workplace relations - georgiou

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Project Title Here WORKPLACE RELATIONS MANAGEMENT PLAN The Bays Road Relocation – Construct Only Package

WORKPLACE RELATIONS

MANAGEMENT PLAN

Site Details

Client: Transport for NSW

Site Name: The Bays Road Relocation – Construct Only Package

Project Number: Georgiou No. 6119, Sydney Metro No. 00013/11865

Project Commencement Date:

October 2020

Estimated Project Completion Date:

July 2021

Issue Date: 30 September 2020

Document ID Code: 6119-HRM-MP-001

2020 Georgiou Group Pty Ltd

Reproduction of this document, in whole or in part, in any format or media is prohibited without express permission from the authorised Quality Representative of Georgiou.



Version Date Revision Details Compiled by Project Manager

PM Line Manager

1 26/10/2020 Post Award Lucy Pemble,

HR Advisor Brad Collins Tim Page



CONTENTS

APPENDIX A – PROJECT ORGANISATION CHART ................................................. 31

APPENDIX B – PROJECT LIST INDUSTRIAL RELATIONS TRACK RECORD ...................... 32

APPENDIX C – RIGHT OF ENTRY THREE STEP GUIDE ............................................ 34

APPENDIX D - FITNESS FOR WORK POLICY & DRUG & ALCOHOL TESTING PROCEDURE .. 35



1. PURPOSE AND OBJECTIVES

This document outlines Georgiou’s Workplace Relations strategy and provides the basis on which Employee Relations and Industrial Relations will be managed throughout the The Bays Road Relocation – Construction Only Package (‘The Project’).

The document outlines our Employee Relations practices and specific responsibilities to ensure the successful implementation and execution of the Project. This Workplace Relations Management Plan (WRMP) is an integral part of the Georgiou Management System.

Georgiou recognises that proper and effective management of employee and industrial relations is crucial to the successful completion of this Project. In particular, we understand the important role of the Code for Tendering and Performance of Building Work (The Building Code 2016) and the New South Wales Industrial Relations Guidelines: Building and Construction Procurement (NSW IR Guidelines). Georgiou will, in the conduct of employee and industrial relations, use the best practices available and will exercise the highest standard of skill, care and diligence in the performance of its obligations, while ensuring subcontractors include like provisions and follow equivalent practices with the objective of ensuring a successful project, delivered in accordance with the aforementioned Codes.

The plan is prepared in the knowledge of the current Project details and within the current industrial relations environment. As Project details can change and the industrial relations landscape is dynamic, Georgiou will review this document to ensure it remains relevant for all employee relations issues that might impact upon this Project.

The Human Resource Advisor is responsible for review and audit of this plan within three months of

project commencement and then on an as-required basis periodically throughout the delivery of the Project.

2. GLOSSARY

Term Meaning

ABCC Australian Building and Construction Commission

Building Code 2016 The Code for the Tendering and Performance of Building Work 2016

FW Act Fair Work Act 2009

Fair Work Fair Work Commission

Georgiou Georgiou Group Pty Ltd

Georgiou EA’s Georgiou Group Operations Agreement 2019 and the Georgiou Group Trades & Services Agreement 2019

HSR Health and Safety representative

ISO International Organisation for Standardisation

NSW IR Guidelines NSW Industrial Relations Guidelines: Building and Construction Procurement

Personnel Employees, subcontractor employees, management and visitors

The Project The Bays Road Relocation – Construction Only Package

RoE Right of Entry

WHS Act Work Health and Safety Act 2011

WHS Work Health and Safety

WRMP Workplace Relations Management Plan



3. PART A: ADMINISTRATION

3.1 Project Organisational Structure

The Project Organisational Chart refers to the positions applicable for the operation of this Project and is available in APPENDIX A.

3.2 Accountabilities and Responsibilities of Key Personnel

The accountabilities and responsibilities of key personnel with respect to Workplace Relations Management on this Project are described below:

Project Manager

The Project Manager is responsible for;

Overall day to day management of the site and all site personnel;

Implementation and application of this WRMP to monitor compliance with the Building Code 2016 and the NSW IR Guidelines;

Managing labour productivity to ensure the Project is on track and meets the required project time frames without disturbance with regular reports to the client;

Determining employment/labour requirements for the Project; Management of subcontractors on site to ensure compliance with the Building Code 2016 and the NSW

IR Guidelines is achieved through awareness training, tool box talks and notifying of obligations through contractual documentation;

Managing any employee or contractor grievance in accordance with Part K of this WRMP; In consultation with the HSE Advisor, ensure subcontractor induction records are held in Georgiou’s

secure online system to which the HSE Advisor and the Project Manager and limited other authorised Georgiou representatives only have access;

Management of Right of Entry (RoE) obligations in accordance with Part J of this WRMP, the Fair Work Act, Building Code 2016, the NSW IR Guidelines and where required, the Work Health and Safety Act 2011;

Notifying the Human Resource Advisor and client of a breach or suspected breach of the NSW IR Guidelines, which will then be reported to the CCU by the Human Resources Advisor within 24 hours of the Company becoming aware of a breach or suspected breach;

Notifying the Human Resource Advisor and client of a breach or suspected breach of the Building Code 2016, which will then be reported to the ABCC as soon as practicable by the Human Resources Advisor and

Ensuring all site personnel have completed the site specific induction as defined in Part C of this WRMP.

Superintendent/Supervisor

The Superintendent/Supervisor is responsible for;

Managing the daily labour productivity of the workforce as well as subcontractors to ensure project time frames are met in accordance with the client contract documents;

Conducting site practices and protocols fairly and consistently in accordance with the requirements of this plan and referenced industrial instruments;

Reporting to the Project Manager all Workplace Relations issues or concerns; Monitoring the practices of subcontractors to ensure compliance with Georgiou Workplace Relations

obligations, the Building Code 2016 obligations and NSW IR Guidelines such as Right of Entry requirements, Freedom of Association provisions and adherence to the Georgiou Fitness for Work Policy;

Ensuring there is a continuous open communication channel on site with direct employees, subcontractor employees, visitors and building association officers, delegates and other representatives;

Assist the Project Manager with Right of Entry obligations in accordance with the Fair Work Act, Building Code 2016, the NSW IR Guidelines and where required the Work Health and Safety Act 2011;



Notify the Project Manager or Human Resource Advisor of a breach or suspected breach of the NSW IR Guidelines, which will then be reported to the CCU within 24 hours after the company becoming aware of a breach or suspected breach;

Notify the Project Manager or Human Resource Advisor of a breach or suspected breach of the Building Code 2016, which will then be reported to the ABCC as soon as practicable, but not more than 2 working days after the Company becomes aware of a breach or suspected breach; and

Highlight and assist in rectifying any inconsistent or deficient Workplace Relations practices to the Project Manager.

Health Safety & Environmental Advisor (HSE Advisor)

The Health Safety & Environmental Advisor is responsible for;

Consulting with and advising the Project management team of safety issues for direct labour and subcontractors;

Assisting the Project Manager in the management of Right of Entry visits to ensure they are consistent with the Fair Work Act, Building Code 2016, the NSW IR Guidelines and Work Health and Safety Act 2011 (NSW);

Ensuring there is a continuous open communication channel on site with direct employees, subcontractor employees, visitors and building association officers, delegates and other representatives;

Ensure that all personnel on site, whether they are Georgiou employees, subcontractors or visitors, understand and adhere to the Georgiou Fitness for Work policy and the Drug & Alcohol Testing Procedure;

In consultation with the Project Manager, ensure subcontractor induction records are held in Georgiou’s secure online system to which the HSE Advisor and the Project Manager and limited other authorised Georgiou representatives only have access;

Ensuring the implementation of sound management systems by experienced personnel; and Delivering and reporting on the successful completion of the Site Induction by all site personnel as per

Part C of this WRMP.

Human Resources Advisor

The Human Resources Advisor is responsible for;

Providing support to the Project Manager and all project staff in relation to the WRMP, the Building Code 2016 and NSW IR Guidelines compliance, and any Workplace Relations issues;

Offering advice to Georgiou subcontractors (where required), in relation to the WRMP, the Building Code 2016 and NSW IR Guidelines compliance, and any Workplace Relations issues;

In consultation with the Project Manager, reviewing the Risk Assessment for the Project; Management and reporting of a breach or alleged breach of the NSW IR Guidelines to the CCU within

24 hours after the Company becomes aware of a breach or alleged breach. This may include a breach in right of entry provisions, freedom of association and/or suspected or actual industrial action;

Management and reporting of a breach or suspected breach of the Building Code 2016 to the ABCC as soon as practicable, but not more than 2 working days after the company becoming aware of a breach or suspected breach. This may include a breach in right of entry provisions, freedom of association and/or suspected or actual industrial action. Any notification of a breach or suspected breach will be in accordance with section 17 of the Building Code 2016;

In conjunction with the Project Manager, reviewing the WRMP and IR practices as required to ensure relevance and compliance with legislation;

Management of employment contract documents (in line with Part F – Conditions of Employment), industrial instruments and internal audits of Georgiou’s compliance with the WRMP; and

Ensuring letters of offer and other common law documents reflect Georgiou’s WRMP requirements including freedom of association, grievance management and unlawful industrial action.

