"AMS Hydraulics Pty Ltd" & "A Murray & Sons (ACT) Pty Ltd" and Employees ACT Enterprise Agreement 2016-2020

1

Fair Work Act 2009 
s.185—Enterprise agreement

A Murray & Sons (ACT) Pty Ltd
(AG2016/4120)

“AMS HYDRAULICS PTY LTD” & “A MURRAY & SONS (ACT) PTY 

LTD” AND EMPLOYEES ACT ENTERPRISE AGREEMENT 2016-2020

Australian Capital Territory

DEPUTY PRESIDENT KOVACIC SYDNEY, 19 AUGUST 2016

Application for approval of the “AMS Hydraulics Pty Ltd” & “A Murray & Sons (ACT) Pty 
Ltd” and Employees ACT Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the 
“AMS Hydraulics Pty Ltd” & “A Murray & Sons (ACT) Pty Ltd” and Employees ACT 
Enterprise Agreement 2016-2020 (Agreement). The application was made pursuant to s.185 
of the Fair Work Act 2009 (Act). It has been made by A. Murray & Sons (ACT) Pty Ltd. The 
Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, I am satisfied 
that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this 
application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from A. Murray & 
Sons (ACT) Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a 
term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
27 August 2016. The nominal expiry date of the Agreement is 18 August 2020.

Printed by authority of the Commonwealth Government Printer

Price code G, AE420636  PR584430

[2016] FWCA 5858

DECISION


AUSTRALIA FairWork Commission

WORK THE FAIR COMMI AUSTRALIA, DEPUTY PRESIDENT EAL THE NOIS






[2016] FWCA 5858

2

ATTACHMENT A

AMS 
HYDRAULICS 

lS'h August, 2016 

The Fair Work Commission 
GPO Box 1994 
Melbourne. VIC. 3001 

Undertakings in relation to AG2016/4120- Application for Approval of the "AMS 
Hydraulics Pty Ltd" and "A Murray and Sons (ACT) Pty Ltd" and Employees ACT 

Enterprise Agreement 2016-2020 

Dear Commissioner, 

I refer to your email of 11 August 2016 seeking undertaking and information in regards to my application for approval 
of an enterprise bargaining agreement. 

Thank you for the opportunity to respond. As Director of both Applicant companies, I make the following undertakings: 

1. I undertake that notwithstanding clause 4.2 of the agreement, the nominal expiry date will be 4 years from the 
date of approval by the Fair Work Commission. 

2. I undertake that notwithstanding clause 20.6 of the agreement, all employees must be paid their base hourly 
rate of pay plus overtime loadings as set out in the table below clause 20.6. 

3. I undertake that the default fund under Clause 24.1 Superannuation is CBUS which is an Industry 
Superannuation Fund. Unique Identification Number: CBU0100AU ABN: 75 493 363 262. MySuper Product 
Narne: Growth (Cbus MySuper). 

Please do not hesitate to contact me with any further queries. 

Kind regards, 

Ian Connochie 
Director 
AMS Hydraulics Pty Ltd and A Murray & Sons (ACT) Pty Ltd 

• 
dmin@amshyd.com.au 

1w.amshydraulics.com.au 

Phone : (02) 6241 6222 

Fax: (02) 6241 8088 

59 Dacre St M itchel l ACT 2911 

PO Box 225 M itchell ACT 2911 

Commercial Plumbers Commercial Drainers Commercial Gasfitters Plant Hire 

The future in plumbing through design & innovation ABN : 19055035295 


AMS HYDRAULICS 15th August, 2016 The Fair Work Commission GPO Box 1994 Melbourne. VIC. 3001 Undertakings in relation to AG2016/4120 - Application for Approval of the "AMS Hydraulics Pty Ltd" and "A Murray and Sons (ACT) Pty Ltd" and Employees ACT Enterprise Agreement 2016-2020 Dear Commissioner, I refer to your email of 11 August 2016 seeking undertaking and information in regards to my application for approval of an enterprise bargaining agreement. Thank you for the opportunity to respond. As Director of both Applicant companies, I make the following undertakings: 1. I undertake that notwithstanding clause 4.2 of the agreement, the nominal expiry date will be 4 years from the date of approval by the Fair Work Commission. 2. I undertake that notwithstanding clause 20,6 of the agreement, all employees must be paid their base hourly rate of pay plus overtime loadings as set out in the table below clause 20.6. I undertake that the default fund under Clause 24. 1 Superannuation is CBUS which is an Industry Superannuation Fund. Unique Identification Number: CBU0100AU ABN: 75 493 363 262. MySuper Product Name: Growth (Cbus MySuper). Please do not hesitate to contact me with any further queries. Kind regards, Ian Connochie AMS Hydraulics Pty Ltd and A Murray & Sons (ACT) Pty Ltd Director dmin@amshyd.com.au Phone: (02) 6241 6222 59 Dacre St Mitchell ACT 2911 ww.amshydraulics.com.au Fax: (02) 6241 8088 PO Box 225 Mitchell ACT 2911 Commercial Plumbers Commercial Drainers Commercial Gasfitters Plant Hire The future in plumbing through design & innovation ABN: 19055035295




 



IIAMS HYDRAULICS PTY LTD" & 

IIA MURRAY & SONS (ACT) PTY LTD" 

AND 

EMPLOYEES 

ACT 

ENTERPRISE AGREEMENT 

2016- 2020 

HYDRAULICS 

1 


"AMS HYDRAULICS PTY LTD" & "A MURRAY & SONS (ACT) PTY LTD" AND EMPLOYEES ACT ENTERPRISE AGREEMENT 2016 - 2020 CAMS HYDRAULICS 1




 

hall
Standard



Contents 

Part 1 Introduction ................................................................................................... 5 

Title ........................................................................................................................ 5 

2 Interpretation ............................................................................................................ 5 

3 Coverage ................................................................................................................. 6 

4 Period of operation I Nominal Expiry Date ................................................................... 6 

5 Variation and termination ........................................................................................... 6 

6 Protected industrial action .......................................................................................... 7 

7 Annual wage increases .............................................................................................. 7 

8 Relationship to other workplace laws ........................................................................... 7 

Part 2 Consultation and Dispute Resolution ............................................................... 8 

9 Consultation ............................................................................................................. 8 

10 Dispute resolution ............................................................................................... 1 0 

Part 3 Flexibility ..................................................................................................... 12 

11 Individual flexibility arrangements ........................................................................ 12 

Part 4 General conditions of employment. ................................................................ 14 

12 General duties ..................................................................................................... 14 

13 Probationary period ............................................................................................. 14 

14 Types of employment .......................................................................................... 14 

15 Full-Time Employees ........................................................................................... 14 

16 Part-Time Employees ........................................................................................... 15 

17 Casual Employees ............................................................................................... 15 

Part 5 Hours of work, overtime and weekend work .................................................. 16 

18 Ordinary Hours ................................................................................................... 16 

2 


Contents Part 1 Introduction 5 1 Title 5 2 Interpretation 5 3 Coverage 6 4 Period of operation / Nominal Expiry Date. 6 5 Variation and termination. 6 6 Protected industrial action. 7 7 . Annual wage increases 7 8 Relationship to other workplace laws 7 Part 2 Consultation and Dispute Resolution . 8 9 Consultation .. 8 10 Dispute resolution 10 Part 3 Flexibility .. 12 11 Individual flexibility arrangements 12 Part 4 General conditions of employment. 14 12 General duties 14 13 Probationary period 14 14 Types of employment 14 15 Full-Time Employees. 14 16 Part-Time Employees. 15 17 Casual Employees 15 Part 5 Hours of work, overtime and weekend work 16 18 Ordinary Hours 16 . 2 en Av




 



19 Paid rostered days off. .......................................................................................... 16 

20 Overtime ............................................................................................................ 17 

21 Shift Work .......................................................................................................... 18 

22 Breaks ................................................................................................................ 19 

Part 6 Rates of pay .................................................................................................. 20 

23 Base Hourly Rate of Pay ...................................................................................... 20 

24 Superannuation ................................................................................................... 20 

25 Travel Allowance ................................................................................................ 20 

26 Productivity Allowance ........................................................................................ 20 

27 Living Away From Home Allowance ..................................................................... 21 

28 Payment of wages ................................................................................................ 21 

Part 7 Leave ........................................................................................................... 23 

29 Definitions .......................................................................................................... 23 

30 Annualleave ....................................................................................................... 23 

31 Personal I carer's leave and compassionate leave ..................................................... 24 

32 Community service leave ..................................................................................... 26 

33 Public holidays .................................................................................................... 26 

34 Long service leave ............................................................................................... 28 

35 Parental leave ...................................................................................................... 28 

Part 8 Stand down .................................................................................................. 29 

36 Inclement Weather ............................................................................................... 29 

Part 9 Work health and safety ................................................................................. 32 

37 General duties ..................................................................................................... 32 

38 Fitness for work .................................................................................................. 32 

3 


19 Paid rostered days off. 16 20 Overtime 17 21 Shift Work 18 22 Breaks 19 Part 6 Rates of pay. 20 23 Base Hourly Rate of Pay 20 24 Superannuation 20 25 Travel Allowance 20 26 Productivity Allowance. 20 27 Living Away From Home Allowance. 21 28 Payment of wages. 21 Part 7 Leave 23 29 Definitions. 23 30 Annual leave. 23 31 Personal / carer's leave and compassionate leave. 24 32 Community service leave 26 33 Public holidays 26 34 Long service leave 28 35 Parental leave. 28 Part 8 Stand down. 29 36 Inclement Weather .. 29 Part 9 Work health and safety 32 37 General duties 32 38 Fitness for work 32 3




 



39 Personal protective equipment.. ............................................................................. 33 

Part 10 Training ....................................................................................................... 34 

40 Training ............................................................................................................. 34 

Part 11 Termination of employment .......................................................................... 35 

41 Notice of termination ........................................................................................... 35 

42 Redundancy pay .................................................................................................. 35 

Part 12 Signatories to Agreement .............................................................................. 37 

Appendix A 38 

I Classification of Employees ................................................................................ : .... 38 

2 Rates of pay ........................................................................................................... 38 

3 Loadings summary .................................................................................................. 41 

4 Tool Summary ........................................................................................................ 42 

4 


39 Personal protective equipment. 33 Part 10 Training. 34 40 Training 34 Part 11 Termination of employment .. 35 41 Notice of termination 35 42 Redundancy pay .. 35 Part 12 Signatories to Agreement .. . 37 Appendix A 38 1 Classification of Employees 38 2 Rates of pay 38 3 Loadings summary 41 4 Tool Summary 42 4 le AS




 



Part 1 Introduction 

1 Title 

This Agreement is the "AMS Hydraulics Ply Ltd" & "A Murray & Sons (ACT) Ply Ltd" 
and Employees ACT Enterprise Agreement 2016-2020. 

