13.9.1 Attachment N2NS EOI Draft WRMP

.
Workplace Relations Management Plan
GAMUDA (AUSTRALIA) BRANCH

MARTINUS RAIL
PROJECT: Inland Rail – N2NS by ARTC
DOCUMENT DISTRIBUTION
The following people have a stated interest in this document and should be informed of any changes to
content:
Revision Date
Executive Director
Head of HR & Administration
Manager Supply/Procurement
Superintendent
Head of Projects
Gamuda (Australia) Branch Workplace Relations Management Plan
Martinus Rail Inland Rail – N2NS
Document Control
This Plan interfaces with the other associated plans, which together describe the proposed overall
project management system for the Project.
The latest revision of this plan is available on the Martinus-Gamuda server. If any unsigned hard
copies of this document are printed, they are valid only on the day of printing.
The revision number is included at the bottom of each page. When revisions occur, the entire
document will be issued with the revision number updated accordingly for each owner of a
controlled copy.
Attachments/Appendices to this plan are revised independently of this plan.
This document is uncontrolled when printed. Date printed:
Revision History
Rev Revised By Reviewed & Date Description/Summary of Changes
Approved By
A Initial issue for EOI
Content ID: Revised:16-05-

Revision: 0 Page 2 of 53
Table of Contents
Introduction ..................................................................................................................................... 5
1.1. Project Description ............................................................................................................ 5
1.2. Scope of the Workplace Relations Management Plan ....................................................... 6
1.3. Purpose of the Workplace Relations Management Plan ................................................... 6
2. Policy ....................................................................................................................................... 7
3. Workplace Relations Strategy and Approach ........................................................................... 8
3.1. Strategy ............................................................................................................................ 8
3.2. Objectives ......................................................................................................................... 8
3.3. Targets ............................................................................................................................. 9
3.4. Benefits............................................................................................................................. 9
3.5. Putting Our Strategy into Practice ..................................................................................... 9
4. Legal and Relation Obligations .............................................................................................. 11
4.1. Acknowledgements ......................................................................................................... 11
4.2. Compliance ..................................................................................................................... 11
5. Administration ........................................................................................................................ 13
6. Risk Assessment ................................................................................................................... 17
7. Site Establishment ................................................................................................................. 20
7.1. Site Establishment Considerations .................................................................................. 20
7.2. Amenities ........................................................................................................................ 20
8. Contractor and Subcontractor Management........................................................................... 22
8.1. Selection of Contractors and Subcontractors .................................................................. 22
8.2. Audit and Compliance ..................................................................................................... 23
8.3. Identifying and Controlling Unacceptable Industrial Practices ......................................... 23
8.4. Management of Workplace Relations Issues .................................................................. 24
8.5. Contractor Productivity and Performance ........................................................................ 24
9. Conditions of Employment ..................................................................................................... 25
9.1. Acceptable Employment Conditions ................................................................................ 25
9.2. Over Award Payments .................................................................................................... 25
9.3. Project Agreements and Site Allowances ........................................................................ 25
9.4. Enterprise Agreements ................................................................................................... 25
9.5. Restrictive Agreements ................................................................................................... 26
10. Recruitment of Direct Labour ................................................................................................. 27
10.1. A Skilled Workforce ........................................................................................................ 27
10.2. Pre-Employment Medical ................................................................................................ 27
10.3. Reference Check ............................................................................................................ 28
10.4. Retention ........................................................................................................................ 28
11. Induction and Mobilisation ...................................................................................................... 29
12. Labour Productivity ................................................................................................................ 31
12.1. Construction Planning and Programming ........................................................................ 31
12.2. Direct Employees ............................................................................................................ 31
12.3. Contractors and Subcontractors ..................................................................................... 32

13. Performance Metrics .............................................................................................................. 33
14. Freedom of Association ......................................................................................................... 34

15. Right of Entry ......................................................................................................................... 35
16. Grievance Management ......................................................................................................... 36
16.1. Consultation and Communication Strategy ..................................................................... 36
16.2. Martinus-Gamuda’s Direct Employees ............................................................................ 37
16.3. Addressing Grievances raised by Contractor and Subcontractor Employees .................. 38
16.4. Project Wide Disputes ..................................................................................................... 38
16.5. Safety and Environmental Grievances ............................................................................ 39
16.6. Reporting ........................................................................................................................ 39
17. Management of Unlawful Industrial Action ............................................................................. 40
17.1. Unlawful Industrial Action ................................................................................................ 40
17.2. Recording Unlawful Industrial Action ............................................................................... 41
17.3. Prohibition Against the Payment of Strike Pay ................................................................ 41
17.4. Remedies ....................................................................................................................... 41
17.5. Rallies and Other Protest Actions ................................................................................... 42
17.6. Reporting Unlawful Industrial Action ............................................................................... 42
18. Audit and Review ................................................................................................................... 43
18.1. Maintenance and Storage of Industrial and Employment Records .................................. 43
18.2. Continuous Improvement ................................................................................................ 43
19. Appendices ......................................................................................................................... 435
Acronyms
CCU Construction Compliance Unit
EBA Enterprise Bargaining Agreement
IMS Integrated Management System
KPI Key Performance Indicator
KRA Key Review Area
MBA NSW Master Builder’s Association
PMP Project Management Plan
RMS Roads and Maritime Services of NSW – The Client
SWMS Safe Work Method Statement
WHS Work Health and Safety
WRMP Workplace Relations Management Plan

Introduction
1.1. Project Description
The Narrabri to North Star project (the N2NS Project) will provide upgrading of
approximately 186km of track, track formation, bridges and associated works within
the existing rail corridor on the Narrabri to North Star alignment.
Figure 1: Project Map
Phase 1 of the Project includes:

• Upgrading of 171km of track
• Construction of 5 crossing loops
• Installation of 222 culverts
• Works to existing railway bridges
• Modification works to 2 station platforms

1.2. Scope of the Workplace Relations Management Plan

This Workplace Relations Management Plan (WRMP) has been developed in
accordance with the NSW Government’s Implementation Guidelines to the New South
Wales Code of Practice (the Guidelines).
This WRMP establishes the basis for the delivery of flexibility and productivity across all
stages of the Project and for the achievement of successful Project outcomes including
delivery on time and to budget, thus ensuring value for money for the NSW Government.
These outcomes are consistent with the objectives and aspirations expressed in the
Company Commitments.
This Plan outlines Martinus-Gamuda’s proposals for the development and

implementation of effective workplace relations management on the Project which will
ensure that workplace relations issues and risks are identified, assessed and managed.
Martinus-Gamuda will further develop and finalise this WRMP prior to any physical
construction work commencing on site.
The WRMP sets the procedures, management responsibility, controls and reporting
requirements for Martinus-Gamuda’s compliance with the Code and Guidelines. To
ensure consistency and compliance, each section of this WRMP is referenced to the
applicable section of the Model Workplace Relations Management Plan.
1.3. Purpose of the Workplace Relations Management Plan
This Workplace Relations Management Plan (WRMP) has been developed in

accordance with the NSW Government’s Implementation Guidelines to the New South
Wales Code of Practice (the Guidelines).
This WRMP sets the terms of reference and supports the overriding intent of Martinus-
Gamuda to:
(a) Facilitate best practice management of employee relations to support the safe,
productive and efficient performance of work on Site;
(b) Require contractor and the contractor’s personnel to be responsible for their own
employee relations based on Martinus-Gamuda’s WRMP and adopt a disciplined
approach to this;
(c) Ensure that employee relations is managed in a consistent and coordinated fashion
on Site; and
(d) Ensure that all persons including employees, contractors, contractor personnel and
unions on Site strictly comply with relevant laws; and
(e) Ensure that employee relations matters do not set precedents that will negatively
impact the safe, productive and efficient operations of the company.