Where required the Human Resources team will provide; advice on employee and Industrial relations matters, coordinate all direct recruitment and assist with training and site mobilisation.



Lucy Pemble, Human Resources Advisor

3/51 Berry Street, North Sydney NSW

Telephone: (02) 8072 3600

Fax: (02) 8072 3601

Email: [email protected]

Human Resource Manager

The Human Resource Manager is responsible for;

Providing strategic advice and guidance to the Project Manager on employee and industrial relations;

Reviewing the WRMP to ensure the plan is implemented and all requirements actioned; Coaching and guiding the Human Resource Advisor on employee and industrial relations matters; Coordinating bi-annual wages reviews to ensure employees are paid correctly; Negotiating the Georgiou Enterprise Agreements and gaining Fair Work and ABCC approval; Coaching the Project team on RoE obligations as required; and In conjunction with Project Manager, managing any industrial disputation or demarcation disputes.

Further Strategic Employee and Industrial Relations Advice

Where additional assistance or advice is required on the Project in relation to specific employee relations matters, Georgiou’s Human Resource Manager will be available to play an active role in supporting the Project team in achieving the desired WRMP outcomes and actions; and

Furthermore, Georgiou has a specialist workplace relations legal expert on a retainer. They have retained to provide advice and guidance on employment law, industrial law and health and safety advice to ensure the smooth operation of the Project.

Commercial Manager – Eastern Region

The Commercial Manager – Eastern Region shall;

Undertake project reviews to ensure compliance with contractual and procedural requirements on the Project. Generally, the first review shall take place within 30% completion of the Project and then as-required;

Manage and review the commercial contractual templates including but not limited to, the Georgiou Subcontract for Major Works/Services (GC21);

Assesses the impact of key business initiatives on stakeholder groups (shareholder, customer, employee) and develops plans to address potential risks/opportunities;

Creates and oversees sound risk management practices within Georgiou; Provides risk and commercial related expert advice; and Reports to the Project Manager on any Security of Payments issues or concerns.

3.3 Relationship Management

Georgiou is dedicated to providing a harmonious workplace with open communication channels (refer to Part D – Communication). This is fostered by the following key relationship management methods:

Regular site visits and interactions from both the Human Resource Advisor and management support (refer to Org Chart);

The onsite induction acts as the first point of communication between most personnel, including employee, subcontractor employees, management and visitors and Georgiou, and is where critical information regarding the Project is communicated. The HSE Advisor is responsible for the delivery of the onsite induction and records maintenance;

The Superintendent/Supervisor will conduct daily pre starts, tool box talks and site meetings along with the HSE Advisor to communicate key project information and allocate/co-ordinate work tasks to employees and subcontractors for the day to day activities; and

Notices placed on noticeboards in the crib rooms along with the Georgiou monthly newsletter, key milestones and critical project information communicated to all site participants.



Officers, delegates and other representatives of building associations' access to site is managed in accordance with the Right of Entry provisions in the Fair Work Act 2009 and where applicable, the Work Health and Safety Act 2011. These relationships are managed by the Project Manager and/or Superintendent, in consultation with the Georgiou Human Resources Advisor. Please refer to the process for communication in Part D of this WRMP.

4. PART B: WORKPLACE RELATIONS RISK AND PAST EXPERIENCES

4.1 Past Experiences

Georgiou prides itself on its Industrial Relations track record and delivering construction projects on time and within budget by implementing sound management systems.

Evidence of these projects is available in Appendix B with their original contract value, final contract value at completion, project duration and a short explanation of the cause of delay, if any.

4.2 Risk Assessment

Georgiou implements a robust process in relation to industrial relations by educating management on the importance of following Georgiou’s set policies and procedures in regards to Right of Entry, Mobilisation to Project, Subcontractor Management and the Georgiou Industrial Agreements. Georgiou’s industrial relations risks have been identified in the below table (see Risk Matrix below) compiled by the Human Resource Advisor.



Risk Matrix

ISSUE LIKELIHOOD CONSEQUENCE MITIGATION

Unlawful Industrial Action

Low High

Rigorous application of the WRMP in accordance with the Building Code 2016 and the NSW IR Guidelines. Pre-qualification of subcontractors; including but not limited to subcontractors completing an industrial relations

checklist, checking industrial impacts, Building Code 2016 and NSW IR Guidelines compliance. Maintain capabilities and preparedness to respond to threatened or actual unlawful action in accordance with the

Building Code 2016, NSW IR Guidelines, Work Health and Safety Act 2011 and the Fair Work Act 2009.

Lawful Industrial Action

Low High

Direct Labour – all Georgiou direct labour will be engaged under Georgiou Enterprise Agreements (which are being renegotiated in 2018).

Subcontractors – all subcontractors will be required to demonstrate that this risk is negligible with respect to their employees.

Bogus Safety Disputes

Low High The Project will maintain the highest standards of WHS and establish an empowered and educated HSR network.

Any attempt to misuse safety for industrial purposes will be met with formal legal responses under the Work Health and Safety Act 2011 and/or the Fair Work Act 2009.

State Wide Stoppage

Low High

We do not envisage any issues that are likely to result in any state-wide union protest in the form of industrial action. Should such an event be planned or organised, the Project (in consultation with the client) will seek undertakings from the relevant unions that the Project will not be affected. If these are not forthcoming the threatened action will be treated as Unlawful Industrial Action.

Code Compliance Low High Compliance with the WRMP will be a contractual requirement for all subcontractors. Subcontractors will be asked to self-audit, maintain all records and provide Georgiou with their relevant findings

to ensure compliance.

Right of Entry (RoE) Events

Medium Medium

Georgiou will ensure all RoE visits are managed in accordance with the “Right of Entry Three Step Guide” in Appendix C.

Where RoE is abused, Georgiou will contact the ABCC in accordance with the Building Code 2016 and the CCU in accordance with the NSW IR Guidelines.

Demarcation Dispute

Low Medium As a straightforward civil construction project there should be no demarcation issues. If any union seeks to disrupt

the Project with the objective of obtaining membership or displacing other unions, the Project will respond in accordance with the relevant legislation and Codes and keep the clients informed.



5. PART C – INDUCTION

Georgiou employees are required to provide all relevant documentation (including but not limited to Certificates of Competency, trade or other professional qualifications, their birth certificate, visa or other evidence confirming their right to work in Australia) to the Human Resource Advisor during the recruitment and on-boarding process. They will have also have undertaken training through relevant e-Orientation videos such as the Georgiou Company Overview and the Health, Safety & Environmental orientation, as well as copies of Georgiou’s company policies.

A similar approach is taken with subcontractors who are required to complete an online induction in advance of their onsite induction where they will provide their relevant documentation, personal details, qualifications, working rights and confirmation of all insurances required. This information is stored in an online system which only the nominated HSE Advisor, the Project Manager and limited other authorised Georgiou representatives can access.

Inductions will only be conducted by the Georgiou HSE Advisor or an approved Georgiou representative and will not be held by officers, delegates or other representatives of building associations. The Project Management team will not allow secondary inductions by officers, delegates or other representatives and will strongly enforce the WRMP, the Building Code 2016 and the NSW IR Guidelines, specifically Part I, Freedom of Association and Part J, Entry to Premises.

The Georgiou site specific induction is completed by all employees and subcontractor’s employees prior to commencement on the Project. In order to facilitate improved labour productivity, subcontractors are able to complete an online induction which is tailored for subcontractors only. The site induction presentation will be undertaken by the HSE Advisor or an approved Georgiou representative, however it is the ultimate responsibility of the Project Manager to ensure that all site personnel have completed the appropriate project induction. Visitors are given a visitor induction and then must be escorted at all times whilst onsite.

The Site Induction will cover a wide variety of topics including:

Georgiou policies (Fitness for Work, Drug & Alcohol Testing, Employee and Industrial Relations); Site Specific Requirements; Brief Project/Facility scope; Building Code 2016; NSW IR Guidelines; Right of Entry; Freedom of Association; Coercion; Code of Conduct; Security protocols; and Safety Procedures.