2 Interpretation 

2.1 In this Agreement: 

Agreement means the "AMS Hydraulics Pty Ltd" & "A Murray & Sons (ACT) 
Ply Ltd" and Employees ACT Enterprise Agreement 2016-2020. 

Award means the Plumbing arid Fire Sprinklers Award 2010, as in force from 
time-to-time. 

Base Hourly Rate of Pay means an Employee's applicable hourly rates of 
pay set out in Appendix A, exclusive of any allowances. 

Casual Employee means an Employee who is engaged as such and who is 
paid in accordance with clause 17. 

Employee means a person employed by the Employer and who is covered by 
this Agreement under .clause 3. 

Employer means AMS Hydraulics Ply Ltd ABN: 19 005 035 295 and A Murray 
& Sons (ACT) Ply Ltd ABN: 57 003 481 374. 

Full-Time Employee means an Employee who works an average of 38 
Ordinary Hours per week. 

FW Act means the Fair Work Act 2009 (Cth), as in force from time-to-time. 

FWC means the Fair Work Commission. 

Journeyperson Plumber I Journeyperson Drainer means an Employee 
who has completed their plumbing apprenticeship (Certificate Ill) and .who 
holds the appropriate licencels and is primarily engaged to carry out plumbing 
work and drainage work under the supervision of a Sanitary Plumber I Drainer. 

NES mean the National Employment Standards at Part 2-2 of the FW Act, as 
in force from time-to-time. 

Nominal Expiry Date means the date specified in clause 4.2. 

Operative Drainer means an Employee who has completed their Certificate 
II, who holds the appropriate licencels and is primarily engaged to carry out 
drainage work under the supervision of a Licensed Plumber I Drainer. 

Ordinary Hours means the hours specified in clause 18. 
5 


Part 1 Introduction 1 Title This Agreement is the "AMS Hydraulics Pty Ltd" & "A Murray & Sons (ACT) Pty Ltd" and Employees ACT Enterprise Agreement 2016-2020. 2 Interpretation 2.1 In this Agreement: Agreement means the "AMS Hydraulics Pty Ltd" & "A Murray & Sons (ACT) Pty Ltd" and Employees ACT Enterprise Agreement 2016-2020. Award means the Plumbing and Fire Sprinklers Award 2010, as in force from time-to-time. Base Hourly Rate of Pay means an Employee's applicable hourly rates of pay set out in Appendix A, exclusive of any allowances. Casual Employee means an Employee who is engaged as such and who is paid in accordance with clause 17. Employee means a person employed by the Employer and who is covered by this Agreement under clause 3. Employer means AMS Hydraulics Pty Ltd ABN: 19 005 035 295 and A Murray & Sons (ACT) Pty Ltd ABN: 57 003 481 374. Full-Time Employee means an Employee who works an average of 38 Ordinary Hours per week. FW Act means the Fair Work Act 2009 (Cth), as in force from time-to-time. FWC means the Fair Work Commission. Journeyperson Plumber / Journeyperson Drainer means an Employee who has completed their plumbing apprenticeship (Certificate III) and .who holds the appropriate licence/s and is primarily engaged to carry out plumbing work and drainage work under the supervision of a Sanitary Plumber / Drainer. NES mean the National Employment Standards at Part 2-2 of the FW Act, as in force from time-to-time. Nominal Expiry Date means the date specified in clause 4.2. Operative Drainer means an Employee who has completed their Certificate Il, who holds the appropriate licence/s and is primarily engaged to carry out drainage work under the supervision of a Licensed Plumber / Drainer. Ordinary Hours means the hours specified in clause 18. 5 se AS




 



Part-Time Employee means an Employee who works an average of less than 
38 Ordinary Hours per week. 

Plant Operator I Trades Assistant means an employee who is primarily 
engaged (but not limited) to operating plant, whom may be required to assist 
all Employees when requested. 

Sanitary Plumber I Advanced Sanitary Drainer means an Employee who 
holds the appropriate licence/s and is primarily engaged to carry out plumbing 
and drainage work without supervision. 

Trades Assistant means an employee who is primarily engaged in assisting 
all Employees where and as required. 

Service is as defined in the FW Act, as in force from time-to-time. 

3 Coverage 

3.1 The Agreement applies to the Employer and its Employees who are 
predominantly engaged in on-site plumbing works undertaken as part of 
construction projects and who are covered by the classifications in Appendix 
A. 

3.2 For the avoidance of doubt, this Agreement does not apply to: 

(a) employees engaged predominantly in administrative tasks; 

(b) apprentices who are party to a contract of training with the Employer 
that is registered with the relevant government training authority; and 

(c) senior management employees, including but not limited to 
forepersons I site supervisors, safety managers and project 
managers etc. 

3.3 This agreement applies to employees employed on projects within the ACT 
(Australian Capital Territory). 

4 Period of operation I Nominal Expiry Date 

4.1 This Agreement will commence operation 7 days after it is approved by the 
FWC. 

4.2 This Agreement will apply until it is replaced by another agreement or is 
terminated, but will have a Nominal Expiry Date of 4 years from the day it 
commences operation. 

5 Variation and termination 

5.1 As per the FW Act, the Agreement may be varied as follows: 

6 


Part-Time Employee means an Employee who works an average of less than 38 Ordinary Hours per week. Plant Operator / Trades Assistant means an employee who is primarily engaged (but not limited) to operating plant, whom may be required to assist all Employees when requested. Sanitary Plumber / Advanced Sanitary Drainer means an Employee who holds the appropriate licence/s and is primarily engaged to carry out plumbing and drainage work without supervision. Trades Assistant means an employee who is primarily engaged in assisting all Employees where and as required. Service is as defined in the FW Act, as in force from time-to-time. 3 Coverage 3.1 The Agreement applies to the Employer and its Employees who are predominantly engaged in on-site plumbing works undertaken as part of construction projects and who are covered by the classifications in Appendix A. 3.2 For the avoidance of doubt, this Agreement does not apply to: (a) employees engaged predominantly in administrative tasks; (b) apprentices who are party to a contract of training with the Employer that is registered with the relevant government training authority; and (c) senior management employees, including but not limited to forepersons / site supervisors, safety managers and project managers etc. 3.3 This agreement applies to employees employed on projects within the ACT (Australian Capital Territory). 4 Period of operation / Nominal Expiry Date I This Agreement will commence operation 7 days after it is approved by the FWC. 4.2 This Agreement will apply until it is replaced by another agreement or is terminated, but will have a Nominal Expiry Date of 4 years from the day it commences operation. 5 Variation and termination 5.1 As per the FW Act, the Agreement may be varied as follows: 6 40




 



(a) if the Employer and a majority of affected Employees agree, an 
application may be made to the FWC to vary any aspect of the 
Agreement; and 

(b) either the Employer or an Employee (or their representative, if any) 
may make an application to vary the Agreement to remove an 
ambiguity or uncertainty. 

5.2 As per the FW Act, the Agreement may be terminated as follows: 

(a) before the Nominal Expiry Date, if the Employer and a majority of 
Employees agree, an application may be made to the FWC to 
terminate the Agreement; and 

(b) after the Nominal Expiry Date, either the Employer or an Employee 
(or their representative, if any) may apply to the FWC to terminate the 
Agreement. 

6 Protected industrial action 

Protected industrial action as defined in the FW Act cannot be taken by Employees 
prior to the Nominal Expiry Date of this Agreement. 

7 Annual wage increases 

Between the commencement of operation of this Agreement and its Nominal Expiry 
Date, the Base Hourly Rates of Pay in this Agreement will increase annually from 
the 1/7/2018 by: 

(a) First full pay period after 1/7/20181.5% increase 

(b) First full pay period after 1/7/20191.5% increase 

8 Relationship to other workplace laws 

8.1 This Agreement replaces in its entirety any potentially applicable modern 
awards, such as the Award, except where otherwise stated in this Agreement. 

8.2 For the avoidance of doubt, neither the Award, nor any applicable legislation, 
nor any policies and procedures of the Employer are incorporated into this 
Agreement and do not form part of an Employee's contract of employment. 

8.3 This Agreement operates in conjunction with the NES. 

7 


(a) if the Employer and a majority of affected Employees agree, an application may be made to the FWC to vary any aspect of the Agreement; and (b) either the Employer or an Employee (or their representative, if any) may make an application to vary the Agreement to remove an ambiguity or uncertainty. 5.2 As per the FW Act, the Agreement may be terminated as follows: (a) before the Nominal Expiry Date, if the Employer and a majority of Employees agree, an application may be made to the FWC to terminate the Agreement; and (b) after the Nominal Expiry Date, either the Employer or an Employee (or their representative, if any) may apply to the FWC to terminate the Agreement. 6 Protected industrial action Protected industrial action as defined in the FW Act cannot be taken by Employees prior to the Nominal Expiry Date of this Agreement. 7 Annual wage increases Between the commencement of operation of this Agreement and its Nominal Expiry Date, the Base Hourly Rates of Pay in this Agreement will increase annually from the 1/7/2018 by: (a) First full pay period after 1/7/2018 1.5% increase (b) First full pay period after 1/7/2019 1.5% increase 8 Relationship to other workplace laws 8.1 This Agreement replaces in its entirety any potentially applicable modern awards, such as the Award, except where otherwise stated in this Agreement. 8.2 For the avoidance of doubt, neither the Award, nor any applicable legislation, nor any policies and procedures of the Employer are incorporated into this Agreement and do not form part of an Employee's contract of employment. 8.3 This Agreement operates in conjunction with the NES. 7




 



Part 2 Consultation and Dispute Resolution 

9 Consultation 

9.1 This term applies if the Employer: 

(a) has made a definite decision to introduce a major change to 
production, program, organisation, structure or technology in relation 
to its enterprise that is likely to have a significant effect on the 
Employees; or 

(b) proposes to introduce a change to the regular roster or Ordinary 
Hours of work of Employees. 

Major change 

9.2 For a major change referred to in clause 9.1 (a): 

(a) the Employer must notify the Relevant Employees of the decision to 
introduce the major change; and 

(b) clauses 9.3 to 9.9 apply. 

9.3 The Relevant Employees may appoint a representative for the purposes of the 
procedures in this term. 

9.4 If: 

(a) a Relevant Employee appoints, or Relevant Employees appoint, a 
representative for the purposes of consultation; and 

(b) the Employee or Employees advise the Employer of the identity of 
the representative; · 

the Employer must recognise the representative. 

