industrial relations management

IndustrialRelationsManagementGuidelines

December 1999

New South WalesGovernment

December 1999


December 1999DPWS report number 99058

© This work is copyright. Apart from any use as permittedunder the Copyright Act 1968, no part may be reproducedby any process without written permission from theConstruction Policy Steering Committee.

Requests and enquiries about reproduction and rightsshould be addressed to:

Executive DirectorConstruction Policy Steering CommitteeLevel 23, McKell Building2–24 Rawson PlaceSYDNEY NSW 2000

phone (02) 9372 8852fax (02) 9372 8851website http://www.cpsc.nsw.gov.auemail [email protected]

NSW Department of Public Works and ServicesCataloguing-in-Publication data

New South Wales. Construction Policy SteeringCommittee.

Industrial relations management guidelines.

ISBN 0 7347 4055 7ISBN 0 7310 0964 9 <set>

1. Industrial relations management—New South Wales.2. Construction industry—New South Wales.

I. Title. II. Series (Capital Project Procurement Manual)

331.0944

Industrial Relations Management GuidelinesDecember 1999

These Guidelines provide a strategic managementapproach to industrial relations management in theconstruction industry at both the enterprise andproject level.

Cover printed on 100% oxygen-bleached(totally chlorine-free) paper. Paper for the insidepages is 70% recycled, and Australian-made.

Printed using vegetable-based mineral-oil-free inks.

The Industrial Relations Management Guidelines weredeveloped by the Construction Policy Steering Committee(CPSC).

The CPSC membership includes representation of:• Cabinet Office• Department of Housing• Department of Industrial Relations• Department of Public Works and Services (Chair)• Olympic Co-ordination Authority• Pacific Power International• Rail Access Corporation• Rail Services Australia• Roads and Traffic Authority• State Rail Authority of NSW• Sydney Water• Treasury

http://www.cpsc.nsw.gov.au

mailto:[email protected]

1 Why industrial relations management? 3

Better industrial relationsmanagement practices 3

Scope and purpose 3

Benefits of industrial relationsplanning and management 4

Definitions 4

2 Government policy and its application 5

Rationale 5

Compliance with IR aspects ofCode of Practice 7

Project Categories 7

Category 1 projects 7



Management of policy implementation 11

Legal obligations 11

3 What is required of agencies? 12

Understanding the policy 12


Category 2 and Category 3 projects 13

Reviews 14

4 Industrial relations strategy 16

What is an IR Strategy? 16

What is a Project IR Plan? 16

Key elements of an industrialrelations strategy 17

Contents

Contents

Category 1 projects

Contents (continued)

Checklists 23A Review of IR Strategy

key elements–Category 1 projects 24

B Confirmation of Project IR Planand information on compliance–Category 1 projects 27

C Project IR Plan ImplementationReview–Category 1 projects 29

D Verification of information oncompliance–Category 2 projects 31

E Review of industrial relationsmanagement performance–Category 2 and 3 projects 32

Appendices 33

1 Building and constructionindustry awards 34

2 Principal construction industryindustrial relations andemployment legislation 36

3 Resources 37

4 Contacts 38

Industrial Relations Management Guidelines

December 1999 3

1 Why industrial relations management?

Better industrial relationsmanagement practicesThe construction industry is a majorcontributor to the Australian economy.It provides the built environment for thecommunity and employs one of the largestworkforces in the country.

The NSW Government is supporting thiskey industry in becoming more forward-looking, innovative and internationallycompetitive. The keys to success are animproved workplace and managementculture, better employer and employeerelationships, and improved industrialrelations planning and management atboth the enterprise level and on projects.

In the development framework for theconstruction industry, outlined in thewhite paper Construct NSW, theGovernment is encouraging the industryto adopt a strategic approach to themanagement of industrial relations at theenterprise level, and to integrate industrialrelations management activity into projectplanning and management.

The NSW Government Code of Practice for theConstruction Industry and accompanyingCode of Tendering define the minimumlevels of acceptable behaviour, andemphasise the need to develop an industryculture committed to improving andachieving high standards in industrialrelations management.

Scope and purposeThe policy and Guidelines apply to allgovernment construction projects andactivities concerned with demolition,building, landscaping, maintenance,civil engineering, process engineering,mining and heavy engineering. Thisincludes projects involving private sectorparticipation in the provision of the State’sassets, for example by way of Build/Own/Operate schemes and similar arrangements.

The thrust of these Guidelines is:

• to make industrial relationsmanagement a part of the culture ofenterprises in the construction industry,and

• to help improve industrial relationsmanagement on government projectsand in the construction industrygenerally.

Sound industrial relations practices,beyond mere compliance with theestablished regulatory requirements, willthus become integrated with day-to-daywork and management practices. In thisway enterprises can be recognised for theirsuperior industrial relations managementperformance.

These Guidelines should be read togetherwith the NSW Government Codes of Practiceand Tendering for the Construction Industry,the Implementation Guidelines to the Codes,and Project agreements – NSW GovernmentCode of Practice for the Construction Industryprocess.

Why industrial relations management?

4


Benefits of industrialrelations planning andmanagementThe benefits that flow from better planningand management of industrial relationsinclude, but are not limited to:

• improvement of the enterprise’s‘knowledge bank’, industrial relationscapability and management focus

• improved corporate image through thedemonstrated commitment to bettermanagement of workplace issues

• improved relations with stakeholders(who may include workers, unions,subcontractors, suppliers, industrialtribunals and clients)

• efficient project performance fromimproved communication andknowledge for all stakeholders involvedin developing and implementing anindustrial relations management focus

• less time and effort spent on resolvinggrievances about compliance withindustrial awards and other legalobligations relating to employment

• greater control over cost, time, qualityand improved project outcomes, and

• competitive advantage.

Developing an industrial relationsmanagement focus will assist contractorsand their service providers both incomplying with the industrial relationsrequirements outlined in the NSWGovernment Code of Practice for theConstruction Industry and in verifying thatcompliance.

Definitions‘Client(s)’: parties receiving tenders

‘Construction industry’ includes allorganised activities concerned withdemolition, building, landscaping,maintenance, civil engineering, miningand heavy engineering.

This includes projects involving private sectorparticipation in the provision of the State’sassets, for example, by way of Build/Own/Operate schemes and similar arrangements.

‘Contractor’: individual or organisationresponsible for the performance of thework specified under a contract.

‘Government construction agency’including the term ‘government agencies’,‘agency’ or ‘agencies’ is usedinterchangeably in these Guidelines.

‘Principal’: the person, entity ororganisation responsible for contractingwith a contractor or consultant for thecarrying out of the work.

‘Project’: an undertaking with a definedbeginning and objectives by whichcompletion is identified. A project may becompleted using one contract or a numberof contracts.

‘Service provider’ includes: contractors,subcontractors, consultants and suppliers.

‘Subcontractor’: party that provides aservice and/or product to a contractorand/or subcontractor or client.

‘Superintendent’s representative’indicates the superintendent, thesuperintendent’s representative or theprincipal’s representative, as may beappropriate, to the conditions of individualcontracts and government constructionagencies.

‘Tenders’: prices, bids, quotations andconsultant proposals.

‘Tenderers’: parties submitting tenders.