The Human Resource Advisor’s contact details will be provided during the on-site induction and published onsite should any employee or subcontractor employee wish to raise any concerns that they may be subject to discrimination or coercive activity. Where there is an actual or suspected breach the Human Resource Advisor will notify the ABCC and the CCU in accordance with this WRMP.

6. PART D – COMMUNICATION

Georgiou is committed to ensuring there is a continuous open communication channel on site with direct employees, subcontractor employees, visitors and building association officers, delegates and other representatives.

Methods of communication include:

Georgiou’s onsite induction is the first point of face-to-face communication where the HSE Advisor an approved Georgiou representative, will communicate key information mentioned in Part C of this WRMP (see Part C – Induction);



Pre-start talks will take place at the beginning of each shift for all personnel engaged on the Project to provide an update on the daily schedule, allocation of tasks, safety information and relevant industry updates; and

Site meetings or tool box talks will be conducted by the Project Manager/Superintendent on a weekly basis to highlight messages regarding key aspects of the Project such as the progress of the program, safety, quality and environmental updates, as well as relevant information regarding the Building Code 2016 and NSW IR Guidelines (including coercion and freedom of association).

The Human Resource Advisor will be responsible for communicating and providing material on the Building Code 2016 and the NSW IR Guidelines, and will do so by the following methods:

Working with the tendering team to incorporate Building Code 2016 and NSW IR Guidelines compliance

into tendering and procurement practices, systems and documentation to ensure that the relevant Code obligations and requirements are communicated and passed on down the contractual chain through all forms of tender, procurement and contractual documentation;

Requiring Building Code 2016 and NSW IR Guidelines compliance from all relevant subcontractors (including that they meet the eligibility requirements of section 23 of the Building Code 2016) before doing business with them;

Ensuring all relevant subcontractors’ industrial instruments have been assessed by the relevant authority to ensure Building Code 2016 compliance (e.g. ABCC letter of compliance for relevant Enterprise Agreement or Declaration of Compliance for operation under the Modern Award); and

Providing education and training material on the Building Code 2016 and NSW IR Guidelines compliance for the project team (including freedom of association, discrimination and coercion).

7. PART E – SUBCONTRACTOR MANAGEMENT

7.1 Subcontractor Selection

Georgiou has an established subcontractor evaluation process to ensure subcontractors contribute towards the achievement of the Project’s overall objectives.

Subcontractor selection is based on a company’s ability to undertake the work and the price that they

provide for the scope of works. Prospective subcontractors will need to demonstrate to Georgiou that they have the skills, experience and resources necessary to effectively hire, deploy and mobilise labour that matches the profile of the skills and behavioural characteristics required by their respective scope of works.

This process will ensure that subcontractors will not be discriminated against or coerced, unduly influenced or unduly pressured to make above-entitlements payments or to contribute to a particular fund or scheme, or support a particular product, service or arrangement. To ensure that discrimination or coercion do not take place throughout the duration of the subcontractors work on the Project, the following will occur:

Subcontractors (both management and employees) attend the Georgiou induction outlined in Part C, which provides them with information regarding their right to freedom of association and their obligations to report activity or behaviour that may contravene the Fair Work Act, the Building Code 2016, the NSW IR Guidelines or the Health and Safety Act 2009;

The HSE Advisor will be responsible for ensuring the details of the relevant Human Resource Advisor are made available to all personnel on site during the induction process for the purposes of reporting underpayments, above-entitlement payments, discriminative or coercive activity;

The Project Manager and Superintendent/Supervisor will be responsible for monitoring the behaviour of personnel on site and will report any claims or suspicions of discrimination or coercion to the Human Resource Advisor as soon as possible where this will be investigated and acted upon in accordance with the Building Code 2016.

When advertising for tenders, all Georgiou advertisements will display the model clause provided by the

ABCC to call for expressions of interest or requests for tender (however described) for the purposes of subcontracting Commonwealth Funded Building Work.



7.2 Subcontractor Compliance

Subcontractors will be contractually required to comply with the Building Code 2016 and the NSW IR Guidelines in order to qualify for their proposed scope of works.

Extracts from the Georgiou Subcontract for Major Works/Services (GC21) requiring subcontractors to

comply with the Building Code 2016 and WRMP are outlined below:

To ensure a coordinated Workplace Relations approach is adopted, subcontractors engaged by Georgiou

will be required to submit the following as part of the pre–qualification process for their proposed scope of works to assess their industrial relations risk and ability to comply with the Building Code 2016 and the NSW IR Guidelines. This assessment will be sent to all subcontractors and the review will be managed by the Human Resource Advisor before approval is granted:

A completed and signed Subcontract Industrial Relations Checklist declaring compliance with both the Building Code 2016 and the NSW IR Guidelines (this is an assessment of industrial instruments, conditions of employment, policies and procedures);

Provide an ABCC compliance letter for their relevant Enterprise Agreement or a Self-Declaration form for their relevant modern award, or other workplace arrangement, or an enterprise agreement made before 25 April 2014 that has not since been varied in accordance with section 207 of the Fair Work Act 2009.

Georgiou will only approve subcontractors who meet the requirements of section 23 of the Building Code 2016 and will not move forward with a subcontract until compliance is achieved.

Once a subcontractor has gained Georgiou approval for the Project, that subcontractor will be required to:

Provide evidence of self-audits regularly to Georgiou to ensure compliance with the Building Code 2016 and the NSW IR Guidelines;

Submit a completed monthly statutory declaration stating they have and will continue to comply with all applicable Commonwealth industrial agreements, including but not limited to the payment of correct wages and entitlements;

Provide Georgiou with written evidence of any occurrence where the subcontractor has reported underpayment of wages and entitlements to the ABCC for investigation;

Immediately advise Georgiou of any Right of Entry requests sent to the subcontractor; Notify Georgiou immediately of any attempted coercion, industrial action (protected or unprotected,

actual or threatened), industrial claim, potential or impending industrial dispute, or actual industrial dispute that may affect the Project;

Maintain appropriate employment, payroll and taxation records of their employees; Ensure all subcontractors and labour hire employees engaged on the Project are compliant with the

Building Code 2016 and the NSW IR Guidelines, and comply with the Georgiou WRMP nominated for the Project;

Ensure compliance with all statutory obligations and their Commonwealth industrial agreements; and Take all reasonably practicable steps to prevent or bring to an end any unprotected industrial action

taken by the employees of the subcontractor.

The Subcontractor must comply with the Building Code 2016. A copy of the Building code 2016 is available from the Australian Building and Construction Commission (ABCC).

The Subcontractor must comply with any applicable workplace relations management plan (‘WRMP’, as defined in the Building Code 2016), to the extent applicable to the Subcontractor, and must provide the ABCC with all required access and assistance in relation to the Subcontractor’s compliance with the Building Code 2016.

The Subcontractor must ensure that all subcontracts impose obligations on subcontractors and consultants equivalent to the Building Code 2016 obligations under this clause.



Extracts from the Georgiou Subcontract for Major Works/Services (GC21) requiring subcontractors to notify Georgiou immediately of any on site Workplace Relations issue are outlined below:

8. PART F – CONDITIONS OF EMPLOYMENT

Georgiou currently has the following Enterprise Agreements (EA) in place which will regulate the engagement of direct Georgiou labour on the Project:

Georgiou Group Operations Agreement 2019 Georgiou Group Trades and Services Agreement 2019

In addition, the Human Resource Advisor is responsible for overseeing the recruitment process for Georgiou candidates and ensures all new employees are provided with a Letter of Offer that is consistent with the conditions of their employment outlined in the EA’s.

As required Georgiou will undertake a review of the wage rates and a payroll report consisting of Georgiou employees’ wages and allowances to ensure no overpayments or underpayments are made. Corrective actions will be taken by the Human Resource Advisor if such errors are identified. A bi-annual review is undertaken of all Georgiou employees by the Human Resource Manager to ensure compliance with the above agreements and common law contracts.

The Georgiou EA’s will provide coverage for the Georgiou employees and complies with all Building Code

2016 requirements including having received an ABCC letter confirming compliance.

9. PART G – LABOUR PRODUCTIVITY

Labour productivity is a key measure of Georgiou’s business efficiency. Georgiou continuously strives to develop and implement improved systems to drive increased levels of efficiency and productivity.

Labour productivity and value for money is achieved by:

The Project Manager monitors cost versus productivity of key self-performed activities and compares

the results to the forecast budget cost/productivity measures (e.g. earthworks on a $ per cubic metre basis);

The Project Manager monitors and reviews productivity by comparison of the actual to-budget costs on a monthly basis which are collected in Georgiou’s financial systems;

The Subcontractor acknowledges and agrees that it is responsible for industrial relations involving its Sub-subcontractors, workers or agents.