9.5 As soon as practicable after making its decision, the Employer must: 

(a) discuss with the Relevant Employees: 

i. the introduction of the change; and 

ii. the effect the change is likely to have on the Employees; 
and 

iii. measures the Employer is taking to avert or mitigate the 
adverse effect of the change on the Employees; and 

(b) for the purposes of the discussion-provide, in writing, to the 
Relevant Employees: 

8 


Part 2 Consultation and Dispute Resolution 9 Consultation 9.1 This term applies if the Employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or (b) proposes to introduce a change to the regular roster or Ordinary Hours of work of Employees. Major change 9.2 For a major change referred to in clause 9.1(a): (a) the Employer must notify the Relevant Employees of the decision to introduce the major change; and (b) clauses 9.3 to 9.9 apply. 9.3 The Relevant Employees may appoint a representative for the purposes of the procedures in this term. 9.4 If: (a) a Relevant Employee appoints, or Relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. 9.5 As soon as practicable after making its decision, the Employer must: (a) discuss with the Relevant Employees: i. the introduction of the change; and ii. the effect the change is likely to have on the Employees; and iii. measures the Employer is taking to avert or mitigate the adverse effect of the change on the Employees; and (b) for the purposes of the discussion-provide, in writing, to the Relevant Employees: 8




 



i. all relevant information about the change including the 
nature of the change proposed; and 

ii. information about the expected effects of the change on the 
Employees; and 

iii. any other matters likely to affect the Employees. 

9.6 However, the Employer is not required to disclose confidential or commercially 
sensitive information to the Relevant Employees. 

9. 7 The Employer must give prompt and genuine consideration to matters raised 
about the major change by the Relevant Employees 

9.8 If a term in this Agreement provides for a major change to production, program, 
organisation, structure or technology in relation to the enterprise of the 
Employer, the requirements set out in clause 9.2(a) and clauses 9.3 and 9.5 
are taken not to apply. 

9.9 In this term, a major change is likely to have a significant effect on 
Employees if it results in: 

(a) the termination of the employment of Employees; or 

(b) major change to the composition, operation or size of the Employer's 
workforce or to the skills required of Employees; or 

(c) the elimination or diminution of job opportunities (including 
opportunities for promotion or tenure); or 

(d) the alteration of hours of work; or 

(e) the need to retrain Employees; or 

(f) the need to relocate Employees to another workplace; or 

(g) the restructuring of jobs. 

Change to regular roster or Ordinary Hours of work 

9.10 For a change referred to in clause 9.1 (b): 

(a) the Employer must notify the Relevant Employees of the proposed 
change; and 

(b) clauses 9.11 to 9.15 apply 

9.11 The Relevant Employees may appoint a representative for the purposes of the 
procedures in this term. 

9.12 If: 

9 


i. all relevant information about the change including the nature of the change proposed; and ii. information about the expected effects of the change on the Employees; and iii. any other matters likely to affect the Employees. 9.6 However, the Employer is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 9.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the Relevant Employees 9.8 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in clause 9.2(a) and clauses 9.3 and 9.5 are taken not to apply. 9.9 In this term, a major change is likely to have a significant effect on Employees if it results in: (a) the termination of the employment of Employees; or (b) major change to the composition, operation or size of the Employer's workforce or to the skills required of Employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain Employees; or (f) the need to relocate Employees to another workplace; or (g) the restructuring of jobs. Change to regular roster or Ordinary Hours of work 9.10 For a change referred to in clause 9.1(b): (a) the Employer must notify the Relevant Employees of the proposed change; and (b) clauses 9.11 to 9.15 apply 9.11 The Relevant Employees may appoint a representative for the purposes of the procedures in this term. 9.12 If: 9 ed AS




 



(a) a Relevant Employee appoints, or Relevant Employees appoint, a · 
representative for the purposes of consultation; and 

(b) the Employee or Employees advise the Employer of the identity of 
the representative; 

the Employer must recognise the representative. 

9.13 As soon as practicable after proposing to introduce the change, the Employer 
must: 

(a) discuss with the Relevant Employees the introduction of the change; 
and 

(b) for the purposes of the discussion-provide to the Relevant 
Employees: 

i. all relevant information about the change, including the 
nature of the change; and 

ii. information about what the Employer reasonably believes 
will be the effects of the change on the Employees; and 

iii. information about any other matters that the Employer 
reasonably believes are likely to affect the Employees; and 

(c) invite the Relevant Employees to give their views about the impact of 
the change (including any impact in relation to their family or caring 
responsibilities). 

9.14 However, the Employer is not required to disclose confidential or commercially 
sensitive information to the Relevant Employees. 

9.15 The Employer must give prompt and genuine consideration to matters raised 
about the change by the Relevant Employees. 

9.16 In this term 'Relevant Employees' means the Employees who may be 
affected by a change referred to in clause 9.1. 

10 Dispute resolution 

10.1 If a dispute relates to: 

(a) a matter arising under this Agreement; or 

(b) the NES; 

this clause sets out procedures to settle the dispute. 

10 


(a) a Relevant Employee appoints, or Relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. 9.13 As soon as practicable after proposing to introduce the change, the Employer must: (a) discuss with the Relevant Employees the introduction of the change; and (b) for the purposes of the discussion-provide to the Relevant Employees: .all relevant information about the change, including the nature of the change; and ii. information about what the Employer reasonably believes will be the effects of the change on the Employees; and iii. information about any other matters that the Employer reasonably believes are likely to affect the Employees; and (c) invite the Relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 9.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 9.15 The Employer must give prompt and genuine consideration to matters raised about the change by the Relevant Employees. 9.16 In this term 'Relevant Employees' means the Employees who may be affected by a change referred to in clause 9.1. 10 Dispute resolution 10.1 If a dispute relates to: (a) a matter arising under this Agreement; or (b) the NES; this clause sets out procedures to settle the dispute. 10 WAS




 



10.2 An Employee who is a party to the dispute may appoint a representative for 
the purposes of the procedures in this term, who must be recognised by the 
Employer. 

10.3 In the first instance, the parties to the dispute must try to resolve the dispute 
at the workplace level, by discussions between the Employee or Employees 
and relevant supervisors and/or management. 

10.4 If discussions at the workplace level do not resolve the dispute, a party to the 
dispute may refer the matter to the FWC. 

10.5 The FWC may deal with the dispute in 2 stages: 

(a) the FWC will first attempt to resolve the dispute as it considers 
appropriate, including by mediation, conciliation, expressing an 
opinion or making a recommendation; and 

(b) if the FWC is unable to resolve the dispute at the first stage, the 
FWC may: 

i. arbitrate the dispute; and 

ii. make a determination that is binding on the parties. 

10.6 While the parties are trying to resolve the dispute: 

(a) an Employee must continue to perform their usual duties unless the 
Employee has a reasonable concern about an imminent risk to their 
health or safety; and 

(b) an Employee must comply with a direction given by the Employer to 
perform other available work at the same workplace, or at another 
workplace, unless: 

iv, the work is not safe; or 

v. applicable occupational health and safety legislation would 
not permit the work to be performed; or 

vi. the work is not appropriate for the Employee to perform; or 

vii. there are other reasonable grounds for the Employee to 
refuse to comply with the direction. 

10.7 The parties to the dispute agree to be bound by a decision made by FWC in 
accordance with this term. Any decision by the FWC must be consistent with 
the Building and Construction Industry (Fair and Lawful Building Sites) Code 
2014. 

11 


10.2 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term, who must be recognised by the Employer. 10.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee or Employees and relevant supervisors and/or management. 10.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the FWC. 10.5 The FWC may deal with the dispute in 2 stages: (a) the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the FWC is unable to resolve the dispute at the first stage, the FWC may: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. 10.6 While the parties are trying to resolve the dispute: (a) an Employee must continue to perform their usual duties unless the Employee has a reasonable concern about an imminent risk to their health or safety; and (b) an Employee must comply with a direction given by the Employer to perform other available work at the same workplace, or at another workplace, unless: iv: the work is not safe; or V. applicable occupational health and safety legislation would not permit the work to be performed; or vi. the work is not appropriate for the Employee to perform; or vii. there are other reasonable grounds for the Employee to refuse to comply with the direction. 10.7 The parties to the dispute agree to be bound by a decision made by FWC in accordance with this term. Any decision by the FWC must be consistent with the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014. 11 WAS




 



Part 3 Flexibility 

11 Individual flexibility arrangements 

11.1 The Employer and an Employee covered by this Agreement may agree to 
make an individual flexibility arrangement ('IF A') to vary the effect of terms of 
the Agreement if: 

(a) the IFA meets the genuine needs of the Employer and Employee; and 

(b) the IFA is genuinely agreed to by the Employer and Employee. 

11 .2 The Employer must ensure that the terms of the IF A: 

(a) are about permitted matters under section 172 of the FW Act; and 

(b) are not unlawful terms under section 194 of the FW Act; and 

(c) result in the Employee being better off overall than the Employee would 
be if no IFA was made. 

11.3 The Employer must ensure that the IF A: 

(a) is in writing; and 

(b) includes the name of the Employer and Employee; and 

(c) is signed by the Employer and Employee and if the Employee is under 
18 years of age, signed by a parent or guardian of the Employee; and 

(d) includes details of: 

i. the terms of the Agreement that will be varied by the IF A; and 

ii. how the IFA will vary the effect of the terms; and 

iii. how the Employee will be better off overall in relation to the terms 
and conditions of his or her employment as a result of the IFA; 
and 

(e) states the day on which the IFA commences. 

11.4 The Employer must give the Employee a copy of the IFA within 14 days after 
it is agreed to. 

11.5 The Employer or Employee may terminate the IF A: 

(a) by giving no more than 28 days written notice to the other party to the 
IFA; or 

(b) if the Employer and Employee agree in writing- at any time. 


Part 3 Flexibility 11 Individual flexibility arrangements 11.1 The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement ('IFA') to vary the effect of terms of the Agreement if: (a) the IFA meets the genuine needs of the Employer and Employee; and (b) the IFA is genuinely agreed to by the Employer and Employee. 11.2 The Employer must ensure that the terms of the IFA: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no IFA was made. 11.3 The Employer must ensure that the IFA: (a) is in writing; and (b) includes the name of the Employer and Employee; and (c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: i. the terms of the Agreement that will be varied by the IFA; and ii. how the IFA will vary the effect of the terms; and iii. how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the IFA; and (e) states the day on which the IFA commences. 11.4 The Employer must give the Employee a copy of the IFA within 14 days after it is agreed to. 11.5 The Employer or Employee may terminate the IFA: ) by giving no more than 28 days written notice to the other party to the IFA; or (b) if the Employer and Employee agree in writing - at any time. 12 le A




 



11.6 This clause does not prevent the making of a common law contract of 
employment that supplements the terms and conditions in this Agreement. 

11.7 For the avoidance of doubt, this Agreement would still apply where a common 
law contract of employment is made. 

13 


11.6 This clause does not prevent the making of a common law contract of employment that supplements the terms and conditions in this Agreement. 11.7 For the avoidance of doubt, this Agreement would still apply where a common law contract of employment is made. 13




 



Part 4 General conditions of employment 

12 General duties 

12.1 Employees must: 

(a) work honestly and faithfully and in a competent manner; 

(b) work as reasonably and lawfully directed by the Employer; 

(c) during normal working hours, devote the whole of their time and 
attention to the Employer's business; 

(d) fully and truthfully answer any questions the Employer asks regarding 
their employment or their activities on behalf of the Employer; and 

(e) follow any policies and procedures set by the Employer from time-to­
time. 