1 Why industrial relations management (continued)

December 1999 5

Government policy and its application

2 Government policy and its application

RationaleThe objective of the Government’s policy isto lift and continuously improve industrialrelations planning and management in theNew South Wales construction industry atthe enterprise and project level.

In order to achieve this, the governmentconstruction agencies will:

• seek to use service providers with ademonstrable capacity to effectively planand manage industrial relations, and

• require service providers to achieve aneffective industrial relations focus whichwill lead to continual improvement inindustrial relations management at theenterprise and project levels, and in theindustry generally.

This policy applies together with the:

– NSW Government Code of Practice forthe Construction Industry

– NSW Government Code of Tendering forthe Construction Industry

– Implementation Guidelines to theCodes, and

– Project agreements – NSW GovernmentCode of Practice for the ConstructionIndustry process.

6


2 Government policy and its application (continued)

project category

agency monitoringdocumentation requiredin tender

see Section 3 andrefer to Checklist C

1$20m >$20m, or <$20m if deemed by government constructionagency

(see pages 7– 8 and Section 4)

during contract

Project IR Plan Implementation Reviews.

see Section 3 andrefer to Checklist E

2projects of $0.5m or more

(see page 9)

3projects under $0.5m

(see page 10)

Industrial relations management performance reviews.

Industrial relations management performance reviews.

see Section 3 and refer to Checklist E

IR Strategy

name of Federal or NSW award

if applicable, copy of enterprise, workplace or other enforceable agreement

agreement to provide information on compliance.

refer to Checklist A

statement of compliancewith IR aspects of Code of Practice and Implementation Guidelines.

name of Federal or NSW award

if applicable, copy of enterprise, workplace or other enforceable agreement

agreement to provide information on compliance, and

statement of compliance with IR aspects of Code of Practice and Implementation Guidelines.

before site works begin

refer to Checklist Drefer to Code of Practice and Implementation Guidelines

refer to Code of Practice and Implementation Guidelines

confirmation that compliance with IR aspects will be maintained.

Project IR Plan

evidence of compliance with all employment and legal obligations

location of time and wage records

names of Federal or NSW awards likely to cover subcontractors and other contractors on the project.

refer to Checklists A and B

evidence of compliance with all employment and legal obligations

location of time and wage records

names of Federal or NSW awards likely to cover subcontractors and other contractors on the project

names of those responsible for co-ordinating industrial relations on the project

outline of:– consultation and

communications mechanisms

– measures to co-ordinate the interface with subcontractors, other contractors and unions

– measures for assessing subcontractors, and

– measures to monitor and verify ongoing compliance.

December 1999 7

Compliance with IR aspectsof Code of PracticeGovernment agencies will as a minimumrequire tenderers, contractors and theirsubcontractors to comply with theindustrial relations aspects of the NSWGovernment Code of Practice for theConstruction Industry and accompanyingImplementation Guidelines.

Project CategoriesGovernment agencies will advise tenderersin call tender documents of the industrialrelations management requirements forthe project. This may include additionalrequirements in any of the projectcategories outlined below, as may bedetermined by the agency.

Category 1 projects

Category 1 projects are all those with avalue of $20 million or more, and thosewith a value under $20 million but whichhave some or all of the following features,as determined by the governmentconstruction agency:

• an extended construction period

• identifiable contract packages within anoverall program of works

• sensitivity in terms of industrialrelations.


Tender requirements

Tenders for Category 1 constructionprojects will only be accepted fromtenderers if they include the followingin their tender response:

• an IR Strategy (See Section 4 andChecklist A – Review of IR Strategy keyelements–Category 1 projects.)

• the name of the Federal or NSW awardto which the enterprise is bound

• if applicable, a copy of the enterprise,workplace or other enforceableagreement to which the enterprise isbound, and

• an attestation that the tenderer willprovide appropriate information toverify compliance with these awards,enterprise or workplace agreements, andall other legal obligations relating toemployment.

Provision of Project IR Plan andinformation to verify compliance

Before the site works begin, the successfultenderer must provide to the governmentconstruction agency the Project IR Planincluding verification of compliance, inthe preceding twelve months, with allemployment and legal obligationsincluding:

– payment of remuneration toemployees

– annual leave

– Long Service Payment Schemeregistration

– workers’ compensation insurance(including self-insurancearrangements)

– superannuation fund membershipand contributions

– over-award payments (eg. redundancyfund contributions).

This information is to be submitted onthe letterhead of the enterprise, andsigned by an authorised person.

8



For enterprises that engage anindependent industry or employerassociation or other specialistorganisation to provide an auditingservice to verify compliance withemployment and legal obligations,a statement or declaration from thatorganisation will suffice.

Other information required:

• The location of time and wage records orother documents that are required to bekept to verify ongoing compliance withall employment and legal obligations.

• The name(s) of the Federal or NSWaward(s) likely to cover subcontractorsand other contractors on the project.

(Checklist B – Confirmation of Project IRPlan and information on compliance–Category 1 projects.)

Project conditions

Contractors for Category 1 projects will berequired to:

• finalise an acceptable Project IR Planbased on the IR Strategy accepted withthe tender response (See Section 4 andChecklist B – Confirmation of ProjectIR Plan and information on compliance–Category 1 projects.)

• submit the finalised Project IR Plan forreview before site works begin

• agree with the number and timing ofProject IR Plan Implementation Reviewsto be conducted during the course of thecontract

• make available, on request, all relevantindustrial relations managementrecords, including those relating tosubcontractors, for the purpose ofreviews

• provide all reasonable assistance to thereviewer during the review process,including attending the review andpromptly implementing correctiveaction.

Project IR PlanImplementation Reviews

Contractors’ Project IR Plans will be subjectto review during the life of the contractawarded. The reviews will include an on-site verification that the plan is beingcorrectly implemented and is yielding thedesired results.

(See Section 4 and Checklist C –Project IR Plan Implementation Review–Category 1 projects.)

The number of reviews and the scope ofeach review for each contract will bedetermined by the relevant agency and willdepend on the size, scope and nature of theproject.

Both government agencies and contractorshave a responsibility to ensure that thereview process is looked upon as a meansof improving industrial relationsmanagement performance on the project.

Contractors will be provided with anopportunity to comment on the review.

The review results will be linked to andincluded with other matters in theContractor Performance Reports for theproject.

(See Section 3.)

Contractor Performance Reports will bemade available to other governmentconstruction agencies on request, subjectto the procedures for exchange ofinformation on contractor performancereporting between government agencies.

Contractor Performance Reports areconsidered in the allocation of work bygovernment agencies.

December 1999 9

Category 2 projects

Category 2 projects are all those with avalue of $500,000 or more which are notCategory 1 projects.

Tender requirementsTenders for Category 2 constructionprojects will only be accepted fromtenderers if they include the followingin their tender response:


• if applicable, a copy of the enterprise,workplace or other enforceableagreement to which the enterprise isbound

• an attestation that the tenderer willprovide appropriate information toverify compliance with these awards,enterprise or workplace agreements, andall other legal obligations relating toemployment, and

• a statement of compliance with theindustrial relations aspects of the Codeof Practice and Implementation Guidelines.

