1
Fair Work Act 2009
s.185—Enterprise agreement
Lendlease Construction Pty Limited
(AG2024/550)
LENDLEASE CONSTRUCTION AND CFMEU (QUEENSLAND AND
NORTHERN TERRITORY) COLLECTIVE AGREEMENT 2023-2027
Building, metal and civil construction industries
COMMISSIONER CIRKOVIC MELBOURNE, 19 MARCH 2024
Application for approval of the Lendlease Construction and CFMEU (Queensland and
Northern Territory) Collective Agreement 2023-2027
[1] An application has been made for approval of an enterprise agreement known as the
Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective
Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the
Fair Work Act 2009 (the Act). It has been made by Lendlease Construction Pty Limited (the
Employer). The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this
application for approval and have been met. The Agreement does not cover all of the
employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I
am satisfied that the group of employees was fairly chosen.
[3] On the basis of the material contained in the application, and the accompanying
statutory declaration, 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.
[4] The Construction, Forestry, and Maritime Employees Union (CFMEU), being a
bargaining representative for the Agreement, has given notice under s 183 of the Act that it
seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory
declaration provided by the organisation, I note that the Agreement covers the organisation.
[2024] FWCA 980
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2024] FWCA 980
2
[5] The Agreement was approved on 19 March 2024 and, in accordance with s 54, will
operate from 26 March 2024. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE523878 PR772498
OF THE FAIR WORK MMISSION THE SEALOF THE
Lendlease Construction and CFMEU
(Queensland and Northern Territory)
Collective Agreement
2023 – 2027
Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023–2027
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Table of Contents
PART 1 ADMINISTRATION ........................................................................................ 5
1. TITLE ..................................................................................................................................................... 5
2. DEFINITIONS ........................................................................................................................................ 5
3. DATE OF OPERATION ........................................................................................................................... 7
4. APPLICATION OF AGREEMENT ............................................................................................................ 7
5. PARTIES BOUND AND COVERED .......................................................................................................... 7
6. RELATIONSHIP TO AWARDS, AGREEMENTS, AND OTHER DOCUMENTS ............................................ 8
7. OBJECTIVES OF THE AGREEMENT ........................................................................................................ 8
8. INCLUSION ........................................................................................................................................... 8
PART 2 DISPUTE RESOLUTION AND CONSULTATION ................................................ 9
9. DISPUTES SETTLEMENT PROCEDURE .................................................................................................. 9
10. CONSULTATION ................................................................................................................................. 10
PART 3 SAFETY ...................................................................................................... 12
11. PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS ...................................................... 12
12. HEALTH AND SAFETY REPRESENTATIVES ........................................................................................... 14
13. HEALTH AND SAFETY REPRESENTATIVE MEETINGS .......................................................................... 14
14. HOT WEATHER GUIDELINES .............................................................................................................. 14
15. AIR QUALITY PROCEDURE .................................................................................................................. 15
16. INCLEMENT WEATHER ....................................................................................................................... 16
17. ADDITIONAL OCCUPATIONAL HEALTH AND SAFETY MATTERS ......................................................... 19
18. CRANE CREW ..................................................................................................................................... 19
PART 4 EMPLOYMENT ........................................................................................... 19
19. SECURITY OF PERSONAL INFORMATION ........................................................................................... 19
20. SITE ACCESS SYSTEMS AND INDUCTIONS .......................................................................................... 20
21. TOOLBOX MEETINGS ......................................................................................................................... 20
22. CONTRACT OF EMPLOYMENT ........................................................................................................... 20
23. EFFECTIVE WORK ORGANISATION..................................................................................................... 21
24. CASUAL EMPLOYMENT ...................................................................................................................... 21
25. APPRENTICES/TRAINEES .................................................................................................................... 22
26. ADULT APPRENTICES ......................................................................................................................... 23
27. TRAINING AND RELATED MATTERS ................................................................................................... 24
28. EMPLOYMENT SECURITY ................................................................................................................... 25
29. INDIVIDUAL FLEXIBILITY AGREEMENTS ............................................................................................. 26
30. JOB SHARE ......................................................................................................................................... 27
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PART 5 WAGES AND ALLOWANCES ........................................................................ 27
31. WAGES AND CLASSIFICATIONS .......................................................................................................... 27
32. SUPERANNUATION ............................................................................................................................ 30
33. SALARY SACRIFICE ARRANGEMENTS ................................................................................................. 31
34. INCOME PROTECTION AND PORTABLE UNUSED SICK LEAVE ............................................................ 31
35. REDUNDANCY .................................................................................................................................... 32
36. ALLOWANCES .................................................................................................................................... 33
37. LENDLEASE BENEFITS ......................................................................................................................... 39
PART 6 HOURS OF WORK ....................................................................................... 40
38. HOURS OF WORK ............................................................................................................................... 40
39. EMPLOYEE ROSTERED DAY OFF ......................................................................................................... 42
40. PRODUCTIVITY SCHEMES................................................................................................................... 43
PART 7 LEAVE ........................................................................................................ 44
41. LEAVE ................................................................................................................................................. 44
42. FAMILY VIOLENCE LEAVE ................................................................................................................... 47
PART 8 TERMINATION ........................................................................................... 49
43. TERMINATION .................................................................................................................................... 49
PART 9 REPRESENTATION ...................................................................................... 50
44. UNION DELEGATE .............................................................................................................................. 50
45. UNION DELEGATE FACILITIES............................................................................................................. 51
46. UNION TRAINING LEAVE .................................................................................................................... 51
47. UNION RIGHTS PROMOTING REPRESENTATION OF MEMBERS ........................................................ 52
PART 10 COMPLIANCE ........................................................................................... 52
48. TIME AND WAGE RECORDS ............................................................................................................... 52
49. SHAM CONTRACTING ........................................................................................................................ 53
50. SECURITY OF PAYMENTS ................................................................................................................... 54
51. TEMPORARY FOREIGN LABOUR......................................................................................................... 55
52. QUALITY BUILDING MATERIALS ......................................................................................................... 55
53. COMPLIANCE WITH THIS AGREEMENT .............................................................................................. 56
54. POSTING OF AGREEMENT AND NOTICES .......................................................................................... 56
55. SEVERABILITY ..................................................................................................................................... 56
Appendix 1 – Rates Of Pay ..................................................................................... 57
Appendix 2 – Skill Development Line ..................................................................... 61
Appendix 3 – Skill Development Program .............................................................. 65
Appendix 4 – Specialist Occupations ...................................................................... 71
Appendix 5 – Travel Allowance Explanatory Diagram ............................................ 79
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Appendix 6 - Hours Of Work Explanatory Diagram ................................................ 80
Appendix 7 – RDO Calendars ................................................................................. 81
Appendix 8 – Impairment Policy ............................................................................ 84
Appendix 9 – Audit Form ....................................................................................... 99
Appendix 10 - Calculation Of Superannuation .......................................................100
Endorsement Of Agreement .................................................................................101
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PART 1 ADMINISTRATION
1. TITLE
1.1 This agreement is known as the Lendlease Construction and CFMEU (Queensland and Northern
Territory) Collective Agreement 2023–2027 (the Agreement).
2. DEFINITIONS
The following definitions shall apply to this Agreement:
Agreement means the Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective
Agreement 2023–2027.
Apprentice or Trainee means an apprentice or trainee within the meaning of the Vocational Education,
Training and Employment Act 2000 (Qld) (VETE Act). Apprenticeship and Traineeship have a corresponding
meaning.
Associated Entity has the meaning prescribed by section 50AAA of the Corporations Act 2001 (Cth), as
amended or replaced from time to time.
Award means the Building and Construction General On-site Award 2020 or the Mobile Crane Hiring Award
2020 as applicable and as amended from time to time.
BERT is an acronym used for the Building Employee Redundancy Trust (ACN 82 010 917 281) (BERT Fund) as
described in the trust deed creating the BERT Fund (BERT Redundancy Trust Deed).
BEWT is an acronym for the Building Employees Welfare Trust. The "BEWT Fund" means the fund established
pursuant to a deed between B.E.R.T Pty Limited and James Kristen Peterson. "Trustee of the BEWT Fund"
means B.E.R.T Pty Limited or any trustee appointed under the BERT Redundancy Trust Deed.
BUSSQ is an acronym for the Building Unions Superannuation Scheme (Queensland) Pty Ltd (ABN 85 571 332
201).
Continuous Service includes absence due to: Annual Leave; Personal Leave; Parental Leave; illness or accident
up to a maximum of 4 weeks after the expiration of sick leave; jury service; injury received during the course
of employment and up to a maximum of 52 weeks for which the Employee received workers` compensation;
where called up for military service for up to 3 months; long service leave.
Continuous Shiftworker means, 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 five 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.
CIPQ means Construction Income Protection Queensland Ltd (ACN 110 841 962).
CIPS means Construction Income Protection Scheme.
Dispute means any dispute or grievance that arises at the workplace between an Employee and the Employer,
or between the Union and the Employer, about the NES or the interpretation or application of this Agreement
or in relation to any matters pertaining to the relationship between the Employer and an Employee (or
Employees), or between the Employer and the Union, including but not limited to a dispute about any
condition of employment or industrial matter.
Double time and a half means one and a half day's wages in addition to the Employee's ordinary time rate of
pay or pro rata if there is more or less than a day.
Early Start Penalty is a penalty applied to hours worked prior to 6am on day shifts starting between 4am and
6am that will be paid for at 200% of the ordinary rate and accrue towards the total ordinary hours for the day.
Employee means an employee of the Employer, who is employed as a construction worker by Lendlease
Construction Pty Limited, Lendlease Construction (Southern) Pty Limited or Lendlease Construction
(Queensland and Western Australia) Pty Limited on its building and construction projects in Queensland and
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Northern Territory in the classifications set out in the Agreement. Employees will be classified in accordance
with the Skill Development Line (Appendix 2), which provides a summary of the skill level required to be
achieved for the construction worker roles performed in accordance with this Agreement.
Employer means Lendlease Construction Pty Limited, Lendlease Construction (Southern) Pty Limited and
Lendlease Construction (Queensland and Western Australia) Pty Limited as the context requires. In this
Agreement a reference to Employer includes the plural and the plural includes the singular as the context
requires.
FW Act means the Fair Work Act 2009 (Cth) or its successor legislation.
FWC means the Fair Work Commission.
Inclement Weather means the existence of rain or abnormal climatic conditions (whether hail, extreme cold,
high wind, severe dust storm, fog, extreme heat, lightening, smoke or the like or any combination of these
conditions) where it is not reasonable or it is unsafe to continue working in those conditions.
Injury shall have the same definition as the Workers' Compensation and Rehabilitation Act 2003 (Qld), the
Workers’ Compensation Act 2015 (NT), as applicable.
Kept waiting for wages on pay day means all such time spent waiting, wherever the waiting is done.
Parties means the Employer, the Employees and/or the Union as the context requires.
Previous Agreement means the Lendlease Building / CFMEU (Queensland and Northern Territory) Agreement
2020.
QBCC means the Queensland Building and Construction Commission.
QIRC means Queensland Industrial Relations Commission.
Overtime means any time worked in excess of or outside of the ordinary working hours unless noted otherwise
in this Agreement.
Redundancy means a situation where an Employee ceases to be employed by the Employer, other than for
reasons of general, serious willful misconduct. Redundant has a corresponding meaning.
SGA means the Superannuation Guarantee (Administration) Act 1992 (Cth).
SGL means Superannuation Guarantee Levy.
Sham Contracting is where an employment relationship is disguised as a contracting relationship and if the
work can be performed under this agreement, then it must be performed under this agreement and any other
arrangement shall be considered sham contracting for the purposes of this agreement, and subject to the
penalties contained in clause 49 of this agreement.
Shiftwork shall be defined as per clause 38.
Special Class Dogman means a Dogman having no less than 12 months on the job experience in dogging tower
cranes and, having obtained a 'Verification of Competency (VOC) for a particular tower crane.
Special Class Tradesperson means a tradesperson who is engaged on work which requires the use of complex,
high quality trade skills and experience which are not generally exercised in normal construction work. For the
purpose of this definition, complex and high-quality trade skills and experience will be deemed to be acquired
by the tradesperson:
(a) Having had not less than 12 months’ on-the-job experience of such skilled work, and
(b) Having, by satisfactory completion of a prescribed post trade course, or other approved course, or
the achievement of knowledge and competency by other means including the on-the-job experience,
as will enable the tradesperson to perform such work unsupervised where necessary and practical,
to the required standard of expertise/skill.
Status Quo means the arrangements in place prior to the Dispute arising. This includes the performance,
operation and management of all work and rates of pay and allowances.
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Total Cost of Work means the total value of the project declared to QLeave or NT Build.
Union or CFMEU means The Construction, Forestry and Maritime Employees Union (Queensland Northern
Territory Construction and General Divisional Branch).
Union Delegate means an Employee elected by Union members and endorsed by the Union to represent the
interests of Union members. All parties to this Agreement shall be notified as soon as practicable after the
election of a Union Delegate.
WHS Act means the Work Health and Safety Act 2011 (Qld) or the Work Health and Safety (National Uniform
Legislation) Act 2012 (NT), where applicable.
WHS EPH means Workplace Health and Safety Entry Permit Holders under the WHS Act.
Workplace Impairment Policy and Procedures means the Workplace Impairment Policy and Procedures found
in Appendix 8.
3. DATE OF OPERATION
3.1 This Agreement will commence operation seven (7) days after it is approved by the Fair Work
Commission (Commencement of Agreement). This Agreement remains in force until 2 July
2027. The Agreement will continue to apply beyond its expiration date until it is replaced in
accordance with the FW Act.
4. APPLICATION OF AGREEMENT
4.1 This Agreement applies to:
(a) Lendlease Construction Pty Limited (LLC), Lendlease Construction Southern Pty Limited
(LLBC) and Lendlease Construction (QLD / WA) Pty Limited, in respect of its building and
construction projects in Queensland and the Northern Territory (the Employer);
(b) the CFMEU (the Union); and
(c) all Employees of the Employer engaged on Employer projects referred to in clause 4.1(a)
above, who are employed as construction workers on these building and construction
projects (the Employee).
(Collectively known as Parties)
4.2 This Agreement only applies to work done in Queensland or Northern Territory and to work
temporarily done outside Queensland or Northern Territory by Employees who are based in
Queensland or Northern Territory, except where Employees are covered by a subsequent
Greenfields agreement made under s.182(3) of the FW Act 2009 (Cth) and approved by the FWC.
4.3 Associated Entity
(a) In accordance with Division 2 of Part 2-8 of the FW Act, where an Employee transfers to an
Associated Entity of the Employer and performs the same work or substantially the same
work for the Associated Entity of the Employer, the Agreement will continue to cover the
Employee.
(b) For clarity, this clause does not apply to a circumstance where an Employee commences
employment with the associated entity more than 3 months after the Employee ceases
working for the Employer.
5. PARTIES BOUND AND COVERED
5.1 This Agreement is legally binding upon and covers the Employer, its Employees and The
Construction, Forestry and Maritime Employees Union.
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6. RELATIONSHIP TO AWARDS, AGREEMENTS, AND OTHER DOCUMENTS
6.1 This Agreement is intended to be interpreted in conjunction with the Building and Construction
General On-Site Award 2020, Mobile Crane Hiring Award 2020, and the terms of the Workplace
Impairment Policy and Procedures in Appendix 8.
6.2 Where this Agreement is silent, the terms of the above applicable Award as amended from time
to time, apply. Where there is conflict between a term of this Agreement and a term of the
applicable Award, or a conflict between two terms of this Agreement, the higher wage outcome
or other outcome more favorable to the Employee will apply.
6.3 Nothing in this Agreement is intended to confer a double benefit to an Employee in respect of
a particular subject matter or entitlement.
7. OBJECTIVES OF THE AGREEMENT
7.1 The Parties agree that key objectives of this Agreement are:
(a) to provide terms and conditions of employment commensurate with the challenges
associated with working in the construction industry;
(b) to provide safe working conditions;
(c) to provide a functional work/life balance and a comfortable standard of living; and
(d) providing a framework that seeks to maximise productivity and minimise lost time.
7.2 This shall be achieved through genuine communication, consultation, collaboration and a
sensible and practical application of terms contained in this Agreement.
8. INCLUSION
8.1 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 Anti-Discrimination Act 1991 (Qld).
8.2 The Employer shall use its best endeavours to attract and retain a more inclusive and diverse
workforce.
First Nations People
8.3 The Parties recognise there is a significant population of First Nations People within Queensland
and the Northern Territory. The Employer shall use best endeavors to employ a minimum of 5%
of its total workforce who identify as First Nations People.
8.4 The Employer will ensure that cultural awareness forms part of the induction process to ensure
that all workers are made aware of the history and spiritual connection that traditional owners
have with each area where work takes place.
8.5 First Nations Employees will be entitled cultural and ceremonial leave as per clause 8.67 below.
8.6 A cultural ceremony will be arranged on each project with the relevant traditional custodians of
the land on which the project is being built. The particulars of which will be determined through
consultation with the relevant traditional custodians and should also consider project site and
location but shall take place not later than when the number of onsite workers reaches 50.
Consultation shall also deal with subsequent cultural events onsite depending on the makeup
and constitution of the project and advice from the relevant traditional custodians. This shall
form part of the Employers commitment to the principles of social, restorative justice and
cultural affirmation.
8.7 The Employer will also implement policies that ensure:
(a) access to personal leave for participation in cultural and ceremonial activities;
(b) skill and career development opportunities for First Nations Employees; and
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(c) the development of retention and promotion for First Nations Employees.
8.8 Where the workplace is a construction site, the Employer’s obligations in 8.34 and 8.46 will be
deemed to have been met, if provided by the principal contractor on the site.
Women in the Industry
8.9 Parties respect equal employment opportunities and it is recognised the demographic of the
construction industry could be more diverse. To that end, the Parties support the promotion of
women into the industry and shall discuss means to achieve this objective including ways to
encourage and assist women to seek and maintain employment in the construction industry.
The 5-day work week and Job-Sharing initiatives contained in this Agreement are examples of
this.
8.10 At a minimum, female toilets with sanitary bins shall be provided at all workplaces. In
determining the location of the amenities, the Employer must consider the most appropriate
balance of privacy, safety and security. This will be done under consultation with the safety
committee.
8.11 The parties recognise the right of women to feel safe at work. Sexual harassment, intimidation,
ostracism, or any other unacceptable behavior will not be tolerated. Any such behavior will be
thoroughly investigated. Breaches of this clause will involve disciplinary action up to and
including termination of employment.
8.12 The Employer is committed to:
(a) the adoption of flexible work practices;
(b) skill and career development opportunities for women construction workers; and
(c) the development of retention and promotion for women construction workers.
Mature Age Workers
8.13 The Parties recognise that a lifetime in the construction industry can take its toll on a person’s
wellbeing. Wherever possible, the Employer shall implement measures to encourage the
retention of older Employees. To the extent possible, this includes (but is not limited to) the
preservation of jobs such as hoist operators, traffic controllers and peggies for workers over the
age of 50.
PART 2 DISPUTE RESOLUTION AND CONSULTATION
9. DISPUTES SETTLEMENT PROCEDURE
9.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of
disputes or grievances. Disputes over any work related or industrial matter (including a dispute
about whether a workplace right has been breached) or any matters arising out of the operation
of the Agreement or incidental to the operation of the Agreement should be dealt with as close
to its source as possible. Disputes over matters arising from this Agreement (or any other
dispute related to the employment relationship or the NES, including subsections 65(5) or 76(4)
of the FW Act) shall be dealt with according to the following procedure.
9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with
this procedure.
9.3 All Employees have the right to appoint a representative in relation to a Dispute. It is the express
priority of all Parties to attempt to settle a Dispute at the workplace level at first instance.
9.4 In the event of any work-related grievance arising between the Employer and an Employee or
Employees, the matter shall be dealt with in the following manner:
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(a) The matter shall be first submitted by the Employee/s or his/her job delegate/ Employee
representative or other representative, to the site foreperson/supervisor or the other
appropriate site representative of the Employer and if not settled, to a more senior
representative of the Employer.
(b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the
assistance and involvement of the job delegate/Employee representative or other
representative.
(c) If still not resolved, there may be discussions between the relevant Union official (if
requested by the Employee/s), or another representative of the Employee, and senior
representative of the Employer.
(d) Should the matter remain unresolved, either of the parties or their representative shall
refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or
arbitration powers in such review.
9.5 This procedure shall be followed in good faith without unreasonable delay.
9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not
be obligated to continue through the remaining steps of the procedure and may immediately
seek relief by application to FWC.
9.7 Any resolution of a Dispute under this clause by the FWC will not be inconsistent with legislative
obligations or any other applicable Codes or Regulations.
10. CONSULTATION
10.1 Effective consultation is essential for continuous workplace reform and such consultation can
take place at any time during the life of a Project.
10.2 Consultative Committees may be set up for this purpose.
Regional Consultative Committee
10.3 The Parties agree to maintain a Regional Consultative Committee to ensure appropriate
consultation regarding the operation of the Agreement.
10.4 The Regional Consultative Committee will be maintained, consistent with the Objectives clause
of this Agreement (clause 7), to monitor the implementation of this Agreement and will
cooperate in resolving any matters that might arise in giving effect to any part of this
Agreement.
10.5 The Regional Consultative Committee will address any disputes or general difficulties that may
arise in the implementation of the terms and conditions of this Agreement, particularly where
there has been a substantive change to custom and practice.
10.6 The Regional Consultative Committee shall consist of appropriate management and Employee
representatives.
10.7 The Regional Consultative Committee will meet on a regular basis to service the needs of
individual projects. Any Party may request a meeting. A request by any Party to meet will not
be unreasonably refused.
10.8 The purpose of the Regional Consultative Committee will be to:
(a) Facilitate the implementation of this Agreement;
(b) Facilitate the implementation of workplace reform through consultation and participation;
(c) Facilitate discussion, and resolution of any concerns a Party to this Agreement may have
regarding Employee entitlement schemes/funds;
(d) Discuss key issues that impact on Employer business, including but not limited to:
• new projects awarded;
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• work organisation;
• direct employment including commitment to female, impaired, indigenous and
mature age worker participation in the workforce;
• skill formation;
• career planning;
• training;
• rehabilitation of injured Employees;
• EH&S;
• fitness for work;
• use of down time due to Inclement Weather;
• best practice;
• productivity measures;
• incremental improvement;
• delivery systems;
• restrictive practices;
• relevant legislative changes and compliance; and
• site record keeping.
(e) Act as a forum for the Parties to express ideas and concerns;
(f) Communicate information regarding the Employer direction and objectives; and
(g) Ensure major projects (as agreed by the Regional Consultative Committee) form a project
Consultative Committee and develop and implement project productivity improvement
plans.
Consultation about major workplace change
10.9 If the Employer is considering making a decision, and prior to the decision being made, to
introduce a major workplace change that is likely to have a Significant Effect on a number of
Employees, the Employer must notify those Employee(s) who will be affected by the decision
and the Union.
10.10 As soon as practicable and prior to implementation, the Employer must discuss with the affected
Employees and the Union 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.
10.11 For the purposes of the discussion the Employer will provide the affected Employees, the Union
and/or their nominated representative/s in 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.
10.12 However, the Employer is not required to disclose confidential or commercially sensitive
information.
10.13 The Employer must give prompt and genuine consideration to matters raised about the major
change by the Employees and the Union.
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10.14 "Significant Effect" under clause 10.9 above includes 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; changes to safety and/or
management systems, any changes to employment practices that result in privacy concerns for
Employees such as implementation of electronic inductions and/or access systems; 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
10.15 Where the Employer proposes to change an Employee’s regular roster or ordinary hours of
work, the Employer must consult with those Employee(s) and the Union about the proposed
change.
10.16 As soon as practicable after proposing to introduce the change, the Employer must:
(a) discuss with the relevant Employees and the Union the introduction of the change; and
(b) provide to the Employees, the Union and/or their representatives details of the following
in writing:
(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.
(c) Invite the affected Employee(s) and the Union, to give their views about the impact of the
proposed change (including any impact in relation to their family or caring responsibilities)
and give consideration to any views about the impact of the proposed change that are
given by the Employee(s) concerned and their Union.
(d) The requirement to consult under this clause does not apply where an Employee has
irregular, sporadic or unpredictable working hours.
10.17 These provisions are to be read in conjunction with other Agreement or Award provisions
concerning the scheduling of work and notice requirements.
PART 3 SAFETY
11. PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS
11.1 The Employer, the Employees and the Union agree that for the purposes of s. 81 of the WHS Act
matters about work health and safety arising at the workplace shall be resolved in accordance
with this procedure.
11.2 The Parties agree that for the purposes of this procedure and s. 81(3) of the WHS Act the
following persons shall be the representatives of the following parties:
(a) the Principal Contractor (as defined in the WHS Act) - Site Manager or any other person
nominated by the Principal Contractor;
(b) the employers - the Site Manager or any other person nominated by the Employer(s); and
(c) The employees - the Union or other representatives.
(Collectively referred to as "Nominated Parties”)
11.3 The Nominated Parties agree that representatives shall be entitled to:
(a) inspect any work system, plant, substance, structure, or other thing relevant to resolving
the issue;
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(b) consult with relevant employees in relation to resolving the issue;
(c) consult with the relevant PCBU (as defined in the WHS Act) about resolving the issue;
(d) inspect and take copies of any document that is directly relevant to resolving the issue; and
(e) advise any person whom the representative reasonably believes to be exposed to a serious
risk to his or her health and safety, emanating from an immediate and imminent exposure
to a hazard of that risk.
Nothing in this subclause requires the Employer to provide information in a manner that is
inconsistent with the Privacy Act 1988 (Cth).
11.4 The Nominated Parties and/or their representatives may commence the procedure by
informing, either by themselves or their representative, the other Parties and/or
representatives that:
(a) there is an issue to be resolved; and
(b) the nature and scope of the issue.
11.5 As soon as the Parties and/or their representatives are informed of the issue, the Nominated
Parties and/or their representatives must meet or communicate with each other to attempt to
resolve the issue.