12.2 Work locations may vary at the direction of the Employer. 

12.3 Employees may be directed to carry out any duties that are reasonably. 
required by the Employer and within the limits of the Employee's skills, 
competence and training, even if those duties are inconsistent with the usual 
duties performed by the Employee. 

13 Probationary period 

13.1 An Employee's first 6 months of employment will be their probationary period. 

13.2 During an Employee's probationary period, either the Employer or the 
Employee may terminate the Employee's employment by providing one days' 
notice or payment in lieu of notice, unless they are dismissed for serious 
misconduct, in which case no notice will be payable. 

13.3 This clause does not apply to Casual Employees. 

14 Types of employment 

14.1 Employees under this Agreement will be employed either as full-time or part­
time Employees on daily hire, or as Casual Employees. At the time of 
engagement an Employer will inform each Employee in writing of the terms of 
their engagement, in particular whether they are to be full-time or part-time on 
daily hire or a Casual Employee. 

15 Full-Time Employees 

14 


Part 4 General conditions of employment 12 General duties 12.1 Employees must: (a) work honestly and faithfully and in a competent manner; (b) work as reasonably and lawfully directed by the Employer; (c) during normal working hours, devote the whole of their time and attention to the Employer's business; (d) fully and truthfully answer any questions the Employer asks regarding their employment or their activities on behalf of the Employer; and (e) follow any policies and procedures set by the Employer from time-to- time. 12.2 Work locations may vary at the direction of the Employer. 12.3 Employees may be directed to carry out any duties that are reasonably. required by the Employer and within the limits of the Employee's skills, competence and training, even if those duties are inconsistent with the usual duties performed by the Employee. 13 Probationary period 13.1 An Employee's first 6 months of employment will be their probationary period. 13.2 During an Employee's probationary period, either the Employer or the Employee may terminate the Employee's employment by providing one days' notice or payment in lieu of notice, unless they are dismissed for serious misconduct, in which case no notice will be payable. 13.3 This clause does not apply to Casual Employees. 14 Types of employment 14.1 Employees under this Agreement will be employed either as full-time or part- time Employees on daily hire, or as Casual Employees. At the time of engagement an Employer will inform each Employee in writing of the terms of their engagement, in particular whether they are to be full-time or part-time on daily hire or a Casual Employee. 15 Full-Time Employees 14 w Ad




 



Entitlements 

Full-Time Employees are entitled to all of the applicable conditions of employment 
in this Agreement. For hours worked, Full-Time Employees must be paid the 
applicable Base Hourly Rates of Pay as per Appendix A. 

16 Part-Time Employees 

Entitlements 

16.1 Part-Time Employees are entitled to all of the applicable conditions of 
employment in this Agreement, which (except where otherwise stated) accrue 
on a pro-rata basis, depending on hours worked. For hours worked, Part-Time 
Employees must be paid the applicable Base Hourly Rates of Pay as per 
Appendix A. 

Hours of work 

16.2 Upon engagement, Part~ Time Employees must be informed of their usual 
hours of work, which may thereafter only be varied with the agreement of the 
Employer and the Employee. 

17 Casual Employees 

Entitlements 

17.1 Casual Employees are entitled to all of the applicable conditions of 
employment in this Agreement, other than paid annual leave, paid 
personal/carer's leave, paid community service leave, payment for absences 
on public holidays, ROO's, redundancy pay and notice of termination. 

Casual loading 

17.2 For hours worked, Casual Employees must be paid a casual loading of 20%, 
calculated on the Employee's relevant Base Hourly Rate of Pay. 

17.3 The loading in clause 17.2 must be paid in addition to any overtime, weekend, 
shift or public holiday loadings. 

Minimum engagement 

17.4 A Casual Employee must be paid for at least 3 hours work per engagement, 
plus the Travel Allowance, regardless of whether there is sufficient work for 
that length of time. 

15 


Entitlements Full-Time Employees are entitled to all of the applicable conditions of employment in this Agreement. For hours worked, Full-Time Employees must be paid the applicable Base Hourly Rates of Pay as per Appendix A. 16. Part-Time Employees Entitlements 16.1 Part-Time Employees are entitled to all of the applicable conditions of employment in this Agreement, which (except where otherwise stated) accrue on a pro-rata basis, depending on hours worked. For hours worked, Part-Time Employees must be paid the applicable Base Hourly Rates of Pay as per Appendix A. Hours of work 16.2 Upon engagement, Part-Time Employees must be informed of their usual hours of work, which may thereafter only be varied with the agreement of the Employer and the Employee. 17 Casual Employees Entitlements 17.1 Casual Employees are entitled to all of the applicable conditions of employment in this Agreement, other than paid annual leave, paid personal/carer's leave, paid community service leave, payment for absences on public holidays, RDO's, redundancy pay and notice of termination. Casual loading 17.2 For hours worked, Casual Employees must be paid a casual loading of 20%, calculated on the Employee's relevant Base Hourly Rate of Pay. 17.3 The loading in clause 17.2 must be paid in addition to any overtime, weekend, shift or public holiday loadings. Minimum engagement 17.4 A Casual Employee must be paid for at least 3 hours work per engagement, plus the Travel Allowance, regardless of whether there is sufficient work for that length of time. 15




 



Part 5 Hours of work, overtime and weekend work 

18 Ordinary Hours 

18.1 Ordinary Hours of work are an average of 38 hours per week, worked between 
the hours of 6.00 am and 6.00 pm, Monday to Friday, averaged over a 4 week 
cycle in accordance with the paid rostered day off (ROO) regime set out in 
clause 20. 

18.2 Ordinary daily hours of work are 8 hours per day, inclusive of time worked 
towards ROOs. 

Daily start and finish times 

18.3 Actual daily start and finish times may be varied as directed by the Employer 
within the spread of hours described in clause 18.1. 

19 Paid rostered days off 

19.1 For each 8 hour day worked between Monday to Friday, Employees will be 
paid for 7.6 hours of work, with 0.4 hours accruing towards a 7.6 hour ROO 
accruing after every 19 days worked. 

Accrual of ROOs 

19.2 Employees accrue up to 13 ROOs per year. 

19.3 ROOs accrue progressively during an Employee's Ordinary Hours of work and 
days when Employees are absent on paid leave, but do not accrue on ROOs. 

19.4 For the avoidance of doubt, ROOs do not accrue when Employees are absent 
on workers' compensation, except on a pro rata basis for hours actually 
worked. 

Payment for ROOs 

19.5 Payment for ROOs will be at their Base Hourly Rate of pay. 

Taking ROOs 

19.6 ROOs may be 'banked' and taken at times agreed between the Employer and 
an Employee, or taken by Employees at times scheduled by the Employer. 

19.7 Where an Employee has accrued less than 7.6 hours prior to an ROO 
scheduled by the Employer, they may either be required to work by the 
Employer .or be provided with the ROO and be paid for such time as has 
accrued on a pro rata basis. 

Working on ROOs 

16 


..... Part 5 Hours of work, overtime and weekend work 18 Ordinary Hours 18.1 Ordinary Hours of work are an average of 38 hours per week, worked between the hours of 6.00 am and 6.00 pm, Monday to Friday, averaged over a 4 week cycle in accordance with the paid rostered day off (RDO) regime set out in clause 20. 18.2 Ordinary daily hours of work are 8 hours per day, inclusive of time worked towards RDOs. Daily start and finish times 18.3 Actual daily start and finish times may be varied as directed by the Employer within the spread of hours described in clause 18.1. 19 Paid rostered days off 19.1 For each 8 hour day worked between Monday to Friday, Employees will be paid for 7.6 hours of work, with 0.4 hours accruing towards a 7.6 hour RDO accruing after every 19 days worked. Accrual of RDOs 19.2 Employees accrue up to 13 RDOs per year. 19.3 RDOs accrue progressively during an Employee's Ordinary Hours of work and days when Employees are absent on paid leave, but do not accrue on RDOs. 19.4 For the avoidance of doubt, RDOs do not accrue when Employees are absent on workers' compensation, except on a pro rata basis for hours actually worked. Payment for RDOs 19.5 Payment for RDOs will be at their Base Hourly Rate of pay. Taking RDOs 19.6 RDOs may be 'banked' and taken at times agreed between the Employer and an Employee, or taken by Employees at times scheduled by the Employer. 19.7 Where an Employee has accrued less than 7.6 hours prior to an RDO scheduled by the Employer, they may either be required to work by the Employer or be provided with the RDO and be paid for such time as has accrued on a pro rata basis. Working on RDOs 16 1 A




 



19.8 An Employee may be required to work on an accrued ROO that has been 
agreed I scheduled, where there have been delays on a particular project, 
emergency work is required or to allow other Employees to be rostered more 
productively. Where an Employee is required to work on an ROO, they may 
elect to either: 

(a) cash-out and forfeit the ROO; or 

(b) 'bank' the ROO, to be taken at a later time agreed between the 
Employer and Employee. 

Cashing-out RDOs 

19.9 An Employee may elect to cash-out accrued ROOs in lieu of taking a paid 
rostered day off. For the avoidance of doubt, this will not affect the imposition 
of overtime loadings, which will continue to be payable after 8 hours of work 
per weekday, as per clause 20. 

20 Overtime 

20.1 The Employer may request an Employee to work reasonable overtime. 

20.2 An Employee may refuse to work unreasonable overtime. 

20.3 No Employee can work overtime without the prior agreement of the Employer. 

20.4 In determining whether overtime is reasonable or unreasonable, relevant 
factors include: 

(a) risks to health and safety; 

(b) the nature of the Employer's business, including its operational 
requirements and project demands; 

(c) the Employee's personal circumstances, including family 
responsibilities; 

(d) the fact that overtime loadings will be payable; 

(e) the amount of notice given by the Employer; 

(f) the amount of notice given by the Employee; and 

(g) any other relevant matter. 

17 


19.8 An Employee may be required to work on an accrued RDO that has been agreed / scheduled, where there have been delays on a particular project, emergency work is required or to allow other Employees to be rostered more productively. Where an Employee is required to work on an RDO, they may elect to either: (a) cash-out and forfeit the RDO; or (b) 'bank' the RDO, to be taken at a later time agreed between the Employer and Employee. Cashing-out RDOs 19.9 An Employee may elect to cash-out accrued RDOs in lieu of taking a paid rostered day off. For the avoidance of doubt, this will not affect the imposition of overtime loadings, which will continue to be payable after 8 hours of work per weekday, as per clause 20. 20 Overtime 20.1 The Employer may request an Employee to work reasonable overtime. 20.2 An Employee may refuse to work unreasonable overtime. 20.3 No Employee can work overtime without the prior agreement of the Employer. 20.4 In determining whether overtime is reasonable or unreasonable, relevant factors include: (a) risks to health and safety; (b) the nature of the Employer's business, including its operational requirements and project demands; (c) the Employee's personal circumstances, including family responsibilities; (d) the fact that overtime loadings will be payable; (e) the amount of notice given by the Employer; (f) the amount of notice given by the Employee; and (g) any other relevant matter. 17 AS




 



Overlime loadings 

20.6 An Employee who works outside of Ordinary Hours (inclusive of time accruing 
towards RDOs - i.e. more than 8 hours per weekday) must be paid the 
overtime loadings set out in the table below, multiplied by their Base Hourly 
Rate of Pay: 

. . ·.· . 
• · .. ··• ···. ·.··•· _· ... · .... · .. Overtime period 

·_.·.. .· .... 
.. . ·. .. 