Provision of information toverify compliance

Before the site works begin, the successfultenderer must provide to the governmentconstruction agency verification ofcompliance, in the preceding twelvemonths, with all employment and legalobligations including:


– annual leave




– over-award payments (eg. redundancyfund contributions).


This information is to be submitted onthe letterhead of the enterprise, andsigned by an authorised person.

For enterprises that engage anindependent industry or employerassociation or other specialistorganisation to provide an auditingservice to verify compliance withemployment and legal obligations,a statement or declaration from thatorganisation will suffice

Other information required:

• The location of time and wage records orother documents that are required to bekept to verify ongoing compliance withall employment and legal obligations.

• The name(s) of the Federal or NSWaward(s) likely to cover subcontractorsand other contractors on the project.

• The names of those responsible forco-ordinating industrial relations onthe project.

• An outline of:

– the enterprise’s consultation andcommunications mechanisms withworkers, unions, employer or industryassociations

– the measures to be implemented toco-ordinate the interface on theproject with subcontractors, othercontractors and unions

– the measures for assessingsubcontractors’ ability to complywith industrial relations andemployment obligations, and

– the measures to monitor and verifytheir ongoing compliance.

(Checklist D – Verification of informationon compliance–Category 2 projects.)

10


Category 3 projects

Category 3 projects are all those witha value below $500,000.

Tender requirements

Tenders for Category 3 construction projectswill only be accepted from tenderers whoattest in their tender response that they willcomply with the industrial relations aspectsof the NSW Government Code of Practice forthe Construction Industry and accompanyingImplementation Guidelines.

Confirmation of compliance

Before site works begin, the successfultenderer must confirm to the governmentconstruction agency that compliancewith the industrial relations aspects ofthe NSW Government Code of Practicefor the Construction Industry andaccompanying Implementation Guidelineswill be maintained.


Category 2 and 3 projects

Industrial relations managementperformance reviews

A contractor will have its industrialrelations management performancereviewed during the life of any Category 2or Category 3 contract awarded. Thenumber of reviews and the scope of eachreview for each contract will be determinedby the relevant government agency. Thesewill depend on the size, scope and natureof the project.

Contractors will be expected to provideall reasonable assistance to the reviewerduring the review process, includingattending the review if requested, andpromptly implementing corrective action.Contractors will be provided with anopportunity to comment on the review.The review results will be linked to andincluded with other matters in theContractor Performance Reports for theproject.

Contractor Performance Reports willbe made available to other governmentconstruction agencies on request, subjectto the procedures for exchange ofinformation on Contractor PerformanceReporting between government agencies.

Contractor Performance Reports areconsidered in the allocation of work bygovernment agencies.

(See Section 3 and Checklist E – Reviewof industrial relations managementperformance–Category 2 and 3 projects.)

December 1999 11

Management of policyimplementationImplementation will be managed fromwithin the mainstream business activitiesof the government construction agencies.

Application of the policy

The policy will apply from 1 March 2000,or earlier as may be advised to tenderers bya government construction agency.

Review of the policy

The policy’s effectiveness will be assessedin 2003.

Legal obligationsNeither the policy nor these Guidelines inany way relieve contractors or serviceproviders of their legal obligations.Contractors and service providers areresponsible for ensuring that they meettheir award and other obligations relatingto employment under statute and thegeneral law.


12


Understanding the policyGovernment agency staff should befamiliar with the New South WalesGovernment’s industrial relationsmanagement policy as outlined in theseGuidelines, including:

• the background

• the application and implementationrequirements.

In addition they should be familiarwith the:





Pre-qualification orpre-registration

Where calls are made for pre-qualificationor pre-registration of contractors, the calldocument should outline the industrialrelations management documentation tobe submitted for evaluation.

Preparing tender documents

Agencies must ensure that the tenderdocuments include the requirements forthe appropriate project category as detailedin Section 2.

3 What is required of agencies?

Category 1 projects

Tender review

Tender responses must include thefollowing:

• an IR Strategy (See Checklist A –Review of IR Strategy key elements.)




Post tender reviewBefore site works begin –submission of Project IR Plan

The contractor awarded the tendermust submit the Project IR Plan to thesuperintendent’s representative* beforethe site works begin.

The superintendent’s representative willreview the Project IR Plan and be satisfiedthat the key elements detailed in Section 4of the Guidelines are clearly addressed.(See Checklists A and B.) Only then shouldthe Project IR Plan be accepted.

The completed checklist should be retainedby the superintendent’s representative withthe other contract records.

* refer to the definition of ‘superintendent’srepresentative’ on page 4

December 1999 13

After site works begin – planningProject IR Plan ImplementationReviews

As soon as possible after initial review ofthe contractor’s Project IR Plan, thesuperintendent’s representative shouldplan the review requirements for thecontract. This should include a scheduleof site Project IR Plan ImplementationReviews.

A Project IR Plan Implementation Reviewwill examine the extent to which thecontractor has implemented the Project IRPlan on the project. (See Checklist C.)

Category 2 andCategory 3 projects

Tender reviewCategory 2Tender responses for Category 2 projectsmust include the following:




Category 3Tender responses for Category 3 projectsshould only be accepted from tendererswho attest that they will comply with theindustrial relations aspects of the Code ofPractice and accompanying ImplementationGuidelines.

Post tender reviewCategory 2Before site works begin the contractor mustprovide the required documentation andinformation to the superintendent’srepresentative, who will review it and besatisfied that the information requestedhas been provided. (See Checklist D.)

Category 3Before site works begin, the successfultenderer must confirm to the governmentconstruction agency that compliancewith the industrial relations aspects of theNSW Government Code of Practice for theConstruction Industry and accompanyingImplementation Guidelines will bemaintained.

What is required of agencies?

14


After site works begin – planningindustrial relations managementperformance reviews

After site works begin the contractor’sindustrial relations managementperformance will be reviewed during thelife of the contract.

The number of reviews will be determinedby the relevant agency and will depend onthe size, scope and nature of the project.

The results of contractor industrialrelations management performance reviewswill be included with other matters inContractor Performance Reports.

(Checklist E has been developed toassist agencies conducting reviews forCategory 2 and Category 3 projects.)

ReviewsAfter site works begin there areseven stages to each review:

• plan the review

• prepare for the review

• conduct the review

• compile the report

• obtain contractor comment

• initiate follow-up action

• finalise and maintain records.

The ultimate objective of any review isto help service providers to improvetheir industrial relations managementperformance. Agencies should thereforeadopt a practical approach and offerhelpful comments if any discrepanciesare found.

Contractors must be provided with anopportunity to comment on the review andencouraged to promptly implement anycorrective action identified.

Project IR Plan Implementation Reviewreports for Category 1 projects, andindustrial relations managementperformance reviews for Category 2 andCategory 3 projects, must be included withother matters in Contractor PerformanceReports.

Contractor Performance Reports areconsidered in the future allocation of workby government agencies, and are to bemade available to other governmentconstruction agencies on request, subjectto the procedures for exchange ofinformation on Contractor PerformanceReporting between agencies.

3 What is required of agencies? (continued)

December 1999 15

Reviewers

As a minimum, agency personnelconducting reviews must have:

• knowledge of the contract, site, andproject industrial relations, and

• a demonstrated knowledge of industrialrelations requirements on governmentprojects.