2. Policy
Martinus-Gamuda’s Workplace Relations policy is consistent with the requirements of the Building
Code and Guidelines and establishes the framework for compliance with the Building Code and
Guidelines and proactive management of workplace relations issues on the Project. This policy has
provided the basis on which we have been able to continuously deliver successful and dispute free
projects. All managers, supervisors, employees, contractors and contractors will be required to
comply with the principles set out in this policy.
Figure 2: Workplace Relations Policy

3. Workplace Relations Strategy and Approach

3.1. Strategy
Martinus-Gamuda greatly values its people and their contribution. We believe that an
open, honest and consultative approach will ensure commitment and co-operation with
our employees and other key stakeholders in working positively to achieve common
Project objectives.
Our Workplace Relations strategy for this Project will be based on six key principles:
i. No Harm – creation of a safety culture that will deliver the highest standards of
WHS performance and will ensure the safety of all our people, contractors and
visitors to the site.
ii. Consultation and communication - establishing a framework for on-going
consultation and communications with our people and their representatives and
with our contractors and subcontractors and their employees.
iii. Productivity and flexibility – working with our people, contractors and
subcontractors to ensure a highly skilled workforce and to identify and resolve
barriers to on-going improvements in productivity and flexibility across all
elements of the Project.
iv. Proactive management of workplace relations issues – identifying and
resolving any disputes, grievances or concerns at an early stage to ensure there
is no disruption to the Project.
v. Compliance – ensuring that Gamuda and our contractors and subcontractor
comply with the Code and Guidelines and with all legislative and industrial
requirements and obligations.
vi. Monitoring and reporting – establishment of positive performance indicators
and continuous monitoring and reporting to ensure that all objectives and
commitments are delivered and that corrective actions can be taken in a timely
manner where there is any risk to the delivery of the Project objectives.
This WRMP sets out how Martinus-Gamuda will implement these key principles across
the Project.
3.2. Objectives
Implementation of our Strategy will ensure that we achieve the following objectives:
▪
Establishment of a safe, harmonious, stable and productive working environment
▪
Development of productive and flexible working arrangements which ensure delivery
of the Project to time and budget and which deliver value for money for the NSW
Government
▪
Elimination of industrial disputes which are a result of mishandling workforce
grievances, unsafe workplace conditions, inappropriate payment of wages and
entitlements and inappropriate industrial practices
▪
Integration of workplace relations planning and control as a key component of the
Integrated Contract Management System
▪
Establishment of a strong, cooperative relationship with the Project workforce and their
representatives based on mutual trust and respect
▪
Engagement with the Project workforce so they are committed and rewarded for
giving their best to meet Project objectives and deliver value for money for the
NSW Government

▪
Selection of contractors and subcontractors who have an effective industrial and
safety record and who comply with the Code and Guidelines and with all other
legislative and industrial requirements
▪
Strengthening of the long term working relationship with contractors, subcontractors,
suppliers, consultants and employer/employee organisations
▪
Compliance by Martinus-Gamuda and all contractors with the provisions of the Code and
Guidelines and with all legislative and industrial obligations.
3.3. Targets
Implementation
▪
of this WRMP will achieve:
High levels of productivity, flexibility and safety across all elements of the Project
▪
Zero industrial disputes thereby eliminating this risk and subsequent delays and cost overruns
▪
Full compliance with the provisions of this WRMP.
To ensure that these targets are achieved, a program of audits, monitoring and reporting
on all workplace relations issues will be implemented. All managers, supervisors,
employees and contractors and subcontractors will undertake workplace relations
training so they understand our principles, objectives and targets and can contribute
positively to achieving these targets.
3.4. Benefits
In setting our strategy and objectives, the Project will benefit from:
▪
Improved relations with stakeholders, (including workers, unions, contractors,
subcontractors, suppliers, industrial tribunals and clients) consistent with the
Company Commitments
▪
Efficient performance resulting from improved communication and knowledge for
all stakeholders involved in developing and implementing our consistent
workplace relations management focus
▪
With an emphasis on pre-engagement analysis of potential contractors and
subcontractors it is anticipated that less energy and effort would be spent on
resolving grievances about compliance with industrial awards and other legal
▪
obligations
Greater control over cost, time, quality and improved outcomes.
3.5. Putting Our Strategy into Practice

i. No Harm – our Safety Management Plan establishes our comprehensive and
proactive approach to managing WHS across the Project as the basis for meeting
our commitment to Zero Harm objective.
ii. Consultation and communication - establishing a framework for on-going
consultation and communications with our people and their representatives and with
our subcontractors and their employees (refer to sections 8, 10 and 16 below).
iii. Productivity and flexibility – working with our people and subcontractors to
ensure a highly skilled workforce and to identify and resolve barriers to on-going
improvements in productivity and flexibility across all elements of the Project
(refer to sections 7-10, 12 and 13 below).

iv. Proactive management of workplace relations issues – identifying and

resolving any disputes, grievances or concerns at an early stage to ensure there
is no disruption to Project (refer to sections 5-8, 16 and 17 below).
v. Compliance – ensuring that Martinus-Gamuda and our subcontractor comply
with the Guidelines and with all legislative and industrial requirements and
obligations (refer to sections 4, 5, 7 and 8 below).
vi. Monitoring and reporting – establishment of positive performance indicators
and continuous monitoring and reporting to ensure that all objectives and
commitments are delivered and that corrective actions can be taken in a timely
manner where there is any risk to the delivery of the Project objectives (refer to
sections 5 and 18 below).

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4. Legal and Relation Obligations

4.1. Acknowledgements
Martinus-Gamuda acknowledges that it:
▪
Is aware that the Code and Guidelines apply to the Project and has read and understood
the Code and Guidelines and the obligations they impose
▪
Will comply with the Code and Guidelines on the Project
▪
Will ensure compliance by contractors and subcontractors with the Code and Guidelines to
the extent applicable to each contractor and subcontractor.
▪
Gamuda acknowledges that it and all contractors and subcontractors must also comply
with, among other things:
▪
Legislative requirements, including the provisions of the Fair Work Act and Regulations
and the Work Health and Safety Act and Regulations
▪
The provisions of applicable Enterprise Agreements (EAs) and industrial awards
▪
Decisions and directions of relevant courts and tribunals.
Martinus-Gamuda will ensure that neither it, or any contractor or subcontractor, enters
into any arrangements or practices to avoid these obligations.
Related legislation, codes of practice and awards will include those listed in Table 1 below.
Table 1: Related legislation
Related Legislations/Codes of Practice/Awards
Federal • Fair Work Act and Regulations
• Work Health and Safety Act and Regulations
• Superannuation Guarantee Act 1992
• Building Construction Industry Improvement Act 2005
• Privacy Act 1988
• Sex Discrimination Act 1984
• Disability Discrimination Act 1992
• Racial Discrimination Act 1975
• Building Code 2013
Awards • Modern Awards - Building and Construction General On-Site
Award
• Manufacturing and Associated Industries and Occupations Award
2010
• Rail Industry Award 2010
• Mobile Crane Hiring Award 2010
• Plumbing and Fire sprinklers Award 2010
• Professional Employees Award 2010
• Road Transport and Distribution Award 2010
• Surveying Award 2010
Agreements • Martinus Rail Pty Ltd Enterprise Agreement 2019
4.2. Compliance
Martinus-Gamuda will take all steps to ensure compliance with all aspects of the Code
and Guidelines. Primary responsibility for compliance and reporting sits with the Project
Director (see section 5 below).

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Compliance will be managed in the process of tendering for contracts and subcontracts
by:
▪
Ensuring that contract documentation references the Code and Guidelines and requires
compliance with all relevant provisions
▪
Requiring contractors or subcontractors to be compliant with the Code and Guidelines at
the time of tendering for work
▪
Reviewing tender responses and relevant industrial agreements and workplace
arrangements for compliance with the Code and Guidelines
▪
Providing education sessions where required for contractors and subcontractors on their
obligations under the Code and Guidelines
▪
Code and Guidelines prior to engagement on the Project
▪
Working with the Construction Compliance Unit (CCU) where necessary in relation to the
compliance and education of contractors and subcontractors.
To ensure on-going compliance with and awareness of obligations under the Code and
Guidelines, Martinus-Gamuda will:
▪
Hold regular education sessions for Project management personnel on the requirements
of the Code and Guidelines
▪
Regularly audit and monitor compliance by contractors and subcontractors.
If areas of non-compliance are identified, Martinus-Gamuda will:

▪
Educate contractors and subcontractors on non-compliant practices or industrial
agreements
▪
Require corrective actions to be undertaken
▪
Manage on-site practices to ensure compliance in accordance with Martinus-
Gamuda’s Industrial Relations policy and commitments.
Within 24 hours of becoming aware of possible breaches of the Code and Guidelines,
the Project Director will be responsible for notifying the CCU of the possible breach and
of remedial action which has been taken.

