- Title: This agreement shall be refered to as the:
Floor Coverings Industry Agreement 1997
- Parties Bound: This agreement is between;
- The construction, Forestry, Mining and Energy Union (CFMEU) Construction & General Division of 5/361
Kent Street, Sydney, 2000; and
- The Floor Coverings Association of NSW Inc (FCA), of P.O Box 2071, North Parramatta, 2151, and
- May be made with any individual company which chooses to sign the agreement (a "signatory company")
- Application:
This agreement shall be binding upon the CFMEU, its offices and members and persons eligable to be
members of the CMFEU who are engaged by the FCA's members or other signatory companies, on work covered
by the terms of the Building Tradesmen (State) Construction Award (BTSCA) and the National Building
and Construction Industry Award 1990 (NBCIA).
- Definitions:
In this Agreement:
- "Company" means a company which is a member of the FCA, or any other company which individually is a
signatory to this agreement.
- "Contract Workers" means persons other than employees who: are engaged by a company to carry out floor
covering work on a contract by contract hours; and, who provide their own tools, vehicle, equipment,
etc; and, who provide to the company an Australian Taxation Office Prescribed System Payee Decleration Form.
- "Layer" means a person, working as an employee or engaged by a company as a "contract worker",
to lay hard floor coverings.
- Duration:
This Agreement shall commence from the first full day period on or after 1st July, 1997 and shall continue
in effect until 30 September 1999. No later than three months before the expiry of this agreement, the parties
shall commence discussions concerning a future agreement. This agreement shall continue in force
beyond its expiry date, until it is either replaced by another agreement, or it is cancelled by one of the
parties giving the other one months written notice of termination of the agreement.
- Dispute Settlement Procedure:
The following principles and procedures will regualte resolution of grievances and disputes;
- Disputes on any work relateed or industrial matter should be dealt with as cloase to its source as possible
- A layer of the Union deligate should initally submit any work related or industrial matter to the company
supervisor or other appropriate company representative.
- If the issue remains unresolved the union delegate/union organiser may then submit the issue to the appropriate
senior management person of the company.
- Whilst the above procedures are being followed, work shall continue normally. Each party must ensure
each step of the above process is followed within reasonable time frames.
- Should the matter remain unresolved after the direct discussions between the union and management
there shall be a 48 hour cooling off period.
- After the cooling off period the union and the company shall be free to exercise their respective rights.
- This dispute settlement procedure does not apply to health and safety issues.
- Consultation:
This Agreement witnesses the fact that layers employed or engaged by the companies have been consulted
about and have agreed to the terms of the Agreement and have endorsed them.
- Rates Of Pay:
The contract workers engaged by the company will be paid in accordance with the schedule of rates shown
in Appendix A. Any award employee's and/or apprentice's will be paid in accordance with the rates of pay shown in
Appendix B.
- Industry Standards:
a) Superannuation:
i. The company will pay a minimum contribution into the Construction and Buildings Unions Superannuation
scheme (C+BUS) for layers, as set out below:
- From 17 July 1997: $50.00 per week
- From 1st October 1998: $60.00 per week
- From 1st January 1998: $70.00 per week
- From 1st October 1998: $100.00 per week
- Should a layer work less than 5 days in any week (Monday to Subday):
- From 1/7/97 the comapany will pay $12.00 to C+Bus from each day worked in that week, to a maximum of $60.00
per week.
- From 1/1/98 the amounts will be $14 and $70.
- From 1/10/98 the amount will be $20 and $100.
Note: A maximum of 5 days pro rata superanuation is payable in each calander week.
ii. All superannuation contributions will be paid monthly as required by the trust deed.
iii. The above superannuation contributions will be in lieu of any contribution into ACIRT for redundancy
and/or any award obligation to make redundancy and superannuation guarantee levy requirement is greater.
b) Top-Up/24 Hour Income Accidental Protection Insurance:
- Upon the commencement of this agreement the company will provide a workers compensation Top-Up/24 Hour
income accident insurance with the CTAS Scheme or other agreed provider(s).
- All layers engaged by the company will be covered by this insurance.
c) Clothing:
- Employees/contract workers after four weeks employment/engagement with the company will be supplied
with two sloppy joes, two shirts and two pair of shorts or trousers;
- This clothing will be replaced on a fair wear and tear basis.
- Employees when working on site are required to wear clothing supplied. It is the responsability
of employees to clean all cothing and maintain same in a neat and tidy condition.
- After 1st october 1998, all clothing supplied shall be of Australian maufacturer.
- Special Site Provisions:
The company will pay any site or project productivity allowance made by a head contractor to cover
all persons working on a project. The allowance will be paid in addition to the rates provided by this
agreement for layers and will not be absorbed under any circumstances, even if the company is paying
rates above the minimum rates provided herein.
- No Extra Claims:
The Union agrees not to persue any extra claims against companies covered by this agreement, for
the life of this agreement.