A reviewer or review team member mustnot carry out reviews if he or she:

• is in debt to the contractor

• is a partner or business associate of thecontractor

• is an employee, agent or consultant ofthe contractor

• is a relative of the contractor; or

• has any other conflict of interest.

Agencies may make reviewers available toother agencies which request assistancewith their reviews.

Maintaining records

Each agency must retain and centraliserecords on the industrial relationsmanagement performance of itscontractors. This includes:

• verification of compliancedocumentation provided by thecontractor

• Project IR Plan Implementation Reviewreports for Category 1 projects andcomments by the contractor, and

• industrial relations managementperformance reviews conducted forCategory 2 and Category 3 projects,and comments by the contractor.

What is required of agencies?

16


4 Industrial relations strategy

This section deals with the IR Strategyand Project IR Plan that are requiredfor Category 1 projects.

Development of an IR Strategy andimplementation on projects providesan opportunity for all enterprises tocontinually improve their industrialrelations management performance atboth the enterprise and project levels.

What is an IR Strategy?An IR Strategy is an expression of anenterprise’s capacity to develop andimplement a sound industrial relationsmanagement plan which ensures thatindustrial relations issues and risks areidentified, assessed and managed. TheIR Strategy should demonstrate theintegration of industrial relationsrequirements with the normal procedures,practices and performance standards of theenterprise.

It involves an enterprise:

• developing a policy statement onindustrial relations management thathas the total support of management

• defining responsibilities for industrialrelations management within theenterprise

• identifying resources and proceduresfor implementing required industrialrelations management measures

• having planning processes andprocedures in place that enableidentification of potential industrialrelations issues and facilitate thedevelopment of measures to minimiseimpacts

• outlining methods used to assessthe capacity of subcontractors tounderstand and comply with theirindustrial relations responsibilities, and

• establishing procedures to review andmonitor the implementation ofmeasures which support the IR Strategyand to initiate corrective action whenrequired.

The detail and scope of an IR Strategy willdepend on the size, nature and scale of theenterprise and its projects.

(See Section 2 and Checklist A– Review of IRStrategy key elements.)

What is a Project IR Plan?A Project IR Plan is the implementation ofthe IR Strategy accepted with the successfultender response which confirms thespecific industrial relations commitment,responsibilities, planning, implementation,and management strategies that will beapplied to the particular project. It mustaddress the key elements in the followingsection in detail.

The Project IR Plan must be submitted bythe contractor with information to verifycompliance with employment obligationsand will be reviewed before it is acceptedby the government agency, before siteworks begin.

(See Section 2 and Checklist B – Confirmationof Project IR Plan and information oncompliance.)

The Project IR Plan will be subject toProject IR Plan Implementation Reviewsthroughout the duration of the contract.Each Review will examine the extent towhich the contractor has implemented thePlan on the project.

(See Checklist C – Project Industrial RelationsPlan Implementation Review.)

December 1999 17

Planning

Identification and verification of legaland other obligations relating toindustrial relations and employment

This is about identifying the range ofobligations relating to employment andverifying compliance.

To maintain legal compliance, enterprisesmust identify and understand the award(s)and workplace, project or other agreements(approved under Federal or NSWlegislation) to which they are bound.They must also meet employment lawsregarding their employees. This includescompliance with the industrial relationsrequirements outlined in the:

• NSW Government Code of Practice forthe Construction Industry

• accompanying ImplementationGuidelines, and

• Project agreements – NSW GovernmentCode of Practice for the ConstructionIndustry process.

Industrial relations risk identificationand management planning

This is about mainstreaming industrialrelations management into projectmanagement activities. It requires anidentification and analysis of potentialindustrial relations risks for the enterpriseand the project and developing andimplementing responses as appropriateto their impact.

Managing industrial relations risk is anintegral part of good management andshould be integrated with project planningand delivery. The objective of riskmanagement is to identify and analyserisks and manage their consequences.

Key elements of an industrialrelations strategyAn acceptable Industrial RelationsStrategy must clearly address thefollowing key elements.

Commitment and managementresponsibility

This is about confirming the enterprise’scommitment to industrial relationsmanagement and defining its policies andobjectives. It spells out the responsibilitiesfor industrial relations management.The policy statement can really only bearticulated after the planning elementshave been finalised.

Senior management must demonstrate itscommitment to improving its industrialrelations management performance at boththe enterprise and project levels bydeveloping an industrial relationsmanagement policy statement.

Ongoing commitment and leadership fromthe top is expected and is vital to theeffectiveness and success of the enterprise’sIR Strategy and the Project IR Plan.

An enterprise’s industrial relationsmanagement policy statement:

• has the full support and commitment ofthe chief executive officer and seniormanagement

• defines the enterprise’s industrial andemployee relations policies, objectivesand targets

• identifies those responsible for themanagement of industrial relationsmatters, compliance with industrialand employment obligations and theinitiation of corrective action

• outlines communication processes withworkers, unions, other contractors andsubcontractors on industrial relationsissues, and

• outlines measures for assessingsubcontractors’ ability to comply withindustrial relations and employmentobligations.

Industrial relations strategy

18


In this way the efficient managementof the enterprise and the project will beoptimised, and delays minimised through:

• early identification of industrial relationsissues

• establishing well-defined lines ofcommunication within the enterpriseand with all project participantsincluding subcontractors and othercontractors

• clearly defined roles and responsibilitiesfor industrial relations and for projectparticipants

• preparation of contingency plans tominimise potential adverse impacts, and

• communication with workers andunions.

The four steps in the risk managementprocess are:

Assessment• this is about identifying the industrial

relations issues that will be relevant tothe enterprise and the project.

This includes a review of the prevailingindustrial relations environment, therequirements in the tender documentsand the:





4 Industrial relations strategy(continued)

Low Highlikelihood likelihood

Highimpact

Lowimpact

Moderate risk

Specifyindustrial relationsmanagementmeasures

Major risk

Developindustrial relationsrisk action plan

Minor risk

Accept

Moderate risk

Specify industrialrelationsmanagementmeasures

Risk analysisThis involves:

• identifying the sources of industrialrelations risk that might impact on theproject (see list of examples on thefollowing page).

• assessing the potential likelihood andconsequences of each risk (ie. minor,moderate or major).

• identifying those risks that will requiremanagement attention, particularlymoderate or major risks.

A risk ranking table (see below) provides agraphic presentation of risk classes andassists in planning and management.

As a working definition:

• minor risks can be accepted or ignored

• moderate risks are either likely to occuror to have high impacts, but not both.Management measures should bespecified for all moderate risks

• major risks are those risks with both ahigh likelihood of arising and a highimpact. Those risks will require closemanagement attention, and thepreparation of a risk action plan.

December 1999 19

Risk response planning

This is about:

• outlining the management measuresdeveloped in response to the industrialrelations risks identified, and

• nominating those measures most likelyto ensure efficient project delivery.

If a project agreement is foreshadowedby a tenderer in its IR Strategy and thetenderer is awarded the tender, abusiness case as outlined in the Projectagreements–NSW Government Code ofPractice for the Construction Industryprocess must be submitted andapproved by the Principal. Ideally, thisprocess should be finalised with theProject IR Plan.