Monday to Friday: first 2 hours 50% 

Monday to Friday: more than 2 hours 100% 

Saturday: first 2 hours 50% 

Saturday: more than 2 hours 100% 

Saturday: after midday 100% 

Sunday: all hours 100% 

Pari-Time Employees 

20.7 For the avoidance of doubt, Part-Time Employees are entitled to overtime after 
more than 8 hours of work per day (inclusive of time accruing towards RDOs). 

Minimum shifts on weekends 

20.8 An Employee who is required to work on a Saturday must be provided with at 
least 3 hours' worth of pay, regardless of whether there is sufficient work for 
that length oftime. 

20.9 An Employee who is required to work on a Sunday must be provided with at 
least 4 hours' worth of pay, regardless of whether there is sufficient work for 
that length of time. 

21 Shift Work 

21.1 Employees may be required by the Employer to work predominantly outside 
of Ordinary Hours during a given pay period, which will constitute 'Shift Work'. 

21.2 For Shift Work occurring between midnight Sunday and midnight Friday, 
·Employees must be paid a Shift Work loading of 33% calculated on their Base 
Hourly Rate of Pay, for all hours worked, which will replace overtime loadings 
under clause 20. 

18 


Overtime loadings 20.6 An Employee who works outside of Ordinary Hours (inclusive of time accruing towards RDOs - i.e. more than 8 hours per weekday) must be paid the overtime loadings set out in the table below, multiplied by their Base Hourly Rate of Pay: Overtime period Loading Monday to Friday: first 2 hours 50% Monday to Friday: more than 2 hours 100% Saturday: first 2 hours 50% Saturday: more than 2 hours 100% Saturday: after midday 100% Sunday: all hours 100% Part-Time Employees 20.7 For the avoidance of doubt, Part-Time Employees are entitled to overtime after more than 8 hours of work per day (inclusive of time accruing towards RDOs). Minimum shifts on weekends 20.8 An Employee who is required to work on a Saturday must be provided with at least 3 hours' worth of pay, regardless of whether there is sufficient work for that length of time. 20.9 An Employee who is required to work on a Sunday must be provided with at least 4 hours' worth of pay, regardless of whether there is sufficient work for that length of time. 21 Shift Work 21.1 Employees may be required by the Employer to work predominantly outside of Ordinary Hours during a given pay period, which will constitute 'Shift Work'. 21.2 For Shift Work occurring between midnight Sunday and midnight Friday, Employees must be paid a Shift Work loading of 33% calculated on their Base Hourly Rate of Pay, for all hours worked, which will replace overtime loadings under clause 20. 18




 



21.3 If the Employer and the Employee agree, an Employee may perform Shift 
Work on a Sunday and receive a Shift Work loading of 33% calculated on their 
Base Hourly Rate of Pay, for all hours worked which will replace overtime 
loadings under clause 22. 

21.4 For Shift Work occurring between midnight Friday and midnight Sunday, 
Employees performing Shift Work will be paid as for weekend work in 
accordance with the overtime provisions in clause 20. 

21.5 Shift Work hours are to be treated as Ordinary Hours of work for the purposes 
of ROO and leave accrual. 

21.6 For all work performed beyond 8 hours per shift (including time accruing 
towards RDOs) Employees performing Shift Work must be paid in accordance 
with the overtime provisions in clause 20. 

21.7 Employees must be provided with at least 10 consecutive hours off duty 
between shifts. If an Employee commences work without having received 10 
consecutive hours off duty, such time will be paid overtime rates in accordance 
with clause 20. 

22 Breaks 

22.1 An Employee who has worked for 5 hours must be provided with an unpaid 
meal break of not less than 30 minutes. 

22.2 Employees must be provided with a paid crib break of 10 minutes between 
9.00 am and 11.00 am. 

19 


21.3 If the Employer and the Employee agree, an Employee may perform Shift Work on a Sunday and receive a Shift Work loading of 33% calculated on their Base Hourly Rate of Pay, for all hours worked which will replace overtime loadings under clause 22. 21.4 For Shift Work occurring between midnight Friday and midnight Sunday, Employees performing Shift Work will be paid as for weekend work in accordance with the overtime provisions in clause 20. 21.5 Shift Work hours are to be treated as Ordinary Hours of work for the purposes of RDO and leave accrual. 21.6 For all work performed beyond 8 hours per shift (including time accruing towards RDOs) Employees performing Shift Work must be paid in accordance with the overtime provisions in clause 20. 21.7 Employees must be provided with at least 10 consecutive hours off duty between shifts. If an Employee commences work without having received 10 consecutive hours off duty, such time will be paid overtime rates in accordance with clause 20. 22 Breaks 22.1 An Employee who has worked for 5 hours must be provided with an unpaid meal break of not less than 30 minutes. 22.2 Employees must be provided with a paid crib break of 10 minutes between 9.00 am and 11.00 am. 19




 



Part 6 Rates of pay 

23 Base Hourly Rate of Pay 

23.1 An Employee must be paid the applicable Base Hourly Rate of Pay in 
Appendix A for their particular classification for all Ordinary Hours worked. All 
Employees engaged when this Agreement is voted will be paid at not less than 
their existing base rate. 

23.2 In accordance with section 206 of the FW Act, an Employee's Base Hourly 
Rate of Pay must not be less than the base rate of pay (i.e. exclusive of 
loadings, allowances etc) that would be payable under the Award. 

24 Superannuation 

24.1 The Employer will pay superannuation calculated on an Employee's ordinary 
time earnings into either a default fund or any fund nominated by the 
Employee, in accordance with the Superannuation Guarantee (Administration) 

Act 1992 (Cth). 

24.2 Ordinary time earnings are the wages paid to an Employee for Ordinary Hours 
of work, being the Base Hourly Rate of Pay set out in Appendix A, plus, where 
applicable: 

a) the Travel Allowance (clause 25); 

b) the Productivity Allowance (clause 26); and 

c) casualloadings. 

25 Travel Allowance 

25.1 A Travel Allowance of $23.69 per day will be paid to Employees, who are 
required to travel to a construction site. All employees engaged prior to the 
commencement of this Agreement will be paid their existing travel allowance. 

25.2 No Travel Allowance is payable for any day on which an Employee is offered 
or provided with transport free-of-charge from home to the construction site 
and return, or provided with a fully-maintained company vehicle. 

25.3 No Travel Allowance is payable for any day on which an Employee is only 
required to travel to the Employer's headquarters, workshop, yard or depot 
(e.g. for plant maintenance or training). 

25.4 The Travel Allowance is not subject to any loadings nor payable during any 
periods of leave, including RDOs. 

26 Productivity Allowance 
20 


Part 6 Rates of pay 23 Base Hourly Rate of Pay 23.1 An Employee must be paid the applicable Base Hourly Rate of Pay in Appendix A for their particular classification for all Ordinary Hours worked. All Employees engaged when this Agreement is voted will be paid at not less than their existing base rate. 23.2 In accordance with section 206 of the FW Act, an Employee's Base Hourly Rate of Pay must not be less than the base rate of pay (i.e. exclusive of loadings, allowances etc) that would be payable under the Award. 24 Superannuation 24.1 The Employer will pay superannuation calculated on an Employee's ordinary time earnings into either a default fund or any fund nominated by the Employee, in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth). 24.2 Ordinary time earnings are the wages paid to an Employee for Ordinary Hours of work, being the Base Hourly Rate of Pay set out in Appendix A, plus, where applicable: a) the Travel Allowance (clause 25); b) the Productivity Allowance (clause 26); and c) casual loadings. 25 Travel Allowance 25.1 A Travel Allowance of $23.69 per day will be paid to Employees, who are required to travel to a construction site. All employees engaged prior to the commencement of this Agreement will be paid their existing travel allowance. 25.2 No Travel Allowance is payable for any day on which an Employee is offered or provided with transport free-of-charge from home to the construction site and return, or provided with a fully-maintained company vehicle. 25.3 No Travel Allowance is payable for any day on which an Employee is only required to travel to the Employer's headquarters, workshop, yard or depot (e.g. for plant maintenance or training). 25.4 The Travel Allowance is not subject to any loadings nor payable during any periods of leave, including RDOs. 26 Productivity Allowance 20




 



26.1 A Productivity Allowance as set out in Appendix A, will be payable to all 
Employees, except Trades Assistants, for all hours worked. 

26.2 The Productivity Allowance is not subject to any loadings nor payable during 
any periods of leave and RDOs. 

27 Living Away From Home Allowance 

27.1 Where an existing employee is directed to perform work at a distant 
construction site which would make it unreasonable for them to return to their 
usual place of residence by vehicle each night, such work will be 'Distant 
Work' and they will be provided with a Living Away From Home Allowance as 
detailed below. 

27.2 At the discretion of the Employer, for all days of absence (including weekends) 
the Living Away From Home Allowance can be provided as either: 

(a) board (being two meals per day) and reasonable lodging; or 

(b) $20 per day where reasonable lodging is provided; or 

(c) $80 per day to cover meals and lodging (maximum 2 weeks) 

(d) $385 per week for longer periods to cover meals and lodging 

27.3 Where an Employee is directed to perform Distant Work, the Employer will pay 
for Employee's transport to the distant location and for any travel time up to 8 
hours pay per day (including time accrued towards RDOs) at their Base Hourly 
Rate of Pay (which will replace any entitlement to the Travel Allowance under 
clause 27). 

27.4 The Living Away From Home Allowance is not subject to any loadings nor 
payable during any periods of leave. 

27.5 The Travel Allowance in clause 27 will be payable to all Employees engaged 
on Distant Work, except where they are accommodated on or adjacent to the 
construction site. 

27.6 Where a new employee applies for a position at the location of a distant 
construction site or where an employee requests to be relocated to a distant 
location site the employee will be deemed as being employed at that site 
therefore Clauses 27.1 to 27.5 will not apply. 