11.6 The Nominated Parties and/or their representatives must have regard to all relevant matters
including:
(a) the degree and imminent risk to the Employees or other persons affected by the issue;
(b) the number and location of Employees and other persons affected by the issue;
(c) the measures both temporary and permanent that must be implemented to resolve the
issue;
(d) who will be responsible for implementing the resolution measures;
(e) whether the hazard or risk can be isolated; and
(f) the time that may elapse before the hazard or risk is permanently corrected.
11.7 Once the issue is resolved, on request, details of the issue and its resolution must be set out in
writing with all Nominated Parties and/or their representatives to be satisfied that the
agreement reflects the resolution of the issue with a copy given to all Nominated Parties and/or
their representatives to the issue. The issue, once resolved, shall be recorded in the next safety
committee meeting minutes with the agreed resolution.
11.8 The Nominated Parties and/or their representatives must make reasonable efforts to achieve a
timely and final resolution of the issue. If within a reasonable time there is still no resolution,
any of the Nominated Parties attempting to resolve the issue may then ask Work Health and
Safety Queensland, and/or the QBCC, where applicable, to arrange for an inspector to attend
the workplace to assist in resolving the issue.
11.9 Direction to cease work
(a) If -
(i) an issue concerning health or safety arises at a workplace or from the conduct of the
undertaking of the Employer;
(ii) the issue concerns work which involves an immediate threat to the health or safety of
any person; and
(iii) given the nature of the threat and degree of risk, it is not appropriate to adopt the
processes set out in clause 11.7 above
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(b) the Employer and/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.
(c) 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 and safe alternative
work.
11.10 Fundamental to this process is a standing invitation for Union representatives to attend site to
assist with all matters relating to health and safety.
11.11 Employees are not required to work in circumstances where the Employee or a Union
representative reasonably believes a safety law is being, or will be, contravened. Consultation
between the relevant parties will occur throughout this procedure including with senior
representatives of the Employer and the Union.
12. HEALTH AND SAFETY REPRESENTATIVES
12.1 The Employer and its Employees will comply with Part 5 of the WHS Act – Consultation,
representation and participation in relation to the establishment of a health and safety
committee. To ensure a timely resolution of issues in relation to WHS, all parties may be
represented on the health and safety committee.
12.2 A standing invitation will exist for the Union to assist in the voting up of Health and Safety
Representatives and the forming of safety committees. Health and safety representative/s
(HSR) shall be elected by the Employees on the job, via a show of hands vote conducted by a
representative of the Union and shall be subject to recall by a similar process.
12.3 Parties covered by this Agreement recognise the important role of HSRs. The HSRs have a key
role in the early intervention in health and safety issues under this Agreement.
12.4 The HSRs shall be allowed to consult with the PCBUs, Unions, principal contractor or persons
acting on his/her behalf, on matters directly concerned with the safety of workers, and promote
the safe conduct of work generally.
13. HEALTH AND SAFETY REPRESENTATIVE MEETINGS
13.1 A HSR will be allowed reasonable paid time during working hours to attend occupational health
and safety matters, including meetings affecting Employees they represent, providing that the
HSR informs their manager.
14. HOT WEATHER GUIDELINES
14.1 Under this Agreement when air temperature reaches:
(a) 35°C; or
(b) 29°C and 75% humidity or more after three hours from commencement of each trades shift
in southeast Queensland, it shall constitute inclement weather (Extreme Hot Weather).
14.2 This definition will be subject to review in other regions. This clause 14 must be incorporated in
the Employer’s OHS Procedures for all applicable Projects.
14.3 Before finishing work, Employees must be alerted to possible Extreme Hot Weather forecasted
for the following day by the PCBU, Site Manager, and relevant HSRs. This will allow preparation
for works to be modified to reduce this category of heat exposure in accordance with clause
14.1. For forecasting, planning and guidance the Bureau of Meteorology (BOM) shall be used
for weather observations. Monitoring heat on the day will be done with a calibrated wet bulb
thermometer.
14.4 When Extreme Hot Weather is forecasted for the following day, the Employer’s Site Manager,
WHS Committee and WHS Representatives will consult and determine what actions are to be
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taken to reduce exposure and modify the program and/or workload prior to the Extreme Hot
Weather, which may include:
(a) rescheduling work so that certain tasks are performed during the cooler part of the day, or
on another day;
(b) reducing the time spent doing hot tasks (for example, by job rotation);
(c) arranging for more workers to do the job;
(d) providing extra rest breaks in a cool area;
(e) providing cool drinking water and ice (machines) near the work site;
(f) increasing air movement by fans or coolers;
(g) installing shade cloth to reduce radiant heat from the sun; and
(h) consideration must be given to working an eight-hour day.
14.5 Once the temperature reaches extreme levels, as defined in clause 14.1 the following process
will be followed:
(a) Where the temperature reaches 35°C, there will be an orderly cessation of work and
preparations for safe completions of critical tasks currently under way and/or applicable
modifications to the program and workload as described in clause 14.4.
(b) where the temperature is 29°C and 75% humidity or more after three hours from the
commencement of a shift, there will be an orderly cessation of work and preparations for
safe completions of critical tasks currently under way and/or applicable modifications to
the program and/or workload as described in clause 14.4.
14.6 If there are areas of the workplace that are below any Extreme Hot Weather, work shall
continue as normal in those areas. Employees unable to work elsewhere may be transferred to
these areas below the extreme levels if work is available. Employees may walk a reasonable
distance through areas affected by extreme hot weather to and from amenities, provided it
does not pose an imminent risk to their health or safety. The primary objective is to ensure that
there is no reasonable concern for an Employee undertaking work of an imminent risk to their
health or safety.
14.7 Extreme Hot Weather shall be measured on site by a temperature gauge compliant to Australian
Standards and shall be undertaken in accordance with the manufacturer’s operating
instructions. The Parties agree that a measurement taken using the Wet Bulb in Globe
Temperature index mode will not be used. Wet bulb thermometers will be used in temperature
mode and then humidity mode separately and combined will be an acceptable method of
measuring Extreme Hot Weather. It is the responsibility of the PCBU to implement these
guidelines.
14.8 The PCBU shall supply a Wet Bulb Thermometer for each job and depot.
15. AIR QUALITY PROCEDURE
Acceptable Air Quality
15.1 Air Quality Index (AQI) is categorized as good to extremely poor by the Queensland Department
of Environment and Science.
15.2 PM2.5 are tiny particles in the air that reduce visibility and cause air to appear hazy when levels
are elevated. They can be carcinogenic, as advised by the World Health Organisation. Where
possible, PM2.5 readings shall be the preferred test for acceptable air quality.
Measuring of air quality
15.3 Measuring of air quality will be done through either of the following, in agreement between the
parties:
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(a) The Department of Environment and Science web site (des.qld.gov.au) using the closest
station to the work site (see instruction below).
(i) Click on environment.
(ii) Go to Our Environment and click on air.
(iii) Click on live air data.
(iv) Scroll down and view closest Station to the job site.
(v) Refer to Air Quality Procedure (15.9 below).
(b) Where site-based monitoring is undertaken it shall take precedence over measurements
from The Department of Environment and Science web site. Devices shall be certified to
the Australian Standards AS3580 and operated by a competent person (e.g. occupational
hygiene technician).
Bushfire smoke
15.4 Bushfire smoke is a mixture of different-sized particles, water vapor and gases, including carbon
monoxide, carbon dioxide and nitrogen oxides. During bushfires and similar events, large
amounts of finer particles are released that are small enough to breathe deep into the lungs
and can cause adverse health effects. These chemicals are known “Cancer Causing Agents”.
15.5 During bushfires and similar events, the Employer must verify that their work area is within a
safe range for air quality as defined by the Queensland Department of Environment and Science.
Air Quality Procedure
15.6 The PCBU, Site Manager and WHS Reps must alert workers the day before extreme or excessive
poor air quality conditions are expected.
15.7 After three consecutive hours of POOR air quality above 50µG per/m3, there will be an orderly
cessation of work and preparation for safe completion of critical tasks. Unaffected work areas
will be monitored and continue without disruption.
15.8 Once the air quality index reaches 75µG per/m3 there will be an immediate cessation of work
with only safe completion of critical tasks allowable. Unaffected work areas will be monitored
and continue without disruption.
15.9 Inclement weather provisions of the Award shall be invoked. To be clear, all the provisions
contained in clause 24 of the Award shall apply in instances of poor air quality, including 24.14
– Additional wet weather procedure.
15.10 All air quality related incidents are to be reported to the employer, site safety coordinator, WHS
Committee and any relevant Employee representative`s immediately.
Fit testing
15.11 The accepted method of fit testing of RPE is Quantitative fit testing.
(a) Quantitative fit testing will only be done with reusable half face RPE. It is an essential step in
the RPE selection process and allows a PCBU to determine if the specific make and model of
RPE is a suitable size, fit and comfort for the worker who is going to use it.
(b) Quantitative fit-testing is a much more effective way to fit-test RPE, as it doesn’t depend on
tasting or smelling a test agent. For this reason, the PCBU must make sure quantitative fit-
testing is used for all RPE.
16. INCLEMENT WEATHER
16.1 The parties are committed to working together to minimise the impact of inclement weather.
The employer will ensure reasonable allowance is included in contracts taking into account
historic weather conditions and forecast rainfall.
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16.2 Inclement weather means the existence of rain or abnormal climatic conditions (whether hail,
extreme cold, high wind, severe dust storm, extreme heat (as defined in clause 14), poor air
quality (as defined in clause 15), or the like or any combination of these conditions) where it is
not reasonable or it is unsafe for Employees to continue working in those conditions.
16.3 The Employer or its representative, when requested by the Employees or their representative,
must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of
determining whether or not the conditions referred to in clause 16.2 apply.
16.4 The time work stops due to inclement weather and the resumption of work after a period of
inclement weather has ended will be recorded by the Employer.
16.5 When inclement weather conditions exist, an affected Employee is not required to start or
continue to work where it is unreasonable or unsafe to do so. In cases where emergency work
is required or it is necessary to complete a concrete pour already commenced to a practical
stage, work may occur or continue provided that such work does not give rise to a reasonable
concern on the part of an Employee undertaking the work of an imminent risk to their health or
safety.
16.6 Where emergency work or a concrete pour is completed in accordance with clause 16.5, work
will be paid at the rate of 200% of the ordinary hourly rate calculated to the next hour, and in
the case of wet weather, the Employee will be provided with adequate wet weather gear. If an
Employee’s clothes become wet as a result of working in the rain the Employee will be allowed
to go home for the remainder of the day without loss of pay.
16.7 Where an Employee is not able to perform any work at any location because of inclement
weather, the Employee will receive payment at the ordinary hourly rate for ordinary hours.
Payment for time lost due to inclement weather is subject to a maximum of 32 hours pay in any
4-week period for each Employee. Payment is subject to adherence to the terms of clause 16.
16.8 An Employee working on a Job Share arrangement pursuant to clause 30—Job Share, that is
affected by inclement weather, will be entitled to payment from the 32-hour inclement weather
bank on a pro rata basis.
16.9 Employees accumulated inclement weather bank shall not be deducted whilst they remain on
site.
16.10 Inclement weather occurring during overtime will not be taken into account for the purposes of
clause 16 and Employees will not be entitled to any payment for stoppages because of inclement
weather that occurs outside of ordinary hours.
16.11 Employees on a portion of a site not affected by inclement weather must continue to work even
though Employees working on other areas of the site may have stopped work because of
inclement weather.
16.12 Subject to the availability of alternative work in an Employee’s classification, an Employer may
require Employees to transfer:
(a) from a location on a site where it is unreasonable and/or unsafe to work because of
inclement weather, to another area on the same site, where it is reasonable and safe to
work; and/or
(b) from a site where it is unreasonable and/or unsafe to work because of inclement weather,
to another site, where it is reasonable and safe to work, and where the Employer, where
necessary, provides transport.
Inclement weather procedure
16.13 Remaining on site where, because of inclement weather, the Employees are prevented from
working:
(a) for more than an accumulated total of 4 hours of ordinary time in any one day;
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(b) after the main meal break, for more than half of the ordinary work time; or
(c) during the final 2 hours of the normal workday for more than an accumulated total of one
hour;
the Employer will not be entitled to require the Employees to remain on site beyond the
expiration of any of the above circumstances. However, where genuine training has been
agreed in writing between the parties, then the course maybe completed in extraordinary
circumstances.
Rain at Starting Time
16.14 Where the Employees are in the sheds, because they have been rained off, or because it is at
starting time, morning tea, or lunch time, and it is raining, they will not be required to go to
work in a dry area or to be transferred to another site unless:
(a) the rain stops;
(b) a covered walkway has been provided;
(c) the sheds are under cover and the Employees can get to the dry area without going through
the rain; or
(d) adequate protection is provided.
16.15 Protection must, where necessary, be provided for the Employees’ tools.
Dewatering
16.16 All sites will develop a Dewatering Plan through consultation with the Union, HSRs, Safety
Committee and the site Contractors.
16.17 This plan will:
(a) Outline appropriate dewatering strategies, hydraulic engineering solutions and Dewatering
Crew requirements;
(b) Require relevant HSR`s to assess the areas in a staged sequence giving priority to
accessways;
(c) Commence dewatering activities and open areas progressively once dewatering is
complete;
(d) Include staggered meal breaks of the Dewatering Crew and Safety Committee;
(e) Outline minimum requirements of PPE and dewatering tools/equipment;
(f) The Dewatering plan will be reviewed and updated on a reasonable basis depending on job
type, size, constitution etc.;
(g) Plans for work activities (including agreed training) to take place in dry areas during periods
of inclement weather.
16.18 All Contractors will supply adequate manpower for the site Dewatering Crew as per the
Dewatering Plan.
16.19 Mitigation strategies such as, but not limited to, the following should be considered where
reasonably practicable;
(a) falls to slabs which are exposed to elements for extended periods of time;
(b) additional drainage outlets to slabs; and
(c) integrated into jump or standalone retractable roof over stair/lift cores
16.20 Employees on the Dewatering Crew will remain on site in the instances the rest of the site has
gone home only for the purpose of dewatering the site to maximise the potential for the site to
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be reopened the following day. These Employees will be paid a disability allowance of double
time for all hours worked once the site has gone home.
17. ADDITIONAL OCCUPATIONAL HEALTH AND SAFETY MATTERS
Personal Protective Equipment
17.1 The following clothing will be supplied to all Employees after consultation with Delegate. The
Employer shall provide clothing and Personal Protective Equipment that is suitable, fit for
purpose and manages risk relative to the task at hand (no later than 1 month after
commencement). Employees when working on site are required to wear all footwear and
clothing supplied. The issue will be:
(a) 1 pair of safety boots (if the Employee buys such boots, the Employer will reimburse the
Employee up to $225.00 upon producing of a purchase receipt);
(b) 5 sets of shirts and shorts/trousers, overalls or bib and brace overalls, or any combination
as agreed; and
(c) 1 high visibility winter jacket.
17.2 The abovementioned items will be replaced on a fair wear-and-tear basis. Where an Employee
has not sought replacement of any of the abovementioned items on a fair wear and-tear basis
within twelve months from the date of issue, then that Employee will be entitled to a re-issue
of the items at the completion of those twelve months.
17.3 All items will comply with the relevant Australian Standards. The clothing selected will need to
be breathable, be light weight, UV stable, have a high visibility quality, and have the maximum
UPF rating. The Employer undertakes to source Australian made clothing and equipment, in so
far as it is possible.
17.4 No agreement to pay cash in lieu of supply of clothing/footwear is permitted.
17.5 When the Employer requires an Employee to wear spectacles with toughened glass lenses the
Employer will pay the cost of the toughening process.
Workplace Impairment Policy
17.6 The Employer Workplace Impairment Policy, that applies to Employees, can be found in
Appendix 8.
18. CRANE CREW
18.1 The crane crew for each crane must consist of at least the following:
(a) A crane driver; and
(b) A Dogman/stand-by driver; and
(c) A Dogman.
18.2 The Dogman/stand-by driver will be paid at the same rate as the driver for all hours worked.
18.3 From 1 July 2025 the entire crew on a tower crane shall be paid at the CW7 rate.
PART 4 EMPLOYMENT
19. SECURITY OF PERSONAL INFORMATION
19.1 For this clause “personal information” has the meaning given to it in the Privacy Act 1988 (Cth).
19.2 The Employer undertakes not to pass on or sell Employees’ personal information either directly
or indirectly (e.g. contractual arrangements with clients), except to comply with a specific
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direction from a government authority or a request from a party to this Agreement (e.g. time
and wages information). To the extent allowable by law, all requests for the Employer to provide
personal information shall be notified to the Union and genuine consultation shall occur
between the parties to this Agreement. The Employer commits to minimise the extent of
employee information held in order to meet its legal and employment relationship
requirements. Nothing in this clause requires the Employer to provide information in a manner
that is inconsistent with the Privacy Act 1988 (Cth).
20. SITE ACCESS SYSTEMS AND INDUCTIONS
20.1 Site access systems shall be agreed between the Parties.
20.2 The particular type of site access system to be installed will be reviewed for each project having
regard to client requirements, the project’s hours of work, work force numbers and available
technology in order to alleviate ’bottle necks’ and inconvenience to workers in its operations.
20.3 The Employer will comply with the Australian Privacy Principles in the Privacy Act 1988 (Cth) in
relation to any personal information (for the purpose of this clause “personal information” has
the meaning given to it in the Privacy Act 1988 (Cth)) they hold in relation to Employees.
20.4 The Employer undertakes that, to ensure the highest level of compliance with Health and Safety
legislation, all site inductions shall be conducted “face to face” and on the job. Further, all
inductions shall include site specific hazards and requirements for each project. Industry specific
inductions that cannot be conducted onsite and are required by law (such as General
Construction Induction, or Rail Industry Safety Induction etc) are excluded from the operation
of this clause.
20.5 As part of the induction process Union Delegates will be afforded an opportunity to speak to
new Inductees about the benefits of union membership and other Union business as the
Delegate deems necessary.
20.6 Employees must not be required to use personal electronic devices, without agreement
between the Parties.
21. TOOLBOX MEETINGS
21.1 At least one toolbox meeting will be convened by the Employer per site, each month to facilitate
and foster communication and consultation. Items to be discussed at each meeting may include
programming of site work, site issues, work health and safety, job design, productivity issues,
management policies, Agreement compliance, wages and conditions, compliance with statutory
obligations and any other relevant issue raised. Reasonable notice will be provided prior to the
scheduled date. There will exist a standing invitation for representatives of the Union to attend
such toolbox meetings.
22. CONTRACT OF EMPLOYMENT
22.1 At the point of engagement of each Employee, the Employer must inform the person in writing
whether the engagement is on a permanent, casual or job share basis, stating by whom the
Employee is employed, the job performed, the classification level, office from which they are
engaged and the relevant rate of pay. Employees may relocate and transfer their office of
engagement provided that there has been consultation between the Parties and it is agreed in
writing between the Employer and the Employee. Each new Employee shall upon
commencement also be provided with a copy of this Agreement in electronic format, or
alternatively, access to the Agreement in hard copy at the discretion of the Employee.
22.2 The Employer may direct an Employee to carry out such duties as are reasonable within the
limits of the Employee's skill, competence and training consistent with the Employee's
classification provided that such duties do not promote deskilling.
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22.3 If an Employee is absent from work for a period for which they have or will claim workers'
compensation, the Employee's contract of employment shall remain intact during the period of
absence, except where the Employee’s employment has been terminated for reasons of serious
misconduct or redundancy. The Employer shall continue to make contributions (and where
applicable, reports of service) on behalf of the Employee to BUSSQ, BERT, BEWT, CIPQ and
Qleave or NTBuild or other funds nominated herein. The Employee shall also continue to accrue
all appropriate leave entitlements for the first twelve months of the Employee's absence due to
the workers compensation claim.
23. EFFECTIVE WORK ORGANISATION
23.1 Effective Work Organisation refers to methods of organising work so that Employee and
Employer objectives can be achieved efficiently, sustainably and safely, producing results which
are acceptable to all concerned.
23.2 Where the Employer is the principal contractor, or they are required under contract to provide
the following key site attendant roles on a project, the Employer shall engage these employee`s
directly unless otherwise agreed:
(a) Union Delegates;
(b) First aid attendants;
(c) Amenities attendants;
(d) Hoist drivers (including builders’ lift drivers);
(e) Crane crews (except were supplied by a specialist company or subcontractor) subject to
existing custom and practice;
(f) Gate persons;
(g) Primary traffic attendant roles (except were supplied by a subcontractor as an ancillary
aspect of their scope of works or where there is a legal requirement); and
(h) Reasonable numbers of labourers and tradespeople, relative to the size and nature of the
project.
23.3 The Parties to this Agreement acknowledge it may not be possible to directly engage Employees
in the roles referred to in 25.2 in certain circumstances due to client tender/contract conditions.
23.4 The parties acknowledge that traditional trade-based training through apprenticeships, is one
of the best paths for career development in the Construction Industry. The Employer will engage
a reasonable number of apprentices and trainees directly through consultation with the Union.
24. CASUAL EMPLOYMENT
24.1 A casual Employee is an Employee employed on an occasional basis and whose work pattern is
not regular and systematic. When a person is engaged on a casual basis, they will be provided
in writing that the engagement is to be as a casual, the job to be performed, the classification
level, the actual or likely length of engagement including number of hours to be worked per
week, and the relevant rate of pay.
24.2 A casual Employee shall be entitled to all of the applicable rates and conditions of employment
prescribed by this Agreement except annual leave, personal leave, and payment for public
holidays on which no work is performed. A casual Employee is entitled to unpaid compassionate
leave, family and domestic violence leave and unpaid carer’s leave.
24.3 Except on Saturdays and Sundays, on each occasion a casual Employee is required to attend
work, the Employee shall be entitled to payment for a minimum of eight (8) hours work (with
0.8 of an hour on each of these days accruing toward an RDO) plus the relevant fares and travel
allowance prescribed by clause 0 below. On Saturdays and Sundays, a casual Employee is
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entitled to payment for a minimum of four (4) hours, plus the relevant fares and travel
allowance prescribed by clause 36 below.
24.4 A casual Employee for working ordinary time shall be paid 125% of the hourly rate prescribed
in Appendix 1 for the Employee's classification.
24.5 A casual Employee required to work overtime, or weekend work shall be entitled to the relevant
penalty rates prescribed in this Agreement:
(a) where the relevant penalty rate is time and a half, the Employee shall be paid 175% of the
hourly rate prescribed by Appendix 1 for the Employee's classification.
(b) where the relevant penalty rate is double time, the Employee shall be paid 225% of the
hourly rate prescribed by Appendix 1 for the Employee's classification; and
(c) where the relevant penalty is a public holiday, the Employee shall be paid 275% of the
hourly rate prescribed by Appendix1 for the Employee's classification.
24.6 For the purposes of clarity, the applicable contributions to BUSSQ, BERT, CIPQ and BEWT or
other funds nominated herein, must be made by the Employer in respect of casual Employees.
A casual Employee shall also be entitled to receive, in addition to their casual rate, penalty
payments for Overtime, work performed on weekends, work performed on public holidays and
RDOs, family and domestic violence leave and unpaid cultural leave.
24.7 Termination of all casual engagements shall require one hour's notice by either the Employer or
Employee, or the payment or forfeiture of one hour's pay, as the case may be. This clause will
not reduce the entitlements of injured Employees.
Casual Conversion
24.8 A casual Employee, who has been engaged by the Employer on a regular and systematic basis
for a period in excess of six-weeks, thereafter, will have their contract of employment converted
to permanent employment unless otherwise agreed in writing between the Parties. Regular and
systematic shall be defined as an average of 4 days or more, per week, over 6 weeks. Eligible
current Employees will be transitioned to full time no later than 6 weeks from the date of
approval of this Agreement.
24.9 Any Employee, who is entitled to be converted to permanent employment pursuant to this
clause, and is not converted to permanent employment, is entitled to be paid 175% of the hourly
rate prescribed in this Policy for the Employee’s classification from the first day of the seventh
week of their employment onwards.
25. APPRENTICES/TRAINEES
25.1 Apprentices/Trainees shall be entitled to all of the applicable rates and conditions of
employment prescribed by this Agreement.
25.2 For clarification, in addition to the rates in Appendix 4, Trainees are entitled to receive full Fairs
and Travel allowance, BERT, BEWT, CIPQ, Superannuation and any other entitlements in
accordance with this Agreement. Such entitlements shall not be paid at rates applicable to
Apprentices.
25.3 Training arrangements for Apprentices/Trainees shall be as provided in the Building and
Construction General On-site Award 2020.
25.4 Apprentices/Trainees shall be entitled to be paid the daily Fares and Travel allowance whilst
attending training.
25.5 The Employer shall be responsible for meeting all costs associated with
Apprenticeship/Traineeship training, including any student registration, tuition fee or other
course costs.
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25.6 During the first year of an Apprenticeship, tools to the minimum retail value of $600.00 shall be
supplied by the Employer within a period of three months after the expiry of the probationary
period or within a period of six months from the date of commencement of the employment,
whichever first occurs.
25.7 During the second and subsequent years (or part of a year) of apprenticeship tools to the retail
value of $600.00 shall be supplied by the Employer within a period of three months from the
commencement date of each such year (or part of a year) of the indentured Apprenticeship.
25.8 Where an Apprentice has entered a Competency Based Training Agreement, the provision of
tools will be on the following basis:
(a) During the term of Apprenticeship, an Employer shall, in respect of each level of the
apprenticeship program, supply the Apprentice with tools of trade, to a minimum retail
value of $600.00.
(b) The supply of tools of trade for each level of the program shall be linked to the successful
achievement of competencies or, where appropriate, the demonstration of approved
levels of progression towards the achievement of competencies as prescribed by the
relevant National Training Package or in the relevant Award.
(c) Supply of tools will occur no later than three (3) months after the expiry of the probationary
period or within a period of six (6) months from the date of commencement of the
employment, whichever first occurs, and no later than three (3) months into subsequent
levels of the apprenticeship.