- Drugs And Alcohol
Any incidents concerning drugs and/or alcohol shall be dealt with in accordance with the policy of building
trades group of Unions drug and alcohol safety and rehabilitation programs which is at Appendix C.
- No Disadvantage
Arising from the implementation of this Agreement no contract worker or employee will suffer a
disavdvantage and/or reduction in repect of rates of pay and conditions of employment/engagement.
- Code Of Conduct
The parties covered by this agreement agree to comply with the Code Of Conduct set out in Appendix D.
- Apprentices:
- The company will maintain a ratio of one aprenticeship to each five layers whether the layers are
employees or contract workerrs.
- Extra Benefits: Apprentices engaged direct or from a Group Apprenticeship Scheme will also be entitled
to top/up workers compensation/24 hour accident income protection insurance; the clothing provisions as
contained in (9c) of this Agreement and any additional project allowances and provisions as provided for in Clause 10
- The wage rate payable to aprentices will be the following percentages of the CW3 level classification, with
provision for additional increases as provided for in Appendix B.
3 Year apprenticeship
| 1st Year: |
60% |
| 2nd Year: |
75% |
| 3rd Year: |
90% |
- The company will pay for apprentices superanuation payments into C+BUS in accordance with the requirements
of the following scale:
| |
From 1 October 1997 |
|
From 1 October 1998 |
| 1st year |
$30 |
|
$35 |
| 2nd year |
$40 |
|
$45 |
| 3rd year |
$55 |
|
$60 |
- All superannuation contributions will be paid monthly as required by the trust deed.
- This superannuation contribution will be in lieu of any obligation for redundancy pay and or
contributions in ACIRT exept if the aggregate redundancy and Superannuation guarantee Act
entitles exceed the amount shown.
- Picnic Day:
In accordance with the BTSCA picnic day provision, the company will require from layers proof of
picnic day attendance, i.e., a ticket for the picnic before payment is made for the day. A financial
union ticket recorded as "Picnic paid" is deemed as evidence of ticket purchase. The company shall not
require anyone to work on the first Monday of December each year which is the Annual Building Industry
Picnic day.
- Initiatives For Improving Productivity
- Payment Method: It is agreed that the Association's members and other signatory companies
are entitled to make payment of contract monies and wages weekly by Electronic Funds Transfer (EFT).
All employees and contract workers will nominate a bank account for this purpose, if so requested by
the company.
- Spread of Hours and Overtime:
- The normal spread of hours during which ordinary time (i.e. 8 hours per day) is paid is: 6:00am
to 6:00pm Monday to Friday.
- All work performed by a contract worker outside of the ordinary eight hours or on a weeekend or
public holiday shall attract an aditional 50% loading on rates nominated in Appendix A for both
commercial and domestic sectors, exept that the loading only applies where the contract worker has
been required by the company to work outside ordinary hours.
- Award provisions apply to all employees.
- RDO Flexibility: The company may utilise increased flexibility on rostered days off (RDO's) by an employee taking
their on a agreed day 19 days before or after the designated industry RDO. Where the employer and employee
agree, the employee may bank RDO's to a maximum of 5 RDO's in a twelve month period. The RDO entitlement
of contract workers is provided for in the schedule or rates payable by the Company.
- Consultation: Consultation and parrticipation are essential for improved industrial relations. The workforce shall be fully
informed and have an input into decision makeing. Appropriate consultative mechanisms shall be established
within the company to facilitate workplace relation. Where appropriate, a monotoring Committee comprising
representatives of management, the CFMEU and elected layer representatives will also be established, to
monitor the operations of this agreement. This Committee will meet once every six months or more frequently
if required. The desicions and recomendations of this Committee will be appropriatly communicated
to all layers.
- Compliance:
All current layers will be given a copy of this arangement. Any layers engaged/employed in the future will
be given a copy of the agreement at or prior to commencement.
- Additional Conditions:
- When sheet vinyl to walls is required the cost of all scaffolding including modifications required
thereto shall be paid by the company.
- The removal of rubbish by a contract layer shall only be required on small jobs with oppertunity to bring
the rubbish back to the floor covering company or depot or tip. The cartage cost and tip fees where applicable
will be paid by the company and any extra travelling time will be paid at the hourly rate provided for
in Appendix A.
- On large installations the layer will place rubbish in an area as directed by the principle contractor
or company and notify the comapany when it is ready for pick-up and disposal.
- Where large quantaties of floor covering material are involved in a project, the company shall deliver
the material to the site, but layers may be required to convey material of reasonable size and weight to the
site in sufficient quantity to allow work o progress without unnecesary delay.
- As a matter of urgency a working committee will be established, with equal employer and layer representation,
to resolve anomalies in respect to rates, eg, room sizes, tagging of electrical equipment, etc.