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5. Administration
(References: Model WRMP - Part A)
The purpose of this section is to outline the organisational structure for the Project,
including the identification of staff, reporting lines and responsibilities, with particular
emphasis on those roles and responsibilities which affect labour productivity and
compliance with the Code and Guidelines.
This WRMP commits Martinus-Gamuda to providing key personnel who are experienced
and skilled in the management of workplace relations. Individual responsibilities will be
identified for the key personnel involved in the Project. The key to our management
strategy is to ensure that sufficient quality resources are available to support the Project
Director who will be responsible for workplace relations initiatives across the Project,
ensuring that all relevant policies and procedures are observed and implemented by all
parties on site.
The Project Director will be principally responsible for managing contractors and
subcontractors in relation to their responsibilities under the Code and Guideline. The
Project Director will also be responsible for any reporting to the CCU which is required
under the Code and Guidelines.
Key personnel who will be responsible for the management of Workplace relations include:

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Table 2: Roles and Responsibilities Table – Corporate Level
Corporate level
Senior Industrial • Responsible for the overall management of industrial relations within
Relations Manager the company
• Develop and implement industrial relations policies, procedures and
targets
• Ensure that disputes are resolved in a professional manner in line
with government codes and guidelines and company policy
• In collaboration with the Project Director further develop the WRMP
Senior Industrial • Collect and disseminate industrial relations information
Relations • Provide advice to the Project Director on contentious Industrial
Officer Relations matters that may affect completion
• Implement an industrial relations training program
Human Resources • Manage the recruitment and selection of all Martinus-Gamuda staff
Manager • Ensure all employees are paid their correct entitlements
Employer Association • Conduct pre-start and on-going compliance audits of all
subcontractors on site
• Regularly check each subcontract employers’ obligations for
employment conditions and payments to employees of their
employee entitlements
Table 3: Roles and Responsibilities Table – Project Level
Project level
Project Director • In collaboration with the Senior Industrial Relations Manager

further develop the WRMP
• Implement the WRMP
• Manage industrial relations and OHS matters/issues that may
have a potential to adversely impact upon the Project’s cost or
program
• Assign IR responsibility and authority to members of the site staff
• Liaise with employees and their union representatives on IR
issues of concern raised by the workforce
• Liaise with subcontractors’ senior representatives on IR issues of
concern
• Resolve IR issues or elevating the issues for resolution
• Maintain communications with RMS
• Ensuring that the induction process includes the verification of
subcontractors’ IR data
• Elevate issues as necessary to senior executives for resolution
Employee Relations On the Project this role will be filled by the HR Manager who is the
Representative management representative with responsibility of implementing the
WRMP. The HR Manager will be supported by Regional and
National employee relations specialists to.
• Manage the recruitment and selection of all Martinus-Gamuda
staff
• Ensure all employees are paid their correct entitlements
• Brief and instruct site staff in their roles and responsibilities in
promoting good industrial relations
• Liaise with the relevant union offices and union officials who will
be involved in the delivery of Project
• Ensure the site:
−
Is in accordance with award requirements
−
provides a safe work environment

Project level
− provide a working environment conducive to good industrial

relations
• Ensure that disputes are resolved in a professional manner in line
with company policy
• Ensure all employees are paid the appropriate wage rate for
duties performed as set out in the Enterprise Bargaining
Agreement (EBA)
• Ensure that IR records are maintained
• Resolve industrial issues quickly or elevate them to the next level
of authority.
Construction Manager • Ensure that the proposed site establishment is in accordance with
award requirements and provides an environment conducive to
good industrial relations
• Develop, maintain and enhance good working relations and
industrial harmony on site
• Ensure effective communications are maintained with the
workforce
• Maintain effective consultation with workers’ representatives on
industrial, safety or other consultative committees
• Ensure subcontractors legal industrial relations obligations are
identified and adhered to in respect of employees engaged on the
Project
• Keep the Project Managers and Project Director informed of any
grievances or issues.
Commercial Manager • Ensure that all subcontractors comply with all relevant industrial
relations requirements (eg, procurement, contract administration
and codes of practice)
• Gather IR data from the pre-qualification program on
subcontractor compliance and initiate necessary actions
• Review completeness of subcontractor submitted documents
• Arrange periodic reviews
• Ensure the appropriate archiving of IR documents by the Quality
Manager in accordance with the Project Management Plan (PMP).
Project Managers • Ensure that the workplaces are in accordance with award
requirements and provide an environment conducive to good
industrial relations
• Develop, maintain and enhance good working relations and
industrial harmony
• Ensure effective communications are maintained with the
workforce
• Day-to-day management of subcontractors’ industrial relations
performance
• In conjunction with the Construction Manager, manage the
Employer Association audits if undertaken and follow up on
corrective action for non-conforming subcontractors
• Ensures open lines of communication are maintained with all
subcontractors and suppliers on their contractual obligations
• Communicate with the workforce to ensure that they are aware of
developments and progress on the Project
• Keep the Project Director/Construction Manager informed of any

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Project level
Foremen/Supervisors • Develop, maintain and enhance good working relations and

industrial harmony on site
• Demonstrate a professional role model by personal example
• Ensure that accurate timesheets for employees are submitted in
accordance with the specified deadlines
• Pro-actively manage work-force industrial issues as they arise
including issues related to inclement weather and workplace
conditions. Refer major issues to the Project
Manager/Construction Manager. Where practical propose
measures that can resolve any issues.
Project Engineers • Day-to-day management of subcontractors’ industrial relations
performance;
• In conjunction with Senior Managers, manage the industrial audits
and follow up on corrective action
• Ensure open lines of communication are maintained with all
subcontractors and suppliers on their contractual obligations
• Communicate with the workforce to ensure that they are aware of
developments and progress of the Services
• Keep the Project Manager/Construction Manager informed of any
Leading Hands • Advise the Foreman and subcontractor representatives when
industrial, employment or safety grievances are raised by the
workforce.
To supplement the management of workplace relations generally, Martinus-Gamuda will

engage the NSW Master Builder’s Association (MBA) to perform pre-start and on-going
compliance audits of all contractors and subcontractors to ensure they are compliant with
their statutory obligations and with the Code and Guidelines.

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6. Risk Assessment
(References: Model WRMP - Part B)
The purpose of this section is to provide an initial understanding of the possible workplace
risks that may confront the Project and how these risks will be managed. This section has
been developed in light of Martinus-Gamuda’s understanding of the likely Project
environment, lessons learned from previous projects and possible Project specific issues.
The Project presents a number of potential challenges that will be dealt with by the
members of the Project team.

Workplace relations risks will be identified and mitigation measures developed having
regard to Martinus-Gamuda’s Integrated Management System and Risk Management

framework. In this way, management of workplace relations risks will be integral to the
Project risk management process.
Martinus-Gamuda has identified the initial potential risks and possible mitigation measures
as shown in the following table. This initial risk assessment demonstrates Martinus-
Gamuda’s understanding of the likely impact of workplace relations on the Project at the
current stage. Prior to the physical commencement of the Project, Project specific
workplace relations risks will be re-assessed and the following risk table up-dated.
Table 4: Key Risks
Risk Likelihoo Impact Mitigation Measures

d
Martinus-Gamuda Low High • Identification of all Federal and
non-compliance with State awards the applicable to the
obligations under the Project prior to commencement of
Code and Guidelines work on site
and legislation and • Signed Declaration on Martinus-
other provisions. Gamuda’s letterhead for the
preceding 12 months to be
submitted to the RMS as part of the
WRMP
• Statutory Declaration will be
submitted on a monthly basis with
regards to the payment of wages
and subcontractors together with
certificates of currency for all
insurances, long service payments,
workers compensation insurance
• On-going information and education
on the requirements of the Code
and Guidelines
• On-going compliance monitoring.
Contractor and Possible High • Establishment of a pre-qualification
subcontractor non- criteria for subcontractors to ensure
compliance with that only those companies that have
obligations under the the capability to manage their
Code and Guidelines workforce and carry out their work
and legislation and to a high standard are selected for
other provisions. the Project
• Establishment of Audit Compliance
Program by a third Party such as


d
the MBA of NSW which will
establish the extent to which
contractors, subcontractors,
suppliers and consultants are
compliant with their obligations
under the applicable Legislation
• On-going information and education
on the requirements of the Code
and Guidelines
• On-going compliance monitoring.
Drug and alcohol Possible High • Implementation of Martinus-
abuse – affects a Gamuda’s Drug and Alcohol Policy
worker’s ability to work and Procedures across the Project.
safely on the project.
Industrial disputation Possible High • Implementation of Martinus-
due to demarcation Gamuda’s IR Policy and
issues between management of relations between
unions. unions.
• Advice and assistance from
specialist IR resourcing and MBA.
Industrial disputation Possible HIgh • Selection process for contractors
due to failure to meet and subcontractors with capacity
terms of EAs and and understanding of their
awards. obligations
• Comprehensive and on-going
compliance process.
Disputation due to Possible High • Comprehensive WHS Management
poor management of Plan
safety issues on site. • Active and engaged WHS
Committee
• Training on safety obligations for
managers, supervisors and
employees.
Resource shortage. Low High • Sound community relations and
employee relations management,
confirming Martinus-Gamuda is
model employer for self-performed
work.
• Martinus-Gamuda’s Construction
Divisions in Queensland and
Victoria can provide resources if
requested.
Disputes over union Low Major • Clear right of entry policy in
right of entry. conformity with legislative
requirements
• Management of relations with
unions.
Ineffective handling of Unlikely Major • Fully resource the HR/IR function
grievances. • Program Manager to review
grievance status reports daily to
ensure timely resolution
• Develop a positive and open culture
of communication.