Action plan and managementmeasures

This step is about defining managementmeasures, assigning responsibility, andallocating resources for implementation.It will outline:

• actions required (what is to be done?)

• resources (what and who?)

• responsibilities (who?), and

• timing (when?).

Contingency planning

This is about making sure that contingencyplans and procedures are in place tominimise adverse impacts.

Contingency plans can include, but are notlimited to:

• consultation and communicationstrategy (internal and external)

• details of actions to be taken in theevent of incidents such as:

– grievances

– inclement weather

– threatened industrial action

– actual industrial action, and

– other unforeseen risks.


Examples of sources of risk

Planning stage❑ location

❑ capability of contractor

❑ capability of project personnel

❑ capability of service providers

❑ legislation, regulations and standards

❑ competing deadlines

❑ client endorsement

❑ costs

Project procurement and contractsdelivery stage❑ contractor, subcontractor capability

❑ contractor, subcontractor performance

❑ delays – eg. weather, industrial disputes

❑ OHS&R disputes

❑ construction methods

Construction or maintenance❑ compliance controls

❑ industrial action

❑ OHS disputes

Human factors❑ operator error

❑ sabotage

❑ vandalism

Natural events❑ weather

❑ fire

❑ other

Organisational❑ resource shortages

❑ operational policies

❑ management capabilities and practices

❑ personnel skills

❑ occupational health, safety andrehabilitation management

❑ industrial relations management

❑ work practices

20


Implementation

Resources

This is about the resources necessaryto implement the IR Strategy and theProject IR Plan.

The resources essential to theimplementation of the IR Strategyand the Project IR Plan should bedefined. These include human, physical(eg. facilities and equipment) andfinancial resources.

In allocating resources, the enterprise candevelop procedures to track the benefits aswell as the costs of its industrial relationsmanagement activities at both theenterprise and project level.

Accountability and responsibility

This is about defining the responsibilities ofall personnel whose roles can affect theindustrial relations performance of theenterprise and on projects.

Personnel at all levels should beaccountable, within the scope of theirresponsibilities, for industrial relationsmanagement performance in support ofthe IR Strategy and the Project IR Plan.

A management representative shouldbe nominated as responsible forimplementing the enterprise’s IR Strategyand the Project IR Plan.

By clearly spelling out the responsibilitiesand authorities of personnel for specifictasks relating to industrial relationsmanagement, there should be no doubt asto who is responsible for taking decisions,and for acting on grievances and disputes.

As a minimum, the followingresponsibilities and tasks must beaddressed.

Industrial relationsmanagement issues❑ defining industrial relations

management commitment, prioritiesand targets

❑ defining the responsibilities ofpersonnel for industrial relationsmanagement matters

❑ allocating human, physical andfinancial resources adequate to meetthese requirements

❑ ensuring compliance with, andkeeping abreast of changes to, awardsand other legal obligations relating toemployment

❑ acquiring and disseminating industrialrelations management information

❑ planning and conducting training inindustrial relations management,including induction for employees,subcontractors and other contractors

❑ developing and implementingprocedures

❑ assessing and monitoringsubcontractors’ ability to complywith industrial relations laws andtheir employment obligations, and

❑ monitoring workplace andmanagement practices to continuallyimprove industrial relationsmanagement performance.

4 Industrial relations strategy(continued)

These responsibilities, authorities andtasks must be clearly documented andcommunicated so that all personnel onthe project will know:

• what industrial relations risks areinvolved in the project, and

• what action plan and managementmeasures are proposed to manage theserisks.

December 1999 21

Subcontractors

This is about nominating the measures thatwill be implemented to assess subcontractorcompliance with their industrial relationsand employment obligations.

Contractors must be able to demonstrate:

• the measures they will take to selectsubcontractors who comply withindustrial relations laws andemployment obligations

• how dealings with subcontractors andother contractors is to be managed, and

• how ongoing subcontractor compliancewith industrial relations requirements isto be monitored and assessed.


Examples of subcontractor selectionand industrial relations management

❑ a contractor may maintain a panel ofpreferred subcontractors with sound,responsible and effective industrialand employee relations managementpractices

❑ a contractor may require verificationof compliance, in the precedingtwelve months, with all employmentand legal obligations including:


– annual leave– Long Service Payment Scheme

registration– workers’ compensation insurance

(including self-insurancearrangements)


– over-award payments (eg.redundancy fund contributions)

❑ a contractor may require thatsubcontractors develop andimplement a Project IR Plan whichis compatible with the Contractor’sProject IR Plan. Implementation ofthe plan and performance would bereviewed during the life of thesubcontractor’s contract with thecontractor.

Measurement, evaluationand review

Industrial relationsmanagement records

This is about establishing procedures for theidentification, filing, retrieval and retentionof industrial relations management records.

Records provide evidence of compliancewith the awards and other legal obligationsrelating to employment, as well as with theIR Strategy and the Project IR Plan.

Examples of records managed

❑ award and enterprise agreementobligations

❑ employment obligations

❑ monitoring, auditing andmanagement review reports

❑ reports of industrial relations issuesor grievances, follow-up action andresolution

❑ employee, subcontractor and serviceprovider induction and training onindustrial and employee relations, and

❑ subcontractor information oncompliance with industrial andemployment obligations.

22


4 Industrial relations strategy documentation(continued)

Internal review

This is about establishing a system ofinternal management review withinthe enterprise to verify that the IR Strategyand Project IR Plan are being implementedand are effective. The aim is to achievecontinual improvement in performance atboth the enterprise and project levels.

The enterprise must have a plannedsystem of internal management reviewto verify that its industrial relationsmanagement activities match its statedcommitment, including targets set, andthat the activities resulting frommanagement reviews are effective.

Results of internal reviews must be broughtto the attention of the people who areresponsible for the activity reviewed. Thesepeople will ensure that corrective action istaken immediately to remedy anydeficiencies found.

The IR Strategy and Project IR Planthemselves, and the enterprise’s industrialrelations performance at the enterpriseand project levels, should continuouslyimprove as a result of these managementreviews.

December 1999 23

Checklists

project category

project stage

tender review

Checklist A Checklists A & B Checklist C

Checklist D Checklist E

Checklist E

1

during contractbefore site works begin

2

3

A Review of IR Strategy key elementsCategory 1 projects

B Confirmation of Project IR Plan andinformation on complianceCategory 1 projects

C Project industrial Relations PlanImplementation ReviewCategory 1 projects

D Verification of information oncomplianceCategory 2 projects

E Review of industrial relationsmanagement performanceCategory 2 and 3 projects

The table below shows which checklistshould be used for each category and stage.

Checklists

24


Checklist AReview of IR Strategy key elements

Category 1 projects

Instructions for use:

This checklist has been developed to assistgovernment agencies in examining the keyelements of an IR Strategy submitted by atenderer.

Agencies need to systematically work throughthis checklist by cross-referencing eachquestion with the IR Strategy submitted bythe tenderer.

Tenderers may also use it to verify that allkey elements required for an acceptable IRStrategy have been addressed.

Comments can be included whereappropriate.