28 Payment of wages 

21 


26.1 A Productivity Allowance as set out in Appendix A, will be payable to all Employees, except Trades Assistants, for all hours worked. 26.2 The Productivity Allowance is not subject to any loadings nor payable during any periods of leave and RDOs. 27 Living Away From Home Allowance 27.1 Where an existing employee is directed to perform work at a distant construction site which would make it unreasonable for them to return to their usual place of residence by vehicle each night, such work will be 'Distant Work' and they will be provided with a Living Away From Home Allowance as detailed below. 27.2 At the discretion of the Employer, for all days of absence (including weekends) the Living Away From Home Allowance can be provided as either: (a) board (being two meals per day) and reasonable lodging; or (b) $20 per day where reasonable lodging is provided; or (c) $80 per day to cover meals and lodging (maximum 2 weeks) (d) $385 per week for longer periods to cover meals and lodging 27.3 Where an Employee is directed to perform Distant Work, the Employer will pay for Employee's transport to the distant location and for any travel time up to 8 hours pay per day (including time accrued towards RDOs) at their Base Hourly Rate of Pay (which will replace any entitlement to the Travel Allowance under clause 27). 27.4 The Living Away From Home Allowance is not subject to any loadings nor payable during any periods of leave. 27.5 The Travel Allowance in clause 27 will be payable to all Employees engaged on Distant Work, except where they are accommodated on or adjacent to the construction site. 27.6 Where a new employee applies for a position at the location of a distant construction site or where an employee requests to be relocated to a distant location site the employee will be deemed as being employed at that site therefore Clauses 27.1 to 27.5 will not apply. 28 Payment of wages 21




 



28.1 Each Employee will be paid weekly by way of electronic funds transfer. 
Employees will receive an electronic pay slip on a weekly basis. 

22 


--------- - 28.1 Each Employee will be paid weekly by way of electronic funds transfer. Employees will receive an electronic pay slip on a weekly basis. 22




 



Part 7 Leave 

29 Definitions 

In this Part, as per the FW Act: 

Immediate family means: 

(a) a spouse, de facto partner, child, parent, grandparent, grandchild or 
sibling of an Employee; or 

(b) a child, parent, grandparent, grandchild or sibling of a spouse or de 
facto partner of an Employee. 

30 Annual leave 

30.1 Annual leave is provided under the NES. 

30.2 An Employee (other than a Casual Employee) is entitled to up to 20 days of 
paid annual leave per year of Service. 

30.3 Annual leave accrues during Ordinary Hours and accumulates from year-to­
year. Annual leave accrues at the rate of approximately 2.923 hours per week. 

30.4 Annual leave may be taken at any time agreed to between the Employer and 
an Employee or as directed by the Employer under clauses 30.8, 30.9 and 
30.1 0. The Employer must not unreasonably refuse an Employee's request to 
take annual leave. 

Payment for annual leave 

30.5 An Employee on annual leave must be paid for the particular Employee's 
ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing 
towards an RDO) at their applicable Base Hourly Rate of Pay. 

30.6 An Employee on annual leave will also receive an annual leave loading, 
calculated at 17.5% of their Base Hourly Rate of Pay whilst on annual leave. 

Accrued annual leave on termination 

30.7 Upon termination of employment by the Employer, an Employee must be paid 
for any unused accrued annual leave at the rate that would have been payable 
had the Employee taken the leave, including the annual leave loading under 
clause 30.6. If the employee leaves of his own accord then loading does not 
apply. 

Direction to take annual leave - Excessive leave 

23 


Part 7 Leave 29 Definitions In this Part, as per the FW Act: Immediate family means: (a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of an Employee; or (b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of an Employee. 30 Annual leave 30.1 Annual leave is provided under the NES. 30.2 An Employee (other than a Casual Employee) is entitled to up to 20 days of paid annual leave per year of Service. 30.3 Annual leave accrues during Ordinary Hours and accumulates from year-to- year. Annual leave accrues at the rate of approximately 2.923 hours per week. 30.4 Annual leave may be taken at any time agreed to between the Employer and an Employee or as directed by the Employer under clauses 30.8, 30.9 and 30.10. The Employer must not unreasonably refuse an Employee's request to take annual leave. Payment for annual leave 30.5 An Employee on annual leave must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Hourly Rate of Pay. 30.6 An Employee on annual leave will also receive an annual leave loading, calculated at 17.5% of their Base Hourly Rate of Pay whilst on annual leave. Accrued annual leave on termination 30.7 Upon termination of employment by the Employer, an Employee must be paid for any unused accrued annual leave at the rate that would have been payable had the Employee taken the leave, including the annual leave loading under clause 30.6. If the employee leaves of his own accord then loading does not apply. Direction to take annual leave - Excessive leave 23 W A




 



30.8 The Employer may require an Employee to take annual leave, as long as the 
Employee would be left with at least 20 days of accrued annual leave. 

Direction to take annual/eave- Annual shut-down 

30.9 The Employer may require an Employee to take annual leave and I or RDOs 
during an annual company shutdown in conjunction with the Christmas I New 
Year holiday period, where at least four weeks' notice has been provided to 
Employees or they otherwise agree. 

30.10 If an Employee does not have sufficient accrued annual leave and I or RDOs 
to cover the annual shutdown, the Employee may be directed to take any 
accrued annual leave and I or RDOs and I or otherwise take leave without 
pay. 

Cashing-out of annual/eave 

30.11 An Employee may cash-out annual leave provided that: 

(a) the Employee would be left with at least 20 days of accrued annual 
leave; 

(b) the Employer and Employee agree in writing to cash-out the leave; 
and 

(c) the Employee is paid the rate that would have been payable had the 
Employee taken the leave, including the annual leave loading under 
clause 30.6. 

Interaction with other leave 

30.12 An Employee's accrued annual leave will not be debited for any days on 
which the Employee is entitled to paid absence for a public holiday under 
clause 34, is on paid personal/ carer's leave, paid compassionate leave or 
community service leave. 

31 Personal/ carer's leave and compassionate leave 

31.1 Personal/ carer's leave and compassionate leave is provided under the NES. 

Paid personal I carer's leave 

31.2 An Employee (other than a Casual Employee) is entitled to up to 10 days of 
paid personal/ carer's leave per year of Service. 

31.3 Personal/ carer's leave accrues during Ordinary Hours and accumulates from 
year to year. Personal/carer's leave accrues at the rate of approximately 1.461 
hours per week. 

24 


30.8 The Employer may require an Employee to take annual leave, as long as the Employee would be left with at least 20 days of accrued annual leave. Direction to take annual leave - Annual shut-down 30.9 The Employer may require an Employee to take annual leave and / or RDOs during an annual company shutdown in conjunction with the Christmas / New Year holiday period, where at least four weeks' notice has been provided to Employees or they otherwise agree. 30.10 If an Employee does not have sufficient accrued annual leave and / or RDOs to cover the annual shutdown, the Employee may be directed to take any accrued annual leave and / or RDOs and / or otherwise take leave without pay. Cashing-out of annual leave 30.11 An Employee may cash-out annual leave provided that: (a) the Employee would be left with at least 20 days of accrued annual leave; (b) the Employer and Employee agree in writing to cash-out the leave; and (c) the Employee is paid the rate that would have been payable had the Employee taken the leave, including the annual leave loading under clause 30.6. Interaction with other leave 30.12 An Employee's accrued annual leave will not be debited for any days on which the Employee is entitled to paid absence for a public holiday under clause 34, is on paid personal / carer's leave, paid compassionate leave or community service leave. 31 Personal / carer's leave and compassionate leave 31.1 Personal / carer's leave and compassionate leave is provided under the NES. Paid personal / carer's leave 31.2 An Employee (other than a Casual Employee) is entitled to up to 10 days of paid personal / carer's leave per year of Service. 31.3 Personal / carer's leave accrues during Ordinary Hours and accumulates from year to year. Personal/carer's leave accrues at the rate of approximately 1.461 hours per week. 24




 



31.4 Personal I carer's leave may be taken whenever an Employee is not fit for work 
due to a personal illness or injury, or where a member of the Employee's 
household or immediate family requires care because of an illness, injury or 
unexpected emergency. 

Payment for personal I carer's leave 

31.5 An Employee on paid personal I carer's leave must be paid for the particular 
Employee's ordinary hours of work (up to 8 hours per day, less 0.4 hours 
accruing towards an ROO) at their applicable Base Hourly Rate of Pay. 

Unpaid carer's leave 

31.6 Where an Employee has no accrued paid personal/carer's leave, they may 
take up to 2 days of unpaid carer's leave per occasion where a member of the 
Employee's household or immediate family requires care because of an 
illness, injury or unexpected emergency. 

31.7 Unlike paid personal I carer's leave, unpaid carer's leave is available to Casual 
Employees. 

Paid compassionate leave 

31.8 An Employee (including a Casual Employee) may take up to 2 days of 
compassionate leave per occasion whenever a member of the Employee's 
household or immediate family has contracted an illness or sustained an injury 
which poses a serious threat to their life, or has died. 

31.9 An Employee on compassionate leave (other than a Casual Employee) must 
be paid for the particular Employee's ordinary hours of work (up to 8 hours per 
day, inclusive of 0.4 hours accruing towards an ROO) at their applicable Base 
Hourly Rate of Pay. 

Notice and evidence 

31.10 An Employee who is on paid personal I carer's leave, unpaid carer's leave or 
paid compassionate leave must give the Employer notice of their absence as 
soon as practicable, advising the Employer of the expected length of the 
leave. 

31.11 The Employer may request the Employee to provide reasonable evidence 
that the leave was taken for a permissible reason. 

31.12 Depending on the circumstances, the Employer may require an Employee to 
produce a medical certificate provided by a medical practitioner as defined in 

25 


31.4 Personal / carer's leave may be taken whenever an Employee is not fit for work due to a personal illness or injury, or where a member of the Employee's household or immediate family requires care because of an illness, injury or unexpected emergency. Payment for personal / carer's leave 31.5 An Employee on paid personal / carer's leave must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, less 0.4 hours accruing towards an RDO) at their applicable Base Hourly Rate of Pay. Unpaid carer's leave 31.6 Where an Employee has no accrued paid personal/carer's leave, they may take up to 2 days of unpaid carer's leave per occasion where a member of the Employee's household or immediate family requires care because of an illness, injury or unexpected emergency. 31.7 Unlike paid personal / carer's leave, unpaid carer's leave is available to Casual Employees. Paid compassionate leave 31.8 An Employee (including a Casual Employee) may take up to 2 days of compassionate leave per occasion whenever a member of the Employee's household or immediate family has contracted an illness or sustained an injury which poses a serious threat to their life, or has died. 31.9 An Employee on compassionate leave (other than a Casual Employee) must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Hourly Rate of Pay. Notice and evidence 31.10 An Employee who is on paid personal / carer's leave, unpaid carer's leave or paid compassionate leave must give the Employer notice of their absence as soon as practicable, advising the Employer of the expected length of the leave. 31.11 The Employer may request the Employee to provide reasonable evidence that the leave was taken for a permissible reason. 31.12 Depending on the circumstances, the Employer may require an Employee to produce a medical certificate provided by a medical practitioner as defined in 25




 



the FW Act (e.g. where leave is taken next to a public holiday, a weekend or 
for multiple days of absence) a statutory declaration or other evidence (e.g. 
for a single day of absence mid-week). If an Employee fails to provide 
reasonable evidence after being requested to do so, the Employee will not 
be entitled to be paid for their absence. 