(d) Apprentices employed under part-time or school based arrangements shall be entitled to
a supply of tools consistent with the requirements as outlined in clause 25.6 and clause
25.7 above.
Apprentice Ratio
25.9 The Employer recognises 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 tradespeople in any one classification, it
undertakes to employ an apprentice(s) or make arrangements to host an apprentice from
an agreed scheme.
(b) The Employer is committed to ensuring that apprentices receive appropriate on the job
training by experienced tradespeople and apprentice numbers are maximised, to this end
the Employer will endeavor to maintain at least one apprentice to every five (5)
tradespeople.
(c) If the Employer does not currently have an apprentice as provided for in paragraph (a)
above, the Employer will engage in consultation with the Union in relation to their
obligations under this clause but shall be afforded reasonable time to enable the Employer
to comply with this clause. Further, the Parties are committed to a strong ratio of
apprentices in the industry.
26. ADULT APPRENTICES
26.1 Adult apprentices are apprentices who commence their apprenticeship at the age of 21 years
or older. Adult apprentices engaged under any of the classifications set out in Appendix 1 (in
accordance with clause 31.17) will be paid a minimum rate equal to the rate of pay for a second-
year apprentice, for the first two years of the apprenticeship, then on parity with other
apprentices for the third and fourth years.
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27. TRAINING AND RELATED MATTERS
27.1 The parties are committed to the promotion of a highly skilled industry that delivers ongoing
employment opportunities and a world-class product through an efficient and safe construction
process. To this end, the Employer agrees that appropriate training, including the engagement
and training of apprentices, and skills development for the workforce will be provided during
the term of this Agreement.
27.2 The Employer will implement a policy where all Employees will have their current skills assessed
against those required in the nationally recognised formal training package relevant to their
work. Where any skill deficiencies are identified through the assessment process, the necessary
training will be provided to attain the relevant nationally recognised formal qualification.
27.3 Where possible training and skill development is to be carried out in normal working hours. It is
agreed that the Employer will bear all costs associated with the provision of the training,
including costs and material costs and the provision of the Employee's wages for the period of
the training.
HSR training
27.4 Any Employees elected as a workplace HSR will undertake a training course approved by the
State or Territory Government and provided by the Employer within six weeks of being elected,
at no cost to the Employee.
Asbestos Awareness Training
27.5 The Employer agrees that it will schedule training in the nationally accredited asbestos
awareness training course 10279NAT Identification and Awareness of Asbestos Containing
Materials. The training shall be booked and commenced within 3 months of the certification of
this Agreement, or within 3 months of the start of employment of each new Employee, unless
completed previously or unless otherwise agreed between the Parties.
Silica Dust Training
27.6 The Employer agrees that it will schedule training in the "Course in identification of crystalline
silica containing material and the associated risks for workers in the construction industry”. The
training shall be booked and commenced within 3 months of the certification of this Agreement,
or within 3 months of the start of employment of each new Employee, unless completed
previously or unless otherwise agreed between the Parties.
Mental Health Training
27.7 The Employer agrees that it will schedule training in the nationally accredited Supporting
positive mental health in the Construction Industry 11085NAT. The training shall be booked and
commenced within 3 months of the certification of this Agreement, or within 3 months of the
start of employment of each new Employee, unless completed previously or unless otherwise
agreed between the Parties.
General
27.8 The Employer agrees that it will, within 7 days of receiving a written request from the Union,
provide:
(a) evidence to demonstrate the positive commitment to training and skill development; and
(b) the information as to the number of apprentices and visa holders engaged by the
Employer.
27.9 Nothing in this subclause requires the Employer to provide information in a manner that is
inconsistent with the Privacy Act 1988 (Cth).
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28. EMPLOYMENT SECURITY
28.1 The Parties to this Agreement agree to maximise the continuity of employment for existing and
future Employees and to ensure that permanent employment opportunities and the
opportunity for promotion transfer and re-training or upskilling are not eliminated, reduced or
eroded.
28.2 The Employer recognises that the use of subcontractors and labour hire may affect the job
security of current and future Employees covered by this Agreement.
28.3 As soon as practicable after being awarded a contract and prior to engaging subcontractors to
perform work in the classifications covered by this Agreement, the Employer shall inform the
Union Delegate (where applicable) which subcontractors it intends to use for the project.
28.4 The application of this Employment Security clause shall recognise geographical and commercial
circumstances. In these circumstances, the Employer and the Union may agree to vary the
requirements of clause 28 on a project-by-project basis. Negotiations are to be conducted in
good faith and agreement will not be unreasonably withheld.
28.5 Use of Contractors
(a) If the Employer wishes to engage contractors and their employees to perform work in the
classifications covered by this Agreement, the Employer must first consult in good faith
with the Union. Consultation will occur prior to the engagement of subcontractors.
(b) If the Employer decides to engage subcontractors, the Employer shall ensure that these
subcontractors and their employees receive wages, allowances equal to or better than
those contained in Appendix 4 Specialist Occupations and conditions equal to or better
than those contained in this Agreement (except clause 37 Lendlease Benefits, Clause 31
Wages and Classifications, 36 Allowances, 41 Parental Leave, Appendix 2 Skills
Development Line and Appendix 3 Skills Development Program, which do not apply for the
purposes of this clause).
(c) The use of sham subcontracting arrangements is a breach of this Agreement. The
contractor who engages subcontractors is responsible for ensuring the Employees of
subcontractors receive wages and allowances equal to or better those contained in
Appendix 4 Specialist Occupations of this Agreement and conditions equal to or better than
those contained in this Agreement (except clause 37 Lendlease Benefits, Clause 31 Wages
and Classifications, 36 Allowances, 41 Parental Leave, Appendix 2 Skills Development Line
and Appendix 3 Skills Development Program, which do not apply for the purposes of this
clause). This obligation extends to liability for all outstanding wages conditions and
entitlements under this Agreement.
28.6 Labour Hire
(a) Labour hire is defined as temporary "top up" labour designed to meet short situations such
as absences due to sick leave, annual leave, and short time work peaks. The Employer will
not use labour hire in any position on site for a period of more than six weeks. Any
departure from this maximum period shall require the agreement of the Union and incur a
175% penalty rate for all work done.
(b) Where there is need for supplementary labour to meet temporary/peak work
requirements, such labour may be accessed from bona fide businesses, including
subcontractors and labour hire companies, following consultation with the Union.
(c) The Employer shall ensure that any workers engaged by such businesses and performing
work described in the classifications of this Agreement receive wages, allowances equal to
or better than those contained in Appendix 4 Specialist Occupations of this Agreement and
conditions equal to or better than those contained in this Agreement (except clause 37
Lendlease Benefits, Clause 31 Wages and Classifications, 36 Allowances, 41 Parental Leave,
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Appendix 2 Skills Development Line and Appendix 3 Skills Development Program, which do
not apply for the purposes of this clause).
28.7 The contractor who engages labour hire workers is responsible for ensuring those workers are
paid at rates no less than those contained in Appendix 4 Specialist Occupations of this
Agreement and conditions equal to or better than those contained in this Agreement (except
clause 37 Lendlease Benefits, Clause 31 Wages and Classifications, 36 Allowances, 41 Parental
Leave, Appendix 2 Skills Development Line and Appendix 3 Skills Development Program, which
do not apply for the purposes of this clause). This obligation extends to liability for all
outstanding wages conditions and entitlements under this Agreement.
28.8 There will be no redundancies made while the Employer has engaged labour hire to undertake
work that is the subject of this Agreement. Any departure from this shall require the agreement
of the Union.
28.9 Tower Cranes
(a) In order to maximise the continuity and security of employment for Employees and to
ensure that the Employer’s equipment is operated only by qualified, experienced and
capable persons, the Employer agrees that in relation to the operation of tower cranes all
tower cranes which are hired out by the Employer (or by an associated entity of the
Employer), and which are capable of being operated by Employees of the Employer shall
be supplied with a suitably qualified crane crew who are current Employees of the
Employer for the duration of the hire period.
29. INDIVIDUAL FLEXIBILITY AGREEMENTS
29.1 Where the Employer wants to enter into a variation agreement it must provide a written
proposal to the Employee and the Union. Where the Employee’s understanding of written
English is limited, the Employer must take measures, including translation into an appropriate
language, to ensure the Employee understands the proposal.
29.2 The Employer must ensure that any variation agreement is genuinely agreed to by the Employer,
the Union and the Employee and that the terms of the variation agreement:
(a) are about permitted matters under section 172 of the FW Act; and
(b) Relates only to:
(i) Salary sacrifice agreements;
(ii) Increase in annual leave accrual each year;
(iii) Increase in rate of accrual of Rostered days off;
(iv) Increase in training leave (Union or otherwise);
(c) are not unlawful terms under section 194 of the FW Act; and
(d) result in the Employee being better off overall than the Employee would be if no
arrangement (variation agreement) was made.
29.3 The Employer must also ensure that any such variation agreement is:
(a) Agreed to by the Union, where the Employee consents;
(b) in writing (including details of the terms that will be varied, how the variation agreement
will vary the effect of the Enterprise Agreement terms, how the Employee will be better off
overall in relation to the terms and conditions of his or her employment as a result of the
arrangement, and the day on which the arrangement commences);
(c) includes the name of the Employer and Employee;
(d) signed by the Employer and the Employee, and if the Employee is under 18, by a parent or
guardian of the Employee;
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(e) provided to the Employee within 14 days after it is agreed to; and
(f) able to be terminated by either the Employer or Employee giving written notice of not more
than 28 days, or at any time by both parties agreeing in writing.
29.4 Where any of the requirements of this clause are not met, the variation agreement is of no
effect.
30. JOB SHARE
30.1 In order to promote flexibility in the workplace, in particular for older workers and single
parents, the parties agree to consider job sharing arrangements only in accordance with this
clause.
30.2 For the purposes of this Agreement, job sharing is defined as two permanent Employees of the
same classification sharing one full-time position. This is taken to mean that the 2 positions shall
provide a combined minimum of 36 ordinary hours.
30.3 All job share arrangements shall be subject to agreement between the Parties and the Employer
and must be confirmed in writing to the Employee prior to the commencement of such an
arrangement.
30.4 Variation of a job share agreement will require consultation between the relevant Employees,
the Employer and the Union and 14 days’ notice of variation unless agreed by all Parties.
30.5 The termination of a Job Share agreement will require consultation between the relevant
Employees, the Employer and the Union and 28 days’ notice unless agreed by all Parties.
30.6 Superannuation, BERT and BEWT payments will be calculated on a pro rata basis. As will any
allowances that are calculated on a weekly basis.
30.7 Breaches of this clause will require the breaching Employer to back pay both Employees as if
employed fulltime 50 hours per week for the length of the Job Share agreement.
PART 5 WAGES AND ALLOWANCES
31. WAGES AND CLASSIFICATIONS
Weekly Rate of Base Pay
31.1 Employees will be paid a Weekly Rate of Base Pay in accordance with the pay rates set out in
Appendix 1;
31.2 The Weekly Rate of Base Pay is based on a 36 hour week; and
31.3 The Weekly Rate of Base Pay is paid to Employees in satisfaction of the amounts payable under
Minimum Rates (clause 19) and Higher Duties (clause 19.10) of the Award (as amended from
time to time).
Weekly Productivity Benefits
31.4 Weekly Productivity Benefits will be provided to Employees, as set out in Appendix 1;
31.5 The Weekly Productivity Benefits paid to Employees are in satisfaction of any entitlements to
allowances provided for in the Award (as amended from time to time) including Expense Related
Allowances clause 21, Industry Allowances clause 22 and Other Allowances clause 23 (except
Tool Allowance, Meal Allowance, Compensation for Clothes and Tools, Multistorey Allowance
and First Aid Allowance).
31.6 For clarity, the Weekly Productivity Benefits are also paid in compensation for any work
performed underground, in a jumpform or for dealing with hazardous materials.
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Weekly Tool Allowance
31.7 The Weekly Tool Allowance payable to Employees is set out in Appendix 1 and is in satisfaction
of the tools and protective or other clothing or equipment (clause 21.1) prescribed and payable
under the Award.
Employee Benefit Rate (EBR)
31.8 The EBR is comprised of the following amounts, as set out in Appendix 1:
(a) Weekly Rate of Base Pay;
(b) Weekly Productivity Benefits; and
(c) Weekly Tool Allowance.
31.9 The EBR will be used for the calculation of the following:
(a) All paid leave entitlements including annual leave, annual leave loading, long service leave
and personal leave;
(b) Workers’ Compensation entitlements;
(c) Shiftwork penalty on ordinary hours of work;
(d) ESAP Benefit; and
(e) Overtime.
31.10 The Ordinary time hourly rate for all purposes shall be calculated by dividing the applicable
weekly EBR by 36.
31.11 The Weekly Rate of Base Pay, Weekly Productivity Benefits, Weekly Tool Allowance and the EBR
is set out in the Appendix 1.
Skills Development
31.12 The Skill Assessment System is the medium whereby Employees can communicate their skill
needs to the coordinators of skill development. The Skill Assessment System is outlined in
Appendix 2 and Appendix 3.
31.13 Appendix 2 - Skills Development Line provides a summary of the skill level required to be
achieved for the classifications of construction work roles performed in accordance with this
Agreement.
31.14 Site management will select teams from within the entire Employer workforce, based on skills,
development requirements and availability. This process will treat Employees and skills in the
same professional manner as other elements of the building process leading to improved
Employee mobility, exposure to a variety of work, flow-on improvements in motivation and
reduced Employee turnover.
Jump Up
31.15 Where on a site at which the Employee is engaged and the wages and conditions for the majority
of people employed are higher than those provided in this Agreement, the Employee will receive
the higher wages and conditions in accordance with their relevant classification.
Marker/Setter Out
31.16 An Employee not already engaged as CW4 (marker/setter) shall be paid an all-purpose
allowance of 5% of his/her applicable hourly rate when performing this work.
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Apprentices
31.17 Wages for apprentices shall be calculated by applying a fixed percentage to the CW4 EBR, in
accordance with the table below, which includes the hand tool or power tool allowances
payable.
4 year Apprentice
Stage Percentage
1st 50%
2nd 60%
3rd 75%
4th 90%
Health and Safety Representative
31.18 Where an Employee is elected by Employees of the Employer as a HSR and agrees to undertake
the required training to fulfil the role, the Employee will be classified as a CW4. In addition, a
HSR is entitled to an all-purpose hourly allowance of:
From
Commencement
of Agreement
From first full
pay period on
or after 1 July
2024
From first full
pay period on
or after 1 July
2025
From first full
pay period on
or after 1 July
2026
From first full
pay period on
or after 1 July
2027
All-
Purpose
Hourly
Allowance $ 2.51 $ 2.63 $ 2.77 $ 2.91 $ 3.06
Union Delegate
31.19 Where an Employee is elected by Employees of the Employer as a Union Delegate, and the
Union notifies the Employer of this election, the Employee will be classified as a CW4. In
addition, a Union Delegate is entitled to an all-purpose hourly allowance of:
From
Commencement
of Agreement
From first full
pay period on
or after 1 July
2024
From first full
pay period on
or after 1 July
2025
From first full
pay period on
or after 1 July
2026
From first full
pay period on
or after 1 July
2027
All-
Purpose
Hourly
Allowance $ 2.51 $ 2.63 $ 2.77 $ 2.91 $ 3.06
Consideration
31.20 In recognition of works performed from 1 July 2023 to Commencement of Agreement (the
Period), Employees will be paid an amount in accordance with the following formulae: (5% of
hourly rate for the EBR as at 1 July 2022 (in accordance with the Previous Agreement) for
applicable classification + $2) x 70 x number of weeks worked over the Period (Total Amount);
and a superannuation contribution amount will be paid at 12% of this Total Amount
(Superannuation Amount). Total Amount and Superannuation Amount will be pro-rated for
part years of service over this period and will be paid at Commencement of Agreement.
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32. SUPERANNUATION
32.1 It is agreed that the default fund under this Agreement shall be BUSSQ.
32.2 All Employees shall be entitled to receive Employer superannuation contributions and shall also
co-contribute a minimum amount from their wages.
32.3 On projects where the Total Cost of Work is $50m or greater, the Employer will contribute on
behalf of each Employee the following minimum weekly amount:
From
Commencement
of Agreement
From first full
pay period on
or after
1/7/2024
From first full
pay period on
or after
1/7/2025
From first full
pay period on
or after
1/7/2026
From first full
pay period on
or after
1/07/2027
Superannuation $285/week $297/week $310/week $323/week $345/week
32.4 On projects where the Total Cost of Work is $50m or greater, every Employee shall co-
contribute by way of salary sacrifice the following minimum weekly amount:
From
Commencement
of Agreement
From first full
pay period
on or after
1/7/2024
From first full
pay period
on or after
1/7/2025
From first full
pay period
on or after
1/7/2026
From first full
pay period
on or after
1/07/2027
Co-Contribution $72/week $75/week $78/week $81/week $85/week
32.5 The contributions in clauses 32.3 and 32.4 shall be in addition to all other entitlements
prescribed by this Agreement.
32.6 Contributions for apprentices shall be calculated at 12% of ordinary time earnings.
32.7 Apprentices shall co-contribute by the way of salary sacrifice 3% of ordinary time earnings.
32.8 On projects where the Total Cost of Work is less than $50m, superannuation shall be calculated
at the rate outlined in the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGAA),
be paid on all hours worked, up to a maximum of 36 hours per week and contributed to the
Superannuation fund on a monthly basis.
32.9 Where an Employee has worked on multiple sites during the week, the higher contribution for
superannuation outlined above will apply, provided the Employee has worked any of the week
on a project where the Total Cost of Work is $50m or greater.
32.10 The Employer will, on behalf of the Employee, contribute the above amounts to each
Employee's superannuation account at least once each calendar month.
32.11 Contributions will continue to be paid on behalf of an Employee during any absence on paid
leave such as annual leave, long service leave (including leave paid for by Qleave or NTBuild),
public holidays, sick leave and bereavement leave. The Employer shall also be required to make
contributions while an Employee is absent from work and is claiming Workers' Compensation
for a maximum period of 12 months.
32.12 Should it be established that the Employer has failed to make payments as required; the
Employer shall be liable to make the appropriate contributions immediately upon being notified
of the non-compliance. Further, the Employer shall pay an additional 10% per annum (calculated
on a pro-rata basis) to offset the interest that the contributions would have attracted in the
relevant fund had they been paid on the due dates. 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 similar cover existing within the terms of a relevant fund.
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33. SALARY SACRIFICE ARRANGEMENTS
33.1 Employees covered by this Agreement will have access to salary sacrifice arrangements in
addition to the compulsory arrangement detailed above. The requirements of any such
arrangements shall ensure that:
(a) Accessing a salary sacrifice arrangement is a voluntary decision to be made by the individual
Employee.
(b) An Employee wishing to enter into a salary sacrifice arrangement will be required to notify
their Employer in writing of the intention to do so and have sought expert advice in relation
to entering into such an arrangement.
(c) The Employer shall meet the cost of implementing the administrative and payroll
arrangements necessary for the introduction of salary sacrifice to the Employees under the
Agreement.
(d) The co-contribution of superannuation payments referred to herein shall be made by way
of salary sacrifice arrangements.
(e) When an Employee enters into an arrangement to have their pay salary sacrificed for
additional superannuation, it will be the Employee’s responsibility to manage their
obligations under applicable superannuation and taxation legislation in respect of those
additional contributions.
34. INCOME PROTECTION AND PORTABLE UNUSED SICK LEAVE
34.1 The Employer will contribute the following amounts (including GST) per week to CIPQ in respect
of each of its Employees for, or on account of, the premium insuring income protection for each
of those Employees:
Date From
Commencement
of Agreement
From first full
pay period on
or after
1/3/2024
From first full
pay period on
or after
1/3/2025
From first full
pay period on
or after
1/3/2026
From first full
pay period on
or after
1/3/2027
CIPS $47.00 $51.00 $54.00 * *
*To be advised in accordance with 34.2*
The income protection policy provided by the Employer will provide $1600 as a weekly benefit
in the event of a claim.
34.2 If CIPQ decides that a higher weekly rate per Employee must be paid or provided, the Employer
must pay that higher rate as and from the date CIPQ determines. Payment at the rate specified
under clause 34.1 from the date determined by CIPQ will satisfy the Employer's obligations
under clause 34.1.
34.3 If the Employer does not contribute to CIPQ the amount required under clause 35.1 in respect
of each and every Employee, the Employer will pay an additional $1,500 per week on top of
what benefit the policy provides and also reimburse the Employee for costs (i.e. medical
expenses, claims management and rehabilitation expenses) incurred by the Employee, for a
period of three years in the event that an Employee is unable to make a claim because of the
non-payment by the Employer.
34.4 All accrued and unused sick leave will be notified to CIPQ upon termination for each Employee,
for the purposes of portable sick leave.
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35. REDUNDANCY
35.1 This Agreement incorporates the industry specific redundancy scheme from clause 41 of the
Award.
35.2 The Employer will utilise BERT to meet all of the liabilities for Redundancy payments and further
to ensure that an amount equal to the credit balance of the Employee's account in the
Employee's Redundancy fund is paid to the Employee when the Employee is entitled to that
payment pursuant to the terms of the Employee's Redundancy fund.
35.3 For projects where the Total Cost of Work is $50m or greater, the Employer will contribute on
behalf of each Employee the following minimum weekly amount listed below for redundancy:
From
Commencement
of Agreement
From first full
pay period on
or after
1 January 2024
From first full
pay period on
or after
1 January 2025
From first full
pay period on
or after
1 January 2026
From first full
pay period on
or after
1 January 2027
$120.00 $126.00 $138.00 $151.00 $165
*New rates are effective from the first pay period of the month listed*
At the same time contributions are made to the Employee's Redundancy fund, the Employer
must pay to the Trustee of the Building Employees Welfare Trust (BEWT) or other similar fund
nominated by the Union an amount equal to the following:
From
Commencement
of Agreement
From first full
pay period on
or after
1 January 2024
From first full
pay period on
or after
1 January 2025
From first full
pay period on
or after
1 January 2026
From first full
pay period on
or after
1 January 2027
$17.50 $20.00 $23.00 $25.00 $28.00
*New rates are effective from the first pay period of the month listed*
35.4 For projects where the Total Cost of Work is less than $50m, the Employer will contribute on
behalf of each Employee the following minimum weekly amount for redundancy:
From
Commencement
of Agreement
From first full
pay period on
or after
1 January 2024
From first full
pay period on
or after
1 January 2025
From first full
pay period on
or after
1 January 2026
From first full
pay period on
or after
1 January 2027
$82.00 $87.00 $91.00 $96.50 $100.00
*New rates are effective from the first pay period of the month listed*
35.5 At the same time contributions are made to the Employee's Redundancy fund, the Employer
must pay to the Trustee of the Building Employees Welfare Trust (BEWT) or other similar fund
nominated by the Union an amount equal to the following:
From
Commencement
of Agreement
From first full
pay period on
or after
1 January 2024
From first full
pay period on
or after
1 January 2025
From first full
pay period on
or after
1 January 2026
From first full
pay period on
or after
1 January 2027
$9.00 $9.50 $10.00 $10.50 $11.00
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*New rates are effective from the first pay period of the month listed*
35.6 Where an Employee has worked on multiple sites during the week, the higher contributions for
BERT and BEWT outlined above will apply, provided the Employee has worked any of the week
on a project where the Total Cost of Work is $50m or greater.
35.7 Apprentice contributions shall be calculated using the following percentage of the trade rate:
4 year Apprentice 3 year Apprentice
Stage Percentage Percentage
1st 50% 50%
2nd 60% 70%
3rd 75% 90%
4th 90% N/A
35.8 Contributions will continue to be paid on behalf of an Employee during any absence on paid
leave such as annual leave, long service leave (including leave paid for by QLeave or NTBuild),
public holidays, sick leave and bereavement leave. The Employer shall also be required to make
contributions while an Employee is absent from work and is claiming Workers' Compensation
for a maximum period of 12 months.
35.9 Where the Employee's balance in the Employee's Redundancy fund reaches $20,000.00 or an
amount that equals 10 weeks' wages, the Employee will have the option to continue to have
contributions paid to their Redundancy fund or redirected to BUSSQ. It is the Employee's option
only. Where an Employee exercises (or has exercised) this option, his or her Redundancy
entitlement will be deemed met for all current and future entitlements arising from the current
employment engagement.
35.10 Contributions to the Employee's Redundancy fund must be made, at a minimum, monthly, by
no later than the 15th of the following month. Details of the Employer's contribution for each
month including when contribution was made and for how much, are to be shown on the
Employee's wage statement by the end of the second week of each subsequent month. Late
payments shall attract a penalty of 10% of the total amount due, unless there is a reasonable
explanation that is acceptable to the parties of this Agreement.
36. ALLOWANCES
36.1 In addition to the wage rates prescribed in this Agreement, Employees shall be paid additional
allowances as provided for by the Award (except where they are expressly excluded in this
Agreement).
36.2 The rates for the various allowances shall be as provided below in this Agreement.
36.3 The rates for all allowances shall be payable from the commencement of the first pay period
after the dates specified.
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Engagement of more than one mobile crane
36.4 Where more than one mobile crane is engaged on any single lift the following additional
payments shall be made per lift:
Number of
Cranes
On
Commencement
of Agreement
1/7/2024 1/07/2025 1/07/2026 1/07/2027
2 $4.64 $4.87 $5.12 $5.37 $5.64
3 $8.92 $9.37 $9.84 $10.33 $10.85
4 $13.72 $14.41 $15.13 $15.89 $16.68
5+ $18.13 $19.04 $19.99 $20.99 $22.04
Fares and Travel Allowance
36.5 All Employees shall be entitled to receive the fares and travel allowance as follows:
(a) Employees engaged on projects valued over $50 million.