- The parties to this agrrement will cooperate, with WorkCover NSW, to investigate and address OH&S problems,
eg: the size and weight of rolls, use of glues or chemicles, etc.
- Pyramid Sub-Contracting, Cash In Hand Payments:
- Cash in hand payments and pyramid Sub-Contracting is prohibited
- For the purposes of this agreement, pyramid subcontracting occurs when a company subcontracts work
to a layer which is proprietry limited company or to a contract layer and that layer further sub-contractors
the work.
- This provision does not preclude:
- A Company contracting with contract workers (who are not proprietry limited) engaged in accordance
with the contract rates in Schedule A, or,
- A company contracting out specialised work, or
- A company subcontracting to another company which is party to this agreement, work which is in excess
of the first companies current capacity.
- Companies Paying In Excess Of New Rates:
Companies currently paying rates in excess of the rates provided by this agreement, will continue
to pay their current rates and shall absorb adjustments made under the terms of this agreement, untill
the agreement rates equal or exceed the current rates.
- New Types Of Covering:
Where a type of floor covering is used which is not listed in this Agreement, the hourly rate shall
apply pending an agreement being reached between the Union and the Association and/or company signatory
party to this Agreement.
- Public Risk:
The company shall assume all responsability for public risk, for all persons engaged by them to perform
both commercial and domestic work covered by this agreement. The company shall ensure that its own puplic
risk insurance specifically includes cover for the acts of contract workers.
- Compensation And Accident Pay:
- The company agrees to the implamentation of an agreed workers' compensation rehabilitation policy.
The operations of this policy shall be reviewed on a regular basis.
- The parties commit to ensuring that the rehabilitaion of injured workers is an accepted practice,
and that suitible duties are provided when available.
- The parties agree that the person responsible for the management of rehabilitation cases must be
adequatly trained to do the job. If such a person is not available within the company, then the services
of an industry specific rehabilitation co-ordination provider/service will be accessed.
- The company will ensure that all persons engaged to work are covered by workers, compensation insurance.
- The company and their layers will comply with the following steps to ensure expedited payment of
workers compensation:
- All layers report injuries at the earliest possible time after injury.
- All layers will comply with requirements for making a workers compensation claim, including the
provision of a medical certificate, at the earliest possible time after injury.
- In cases where a layer is unable to comply with the above, the company and/or Union delegate will
assist in fulfilling requirements for making a claim.
- The company employees and contract workers will abide by part 4, Division 1 of the Workers compensation
act 1987, which deals with "notice of injury etc. and claims for compensation" and provides that:
- the company must keep a register of injuries in a readily accessible place. The company will ensure that
all accidents/injuries are recorded in a site accident book.
- a layer must enter in the register any injury suffered by the layer. The company must be notified
of all injuries on site immediantly.
- if the company recieves a claim for compensation, or any other documentation in respect of a claim
of compensation, it must within (7) days after receipt, forward the claim or documentation to their
workers compensation insurance company.
- if the company recieves a request from its Workers, compensation insurance company for further specified
information, it must within seven (7) days after reciept of the request, furnish the workers compensation
insurance company with such information which is in the possession of the company or reasonable
obtainee by the company.
- the person making the claim must comply with any reasonable request to furnish information and must not
provide false information.
- The company upon receipt of a compensation payment from an insurer will pay the amount immediantly
to the person entitled to the compensation.
- In cases where there is no dispute with the company about an injury having been sustained in the
carrying out of work, the company will commence paying an amount equal to the rate of workers
compensation, as soon as the claim is lodged. This payment does not represent acceptance of the claim
(which can only be accepted by the insurer) and in the event that the claim is subsequantly denied by
the insurer, the company may recover any amounts paid from any monies owing.
- An injured layer will not be dismissed, within the first six months of any period during which the
employee is entitled to recieve workers' compensation.
- Portable Long Service Leave:
It is agreed that all persons engaged under this Agreement are covered by the Building and Construction
Industry Long Service Leave Payments Act of 1986 and all employees and contract workers shall be registered
under this Act. The company will publicise the scheme to layers and assist them to register and understand
the procedures involved in recording service.
- Supersession
This agreement supersedes any existing agreements made between the CMFMEU and the FCA or any
individual company.
- Industry Compliance
The parties to this agreement will co-operate to have the schedule of rates at Appendix A become
a common rule determination under part 9 Division 3 of the New South Wales Industrial Relations Act.
- Representation
To facilitate the negotiation and review of industry wide matters such as this agreement, the Floor
Coverings Association of NSW will pay for three layer representatives to attend mettings up to a maximum
of six hours (accumulative) each per calander year. Payment will be at the hourly rate shown in Appendix A
for a contract worker layer, or in Appendix B for an employee layer. Payment each year for representation
exceeding eighteen hours (ie. 3 layers @ 6hours) would require from the Association prior to the activity
taking place
Documents 
