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37. Allowances – Living Away from Home Allowance
Advice Category
Compliant
Code Reference
Clause wording
Where reasonable board and lodging are not available, the Employer and the Union may agree to alternative arrangements.
Advice
Compliant
38. Purpose of Agreement
Advice Category
Compliant
Code Reference
Clause wording
Any existing employment conditions or entitlements that are superior to those contained in this Agreement will continue to apply unless otherwise agreed by the relevant employee and Employer, as long as such conditions are not inconsistent with the Building Code 2013.
Advice
Compliant
39. Purpose of Part B
Advice Category
Compliant
Code Reference
Clause wording
Any existing employment conditions or entitlements that are superior to those contained in this Agreement will continue to apply unless otherwise agreed by the parties. The Union will make the Employer aware of this clause and its effect at the time of entering into the agreement.
Advice
Compliant
40. Relationship to Parent Award
Advice Category
Compliant
Code Reference
Clause wording
The making of this Agreement does not affect existing above agreement payments and conditions of employment, unless the terms of this Agreement express that no other arrangements will apply.
Advice
Compliant
41. Relationship to awards, agreements, and other documents
Advice Category
Compliant
Code Reference
Clause wording
This Agreement is intended to be interpreted in conjunction with the Building and Construction General On-Site Award 2010, Mobile Crane Hiring Award 2010, and the terms of the Union Workplace Impairment Policy and Procedures (or other Policy with express written agreement between the Parties), QIRC Order (No B585 of 2003) Apprentices’ and Trainees’ Wages and Conditions (Excluding certain Queensland Government entities) 2003 as it was immediately prior to its rescission.
Where this Agreement is silent, the terms of the above documents as amended from time to time during their life, apply. Where there is conflict between a term of this Agreement and a term of the above documents, or a conflict between 2 terms of this Agreement, the higher wage outcome or other outcome more favourable to the Employee will apply.
Advice
Compliant
42. Employee Awareness
Advice Category
Compliant
Code Reference
Clause wording
All current Employees will be given a copy of this Agreement, along with all future Employees upon commencement. New Employees will be provided with the contact details of the delegate referred to in clause 32 of this Agreement.
Advice
Compliant
47. Counselling Procedure
Advice Category
Compliant
Code Reference
Clause wording
In the case of serious and wilful misconduct; the following procedure will be followed:
b. The Employee will be entitled to have a person or persons of his or her choice, which may or may not include a Union delegate or Union organiser, in attendance (subject to compliance with lawful right of entry requirements);
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Advice
Compliant
48. Delegates
Advice Category
Compliant
Code Reference
Clause wording
27.2.1 The Company shall recognise an Employee who is authorised by the Union to act a delegate covered by this Agreement.
Advice
Compliant
49. Dispute Resolution Procedure
Advice Category
Compliant
Code Reference
Clause wording
Union members are entitled to be represented by their union at every stage of this process. Employees who are not union members may also choose to be represented. Each party shall recognise the others representative for all purposes involved with the resolution of the dispute.
Advice
Compliant
52. Employee and OHS Representatives (Election of Employee Representatives and OHS Representatives)
Advice Category
Compliant
Code Reference
Clause wording
(i) All persons covered by this Agreement recognise that Employees have the right and expectation of representation in relation to employment issues from genuine Employee Representatives. The Employer must not interfere in the selection of Employee Representatives.
(ii) The Employer recognises that union members employed by the Employer have a right to be represented by their union, in the consultation and dispute resolution arrangements in this Agreement.
Advice
Compliant
53. Employee Representatives’ Rights
Advice Category
Compliant
Code Reference
Clause wording
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• The right to formal recognition by the Employer that the endorsed Union Shop Steward will speak on behalf of Union members in the workplace.
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Advice
Compliant
54. Employee Representative
Advice Category
Compliant
Code Reference
Clause wording
A Employee Representative shall have the right to:
(b) formal recognition by the Company that endorsed Employee Representative speak on behalf of Union members in the workplace.
Advice
Compliant
55. Employee Representative
Advice Category
Compliant
Code Reference
Clause wording
36.2 – All persons covered by this Agreement recognise that Employees have the right and expectation of representation in relation to employment issues from genuine Employee Representatives. The Company must not interfere in the selection of Employee Representative.