Distance On
Commencement
of Agreement
From first
full pay
period on
or after
1/1/2024
From first
full pay
period on
or after
1/1/2025
From first
full pay
period on
or after
1/1/2026
From first
full pay
period on
or after
1/1/2027
Zone 1 $55 per day* $60 per day $62 per day $64 per day $66 per day
Zone 2 $75 per day $80 per day $82 per day $84 per day $86 per day
Zone 3 $95 per day $100 per day $102 per day $104 per day $106 per day
(b) Employees engaged on projects valued under $50 million.
Distance On
Commencement
of Agreement
From first
full pay
period on
or after
1/1/2024
From first
full pay
period on
or after
1/1/2025
From first
full pay
period on
or after
1/1/2026
From first
full pay
period on
or after
1/1/2027
Zone 1 $30 per day* $35 per day $37 per day $39 per day $41 per day
Zone 2 $50 per day $55 per day $57 per day $59 per day $61 per day
Zone 3 $70 per day $75 per day $77 per day $79 per day $81 per day
(c) Zones 2 and 3 only apply to Employees who live further than 50Kms (radial distance) from
their place of work.
(d) There shall exist radial zone borders at both 50kms, 100kms and 150kms from the business
address where the Employee is engaged. The business address where the Employee is
engaged will be the address listed in definitions under `Employer` or by written agreement
with the Union.
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(e) At the commencement of the project the radial distance from the business address to the
project will be calculated.
(f) Employees will be paid the corresponding travel allowance based on the zone the project is
located in relative to the business address where they are engaged. Appendix 5 contains
visual representation to enable easier understanding of this clause.
(g) In the event that the Employer supplies a vehicle for travelling to and from work to the
Employee the amount of travel paid for zone 2 and 3 will be the difference between the
relevant zone travelled to and the amount due from zone one. This shall be considered
payment for distant travel.
(h) No Employee will be worse off, than they were directly prior to certification, due to the
implementation of this clause.
(i) For clarity the fares and travel allowance under the applicable Award will not apply.
(j) The allowances for being sent to multiple jobs in a day will continue to apply as per below:
On
Commencement
of Agreement
From first
full pay
period on or
after
1/1/2024
From first
full pay
period on or
after
1/1/2025
From first
full pay
period on or
after
1/1/2026
From first
full pay
period on or
after
1/1/2027
Transfers
during
working
hours (per
Km)
$1.51 $1.59 $1.67 $1.75 1.84
(k) Apprentices shall receive the following percentage of the amount detailed below:
Stage Percentage Stage Percentage
1st 75% 3rd 90%
2nd 85% 4th 95%
First Aid Allowance
36.6 The following allowances, in accordance with clause 21.10 (First aid allowance) of the Award
shall be paid as follows:
From
Commencem
ent of
Agreement
From first
full pay
period on
or after
1/7/2024
From first
full pay
period on
or after
1/7/2025
From first
full pay
period on
or after
1/7/2026
From first
full pay
period on
or after
1/7/2027
First-aid
attendant
(minimum
qualification) per
day
$4.36 $4.58 $4.80 $5.04 $5.30
Higher first aid
cert. per day
$6.88 $7.22 $7.58 $7.96 $8.36
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Height Allowance
36.7 Height allowance will be payable on all multi-story projects from Commencement of Agreement
as per the following:
(a) Where the Total Cost of Work is $50m or greater, height allowance (flat for each hour
worked) shall be paid in accordance with the below table:
From
commencement
of Agreement
From first
full pay
period on
or after
1/7/2024
From first
full pay
period on
or after
1/7/2025
From first
full pay
period on
or after
1/7/2026
From first
full pay
period on
or after
1/7/2027
From
commenceme
nt to 15th floor
$1.45 $1.52 $1.60 $1.68 $1.76
16th to 30th
floor
$1.72 $1.81 $1.90 $1.99 $2.09
31st to 45th
floor
$2.68 $2.81 $2.95 $3.10 $3.25
46th to 60th
floor
$3.47 $3.64 $3.82 $4.01 $4.21
61st floor and
upwards
$4.32 $4.44 $4.67 $4.90 $5.14
(b) Where the Total Cost of Work is less than $50m, the value of height allowance shall be paid
in accordance with the Building and Construction General Onsite Award 2020.
36.8 The applicable Height Allowance will be paid to Employees on a project in respect of works
performed by the Employer on that project:
(a) Up to the Employer’s contractual practical completion for the last separable portion of that
project, and
(b) Also, to any additional work that is continuous and carried out by the Employees of the
Employer on that project post practical completion, that falls under the Employer’s original
contract (for example defects work).
Inclement Weather (Emergency Work)
36.9 Where emergency work or a concrete pour is completed in accordance with clause 16.5, work
will be paid at the rate of 200% of the ordinary hourly rate calculated to the next hour (refer
clause 16.6)
Leading Hand
36.10 A leading hand is an Employee who is given by the Employer, or the Employer's agent, the
responsibility of directing and/or supervising the work of one or more other persons. A person
specifically appointed to be a leading hand, will be paid for all purposes, the leading hand
allowance appropriate for the number of persons in the Employee's charge. Additionally, a
leading hand will be paid at the hourly rate of the highest classification supervised or the
Employee's own hourly rate, whichever is the highest.
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From
Commencem
ent of
Agreement
From first
full pay
period on
or after
1/7/2024
From first
full pay
period on
or after
1/7/2025
From first
full pay
period on
or after
1/7/2026
From first
full pay
period on
or after
1/7/2027
Leading hand not
more than 1 (all
purpose hourly
rate)
$0.80 $0.84 $0.88 $0.92 $0.97
Leading hand 2
and not more
than 5 (all
purpose hourly
rate)
$1.73 $1.82 $1.91 $2.01 $2.11
Leading hand 6
and not more
than 10 (all
purpose hourly
rate)
$2.21 $2.32 $2.43 $2.55 $2.68
Leading hand
more than 10 (all
purpose hourly
rate)
$2.93 $3.08 $3.23 $3.39 $3.56
Living Away from Home Allowance
36.11 Where an Employee is engaged on distant work, the provision of reasonable board and lodgings
will be supplied by the Employer, at no cost to the Employee.
(a) Reasonable board and lodging means, a minimum of three adequate meals per day, and a
single room (not shared) which is quiet with air conditioning/heating, suitable ventilation,
comfortable and clean bedding, appropriate lighting and furnishings, an ensuite with a toilet,
shower and basin both with running hot and cold water, a television and tea and coffee
making facilities. All facilities must be clean and fully functioning.
(b) Where reasonable board and lodging are not available, the Employer and the Employee may
agree to alternative arrangements, provided that the Employee is not placed in a financial
disadvantage as a result of the alternative arrangement.
(c) If the Employer does not supply meals then an allowance will be paid per meal in accordance
with clause 36 per meal not supplied.
(d) Where Employees are required to work on a project more than 150km from the business
address where the Employee is engaged, this shall be referred to as distant work. Distant
work shall only be undertaken with agreement from the Union. Such agreement will take
into consideration daily travelling time and its effect on fatigue and may include an
agreement to enact the distant works provision of this Agreement where workers are
required to travel less than 150km.
(e) Rosters for distant work shall be agreed in writing between the Employer and the Union
before the distant work commences.
(f) Employees rostered for distant work must be notified in writing by the Employer. To ensure
fatigue is managed safely, no Employee will be required to work on distant work for more
than 14 consecutive days or have less than 7 consecutive days between engagements on
Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023–2027
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distant work. Notwithstanding any other requirements in this clause, no Employee will be
required to be away from home for more than 3 weeks without returning home at the
Employer’s expense.
(g) An Employee may refuse to work in circumstances where the working 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 responsibilities.
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the Employer, and by the Employee of his or her intention to
refuse it; and
(v) any other relevant matter.
(h) All time spent by Employees travelling to and from distant work will be paid as if worked
during the time the travel is taken.
Power Tools
36.12 Where an Employee is specifically required to supply their own power tools (maximum of three
commercial quality power tools plus a lead) by the Employer, the Employer will be responsible
for all consumables and tagging and will replace all stolen tools in accordance with clause 36.14,
if in an Employer lock up. Where the Employer requires the Employee to lend a power tool to
another Employee, the Employer is deemed to have taken ownership of the tool and will replace
the tool with a new tool of the same brand and model or an agreed alternative if the tool is lost,
stolen, broken or damaged.
Compensation for Loss of Employee Tools
36.13 This allowance will be paid from the Commencement of this Agreement.
36.14 The Employer will replace all Employee tools lost or stolen while stored at the direction of the
Employer in a room, building, premises, job, workshop, Employer vehicle or in a locker up to a
maximum value of no more than:
From Commencement of Agreement,
compensation for tools:
$2,618.07
36.15 Where satisfactory evidence is produced by the Employee that they have suffered a greater loss
greater than the amounts outlined in paragraph 36.14, the Employer shall pay the additional
amount.
Site Allowance
36.16 A Site Allowance as detailed below will be paid as a flat amount for each hour worked and will
remain unaltered for the duration of each project. At the commencement of any new project
by the Employer the Employer will inform the relevant Employees of the value of the project.
Where there is a dispute with the value of the project, the Qleave or NTBuild declaration of the
"Total Cost of Work" will apply.
Value of Project Site Allowance Value of Project Site Allowance
$50m-$80m $1.70 $500m-$600m $6.00
$80m-$100m $2.50 $600m-$700m $7.00
$100m-$200m $3.50 $700m-$800m $8.00
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(a) Site Allowance is not subject to any premium or penalty and shall compensate for
all disabilities other than:
(i) Heavy Blocks;
(ii) Explosive;
(iii) Powered Tools;
(iv) Scaffolder's Licence Allowance;
(v) Unbacked Insulation;
(vi) Swing Stage; and
(vii) Height/ Multi Storey.
NB: the Living Away from Home Allowance, travel allowance, transfers during working hours
and all allowances referred to in clause36of this Agreement are not disability allowances for
the purposes of this clause.
36.17 The applicable Site Allowance will be paid to Employees on a project in respect of works
performed by the Employer on that project:
(a) Up to the Employer’s contractual practical completion for the last separable portion of that
project, and
(b) Also to any additional work that is continuous and carried out by the Employees of the
Employer on that project post practical completion, that falls under the Employer’s original
contract (for example defects work).
Meal Allowance
36.1 An Employee required to work overtime for at least 1.5 hours after working ordinary hours
inclusive of time worked for accrual purposes, will be paid an amount in accordance with the
table below to meet the cost of a meal.
From
Commencement
of Agreement
From first
full pay
period on
or after
1/7/2024
From first
full pay
period on
or after
1/7/2025
From first
full pay
period on
or after
1/7/2026
From first
full pay
period on
or after
1/7/2027
Meal
Allowance
$28.80 $28.80 $28.80 $28.80 $28.80
37. LENDLEASE BENEFITS
37.1 The Employer, as a wholly owned subsidiary of Lendlease Corporation Limited, is currently able
to provide benefits in consideration for work performed.
37.2 Lendlease Benefits aim to link benefits for Employees to Employer performance via ownership
of Lendlease securities (ESAP Benefit).
$200m-$300m $4.50 $800m-$900m $9.00
$300m-$400m $5.00 $900m-$1b $10.00
$400m-$500m $5.50 $1b + $11.00
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37.3 The Parties recognise and agree that the Employer’s obligations and Employees’ rights in respect
of these benefits are not solely granted or regulated by the terms of this Agreement, but by
separate Trust Deeds, Rules, Agreements, and legislation (e.g. applicable superannuation
guarantee or taxation legislation). It is recognised that terms of those benefits may be altered
by the Lendlease Group or the respective Trusts from time to time, without reference to this
Agreement.
37.4 Notwithstanding 37.2 these Lendlease Benefits will be maintained for the life of this Agreement.
Lend Lease Employee Share Acquisition Plan Benefit (ESAP Benefit)
37.5 As an enhancement of the company philosophy of Employee ownership, a non-contributory
Employee Share Acquisition Plan was created in November 1988. This applies to full-time and
permanent part-time Employees. The securities acquired on an Employee’s behalf and
allocated through the Plan are shares in Lendlease Corporation Limited which are stapled to
units in Lendlease Trust (comprising of Lendlease securities which are publicly traded on the
Australian Stock Exchange) (ESAP securities). Employees are entitled to receive distributions on
their ESAP securities.
37.6 Employee entitlements under this ESAP remuneration arrangement are as follows:
(a) Effective from 2016, for each year of employment with the Employer, the Employer will
contribute 1% of an Employee’s EBR per annum (pro rated as applicable), with the
contribution increasing by 1% per annum to a maximum of 5% per annum, which will be
converted into ESAP securities to an equivalent monetary value; but the maximum total
contribution per tax year is $5,000 (which includes both voluntary and Employer
contribution arrangements); and
(b) the ESAP arrangement is a scheme to which Subdivision 83A-C of the Income Tax
Assessment Act 1997 (Cth) applies (subject to the conditions of the Income Tax Assessment
Act 1997 (Cth)). Taxation implications associated with this ESAP remuneration
arrangement are generally the same as those for the Lendlease voluntary ESAP salary
sacrifice arrangement (although the $5,000 tax limit referred to in clause 37.6(a) above
includes both voluntary and Employer contribution arrangements). Further tax
information is available in the ESAP Information Booklet available on the Lendlease
website.
Rehabilitation of Injured Workers
37.7 The Parties to this Agreement shall ensure that any Employee who sustains a work related
injury, illness or disease, will be afforded every assistance in accessing a rehabilitation program
aimed at returning that Employee to meaningful employment within the industry. The
Employer shall advise the Consultative Committee of such Employees and their return to work
plans, subject to compliance with the Privacy Act 1988 (Cth).
PART 6 HOURS OF WORK
38. HOURS OF WORK
38.1 Appendix 6 contains a visual representation to aid in the interpretation of hours of work clauses
under this document.
Ordinary hours
38.2 Except as provided elsewhere in this Agreement, the ordinary working hours will be 36 hours
per week (7.2 hours per day) worked between 6.00am and 6.00pm Monday to Friday. All time
worked outside the aforementioned span of hours shall be by agreement with and notified to
the Union and paid at double time. Agreement will not unreasonably be withheld (and
consideration given to contractual requirements and programme).
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38.3 There must be allowed, without deduction of pay, a minimum rest break of 20 minutes between
9.00am and 11.00am in lieu of an afternoon rest pause.
Start and Finish Times
38.4 Typically, work should not commence later than 7.00am on any day unless prior written
agreement has been reached with the Union.
38.5 Any hours worked between 4.00am and 6.00am will be paid at double time for the disability of
starting early and accrue towards the ordinary hours for the day.
38.6 Alteration of the typical start and finish times within the spread of ordinary daily hours shall be
by written agreement with the Union. Additionally, the Employer will:
(a) provide not less than 48 hours’ notice to affected Employees of the change to start and
finish times; and
(b) have regard to the intention of avoiding excessive overtime.
Overtime
38.7 It is the intention of the Employer and Employees that excessive overtime will not be worked.
(a) To this end the general standard of weekly hours will usually not be more than 50 per week,
which shall be taken to mean not more than 10 hours per day Monday to Friday, for an
individual Employee. The aforesaid ‘usual weekly hours’ of the affected Employees may by
agreement be exceeded from time to time to perform works which the Employer considers
necessary and to meet operational requirements including but not limited to the need to
perform works which are critical to the ongoing productivity or safety of other Employees
on the project or where a critical work task is delayed due to unforeseen circumstances.
38.8 Reflecting this intention, it is recognised that:
(a) The Employer is not restricted as to the setting of daily hours within the 50-hour general
standard; and
(b) Subject to agreement (between the Employer, the Union and a majority of Employees),
Employees may agree to work on a Saturday following a Monday RDO, provided there is
strict adherence with the rest of this clause. Agreement will not unreasonably be withheld,
and particular consideration shall be given to weeks where both RDOs and public holidays
occur.
38.9 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:
(a) 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;
(b) the Employee’s personal circumstances including any family responsibilities;
(c) the notice (if any) given by the Employer of the overtime and by the Employee of his or her
intention to refuse it; and
(d) any other relevant matter.
Overtime Penalty Rates
38.10 On projects where the Total Cost of Work is $50m or greater, all time worked in excess of the
ordinary hours and on weekends shall be paid at double time.
38.11 On projects where the Total Cost of Work is less than $50m, the overtime penalties will be paid
for at the rate of time and a half for the first two hours and at double time thereafter,
notwithstanding this, all hours worked on Saturdays and Sundays will be paid at Double time.
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Shiftwork
38.12 All shifts starting or finishing more than 2 hours outside of the ordinary hours of work will be
classified as Shiftwork and be paid at double time for the entire shift. Appendix 6 of this
agreement contains a visual representation to clarify hours of work obligations.
38.13 An early start between 4.00am and 6.00am on a regular day shift will be paid at double time for
those hours worked up until 6.00am, and will count towards the ordinary hours for the day and
not be considered shift work for the purposes of this clause.
38.14 A late finish between 6.00pm and 8.00pm will be paid at double time for those hours worked
outside the ordinary span of hours, will count towards the ordinary hours for the day if occurring
within 8 hours of the start time and not be considered shift work for the purposes of this clause.
38.15 Shiftwork shall be paid at the rate of double time for all hours worked.
38.16 Unless otherwise agreed between the parties an Employee who has to work Shiftwork shall be
given at least 48 hours’ notice of the requirements to work shift work.
38.17 An Employee may refuse to work Shiftwork in circumstances where the working of such shift
would result in the Employee working hours which are unreasonable having regard to matters
including:
(a) 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;
(b) the Employee’s personal circumstances including any family responsibilities;
(c) the notice (if any) given by the Employer of the Shiftwork and by the Employee of his or
her intention to refuse it; and
(d) any other relevant matter.
38.18 This clause will replace the Shiftwork clause under the Award.
Easter and Christmas
38.19 An Employee required to work during the Easter and Christmas period, that is to work on any
day between and inclusive of Christmas Day and New Year’s Day and any day, between and
inclusive of Good Friday and Easter Monday, shall be paid 300% of the hourly rate prescribed in
the Agreement for the Employee’s classification. Any work undertaken during these periods will
be by written agreement with the Union.
39. EMPLOYEE ROSTERED DAY OFF
39.1 Ordinary working hours will be scheduled in a 10-day cycle, Monday to Friday inclusive, with 8
ordinary working hours worked for each of 9 days and with 0.8 of an hour on each of those days
accruing toward the tenth day, which will be known as the rostered day off (RDO).
39.2 26 rostered days are scheduled to be taken off by an Employee for every 12 months’ continuous
service in accordance with the dates set out in the calendar contained in Appendix 7. The
purpose of this calendar is to ensure workers and site management manage their fatigue levels,
thereby encouraging safer and more productive projects. Calendars for years not contained in
this Agreement will be published by the Union when the Holiday and School Terms are released
by the Queensland Government.
39.3 Payment for RDOs will include an entitlement to the daily fares and travel allowance.
39.4 Each day of leave taken and any public holiday occurring during any cycle will be regarded as a
day worked for accrual purposes.
39.5 An Employee who has not worked a complete cycle will receive pro rata accrued entitlements
payable for the rostered day off.
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39.6 Where an Employee has insufficient accruals for an RDO, the Employer may by agreement with
the affected Employee, offset any deficiency from the Employee’s annual leave entitlement.
39.7 Where the Employer wants an Employee or Employees to work on an RDO, the following
process shall be followed:
(a) The Employer shall establish that there is a genuine need for the work to take place on the
RDO. Examples of where work may take place include, but are not limited to, the following:
(i) jumping cranes, erecting, or dismantling jump form, high-risk activity after
consultation with the safety committee),
(b) The Employer must consult with the affected Employee(s); and
(c) All work on RDOs will only occur by agreement between the Employer, the Employees and
the Union. Such agreement will be in writing.
39.8 The Employer is committed to providing as much notice as is reasonably practicable for a
requirement to work. Wherever possible, the process outlined above will occur at least 7
calendar days prior to the RDO in question.
39.9 An Employee may refuse to work an RDO in circumstances where the working of such a RDO
would result in the Employee working hours which are unreasonable having regard to matters
including:
(a) 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;
(b) the Employee’s personal circumstances including any family responsibilities; and
(c) any other relevant matter.
39.10 Where the procedure in clause 39.7 above has been followed and at least seven days’ notice
has been provided to Employees to work on the RDO, Employee’s must be paid for at 200% of
the rate applicable for the Employee’s classification in the Agreement, with a minimum payment
for 8 hours, for that RDO. Where the procedure in clause 39.7 above has not been followed or
less than 7 days’ notice has been provided to Employees to work on the RDO, Employee’s must
be paid at 250% of the rate applicable for the Employee’s classification in the Agreement, with
a minimum payment of 8 hours, for that RDO.
39.11 In addition to the loadings listed above, Employees will be provided the opportunity to take the
RDO at a later date of their choosing for each RDO that they are required to work.
39.12 Up to five (5) RDOs may be accrued under normal industry flexibilities. Accrued RDOs will be
taken in the calendar year they were due or be transferred to the Employee’s annual leave bank
in the last pay period of the calendar year provided sufficient RDO hours are retained to cover
the scheduled RDOs for January of the following year.
40. PRODUCTIVITY SCHEMES
40.1 Productivity Schemes will be prohibited unless written agreement has been reached between
the Employer and The Union.
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PART 7 LEAVE
41. LEAVE
Annual leave
41.1 An Employee’s entitlement to annual leave will be consistent with the National Employment
Standards contained in the FW Act.
41.2 Annual leave shall accrue at the rate of three-hours per week (i.e. 36 ordinary hours) of service.
If the Employee is a Continuous Shiftworker (as defined in this Agreement), the Employee shall
accrue annual leave at the rate of 3.75 hours per week (i.e. 36 ordinary hours) of service.
41.3 The Employer will not unreasonably refuse a request for annual leave by an Employee.
41.4 Annual leave will be paid at the rate the Employee would have received if ordinary hours had
been worked during the period of leave (including applicable allowances), plus a loading of
17.5%.
41.5 At the termination of employment, the Employee will be paid out all outstanding annual leave
entitlements, including the 17.5% loading. The annual leave will be paid out as if the Employee
were taking leave, commencing from the end of the termination notice period. As such, any
public holidays occurring during the period for which the annual leave entitlement applies, will
be paid for in addition to the annual leave entitlement.
Personal leave (personal leave, carer’s leave and compassionate leave)
41.6 Permanent Employees shall be entitled to paid personal leave when they are absent from work
due to:
(a) personal illness or injury (sick leave, a form of personal leave);
(b) for the purposes of caring for partners, children and/or other household or family members
who are sick or in a personal emergency and require the Employee's care and support
(carer's leave, another form or personal leave);
(c) for cultural purposes as defined in clause 8.6 of this Agreement; or
(d) compassionate leave.
Employees are entitled to compassionate leave in accordance with the National
Employment Standards contained in the FW Act. In addition, compassionate leave is
available for Employees upon the death of a family or household member, or close family
relatives.
41.7 Personal leave shall accrue as follows:
(a) Three days in the first month and then one additional day at the beginning of each of the
next nine-calendar months will be available in the first year of employment;
(b) 12 days at the beginning of the Employees second and each subsequent year will
commence on the anniversary of engagement; and
(c) All unused personal leave is cumulative.
41.8 If required by the Employer, when an Employee is absent for more than two-consecutive days
the Employee is required to give the Employer a doctor's certificate, or other reasonably
acceptable evidence, about the nature and approximate duration of the illness.
41.9 Unpaid carer’s leave will be in accordance with the NES.
Parental leave
41.10 Employees are entitled to Parental Leave in accordance with the NES and Paid Parental Leave
Act 2010 (Cth).
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41.11 In addition to sub-clause 41.10 above, and consistent with the Objectives of this Agreement,
the Employer will provide the below benefits to eligible Employees.
Paid Primary Carer Leave
41.12 An Employee is eligible for Paid Primary Carer Leave benefits if:
(a) the leave is associated with the birth of a child by the Employee or the Employee’s spouse
or de facto partner, or the placement of a child, with the Employee, for adoption; and
(b) the Employee is the Primary Carer of the child. For the purposes of this clause, Primary
Carer means the person who has the major daily responsibility for caring for the child
(including daily supervision and making arrangements for the child) in that leave period;
and
(c) the Employee has more than 12 (twelve) months’ continuous service with the Employer.
41.13 Eligible Employees will be entitled to a maximum of 18 weeks’ Paid Primary Carer Leave benefits
to commence within six (6) weeks prior to the birth of a child if the Employee is the birth giver,
or otherwise, no later than the date of the birth of the child or the placement of a child, with
the Employee for adoption;
41.14 Paid Primary Carer Leave must be taken in a single continuous period;
41.15 Paid Primary Carer Leave is paid at the applicable EBR and is paid for Ordinary Hours only;
41.16 For clarity, an Employee will not be eligible for Paid Primary Carer Leave for any period when
another person is receiving paid parental leave entitlements from their Employer as the Primary
Carer of that same child over the same period; and
41.17 The Employer may request evidence from an Employee in relation to their eligibility for Paid
Primary Carer Leave benefits.
Subsequent Births and Adoption Placements
41.18 If the Employee has returned to work and completed six (6) months service prior to commencing
their subsequent period of leave, they are eligible to apply for a further benefit to Paid Primary
Carer Leave under this clause.
41.19 If the Employee has not returned to work and/or has not completed six (6) months service prior
to commencing their subsequent period of leave, they will only be eligible to apply to the
Employer for unpaid parental leave in accordance with the NES.
Paid Secondary Carer Leave
41.20 An Employee is eligible for Paid Secondary Carer Leave if:
(a) the leave is associated with the birth of a child by the Employee or the Employee’s spouse
or de facto partner, or the placement of a child, with the Employee, for adoption; and
(b) the Employee has responsibility for the care of the child (but is not the Primary Carer); and
(c) the Employee has more than twelve (12) months’ continuous service with the Employer.