Interaction with public holidays 

31.13 An Employee's accrued paid personal I carer's leave will not be debited for 
any days of absence on which the Employee is entitled to paid absence for 
a public holiday under clause 33. 

32 Community service leave 

32.1 Community service leave is provided under the NES. 

32.2 An Employee is entitled to be absent from work on community service leave 
where they are required to provide jury service or engage in a 'Voluntary 
Emergency Management Activity', as provided for in the NES. 

Jury service 

32.3 An Employee is not entitled to be paid while on community service leave, 
unless they are on jury service. However, a Casual Employee on jury service 
is not entitled to payment. 

32.4 An Employee (other than a Casual Employee) on jury service must be paid for 
the particular Employee's ordinary hours of work (up to 8 hours per day, 
inclusive of 0.4 hours accruing towards an RDO) at their applicable Base 
Hourly Rate of Pay, but only during their first 10 days of absence. 

Payment for jury service 

32.5 The Employer may require an Employee to provide reasonable evidence that 
the Employee tried to obtain government-funded jury pay and of the amount 
payable or paid. 

32.6 The Employer is only required to pay an Employee the difference (if any) 
between the Employee's Base Hourly Rate of Pay and the government-funded 
jury pay. 

32.7 If the Employee fails to provide evidence of having attempted to obtain 
government-funded jury pay (following a request to provide such evidence) the 
Employer is not required to pay the Employee for any period of jury service. 

33 Public holidays 

33.1 Public holiday leave is provided under the NES. 
26 


the FW Act (e.g. where leave is taken next to a public holiday, a weekend or for multiple days of absence) a statutory declaration or other evidence (e.g. for a single day of absence mid-week). If an Employee fails to provide reasonable evidence after being requested to do so, the Employee will not be entitled to be paid for their absence. Interaction with public holidays 31.13 An Employee's accrued paid personal / carer's leave will not be debited for any days of absence on which the Employee is entitled to paid absence for a public holiday under clause 33. 32 Community service leave 32.1 Community service leave is provided under the NES. 32.2 An Employee is entitled to be absent from work on community service leave where they are required to provide jury service or engage in a 'Voluntary Emergency Management Activity', as provided for in the NES. Jury service 32.3 An Employee is not entitled to be paid while on community service leave, unless they are on jury service. However, a Casual Employee on jury service is not entitled to payment. 32.4 An Employee (other than a Casual Employee) on jury service must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Hourly Rate of Pay, but only during their first 10 days of absence. Payment for jury service 32.5 The Employer may require an Employee to provide reasonable evidence that the Employee tried to obtain government-funded jury pay and of the amount payable or paid. 32.6 The Employer is only required to pay an Employee the difference (if any) between the Employee's Base Hourly Rate of Pay and the government-funded jury pay. 32.7 If the Employee fails to provide evidence of having attempted to obtain government-funded jury pay (following a request to provide such evidence) the Employer is not required to pay the Employee for any period of jury service. 33 Public holidays 33.1 Public holiday leave is provided under the NES. 26




 



33.2 An Employee is entitled to be absent from work on a public holiday. 

33.3 An Employer may request an Employee to work on a public holiday if the 
request is reasonable. However, an Employee may still refuse to work on a 
public holiday if the refusal is reasonable. 

33.4 In determining whether a request is or a refusal is reasonable, relevant factors 
include: 

(a) the nature the Employer's business, including its operational 
requirements and project demands; 

(b) the Employee's personal circumstances, including family 
responsibilities; 

(c) the fact that public holiday loadings will be payable; 

(d) the amount of notice given by the Employer; 

(e) the amount of notice given by the Employee; and 

(f) any other relevant matter. 

Payment for public holidays 

33.5 Employees (other than Casual Employees) who are absent on a public holiday 
on which the Employee would ordinarily have worked must be paid for the 
particular Employee's ordinary hours of work (up to 8 hours per day, inclusive 
of 0.4 hours accruing towards an ROO) at their applicable Base Hourly Rate 
of Pay. 

Public holiday loading 

33.6 An Employee who is required to work on a public holiday must be paid their 
applicable Base Hourly Rate of Pay, plus a loading of 150%, calculated on 
their Base Hourly Rate of Pay. 

Minimum shifts on public holidays 

33.7 An Employee who is required to work on a public holiday must be provided 
with at least 4 hours' worth of pay, regardless of whether there is sufficient 
work for that length of time. 

Recognised public holidays 

33.8 The following days (or any substituted days under the Holidays Act 1958 
(ACT)) are public holidays: 

(a) 1 January (New Year's Day); 

27 


33.2 An Employee is entitled to be absent from work on a public holiday. 33.3 An Employer may request an Employee to work on a public holiday if the request is reasonable. However, an Employee may still refuse to work on a public holiday if the refusal is reasonable. 33.4 In determining whether a request is or a refusal is reasonable, relevant factors include: (a) the nature the Employer's business, including its operational requirements and project demands; (b) the Employee's personal circumstances, including family responsibilities; (c) the fact that public holiday loadings will be payable; (d) the amount of notice given by the Employer; (e) the amount of notice given by the Employee; and (f) any other relevant matter. Payment for public holidays 33.5 Employees (other than Casual Employees) who are absent on a public holiday on which the Employee would ordinarily have worked must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Hourly Rate of Pay. Public holiday loading 33.6 An Employee who is required to work on a public holiday must be paid their applicable Base Hourly Rate of Pay, plus a loading of 150%, calculated on their Base Hourly Rate of Pay. Minimum shifts on public holidays 33.7 An Employee who is required to work on a public holiday must be provided with at least 4 hours' worth of pay, regardless of whether there is sufficient work for that length of time. Recognised public holidays 33.8 The following days (or any substituted days under the Holidays Act 1958 (ACT)) are public holidays: (a) 1 January (New Year's Day); 27




 



(b) 26 January (Australia Day); 

(c) Canberra Day; 

(d) Good Friday; 

(e) Easter Saturday; 

(f) Easter Monday; 

(g) 25 April (Anzac Day); 

(h) Queen's Birthday; 

(i) Labour Day; 

Ul Family and Community Day; 

(k) 25 December (Christmas Day); 

(I) 26 December (Boxing Day). 

Substituted public holidays 

33.9 The Employer and an Employee may agree to substitute a public holiday (or 
part of that day) for another day or part-day. 

34 Long service leave 

Employees may be entitled to long service leave in accordance with the NES and 
the Long Service (Portable Schemes) Act 2009 (ACT) and I or the Long Service 
Leave Act 1976 (ACT). 

35 Parental leave 

An Employee may be entitled to parental leave in accordance with the NES and the 
Paid Parental Leave Act 2010 (Cth). 

28 


(b) 26 January (Australia Day); (c) Canberra Day; (d) Good Friday; (e) Easter Saturday; (f) Easter Monday; (g) 25 April (Anzac Day); (h) Queen's Birthday; (i) Labour Day; (i) Family and Community Day; (k) 25 December (Christmas Day); (1) 26 December (Boxing Day). Substituted public holidays 33.9 The Employer and an Employee may agree to substitute a public holiday (or part of that day) for another day or part-day. 34 Long service leave Employees may be entitled to long service leave in accordance with the NES and the Long Service (Portable Schemes) Act 2009 (ACT) and / or the Long Service Leave Act 1976 (ACT). -- 35 Parental leave An Employee may be entitled to parental leave in accordance with the NES and the Paid Parental Leave Act 2010 (Cth). 28




 



Part 8 Stand down 

36 Inclement Weather 

36.1 Inclement weather means the existence of rain or abnormal climatic conditions 
(whether hail, extreme cold, high wind, severe dust storm, extreme high 
temperature or the like or any combination of these conditions) where it is not 
reasonable or it is unsafe for employees to continue working in those 
conditions. 

36.2 The Employer or its representative, when requested by the Employees or their 
representative, must confer within a reasonable time (which does not exceed 
30 minutes). Weather will not be regarded as inclement unless it is agreed at 
such conference. 

36.3 If the Employer or their representative refuses to confer within such reasonable 
period, Employees will be entitled to cease work for the day and be paid for 
inclement weather. 

36.4 An employee will not be entitled to payment for inclement weather as provided 
for in this sub-clause unless the Employee remains on-the-job until the below 
provisions have been observed. 

36.5 An employee will be entitled to payment by their Employer for ordinary time 
lost through inclement weather for up to, but not more than 32 hours in every 
period of four weeks. The following conditions will apply: 

(i) the first period will commence on the first Monday on or after the 
1 January each year, and subsequent periods will commence at four 
weekly periods thereafter; 

(ii) the Employee will be credited with 32 hours at the commencement 
of each four weekly period. Hours will not accumulate or be carried 
over; 

(iii) if an Employee commences employment during a four weekly period 
they will be credited eight hours for each week, or part of a week, 
that the employee is employed during the four weekly period; 

(iv) the number of hours credited to an employee will be reduced by the 
number of hours for which payment is made; and 

(v) payment under this clause will be weekly. 

36.6 Employees may be transferred from one location on a site where it is 
unreasonable to work due to inclement weather, to work at another location 
on the same site, or another site including the main office warehouse, which 

29 


Part 8 Stand down 36 Inclement Weather 36.1 Inclement weather means the existence of rain or abnormal climatic conditions (whether hail, extreme cold, high wind, severe dust storm, extreme high temperature or the like or any combination of these conditions) where it is not reasonable or it is unsafe for employees to continue working in those conditions. 36.2 The Employer or its representative, when requested by the Employees or their representative, must confer within a reasonable time (which does not exceed 30 minutes). Weather will not be regarded as inclement unless it is agreed at such conference. 36.3 If the Employer or their representative refuses to confer within such reasonable period, Employees will be entitled to cease work for the day and be paid for inclement weather. 36.4 An employee will not be entitled to payment for inclement weather as provided for in this sub-clause unless the Employee remains on-the-job until the below provisions have been observed. 36.5 An employee will be entitled to payment by their Employer for ordinary time lost through inclement weather for up to, but not more than 32 hours in every period of four weeks. The following conditions will apply: (i) the first period will commence on the first Monday on or after the 1 January each year, and subsequent periods will commence at four weekly periods thereafter; (ii) the Employee will be credited with 32 hours at the commencement of each four weekly period. Hours will not accumulate or be carried over; (iii) if an Employee commences employment during a four weekly period they will be credited eight hours for each week, or part of a week, that the employee is employed during the four weekly period; (iv) the number of hours credited to an employee will be reduced by the number of hours for which payment is made; and (v) payment under this clause will be weekly. 36.6 Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site, or another site including the main office warehouse, which 29 e A




 



is not affected by inclement weather. Where an employee is required to 
transfer from one site to another the employee will be reimbursed the cost of 
transport, except where the employer provides transport. 