d
Site amenities do not Unlikely Major • Site establishment planning.
meet standards or
need to accommodate
peak workforce.
Under employment of Unlikely Low • Training Management Plan to set
Apprentices. apprentice targets and training
targets, consistent with NSW
Training Management Guidelines
(February 2009), for the workforce
including subcontractors.
Not creating Low Low • Aboriginal Participation Plan for the
employment Project developed from initial plan
opportunities for submitted with tender, in
Indigenous consultation with the Local
Australians. Aboriginal Communities
• Regular review of the Plan by the
local agent to ensure that it is being
correctly implemented and that the
performance targets are being met.
Effective consultation Unlikely Low • WRMP to contain appropriate
and communications consultation processes and
with the site based procedures
workforce. • Informal communications between
workers and management to foster
an ‘open door’ policy which
promotes trust and honest
communications
• Regular toolbox meetings
• Site-based employee consultative
committee.
Grievances raised by Unlikely High • Procedure to manage the timely
an employee (Safety resolution of industrial grievances to
and Industrial). be incorporated in WRMP.

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7. Site Establishment
(References: Model WRMP - Part C)
The purpose of this section is to outline how Martinus-Gamuda intends to establish the
Project site to remove any site establishment barriers to maximising workforce
productivity.
Site establishment is to be in accordance with the WHS Management Plan and the Site
Access and Logistics Procedure.
7.1. Site Establishment Considerations

Items for consideration during the pre-mobilisation planning and preparatory work include:
▪
Offices and amenities required
▪
Utilities and services supply
▪
Access control and security
▪
Parking and commuting
▪
Amenities and laydown areas
▪
Access to amenities to and from worksites
Each of these issues will be addressed through the provisions of the Site Access and
Logistics Procedure.
7.2. Amenities
▪
It Martinus-Gamuda’s responsibility to ensure that a uniformly high standard of
amenities and facilities such as ablution blocks, change rooms, crib sheds, etc., is
provided.
▪
Where there is any concern relating to amenities, the immediate action must be to rectify the
issue.
▪
Mess and Change Sheds generally:
− All sheds should be weatherproof and soundly constructed with sufficient windows and doors,
adequate ventilation, heating and lighting. They should have a washable floor surface above
ground level and be lined on ceilings and walls and be fitted with fly screens.
− Area and space provisions vary slightly between awards and states so projects should ensure the
area provided complies with relevant awards and local industry agreements (Generally an area of
just less than 1m² per person should be provided.)
▪
Mess Sheds
− Mess sheds should contain sufficient tables with a fixed washable surface and seating. Food
warming facilities, a convenient supply of cool clean water and boiling water at meal/rest breaks. A
covered bin with liner which is emptied regularly. Shelving for storage (cups, lunch bags, etc.).
Sheds should be cleaned and disinfected on a regular basis.
▪
Change Sheds
− Change sheds should have a coat hook for each person and sufficient seating accommodation for
changing clothes.
▪
Toilets
− Closets should be soundly constructed and roofed with weatherproof material. The floor of each
closet must be covered with impervious material. Every closet should be well lighted by natural or

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artificial light and ventilated, have a hinged door, capable of being fastened on the inside, lift
seats/flaps and toilet paper.
− Where necessary, portable water-seal toilets can be used, provided they are regularly serviced.
Toilets should be washed and disinfected daily. Adequate wash basins/troughs should be supplied
with running water. Soap and towels should also be supplied.
− The number of closets and length of urinals varies with award and local industry agreements so
projects should check local requirements. (As a general guide closets should be provided on a
ratio one per 10 employees and about one metre of urinal should be provided per 10 employees.)

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8. Contractor and Subcontractor Management

(References: Model WRMP - Part D)
The purpose of this section is to establish how Martinus-Gamuda will select and manage
contractors and subcontractors on the Project. This includes:
▪
How Martinus-Gamuda will select contractors and subcontractors who have the skills,
capacity and resources to comply with all requirements
▪
Conditions to be imposed on contractors and subcontractors to ensure they continue to
comply with all requirements
▪
Management of contractor and subcontractor performance and productivity
▪
Management of contractor and subcontractor workplace relations issues.
8.1. Selection of Contractors and Subcontractors

The Project will involve a range of specialist contractors, subcontractors and suppliers.
Contractors and subcontractors will be selected on their ability to perform the works in
accordance with the conditions of contract and consistent with Martinus-Gamuda’s
Management Plans including this WRMP. The ability will be gauged on proven
performance and the ability to successfully submit to pre-engagement industrial audits.
All invitations to contractors and subcontractors to provide submissions, tenders or

expressions of interest, will advise that the Code and Guidelines apply to this Project.
Tenders, etc will be sought and accepted on the explicit understanding that they are
submitted together with a copy of any applicable industrial instrument that applies to the
tenderer’s employees.
However, Martinus-Gamuda will not require or attempt to unduly influence another party
to have particular workplace arrangements in place. This includes, but is not limited to,
the imposition, or attempted imposition, of a requirement to apply project specific wages
and conditions. It is the responsibility of a contractor or subcontractor to negotiate with its
employees the form and content of their workplace arrangements free of any coercion or
undue influence.
Martinus-Gamuda will ensure that contractors’ and subcontractors’ industrial instruments

comply with the Code and Guidelines. In addition, Martinus-Gamuda will ensure that any
contractors
▪
or subcontractors:
Reflect the provisions of this WRMP in their own specific workplace arrangements
▪
Act in accordance with their tender responses
▪
Are contractually prevented from any activity that may place the subcontractor or
Martinus-Gamuda in a position of being in breach of the Code or Guidelines or of any
legislative or regulatory requirement.
Prior to engaging contractors or subcontractors, Martinus-Gamuda will review and verify

a range of issues to ensure that they are appropriately qualified by requiring them to
demonstrate a track record of compliance, appropriate resourcing and the capacity,
capability and experience to manage workplace relations issues, grievances, disciplinary
matters and administrative issues such as payroll and amenities.
These reviews are aimed at ensuring that contractors and subcontractors are fully capable of
carrying out their scope of work and contractual obligations in a safe, legal and

53
professional manner, and that they have the experience and resources required to
complete the works without productively, efficiently and without causing industrial
disputation.
Contract terms will clearly establish the requirements to comply with the Code and
Guidelines, including a requirement to allow authorised personnel access to monitor and
investigate compliance.
8.2. Audit and Compliance

As a condition of any contract, all contractors and subcontractors will be required to
demonstrate that they comply fully with the Code and Guidelines and other employment
obligations. A pre-award meeting will provide confirmation of awareness of all
compliance requirements.
Prior to commencing work on site, all contractors and subcontractors will be required to
provide:
▪
Appropriate evidence of compliance with the Code and Guidelines
▪
Certificates of Currency for Workers Compensation insurance and other applicable
insurance policies
▪
Wages documentation to verify compliance with EAs, awards and other requirements
such as superannuation contributions
▪
Register of company employees incorporating details, as applicable, of their
superannuation registration number, long service leave number, etc
Copies of documentation related to employee records must be maintained on site and

readily available for review as evidence of compliance with statutory and contract
specific requirements.
All contractors and subcontractors will be subjected to a pre-start audit to ensure that
they comply with their obligations.
Regular follow up compliance audits will be conducted to ensure continuing compliance

for the duration of the Project by Martinus-Gamuda’s preferred third party auditor, the
New South Wales Master Builder Association’s Industrial Department. Compliance audits
of subcontractors
▪
will take place:
At six monthly intervals during the execution of the works
▪
As required due to an alleged non-compliance.
The contractor or subcontractor Industrial Relations Representative, Project Manager

and Contract Manager will be notified of the results of the auditing and any required
corrective actions.
8.3. Identifying and Controlling Unacceptable Industrial Practices

A Statutory Declaration and Subcontractor Statement will be required with each invoice
confirming compliance with all Code and Guideline requirements and other employment
obligations. Appropriate verification documentation will also be required. Where a
contractor or subcontractor has failed to implement and comply with requirements,
Martinus-Gamuda will issue a notice to comply under the contract.