41.21 Eligible Employees will be entitled to a maximum of five (5) days’ Paid Secondary Carer Leave
benefit to commence within the first four (4) weeks following the birth or the placement of a
child, with the Employee for adoption;
41.22 Paid Secondary Carer Leave must be taken in a single continuous period; and
41.23 Paid Secondary Carer Leave is paid at the applicable EBR and is paid for Ordinary Hours only.
Community Service Leave
41.24 Community Service Leave will be in accordance with the FW Act.
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Long Service Leave
41.25 All Employees covered by this Agreement are entitled to long service leave on full pay under,
subject to, and in accordance with, the provisions of Division 9, sections 93-114 of the Industrial
Relations Act 2016 (Qld) as amended from time to time, or the provisions of the Building and
Construction Industry (Portable Long Service Leave) Act 1991 (Qld). Section 95 subsection (4) of
the Industrial Relations Act 2016 (Qld) does not apply to Employees covered by this Agreement.
Unpaid leave
41.26 Employees may take unpaid leave (in addition to any entitlements to certain types of unpaid
leave that are available in accordance with the NES). Such leave will be subject to the Employer's
approval except for up to five-days per year of unpaid leave, which may be taken for personal
circumstances by notice given at or before the commencement of such leave. Unpaid leave can
be taken for less than a day.
Public Holidays
41.27 An Employee is entitled to be absent from their employment on a day or part-day that is a public
holiday in the place where the Employee is based for work purposes. If, in accordance with this
clause, an Employee is absent from his or her employment on a day or part-day that is a public
holiday, the Employer must pay the Employee at the Employee’s base rate of pay for the
Employee’s ordinary hours of work on the day.
41.28 Reasonable requests to work on public holidays.
(a) The Employer may request an Employee to work on a public holiday if the request is
reasonable. Further, written agreement must be reached between the Employer and the
Union for any work on public holidays.
(b) If the Employer requests an Employee to work on a public holiday, the Employee may
refuse the request if
(i) the request is not reasonable; or
(ii) the refusal is reasonable.
41.29 In determining whether a request, or a refusal of a request, to work on a public holiday is
reasonable, the following must be taken into account:
(a) the nature of the Employer’s workplace or enterprise (including its operational
requirements), and the nature of the work performed by the Employee;
(b) the Employee’s personal circumstances, including family responsibilities;
(c) whether the Employee could reasonably expect that the Employer might request work on
the public holiday;
(d) whether the Employee is entitled to receive overtime payments, penalty rates or other
compensation for, or a level of remuneration that reflects an expectation of, work on the
public holiday;
(e) the type of employment of the Employee (for example, whether full-time, part-time, casual
or shiftwork);
(f) the amount of notice in advance of the public holiday given by the Employer when making
the request;
(g) in relation to the refusal of a request—the amount of notice in advance of the public
holiday given by the Employee when refusing the request; and
(h) any other relevant matter.
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41.30 All work done by any Employee on:
• 1st January;
• 26th January;
• Good Friday;
• Easter Saturday (the day after Good Friday);
• Easter Sunday;
• Easter Monday;
• 25th April (Anzac Day);
• May Day;
• The Birthday of the Sovereign;
• Christmas Eve (from 6.00pm to midnight);
• Christmas Day;
• Boxing Day; or
• any day appointed under the Holidays Act 1983
will be paid for at the rate of double time and a-half with a minimum of 4 hours.
41.31 In addition to the days set out above, Employees will be entitled to public holidays on any other
day, or part-day, declared or prescribed by or under a law of Queensland to be observed
generally within the Queensland, or a region of the State of Queensland (as applicable), as a
public holiday, other than a day or part-day, or a kind of day or part-day, that is excluded by the
regulations from counting as a public holiday.
42. FAMILY VIOLENCE LEAVE
General Principles
42.1 The Employer recognises that Employees sometimes face situations of violence or abuse in their
personal life that may affect their attendance or performance at work. The Employer is
committed to providing support to Employees that are subjected to family and/or domestic
violence.
42.2 Understanding the traumatic nature of family and/or domestic violence the Employer will
support their Employee if they have difficulties performing tasks at work. No adverse action will
be taken against an Employee if their attendance or performance at work suffers as a result of
being subjected to family and/or domestic violence. An Employee will not be discriminated
against or have adverse action taken against them because of their disclosure of, experience of,
or perceived experience of, family violence.
Definition of Family and/or Domestic Violence
42.3 For the purpose of this clause, family and/or domestic violence is defined as any violent,
threatening or other abusive behavior by a person against a member of the person’s family or
household (current or former). To avoid doubt, this definition includes behavior that:
(a) is physically or sexually abusive;
(b) is emotionally or psychologically abusive;
(c) is economically abusive;
(d) is threatening;
(e) is coercive;
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(f) in any other way controls or dominates the family or household member and causes that
person to feel fear for their safety or wellbeing or that of another person; or
(g) causes a child to hear or witness, or otherwise be exposed to the effects of, such behavior.
Family and/or Domestic Violence Leave
42.4 An Employee, including a casual Employee, who is subjected to family and/or domestic violence
is entitled to up to 10 days per year of paid family and/or domestic violence leave for the
purpose of:
(a) attending legal proceedings, counselling, appointments with a medical or legal practitioner
(b) relocation or making other safety arrangements; or
(c) other activities associated with the experience of family and/or domestic violence.
42.5 In addition, an Employee, including a casual Employee, who provides support to a close personal
contact who is subjected to family and/or domestic violence is entitled to access family and/or
domestic leave for the purpose of:
(a) accompanying that person to legal proceedings, counselling, appointments with a medical
or legal practitioner;
(b) assisting with relocation or other safety arrangements; or
(c) other activities associated with the family and/or domestic violence including caring for
children.
42.6 This leave will be in addition to existing leave entitlements, may be taken as consecutive or
single days or as a fraction of a day, and can be taken without prior approval.
42.7 Upon exhaustion of the leave entitlement in clause 42.4, Employees will be entitled to up to [2]
days unpaid family and/or domestic violence leave on each occasion.
Notice and Evidentiary Requirements
42.8 The Employee will give his or her Employer notice as soon as reasonably practicable of their
request to take leave under this clause.
42.9 If required by the Employer, the Employee must provide evidence that would satisfy a
reasonable person that the leave is for the purpose as set out in clause 42.4. Such evidence may
include a document issued by the police service, a court, a health professional, a family violence
support service, a lawyer, a financial institution, an accountant or a statutory declaration.
42.10 The Employer must ensure that any personal information provided by the Employee to the
Employer concerning an Employee’s experience of family and/or domestic violence is kept
confidential. Information will be managed in accordance with the Privacy Act 1988 (Cth).
Individual Support
42.11 In order to provide support to an Employee who is subjected to family and/or domestic violence
and to provide a safe work environment to all Employees, the Employer will approve any
reasonable request from an Employee subjected to family and/or domestic violence for:
(a) changes to their span of hours or pattern or hours and/or shift patterns;
(b) job redesign or changes to duties;
(c) relocation to suitable employment within the Employer;
(d) a change to their telephone number or email address to avoid harassing contact; or
(e) any other appropriate measure including those available under existing provisions for
family friendly and flexible work arrangements.
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PART 8 TERMINATION
43. TERMINATION
43.1 The Employer will consult with the Union prior to making any decision to terminate, make
redundant or any other form of cancelling the employment contract for any Employee.
43.2 Employment may be terminated by the Employer due to performance/general misconduct,
serious and willful misconduct, or Redundancy.
Performance/General Misconduct
43.3 In the event that an Employee fails to maintain satisfactory performance levels in the case of
general misconduct (e.g., lateness for work), the following 3 step counselling procedure will be
applied. This procedure does not apply for Redundancy situations or serious misconduct. An
Employee may elect at any step to have their Employee Representative or any other person or
persons of their choice, present. The Employee must be given an opportunity to respond to each
allegation. At the request of the Employee, copies of any written warnings will be given to the
Employee Representative or any other party to this Agreement.
43.4 Step 1- First Written Warning
(a) The Employer will have a discussion with the Employee, and the Employer will advise the
Employee of the problems that the Employer believes exist in relation to the Employee's
conduct. If appropriate the Employer will then issue a written warning detailing:
(i) The issues of concern; and
(ii) The standards of improvement required.
43.5 Step 2- Final Written Warning
(a) If the Employee fails to meet the standards of improvement in accordance with Step 1
within a reasonable period of time, the Employer will have a further discussion with the
Employee in which it will advise the Employee of the problems the Employer believes exists
in relation to the Employee's conduct. If appropriate the Employer will then issue a final
written warning detailing:
(i) The issues of concern;
(ii) The standards of improvement required; and
(iii) That it is a final written warning and that failure to meet the standards of improvement
stated therein may lead to dismissal.
(b) If an Employee does not repeat the same offence which produced the need for the final
warning, within 6 months of the warning, the final warning advice becomes null and void
and cannot be considered grounds for dismissal.
43.6 Step 3- Dismissal
(a) If after receiving a final warning, the Employee repeats the same conduct within a period
of 6 months, then the Employee may be dismissed. A written notice of dismissal will be
provided to the Employee by the Employer outlining the reasons for the dismissal.
43.7 The Employer shall provide to each terminated Employee a written statement specifying the
period of employment and the classification or type of work performed by the Employee.
43.8 The Employer shall pay each terminated Employee all accrued entitlements and other wages
owing within two business days of termination, or the Employee shall be entitled to claim
payment for all time spent waiting for the wages up to a maximum of 8 hours pay per day
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(including Saturday and Sunday). This claim shall be regardless of whether or not the Employee
remains on the job.
43.9 The Employer shall pay each terminated Employee for any public holiday that occurs in the
period of annual leave that would have been payable had the Employee commenced annual
leave on the date of termination. Where the Employee's leave balance is less than 10 working
days, and there is a public holiday/s occurring within the 10 working days (excluding weekends)
following termination, the Employee shall receive payment for this public holiday/s.
43.10 In cases where the Employer is considering transferring, or terminating the services of an
elected Union Delegate, Employee Representative, or a HSR, a five-day mandatory consultation
period shall be initiated by the Employer in the form of a face to face meeting with the Union
prior to any final decision on transfer or termination being made. The affected Employee and
their nominated representative will be immediately advised in writing of the initiation of the
consultation period and shall remain on the job during the consultation process. If the Employer
fails to comply with any of these requirements, the notice period that the Employer must give
to the affected Employee shall be increased to four weeks.
43.11 The Employer shall notify all funds upon termination of an Employee. This will include informing
Qleave of time served.
PART 9 REPRESENTATION
44. UNION DELEGATE
44.1 Where an Employee has been elected as a Union Delegate, the Employer will recognise the
following:
(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 were 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 in prominent locations in the
workplace except that the material must not breach freedom of association, privacy and
other applicable laws;
(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;
(f) the right to represent the interests of members in their workplace to the Union, the
Employer and industrial tribunals/courts;
(g) the right to represent the interests of Employees who request their assistance in their
workplace to the Employer and industrial tribunals/courts;
(h) the right for reasonable time off to attend accredited union education;
(i) the right to take reasonable leave to work with the Union;
(j) the right to have reasonable time off to participate in the operation of the Union; and
(k) the right to address new Employees about the benefits of union membership at the time
that they enter employment or on their first day on site.
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45. UNION DELEGATE FACILITIES
45.1 The Employer shall provide an agreed facility for the use of the Union Delegate 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 is able to effectively perform their
functions in a professional and timely manner. The facilities shall include:
(a) a telephone;
(b) a computer with Internet access;
(c) a table and chairs;
(d) a filing cabinet;
(e) air-conditioning/heating;
(f) access to stationery and other administrative facilities, including use of e-mail, (if available
on site), following consultation between the Union Delegate and Site Management; and
(g) a private lockable area.
46. UNION TRAINING LEAVE
46.1 An Employee elected as Union Delegate shall, upon application in writing to the Employer, be
granted up to five days paid leave each calendar year to attend relevant Union Delegate courses.
Such courses shall be designed and structured with the objective of promoting good industrial
relations within the building and construction industry.
46.2 Consultation may take place between the Parties in the furtherance of this objective.
46.3 The application for leave shall be given to the Employer in advance of the date of
commencement of the course. The application for leave shall contain the following details:
(a) The name of the Union Delegate seeking the leave;
(b) The period of time for which the leave is sought (including course dates and the daily
commencing and finishing times); and
(c) A general description of the content and structure of the course and the location where
the course is to be conducted.
46.4 The Employer shall advise the Union Delegate within seven clear working days (Monday to
Friday) of receiving the application as to whether or not the application for leave has been
approved.
46.5 The time of taking leave shall be arranged to minimise 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 Union Delegate is otherwise entitled.
46.6 The Employer shall not be liable for any additional expenses associated 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.
46.7 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 a Union Delegate's
RDO or with any concessional leave.
46.8 A Union Delegate on request by the Employer 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 attendance from the next week's pay or from any other moneys due to
the Union Delegate.
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46.9 Where a Union Delegate 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 the relevant award clause.
46.10 Leave of absence granted pursuant to this clause shall count as service for all purposes of this
Agreement.
47. UNION RIGHTS PROMOTING REPRESENTATION OF MEMBERS
47.1 The Employer shall establish policies and procedures so that all reasonable steps are taken to
encourage Employees, to become financial members of the relevant branch of the Union,
subject to relevant legislation.
47.2 Any Employer representative who discourages an Employee from becoming a financial member
of the Union breaches the intent of this Agreement.
47.3 The Employer must invite the Union Delegate to attend every Employer induction for new
Employees and to address Employees for at least half an hour per attendance.
47.4 A standing invitation exists for any representative of the Union covered by this Agreement to
enter any place where Employees or representatives are for purposes including, but not limited
to, dispute resolution or consultation meetings but not for purposes for which a Right of Entry
exists under Part 3-4 of the FW Act.
47.5 The Employer will allow the Union to promote membership of the Union.
47.6 The Employer will provide a Union noticeboard at every workplace. The display of material upon
the Union noticeboard will be under the control of the Union.
47.7 The Employer will provide any information to the Union about Employees that the Union
requires, and that is necessary to ensure compliance with this Agreement.
47.8 The Employer will provide information about the Union to an Employee that the Union requires.
47.9 Employees are entitled to have paid time off to attend union meetings of up to 2 hours (or more
by agreement) or participate in union activities. There shall be no more than one meeting per
shift. The Union shall notify the Employer that a meeting is to occur prior to the commencement
of the meeting.
47.10 Upon request, the Employer will deduct Union dues from an Employee's weekly wages and
remit such amount to the Union by EFT within 2 days of the deduction.
47.11 The implementation of this clause will be subject to the relevant legislation.
PART 10 COMPLIANCE
48. TIME AND WAGE RECORDS
48.1 Particulars of details of payment to each Employee must be included on the envelope including
the payment or in a statement provided to the Employee at the time payment is made and will
contain the following information:
(a) Name of employing Employer;
(b) Name of Employee;
(c) Employee's classification;
(d) Date of payment and period covered by wage statement;
(e) Details of the number of ordinary hours worked;
(f) Details of the number of overtime hours worked;
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(g) The ordinary hourly rate and the amount paid at that rate;
(h) The overtime hourly rates and the amounts paid at those rates;
(i) The gross wages paid;
(j) The net wages paid;
(k) Details of any deductions made from the wages;
(l) Details of all accrued entitlements such as RDOs, personal leave, annual leave, etc;
(m) Details of the Employer BUSSQ contribution;
(n) Details of the Employer BERT contribution, including the amount;
(o) Details of the Employer CIPQ payment, including the amount; and
(p) Details of the Employees BEWT payment, including and the amount.
48.2 In addition, the Employer must also maintain the following time and wage records:
(a) The Employee’s date of birth;
(b) date when the Employee became an Employee of the Employer, if appropriate, the date
when the Employee ceased employment with the Employer;
(c) The Employee’s tax file number;
(d) The Employee’s Employee number;
(e) The Employee’s BERT number;
(f) The Employee’s QLeave or NTBuild number;
(g) The Employee’s CIPQ number;
(h) Daily details of work including:
(i) Daily start time and finish time;
(ii) Time lunch and crib breaks taken;
(iii) Total ordinary hours worked and resulting wage;
(iv) Total time and a half hours worked and resulting wage; and
(v) Total double time hours worked and resulting wage;
(i) Details of allowances paid;
(j) Details and payment for RDOs, Personal and annual leave, public holidays;
(k) Details of deductions;
(l) Details of additions;
(m) Total gross allowances paid per week and year to date;
(n) Total gross wages paid per week and year to date;
(o) Tax deducted from wages per week and year to date;
(p) Net wages per week and year to date;
(q) RDOs, sick and annual leave accrued per week and year to date; and
(r) Superannuation, BERT, BEWT, and CIPQ paid per week and year to date.
49. SHAM CONTRACTING
49.1 Sham Contracting occurs when an Employer engages an individual to perform building work
under a contract for services where the true character of the engagement or proposed
engagement is that of employment.
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49.2 The Employer agrees they will not engage in Sham Contracting and recognises that the practice
of sham contracting is unlawful and undermines the job security of the Employees covered by
this Agreement.
49.3 The Employer will not enter into a contract with another person (“the Contractor”) under which
services in the nature of building work are to be provided to the Employer, if:
(a) the services are to be performed by an individual (who is not the Contractor); and the
individual has any ownership in, or is an officer or trustee of, the contractor; and
(b) if the contract were entered into with the individual, the contract would be a contract of
employment.
49.4 The Employer will maintain records about any Contractors that it has engaged in the preceding
month which will include:
(a) the name of the Contractor;
(b) the owner(s) of the Contractor;
(c) the works that the Contractor was engaged to perform; and
(d) basis on which the Contractor was paid for the work e.g. lump sum/fixed price, daily rate,
other.
49.5 The Employer will, within 7 days of receiving a written request from the Union, provide a copy
of the records which it is required to keep pursuant to the previous subclause. Nothing in this
subclause requires the Employer to provide information in a manner that is inconsistent with
the Privacy Act 1988 (Cth).
49.6 Where in breach of this clause a sham contract was in place, such that that Contractor was in
fact an Employee under this Agreement, the calculation for back pay will be calculated on the
basis of the difference between what they were paid under sham contract arrangement and:
(a) 175% of the applicable hourly rate contained in this Agreement;
(b) the Site Allowance (if applicable);
(c) the multi-story allowance (if applicable); and
(d) Superannuation (BUSSQ), BERT, CIPQ and BEWT.
50. SECURITY OF PAYMENTS
50.1 The Employer recognises that the under, non or late payment of building industry participants
for services rendered can affect the entitlements of workers and the security of their
employment.
50.2 The Employer acknowledges its obligations under the Building and Construction Industry
Payments Act 2004 (Qld) (as amended) and the Subcontractors Charges Act 1974 (Qld).
50.3 The Employer will not engage in illegal or fraudulent phoenix activities for the purpose of
avoiding any payment due to another building contractor or building industry participant or
other creditor.
50.4 The Employer will:
(a) comply with all applicable laws and other requirements relating to the security of payments
that are due to subcontractors;
(b) ensure that payments which are due and payable are made in accordance with applicable
legislative requirements;
(c) have a documented dispute settlement process in accordance with all applicable legislative
requirements that details how disputes about payments will be resolved, includes a referral
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process to an independent adjudicator for determination if the dispute cannot be resolved
between the parties and must comply with that process; and
(d) as far as practicable, ensure that disputes about payments are resolved in a reasonable,
timely and cooperative way.
51. TEMPORARY FOREIGN LABOUR
51.1 In this clause the term “temporary foreign labour” means a person that is not an Australian
citizen or Australian permanent resident or does not have rights to work and live permanently
within Australia who is employed or engaged to undertake building work by the Employer.
51.2 The Employer recognises that the engagement of temporary foreign labour may undermine the
job security of the Employees covered by this Agreement. The parties wish to limit the
circumstances in which temporary foreign labour can be engaged to ensure the job security of
the Employees covered by this Agreement.
51.3 The Employer will not engage temporary foreign labour as Employees unless:
(a) the position is first advertised in Australia;
(b) the advertising was targeted in such a way that a significant proportion of suitably qualified
and experienced Australian citizens and Australian permanent residents (within the
meaning of the Migration Act 1958 (Cth) or individuals with unrestricted work rights would
be likely to be informed about the position;
(c) any skills or experience requirements set out in the advertising were appropriate to the
position;
(d) the Employer demonstrates that no Australian citizen or Australian permanent resident or
individual with unrestricted work rights is suitable for the job;
(e) temporary foreign labour will be engaged in accordance with this Agreement, and
(f) written agreement has been reached with the Union.
51.4 The Employer will, within 7 days of receiving a written request from the Union provide evidence
demonstrating its compliance with this clause. Nothing in this clause requires the Employer to
provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth).
51.5 Where an Employer engages temporary foreign labour in breach of this clause, the position
shall, as soon as practicable, be re-advertised and filled by the Employer strictly in accordance
with this clause.
52. QUALITY BUILDING MATERIALS
52.1 The Parties recognise the complex issue of non-conforming building products (NCBPs). NCBPs
are building products about which false claims have been made as to their quality and purpose
or do not meet required standards for their intended use. A building product is non-conforming
if, in association with a building, the product:
(a) is not, or will not be, safe; or
(b) does not, or will not, comply with relevant regulatory provisions; or
(c) does not perform, or is not capable of performing, for the use to the standard represented.
52.2 The Parties recognise that domestically sourced and manufactured conforming building
products are less likely to create the above conditions and accordingly wish to maximise the use
of domestically sourced and manufactured building materials by the Employer.
52.3 The Employer will only use products in building work that comply with relevant Australian
standards published by, or on behalf of, Standards Australia in accordance with the National
Construction Code.
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52.4 In order to maintain compliance, the Employer will maintain records in accordance with the
Building and Construction Legislation (Non-Conforming Building Products ‒ Chain of
Responsibility and Other Matters) Amendment Act 2017 (Qld).
52.5 The Employer will, within 7 days of receiving a written request from the Union, provide a copy
of the records which it is required to be keep pursuant to the previous clause 52.4 above.
53. COMPLIANCE WITH THIS AGREEMENT
53.1 Complaints, queries and concerns regarding entitlements paid in relation to the Award or this
Agreement shall be raised and resolved in accordance with the disputes procedure in this
Agreement. Union Officials shall be provided access to time and wage records in accordance
with all legal requirements. Relevant Union Officials shall be provided access to time and wages
records in accordance with the FW Act.
53.2 The Employer will conduct an audit using the Audit Form provided for in Appendix 9 to confirm
compliance with:
(a) Awards and workplace arrangements which have been certified, registered or otherwise
approved under the relevant industrial legislation.
(b) Legislative requirements such as:
(i) the FW Act ;
(ii) QLD/NT Workers Compensation;
(iii) Superannuation; and
(iv) Long Service Leave.
53.3 This audit will be conducted when there is a request from the Union that there is a reasonable
suspicion of non-compliance. The audit will be undertaken in accordance with ISO9001-2008 by
an auditing company agreed between the Employer and the Union. A copy of the audit record
will be provided to the Union, and any representative nominated by the Employee.
54. POSTING OF AGREEMENT AND NOTICES
54.1 A true copy of this Agreement shall be exhibited in a conspicuous and convenient place on the
premises of the Employer and on every Employee's worksite so as to be easily read by
Employees.
55. SEVERABILITY
55.1 It is the intention of those covered by this Agreement that the Agreement contains only
permitted matters under the FW Act. The severance of any term of this Agreement that is, in
whole or in part, of no effect by virtue of the operation of section 253 of the FW Act shall not
be taken to affect the binding force and effect of the remainder of the Agreement. To the extent
it is possible, all terms should be interpreted in a manner that would make them permitted
matters.
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Appendix 1 – Rates Of Pay
1.1 Classification
Classification CW level Example Roles
New Entrant Labourer CW2 New to industry
Skilled Labourer CW3 Amenities attendant, gate person, traffic
attendant (except where supplied by a
specialist company or subcontractor),
general labourer
Trade Qualified/ Union Delegate/
HSR
CW4 Completion of a trade certificate, elected
union delegate/health and safety
representative
Advanced Special Class
Tradesperson
CW5 As defined.
1.2 Weekly Rate of Base Pay
Employees will be paid a Weekly Rate of Base Pay in accordance with the following table:
Classification CW
Level
From
Commencement
of Agreement
From first full
pay period on
or after 1 July
2024
From first full
pay period on
or after 1 July
2025
From first full
pay period on
or after 1 July
2026
From first full
pay period on
or after 1 July
2027
New Entrant
Labourer
CW2 $1,536.51 $1,616.10 $1,699.65 $1,787.27 $1,887.00
Skilled
Labourer
CW3 $1,601.39 $1,680.34 $1,763.01 $1,853.10 $1,943.35
Trade
Qualified/
Union
Delegate/ HSR
CW4 $1,677.11 $1,760.97 $1,850.78 $1,957.75 $2,055.25
Advanced
Special Class
Tradesperson
CW5 $1,744.76 $1,840.72 $1,932.39 $2,049.30 $2,167.95
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1.3 Weekly Productivity Benefits
In addition to the Weekly Rate of Base Pay Employees will be paid Weekly Productivity Benefits in
accordance with the following table:
Classification CW Level From Commencement of Agreement until at least 1
July 2027
New Entrant Labourer CW2 $ 251.12
Skilled Labourer CW3 $ 256.39
Trade Qualified/ Union
Delegate/ HSR
CW4 $ 261.48
Advanced Special Class
Tradesperson
CW5 $ 272.64
1.4 Weekly Tool Allowance
In satisfaction of the tools and protective or other clothing or equipment allowance prescribed and
payable under clause 21.1 of the Award, the following Weekly Tool Allowance will be paid to
Employees to cover the cost of hand tools provided by Employees in order to carry out their duties.
The Weekly Tool Allowance will be paid as a component of the Employee Benefit Rate (EBR) and is
not paid as an additional stand-alone allowance.
Classification CW Level From Commencement of Agreement until at least 1
July 2027
New Entrant Labourer CW2 $ 21.75
Skilled Labourer CW3 $ 32.62
Trade Qualified/ Union
Delegate/ HSR
CW4 $ 43.49
Advanced Special Class
Tradesperson
CW5 $ 43.49
1.5 Employee Benefit Rate (EBR)
Employees will be paid an all-purpose Employee Benefit Rate comprised of the following weekly
amounts:
(a) Weekly Rate of Base Pay;
(b) Weekly Productivity Benefits; and
(c) Weekly Tool Allowance.