The Subcontractor must:

Take all steps and measures to avoid and to minimise the consequences of industrial disputes affecting the Subcontract Works or the Project;

Advise Georgiou, and keep Georgiou fully informed, of any dispute that arises, or is likely to arise, among its Sub-subcontractors, workers or agents and the subcontractors, consultants or employees or agents of the Principal or other contractors;

Promptly inform Georgiou's Representative of any industrial dispute, potential industrial dispute, or demands made by its workforce, or any representative of its workforce, and of any other matter which could lead to industrial action affecting the continuity of the Subcontract Works or the Project or risks to the health and safety of any persons;

Comply, at its cost, with any reasonable direction by Georgiou's Representative issued with the objectives of reducing industrial disputation; and

Not be entitled to make any Claim arising out of or in connection with any industrial dispute.

The Subcontract must ensure that, at all times, each of its employees has the right to work in Australia, including in accordance with the provisions of a relevant work visa. Where an employee is working under a work visa, the Subcontractor must provide to Georgiou immediately upon request any information required by Georgiou in relation to the work visa.

http://intranet.georgiou.com.au/download/output/5726





Where productivity targets are not being met, the Project Manager will review construction methodologies and work practices to determine if more efficient practices could be implemented;

The Project Manager is also responsible for reviewing the Project program on a monthly basis to ensure that the current program is not being compromised and to take remedial action if current performance is not achieving the program milestones;

Subcontractor performance is managed by the Project Manager to ensure on-time, on-budget delivery of the subcontract works package;

The Superintendent/Supervisor manage plant, labour and other resources on a day to day basis in order to ensure that the programmed construction activities and milestones are met; and

The Project Manager will provide cost information to the Superintendent as a productivity measure of labour, plant and subcontractor efficiency.

The Project Manager and Superintendent/Supervisor will maintain the ability to determine when, where and by whom work will be performed to meet operational requirements by monitoring Inclement Weather and Rostered Days Off as detailed below.

Inclement weather such as rain and extreme heat are allowed for in the tender and this information is provided to the Project Manager at tender handover. The Project Manager then communicates this information to the Superintendent/Supervisor who will then plan work activities accordingly. Weather conditions are monitored by the Superintendent/Supervisor on a daily basis and daily works activities are scheduled to optimise productivity and minimise any potential delay anticipated due to forecast inclement weather.

The following steps are taken by the Superintendent to manage inclement weather:

Take steps to protect or isolate the employees from the inclement weather conditions;

Deploy the employees to other work (including alternative work sites), where the Employee can work safely in reasonable conditions where feasible; or

Stop work (and remain on site), until work can be undertaken safely and in safe conditions.

Rostered Days Off (RDO) have not been included as a necessary requirement of the Project and are not an entitlement of Georgiou employees whom are covered by the Georgiou EA’s. Subcontractor RDO calendars, if applicable, will be managed between the relevant subcontractor manager and the Georgiou Superintendent/Supervisor in accordance with applicable industrial instrument obligations. The Project will be operating a six day work week, other than public holidays. Subcontractors RDO’s will be factored into the daily works schedule by the Superintendent in consultation of the Project Manager in order to meet the operational requirements of the Project.

Other methods to optimise productivity on the Project:

Recruiting a skilled workforce; Training the workforce to ensure operatives are qualified and competent to perform the work; Allowing sufficient time in project planning for weather events such as rain and extreme heat (as

mentioned above); Using reliable and well-known suppliers to ensure materials are delivered on time; Embracing new information technology methods and devices in an effort to decrease time spent on

administrative tasks (e.g. Georgiou developed iPad applications).

Labour productivity is measured throughout the course of the Project and is a key component of monthly reporting to senior management on the Projects program status. Any deficiency identified in project progress is required to be addressed by the Project Manager and corrective actions identified to regain project financial and program targets. Improvements in labour productivity follow a continuous improvement methodology to identify unnecessary barriers to improved overall project productivity.

Potential barriers to productivity will also be identified prior to the Project’s commencement during the planning and scheduling stages.

The Project Manager holds the ultimate responsibility for productivity on the Project where they will, in conjunction with the Superintendent, act on any findings of poor productivity in a timely and effective manner to ensure the Project stays on track, as well as continually looking for enhanced productivity outcomes.



9.1 Implementing Sound Management Systems by Experienced Personnel

Georgiou provides sound management systems, with ISO accreditation in the areas of quality, safety and environment.

These systems coupled with experienced personnel in key roles are set to achieve key milestones and

results, recognising the importance of:

Excellence in stakeholder and community engagement, involvement and issue resolution with an experienced community relations & stakeholder manager;

Minimising environmental impacts on the surrounding environment from construction activities through the active intervention of professional staff, highly experienced in environmental & heritage requirements; and

Achieving an efficient construction program through focused scheduling and appropriate timeframes allowing for the attainment of milestone targets by the Project Manager.

10. PART H – ENGAGEMENT OF DIRECT LABOUR

Georgiou has well established recruitment and on-boarding practices utilising effective recruitment strategies and online systems to identify suitable candidates. Coupled with this process are flexible work practices and attractive career opportunities which maximise Georgiou’s ability to retain great employees.

The Georgiou recruitment process consists of the following steps:

The Project Manager determines the labour requirements for the Project, and completes an analysis of the skills and qualifications required;

The Human Resource Advisor is advised of the staffing and qualification requirements. To assist in the recruitment of wages personnel, a clear job description for each relevant position is developed and reviewed as required during the Project;

Prospective employees from the surrounding area are then targeted using appropriate advertising media;

Georgiou will ensure that its recruitment process provides adequate opportunity for Australian residents and Australian citizens to apply for employment through the placement of local advertisements. Locals are to be given preference before looking to employ non-citizen or non-residents (non-residents or non-citizens will only be engaged if Georgiou determines that there is insufficient qualified local labour available and only if they hold the correct working rights/visa) and will ensure that the Building Code 2016 obligations within section 11F are maintained;

Candidates are required to provide copies of their qualifications, licences and proof of their right to work in Australia, to the recruitment team who will retain secure copies;

Thorough reference checks (2), are undertaken by the recruitment team and will be conducted using a standard behavioural based interview process. Particular emphasis is placed upon the determining the proven experience in the selected project role in the applicant’s prior working history; and

All prospective employees will be required to attend a pre-employment health assessment. The assessments will be made by a certified medical practitioner for the purpose of determining a prospective employee’s medical condition and as a means to determine a candidate’s suitability to perform a work task safely and without injury.

All aspects of the Georgiou recruitment, selection and on-boarding procedure comply with Freedom of Association obligations with the Building Code 2016 and NSW IR Guidelines.



11. PART I – FREEDOM OF ASSOCIATION

Georgiou will comply with the Freedom of Association guidelines as cited in section 13 of the Building Code 2016 by ensuring the below:

Objective/Prohibition Action by Georgiou Process & Responsible personnel

Policies

Georgiou and its subcontractors will ensure that its policies and practices reflect the following requirements: ensure that personnel are; (i) free to become, or not become, members of a building association; (ii) free to be represented, or not represented, by building associations; and (iii) free to participate in, or not participate in, lawful industrial activities; and (iv) not discriminated against in respect of benefits in the workplace because they are, or are not, members of a building association.

The Human Resource Advisor ensures that all policies and procedures do not act against the conditions of Freedom of Association. The Human Resource Advisor will ensure during the subcontractor approval process that subcontractor policies and procedures also do not breach the conditions of Freedom of Association.

Personal Information

Georgiou will ensure that personal information is dealt with in accordance with the Privacy Act 1988 and the Fair Work Act 2009. Names and details of those whom Georgiou wish to engage or employ will not be provided to third parties, other than in strict compliance with the law (or relevant enterprise agreement).

The Human Resource Advisor will manage all confidential information in accordance with the Privacy Act 1988 and the Fair Work act 2009. The HSE Advisor will also follow this process (Part C – Induction).

Union Membership

Georgiou will ensure that ‘no ticket, no start’ signage or similar, is not displayed, that ‘show card’ days do not occur, and that no other conduct occurs which implies that union membership is anything other than a matter for individual choice, including encouraging or discouraging a person from becoming, or remaining, a member of a building association. No person will be required to disclose whether they are a member or a building association.

Georgiou induction and on-boarding material does not ask for this information. The Human Resource Advisor maintains recruitment records and the HSE Advisor maintains the induction material.