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If there are indications or concerns that a contractor or subcontractor is not complying with its
obligations, Martinus-Gamuda may elect to further audit performance and records.
When members of Martinus-Gamuda’s site management team are informed by members of

the site construction workforce or develop an understanding that a contractor or
subcontractor is engaging in unacceptable industrial practices, the Project Director will:
▪
Investigate and confirm if unacceptable practices are being employed on site
▪
Advise the relevant Industrial Relations Representative of the suspected practices
▪
Arrange a meeting with senior representatives to detail Martinus-Gamuda’s concerns
about such practices
▪
Demand compliance with applicable requirements
▪
Advise, where relevant, that a report of a suspect breach has been issued to the CCU as
required by the Code and Guidelines.
8.4. Management of Workplace Relations Issues

Contractors and subcontractors will be expected to have the resources, capability and
experience to manage workplace relations issues involving their employees. This will be
a key element in contractor selection.
Where workplace relations issues arise on site, contractors and subcontractors will be
expected to take all reasonable steps (including recourse to legal action if needed) to
resolve the issues through effective consultation with employees and their
representatives and through comprehensive dispute resolution procedures, prior to any
disruption to the Project.
Contractors and subcontractors will be expected to notify Martinus-Gamuda as soon as

they become aware of an issue which may cause potential disputation. Martinus-
Gamuda will notify the CCU as required under the Code and Guidelines. Regular
updates will be provided to the CCU on the progress of steps being taken to ensure
resolution without disruption to the Project.
Martinus-Gamuda will work with contractors and subcontractors and will provide
dedicated workplace relations expertise to ensure that such matters are resolved without
any disruption to the Project.
8.5. Contractor Productivity and Performance

Martinus-Gamuda will only engage contractors and subcontractors who demonstrate a
track record of performance in delivering similar works to budget and program.
Contractors and subcontractors will be expected to demonstrate how they propose to
deliver a high level of productivity and performance on this Project.
Martinus-Gamuda’s Project management team will work closely with each contractor and
subcontractor to identify barriers to enhanced productivity including, for example,
resourcing, skill levels and work practices and to put in place measures which will
remove these barriers.
Martinus-gamuda will regularly monitor and report contractor and subcontractor

performance against budget and program targets and, where necessary, institute
corrective actions to ensure Project objectives are delivered.

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9. Conditions of Employment
(References: Model WRMP - Part E)
The purpose of this section is to outline how Martinus-Gamuda will establish terms and conditions
of employment for the Project.
9.1. Acceptable Employment Conditions

Terms and conditions of employment for all personnel employed by Martinus-Gamuda or
its contractors and subcontractors on the Project will be established in accordance with:
▪
Applicable Awards; or
▪
The employer’s enterprise or workplace agreement, where applicable.
9.2. Over Award Payments

Martinus-Gamuda acknowledges that its contractors and subcontractors are free to
provide (through formal arrangements or agreements) wages and conditions to their
employees that are superior to the applicable award rates and employment entitlements.
Coercion of another party to make over-award payments is prohibited under the Code,
as is the entering into of any kind of arrangement which binds another party to make
over-award payments.
Payments to industry superannuation, redundancy and sick leave funds which provide
for contributions in excess of award and legislative requirements are matters to be
decided by each employer to suit their particular needs and circumstances.
9.3. Project Agreements and Site Allowances

Applications for Project Agreements and Site Allowances will be dealt in accordance with
the Code and Guidelines.
It is normally expected that within the terms of an EA that a “no extra claims” clause is
included, rendering the agreement exhaustive of all terms and conditions of the
employment relationship.
9.4. Enterprise Agreements

Martinus-Gamuda will operate under an EA which will be certified by Fair Work. All
wages personnel employed by Martinus-Gamuda will be covered by this agreement.
Martinus-Gamuda recognises the importance of EAs to its clients as it provides them

with stability and certainty.
Martinus-Gamuda also recognises that appropriately established EAs can provide

financial benefits to all the concerned parties by gaining a competitive commercial
advantage through flexible work arrangements and gaining efficiencies that will lead to
increased productivity and reduced overall costs.

53
Martinus-Gamuda will comply with the Code and Guidelines will not directly or indirectly
encourage contractors and subcontractors to adopt any particular form of industrial
agreement.
9.5. Restrictive Agreements

In accordance with the provisions of the Code and Guidelines, no party shall negotiate or
implement arrangements or agreements that restrict the efficient performance of work or
which
▪
restrict productivity improvement. This includes, but is not limited to:
Ratios of employees
▪
One-in-all-in overtime arrangements
▪
Last on, first off clauses
▪
Restrictions on labour
▪
All-in payments
▪
Relaxation of right of entry provisions.

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10. Recruitment of Direct Labour

(References: Model WRMP - Part F)
The purpose of this section is to outline how Martinus-Gamuda will attract recruit and
retain suitable direct labour with the skills and experience required to meet the Project’s
objectives.
The Project will require direct labour. Once current Martinus-Gamuda employees have
been allocated appropriate roles in the organisation structure, we will identify any gaps
and▪ begin filling the positions with alternative sourced employees. We will, as necessary:
Hire new local employees who will be trained and developed as required
▪
Temporarily transfer existing Martinus-Gamuda employees
▪
Use short term contracting or specialised labour hire as appropriate.
10.1. A Skilled Workforce

The gap in skills will be assessed as the difference between the skills required for effective
performance of the Project and the skills available among the existing workforce.
The HR Manager will undertake a skills needs analysis for roles on the Project. The
identified needs will be matched against the available skills and qualification base of
existing employees, including formal qualifications, on-the-job learning and length of
experience.
Skills assessment records listing all employees and details will be kept for each
employee in the People Development Platform on InfoLink. Individual training programs
will then be developed based on the needs identified by the skills assessment.
The Project Training Management Plan provides further detail of proposed training to
ensure the required knowledge and competencies are maintained to ensure effective
Project delivery.
10.2. Pre-Employment Medical

Before commencing work, Martinus-gamuda requires all employees joining the company
to undertake a pre-employment medical assessment to establish their fitness for work.
This is an essential safety control to prevent harm to our employees.
Martinus-Gamuda will:
▪
Inform prospective employees of the requirement to pass a Fit for Work assessment
during our early interactions with them
▪
Arrange the FFW appointment
▪
Receive the FFW assessment results.
The objective of the assessment is to identify any potential health issues so we do not
place the worker at risk.. Should an issue be identified, Martinus-Gamuda will develop a
plan to address the issues identified, with the objective to move towards improving their
health and fitness to undertake productive work on the Project.

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10.3. Reference Check

References of all prospective direct employees and contractor/subcontractors employees
will be checked prior to engagement.
Established Martinus-Gamuda reference checking procedures will be used:

▪ Reference Check Form
10.4. Retention
Martinus-gamuda offers an attractive employment value proposition to ensure that we
attract and retain skilled and committed employees. This includes attractive terms and
conditions, a collaborate workplace, skills development and challenging career
development opportunities.
Our employment value proposition will be the means through which we ensure that we
retain a productive and committed direct workforce through the duration of the Project.

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11. Induction and Mobilisation

(References: Model WRMP - Part G)
The purpose of this section is to outline how Martinus-Gamuda will ensure that direct and
contract/subcontract employees are mobilised to the Project efficiently and effectively and
with a full awareness and understanding of the Project and expectations in terms of safety,
productivity and continuity.
Martinus-Gamuda will implement a comprehensive induction and mobilisation process to
ensure that all people working on the Project (both direct and contractor/subcontractor
employees) undertake induction sessions that address Project-specific issues,
expectations with respect to productivity and continuity of operations and safety
requirements for the site in accordance with applicable legislation.
The induction sessions will ensure that all people working on the Project receive necessary
information and training, including general induction training, site induction training and
task specific training.
Comprehensive Induction records will be maintained and kept secure.
Orientation and induction training must be undertaken prior to commencement on site.
Table 3 outlines the orientation and induction process.

Table 5: Orientation and Induction
Type How it will be delivered What it will cover
Corporate Delivered in person by the Overview of employment with Martinus-Gamuda,

induction HR Manager/senior member REAL Values, our objectives, our safety and
of the project team. management systems, customer experience.
Expectations – safety, productivity and continuity
of operations.
Site specific Delivered in person to Site based issues including:
−
induction smaller teams by a member Safety
of the site HR and safety −
Environment
teams. − Continuity of operations/traffic management
−
Productivity
−
Community relations
−
Quality
HR policies and procedures including
− Drug and alcohol policy
−
Discrimination policy
− Bullying and harassment policy
−
Personnel policies
Workplace relations policies and procedures,
including
−
Terms and conditions
−
Dispute resolution
Roles specific Delivered in small group and Introduction to specific roles – expectations of the
induction individual meetings by the role, skills and knowledge required, performance
employee’s manager or expectations.
supervisor.

