, rounded to the nearest five cents.

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APPENDIX J Notification Form pursuant to clause 36.B(c) to

Work on Scheduled RDO

Date: _ _ _ _ _ _ _ _ _ _ _ _ __
Employer:
Date of scheduled RDO to be Worked:
I
Project Name:
Project Address: I

-----------------------------------------------------------------
'
Work to be Undertaken:
i

Approximate Number of Employees required:

Union Delegate/ Employee Representative (if !

applicable) I

Manager Contact Details:

I Name: I Email:
Phone: Fax:
Tick the appropriate box:
• Affected Employee/s consulted by Employer.
• Affected Employee/s not wishing to work in accordance with the clause have
been given opportunity to reasonably refuse.
• Affected Employee/s informed that if they have a concern about working the
scheduled RDO they can raise the matter with their Union Delegate/ Employee
representative.
Reason/s for work on scheduled RDO (as per clause 36 of the Agreement)
• Allow others to work productively
• Maintenance, repair, commissioning
• Unforeseen delays
• Inclement weather
• Unexpected delays, scheduling, supplies
• Restrictions, laws, regulations, etc.

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~·· _., -------------------------------------------

Explanation of ground/s listed above:

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APPENDIX K - Sexual l-larassment Principles

Gendered violence causes physical and psychological harm and poses significant risk to
the health, safety and wellbeing of the workers. Gendered violence is any behaviour that
causes harm to a worker because of their sex, gender or sexual orientation.

1 SEXUAL HARASSMENT
1.1 Purpose
Sexual harassment is unlawful and prohibited by both the Equal Opportunity Act 2010
(Vic) and the Sex Discrimination Act 1984 (Cth}.
The Parties are committed to providing a safe, flexible and respectful environment for all
employees free from all forms of sexual harassment.
1.2 Principles
The principles associated with this provision are that:
• Sexual harassment is unlawful and will not be tolerated in the workplace.
• A single incident can constitute sexual harassment.
• Employees may be personally liable if allegations of sexual harassment are
substantiated against them.
• Legal action (civil and/or criminal) may be taken against a person who has
engaged in sexual harassment.
• The Parties recognises that comments and behaviour that do not offend one
person can offend another. All employees are required to treat others with dignity,
courtesy and respect.
1.3 Responsibilities
Employees
All Employees must:
• not engage in sexual harassment;
• participate in any training provided by the Employer;
• treat information in relation to claims of sexual harassment with confidentiality;
• ensure that a person is not victimised for making, or being involved in, a sexual
harassment complaint; and
• report any observations of suspected or alleged sexual harassment in accordance
with this Policy.

Employer
The Employer will treat all complaints seriously and take prompt and appropriate action
to address them in accordance with this Policy.

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2 SEXUAL HARASSMENT IN THE WORKPLACE

2.1 What is sexual harassment?
Sexual harassment in the workplace may take various forms and can be directed at, and
perpetrated by, all persons including male, female, transgender and gender diverse. It
may be physical, spoken or written and may include, but is not limited to unwelcome:
• physical contact of a sexual nature;
• comments or questions of a sexual nature about a person's private life or their
appearance;
• sexually suggestive behaviour, such as leering or staring or offensive gestures;
• brushing up against someone, touching, fondling or hugging;
• sexually suggestive comments or jokes;
• displaying offensive screen savers, photos, calendars or objects;
• repeated requests to go out;
• unwanted displays or declarations of affection;
• requests for sex;
• sexually explicit emails, text messages or posts on social networking sites;
• sexual assault, indecent exposure, physical assault and stalking (which are also
criminal offences); and
• actions or comments of a sexual nature in a person's presence (even if not
directed at that person).
2.2 Threshold
The Equal Opportunity Act 2010 and the Sex Discrimination Act 1984 provide that
sexual harassment occurs in circumstances in which the conduct is unwelcome and
where a reasonable person, having regard to all the circumstances, would have
anticipated that the other person would be offended, humiliated or intimidated.
There is no requirement that the unwelcome conduct be repeated; a one-off incident can
be sexual harassment. Equally, a broader pattern of behaviour can constitute sexual
harassment.
2.3 What is the workplace?
Within the workplace
For the purposes of sexual harassment law, a workplace is any place a person attends
for the purpose of carrying out functions in connection with, or in the course of their
employment or prospective employment. This includes work performed at your
designated site as well as attendance at work related events and functions.