36.3 – All persons covered by this Agreement recognise the important role of Employee Representative. The Employee Representatives have a key role in the early intervention in industrial disputes and health and safety issues under this Agreement.
Advice
Compliant
56. Employee Representatives
Advice Category
Compliant
Code Reference
Clause wording
The Employer recognises that union members employed by the Employer have a right to be represented by their union, in the consultation and dispute resolution arrangements in this Agreement.
Advice
Compliant
57. Employee Representatives
Advice Category
Compliant
Code Reference
Clause wording
All persons covered by this Agreement recognise that Employees have the right and expectation of representation in relation to employment issues from genuine Employee Representatives. The Employer must not interfere in the selection of Employee Representatives.The Employer recognises that union members employed by the Employer have a right to be represented by their union, in the consultation and dispute resolution arrangements in this Agreement.
Advice
Compliant
58. Employee Representatives and OHS Representatives
Advice Category
Compliant
Code Reference
Clause wording
Shop Stewards and Health and Safety Representatives shall be engaged as employees and work productively and undertake normal work activities when not performing their representative roles.
Advice
Compliant
59. Individual Flexibility Arrangement – Employee Representation
Advice Category
Compliant
Code Reference
Clause wording
Union members are entitled to be represented by their Union at every stage of this process. Employees who are not Union members may also choose to be represented.
If an employee has nominated the Union, or another person, as their representative, the Union or other person must be given reasonable opportunity to participate in negotiations or discussions regarding the proposed making, variation or termination of a flexibility arrangement. Participation by the Union or any other representative does not mean that their consent is required prior to reaching agreement in relation to a flexibility arrangement.
Advice
Compliant
60. Flexible application of agreement provisions by majority consent – Employee Representation
Advice Category
Compliant
Code Reference
Clause wording
Union members are entitled to be represented by their union at every stage of negotiations about majority flexibility arrangements. Employees who are not union members may also choose to be represented.
Advice
Compliant
61. Notification of Jobs
Advice Category
Compliant
Code Reference
Clause wording
The Company, upon notification of successful tenders must forward the following information to the Union office within seven days.
• Job location, duration, start date, type of removal, estimated workforce, Principal, Monitoring employer and any associated work.
Advice
Compliant
63. Objectives & Commitments
Advice Category
Compliant
Code Reference
Clause wording
The objectives of the Agreement are:
(g) To involve the Employee representative/s or union officials (if requested by the Employee/s) at the earliest stage of any dispute or potential dispute.
Advice
Compliant
64. Representation
Advice Category
Compliant
Code Reference
Clause wording
9.1 The parties recognise the right of the employee/s to choose whether to be represented in grievance or dispute procedures. Accordingly, the parties recognize the role an employees’ chosen on-site representative has in seeking to ensure industrial harmony on the site or at the workplace. Further the parties recognize that an on-site representative is a first point of contact for an employee who has an employment related grievance or a grievance, query or concern arising under the terms of the Agreement.
9.2 The parties also recognize the role of the union in being a party covered by the agreement and the union’s and shop steward’s rights and responsibilities to represent their members covered by the agreement. The parties recognize that shop stewards may be involved in assisting employee/s pursuant to the dispute resolution procedure of this Agreement.
Advice
Compliant
70. Union Delegates
Advice Category
Compliant
Code Reference
Clause wording
(b) formal recognition by the Employer that endorsed union delegates speak on behalf of union members in the workplace;
(c) bargain collectively on behalf of those they represent;
Advice
Compliant
71. Union delegates’ rights
Advice Category
Compliant
Code Reference
Clause wording
A union delegate shall have the right to:
b) formal recognition by the Employer that endorsed union delegates speak on behalf of union members in the workplace;
Advice
Compliant
74. Consultation
Advice Category
Compliant
Code Reference
Clause wording
In this clause major workplace changes that are likely to have a significant effect on Employees includes:
(a) termination of the employment;
(b) changes to the composition, operation or size of the workforce or the skills required of Employees;
(c) elimination or diminution of job opportunities (including promotion/tenure)
Advice
Compliant
75. Consultation
Advice Category
Compliant
Code Reference
Clause wording
Where the Employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology, that are likely to have significant affects on employees, the Employer shall notify the employees who may be affected by the proposed changes and the Employee Representatives.
“Significant effects” include termination of employment, major changes in the composition, operation or size of the Employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the Agreement makes provisions for alterations of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
Advice
Compliant