Type How it will be delivered What it will cover
Roles, career objectives, existing skills and

knowledge and future development needs,
performance expectations
System and During one-on-one employee Identification of system and compliance training
compliance meetings. needs
training needs
identification
Resources Online portal. Supporting reference materials and where to go
and support On-the-job coaching from for help
manager or supervisor.
Buddy Each new employee will Ad hoc advice and problem solving
have an experienced
Martinus-Gamuda buddy that
they can reach out to.

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12. Labour Productivity

(References: Model WRMP - Part H)
The purpose of this section is to set out how Martinus-Gamuda proposes to achieve
value for money and labour productivity objectives.
Martinus-Gamuda recognises that labour productivity can have a significant impact on

efficiency and timely completion of the Project. Martinus-gamuda will utilise a multi-
faceted approach to ensure a high level of labour productivity across the Project.
12.1. Construction Planning and Programming

A key driver in site productivity is effective pre-planning and programming of works.
Martinus-Gamuda will carry out detailed project planning and programming sessions to
address issues such as buildability, staging of the works and the ability for various trades
to work in areas concurrently. This will allow the works to be effectively planned to
ensure a high level of productivity and program completion certainty.
12.2. Direct Employees

Targeted and proactive HR strategies will significantly improve the operational efficiency
and workplace productivity of Martinus-Gamuda’s directly employed workforce.
We will work collaboratively with our employees and their representatives, through
ongoing consultation and communications to ensure our employees are engaged and
committed to achievement of the Project objectives.
Implementation of Martinus-Gamuda’s proven HR policies and procedures will include a

strong focus on:
▪
Skills identification, development and training
▪
Cross skilling
▪
Employee health and wellbeing
▪
Employee reward and recognition for positive contributions to the Project
▪
Individual performance discussions and development
▪
Identifying and resolving employee grievances
▪
Managing ineffective performance
▪
Attendance management
▪
Effective management of any workplace illness and injury to ensure a speedy return to
normal duties.
Whilst working within the constraints imposed by current industrial agreements,

Martinus-Gamuda will utilise those agreements to achieve maximum flexibility and
productivity. Martinus-Gamuda’s positive relations with its employees and their
representatives and relevant unions will ensure a cooperative approach to developing
flexible work practices (eg, cross skilling, multi-tasking, rostering) and identifying and
removing any restrictive practices which prevent achievement of maximum productivity.
Martinus-Gamuda has a proven continuous improvement methodology which encourages

employees to input directly into the improvement of work practices and Project
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productivity. This methodology will become a key driver of ongoing productivity

improvements.
Martinus-Gamuda will work closely with our contractors and subcontractors to ensure
that they apply similarly proactive approaches to maximising their labour productivity.
12.3. Contractors and Subcontractors

Effective pre-selection of contractors and subcontractors will be an important element to
ensure productivity goals are met on the Project.
All potential contractors and subcontractors will be vetted during tender interview
sessions which, aside from price and scope discussions, will address Project productivity
through
▪
discussion on:
Issues/opportunities for productivity initiatives
▪
Programming
▪
Work methods to be used
▪
Supervision capability and labour resources
▪
Labour skills and capability
▪
Workplace arrangements
▪
HR policies and procedures
▪
Capability to manage and rectify poor employee performance and discipline issues.
These discussions will ensure that successful contractors and subcontractors provide
both value for money and surety in completion.
Contractor and subcontractor performance will be continuously monitored and reported

against Project program and objectives. Regular control and co-ordination meetings will
provide the forum to monitor performance against deliverable measures of time, quality,
safety and labour performance. These meetings provide the opportunity to both identify
ongoing initiatives to improve Project productivity and also to identify any shortcomings
and implement required corrective actions.

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13. Performance Metrics

(References: Model WRMP - Part I)
The purpose of this section is to outline how Martinus-Gamuda will measure and report
labour productivity and performance.
The following key performance indicators which are relevant to labour productivity on the
Project will be measured and reported by Martinus-Gamuda and each contractor and
subcontractor on a monthly basis:
▪
Overall site and labour efficiency – tracked through labour control spreadsheets against
program for all trades
▪
Participation in induction, training and skills enhancement programs
▪
Implementation and effect of continuous improvement initiatives
▪
Audit outcomes
▪
Lost time and continuity of operations
▪
Lost time injuries
▪
Delays, disruptions and resolution of industrial matters (including grievances)
▪
Right of entry and the activities of shop stewards.
Martinus-Gamuda’s HR Manager will be responsible for the collation and reporting of

these metrics which will be discussed at regular Project management meetings and at
contractor/subcontractor control and coordination meetings. Any corrective actions
required will be identified and tracked through these meetings.

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14. Freedom of Association

(References: Model WRMP - Part J)
The purpose of this section is to outline how Martinus-Gamuda will comply with the freedom of
association objectives of the Code and Guidelines.
Martinus-Gamuda recognises that all parties have the right to freedom of association. This means
that parties are free to join or not to join industrial associations of their choice and that they are not
to be discriminated against or victimised on the grounds of membership or non-membership of an
industrial association.
Martinus-Gamuda will ensure that there is no pressure to join an industrial association by ensuring
freedom of association is clearly recognised on site, in particular during the induction process and
through on-going communications and awareness sessions.
Martinus-Gamuda proposes to meet the Guidelines’ freedom of association objectives in a holistic
and integrated manner. This will be done by:
▪
Reinforcing the principles and prohibitions in engagement, recruitment and induction
processes and documents
▪
Reinforcement of employee and contractor/subcontractor obligations in relevant
documents
▪
Ongoing education and training
▪
Adhering to the prohibitions set out in the Code and Guidelines
▪
Implementing an inspection and audit program on a regular basis.
Only management representatives of Martinus-Gamuda and its contractors and subcontractors will
undertake induction sessions on the Project. No details of personnel will be provided to union
officials or representatives unless legally required. All induction records will be kept securely.
Martinus-Gamuda will not allow any activity on site which implies that union membership is
compulsory. This includes (but is not limited to):
▪
Allowing union representatives address workers on site during paid working time
▪
Placing union flags or insignia around the site
▪
Providing names or other details of workers to union officials or representatives
▪
Insisting on ‘no ticket no start’.

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15. Right of Entry

(References: Model WRMP - Part K)
The purpose of this section is to outline how Martinus-Gamuda will comply with the right
of entry requirements of the Code and Guidelines.
Martinus-Gamuda recognises the legislative provisions contained in the Fair Work Act
and WHS Act which govern the rights of parties to enter workplaces. Right of entry will
only be granted to union officials in strict accordance with the terms of these provisions.
Martinus-Gamuda will make clear to all of its managers, supervisors and employees and
to all contractors and subcontractors (during inductions and on-going training programs)
that a union official can only enter the Project site to:
▪
Investigate suspected breaches of the Fair Work Act or an industrial instrument
▪
Hold discussions with employees who are members or eligible to be members of the
union official’s organisation during non-work time
▪
Investigate a suspected breach of WHS law in accordance with legislative provisions.
Access to the Project site will only be given:

▪
For a valid reason under the relevant legislative provisions
▪
Where the union official has a valid permit in accordance with legislative provisions and
has provided the relevant notice
▪
Where there are employees who are eligible to become members of the union official’s
union on site
▪
During working hours
▪
For the purposes of seeking to hold discussions, during employee meal times or other
breaks.
Martinus-Gamuda will ensure that, once on site, union officials act, at all times, in an
appropriate manner and comply with the relevant right of entry provisions.
All Right of Entry requests, whether related to Martinus-Gamuda employees or to

contractor/subcontractor employees are to be referred to the Project Director or HR
Manager who will be responsible for ensuring that appropriate actions are taken to
manage requests and to monitor the activities of union officials whilst on site.
Where an entry notification relates to a contractor or subcontractor workforce, Martinus-

Gamuda will refer the notification to the relevant contractor or subcontractor. All
contractors and subcontractors will be expected to adhere to right of entry provisions.
Right of entry requests will be recorded and tracked. Where abuse of right of entry
provisions is identified, appropriate action will be taken, including legal action to cancel
right of entry permits.