The Superintendent and other site staff will monitor any observed activity by building association representatives to attempt to conduct show card days and advise the Project Manager immediately if such activity is suspected. Such activity may be outside the site boundary. The Project Manager, in consultation with the Human Resource Advisor, will take such action as is necessary to stop such activity, including calling the police if necessary. The ABCC will also be notified of any such occurrence.

The Human Resource Advisor conducts regular site visits to audit compliance with the relevant legislation to ensure the correct policies and procedures are displayed in the site office, crib room and noticeboards.




The Project Manager and Superintendent will ensure during the pre-start meeting and throughout the duration of each day that no material that contravenes freedom of association is displayed on any noticeboards, equipment or buildings. If it is at any point found on site, this material will be removed immediately by the Project Management team and reported to the Human Resource Advisor who will then investigate and report where necessary to the ABCC.

Inductions

Officials, delegates or other representatives of a building association will not undertake or administer induction processes. Georgiou will ensure that ‘secondary’ inductions are not conducted by representatives of building associations.

See Part C – Induction where the HSE Advisor and Project Management team will ensure this does not occur.

Discrimination

Personnel will not be discriminated against or disadvantaged in respect of benefits in the workplace because they are, or are not, members of a building association. Employee representatives will not be discriminated against or disadvantaged.

Workplace bullying, harassment or discrimination will not be tolerated. Any complaints arising about such actions must be immediately dealt with by the responsible supervisor. The Human Resource Manager must be informed of such issues and an investigation conducted under the guidance of the Human Resource Manager. If the matters raised are confirmed, immediate action should be taken under the provisions Georgiou’s Unacceptable Workplace Behaviour procedure which provides a consistent and fair approach to dealing with such matters.

Membership information or status is not requested by Georgiou at any point throughout the engagement of any personnel on the Project. This information is confidential with personnel advised of their Freedom of Association rights and obligations to report non-compliant behaviour to the Project Manager and/or the Human Resource Advisor during the induction process (Part C). Employees who identify as employee representatives are not discriminated or disadvantaged on the Project.

The Project Management team will ensure actions that are

not consistent with the Freedom of Association obligations such as discrimination or attempts to disadvantage those belonging or not belonging to a building association or those who have been elected as an employee representatives, are identified and brought before the Human Resource Advisor who will investigate such action with the Unacceptable Workplace Behaviour Procedure and if required, report to the ABCC in accordance with the Building Code 2016 as a potential breach.




Signs Signs that seek to vilify or harass employees who participate, or do not participate, in industrial activities will not be displayed on this or any other Georgiou project.

This will be monitored strictly by the Project Manager and Superintendent to ensure that no such signage is displayed and that employees are not vilified.

Freedom of Association

Employees have freedom of association in deciding whether to be represented in a grievance or dispute procedures (whether or not pursuant to an enterprise agreement), and, if so, by whom.

The Georgiou Enterprise Agreement’s Dispute Resolution clause provides for freedom of representation which will be managed by the Human Resource Advisor and the Project Manager.

Forms Any form that requires an employee or subcontractor to identify their union status, is prohibited from use.

Recruitment, on-boarding and induction forms do not request information regarding union status. This is managed closely by the Human Resource Advisor and the HSE Advisor (regarding inductions).

Refusal to employ or terminate

Employees and subcontractors will not be refused employment or subject to termination based on their union status.

The Human Resource Advisor will ensure the recruitment and termination process does not take into consideration union status or any other discriminative factors.

Reasonable request by delegate to represent

Georgiou will not refuse a reasonable request by workplace delegates to represent employees in relation to grievances and disputes or discussions with a member, or potential member, of a building association.

Georgiou will ensure reasonable requests will not be refused during a dispute resolution process.

All requests from a workplace delegate regarding representation rights, will be communicated to the Human Resource Advisor such that Georgiou can ensure that the person is identified as a bona fide representative on industrial matters and that grievances, disputes or discussions are progressed in a reasonable timeframe and manner and not unreasonably refused.

Non-working shop steward

Georgiou will not employ a non-working shop steward or job delegates. Georgiou will not permit the imposition, or attempted imposition, of a requirement for any employer on site to employ a non-working shop steward or delegate or to hire an individual nominated by a union.

The Project Manager will ensure that this does not take place and the Human Resource Advisor will manage the recruitment process and monitor the subcontractor approval process strictly.

Logos and indicia

Building association logos, mottos or other indicia are not applied to the Georgiou’s property or equipment, or to clothing supplied or provided for by Georgiou.

The Project management team will monitor the condition of

the Project and site facilities to ensure that prohibited




material is not displayed. This will be communicated during

the onsite induction process by the HSE Advisor.

Bargaining Fee

Georgiou will ensure that individuals will not be required to pay a ‘bargaining fee’ (howsoever described) to a building association of which the individual is not a member, in respect of services provided by the association.

Georgiou will provide this information during the inductions regarding coercion and the right to Freedom of Association. This is also shown in the Employee and Industrial Relations Policy displayed throughout the site.

The Project Manager will ensure these obligations and clearly outlined to the Project team and subcontractors. The above standards and practices will apply to any and all employees on site including all subcontractors engaged to perform works on the Project and all contraventions will be reported to the ABCC as required by the Building Code 2016 and the CCU as required by the NSW IR Guidelines.



12. PART J – ENTRY TO PREMISES

Union right of entry onto site will be managed strictly in accordance with the law. Georgiou is responsible for complying with ‘Union Right of Entry’ responsibilities under section 14 of the Building Code 2016, the NSW IR Guidelines, the Fair Work Act 2009 and Work Health and Safety Act 2011.

Right of Entry training is provided through the Georgiou internal training system known as LEAP and is completed by all key Georgiou personnel including the Project Manager, Superintendent, Supervisors, Engineers, HSE Advisor, Human Resource Advisor and other key staff. All subcontractors and employees on the Project are made aware of their obligations regarding Right of Entry during the site induction process. The information is also documented in prominent positions around the site displaying the Georgiou Right of Entry – A Three Step Guide document (Appendix C), which complies with section 14 of the Building Code 2016, the NSW IR Guidelines, the Fair Work Act 2009 and the Work Health and Safety Act 2011.

To ensure the Union Right of Entry process works smoothly, the following shall occur:

Georgiou shall immediately advise the client when an entry notice is received by Georgiou notifying of

a visit or an intended visit by a union official and advise the client of the purpose of such visit; Georgiou shall ensure that its Project Manager, Superintendent, Supervisors and HSE Advisor are

educated in the Right of Entry process and able to competently record the details of the visiting union official at each visit on the electronic Right of Entry Record form (which is accessed through the Georgiou OneApp system) and ensure that any visiting officials complete any required site visitor inductions and are wearing any required PPE before entry;

Right of Entry - A Three Step Guide (Appendix C) will be on display in site offices and all subcontractors will be made aware of the process and instructed to notify Georgiou immediately of any Right of Entry request they receive;

Georgiou will respect the rights of unions and ensure that such rights are not abused or exceeded by an accredited union official who represents a union with legitimate statutory industry or safety coverage applicable at the Site, or who has visitation rights under the relevant employment related legislation in accordance with the NSW IR Guidelines of Practice; and

The permit holder must conduct interviews or hold discussions in the rooms or areas of the site agreed with the Project Manager or their authorised representative. If the permit holder and Project Manager cannot agree on the room or area to hold discussions or interviews, the permit holder may hold discussions or interviews in rooms where persons take meal or other breaks.

Unauthorised entry will be managed by ensuring the following steps are taken:

Notify the official of their right to enter and the conditions of entry as required by the relevant legislation;

If the requirements are not satisfied, the official will be asked to leave the site immediately and the client notified;

In the case of persistence by the official or in more serious cases the police will be notified; Lastly, any unauthorised entry will be reported as a breach in the Building Code 2016 to the ABCC and

the NSW IR Guidelines to the CCU.

12.1 Site Security

Security will be managed on site by the following:

Prior to site mobilisation, an assessment of the potential for security breaches will be undertaken by the Project Manager and a plan developed which will address measures to ensure controlled access during working hours, security of the site after hours and any unusual aspects or geographical features which could compromise controlled access to the site;

This plan will also incorporate measures to ensure public safety and safe access and egress while respecting and protecting the local community;

The site compound where the office, crib room, toilets and training rooms are located, will be secured by a lockable fence with a security system (where possible);

Any sensitive material will be secured in lockable cabinets and valuable materials secured in a lockable sea container;

All personnel (employees and subcontractor employees) on site must be inducted and will be provided with an induction card and/or a helmet sticker to identify themselves as having been inducted;



At induction, all personnel will be advised to report suspected or actual unauthorised entry to the Project site or office immediately by two-way radio to the Superintendent/Supervisor;

All personnel on site will attend the pre-start talk at the start of every shift where they will sign the prestart form and this will provide a list of personnel whom are authorised to work during on site for the shift.