Key to symbols to be used incheck-boxes✔ = yes✘ = no

CommitmentA1Has the tenderer provided a satisfactorypolicy statement on industrial relationsmanagement which:

❑ has chief executive officer/seniormanagement support?

❑ sets enterprise goals for industrial andemployee relations?

❑ identifies responsible personnel formanaging industrial and employeerelations?

❑ outlines communication processes withworkers, unions, other contractors, andsubcontractors?

❑ outlines measures for assessingsubcontractors’ compliance withindustrial relations and employmentobligations?

comment

PlanningA2Has the tenderer identified legal andother obligations relating to industrialrelations and employment, including:

❑ Federal or NSW awards?

❑ enterprise, workplace or otherenforceable agreements?

❑ Federal or NSW legislation?

❑ project agreement (if applicable)?

comment

A3Has the tenderer:

❑ identified the industrial relations issuesthat will be relevant to the enterpriseand the project?

❑ identified the sources of industrialrelations risk that might impact on theproject?

❑ assessed the likelihood and potentialconsequences of each risk?

❑ identified those risks that will requiremanagement attention?

❑ developed an action plan andmanagement measures?

❑ foreshadowed the need for a projectagreement?

comment

Note: If a project agreement isforeshadowed by a tenderer in its IRStrategy and the tenderer is awardedthe tender, a business case as outlinedin the Project Agreement Process mustbe submitted and approved by thePrincipal. Ideally, this process shouldbe finalised with the Project IR Plan.

December 1999 25

Checklist A

A4Has the tenderer outlined:

❑ actions required (what is to be done?)

❑ resources (what and who?)

❑ responsibilities (who?), and

❑ timing (when?)

comment

A5Has the tenderer developed acontingency plan that:

❑ provides a consultation andcommunication strategy (internaland external)?

❑ detail actions to be taken in the eventof incidents such as:

– grievance disputes

– inclement weather

– threatened industrial action

– actual industrial action

– other unforeseen risks?

comment

ImplementationA6Has the tenderer:

❑ defined the resources (human, physicaland financial) to implement the IRStrategy and Project IR Plan?

❑ developed a procedure to track thebenefits and costs of its industrialrelations management activities?

comment

A7Has the tenderer:

❑ defined the accountability andresponsibility of all personnel whoserole may affect the industrial relationsperformance of the enterprise on theproject?

❑ clearly documented and communicatedthese responsibilities and authorities forthe personnel concerned?

❑ nominated a managementrepresentative who is charged with theresponsibility of implementing the IRStrategy?

comment

A8Has the tenderer:

❑ nominated the measures that willbe taken to select subcontractors whocomply with industrial relations lawsand employment obligations?

❑ described how dealings withsubcontractors and other contractorsare to be managed?

❑ described how ongoing subcontractorcompliance with industrial relationsrequirements is to be monitored andassessed?

comment

26


Measurement, evaluationand reviewA9❑ Has the tenderer outlined procedures for

the efficient identification, filing,retrieval and retention of industrialrelations management records?

comment

A10Does the tenderer have a system ofinternal management review that:

❑ verifies that the IR Strategy and ProjectIR Plan is being implemented?

❑ measures the effectiveness of theIR Strategy and Project IR Plan?

❑ brings the results of internal reviewsto the attention of people who areresponsible for the activity concerned?

❑ ensures that corrective action is taken?

❑ provides mechanisms or a feedback loopto continuously improve theenterprise’s industrial relationsmanagement performance?

comment

Checklist A (continued)

December 1999 27

Checklist BConfirmation of Project IR Plan and information on compliance

Category 1


This checklist is used by government agencieswhen reviewing a contractor’s Project IR Plan,which is submitted before the site worksbegin.

It is used in conjunction with Checklist A.

It can also be used by contractors as aguide when finalising their Project IR Plan.


CommitmentB1❑ Has the contractor submitted a Project

IR Plan consistent with the IR Strategyaccepted with the tender, whichaddresses the key elements in Section 4in detail?

comment

B2❑ Is a management representative

nominated with responsibility forimplementing the Project IR Plan?

comment

B3❑ Has the contractor provided a

declaration or statement, verifyingcompliance in the preceding twelvemonths with all employment andlegal obligations including:


– annual leave




– over-award payments (eg. redundancyfund contributions)?

comment

PlanningB4❑ Has the contractor provided the

location of time and wages records?

comment

B5❑ Has the contractor given the names of

award(s) likely to cover subcontractorsand other contractors on the project?

comment

B6❑ If foreshadowed, has the contractor

obtained the Principal’s approval tonegotiate a project agreement?

comment, and include any follow upaction required

Checklist B

28


ImplementationB7❑ Has the contractor confirmed the

contingency plans and processes it willrely on?

comment

B8❑ Has the contractor confirmed the

measures to be implemented inselecting subcontractors and forassessing subcontractors’ compliancewith industrial relations laws andemployment obligations?

comment

B9❑ Has the contractor confirmed how

ongoing subcontractor compliance withindustrial relations requirements is to bemonitored and assessed?

comment

Checklist B (continued)

Measurement, evaluationand reviewB10❑ Are the procedures clearly developed

for:

– maintenance and retrieval ofindustrial relations managementrecords (eg. time and wages records)for the contractor and subcontractorson the project

– verifying that the IR Strategy andProject IR Plan are being implemented

– measuring the effectiveness of theProject IR Plan

– corrective action, reporting andfollow-up?

comment

December 1999 29

Checklist CProject IR Plan Implementation Review


This checklist is for use by governmentagencies when verifying that the contractoris implementing the Project IR Plan on theproject.

It can also be used by contractors to conducttheir internal reviews.


CommitmentC1❑ Has the contractor’s industrial relations

policy statement been implemented atthe project level?

comment

C2❑ Did the management representative

nominated implement the Project IRPlan?

comment

C3❑ Is the contractor achieving the

nominated industrial and employeerelations goals for the project?

comment

C4❑ Has the contractor used the

communication processes outlinedin the IR Strategy and IR Project Plan?

comment

C5❑ Has the contractor implemented the

measures outlined in the Project IR Planfor assessing subcontractor compliancewith industrial relations andemployment obligations?

comment

PlanningC6❑ Did the contractor identify all the risks

that would require managementattention?

comment

C7❑ Did the contractor implement

appropriate measures to manage allidentified risks?

comment

C8❑ Did the contractor manage any

unforeseen risks?

comment

Checklist C

Category 1

30


Checklist C (continued)

ImplementationC9❑ Did the contractor implement a

procedure to track the benefits and costsof its industrial relations managementactivities?

comment

C10❑ Did the measures implemented by the

contractor adequately manage theinterface with subcontractors and othercontractors on the project?

comment

C11❑ Is the monitoring by the contractor

of subcontractor compliance withindustrial relations requirementsappropriate for the project?

comment

Measurement, evaluationand reviewC12❑ Has the contractor implemented an

effective and efficient system for thetimely identification, filing and retrievalof industrial relations managementrecords?

comment

C13❑ Has the contractor implemented an

effective internal management reviewprocess?

comment

C14❑ What corrective action has been taken

by the contractor to remedy anydeficiencies in the implementation ofthe Project IR Plan?

comment

C15❑ What corrective action requests were

issued by the government constructionagency (including time for completion)?

comment

Note: the government constructionagency should ensure that anycorrective action requests are carriedout by the contractor within the agreedtime frames. Responses or comments bythe contractor are to be maintained bythe agency with the Review report.