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The EBR will be as follows:
Classification From Commencement of Agreement
CW Level Weekly Hourly
New Entrant Labourer CW2 $ 1,809.38 $ 50.26
Skilled Labourer CW3 $ 1,890.40 $ 52.51
Trade Qualified/ Union Delegate/ HSR CW4 $ 1,982.08 $ 55.06
Advanced Special Class Tradesperson CW5 $ 2,060.89 $ 57.25
Classification From first full pay period on or after 1 July 2024
CW Level Weekly Hourly
New Entrant Labourer CW2 $ 1,888.97 $ 52.47
Skilled Labourer CW3 $ 1,969.35 $ 54.70
Trade Qualified/ Union Delegate/ HSR CW4 $ 2,065.94 $ 57.39
Advanced Special Class Tradesperson CW5 $ 2,156.85 $ 59.91
Classification
From first full pay period on or after 1 July 2025
CW Level Weekly Hourly
New Entrant Labourer CW2 $ 1,972.52 $ 54.79
Skilled Labourer CW3 $ 2,052.02 $ 57.00
Trade Qualified/ Union Delegate/ HSR CW4 $ 2,155.75 $ 59.88
Advanced Special Class Tradesperson CW5 $ 2,248.52 $ 62.46
Classification
From first full pay period on or after 1 July 2026
CW Level Weekly Hourly
New Entrant Labourer CW2 $ 2,060.14 $ 57.23
Skilled Labourer CW3 $ 2,142.11 $ 59.50
Trade Qualified/ Union Delegate/ HSR CW4 $ 2,262.72 $ 62.85
Advanced Special Class Tradesperson CW5 $ 2,365.43 $ 65.71
Classification
From first full pay period on or after 1 July 2027
CW Level Weekly Hourly
New Entrant Labourer CW2 $ 2,159.87 $ 60.00
Skilled Labourer CW3 $ 2,232.36 $ 62.01
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Trade Qualified/ Union Delegate/ HSR CW4 $ 2,360.22 $ 65.56
Advanced Special Class Tradesperson CW5 $ 2,484.08 $ 69.00
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Appendix 2 – Skill Development Line
The skill level for an Employee will be assessed in accordance with the following table:
SKILL DEVELOPMENT LINE
Skill Level classification
Competency Required
Core Skills: Mandatory (must
complete all)
Elective Skills
CW2
Note to advance in a
specialist career path
stream competency must
be gained in all
requirements of the
chosen elective stream
commencing from skill
level 2.
Communication &
Organisation 2
Plant & equipment awareness
Introduction to plan reading
General Construction
Calculation of quantities
General setting out
Restricted height scaffolding
Senior first aid
Materials handling and
stacking
Non-Mandatory Items
EHS Matrix task no’s 15 and 39
An Employee must complete a
minimum of 9 of the identified
electives
Structure
Concrete tools, placement & finish
Basic formwork
Basic steelfixing
Finishes
Brickwork & blockwork
Cement render
Wall and floor tiling
Wall and floor frames
Plasterboard installation
Surface preparation and painting
Materials Handling
Preliminary rigging
Dogging
EHS Reps & Site Management
Preliminary rigging
Dogging
Computer basic 2
EHS Matrix task no. 15
Automated external defibrillation
CW3
Communication &
organisation 3
Defects clearance
Sustainability 3
Image branding and
awareness
RMS (Blue) traffic controller
Minimum of 2 of the following
skills:
Set-out & survey
Codes of practice
Oxy Acetylene Use and
safety
Welding (non-structural)
Gate and traffic management
A minimum of 12 of the identified
electives or complete all items in a
selected Specialist Stream.
Structure
Explosive powered tool
General concreting (Cert II)
Steelfixing (Cert II)
Erect & Strip formwork 3
Finishes
Explosive powered tool
Masonry
Paving
Render
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SKILL DEVELOPMENT LINE
Skill Level classification
Competency Required
Core Skills: Mandatory (must
complete all)
Elective Skills
EHS matrix tasks no.s 10, 13,
20 & 29
Wet Area fitout works 3
General fitout works 3
Materials Handling
Forklift operation
Dogging 3
Rigging 3 (basic)
Hoist Operation 3
Load shifting equipment 3
Scaffolding 3 (basic)
General crane operation
EHS Reps & Site Management
Explosive powered tool
EHS Matrix Task No’s 10, 13, 20 & 29
Working with asbestos
Scaffolding 3 (Basic)
Computer Basics 3
RMS (Yellow) Apply traffic control
plans (or equivalent)
EHS Reps
Occupational First Aid
Site Management
Dilapidations & defects management
CW4
Specialist Skills
(Completion of an
industry related trade
course provides
competence and close
out of Skill Level 4
electives)
Communication &
organisation 4
Management systems
awareness
Advanced plan reading
Sustainability 4
Non-Mandatory Items
EHS Matrix task no.s 6 & 8
A minimum of 7 of the identified
electives (excluding EHS Tasks) must
be completed.
Structure
General concreting (cert III)
Steelfixing (cert III)
Site administration awareness
Erect and strip formwork 4
Finishes
Wet area fitout works 4
General Fitout works 4
Site Administration Awareness
Materials Handling
Dogging 4
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SKILL DEVELOPMENT LINE
Skill Level classification
Competency Required
Core Skills: Mandatory (must
complete all)
Elective Skills
Rigging 4 (Intermediate)
Site Administration Awareness
Scaffolding 4 (intermediate)
Load shifting equipment 4
Hoist Operation 4
EHS Reps & Site Management
EHS Matrix Task no’s 6 & 8
Site Administration Awareness
EHS IT skills
Hazardous Substance & Dangerous
goods
Optional EHS Reps & Site
Management
RMS (Orange) Design/Inspect TCP’s
(or equivalent)
RMS (Red) Select/Modify TCP’s (or
equivalent)
CW5
Mandatory Skills
Management 5
Supervision 5
Site Estimation
Non-Mandatory Items
EHS Matrix Task No.s 1, 5, 11,
12, 17, 21, 22,30, 31
A minimum of 14 of the identified
electives or all items in the selected
Specialist Stream.
Specialist Skills
Note: Automatic completion of SL5
electives is gained if a CW is deemed a
specialist by the Assessor and Assessor
Committee in any of these categories:
Master Craftsman
Builder 5
Workplace Assessor (cert iv)
Workplace Trainer (cert iv)
Industrial Co-ordination
Load shifting equipment
Materials Handling
Materials Coordination
Dogging 5
Rigging 5 (Advanced)
Scaffolding 5 (Advanced)
Load Shifting Equipment 5
Hoist operation 5
Leadership development
EHS Reps & Site Management
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SKILL DEVELOPMENT LINE
Skill Level classification
Competency Required
Core Skills: Mandatory (must
complete all)
Elective Skills
EHS Matrix Task no.s 1, 5, 17, 21, 26
and 31
Leadership Development
EHS Reps
General EHS Rep skills
Site Management
Leadership Development
Metal roofing
Masonry 5
Waterproofing
Acoustics
Facades
Passive fire
Building Code of Australia
Quality Management
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Appendix 3 – Skill Development Program
1 Introduction
1.1 The Parties to this Agreement have identified the need to develop Companies of highly skilled
Employees recognised and rewarded for their skills and for their contribution in the workplace. To
achieve this, a Skill Development Line has been developed that:
(a) is suited to the preferred work organisation and on-the-job learning;
(b) provides a career progression for Employees;
(c) reward skills acquired, in terms of both depth and breadth; and
(d) has components that can be nationally endorsed by the relevant construction industry skills
council for industry-wide acceptance and portability, and components which are specific to
the Employer only.
1.2 Skill development will be provided in accordance with the Skill Development Line through structured
learning in the workplace, on-the-project learning with skill development modules and off-the-project
learning through external program. Skill development outside the skills development line and the
Employee's learning agreement will be considered on its merits and in terms of its applicability to the
business.
1.3 Current and new Employees will enter the Skill Development Program and shall undertake necessary
retrospective skills development in accordance with the skills development line.
1.4 Where appropriate, Employees should have their current skills assessed against the nationally
recognised competency standard relevant to their work.
2 Definitions
’Assessment’ is the method used to measure the competency level of an Employee against a set
standard.
’Elements’ are the components of a skill development module and will address the training
requirements for the skill, etc. using classroom techniques, on the job skilling, self-paced computer
based techniques or other skill development techniques as introduced from time to time.
’Employee Skill Development Plan’ refers to the particular program of learning which has been
mutually agreed between the Employee and their supervisor.
’Entry assessment’ is an assessment of the current skills of an Employee upon commencement of the
Skills Development Line and is used to assist in determining the individual's Employee Skill
Development Plan. Entry assessment is also designed to determine whether a particular individual
meets the set standard of competency and hence is exempt from a relevant Skill development module
or course.
’External Program’ refers to skill development, which has been nominated for inclusion within the
skills development line, conducted by an external body which sets the standard of competency to be
achieved.
’General, Common and Lendlease Skills’ are the skills which may be undertaken at each level.
’Essential Learning, General Skills, Common & Specific Hand Skills and General EHS Skills’ are the
core skills which may need to be undertaken at each level.
’Industry Recognition’ is awarded to the Employee who reaches a set industry standard of
competency in a skill, and endorsed at that standard by an approved assessor within the guidelines of
the relevant construction industry skills council.
’Learning Program’ is made up of Work Based Learning which is linked to the work role in the following
ways:
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(a) ’On-the-job Structured Learning’ occurs when an Employee is allocated work activities which
are productive and at the same time provide an opportunity for learning.
(b) ’Off-the-Project Learning’ which by participating in internal/external programs, provides
learning opportunities for the Employee away from the workplace.
’Performance Appraisal’ is the mutual agreement between the Employee and the supervisor, that
agrees the Learning Program to be undertaken by the Employee to move to the next level in the Skills
Development Line.
’Pre-assessment’ is an assessment of an Employee at the completion of each Skill development
module which is designed to indicate whether the Employee has reached the set standard of
competency.
‘Skills Development Committee’ is the committee established under clause 12 of this appendix.
’Skill development module’ is a learning program for a set of skills relating to the Employees work in
the Companies. Each module consists of one or more elements.
‘Skill Development Manager’ means the relevant regional training manager and/or Business Unit
Manager.
3 Assessment
3.1 Any Employee who is pre-assessed and is able to demonstrate the set standard of competency prior
to undertaking a Skill Development module or course will not be required to undertake that particular
Skill Development module or course and will be recognised in accordance with the SDL Skills
Development Line.
3.2 At the completion of a Skill Development module the Employee shall be objectively assessed according
to a set standard. If the Employee achieves this set standard the Employee will be deemed to be
competent for the purpose of that Skill Development module, and will be recognised.
3.3 To formalise recognition, the Employee will be issued with either:
(a) a certificate, recognised by the Employer, which confirms his/her recognition for the skill
nominated; or
(b) a certificate of competency, issued by an RTO accredited to provide such training, where the
training is part of a national qualification endorsed by the Australian Industry Skills Council (or
its successor).
3.4 The set standards referred to above will be established by management in consultation with the Skills
Development Committee. This set standard will be used in entry assessment, pre-assessment and Skill
development module assessment. The set standard will form part of the appropriate Skill
Development module.
3.5 The Skills Development Committee will nominate and maintain a list of all approved Employer
assessors for each skilling module.
3.6 A register containing details of the skills recognised for each Employee under the Skills Development
Program will be maintained. Each Employee or the Employee’s duly authorised representative will
have access to the Employee's personal register.
4 Recognition
The Employer agrees that as far as is practicable, registration of modules, trainers, assessors and skill
centres will conform to industry standards.
5 Common, General and Lendlease Skills
5.1 There are a number of Skills development modules which are deemed to be core skills, for each level,
they are:
(a) General Skills (mandatory)
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These are Communication, EH&S, Plan Reading, Sustainability, Plant & Equipment and
Organising Work. These are skills that have been proposed within industry as prerequisites
under any skill development system. They will be included at selected levels of the skills
development line and aim to provide base or minimum skills for all Employees.
(b) Common Skills (mandatory)
These are skills that have been proposed within the industry as prerequisites under any Skill
Development system.
These are task skills and knowledge that are required by all site Employees. It is proposed that
these skills be mandatory at all levels.
(c) Lendlease Skills & Knowledge (optional)
At the entrant level, as part of the induction process it is proposed that probationary
Employees gain a detailed knowledge of the various features of the Employer, conditions of
employment and major policies/initiatives of the Employer. This will include areas such as
Employees benefits, safety systems, the environment and workplace reform. It is also likely
that Employees will get updates of this knowledge at regular periods beyond the entrant level.
Essential Learning, General Skills, Common & Specific Hand Skills and General EHS Skills.
5.2 There are a number of Skill development modules, tickets and training requirements which are
deemed to be core skills, for each level, they are:
(a) Essential Learning (mandatory)
New Starters - These are Orientation, Lendlease Induction, Introduction to the CW Skills
Manual and Training resources, Industry Induction, Manual Handling Training and the
Lendlease Safety Passport.
(b) Skill Level 1 – Computer Basics 1
These are skills that have been agreed as prerequisites under the Skill Development system.
They will be included at the specific levels of the skill development line and aim to provide
base or minimum skills for all Employees.
(c) Common & Specific Hand Skills (mandatory)
These are skills that have been proposed within the industry as prerequisites under any Skill
Development system.
These are task skills and knowledge that are required by all site Employees. It is proposed that
these skills be mandatory at all levels.
(d) General EHS Skills (mandatory)
These are the EHS skills and additional training requirements to be completed if within
individual’s CW Skills Classification level and if required for specific tasks identified as part of
an individual CW’s project role and responsibility as specified in the Lendlease ‘EHS Task and
Position Competency Matrix’.
(e) Lendlease Skills & Knowledge (optional)
At the entrant level, as part of the induction process it is proposed that probationary
Employees gain a detailed knowledge of the various features of the Employer, conditions of
employment and major policies/initiatives of the Employer. This will include areas such as
Employee benefits, safety systems, the environment and workplace reform. It is also likely
that Employees will get updates of this knowledge at regular periods beyond the entrant level.
5.3 At levels beyond entrant level, consistent with the ideal of creating self-managed work area teams, it
is proposed that a range of soft and management skills be available to Employees. These skills are
optional at all levels through the Skill Development Line, though it should be noted that they are key
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skills as Employees take on roles that include coaching, facilitating, coordinating and which are more
aligned with current management roles.
6 Task Specific Skills
6.1 These skills form a large component of the Skill Development Line and are the task and technical skills
that Employees apply in carrying out work on site. By definition, tasks are routine by nature, have a
sequence of steps, have a definite start and finish and produce a tangible outcome. The task skills
have been grouped to suit the favoured work organisation and placed in levels to reflect increasing
complexity.
6.2 Given that there exists the industry benchmark of a trade qualification that is gained by either
undertaking an apprenticeship (‘fast track’ learning) or by learning the skills over a longer period of
time on the job, this benchmark has been reflected in the model. This also enables learning objectives
that currently exist in the TAFE curriculum to be used as guides for the levels and scope of Employee
skills. The trade level in the model is level 4.
6.3 The preferred skill formation concept is based on skills being learnt on-the-job i.e. in performing the
work in a team, skills can be shared and transferred. As a result, and respecting the levels in a current
trade course, Employees skill acquisition is very closely related to the work performed.
6.4 That is, they will perform tasks needed most of the time using skills at a higher level but will also have
secondary skills at lower levels that will be used less of the time.
6.5 In achieving level 2, Employees gain a broad range of skills at a low level, being secondary skills for
general application in that team. In achieving level 3, approximately half the skills will be secondary
and the other half in a primary skill. This is the first specialisation that Employees undertake. In
achieving level 4 another primary skill is learnt and practised and one optional skill which extends one
of the primary skills to the level of TAFE tradesperson. Some skills will have prerequisites that require
a particular sequence of modules to be undertaken to progress.
6.6 In achieving level 4 additional Core Skills are learnt and practised along with selected Elective Skills to
the level of TAFE tradesperson. Some skills will have prerequisites that require a particular sequence
of modules to be undertaken to progress.
6.7 At levels 5 and 6 opportunity exists for Employees to specialise further through undertaking more
advanced versions of their primary skill or develop skills which make them technical experts in the
technical aspects of work undertaken.
6.8 Skill Level Requirements
These are specified within each skill level of the CW Skill Development Manual, as amended from time
to time, which is issued to all Employees and covers requirements to satisfy the Core and Elective skills.
7 Skills Development Line
7.1 The Skill Development Line, will be adapted for the life of this Agreement.
7.2 Table 1 outlines the skill levels:
Skill Level Relativities % of Base Pay
Level 2 95.0
Level 3 97.5
Level 4 100.0
Level 5 105.0
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7.3 Progression from level to level after completion of skills modules and in accordance with the skills
development line is directly dependent on gaining registration for successfully completing Skill
Development modules and courses or by pre-assessment.
7.4 Progression through the Skill Development Line will be competency based but may also include some
time based elements. Competency based assessments allow recognition of a skill on the satisfactory
completion of a specified task to a particular quality within an acceptable time.
8 Induction
8.1 All new Employees to the Employer, regardless of entry level, will undertake a four week probationary
Employee induction period.
8.2 During this period if no formal evidence of skills or qualification is provided at the time of employment,
Employees will be paid at the induction rate, and will undergo an assessment. Following assessment,
the revised rate of pay will be applied, in accordance with the individual’s skill level (as per the Skills
Development Line) from the date of employment.
9 Employee Skill Development Plan
9.1 To enable each Employee to progress along the Skills Development Line, an individual Employee Skill
Development Plan will be formulated between the Employee and the supervisor that will take into
account the needs of the individual and the Employer.
9.2 Once the Employee Skills Development Plan has been mutually agreed the Employee and the
supervisor enter into a ‘learning agreement’.
9.3 Should an Employee have reason to question the implementation of his/her Employee Skill
Development Plan, the matter may be referred to the relevant Skill Development Manager.
9.4 Every endeavour will be made to schedule appropriate skilling in a reasonable time frame, dependent
on site learning opportunities, skilling resources, personnel, etc.
9.5 The Employee Skill Development Plan should be formally reviewed every six months by the Supervisor
and the Employee. When the Employee has completed and passed all competency standards to
progress to the next level, a new Employee Skill Development Plan will be established using the
‘Recommended Learning’ section of the Skills Database Employee Sheet.
9.6 Skills gained outside the agreed Learning Agreement will not be recognised or paid for unless the
Employee is directed to use these skills.
10 Changes to the Employer Skills Development Program
10.1 It is accepted that it may be necessary from time to time to amend or delete Skill Development
modules/courses or adjust the Skills Development Line.
10.2 Proposed variations are to be submitted to the Skill Development Committee who will invite
submissions from the Parties and after the lapse of a specified period, advise the Parties to the
agreement of any changes to the Skills Development Program.
10.3 A change will not disadvantage Employees who are undertaking a skilling module/course at the time
of the variation or Employees who have already received recognition for the skilling module/course.
11 Skills Development Committee
11.1 The Parties agree to the continuance of the Skills Development Committee that will review and advise
the Employer on the following issues:
(a) Competency standards as proposed by management and Employees under the guidelines of
the relevant construction industry skills council;
(b) Relativity among skills modules;
(c) Consistency of standards;
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(d) Meeting of industry standards (as minimum) in terms of modules, trainers/assessors and skill
centres; and
(e) Maintenance and improvements to the Skill Development Line.
11.2 The Skills Development Committee will be a national committee and will consist of and equal mix of
Employee and Employer management representatives. It will be chaired by the Employer’s Skills
Development Manager. Industry representation will be encouraged to attend these meetings.
11.3 The committee will also advise the Skills Development Manager in setting guidelines for the following
issues:
(a) Providing input into industry standards;
(b) Reviewing current skill levels;
(c) Design at individual Learning Program;
(d) Employee Skill Development Plan;
(e) Learning Agreements;
(f) Monitoring progress;
(g) Development of training material;
(h) Coordinating update of modules;
(i) Coordinating the publishing of material; and
(j) Monitoring the life cycle of modules.
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Appendix 4 – Specialist Occupations
This below classification tables are applicable to clause 28.5, 28.6 and 28.7 only. These tables provide details
of Specialist Occupations in the construction industry outlining indicative CFMEU industry rates of pay:
CONSTRUCTION WORKER CLASSIFICATIONS AND RATES OF PAY
Level Occupations
Fro
m
1/07/2023 1/07/2024 1/07/2025 1/07/2026 1/07/2027
CW8 Supervisor
p/w $2,308.07 $2,423.47 $2,544.64 $2,671.88 $2,805.47
p/h $64.11 $67.32 $70.68 $74.22 $77.93
CW7
Tower Crane Operator, Tower Crane
Rigger, Hoist Rigger, Supervisor (Sub-
Foreperson)
p/w $2,215.08 $2,325.83 $2,442.13 $2,564.23 $2,692.44
p/h $61.53 $64.61 $67.84 $71.23 $74.79
CW6 Trainer
p/w $2,122.85 $2,228.99 $2,340.44 $2,457.46 $2,580.34
p/h $58.97 $61.92 $65.01 $68.26 $71.68
CW5
Special Class Trades, Special Class
Dogman (as defined), Refractory
Bricklayer, Carver
p/w $2,030.62 $2,132.15 $2,238.75 $2,350.69 $2,468.23
p/h $56.41 $59.23 $62.19 $65.30 $68.56
CW4 Signwriter
p/w $1,972.03 $2,070.63 $2,174.16 $2,282.87 $2,397.01
p/h $54.78 $57.52 $60.39 $63.41 $66.58
CW4
Marker Setter Out, Letter Cutter,
WHSO, Union delegate
p/w $2,040.44 $2,142.47 $2,249.59 $2,362.07 $2,480.17
p/h $56.68 $59.51 $62.49 $65.61 $68.89
CW4
Mobile Concrete Boom Pump
Operator
p/w $1,941.03 $2,038.08 $2,139.99 $2,246.98 $2,359.33
p/h $53.92 $56.61 $59.44 $62.42 $65.54
CW3
Carpenters/Joiners, Stonemason,
Window Fixer, Other Qualified
Tradesperson*
p/w $1,948.21 $2,045.62 $2,147.90 $2,255.30 $2,368.06
p/h $54.12 $56.82 $59.66 $62.65 $65.78
CW3
Floor layers, Plasterers, Tilers, Tuck-
pointers
p/w $1,933.85 $2,030.54 $2,132.07 $2,238.67 $2,350.60
p/h $53.72 $56.40 $59.22 $62.19 $65.29
CW3 Bricklayers, Water-proofers
p/w $1,922.13 $2,018.24 $2,119.15 $2,225.11 $2,336.36
p/h $53.39 $56.06 $58.87 $61.81 $64.90
CW3 Slater, Ridge or Roof Fixer, Roof Tiler
p/w $1,904.36 $1,999.58 $2,099.56 $2,204.54 $2,314.77
p/h $52.90 $55.54 $58.32 $61.24 $64.30
CW3 Painters, Glaziers, Installers
p/w $1,879.79 $1,973.78 $2,072.47 $2,176.10 $2,284.90
p/h $52.22 $54.83 $57.57 $60.45 $63.47
CW3
Rigger, Dogman, Employees with
AQF 3 certificates (even if Employee
job mentioned in lower
classification), Mobile Concrete Line
Pump Operators, Concrete Cutter (+
6 months experience)
p/w $1,848.80 $1,941.24 $2,038.30 $2,140.21 $2,247.23
p/h $51.36 $53.92 $56.62 $59.45 $62.42
CW2
Scaffolder, Powder Monkey, Hoist &
Winch Driver, Foundation Shaftsman,
Steelfixer (including Tack Welder),
Concrete Finisher, Traffic Controller,
Gatemen / Security Guard, Pump
Line Hand, Post Tensioning,
Caulkers/Joint Sealers
p/w $1,774.71 $1,863.45 $1,956.62 $2,054.45 $2,157.17
p/h $49.30 $51.76 $54.35 $57.07 $59.92
CW1
Skilled Labourer, Formwork
Labourer, Truck Delivery Driver and
Others
p/w $1,708.18 $1,793.59 $1,883.27 $1,977.43 $2,076.31
p/h $47.45 $49.82 $52.31 $54.93 $57.68
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APPRENTICE RATES OF PAY (4 Year)
Stage Occupations From 1/07/2023 1/07/2024 1/07/2025 1/07/2026 1/07/2027
4 Apprenticeship (90% of CW3)
p/w $1,663.96 $1,747.15 $1,834.51 $1,926.24 $2,022.55
p/h $46.22 $48.53 $50.96 $53.51 $56.18
3 Apprenticeship (75% of CW3)
p/w $1,386.72 $1,456.20 $1,528.92 $1,605.60 $1,685.88
p/h $38.52 $40.45 $42.47 $44.60 $46.83
2 Apprenticeship (60% of CW3)
p/w $1,109.16 $1,164.60 $1,222.56 $1,283.76 $1,348.20
p/h $30.81 $32.35 $33.96 $35.66 $37.45
1 Apprenticeship (50% of CW3)
p/w $924.21 $970.42 $1,018.94 $1,069.89 $1,123.38
p/h $25.67 $26.96 $28.30 $29.72 $31.21
APPRENTICE RATES OF PAY (3 year)
Stage Occupations From 1/07/2023 1/07/2024 1/07/2025 1/07/2026 1/07/2027
3 Apprenticeship (90% of CW3) p/w $1,663.96 $1,747.15 $1,834.51 $1,926.24 $2,022.55
p/h $46.22 $48.53 $50.96 $53.51 $56.18
2 Apprenticeship (70% of CW3) p/w $1,293.89 $1,358.59 $1,426.52 $1,497.84 $1,572.74
p/h $35.94 $37.74 $39.63 $41.61 $43.69
1 Apprenticeship (50% of CW3) p/w $924.21 $970.42 $1,018.94 $1,069.89 $1,123.38
p/h $25.67 $26.96 $28.30 $29.72 $31.21
TRAINEE WAGES
Persons undertaking a Trainees hip will receive either the following rates or remain at their existing level, whichever is the greater:
Stage Occupations
Fro
m
1/07/2023 1/07/2024 1/07/2025 1/07/2026 1/07/2027
5 Traineeship (100% of CW3)
p/w $1,848.80 $1,941.24 $2,038.30 $2,140.21 $2,247.23
p/h $51.36 $53.92 $56.62 $59.45 $62.42
4 Traineeship (CW2 - 96% of CW3)
p/w $1,774.71 $1,863.45 $1,956.62 $2,054.45 $2,157.17
p/h $49.30 $51.76 $54.35 $57.07 $59.92
3 Traineeship (CW1 - 92.4% of CW3)
p/w $1,708.18 $1,793.59 $1,883.27 $1,977.43 $2,076.31
p/h $47.45 $49.82 $52.31 $54.93 $57.68
2 Traineeship (CW1(b) - 88% of CW3)
p/w $1,626.91 $1,708.26 $1,793.67 $1,883.35 $1,977.52
p/h $45.19 $47.45 $49.82 $52.32 $54.93
1
Traineeship (New Entrant - 82% of
CW3)
p/w $1,515.78 $1,591.57 $1,671.15 $1,754.70 $1,842.44
p/h $42.11 $44.21 $46.42 $48.74 $51.18
Trainees shall progress through each of the stages every six months from the date of commencement, unless stages are otherwise completed earlier.