Methods for identification and notification of unauthorised entry:

Adequate signage is displayed on the site fences and buildings to direct visitors, deliveries and other unauthorised personnel to direct them to the site office for assistance;

All personnel on site must have correct PPE (hard hat, high vis clothing, steel cap boots); Georgiou site specific induction sticker must be displayed on the hard hat or an induction card must

be shown upon request; Any personnel identified with the above identification mechanisms will be reported to the

Superintendent/Supervisor immediately who will promptly remove the unauthorised person from site or transport them to the site office for completion of the Georgiou Induction (to be held by the HSE Advisor);

All induction records and confidential information is maintained electronically within the secure Georgiou document management system and is accessible by the Project Manager and HSE Advisor.

13. PART K – GRIEVANCE MANAGEMENT

13.1 Direct Employees

Georgiou has established the following procedures for managing grievances in the workplace:

Unacceptable Workplace Behaviour Procedure; Managing Misconduct Procedure; and Managing Substandard Performance Procedure.

The Georgiou Enterprise Agreements also have dispute settlement processes that are in accordance with the Building Code 2016 and the NSW IR Guidelines.

The Project Manager is responsible for recording details of any grievances from staff or subcontractors and

supplying this information to the Georgiou Human Resources Advisor for advice and support in resolving the issue. Data from all complaints or grievances will be compiled and analysed to understand the nature and frequency of grievances amongst both employees and subcontractors. The Project Manager will therefore be better informed to proactively address issues and where applicable prevent grievances arising in the future.

Freedom of Association in representational rights is advised to all site employees during the induction as noted elsewhere. Freedom of Association will also be communicated by the Project Manager and/or Human Resource Advisor to personnel at the time of being notified of a grievance and the complainant’s ability to change that choice at any time during the process will be made clear. Employees may exercise their right to be represented or supported by a person of their choice, at any stage in the process whether that be from a building association or any other representative.

Georgiou will, in accordance with the Building Code 2016 and the NSW IR Guidelines, notify the client

representative immediately of any grievance or action that is expected to impact the Project schedule, timeline or costs.

13.2 Subcontractors

Subcontractors will be asked to declare that they comply with all provisions and requirements consistent with the Building Code 2016 and NSW IR Guidelines, which will be assessed by the Human Resources Advisor.

Subcontractors will also be advised that they are to notify the Superintendent/Supervisor and/or the Project Manager in writing immediately following the receipt of any claim or grievance from one of their own employees or subcontractors if this grievance has occurred whilst working on the Project, or if the grievance is expected to impact the Project in any way. The subcontractor will be required to provide



details of the grievance, the scope of the grievance, the expected impact of the grievance process on the Project and an expected timeframe for resolution.

13.3 Reporting

If any grievances or disputes are likely to result in a breach of the Building Code 2016, the NSW IR Guidelines or the Fair Work Act 2009, such as industrial action or a breach of the Work Health and Safety Act 2011 (NSW), the Project Manager will notify the Human Resource Advisor immediately who will then notify the ABCC as required by the Building Code 2016 and the CCU as required by the NSW IR Guidelines.

14. PART L – INDUSTRIAL IMPACTS

At Georgiou we believe that by creating a positive relationship with our employees through open and honest communication and making employee safety our number one priority (through our values of Safety, People, Relationships, Profit and Innovation), Georgiou builds a sound foundation of trust and mutual respect with our employees and thereby minimises grievances and the occurrence of Industrial Action on our Projects.

As defined by the Fair Work Act 2009, Industrial Action is:

Employees performing work in a manner different to how it is normally performed; Employees adopting a practice that restricts, limits or delays the performance of work; The restriction, ban or limitation to perform work by an employee; A failure or refusal to attend for work or perform work; and The lockout of employees from their employment by the employer.

Employees and employers can only take protected industrial action when they are negotiating a proposed

enterprise agreement, and that agreement is not a Greenfields agreement or a multi-enterprise agreement.

Industrial Action is not protected if it is taken prior to the nominal expiry date of the agreement.

However, under the Building and Construction Industry (Improving Productivity) Act 2016, action is

not protected industrial action if the action is protected industrial action (within the meaning of the FW Act) for a proposed enterprise agreement, but the action is engaged in concert with one or more persons who are not protected persons, or the organisers include one or more persons who are not protected persons.

A protected person is an employee organisation (within the meaning of the FW Act) that is a bargaining representative for the proposed enterprise agreement, a member of such an organisation who is employed by the employer and who will be covered by the proposed enterprise agreement, an officer of such an organisation acting in that capacity or an employee who is a bargaining representative for the proposed enterprise agreement.

Secondary boycott is the action of:

A person, in concert with a second person engaging in conducts that hinders or prevents a third person from supplying good and services to a fourth person, or a third person acquiring good and services from a fourth person.

This may occur for the following two purposes:

To have the effect of causing a substantial lessening of competition in any market in which the fourth person supplies or acquires goods or services; and

To have the effect of causing substantial loss or damage to the business of the fourth person.

All Georgiou management and Subcontract management will understand (through instruction) what actions, requests or demands might trigger the reporting requirements of section 16 (4) of the Building Code 2016. Furthermore, all Georgiou management and Subcontract management will be instructed in the operation of the WRMP.

In the case of industrial action, Georgiou will ensure the following:



Georgiou will take reasonable steps to prevent or bring to an end industrial action that is not protected action by Georgiou employees such as taking legal action with the Fair Work Commission.

Georgiou will report all threatened or actual industrial action, whether it is protected or not protected, to the CCU within 24 hours after becoming aware of the threat or action.

Georgiou will report all threatened or actual industrial action, whether it is protected or not protected, to the ABCC as soon as practicable, but no later than 24 hours after becoming aware of the threat or action.

Demands of secondary boycott within the meaning of the Competition and Consumer Act 2010, either made directly or indirectly, will be reported to the ABCC as soon as practicable, but no later than 24 hours, after the request or demand is made.

In accordance with sections 470 and 474 of the Fair Work Act 2009, Georgiou prohibits the making of strike payments for both actual protected and unprotected industrial action. Payments will not be made to employees or subcontractors for lost time due to actual protected or not protected industrial action. This information will be advised during site inductions and throughout the life of the Project.

In the event of any lost time on the Project due to Protected or Unprotected Industrial Action, the Project Manager shall be responsible for the collection and collation of information in respect to actual losses and costs to the Project. All action that is actual protected or not protected industrial action will be reported to the Project Manager and/or the Superintendent to record in the Industrial Stoppage form (Georgiou) which will be distributed by the Georgiou Human Resource Advisor.

The action will be reported to the ABCC and the CCU in accordance with the Building Code 2016 and the NSW IR Guidelines. The issue will then be managed between the Human Resource Advisor and Project Manager as a formal investigation consisting of affidavits and witness statements and include details of the personnel involved, the issues underlying the action, unions involved, and the proposed nature and duration of the action. This will be collated by the Human Resource Advisor and presented in a formal report to the Human Resource Manager for assessment and further action.

Payroll reports will be reviewed by the Human Resource Advisor to ensure strike payments are not made to employees engaged in or having been engaged in actual protected or not protected industrial action. Attendance information will be reconciled by checking attendance/sign-on forms for the daily prestart and Georgiou employee timesheets. Georgiou will require statutory declarations from all subcontractors confirming that strike payments have not been made to subcontractor employees engaged in or having been engaged in actual protected or not protected industrial action.

The Human Resource Manager will be available to all Georgiou employees and subcontractors for consultation regarding legal responses to unprotected industrial action. The responsibility of the Human Resources Advisor will be to ensure that guidance and support is made available regarding the above mentioned Industrial Impacts and the reporting requirements.

In the event of Unprotected Industrial Action occurring on this project, Georgiou is prepared to take any and all legal necessary steps available in order to bring an end to the disruption. Such disruptions may include rallies, protests or any other activities nationols that may result in lost time for the Project. Preventative and remedial action by Georgiou will be managed in accordance with the Building Code 2016 and will, where necessary, include engaging external Legal Advice to advise and facilitate these measures, should the need arise.

If cost recovery action is initiated following any Protected or Unprotected Industrial Action and Georgiou is considering a settlement or withdrawal from those proceedings, the Project Manager shall discuss with the client, the ABCC and the CCU the proposed actions and reasons before any such action is taken

15. PART M - COMPLIANCE WITH THE BUILDING CODE 2016

Georgiou will endeavour to ensure the Project operates in accordance with the requirements of the Building Code 2016.