C16❑ What improvements, if any, have been

achieved on the project?

comment

December 1999 31

Checklist DVerification of information on compliance

Category 2

Checklist D


This checklist has been developed to assistgovernment agencies in examininginformation submitted by a contractor forCategory 2 projects before site works begin.

Contractors may also use it to verify that alldocumentation and information required foran acceptable verification of compliance hasbeen included.


D1❑ Has the contractor provided a statement

or declaration of compliance in thepreceding twelve months with allemployment and legal obligationsincluding:


– annual leave




– over-award payments (eg. redundancyfund contributions)?

comment

D2❑ Has the contractor given the location of

time and wages records?

comment

D3❑ Has the contractor nominated the

award(s) likely to cover subcontractorsand other contractors on the project?

comment

D4❑ Has the contractor named those

responsible for co-ordinating industrialrelations management on the project?

comment

D5❑ Has the contractor provided outlines of:

– consultation/communicationmechanisms

– measures to co-ordinatesubcontractors, other contractorson the project and unions

– measures for assessing subcontractors’compliance with industrial relationsand employment obligations

– measures to monitor and verifyongoing subcontractor compliance?

comment

32


Checklist EReview of industrial relations management performance

Categories 2 and 3


This checklist is used to review thecontractor’s industrial relations managementperformance during the life of the contract.

It can also be used by contractors for internalreview purposes.


E1❑ Has the contractor maintained

compliance on the project with theindustrial relations and employmentobligations outlined in the statement ofdeclaration of compliance provided tothe agency?

comment

E2❑ Has the contractor implemented

adequate measures for assessingsubcontractors’ compliance withindustrial relations and employmentobligations, and a system to verifyongoing compliance?

comment

E3❑ Has the contractor maintained a list of

contractors and subcontractors on theproject and the location of their timeand wages records?

comment

E4❑ Has the contractor implemented

effective measures to co-ordinatethe interface on the project withsubcontractors, other contractorsand unions?

comment

E5❑ Has the contractor maintained

appropriate records of communicationswith workers, unions, other contractors,subcontractors and employer andindustry associations includingoutcomes and corrective action taken?

comment

E6❑ What corrective action requirements

were issued by the government agency(including time frames for completion)?

comment

Note: the government constructionagency should ensure that anycorrective action requests are carriedout by the contractor within the agreedtime frames. Responses or comments bythe contractor are to be maintained bythe agency with the Review report.

E7❑ What improvements, if any, have been

achieved on the project?

comment

December 1999 33

Appendices

Appendices

1 Building and construction industryawards

2 Principal construction industryindustrial relations andemployment legislation

3 Resources

4 Contacts

34


Appendix 1

Building and construction industry awards

Employers should be aware of the awardsto which they are bound.

Awards set out the classifications andminimum conditions of employment, andare legally binding on employers.

This information was correct as at the timeof publication. Check which awards applyto your business and projects, and theircurrency.

Federal awards❑ Mobile Crane Hiring Award 1988

❑ National Building and ConstructionIndustry Award 1990

❑ National Metal and Engineering On-SiteConstruction Industry Award 1989

❑ Plumbing Industry (New South Wales)Award 1983

❑ Sprinkler Pipe Fitting Award 1975

❑ National Joinery and Building TradesProducts Award 1993

For further information, contact:

Department of Employment, WorkplaceRelations and Small Business – FederalAward Enquiries:

phone (02) 9282 0800or 1300 363 472

website http://www.dewrsb.gov.au

State awards❑ Building and Construction Industry

Labourers’ On Site (State) ConsolidatedAward

❑ Building and Construction IndustryLabourers’ On Site–1996 WagesAdjustment

❑ Building and Construction IndustryLabourers’ On Site–1992 Expense

❑ Building Crane Drivers (Expense RelatedAllowance) Consolidated Award

❑ Building Crane Drivers (State) 1996Wages Adjustment Consolidated Award

❑ Building Crane Drivers (State)Consolidated Award (splinter 4150,4036)

❑ Building Employees Mixed Industries–1996 Wages Adjustment (State)

❑ Building Employees Mixed Industries(State) Consolidated Award

❑ Building Employees Mixed IndustriesRedundancy (State) Consolidated Award

❑ Building Tradesman (State)Construction–1996 Wages Adjustment

❑ Building Tradesmen (State)Construction Consolidated Award(Splinter 4114)

❑ Building Tradesmen (State)Construction (1992 Expense RelatedAllowances)

❑ Clerical and Administrative Employees(State) Consolidated Award

❑ Clerical Industry (State) Training WageConsolidated Award (Parents 134)

❑ Clerks (State) (Wages) ConsolidatedAward (Parent 135)

❑ Clerks (Traineeships) (State)Consolidated Award

❑ Clerks Payroll Companies (State)Consolidated Award

❑ Clerks Payroll Companies (State)(Wages) Consolidated Award(Parent 331)

❑ Clerks Redundancy (State) ConsolidatedAward (Parents 134, 135, 082, 117)

❑ Clerks’ Temporary Employment Services(State) (Wages) Consolidated Award

http://www.dewrsb.gov.au

December 1999 35

❑ Clerks’ Temporary Employment Services(State) Consolidated Award

❑ Draughtsmen, Planners, TechnicalOfficers, &c. (State) Award

❑ Electrical Contracting Industry (State)Award

❑ Electrical Contracting Industry (StateWage Case) (State) Consolidated Award

❑ Electrical Contracting Industry (State)Consolidated Award (Splinters 4069)

❑ Electrical Contracting Industry (State)Expense Related Allowances

❑ Electrical Contracting IndustryRedundancy and Technological Change

❑ Electricians (Superannuation) Award

❑ Electricians, &c. (State Wage Case)(State) Consolidated Award–1996

❑ Electricians, &c. (State) ConsolidatedAward (Splinters 4143, 4199, 4223,4206)

❑ Electricians, &c. (State) Expense RelatedAllowances Consolidated Award

❑ Electricians, &c., Family Leave (State)Consolidated Award (Parent 293)

❑ Electricians, &c., Redundancy andTechnology Change (State)

❑ General Construction and Maintenance,Civil and Mechanical Engineering, &c.(State) Award

❑ Glass Workers (State) Award

❑ Glass Workers–1996 Wages Adjustment(State) Award

❑ Joiner (State) Award–1993

❑ Landscape Gardeners., &c., on Buildingand General Construction andMaintenance, Civil and MechanicalEngineering (State) Consolidated Award

❑ Landscape Gardeners., &c., on Buildingand General Construction andMaintenance, Civil and MechanicalEngineering (State) Expense RelatedAllowances Consolidated Award(Parent 347) Award

❑ Landscape Gardeners, &c., Redundancy(State) Consolidated Award (Parent 420)

❑ Landscape Gardeners, &c. (State)Consolidated Award (Splinter 5032)

❑ Metal & Engineering Industry (NSWInterim Award)