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EARTHMOVERS CLASSIFICATIONS – RATES OF PAY
Level Occupations From 1/07/2023 1/07/2024 1/07/2025 1/07/2026 1/07/2027
CW3 Bobcat, Pile Driver
p/w $1,814.59 $1,905.32 $2,000.58 $2,100.61 $2,205.64
p/h $50.40 $52.92 $55.57 $58.34 $61.26
CW4
Backhoe, Drott,
Vibrating Roller, Front
Mini Excavator
p/w $1,873.35 $1,967.01 $2,065.37 $2,168.63 $2,277.06
p/h $52.03 $54.63 $57.36 $60.23 $63.24
CW5
Bulldozer, Scraper
Excavator, Grader, Front
end loader over
2.25mtrs
p/w $1,952.96 $2,050.61 $2,153.14 $2,260.79 $2,373.83
p/h $54.23 $56.94 $59.79 $62.78 $65.92
CW6 Final Trim Grader
p/w $2,026.26 $2,127.57 $2,233.95 $2,345.65 $2,462.93
p/h $56.27 $59.08 $62.04 $65.14 $68.40
MOBILE HYDRAULIC PLATFORMS CLASSIFICATIONS - RATES OF PAY
MOBILE HYDRAULIC PLATFORMS
Occupations From 1/07/2023 1/07/2024 1/07/2025 1/07/2026 1/07/2027
Trainee (as defined)
p/w $1,795.02 $1,884.77 $1,979.01 $2,077.96 $2,181.85
p/h $49.86 $52.36 $54.98 $57.72 $60.61
Boom length up to and including 11
metres (including trainees)
p/w $1,803.85 $1,894.04 $1,988.74 $2,088.18 $2,192.59
p/h $50.11 $52.61 $55.24 $58.00 $60.90
Boom length over 11 metres and up
to 17 metres
p/w $1,885.99 $1,980.29 $2,079.30 $2,183.27 $2,292.43
p/h $52.40 $55.01 $57.77 $60.65 $63.69
Boom length over 17 metres and up
to 23 metres
p/w $1,939.70 $2,036.68 $2,138.52 $2,245.44 $2,357.71
p/h $53.89 $56.58 $59.41 $62.38 $65.50
Boom length over 23 metres and up
to 28 metres
p/w $2,002.88 $2,103.02 $2,208.17 $2,318.58 $2,434.51
p/h $55.63 $58.41 $61.33 $64.40 $67.62
Unit equipped with underbridge unit
p/w $2,002.88 $2,103.02 $2,208.17 $2,318.58 $2,434.51
p/h $55.63 $58.41 $61.33 $64.40 $67.62
I
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MOBILE CRANE CLASSIFICATIONS - RATES OF PAY
MOBILE CRANES
Level Occupations 1/07/2023 1/07/2024 1/07/2025 1/07/2026 1/07/2027
MC1 Rigger, Dogman, Truck Driver
p/w $1,945.57 $2,042.84 $2,144.99 $2,252.24 $2,364.85
p/h $54.04 $56.75 $59.58 $62.56 $65.69
MC2 Up to 20 tonnes
p/w $1,985.63 $2,084.92 $2,189.16 $2,298.62 $2,413.55
p/h $55.16 $57.91 $60.81 $63.85 $67.04
MC3 Over 20 tonnes and up to 60 tonne
p/w $2,040.07 $2,142.07 $2,249.17 $2,361.63 $2,479.71
p/h $56.67 $59.50 $62.48 $65.60 $68.88
MC4
Over 60 tonnes and up to 100 tonnes,
Dogman/Rigger with class HC Licence
p/w $2,094.12 $2,198.83 $2,308.77 $2,424.21 $2,545.42
p/h $58.17 $61.08 $64.13 $67.34 $70.71
MC5
Over 100 tonnes and up to 200 tonnes,
Intermediate Rigger, Trades Person
p/w $2,143.64 $2,250.82 $2,363.36 $2,481.53 $2,605.61
p/h $59.55 $62.52 $65.65 $68.93 $72.38
MC6 Over 200 tonnes and up to 300 tonnes
p/w $2,239.27 $2,351.24 $2,468.80 $2,592.24 $2,721.85
p/h $62.20 $65.31 $68.58 $72.01 $75.61
MC7 Over 300 tonnes and up to 400 tonnes
p/w $2,280.10 $2,394.10 $2,513.81 $2,639.50 $2,771.47
p/h $63.34 $66.50 $69.83 $73.32 $76.99
MC8 Over 400 tonnes and up to 500 tonnes
p/w $2,333.77 $2,450.46 $2,572.98 $2,701.63 $2,836.71
p/h $64.83 $68.07 $71.47 $75.05 $78.80
MC9 Over 500 tonnes and up to 600 tonnes
p/w $2,397.65 $2,517.54 $2,643.41 $2,775.58 $2,914.36
p/h $66.60 $69.93 $73.43 $77.10 $80.95
MC10 Over 600 tonnes and up to 700 tonnes
p/w $2,453.98 $2,576.67 $2,705.51 $2,840.78 $2,982.82
p/h $68.17 $71.57 $75.15 $78.91 $82.86
MC11
700 tonnes (+$1.59 for every 100 tonnes above
700 tonnes)
p/w $2,514.46 $2,640.18 $2,772.19 $2,910.80 $3,056.34
p/h $69.85 $73.34 $77.01 $80.86 $84.90
a) Where a Rigger/Dogman is assigned to a crane with a Crane Drive being paid at MC6 or MC7 the Rigger/Dogman will be paid at the
hourly rate of classifications MC5.
b) Where a Rigger/Dogman is assigned to a crane with a Crane Driver being paid at classification MC8 or above, the Rigger/Dogman will be
paid at the hourly rate of the classification two levels below the Crane Driver to a maximum of MC7.
I
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PILING CLASSIFICATIONS - RATES OF PAY
Level Occupations From 1/07/2023 1/07/2024 1/07/2025 1/07/2026 1/07/2027
CW7 Senior Supervisor
p/w $2,162.38 $2,270.50 $2,384.02 $2,503.23 $2,628.39
p/h $60.06 $63.06 $66.22 $69.53 $73.00
CW6 Working Supervisor
p/w $2,072.37 $2,175.99 $2,284.79 $2,399.03 $2,518.98
p/h $57.56 $60.44 $63.46 $66.63 $69.97
CW5 Junior Supervisor
p/w $1,982.22 $2,081.33 $2,185.40 $2,294.67 $2,409.40
p/h $55.06 $57.82 $60.71 $63.74 $66.93
CW4
Senior Foundation
Operator (SFO)
p/w $1,904.25 $1,999.46 $2,099.43 $2,204.41 $2,314.63
p/h $52.89 $55.53 $58.31 $61.23 $64.29
CW3
Foundation Operator
(FO)
p/w $1,848.97 $1,941.41 $2,038.49 $2,140.41 $2,247.43
p/h $51.37 $53.93 $56.63 $59.46 $62.44
CW3
Foundation Labourer -
Skilled (FSL)
p/w $1,848.97 $1,941.41 $2,038.49 $2,140.41 $2,247.43
p/h $51.37 $53.93 $56.63 $59.46 $62.44
CW2
Foundation Labourer 2
(FL2)
p/w $1,774.93 $1,863.68 $1,956.86 $2,054.70 $2,157.44
p/h $49.31 $51.77 $54.36 $57.08 $59.93
CW1
Foundation Labourer 1
(FL1)
p/w $1,708.50 $1,793.92 $1,883.62 $1,977.80 $2,076.69
p/h $47.45 $49.82 $52.31 $54.93 $57.68
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Allowances
This below allowance table is applicable to clause 28.5, 28.6 and 28.7 only. It provides details of allowances
relating to specialist occupations in the construction industry outlining indicative CFMEU industry rates of pay:
ALLOWANCE TITLE
From From From From From From
Commencement 1/07/2023 1/07/2024 1/07/2025 1/07/2026 1/07/2027
Acid work $2.59 $2.72 $2.86 $3.00 $3.15 $3.31
Asbestos $1.24 $1.30 $1.37 $1.44 $1.51 $1.58
Asbestos eradication $3.18 $3.34 $3.51 $3.68 $3.87 $4.06
Bagging $0.90 $0.95 $0.99 $1.04 $1.09 $1.15
Bitumen $1.24 $1.30 $1.37 $1.44 $1.51 $1.58
laying or lifting other than standard
bricks Over 5kg but under 9kg
$0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Over 9kg but under 18kg $1.77 $1.86 $1.95 $2.05 $2.15 $2.26
18kg and over $2.47 $2.59 $2.72 $2.86 $3.00 $3.15
Certificate allowance $0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Cleaning down brickwork $0.91 $0.96 $1.00 $1.05 $1.11 $1.16
Cold work $0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Computing quantities $7.08 $7.43 $7.81 $8.20 $8.61 $9.04
Confined spaces $1.24 $1.30 $1.37 $1.44 $1.51 $1.58
Cutting tiles $1.24 $1.30 $1.37 $1.44 $1.51 $1.58
Delegate Allowance $2.39 $2.51 $2.63 $2.77 $2.91 $3.06
Dirty work $0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Dry polishing of tiles $1.24 $1.30 $1.37 $1.44 $1.51 $1.58
Explosive power tools $2.32 $2.44 $2.56 $2.69 $2.82 $2.96
First-aid attendant (minimum
qualification) per day
$4.15 $4.36 $4.58 $4.80 $5.04 $5.30
Higher first aid cert. (per day) $6.55 $6.88 $7.22 $7.58 $7.96 $8.36
Furnace work $2.57 $2.70 $2.83 $2.98 $3.12 $3.28
Higher work- Painting trades $0.91 $0.96 $1.00 $1.05 $1.11 $1.16
Hot work between 46-54 Degrees
Celsius
$0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Health and Safety Representative
Allowance
$2.39 $2.51 $2.63 $2.77 $2.91 $3.06
Exceeding 54 degrees $1.24 $1.30 $1.37 $1.44 $1.51 $1.58
Insulation $1.24 $1.30 $1.37 $1.44 $1.51 $1.58
Laser user and allowance (per day) $4.06 $4.26 $4.48 $4.70 $4.93 $5.18
Living away from home allowance
(per day)
$83.03 $87.18 $91.54 $96.12 $100.92 $105.97
Return trip transport Employee/tools
(per return trip)
$33.06 $34.71 $36.45 $38.27 $40.18 $42.19
Leading hand not more than 1 $0.76 $0.80 $0.84 $0.88 $0.92 $0.97
Leading hand 2 and not more than 5 $1.65 $1.73 $1.82 $1.91 $2.01 $2.11
Leading hand 6 and not more than 10 $2.10 $2.21 $2.32 $2.43 $2.55 $2.68
Leading hand more than 10 $2.79 $2.93 $3.08 $3.23 $3.39 $3.56
Meal allowance (per instance) $20.34 $21.36 $22.42 $23.55 $24.72 $25.96
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ALLOWANCE TITLE
From From From From From From
Commencement 1/07/2023 1/07/2024 1/07/2025 1/07/2026 1/07/2027
Multi-storey (Height):
commencement to 15th floor
$1.38 $1.45 $1.52 $1.60 $1.68 $1.76
Multi-storey (Height): 16th to 30th $1.64 $1.72 $1.81 $1.90 $1.99 $2.09
Multi-storey (Height): 31st to 45th $2.55 $2.68 $2.81 $2.95 $3.10 $3.25
Multi-storey (Height): 46th to 60th $3.30 $3.47 $3.64 $3.82 $4.01 $4.21
Multi-storey (Height): 61st and
onwards
$4.03 $4.23 $4.44 $4.67 $4.90 $5.14
Plaster or composition spray $0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Power Tools $0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Roof repairs $0.90 $0.95 $0.99 $1.04 $1.09 $1.15
Roof repairs over 15 metres eaves
pitch over 35 degrees
$1.24 $1.30 $1.37 $1.44 $1.51 $1.58
Roof repairs over 15 metres eaves
pitch over 40 degrees
$1.76 $1.85 $1.94 $2.04 $2.14 $2.25
Second hand timber (per day) $3.84 $4.03 $4.23 $4.45 $4.67 $4.90
Slushing $0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Spray application- Painters $0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Swing scaffold (including Bosuns
Chair) first 4 hours 0-15 storeys
$7.08 $7.43 $7.81 $8.20 $8.61 $9.04
Swing scaffold (including Bosuns
Chair) after 4 hours 0-15 storeys
$1.48 $1.55 $1.63 $1.71 $1.80 $1.89
Swing scaffold (including Bosuns
Chair) first 4 hours 16-30 storeys
$9.11 $9.57 $10.04 $10.55 $11.07 $11.63
Swing scaffold (including Bosuns
Chair) after 4 hours 16-30 storeys
$1.92 $2.02 $2.12 $2.22 $2.33 $2.45
Swing scaffold (including Bosuns
Chair) first 4 hours 31-45 storeys
$10.78 $11.32 $11.88 $12.48 $13.10 $13.76
Swing scaffold (including Bosuns
Chair) after 4 hours 31-45 storeys
$2.27 $2.38 $2.50 $2.63 $2.76 $2.90
Swing scaffold (including Bosuns
Chair) first 4 hours 46-60 storeys
$17.66 $18.54 $19.47 $20.44 $21.47 $22.54
Swing scaffold (including Bosuns
Chair) after 4 hours 46-60 storeys
$3.71 $3.90 $4.09 $4.29 $4.51 $4.74
Swing scaffold (including Bosuns
Chair) first 4 hours greater than 60
storeys
$22.52 $23.65 $24.83 $26.07 $27.37 $28.74
Swing scaffold (including Bosuns
Chair) after 4 hours greater than 60
storeys
$4.73 $4.97 $5.21 $5.48 $5.75 $6.04
Tool Allowance: Artificial
stoneworker, Stonemason, Carpenter
and/or Joiner, Carver, Letter cutter,
Marble and Slate Employee, Marker
and Setter Out, Plumber, Special
Class Tradesperson
$2.45 $2.57 $2.70 $2.84 $2.98 $3.13
Tool Allowance: Caster, Fixer, Floor
layer specialist, Plasterer, Tiler
$2.10 $2.21 $2.32 $2.43 $2.55 $2.68
Tool Allowance: Bricklayer,
Waterproofer
$1.83 $1.92 $2.02 $2.12 $2.22 $2.34
Tool Allowance: Roof Tilers, Slate
Ridge, or Roof Fixer
$1.40 $1.47 $1.54 $1.62 $1.70 $1.79
Tool Allowance: Scaffolder, Rigger,
Steelfixer, Concreter
$0.90 $0.95 $0.99 $1.04 $1.09 $1.15
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Page 78 of 101
ALLOWANCE TITLE
From From From From From From
Commencement 1/07/2023 1/07/2024 1/07/2025 1/07/2026 1/07/2027
Tool Allowance: Painter, Glazier,
Licensed Drainer, Signwriter
$0.80 $0.84 $0.88 $0.93 $0.97 $1.02
Towers allowance $0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Toxic substances working in close
proximity
$1.24 $1.30 $1.37 $1.44 $1.51 $1.58
Toxic substances (working with) $0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Underground allowance (per week) $21.02 $22.07 $23.17 $24.33 $25.55 $26.83
Underground allowance (per day or
shift or part thereof)
$4.23 $4.44 $4.66 $4.90 $5.14 $5.40
Wet concrete or campo $0.90 $0.95 $0.99 $1.04 $1.09 $1.15
Wet work $0.99 $1.04 $1.09 $1.15 $1.20 $1.26
Transfers during working hours (per
Km)
$1.44 $1.51 $1.59 $1.67 $1.75 $1.84
*Please note all allowances are listed by hourly rate unless noted otherwise.
Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023–2027
Page 79 of 101
Appendix 5 – Travel Allowance Explanatory Diagram
DISTANT WORK LAFHA ZONE 3 ZONE 2 ZONE 1 50km NOMINATED OFFICE @ 100km As defined in cl. 37 150km
Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023–2027
Page 80 of 101
Appendix 6 - Hours Of Work Explanatory Diagram
Shift type Shift work Timeframe
4am Garn 6pm 8pm
Standard No
Early start No ◄·nh►ffi::ii:\li:fiHl·ii:!Mlii&iiifiH♦
Late finish No
Pre-4am start Yes
Post-8pm finish Yes
Shift type Shift work Timeframe 4am 6am 6pm 8pm Standard No Payment in accordance with Clause 38 Early start No DOUBLE TIME Payment in accordance with Clause 38 Late finish No Payment in accordance with Clause 38 DOUBLE TIME Pre-4am start Yes DOUBLE TIME Post-8pm finish Yes DOUBLE TIME
Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023–2027
Page 81 of 101
Appendix 7 – RDO Calendars
2012.3 RD O CAUJN DAR
J1111u11i;y Fdlru11 ry MIIKII,
s Ml 'T '"" 'T F s :s Ml T '" T F :s :s M ' w 'i IF s
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Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023–2027
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Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023–2027
Page 83 of 101
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Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023–2027
Page 84 of 101
Appendix 8 – Impairment Policy
1. PRINCIPLES
1.1. The health, wellbeing and safety of employees are of paramount importance to the
employer, employees and their Unions. This policy is part of a broad work, health and
safety (WHS) program to secure the highest level of health and safety in the workplace.
1.2. The policy adopts a WHS approach that involves identifying, assessing and controlling all
workplace hazards, using the hierarchy of control, and then reviewing these controls to
ensure ongoing improvements.
1.3. The focus of this policy is on the WHS risks associated with impairment and should be
read in conjunction with other company policies concerning health and safety,
particularly in relation to fatigue management, risk management and safe systems of
work.
1.4. This policy has been compiled in a manner that is non-punitive and supportive of
employees. This policy shall not be used in a discriminatory manner. Anti-Discrimination
Law protects against discrimination on the basis of addiction and may also protect against
discrimination on the basis of impairments caused by drug and alcohol addiction or use.
1.5. The policy and procedures adopt a peer based intervention approach based on fairness
and equity for all employees.
2. SCOPE
2.1. This policy will apply to all employees (including managers and supervisors), contractors
and labour hire staff. The policy applies to these groups at all times when they are
engaged in company business, whether on or off site and when driving company vehicles.
3. STRUCTURE
The Impairment Policy is categorised in order with the intended implementation:
3.1. Training & Awareness
(a) Extensive research has shown training and awareness of impairment related issues
provides the most effective means of behavioural change and encourages better
decision making. The two types of training in accordance with this policy to do this are:
(i) Workplace Impairment Training (WIT) - all workers onsite will do this training;
(ii) Preliminary Impairment Assessment (PIA) - HSRs, delegates and the PC’s safety
staff will undertake this training.
3.2. Testing
Testing for drugs and alcohol is used to support and measure the results of the education
and awareness program.
3.3. Support Services
Rehabilitation, counselling and EAPs. Support is strictly non-punitive, and can be accessed
at anytime (self-identification of the need for help is strongly encouraged).
4. OBJECTIVES
4.1. The objectives of this policy are as follows:
(a) To provide a safe and healthy working environment for all workers;
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(b) To work collaboratively in the implementation and co-ordination of this policy with
employees, employers and their elected representatives to achieve the objectives of this
policy;
(c) To eliminate and control risks which may lead to impairment affecting health and safety
in the workplace;
(d) To ensure that there is a mechanism for managing impairment at work that is
transparent, objective and in accordance with the purpose of this policy;
(e) To ensure that all persons are provided with adequate information and education on the
health and safety issues surrounding impairment, and on the operation of this policy;
(f) To ensure that employees have access to rehabilitation, support and counselling of their
choice on a voluntary basis that is independent, professional and confidential, without
jeopardising their employment;
(g) To ensure confidentiality of information concerning the application of this policy to a
worker is maintained.
5. RESPONSIBILITIES
5.1. The employer shall:
(a) Provide a work environment that is safe and without risks to health and safety;
(b) Provide information about the testing requirements to all existing employees,
contractors and labour hire staff and to all new staff at the point of induction;
(c) Ensure that this policy is implemented fairly and equitably across all sections of the
workforce;
(d) Comply with the four policy implementation steps outlined below;
(e) Have adequate resources (e.g., a room that allows for confidential impairment
assessments to be discussed, if necessary, suitable transport to safely remove impaired
employees from the workplace to be able to meet the objectives of this policy.
5.2. Employees shall:
(a) Co-operate reasonably with the employer in the implementation of this policy;
(b) If any employee reasonably believes that any person on the site may be a health and
safety risk to themselves or others they should inform their employer and their relevant
Preliminary Impairment Assessor (PIA) of this belief;
(c) Not possess, consume, or be under the influence of, alcohol or other drugs while
working;
(d) Ensure that they do not work, if they believe that they may be impaired;
(e) Consult their doctor or pharmacist about possible side effects of using prescribed or
over-the-counter medication;
(f) Inform their employer and their Preliminary Impairment Assessor (PIA) if they have been
made aware by their treating doctor or pharmacist of possible impairment as a side
effect of medication, or if they feel impaired by medication.
6. POLICY IMPLEMENTATION WILL INVOLVE THE FOLLOWING STEPS.
6.1. PC/Employer and Union shall agree on a policy start date.
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6.2. Engagement of an agreed training and rehabilitation/treatment service providers.
6.3. Provision of on-going Workplace Impairment Training (WIT) and Preliminary Impairment
Assessors training (PIA).
6.4. Ongoing promotion of this policy
6.5. A purpose of the policy and procedure is to provide protocols and procedures for
workplace alcohol and other drug testing that are evidence-based, consistent with best
practice, comply with relevant Australian Standards, and contribute to workplace safety
and worker wellbeing.
6.6. The following drug and alcohol testing programs will be adopted:
(a) Self-testing;
(b) Random Shift testing;
(c) For-cause testing;
(d) Post-incident testing;
(e) Reasonable concern testing;
(f) Testing of Minors.
6.7. Any employee who is assessed as being impaired shall be advised to contact the
rehabilitation/treatment provider.
6.8. The employee will be permitted to access personal leave in the first instance and then
take accrued personal leave entitlements for the period of time they are accessing the
treatment provider.
6.9. With the endorsement/acceptance of the Impairment Policy the Principle Contractor (PC)
will undertake to not pass the implementation and cost of drug and alcohol testing to its
subcontractors.
6.10. It will also ensure compliance with this policy as follows:
(a) Subcontractors will be contractually required to comply with this procedure as a
condition of contract/EBA;
(b) All direct employees of the PC as a condition of their employment must agree to adhere
to the terms and conditions of the impairment policy.
6.11. Notwithstanding anything else contained in the policy, the costs of all testing contained
within this policy shall be borne by the PC unless otherwise specified in this document.
7. DEFINITION OF A WORKER
7.1. Anyone who carries out work for a Person Conducting a Business or Undertaking, such
as:
(a) an employee (either salaried or wages);
(b) a contractor or subcontractor;
(c) an employee of a contractor or subcontractor;
(d) an employee of a labour hire company;
(e) an apprentice or trainee;
(f) a student gaining work experience;
(g) an outworker;
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(h) a volunteer;
(i) a visitor to a workplace.
8. TRAINING
8.1. The training provider shall be the Workplace Impairment Officer or other agreed provider
between the Union and the PC/employer. Impairment awareness training sessions will
be delivered to all workers (including principle contractor workers), sub-contractors and
labour hire workers at least once every two years.
8.2. In addition to the below training course outlines, principal contractors will be required to
develop a site specific information session to be delivered as part of the site induction
outlining their Drug and Alcohol testing procedures for the site.
8.3. The below requirements will be audited on an annual basis. Requirements for an
approved training provider:
(a) Must have previous experience delivering Workplace Impairment Training;
(b) Must consult with professional organisations to develop all training courses;
(c) Must be able to demonstrate a continuous improvement plan for each training course.
8.4. Trainers must have the following qualifications:
(a) Cert IV in WHS;
(b) Cert IV in Training and Assessing (TAE);
(c) Nationally Accredited Course in On-Site Drug and Alcohol Testing;
8.5. All training must be delivered Face to Face (F2F).
8.6. Workplace Impairment Training (WIT)
(a) WIT course must be a minimum of (2) hours in length and must cover the following
topics:
(i) Australian Workplace Health and Safety construction statistics;
(ii) Overview of the Workplace Health and Safety Act, state specific;
(iii) Mental Health - discussing at length stress, anxiety and depression;
(iv) Fatigue - overview of causes and coping mechanisms;
(v) Illness and Injury - management of illness and injury, legal requirements and
rehabilitation process;
(vi) Chemicals, Heat, Cold, and Noise and their abilities to cause impairment at work;
(vii) Legal/Illegal Drugs and Alcohol - statistics on current usage, potential negative
consequences to the workplace, workplace deaths and accidents associated with
drug and alcohol use;
(viii) Harm related to drug and alcohol use;
(ix) Understanding what is a standard drink and how long this will stay in your system;
(x) Detection rates for illegal drugs;
(xi) Administering self-alcohol and drug tests;
(xii) Information about EAP and the services they offer.