15.1 Reporting

Georgiou will ensure that section 17 of the Building Code 2016 is followed strictly as per below:



The Human Resource Advisor will notify the ABCC of a breach or suspected breach as soon as practicable, but no later than 2 working days after the Company becomes aware of the breach or suspected breach;

The Human Resource Advisor will ensure that it notifies the ABCC of the steps that it has taken or is intending to take in order to rectify the breach and the outcome of such actions; and

Within 14 days of the breach or suspected breach, the Human Resource Advisor will update the ABCC on the steps it has taken to rectify the breach and the outcomes of such actions.

15.2 Actions and behaviours on site

As the first point of communication with all personnel, the on-site induction will include and ensure provisions of the Building Code 2016 are communicated to all employees, subcontractor employees and visitors. Building Code 2016 compliance will be promoted in the induction and via onsite posters informing people on site of the Right of Entry guidelines as well as information regarding the requirements of Freedom of Association (refer to Part D – Communication).

15.3 Audits and reviews

The Human Resource Advisor will monitor compliance with the WRMP on a regular basis in conjunction with the Project Manager. A review of the WRMP will be conducted within three months of the commencement of the Project and then on an as-required basis periodically throughout the delivery of the Project.

As required Georgiou will undertake a review of the wage rates and a payroll report consisting of Georgiou employees’ wages and allowances to ensure no overpayments or underpayments are made. The Human Resource Advisor will check to ensure correct wage rates and allowances are paid in accordance with the EA and that over and underpayments are not made. Any errors, if found will be corrected. An audit is undertaken by the Human Resource Manager bi-annually and throughout the annual review process to ensure wages and allowances are made in accordance with the Georgiou Enterprise Agreements.

16. PART N – FITNESS FOR WORK POLICY

Refer to Appendix D for Georgiou’s Fitness for Work Policy and our Drug & Alcohol Testing Procedure.

Compliance with the Fitness for Work Policy is enforced through the following methods and provides

Georgiou with the right to remove any person from the Project if they don’t comply:

Employees are bound through their employment contract to comply with all Georgiou policies and procedures; and

Compliance by Subcontractors and Consultants is enforced through the subcontractor or consultant’s formal contract agreement.

Visitors are required to undertake a visitor induction which outlines the compliance requirements for the Fitness for Work Policy and are escorted at all times on site during their stay.

17. PART O – SECURITY OF PAYMENTS

17.1 Generally

Georgiou will ensure that all applicable laws and other requirements relating to the security of payments that are due to persons in respect of building work will be adhered to throughout the life of the Project by Georgiou by ensuring that:

1. Its form of subcontract agreements are kept up to date with any legislative changes by undertaking, as a minimum, bi-annual reviews of its subcontract documentation to ensure compliance;

2. Undertake project reviews conducted by its Risk business unit to ensure that Georgiou’s projects are in full compliance with applicable laws. As a minimum, a project review will be conducted within the first 3 months of commencement and thereafter on an as necessary basis;

3. Discrepancies are reported to the relevant Executive General Manager and prompt action is taken to rectify any non-conformance.



17.2 Payments

How Georgiou will ensure that payments which are due and payable by the tenderer are made in a timely manner and are not unreasonably withheld;

Refer to Georgiou Subcontract for Major Works/Services (GC21) form of agreement General Condition 31.1

Progress Payments.

Further, Georgiou undertakes project reviews that are independently conducted by the Commercial

Manager – Eastern Region to ensure compliance with its contractual and procedural requirements. These are typically conducted within 30% completion of the Project and then on an as-required basis periodically throughout the delivery of the works. It is also a remit of Georgiou’s internal financial auditor to ensure compliance with its statutory obligations and to report any non-conformances.

(a) Georgiou will pay the Subcontractor the amount certified as due to the Subcontractor under the Payment Certificate (or if no Payment Certificate is issued by Georgiou’s Representative, the amount of the Progress Claim) by the later of: i. unless the agreement in clause 32.4 terminates as a result of clause 32.4(f), five (5) Business Days after

Georgiou issues a RCTI for the amount shown in the relevant Payment Certificate under clause 31.2; ii. two (2) Business Days after provision to Georgiou of a monthly report in accordance with clause 7.12;

iii. two (2) Business Days after provision of all Security in accordance with clause 4; or iv. two (2) Business Days after provision to Georgiou of certificates of currency of all insurances referred to

in clause 35, but in any event, within fifteen (15) Business Days after a Progress Claim is made.



17.3 Payment Disputes

For Georgiou’s documented disputes process which details how disputes about payments to subcontractors will be resolved, refer to Georgiou Subcontract for Major Works/Services (GC21) form of agreement, General Condition 38, Dispute Resolution set out below:

Alternatively, a Subcontractor wishing to dispute a payment may seek adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW) as referred to below under the heading Referral Process.

Timeframes for referral to adjudication vary depending on the nature of the dispute and are as follows:

1. In the event that Georgiou falls to serve a payment schedule within 10 days of receipt of a Payment Claim and does not pay the full amount within the Progress Claim by the due date:

a. Subcontractor must serve an Adjudication Notice in accordance with s17(2) of the Act within 20 business days from the due date

b. Georgiou must prepare and serve a Payment Schedule within 5 business days c. If the Subcontractor disputes the payment schedule its obligations are in accordance with dot

point 2(b) below d. If Georgiou does not serve a Payment Schedule the Subcontractor may serve an adjudication

application within 10 business days following the expiry of the Adjudication Notice (s17(2))

38 DISPUTE RESOLUTION

38.1 Notice of Dispute

If a dispute or difference arises between Georgiou and the Subcontractor in respect of any fact, act, matter or thing in connection with this Subcontract (whether before or after termination of this Subcontract), then the party claiming that a dispute or difference has arisen must give the other party a written notice of dispute identifying the dispute or difference (Dispute Notice).

38.2 Negotiation

Within fourteen (14) days after a party receives a Dispute Notice, Georgiou's Representative and the Subcontractor's Representative and/or their delegates must meet and attempt to resolve the dispute or difference in good faith.

38.3 Senior Executive meeting

If the dispute or difference is not resolved under clause 38.2, then no later than twenty eight (28) days after a party receives a Dispute Notice, the senior executives of each party nominated in Item 19 of Schedule 1 must meet to negotiate in good faith a resolution of the dispute or difference.

38.4 Mediation

(a) If the dispute or difference is not resolved under clause 38.3, then no later than forty two (42) days after a party receives a Dispute Notice, a party may provide a mediation notice to the other proposing mediation and nominating three mediators who would be suitable to mediate the dispute or difference in Sydney, New South Wales.

(b) The mediator must then be selected as follows:

i. by agreement; or ii. if the parties cannot agree on a mediator within seven (7) days of the mediation

notice being issued, then either party may request the Chair of the NSW Chapter of Resolution Institute to appoint a mediator. In making that appointment, the Chair need not appoint any of the mediators proposed by the parties.

(c) Except as modified by this clause 38.4, the mediation will be conducted in accordance with Resolution Institute Mediation Rules, current at the time the dispute or difference is referred to mediation.

38.5 Litigation

If, within fourteen (14) days of a mediation held in accordance with clause 38.5 the dispute or difference is still not resolved, then either party may proceed to litigation but nothing in this clause 38 prevents a party from seeking urgent interlocutory relief or commencing proceedings where there is a statutory right to do so.



2. In the event that Georgiou serves a payment schedule within 10 days of receipt of a Payment Claim: a. If the full or any part of the scheduled amount is not paid by the due date the

Subcontractor may serve an adjudication application within 20 business days from the due date for payment. In this case, Georgiou must serve its adjudication response within 5 business days of receipt of the adjudication application or 2 business days after receipt of notice of an adjudicator’s acceptance of the adjudication application.

b. If the Subcontractor disputes the Payment Schedule it may serve an adjudication application within 10 business days of receipt of the Payment Schedule. Georgiou must serve its adjudication response within 5 business days of receipt of the adjudication application or 2 business days after receipt of notice of an adjudicator’s acceptance of the adjudication application.



17.4 Referral Process

Set out below is the contracted process for referral to an independent adjudicator for determination if the disputes cannot be resolved between the parties.

Refer to Georgiou Subcontract for Major Works/Services (GC21) form of agreement General Condition 57 Security of Payment Act.

The subcontractor referral to independent adjudication is in accordance with the NSW Act, including the timeframes and obligations on the claimant and respondent parties. A bi-annual review of Georgiou’s subcontract agreements will ensure that the agreements reflect changes in legislation as and when they occur.