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16. Grievance Management

(References: Model WRMP - Part L)
The purpose of this section is to outline how Martinus-Gamuda will ensure that employee
grievances are managed effectively and in accordance with relevant industrial
instruments and the provisions of the Code and Guidelines.
Martinus-Gamuda aims to prevent industrial disputes from occurring on the Project and
to minimise the frequency and severity of grievances through appropriately planned
preventive and contingency measures and through the effective implementation of HR
policies and procedures.
Martinus-Gamuda and all contractors and subcontractors will make every effort to
resolve grievances or disputes with employees and, where relevant, their
representatives, at the appropriate level in accordance with the procedures outlined in
relevant industrial instruments.
Martinus-Gamuda will act quickly to resolve disputes in relation to the Project if they
arise. The goal will be to ensure, through sensible risk management, effective
consultation and communication and HR policies and procedures, that disputes do not
arise in the first place.
16.1. Consultation and Communication Strategy

Martinus-Gamuda will communicate and consult at all levels of the Project to ensure that
all Project personnel are informed about Project objectives and requirements and are
engaged, committed and understand their roles and responsibilities on the Project.
With our direct employees, this will include:
▪
Induction
▪
On-going training and awareness sessions
▪
Tool box talks
▪
Development and implementation of continuous improvement initiatives
▪
Martinus-Gamuda employee newsletter and social functions
▪
Formal career and performance development sessions with managers and supervisors
▪
One-on-one informal discussions with managers and supervisors through an ‘open door’
policy.
These processes will also allow potential grievances and issues of concern to be raised
and resolved without the need for recourse to formal processes.
Martinus-Gamuda will expect its contractors and subcontractors to implement similarly

proactive communications processes with their employees.
Martinus-Gamuda will assist in communications and consultation with contractor and

subcontractor
▪
employees through, for example:
Pre-start meetings
▪
Ad hoc site meeting
▪
WHS Committee meetings
▪
Consultative Committee meetings.

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Consultative Committee Meetings

An IR Consultative Committee representing Martinus-Gamuda and contractors and
subcontractors will meet regularly to ensure workplace relations issues are aired and
managed collaboratively and the lines of communications are maintained with all
stakeholders.
Information Currency and Distribution

Martinus-Gamuda is a long standing and active member of the following industrial
organisations:
▪
Master Builders Association (NSW)
▪
Australian Contractors Association
Martinus-Gamuda
▪
employees currently hold positions on the following committees:
MBA NSW – Industrial Relations Sub-Committee
▪
MBA NSW – Joint WHS Committee Chair.
Seminars, workshops, publications and brochures from these industry organisations and
from other specialist consultants provide Martinus-Gamuda with important IR information
and updates. They are effective in highlighting issues of concern and proposing actions
that can successfully prevent industrial disputes.
Martinus-Gamuda’s IR Manager is responsible for gathering and reviewing this

information and distributing it to site where the data and information can add value.
16.2. Martinus-Gamuda’s Direct Employees

In the event of a grievance or dispute arising regarding a direct employee of Martinus-
Gamuda, the dispute resolution provisions of the EA or relevant HR policy will be followed.
Initially, all employees will be encouraged to raise any grievance issues with their direct
supervisor. To ensure that reasonable grievances are promptly actioned and resolved,
the responsible supervisor will:
▪
Clearly understand the reasons for the grievance and concerns
▪
Discuss the matter, where required, with the HR or IR Manager
▪
Advise the employee on the actions proposed to be taken to resolve their grievances and
ensure that the employee is satisfied with the outcome
▪
If the employees’ grievance cannot be resolved at this level, the responsible
supervisor will arrange a formal meeting with the HR Manager to escalate the
matter for further discussion and resolution.
Where the employee’s grievance cannot be resolved, the EA dispute settlement

provisions must be promptly implemented, including, if necessary, referral to the Fair
Work Commission for resolution.
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 HR Manager must be informed of such issues and an investigation conducted under
the supervision of the HR Manager. If the matters raised are confirmed, immediate action

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should be taken under the provisions of the relevant Martinus-Gamuda HR policies

which provide a consistent and fair approach to dealing with such matters.
At all stages throughout the grievance and dispute settlement procedures, freedom of
association will be respected. An employee is free to choose whether or not they wish to
be represented and if so, by whom.
During this process, work must continue as normal. If there is any threat of potential
industrial action, Martinus-Gamuda will immediately take both practical and legal steps to
have the industrial action stopped. If necessary, it will also make alternate labour
arrangements to ensure the Project is not disrupted.
Disputes involving contractors and subcontractors and their personnel will be dealt with
according to the procedures below.
16.3. Addressing Grievances raised by Contractor and Subcontractor Employees

In the event of a dispute or conflict occurring specifically between a
contractor/subcontractor and its employees, Martinus-Gamuda will insist and require a
similarly proactive approach and that, if required, the dispute resolution procedure in any
relevant industrial instrument is followed.
In particular, Martinus-Gamuda will insist that the following steps are adopted with the
aim ▪ of minimising the impact to the Project:
Discussions between those directly affected
▪
Discussions between management representatives of the contractor/subcontractor
and an appropriate representative of the employee/s (if any)
▪
Discussions between management representatives of the contractor/subcontractor,
Martinus-Gamuda’s Project Director or HR/IR Managers and the representative of the
employee/s (if any)
▪
If the dispute is not resolved after these steps the contractor/subcontractor or a
relevant union (if involved) may notify the dispute the matter to the Fair Work
▪
Commission
Work must continue as normal without disruption to the Project.
Martinus-Gamuda will insist that freedom of association provisions are respected

throughout this process.
16.4. Project Wide Disputes

In the event of a dispute or conflict affecting more than one contractor or subcontractor
occurring, the following procedure will be adopted to manage the dispute and minimise
impact
▪
to the Project:
Discussions between those directly affected
▪
Discussions between the Project Director and/or HR/IR Managers and employees
and their nominated representatives (including unions, if appointed by the
employees)
▪
Discussions between the Project Director and/or HR/IR Managers and the union
organiser or appropriate official, or with other appropriate representatives (if
applicable).

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If the dispute is not resolved after these steps, Martinus-Gamuda or the

contractors/subcontractors involved may notify the dispute to the Fair Work Commission
for resolution.
Work shall continue without interruption or dislocation during discussion and resolution
of disputes.
Should industrial action be threatened or undertaken, Martinus-Gamuda will report the matter
to the CCU (see below) and take all reasonably available steps to prevent or bring to an end
both protected and unprotected industrial action affecting the Project, including legal
remedies. Advice will be sought on dealing with such matters from the HR and IR Managers
and, where needed, from external advisers. All resources available to Martinus-Gamuda will
be used to resolve industrial disputes in an amicable and prompt manner.
16.5. Safety and Environmental Grievances

Safety grievances are generally raised by the site workforce during safety inspections,
tool box meetings or WHS Committee meetings.
Safety grievances will be promptly reviewed and effectively acted upon by Martinus-
Gamuda’s’ WHS Manager in accordance with the provisions of the WHS Management
Plan and any requirements of the WHS Act.
Grievances related to unsafe work practices or to breaches of safety regulations and site
safety rules will be immediately reported and acted upon through the Incident Reporting
System.
16.6. Reporting
The Project Director will be responsible for reporting any grievance or dispute relating to
workplace relations or WHS matters that may impact on Project costs, related contracts
or timelines to the CCU and the client within 24 hours of becoming aware of the matter.
Regular updates will be provided to the CCU and the client about steps being taken to
resolve the matters.
Any threatened or actual industrial action that may impact Project costs, related
contracts or timelines will be reported to the CCU and client within 24 hours of the
threatened or actual industrial action. Regular updates will be provided to the CCU and
the client about steps being taken to resolve the matters.
All lost time information as a consequence of lawful and unlawful industrial conduct will
be recorded and provided to the CCU and client. This will include details as to who is
involved, the issues underlying the action, the unions involved, and the proposed nature
and duration of the action.

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17. Management of Unlawful Industrial Action

(References: Model WRMP - Part M)
The purpose of this section is to outline how Martinus-Gamuda will ensure that the Project is set up
and resourced to properly monitor, respond to and report unlawful industrial action, including
ensuring that the costs associated with unlawful action can be recovered.
The Project Director will promptly contact and seek the assistance of the HR and IR Managers
whenever an industrial issue is raised that could lead to an industrial dispute on site, including the
possibility of unlawful industrial action.
The Project Director with receive advice on the best course of action required to resolve the issue,
and where appropriate, will contact the parties to the dispute and take command of the situation to
ensure that the dispute is effectively resolved.
Where the dispute cannot be promptly resolved, assistance will be sought from Martinus-Gamuda’s
Regional and National expert HR/IR resources. If needed, the Master Builders’ Association and the
company’s legal advisers will be contacted to provide external support and expertise.
Where a contractor or subcontractor is a main party to the dispute, Martinus-Gamuda will provide
expertise to assist if internal resources require additional support to resolve the dispute as applicable.
All efforts and resources available to Martinus-Gamuda will be used to resolve industrial disputes
in an amicable and prompt manner, without disruption. However, Martinus-Gamuda will not be a
party to any dispute resolution agreement that infringes on its rights or on the rights of its
contractors and subcontractors.
17.1. Unlawful Industrial Action

Unlawful industrial action is any industrial action that is not protected industrial action
within
▪
the meaning of the Fair Work Act and includes, on the part of employees:
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
▪
A ban, limitation or restriction by employees on performing or accepting work
▪
A failure or refusal by employees to attend for work or perform any work.
Under
▪
the Fair Work Act, industrial action does not include:
Action by employees that is authorised or agreed to by the employer
▪
Action by an employer that is authorised or agreed to by, or on behalf of, employees
▪
Action taken by an employee if:
o It was based on a reasonable concern about an imminent risk to their
health or safety; and
o The employee did not unreasonably fail to comply with a direction of their
employer to perform other work that was safe and appropriate for them to
do.
A stoppage in relation to an alleged safety issue that is not in accordance with the terms
of the industrial instrument or the WHS Act is likely to constitute unlawful action.