3 REPORTING SEXUAL HARASSMENT

The Parties will not stand for any form of sexual harassment in the workplace. The
Parties strongly encourages employees who believe they have been sexually harassed

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or have witnessed sexual harassment to consider making an informal or formal

-complain. ------ -------

In cases of sexual assault, employees will be invited to make a report to the police.
3.1 Confidentiality
Disclosures/complaints of sexual harassment will be treated in confidence in order to
protect an employee's personal privacy as much as possible.

4 RESPONDING TO SEXUAL HARASSMENT

4.1 Employer's responsibility
If a complaint of sexual harassment is made, or sexual harassment is observed or
brought to the attention of the Employer it must be acted upon, as appropriate, as soon
as practicable. When considering the report of sexual harassment the complainant and
respondent will be:
• treated fairly and respectfully; and
• allowed the opportunity to respond to any allegations made against them before
any final decision is made.
4.2 Findings
A substantiated complaint of sexual harassment may result in a number of outcomes
against an employee, including termination of employment. Depending on the severity of
the case, actions following a finding of sexual harassment can range from an apology to
disciplinary action against the person found to have engaged in harassment (such as
demotion, transfer or termination of employment).
Each case will be assessed on its own merits.

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APPENDIX M - Sham Contracting Compliance Checklist

Sham contacting: Compliance checklist

This checkllst Is provided to help prlnclpal contractors and subcontractors make a preliminary self~
assessment of their compliance with various laws relating to visas and sham contracting. If the
conlractor is in doubt about Its compllance with any Australlan law, it should obtain independent legal
advice.
It is best practice for principal conbactors to provide this checklist lo subcontractors as part of the
engagement process each time a contractor Is engaged.
Prlnclpal contractors should periodlcally use this checklist to ensure continuing compliance with legal
obligatlons.

A. Sham contracting and visas Yes No

1) Does your organisation have policies, procedures, plans or systems In place to
help you meet your legal obligations to ensure: • •
. workers have a ffigal right to work in Australia
. the avoidance of sham contracUng
For principal contractors only:

2) Does your organisation:

investigate substantial price differences identified in the tender phase,
and commit to lnvestlgate all pricing to ensure emptoyees and
subcontractors are engaged legally • •
have monitoring and audttlng processes set out in management plans
and company quallty systems
require a statutory declaration for progress payments that demonstrates
• •
compllance with relevant legal obligations
• •
B. Compliance with legal obligations Yes No
1) Does your organisation have policies, procedures, plans or systems to ensure
compliance with the follaiNing ffiglslalion:
Commonwealth work~ace relations legislation (including the Building D 0
and Construction Industry (Improving Pr'oductivity) Act 2016 (Cth)
and where appllcable the Code for tho Tendoring and Porforrnanoo of
Building Work 2016 and the Fair Work Act 2009 (Cth))