Georgiou will ensure that Item 33 Schedule 1 of Georgiou’s GC21 subcontract will denote that an adjudication application made under the Building and Construction Industry Security of Payment Act 1999 (NSW) will be made to an Authorised Nominating Authority (ANA) to nominate an adjudicator.

Georgiou will comply with the Security of Payment independent adjudication process and with any determination made by the adjudicator.

17.5 Dispute resolution

How Georgiou will, as far as practicable, ensure that disputes (including those referred to an independent adjudicator) are resolved in a reasonable, timely and cooperative way;

Refer to Georgiou Subcontract for Major Works/Services (GC21) form of agreement General Condition 38 Dispute Resolution and more specifically 38.2 and 38.3. These provisions ensure that the Parties attempt to resolve any dispute first by way of negotiation and failing this by the meeting of senior executives to negotiate a resolution in good faith, or after being referred to an independent adjudicator which shall be undertaken in a reasonable, timely and cooperative way.

Further, Georgiou undertakes project reviews that are independently conducted by the Commercial Manager – Eastern Region to ensure compliance with its contractual and procedural requirements. These are typically conducted within 30% completion of the Project and then on an as-required basis periodically throughout the delivery of the works.

17.6 Project Bank Accounts

Where the NSW Government Construction project requires that a Project Bank Account (PBA) is used, the PBA will be opened and maintained by Georgiou into which the principal will deposit contract payments. Simultaneous payments will then be made from the PBA to Georgiou’s ‘normal’ bank account and to the subcontractors. The PBA will have a trust status established through a Trust Deed. Georgiou will submit monthly payment claims for assessment by the principal who will issue a payment schedule setting out the amount proposed to be paid. These payments will be made into the PBA.

On receipt of the payment schedule, Georgiou will provide the principal with an authorisation for the release of those funds from the PBA. The authorisation will identify the amounts if any to be released to the subcontractors, the amount due to Georgiou and any subcontract retention amounts to be held in the PBA.

The Principal will sign the authorisation and return it to Georgiou and deposit the scheduled amount into the PBA. Georgiou will forward the authorisation to the Project bank who will electronically distribute the funds to the subcontractors and to Georgiou.

(a) Georgiou and the Subcontractor agree that: i. The appointed adjudicator for the purposes of any adjudication under the Security of Payment Act is

the first adjudicator listed in Item 33 of Schedule 1 unless that person is unavailable, in which case it shall be the second adjudicator listed unless that person is unavailable, in which case it shall be the third adjudicator listed; or

ii. If no such adjudicators consent to act or no adjudicators are listed in Item 33 of Schedule 1, then the authorised nominating authority shall be the entity stated in Item 33 of Schedule 1.



In accordance with the amended Building and Construction Industry Security of Payment Regulation 2008, where required Georgiou will ensure that all retention money it holds will be held in a trust account with an authorised deposit taking institution.

Further, Georgiou undertakes project reviews that are independently conducted by the Commercial Manager – Eastern Region to ensure compliance with its contractual and procedural requirements. These are typically conducted within 30% completion of the Project and then on an as-required basis periodically throughout the delivery of the works. It is also a remit of Georgiou’s internal financial auditor to ensure compliance with its statutory obligations and to report any non-conformances.

17.7 Disputed Payments

Georgiou will ensure that any disputed payments, either a referral to adjudication in accordance with the Building and Construction Industry Security of Payment Act 1999 (NSW), or in accordance with Clause 38 of the Major Works/Services (GC21) form of agreement, or delayed progress payments, either delayed beyond the provisions of Clause 31.1 of the Major Works/Services (GC21) form of agreement or a delayed amount that is due and payable in accordance with a determination of an adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW), are reported to the ABC Commissioner and the relevant funding entity as soon as practicable after the date on which the payment falls due.

Where the subcontractor disputes a Payment Schedule provided by Georgiou, Georgiou shall provide written details of the payment dispute with copies of any supporting information to the ABC Commissioner and the relevant funding entity. Through the existing mechanisms of the subcontract agreement, which includes elevating the matter to senior Georgiou management, Georgiou will attempt to resolve the payment dispute in a reasonable, timely and cooperative way. The ABC Commissioner and the relevant funding entity will be provided with status updates on the matter at regular and appropriate timing.

Refer to Georgiou Subcontract for Major Works/Services (GC21) form of agreement General Condition 18 National Code.

Further, Georgiou undertakes project reviews that are independently conducted by the Commercial Manager – Eastern Region to ensure compliance with its contractual and procedural requirements. These are typically conducted within 30% completion of the Project and then on an as-required basis periodically throughout the delivery of the works. It is also a remit of Georgiou’s internal financial auditor to ensure compliance with its statutory obligations and to report any non-conformances.

(a) The Subcontractor must comply with the Building Code 2016. A copy of the Building Code 2016 is available from the Australian Building and Construction Commission (ABCC).

i. The Subcontractor agrees that the Subcontractor and its related entities (as defined in the National Code) will agree to a request from the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the ABCC, to produce specified information within a specified period.

ii. The Subcontractor must comply with any applicable workplace relations management plan (‘WRMP’, as defined in the National Code), to the extent applicable to the Subcontractor, and must provide the ABCC with all required access and assistance in relation to the Subcontractor’s compliance with the National Code.



APPENDIX A – PROJECT ORGANISATION CHART

<insert organisational chart for tender submission



APPENDIX B – PROJECT LIST INDUSTRIAL RELATIONS TRACK RECORD

Project Number Project Name Award Date Original Contract

Completion Date

Revised Contract Completion (or

Practical Completion) Date

Original Contract Value

(exc. GST)

Final Contract Value

(exc. GST)

Time & Budget Variance due to

Industrial Relations (Y/N)

Why time or

Budget Increased

New South Wales

6102

Kooragang Island Waste Emplacement Facility Stage 4 Closure Works

(Area K10 South) Construction & Related

Services

17/08/2016 13/06/2017 23/05/2017 $4,566,488 $4,105,176 N

Project was delivered

$328,000 under budget and 3-

weeks ahead of

schedule

6103

Newell Highway - Grong Grong Curve Realignment

31/10/2016 14/11/2017 02/02/2018 $8,229,067 $10,108,529 N

Client approved design changes, variations and

additional works

1624 Lot 20 Eastern Creek 25/01/2017 30/03/2017 13/02/2018 $3,918,077 $7,019,562 N Client approved variations and

additional scope

6101 The Northern Road Upgrade, Stage 1

18/11/2015 16/10/2017 01/12/2018 $57,687,369 $86,984,498 N

Client approved variations,

additional scope

of works and EOT

6105 M1 Weakleys Drive

Intersection Upgrade 05/02/2018 31/12/2018 10/04/2019 $13,453,436 $15,700,793 N

Client approved scope changes and

additional work and EOT including

wet weather



Project Number Project Name Award Date Original Contract Completion Date

Revised Contract Completion (or

Practical Completion) Date

Original Contract

Value

(exc. GST)

Final Contract

Value

(exc. GST)

Time & Budget Variance due to

Industrial Relations (Y/N)

Why time or Budget Increased

5502

RAAF Base Williamson PFAS Water Treatment

Plan 09/07/2019 29/03/2019 29/03/2019 $2,479,744 $2,242,693 N

Savings passed onto client

6104

HW10 Woolgoolga to Ballina (W2B), Pimlico to Teven Stage 3 – Section

11

10/02/2017 13/09/2019 18/09/2019 $41,472,541 $48,188,034 N Client approved

variations

6108 Northwest Finishing &

Ancillary Works 22/10/2018 20/12/2019 28/02/2020 $25,733.935 $29,960,412 N

Client approved variations and

additional scope

6109 Old Windsor Road, Bella

Vista 14/12/2018 06/02/2020 20/03/2020 $8,867,927 $10,499,882 N

Client approved variations and

additional scope

9811 The Northern Road Upgrade, Stage 4

04/07/2018 16/07/2020 30/10/2020 $123,856,706 $124,921,124 N

Client approved variations and increase in SOR

error



APPENDIX C – RIGHT OF ENTRY THREE STEP GUIDE


Project Title Here WORKPLACE RELATIONS MANAGEMENT PLAN The Bays Road Relocation – Construction Only Package

APPENDIX D - FITNESS FOR WORK POLICY & DRUG & ALCOHOL TESTING PROCEDURE


Project Title Here WORKPLACE RELATIONS MANAGEMENT PLAN The Bays Road Relocation – Construction Only Package

workplace relations - georgiou

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