8.7. Preliminary Impairment Assessor (PIA)
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(a) PIA training must be a minimum of (4) hours in length and must cover the following
topics:
(i) Understanding the signs of impairment;
(ii) Conflict resolution;
(iii) Skills to conduct an impairment Assessment;
(iv) Overview of what a PIA is;
(v) What are possible impairment factors;
(vi) Causes and symptoms of impairment;
(vii) Investigative skills.
(a) Training is not to be conducted in a lunchroom, unless there are multiple lunchrooms on
site and:
(i) the training session will not interfere with workers wanting to use the room for
smoko or lunch; or
(ii) the training session will not be interfered with by workers wanting to use the room
in general.
8.8. No worker can be tested for drugs and/or alcohol unless they have been trained in this
policy.
9. TESTING METHODS
9.1. Alcohol Testing Method
Alcohol testing must only be done by use of an Accredited Breath Test device. The device
must be calibrated and meet the minimum requirements of AS3547.
9.2. Drug Testing Method
Drug testing may only be performed by oral fluid testing;
9.3. The equipment used to perform the test shall be used, tested and calibrated to the
manufacturer’s instructions and certified to AS 4760 (Process for specimen collection and
the detection and quantitation of drug in oral fluid);
(a) The drug testing shall be conducted by an accredited person, following all of the chain
of custody provisions;
(b) The test must be performed in accordance with AS 4760 (Procedures for specimen
collection and the detection and quantitation of drugs in oral fluid).
9.4. As part of this policy with regards to Drug and Alcohol testing the following substances
must be tested for:
(a) Alcohol;
(b) Opiates;
(c) THC;
(d) Cocaine;
(e) Benzodiazepines;
(f) Amphetamine; and
(g) Methamphetamine
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10. TESTING PROVIDER
10.1. Must be NATA Accredited.
10.2. Must have accreditation AS4760:2006 Procedures for specimen collection and the
detection and quantitation of drug abuse in oral fluid.
10.3. Must be agreed upon by the PC/Employer and the Union.
10.4. Minimum standards that the testing company must meet are as follows:
(a) competent and trained staff;
(b) appropriate equipment and instruments;
(c) proper management and storage of test kits and reagents;
(d) secure and controlled storage and management of samples;
(e) comprehensive record keeping; and
(f) clear and precise reporting.
10.5. Before the Authorised Testing Agent is engaged to be the sample collector for the
principle contractor all relevant stakeholders must be engaged to make sure there is no
conflict of interest and that they are totally independent. If a conflict of interest exists, or
should arise, the Authorised Testing Agent must report it immediately.
11. ROOM REQUIREMENTS
11.1. Each workplace shall have a room nominated for use to undertake drug and alcohol
testing consistent with this procedure. This room will not normally be the first aid room
at a workplace unless a workplace has multiple first aid rooms and the use of a first aid
room for the purpose of drug and alcohol testing will not affect the ability of the
workplace to respond to a first aid incident.
11.2. The room selected for use must so far as reasonably practicable:
(a) Provide privacy for the Worker being tested including but not limited to:
(i) Have a closing door;
(ii) Not allow for casual visual observation of the testing process by other Workers
external to the room e.g. through glass windows;
(iii) Not allow conversations to be casually overheard by other workers;
(b) Be clean and hygienic;
(c) Be free from interruption whilst testing is being undertaken;
(d) Include discrete entry and exit.
12. TESTING REQUIREMENTS -
12.1. Workplaces -
12.2. On workplaces where the value of the Commonwealth’s contribution to the project that
includes the building work is at least $5,000,000, and represents at least 50% of the total
construction project value or the Commonwealth’s contribution to the project that
includes the building work is at least $10,000,000 (irrespective of its proportion of the
total construction project value) the following minimum testing requirements must be
adhered to.
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12.3. Alcohol - on the day of testing all workers onsite shall be required to submit a breath
sample i.e. blanket testing.
12.4. Drugs -As a minimum, frequent periodic testing (at least once per month where required
by law, at intervals required by the client or by mutual agreement by the PC/employer
and the Union) of the workforce (both construction Workers and site office Workers) will
be as follows:
(a) where there are less than 30 Workers at a workplace – at least 10% of the workforce;
(b) where there are 30 to 100 Workers at a workplace – a minimum of 5 Workers; and
(c) where there are greater than 100 Workers at a workplace – a minimum of 10 Workers;
(d) The frequency of testing and the number of workers selected shall be increased in line
with the escalation below where test results meet the criteria indicated:
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Number of Workers Criteria Action
Less than 30
workers at a
workplace
Confirmed positive results in 2 consecutive
tests at the same workplace
Testing of 20%
of workforce
30-100 workers at a
workplace
Confirmed positive results for 3 or more
workers in 2 consecutive testing rounds at the
same workplace
Testing of 10
workers
Greater than 100
workers
Confirmed positive results for 6 or more
workers in 2 consecutive testing rounds at the
same workplace
Testing of 20
workers
12.5. The increased testing requirements shall continue until no Confirmed Positive test results
are recorded for 2 consecutive testing periods.
12.6. Other jobs
On jobsites/workplaces where there is no Commonwealth contribution testing frequency
will be agreed upon by mutual consent by the PC/Employer and the Union. Testing
requirements will remain the same for all jobsites.
13. PRESCRIBED MEDICATIONS
13.1. Workers that are taking Prescribed Drugs or Pharmacy Only Drugs that they believe could
register a positive test result should inform the Authorised Testing Agent prior to
undergoing any requested test
13.2. If a Worker fails to declare that they are taking Prescribed Drugs or Pharmacy Only Drugs
before being tested and they record a Non Negative Result Initial Test result, a post test
declaration will not be considered relevant to the result and the Worker will be excluded
from duty for the remainder of the shift, subject to a Confirmatory Test.
13.3. Workers who record a Non Negative Result Initial Test result will be excluded from their
work duties and the workplace until a Confirmatory Test result has been received.
13.4. If that confirmatory result is a Positive Result Confirmatory Test, then:
(a) The terms and conditions of the applicable industrial agreement shall be observed in
relation to consultation and consequence management action.
13.5. When a confirmatory test result is negative or the result recorded is less than the target
level or is consistent with a level expected from therapeutic use of a Prescribed Drug or
Pharmacy Only Drug, which was advised by the Worker, then the test result shall be
considered a Negative Result Initial Test for the purpose of any consequence
management action
13.6. Where a Worker is excluded from the workplace as a result of a Non Negative Result
Initial Test for Drugs and the confirmatory test is positive for a Pharmacy Only or
Prescription Drug, the following factors would normally be considered in deciding when
it is appropriate to allow a worker to return to the workplace and/or return to normal
duties:
(a) Whether the worker declared the medication during the pre-test interview with the
Designated Collector or Authorised Testing Agent;
(b) The level of the medication detected is consistent with therapeutic use;
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(c) Written advice from the worker’s doctor advising that the medication is required to treat
a medical condition; and
(d) The medication will not affect the worker’s ability to perform the inherent requirements
of their job - i.e. they are fit for work.
14. SPECIAL CIRCUMSTANCES FOR PRESCRIPTION MEDICATION
14.1. A Worker participating in a treatment plan for a medical condition, managed by a
Registered Medical Practitioner and involving a Prescribed Drug/Only Drug could result
in a Non Negative Result Initial Test if they are selected for Drug and Alcohol testing.
14.2. If in the above circumstance a Non Negative Result Initial Test occurs, and provided that
the Worker has:
(a) Declared their use of the Prescribed Drug/Pharmacy Only Drug in a letter less than 12
months old from a registered medical practitioner before the commencement of testing;
and
(b) Declared their use of the Prescribed Drug/Pharmacy Only Drug to the Authorised Testing
Agent or Designated Collector before the commencement of testing;
(c) Then the Non Negative Result Initial Test result shall be recorded at the workplace and
a second sample of oral fluid shall be taken and sent for confirmatory testing. The worker
shall be allowed to remain at work but must be precluded from high risk construction
work activity until the result of the confirmatory test is known.
14.3. Where the results of the confirmatory test identify the Prescribed Drug/Pharmacy Only
Drug declared and the levels are consistent with that prescribed by the prescribed
medical practitioner, then a Negative Result shall be recorded and no results retained.
14.4. Where the results of the confirmatory test identify the Prescribed Drug/Pharmacy Only
Drug declared and the levels are not consistent with that prescribed by the Registered
Medical Practitioner or another drug(s) type is recorded then a positive result
confirmatory test shall be recorded.
14.5. Where the Worker has not provided both declarations contained within this part then
the Worker shall be excluded from the workplace until the results of the confirmatory
test are known.
15. TESTING RESULTS
15.1. Alcohol
(a) A worker who returns a negative alcohol test will be allowed to return to work with no
record of the test kept. A worker who returns a positive result for alcohol (above
0.00mg/ml) will be deemed not fit work and will not be permitted to return to work;
(b) When a worker tests positive to alcohol in their system the workers blood alcohol
concentration (BAC) may be decreasing or it may be increasing. In the interests of safety
the Workers will be directed to remain within the testing vicinity and they will be re-
tested no sooner than 60 minutes after the original test;
(c) If the second test result is 0.000% the test will be regarded as negative and the Worker
may return to normal duties. A Positive Result Confirmatory Test will not be recorded in
these circumstances;
(d) If the later confirmatory test indicates a BAC of greater than 0.000% a Positive Result
Confirmatory Test will be recorded;
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(e) Alcohol testing shall be carried out by an Authorised Testing Agent agreed upon by the
PC/Employer and the Union. The following steps shall be undertaken:
(i) Details of the identity of the Worker to be tested shall be recorded including the
workplace name, work area and their employer will be listed on a drug and
alcohol testing record form by the independent Authorised Testing Agent:
(ii) Workers with a BAC of greater than zero (greater than 0.000%) shall discontinue
any work activities and shall be directed to undertake a second test sixty (60)
minutes after the first test and the results recorded on a Drug and Alcohol Testing
record Form by the independent Authorised Testing Agent:
(iii) Where the second test indicates a level greater than 0.00% BAC the Worker will
be further excluded from work duties for the remainder of the shift;
(iv) Where a Worker is to be sent home using their own transport this shall only be
permitted if the blood alcohol concentration test result is below that prescribed
by applicable road transport legislation and has been determined as not rising
for that Worker.
(v) Note: If the Worker’s blood alcohol concentration result is greater than or equal
to 0.05% BAC, all reasonable assistance is to be afforded to ensure an affected
Worker can make their way from the Workplace to a safe location without harm
(e.g. taxi, lift from a friend or Supervisor).
(vi) Contractors will be responsible for the management/arrangements for their
employees in accordance with their own employment arrangements.
(vii) Any Worker that is excluded from work duties for the remainder of a shift or sent
home, must, before commencing work for their next shift undertake an alcohol
breath test prior to commencing that shift. If the results are negative
(0.00mg/ml) the Worker shall be allowed to commence work. If the Worker
returns a positive test they will not be allowed to commence work, hence page
12 of this document, 15.1 Alcohol- d) will apply.
15.2. Drugs
(a) A worker who returns a negative test will be allowed to return to work. A worker who
returns a non-negative test result from their initial test (equal to or above the relevant
cut-off levels of the substances referred to in AS 4760) will be deemed not fit for work
and will not be allowed to return to work. (Benzodiazepine level to be provided by the
prescribed testing laboratory);
(b) Drug testing will be administered by the collection and analysis of an oral fluids specimen
(saliva). Before conducting a drug test, the process used by the independent Authorised
Testing Agent must be explained to the Worker providing the saliva sample;
(c) Collecting and testing of saliva specimens shall be carried out by an Authorised Testing
Agent, agreed upon by the PC/Employer and the Union, and confirmatory testing is to
be carried out by a NATA accredited laboratory;
(d) A Confirmatory Test will be required where a Non Negative Result Initial Test is recorded
at the initial test. The handling of specimens taken for confirmatory testing is detailed in
the process used by the Authorised Testing Agent and must be completed to Australian
Standards;
(e) Any worker attending the workplace under the influence of drugs or alcohol will be
prohibited from entry. A worker returning to the workplace following their exclusion for
a Positive Result Confirmatory test will be required to submit to a drug and alcohol test
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prior to commencing work and receive a Negative Result Initial Test for Drugs or Alcohol
prior to commencing work.
16. FORMS OF TESTING
16.1. Self-Testing
(a) The PC/Employer shall be required to provide sufficient self-testing facilities for alcohol
and/or drugs for up to 10% of the workforce;
(b) Where self-test facilities are made available voluntary or self-testing for alcohol will be
available for Workers prior to presenting for work. A wall mounted breathalyser
(optional) will be located in an area that provides for discrete privacy for the worker,
whilst completing the test so the test results cannot be inadvertently observed and
disclosed to other parties;
(c) A Worker undertakes self-testing at his/her own accord; therefore, no test details are
recorded. However, all Workers have obligations under the Work Health and Safety Act
or equivalent occupational health and safety or occupational safety and health
legislation in other States or Territories and must not wilfully place at risk their health
and safety or the health and safety of other Workers or people at the workplace by
commencing work if they believe they’re impaired.
16.2. Random Shift Testing
(a) In terms of Random Shift Testing it is in imperative that the PC/Employer and the Union
do not know on what day, or at what time the Authorised Testing Agent will conduct the
tests;
(b) It is a condition of entry for all Workers at any workplace to comply with any request to
participate in random Drug and Alcohol testing as a condition of employment or
contract. This means that all Workers attending or seeking to attend a workplace will be
eligible for testing;
(c) Testing for Alcohol or other Drugs for Workers shall be mandatory and will be
undertaken at any time throughout the Worker’s hours of work (including overtime) or
at any time whilst at the workplace;
(d) Individual Workers will be selected for drug testing using a simple random selection
process. A random draw will be conducted using an Authorised Testing Agent
independent software to randomise the selection of Workers for testing;
(e) The random selection process includes the selection of Workers from across the entire
workplace subject to the testing;
(f) A Worker selected for testing will be required to present themselves for testing within a
reasonable time. Random shift testing shall be conducted in a room which provides for
privacy for the selected worker during testing; the requirements for this room are
outlined in the Room Requirements section of this policy.
16.3. For Cause Testing
(a) An employer/supervisor may only request an employee to undertake for cause testing
if:
(i) The employee 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 themselves or other individual(s);or
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(ii) Participation in a relevant and specific industry focus area when the worker is
undertaking High Risk Work as identified by the employer and consistent with OHS
legislation. Workers will be selected for testing using a random selection process
nominated by the employer following a consultation process in line with OHS
legislation.
16.4. Post Incident Testing
(a) After the occurrence of a significant incident/event at a workplace, all Workers involved
in the incident may be required to undergo an initial Drug and Alcohol test.
(b) Where a Worker(s) is to be tested following a significant incident/event they shall be
supervised by an Employer Representative and Employee Representative continually
from the time of the incident until they have completed all testing required.
(c) Post Incident Testing will be conducted as soon as practical after the incident/event and
when it is safe to do so.
(d) An injured Worker who requires immediate medical attention may only be tested when
it is appropriate and safe to do so. This will be determined by the Construction Manager,
the HSR, Delegate and the relevant PIA in consultation with the attending medical
practitioner. In such cases, where testing can be conducted while under medical care, a
saliva testing process will be used.
16.5. Reasonable Concern Testing
(a) An employer may only request an employee to undertake reasonable concern testing if
the following criteria are met:
(i) An observable phenomena occurs, which is:
a. the direct observation of the employee of use of, and/or the physical
behavioural symptoms of being impaired by, alcohol; and/or
b. Unusual and/or inexplicable actions by the employee; or
(ii) There is evidence that the employee is involved in the use or possession of
alcohol and/or other drugs while working; or
(iii) The employee has breached safety precautions or procedures.
16.6. Testing of Minors
(a) A letter of consent contained within the work experience and student placement
procedure shall be signed by the parent or guardian of any worker who is a minor seeking
to access a workplace where the Impairment Policy is in place, as a condition of entry to
that workplace. Alternatively, an equivalent letter signed by the parent or guardian can
be provided through the minor’s employer/host employer.
(b) Where a minor is selected for testing and:
(i) A letter of consent is held, then the provisions of this procedure shall apply; or
(ii) Where a letter of consent is not held, every effort will be made to contact the
minor’s parents/guardians to get verbal consent to participate in the testing
procedure. If consent is given then the normal testing procedures will apply, if
contact cannot be made and/or consent is not given then the minor will be
excluded from any high risk activities or potentially excluded from site until
consent is given.
17. REFUSAL TO TEST
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17.1. If a Worker refuses to participate in workplace Drug and Alcohol testing the following will
apply:
(a) The Employer, will inform the Worker and the workers chosen representative, that the
refusal will have the same consequences as a non-negative result, i.e. that the employee
will be deemed to be unfit for work due to the presence of alcohol or drugs;
(b) If the worker still refuses, the Employer and the PIA, shall consult with the worker and
the workers chosen representative, regarding the requirements, process and
consequences of refusing to test and encourage them to partake in the test. This would
be the second request to be tested;
(c) 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 employee can make their way from the workplace to a safe
location without harm (i.e. taxi, lift from a friend or fellow worker). An agreed leave of
absence arrangement is to apply for the duration of their absence.
18. DISCIPLINARY ACTION
18.1. The following sets out the action which may be taken when a worker returns a confirmed
positive result to an alcohol or drug test.
18.2. First Occasion - A worker who has received a first confirmed positive test for alcohol or
drugs (other than by self-testing) will be:
(a) Required to attend the Support as referred to in this Policy;
(b) Informed of the consequences of testing positive and their obligations to present, or
remain in a fit state;
(c) Informed of further disciplinary action and testing requirements should they have a
confirmed positive result (alcohol or drug) within the next 12 months.
18.3. 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:
(a) Required to re-attend the Support as referred to in this Policy
(b) Required to participate in a rehabilitation program referred to in “Support” in this policy
(c) Informed of the consequences of testing positive and their obligations to present, or
remain in a fit state;
(d) Given a verbal warning with a diary entry placed on file; and
(e) Informed of further disciplinary action and testing requirements should they have a
confirmed positive result (alcohol or drug) within the next 12 months.
18.4. 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 disciplined under the Employer’s
disciplinary processes.
18.5. A worker who fails to attend EAP sessions may be disciplined under this policy in
accordance with principles of natural justice.
18.6. No disciplinary action will be taken in respect of positive test results from a self-test.
19. SUPPORT
19.1. The Principle Contractor (PC)/Employer will make available support to workers in respect
of drug and alcohol issues. This will include:
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(a) allowing access to any Union support programs; and
(b) provide an employer funded Employee Assistance Provider (EAP) to be available to
workers.
19.2. The worker will be allowed to access a Union support program and/or EAP counselling
during normal working hours and without loss of pay, or any form of employer
retribution.
20. SELF- DECLARATION
20.1. 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 this policy. In such cases the worker will be permitted to access personal
leave in the first instance, then accrued leave, and may return to work when fit for duty.
20.2. The worker may be suspended from any work, with pay, with immediate effect in order
for an assessment to be made of the duties they are able to perform safely and a drug
and alcohol test is to be taken as soon as reasonably practicable.
21. PRIVACY
21.1. Drug and Alcohol testing results shall remain confidential and will only be used for the
purpose of compliance with this Procedure in the manner required by the Privacy Act
1988 (Cth). Any information provided or declared by a Worker regarding:
(a) Prescribed Drug and Pharmacy Only Drug consumed;
(b) Medical conditions or the like;
(c) Their proposed return to the workplace following exclusion by this procedure;
21.2. Will also remain confidential and managed in accordance with the Privacy Act 1988 (Cth).
Similarly, where a Worker supplies information regarding the use, sale or supply of Drugs
or Alcohol at a workplace, unless the Worker otherwise agrees or as otherwise required
by law, the Worker’s identity will be kept confidential.
21.3. All Positive Results Confirmatory Test will be maintained on the relevant Worker’s
personnel records located at the workplace.
21.4. Protections from Worker Deoxyribonucleic Acid (DNA) misuse.
21.5. Workers selected for testing shall have their personal DNA protected by:
(a) In the case of unintended collection of a Worker’s DNA during the collection of an oral
saliva sample for an initial test, by the worker being offered the used collection cartridge
upon completion of the initial test.
(b) In the case of unintended collection of a Workers DNA during the collection of an oral
saliva sample for testing at a NATA approved laboratory for an initial Non Negative Result
Initial Test, by ensuring that the documentation that accompanies the collection
cartridge to the NATA approved laboratory does not include the workers name or address
but contains only that information sufficient to comply with AS4760 e.g. test report
number and date of birth.
21.6. These protections will be notified to Workers during training.
22. CONSULTATION
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22.1. If a party believes that an amendment to the impairment policy is required, they shall
request and organise a consultation meeting involving the Employer, the Union and any
other relevant stakeholders.
22.2. The attendees shall seek to reach agreement on any proposed amendments.
22.3. No amendments shall be implemented unless agreement is reached by the Employer, the
Union and the relevant stakeholders.
22.4. Employment Assistance Program (EAP)
The Employment Assistance Program (EAP) is an agreed independent, professional and
confidential service that aims to provide employees with assistance when affected by
personal or job related problems.
22.5. To have a successful Impairment Policy at the workplace, the Policy must address how
those at the workplace, including employees of the principal contractor, subcontractors
and their employees and others, will be required to comply with the Impairment Policy.
22.6. The below requirements will be audited on an annual basis of the employer:
(a) Must be able to provide EAP support in all States, Territories and regional areas of
Australia;
(b) Must outline in their Impairment Policy how workers who attend for work affected by
drugs or alcohol will be counselled and assisted, apart from any disciplinary process that
might apply;
(c) Must have a memorandum of understanding (MOU) with relevant stakeholders within
treatment support areas;
(d) Provide support for their workers and their immediate families;
(e) Must be able to provide treatment services which must include the following:
(i) General counselling;
(ii) Drug and Alcohol counselling;
(iii) Drug and Alcohol detoxification services;
(iv) Drug and Alcohol rehabilitation services;
(v) Case Management services;
(vi) Psychology services;
(f) Must have a history of delivering support services to the Building and Construction
Industry.
(g) Must be able to develop and implement a plan to promote the impairment policy within
the workplace.
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Appendix 9 – Audit Form
EMPLOYER NAME:
ABN NUMBER:
ADDRESS:
PRINCIPAL NAME:
PRINCIPAL TITLE:
WORKCOVER POLICY NUMBER:
Number of personnel:
Overtime 1½x
Overtime 2x
Base Hourly Rate
Fares & Travel
BUSSQ (Superannuation): □ Yes □ No
BERT: □ Yes □ No
BEWT: □ Yes □ No
CIPQ: □ Yes □ No
RDO Accrual: □ Yes □ No
Annual Leave: □ Yes □ No
Sick Leave: □ Yes □ No
PSLS: □ Yes □ No
Group Tax: □ Yes □ No
STATUTORY DECLARATION BY PRINCIPAL: I hereby state that the Employer has paid all of its
entitlements and legal obligations in accordance with the appropriate industrial instrument.
PRINCIPAL
AUTHORISED BY CPA/INSTITUTE OF CHARTERED ACCOUNTANTS
EMPLOYER NAME:
NAME OF ACCOUNTANT:
REGISTRATION DETAILS
AUTHORISATION STATEMENT: I have examined the time and wages records and hereby certify that
they are in accordance with the appropriate industrial instrument.
CERTIFIED PRACTISING ACCOUNTANT
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Appendix 10 - Calculation Of Superannuation
The rates as calculated under Superannuation in this Agreement have been calculated using the
agreed industry formula as follows:
Employer Contribution
12% of the sum of:
CW3 – Carpenters rate (36 hours);
Site allowance p/h ($50m project);
leading hand rate (2-5) p/h; and
fares and travel 5-day week.
Co-contribution
CW3 – Carpenters rate (36 hours);
Site allowance p/h ($50m project);
leading hand rate (2-5) p/h; and
fares and travel 5-day week.
Endorsement Of Agreement
Signed on behalf of Lendlease Construction Pty Limited and Lendlease Construction (Southern)
Pty Limited and Lend lease Construction (Queensland and Western Australia) Pty Limited
Name: 1""~- ·:fohl\So-{"l
Explanation of Authority:
Address:
Signature:
Date:
Position: e~ oJ. ~
c/-Level 14, Tower Three, lnternat;: ~ wers
I , 00 Barangaroo Avenue, Sydney
Signed on behalf of The Construction, Forestry and Maritime Employees Union and as the
bargaining representative for the Employees
Name: Jade Ingham
Explanation of Authority: Position: Divisional Branch Assistant Secretary of
The Construction, Forestry and Maritime
Employees Union, Construction and General
Division, Queensland Northern Territory Divisional
Branch.
Address:
Signature:
Date:
16 Campb II Street, Bowen Hills, QLD 4006.
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Endorsement Of Agreement Signed on behalf of Lendlease Construction Pty Limited and Lendlease Construction (Southern) Pty Limited and Lendlease Construction (Queensland and Western Australia) Pty Limited Name: Jerome Johnson Explanation of Authority: Position: General Manager Address: c/-Level 14, Tower Three, International Towers Exchange Place, 200 Barangaroo Avenue, Sydney NSW 2000 Signature: 29/02/24 Date: Signed on behalf of The Construction, Forestry and Maritime Employees Union and as the bargaining representative for the Employees Name: Jade Ingham Explanation of Authority: Position: Divisional Branch Assistant Secretary of The Construction, Forestry and Maritime Employees Union, Construction and General Division, Queensland Northern Territory Divisional Branch. Address: 16 Campbell Street, Bowen Hills, QLD 4006. Signature: Date: 1-3-24 Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023-2027 Page 101 of 101