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Project management and employees, including contractors and subcontractors will be

made aware of what constitutes unlawful industrial action, including through on-site
inductions and training and awareness programs.
17.2. Recording Unlawful Industrial Action

Any unlawful action is to be properly recorded. This will include details as to who is
involved, the issues underlying the action, the unions (if applicable) involved and the
nature and duration of the action.
Project management, including contractors and subcontractors will be provided with the
requirements for recording unlawful industrial action, including in affidavits and witness
statements.
The Martinus-Gamuda HR and IR Managers will be responsible to ensure that all

required information is collected and maintained.
17.3. Prohibition Against the Payment of Strike Pay

In the event that Martinus-Gamuda employees have engaged in, or are engaging in, unlawful
industrial action in relation to the Project, Martinus-Gamuda will withhold payment from such
employees for the requisite periods as provided for by the Fair Work Act.
In the event that one or more contractor or subcontractor employees have engaged in, or
are engaging in unprotected industrial action, Martinus-Gamuda will advise that payment
of wages to such employees must be withheld in accordance with the Fair Work Act.
17.4. Remedies
Martinus-Gamuda will take all reasonable steps to prevent or bring unlawful industrial
action to an end. Where appropriate, this will include taking or supporting legal action to
stop▪ unlawful industrial action from occurring or continuing. This includes by way of:
Section 418 of the Fair Work Act
▪
Injunctive relief from the Federal Court.
Martinus-Gamuda will also pursue, where appropriate, any damages or penalties that
may be available. Martinus-Gamuda will support contractors or subcontractors who also
pursue appropriate damages or penalties.
Costs arising from unlawful industrial action are to be identified, collected and collated by
the Commercial Manager in conjunction with the Project Director.
Where legal proceedings are initiated following unlawful action, Martinus-Gamuda’s
Regional Director will discuss any proposed settlement or withdrawal of the proceedings
with the CCU.
All parties will be made aware of the status of any legal proceedings throughout the
dispute period including the status of possible resolution.
Martinus-Gamuda will also make contingency plans to minimise impact on the Project
where possible when industrial action occurs.

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17.5. Rallies and Other Protest Actions

Rallies and other protest actions may constitute unlawful industrial action and Martinus-
Gamuda will take all reasonable steps to prevent such action.
Martinus-Gamuda employees will not be provided with permission to attend such actions
during work time and will be reminded of their obligations and of the consequences of
taking such action, including during inductions and on-going awareness sessions.
Martinus-Gamuda will expect its contractors and subcontractor to take a similar
approach with their employees.
Where such action is taken, Martinus-Gamuda will pursue remedies as outlined above.
17.6. Reporting Unlawful Industrial Action

The Project Director will be responsible for reporting any threatened or actual industrial
action that may impact on Project costs, related contracts or timelines to the CCU and
the client within 24 hours of becoming aware of the matter. Regular updates will be
provided to the CCU and the client about steps being taken to resolve the matters.

53
18. Audit and Review

(References: Model WRMP - Part N)
The purpose of this section is to outline how Martinus-Gamuda will regularly audit and
review the effective implementation of this WRMP over the life of the Project.
Implementation of the WRMP will be reviewed regularly by internal audit and/or

management review in order to establish the achievement of its objectives. Audit
checklists based on the WRMP objectives and procedures will be developed. Audit
reports with recommendations for corrective actions, where required, will be issued to
the Project Director and the IR and HR Managers for review and monitoring of any
required corrective actions.
Martinus-Gamuda will ensure full cooperation with the CCU in conducting desktop and
field audits and inspections of the Project and compliance with the Code and Guidelines.
Martinus-Gamuda will provide all necessary assistance and make available, on request,
all relevant records, including for contractors, subcontractors and suppliers for these
purposes.
Any corrective actions and improvement initiatives arising from the audit and review
process will be implemented and tracked through Project management and coordination
meetings. The Project Director will be responsible to ensure implementation of these
actions and modification of the WRMP where necessary to improve Project performance.
18.1. Maintenance and Storage of Industrial and Employment Records

Martinus-Gamuda’s IR Manage is responsible for maintaining Martinus-Gamuda’s IR
records.
The Records Management Plan provides instructions and information detailing Martinus-
Gamuda’s’ requirements for collecting maintaining and storing Martinus-Gamuda’s
contract/head office conformance and verification records.
Contract conformance and verification records include site-specific documentation

associated
▪
with the following contract planning and control processes:
Statutory and contractual requirements
▪
Safety, environmental, industrial and quality management
▪
Procurement and control of subcontracted activities
▪
Head contract and various subcontract administration activities
▪
Induction and training
▪
Site coordination meeting minutes
▪
WHS and Plant inspections and checklists
▪
Documentation which is evidence of a subcontractors compliance with industrial legislation.
18.2. Continuous Improvement

The feedback loop for the management of continuous improvement is addressed in the
Quality Management Plan under Improvements.

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19. Appendices
▪ Appendix A – Work Environment and Facilities Checklist

▪ Appendix B – Unlawful Coercion Appendix C – FWBC:
▪ Right of Entry

Appendix A - Work Environment and Facilities Checklist

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Appendix B – Unlawful Coercion

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Appendix C – FWBC: Right of Entry

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Workplace Relations Management Plan

GAMUDA (AUSTRALIA) BRANCH

PROJECT: Inland Rail – N2NS by ARTC

Head of HR & Administration

Attachments/Appendices to this plan are revised independently of this plan.

This document is uncontrolled when printed. Date printed:

Content ID: Revised:16-05-

Content ID: Revised:16-05-

14. Freedom of Association ......................................................................................................... 34

Content ID: Revised:16-05-

Figure 1: Project Map

Phase 1 of the Project includes:

Content ID: Revised:16-05-

1.2. Scope of the Workplace Relations Management Plan

This Plan outlines Martinus-Gamuda’s proposals for the development and

1.3. Purpose of the Workplace Relations Management Plan

This Workplace Relations Management Plan (WRMP) has been developed in

Content ID: Revised:16-05-

Figure 2: Workplace Relations Policy

Content ID: Revised:16-05-

3. Workplace Relations Strategy and Approach

Content ID: Revised:16-05-

3.5. Putting Our Strategy into Practice

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iv. Proactive management of workplace relations issues – identifying and

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4. Legal and Relation Obligations

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If areas of non-compliance are identified, Martinus-Gamuda will:

Content ID: Revised:16-05-

(References: Model WRMP - Part A)

Content ID: Revised:16-05-

Project Director • In collaboration with the Senior Industrial Relations Manager

Content ID: Revised:16-05-

− provide a working environment conducive to good industrial

Content ID: Revised:16-05-

Foremen/Supervisors • Develop, maintain and enhance good working relations and

To supplement the management of workplace relations generally, Martinus-Gamuda will

Content ID: Revised:16-05-

members of the Project team.

regard to Martinus-Gamuda’s Integrated Management System and Risk Management

Risk Likelihoo Impact Mitigation Measures

Content ID: Revised:16-05-

Risk Likelihoo Impact Mitigation Measures

Content ID: Revised:16-05-

Risk Likelihoo Impact Mitigation Measures

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7.1. Site Establishment Considerations

Content ID: Revised:16-05-

Content ID: Revised:16-05-

8. Contractor and Subcontractor Management

8.1. Selection of Contractors and Subcontractors

All invitations to contractors and subcontractors to provide submissions, tenders or

Martinus-Gamuda will ensure that contractors’ and subcontractors’ industrial instruments

Prior to engaging contractors or subcontractors, Martinus-Gamuda will review and verify

Content ID: Revised:16-05-

8.2. Audit and Compliance

Copies of documentation related to employee records must be maintained on site and

Regular follow up compliance audits will be conducted to ensure continuing compliance

The contractor or subcontractor Industrial Relations Representative, Project Manager

8.3. Identifying and Controlling Unacceptable Industrial Practices

Content ID: Revised:16-05-