·~RIA I Pn,mi~r
co,;l(:obn1tt
~L-ftt

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---- ,~
B. Compliance with legal obligations (cont.) Yes No
Long service leave (includlng the Construction Industry Long Service
Leave Act 1997 (Vic) and Long Service Leave Act 2018 (Vic)) • •
Labour hire laws (including the Labour Hiro Licensing Act 2018 (Vic))
• •
Occupational health and safety (Including the Occupational Health and
Safety Act 2004 (Vic)) • •
Workers compensation (including the Workplace Injury Rehabilitation
and Compensation Act 2013 (Vic))
• •
• Superannuation law (including the Superannuation Guarantee
Administration Act 1992 (Cth))
• •
Immigration law (including the Migration Act 1958 (Cth))
• •
C. Managing employee entitlements Yes No
1) Does your organisation only employ employees in accordance with an enterprlse
agreement approved by the Fair Work Commission, modem award or
employment contract? • •
2) Does your organisation have policies, procedures, plans or systems In place that
allow employees lo access Information about the relevant enterprise agreement
or modern award? • •
3) In the past 24 months, has your organisation made the following payments
relating to minimum wages and employment conditions?
wages, including penalty rates, overtime and casual rates
• •
allowances
• •
annual leave
• •
• long service leave
• •
superannuation
• •
•
workers compensation Insurance
other lawful payments that are specified in a modern award or enterprise
• •
agreement, for example, payments made to redundancy funds • •
4) In the past 24 months, has your organisation been subject to any proceeding or
findings against it by a court or bibunal for sham oontracting? • •

Sham contacting: Setr-assessment checklist 2

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I
D. Visa compliance Yes No
1) Does your organisation have policies, procedures, plans or systems In place to
ensure compliance with legal obligations when engaging employees who have a
worklng visa? • •
2) Does your organisation have the policies. procedures, plans or systems In place
to ensure: • •
Visa Entitlement Verification Online system (VEVO) checks are carried
out by recruitment teams before the enga-gement and Induction of all
employees
• commercial contracts contain measures to ensure the obllgatlon for visa
compliance Is passed down the contractual chain
contractual measures are in place to oblige subcontractors to notify the
principal contractor of visa non-compliance
• appropriate compliance training is In place for recruitment teams and
hiring managers
• processes are in place lo monitor and audit contractors' management of
visa compliance
• record-keeping and document management systems are In place to store
employee visa details

3) ln the past 24 months, has your organisation been subject lo any proceedings or
findings agatnst It in respect of a breach of migration laws? • •
E. Managing contractors Yes No
1) If your organisation contracts part or all of its scope of work to a third party, does
your organisation ensure that relevant contractual documentation, arrangements
or agreements require that party to comply with their legal obligations?
• •
For principal contractors only:

2) Are your subcontractors required to notify you as the principal contractor of a

dispute concerning allegations of sham contracting? • •

Sham contacting: Self-assessment check.list 3

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--------~-

Statement of non-compliance
If you have answered 'No' lo any of the above questions, provide a detalled explanation of the
extent of non-compliance and remedial actions that will be taken.

Criteria

For subcontractors only:

Signed on beha~ of _ _ _ _ _ _ __

Date:

Sham contactlng: Self-assessment checkllst 4

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 Model flexibility term Schedule 2.2

Schedule 2.2—Model flexibility term

(regulation 2.08)

Model flexibility term

(1) An employer and employee covered by this enterprise agreement
may agree to make an individual flexibility arrangement to vary the
effect of terms of the agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and
employee in relation to 1 or more of the matters mentioned in
paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and
employee.
(2) The employer must ensure that the terms of the individual
flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair
Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work
Act 2009; and
(c) result in the employee being better off overall than the
employee would be if no arrangement was made.
(3) The employer must ensure that the individual flexibility
arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee
is under 18 years of age, signed by a parent or guardian of
the employee; and
(d) includes details of:

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Schedule 2.2 Model flexibility term

(i) the terms of the enterprise agreement that will be varied

by the arrangement; and
(ii) how the arrangement will vary the effect of the terms;
and
(iii) how the employee will be better off overall in relation to
the terms and conditions of his or her employment as a
result of the arrangement; and
(e) states the day on which the arrangement commences.
(4) The employer must give the employee a copy of the individual
flexibility arrangement within 14 days after it is agreed to.
(5) The employer or employee may terminate the individual flexibility
arrangement:
(a) by giving no more than 28 days written notice to the other
party to the arrangement; or
(b) if the employer and employee agree in writing—at any time.

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