❑ Plant, &c., Operators on Construction(State) Award

❑ Plumbers and Gasfitters (State) Award

❑ Transport Industry (State) Award

❑ Transport Industry Mixed Enterprise(State) Award

❑ Transport Industry Quarried MaterialsAward (State)

For further information, contact:

NSW Department of Industrial RelationsAward Enquiry Service

phone 131 628fax dial 1902 261 019(from handset of fax machine)

website http://www.dir.nsw.gov.au

Appendix 1

http://www.dir.nsw.gov.au

36


Appendix 2

Principal construction industry industrialrelations and employment legislation

Federal❑ Workplace Relations Act 1996

❑ Trade Practices Act 1974

as amended

New South Wales❑ Industrial Relations Act 1996

❑ Employment Protection Act 1982

❑ Annual Holidays Act 1944

❑ Banks and Bank Holidays Act 1912

❑ Long Service Leave Act 1955

❑ Building and Construction Industry LongService Payments Act 1986

❑ Workplace Injury Management andWorkers Compensation Act 1998

❑ Occupational Health and Safety Act 1983

as amended

This information was correct at the timeof publication. Check which legislationapplies to your business and projects.

December 1999 37

Appendix 3

Resources

Construction PolicySteering CommitteeNew South Wales Government White PaperConstruct New South WalesJuly 1998ISBN 03130733X

New South Wales GovernmentCapital Works InvestmentCapital Project Procurement ManualOctober 1993ISBN 0 7310 0964 9

New South Wales GovernmentCode of Practice for theConstruction IndustrySecond edition, July 1996;ISBN 0 7310 6891 2

New South Wales GovernmentCode of Tendering for theConstruction IndustrySecond edition, July 1996;ISBN 0 7310 6897 1

New South Wales GovernmentImplementation Guidelines for theCode of Practice and Code of TenderingSecond edition, July 1996;ISBN 0 7310 6802 5

New South Wales Government – Projectagreements Code of Practice for theConstruction Industry process, July 1998

New South Wales Government TrainingResource Manual for the construction industryin New South Wales 1999–2000November 1999; ISSN 1441-2063

New South Wales Government Developingand implementing a Training Plan for asmall business, November 1999

These resources are available from:

Construction Policy Steering CommitteeLevel 23, McKell Building2–24 Rawson PlaceSydney NSW 2000

phone (02) 9372 8852fax (02) 9372 8851

email [email protected] http://www.cpsc.nsw.gov.au

NSW Department ofIndustrial Relations (DIR)The Department of Industrial Relations isresponsible for administering the industrialrelations system operating in New SouthWales, and provides a range of advisoryservices on workplace requirements.

website www.dir.nsw.gov.au

DIR has also published The Building andConstruction Industry Handbook to assistsmall business employers in the buildingand construction industry to understandtheir legal obligations to employees.

Contact:

Publications and Sales UnitPO Box 847Darlinghurst NSW 2010

phone (02) 9243 8774fax (02) 9243 8777

Workplace Change NSW

Can provide information about:

• NSW industrial relation• workplace reform

• workplace issues for small business

• workshops or seminars.

Workplace Change NSW10 Carol StreetDarlinghurst NSW 2010

phone 1800 803 836website www.dir.nsw.gov.au

Appendix 3





38


Appendix 4

Contacts

CPSC memberconstruction agencies

Service providers can seek informationabout the Guidelines from these agencies:

Construction PolicySteering Committeephone (02) 9372 8928

(02) 9372 8846

email [email protected] http://www.cpsc.nsw.gov.au

Department of Housingphone (02) 9821 6544

Department of PublicWorks and Servicesphone (02) 9795 0722

Olympic Co-ordination Authorityphone (02) 9714 7300

Pacific Power Internationalphone (02) 6354 8300

Rail Services Australiaphone (02) 9224 2676

Roads and Traffic Authorityphone (02) 9218 6427

State Rail Authority of NSWphone (02) 9224 2933

Sydney Waterphone (02) 9350 5389

Other NSW Government agencies

For information about NSW awards andemployment legislation:

NSW Department of Industrial RelationsLevels 2, 3 & 41 Oxford StreetDarlinghurst NSW 2010

phone (02) 9243 8888fax (02) 9243 8871

website www.dir.nsw.gov.au

Award Enquiry Service Centre

phone 13 16 28 (anywhere within NSW)(02) 9243 8900 (for callers outside NSW)

fax (02) 9243 8960

To purchase NSW Awards and other resources:

Publications and Sales Unit

phone (02) 9243 8774fax (02) 9243 8777

For information about unfair dismissals andlodging enterprise agreements:

NSW Industrial RegistryNSW Industrial Relations Commission50 Phillip StreetSydney NSW 2000

phone (02) 9258 0080fax (02) 9258 0058

website www.lawlink.nsw.gov.au

For information about long service leave in theconstruction industry:

The Long Service Payments CorporationHead OfficeLevel 4, 1 Oxford StreetDarlinghurst NSW 2010

PO Box 12 NSW 1300

City OfficeSuite 1, Level 2365 Kent StreetSydney NSW 2000

phone 13 14 41 (anywhere within NSW)1800 426 684 (for callers outside NSW)

fax (02) 9925 6488

website www.lspc.nsw.gov.auemail [email protected] (employer & worker)

[email protected] (levy enquiries)



www.dir.nsw.gov.au

www.lawlink.nsw.gov.au

www.lspc.nsw.gov.au



December 1999 39

Appendix 4

For assistance and conciliation services forworkers compensation insurance claims:

Workers Compensation Resolution ServiceDepartment of Industrial RelationsLevel 4, 1 Oxford StreetDarlinghurst NSW 2010

DX 11524 Sydney Downtown

phone (02) 9243 88001300 368 004 (country or outer

metropolitan)fax (02) 9243 8801

1300 368 018 (country or outermetropolitan)

For information about workerscompensation, occupational health andsafety and injury management:

WorkCover New South Wales400 Kent StreetSydney NSW 2000

phone (02) 9370 5000

WorkCover informationphone 131 050

WorkCover Bookshopphone (02) 9370 5303

website www.workcover.nsw.gov.au

Federal Government agencies

For information about Federal awards:

Department of Workplace Relationsand Small BusinessLevel 9, North Wing477 Pitt StreetSydney NSW 2000

Wage line telephone(02) 9282 0800

website www.dwrsb.gov.au

Office of the Employment AdvocateNSW Regional OfficeLevel 7, 477 Pitt StreetSydney NSW 2000

GPO Box 9842Sydney NSW 2001

National telephone enquiry servicephone 1300 366 632

website www.oea.gov.au

For information on superannuation:

Superannuation Guarantee Helpline(Australian Taxation Office)phone 13 10 20This service is also provided in otherlanguages

for faxed informationphone 13 28 60

website www.ato.gov.au\super

A comprehensive list of unions, employerassociations, and other contacts is includedin the current version of the TrainingResource Manual for the construction industryin New South Wales.

www.workcover.nsw.gov.au

www.dwrsb.gov.au

www.oea.gov.au

www.ato.gov.au\super

40


Notes

December 1999 41

Notes


ISBN 0 7347 4055 7

industrial relations management

Documents

operate schemes

industrial

industrial

project ir

government

nsw government

construction

construction