36.7 Employees required to work in inclement weather: 

(i) Employees required to work in inclement weather will only be obliged 
to perform such work as is essential to overcome the emergency and 
to restore an acceptable service and/or to secure or make the site 
safe as circumstances require. Employees engaged on such work 
must be paid at the rate of double time. 

(ii) Where the Employer requires an Employee to work in inclement 
weather, the Employee will be reimbursed in full the cost of 
appropriate protective clothing, except where the Employer provides 
such protective clothing. 

(iii) If the Employee's clothing becomes wet as a result of working in wet 
weather and the employee does not have a change of dry work 
clothes, the Employee will be entitled, at the completion of the work, 
to cease work for the day without loss of pay. 

36.8 At the time Employees cease work due to inclement weather the Employer or 
their representative on site and the Employees' representative will agree and 
note the time of cessation of work. After the period of inclement weather has 
clearly ended the employees will resume work and the time will be similarly 
agreed and noted. 

36.9 Where an employee is prevented from working at their particular function as a 
result of unsafe conditions caused by inclement weather, the Employee may 
be transferred to other work in their trade on site, until the unsafe conditions 
are rectified. Where such alternative work is not available, and until the unsafe 
conditions are rectified, the Employee will remain on site. The Employee must 
be paid for such time without reduction of their inclement weather entitlement. 

36.10 Additional wet weather procedure 

(i) Remaining on site 

Where, because of wet weather, the Employees are prevented from 
working: 

• for more than an accumulated total of four hours of ordinary 
time in any one day; 

• after the meal break, as provided in clause 24- Breaks, for 
more than an accumulated total of 50% of the normal 
afternoon work time; 

30 


is not affected by inclement weather. Where an employee is required to transfer from one site to another the employee will be reimbursed the cost of transport, except where the employer provides transport. 36.7 Employees required to work in inclement weather: (i) Employees required to work in inclement weather will only be obliged to perform such work as is essential to overcome the emergency and to restore an acceptable service and/or to secure or make the site safe as circumstances require. Employees engaged on such work must be paid at the rate of double time. (ii) Where the Employer requires an Employee to work in inclement weather, the Employee will be reimbursed in full the cost of appropriate protective clothing, except where the Employer provides such protective clothing. (iii) If the Employee's clothing becomes wet as a result of working in wet weather and the employee does not have a change of dry work clothes, the Employee will be entitled, at the completion of the work, to cease work for the day without loss of pay. 36.8 At the time Employees cease work due to inclement weather the Employer or their representative on site and the Employees' representative will agree and note the time of cessation of work. After the period of inclement weather has clearly ended the employees will resume work and the time will be similarly agreed and noted. 36.9 Where an employee is prevented from working at their particular function as a result of unsafe conditions caused by inclement weather, the Employee may be transferred to other work in their trade on site, until the unsafe conditions are rectified. Where such alternative work is not available, and until the unsafe conditions are rectified, the Employee will remain on site. The Employee must be paid for such time without reduction of their inclement weather entitlement. 36.10 Additional wet weather procedure (i) Remaining on site Where, because of wet weather, the Employees are prevented from working: for more than an accumulated total of four hours of ordinary time in any one day; after the meal break, as provided in clause 24 - Breaks, for more than an accumulated total of 50% of the normal afternoon work time; 30 ........ w A




 



• during the final two hours of the normal work day for more 
than an accumulated total of one hour; 

the Employer will not be entitled to require the Employees to remain on site 
beyond the expiration of any of the above. Where, by agreement between 
the Employer and/or their representative and the Employees and/or their 
representative, the Employees remain on site beyond the periods specified, 
any such additional wet time must be paid for but will not be debited against 
the employees' hours. Wet time occurring during overtime will not be taken 
into account for the purposes of this sub-clause. 

(ii) Rain at starting time 

Where the Employees are in the sheds, because they have been 
rained off, or at starting time, morning tea, or lunch time, and it is 
raining, they may be required to go to work in a dry area or to be 
transferred to another site where: 

• the rain stops; 

• a covered walk-way has been provided; 

• the sheds are under cover and the Employees can get to the 
dry area without going through the rain; or 

• adequate protection is provided. Protection will, where 
necessary, be provided for the Employee's tools. 

31 


. during the final two hours of the normal work day for more than an accumulated total of one hour; the Employer will not be entitled to require the Employees to remain on site beyond the expiration of any of the above. Where, by agreement between the Employer and/or their representative and the Employees and/or their representative, the Employees remain on site beyond the periods specified, any such additional wet time must be paid for but will not be debited against the employees' hours. Wet time occurring during overtime will not be taken into account for the purposes of this sub-clause. (ii) Rain at starting time Where the Employees are in the sheds, because they have been rained off, or at starting time, morning tea, or lunch time, and it is raining, they may be required to go to work in a dry area or to be transferred to another site where: the rain stops; a covered walk-way has been provided; . the sheds are under cover and the Employees can get to the dry area without going through the rain; or adequate protection is provided. Protection will, where necessary, be provided for the Employee's tools. 31 e A




 



Part 9 Work health and safety 

37 General duties 

37.1 The Employer recognises its duties under the Work Health and Safety Act 
2011 (ACT) and the Work Health and Safety Regulation 2011 (ACT) to ensure, 
so far as is reasonably practicable, the health and safety of Employees. 

37.2 Employees must take reasonable care for their own health and safety and take 
reasonable care that their acts or omissions do not risk the health and safety 
of other persons. 

37.3 Employees must notify their immediate supervisor when they have been 
requested to perform tasks that they feel they lack the knowledge, experience, 
or ability to perform such a task in a safe manner. 

37.4 Employees must comply with the work health and safety policies, procedures 
and practices of the Employer and any reasonable instruction of the Employer 
in relation to work health and safety. A failure to comply with work health and 
safety obligations or follow reasonable instructions in relation to work health 
and safety may result in disciplinary action, including summary dismissal. 

38 Fitness for work 

38.1 Given the inherently dangerous nature of construction work, Employees must 
be fit for work, so that they are not at risk to either themselves or others. 

38.2 An Employee may be unfit for work due to a range of reasons, including but 
not limited to, fatigue, use of prescription drugs, illicit drugs and I or alcohol. If 
an Employee considers that they or any other Employee(s) are unfit for work, 
they must immediately notify their supervisor. 

38.3 The Employer has a zero-tolerance policy in relation to sale, supply or 
consumption of illicit drugs and I or alcohol during work (including breaks). 
Consumption of alcohol for company events must occur off-site. Sale, supply 
or consumption of illicit drugs and I or alcohol during work (including breaks) 
will result in summary dismissal without notice. 

38.4 The Employer may introduce mandatory drug and I or alcohol testing, following 
consultation with Employees. 

38.5 Employees must comply with a direction from the Employer to undertake a 
medical assessment by a medical practitioner nominated by the Employer 
where the Employee is unfit for work, or incapable of safely performing their 
duties, due to illness or injury. The Employer will pay for the medical 
assessment. 

32 


Part 9 Work health and safety 37 General duties 37.1 The Employer recognises its duties under the Work Health and Safety Act 2011 (ACT) and the Work Health and Safety Regulation 2011 (ACT) to ensure, so far as is reasonably practicable, the health and safety of Employees. 37.2 Employees must take reasonable care for their own health and safety and take reasonable care that their acts or omissions do not risk the health and safety of other persons. 37.3 Employees must notify their immediate supervisor when they have been requested to perform tasks that they feel they lack the knowledge, experience, or ability to perform such a task in a safe manner. 37.4 Employees must comply with the work health and safety policies, procedures and practices of the Employer and any reasonable instruction of the Employer in relation to work health and safety. A failure to comply with work health and safety obligations or follow reasonable instructions in relation to work health and safety may result in disciplinary action, including summary dismissal. 38 Fitness for work 38.1 Given the inherently dangerous nature of construction work, Employees must be fit for work, so that they are not at risk to either themselves or others. 38.2 An Employee may be unfit for work due to a range of reasons, including but not limited to, fatigue, use of prescription drugs, illicit drugs and / or alcohol. If an Employee considers that they or any other Employee(s) are unfit for work, they must immediately notify their supervisor. 38.3 The Employer has a zero-tolerance policy in relation to sale, supply or consumption of illicit drugs and / or alcohol during work (including breaks). Consumption of alcohol for company events must occur off-site. Sale, supply or consumption of illicit drugs and / or alcohol during work (including breaks) will result in summary dismissal without notice. 38.4 The Employer may introduce mandatory drug and / or alcohol testing, following consultation with Employees. 38.5 Employees must comply with a direction from the Employer to undertake a medical assessment by a medical practitioner nominated by the Employer where the Employee is unfit for work, or incapable of safely performing their duties, due to illness or injury. The Employer will pay for the medical assessment. 32 2 -




 



38.6 If the Employer reasonably believes that an Employee is unfit for work due to 
the reasons outlined in clause 38.2 above, to the extent that the Employee 
presents as a work health and safety risk to themselves or others, the 
Employer may direct the Employee to stand down from work until the 
Employee is fit to safely perform their duties. The Employee may access 
accrued annual leave or personal leave for the period of stand down. If the 
Employee has no leave accrued or is a Casual Employee, then leave without 
pay will be approved by the Employer. 

39 Personal protective equipment 

39.1 Within 152 hours worked, all new employees will receive the following 
Protective Clothing: 

• Two (2) long sleeve shirts; 

• Two (2) pairs of trousers or shorts; 

• One (1) pair of boots; and 

• One (1) jacket (In cooler months) 

39.2 The Employer will replace PPE on a fair wear basis, but Employees must take 
care of their PPE. 

39.3 While at work, the Employee must have their PPE with them at all times, to be 
used as necessary. Where an Employee fails to bring PPE with them to work 
they may be stood-down without pay until they return to work with their PPE. 

33 


38.6 If the Employer reasonably believes that an Employee is unfit for work due to the reasons outlined in clause 38.2 above, to the extent that the Employee presents as a work health and safety risk to themselves or others, the Employer may direct the Employee to stand down from work until the Employee is fit to safely perform their duties. The Employee may access accrued annual leave or personal leave for the period of stand down. If the Employee has no leave accrued or is a Casual Employee, then leave without pay will be approved by the Employer. 39 Personal protective equipment 39.1 Within 152 hours worked, all new employees will receive the following Protective Clothing: · Two (2) long sleeve shirts; · Two (2) pairs of trousers or shorts; · One (1) pair of boots; and · One (1) jacket (In cooler months) 39.2 The Employer will replace PPE on a fair wear basis, but Employees must take care of their PPE. 39.3 While at work, the Employee must have their PPE with them at all times, to be used as necessary. Where an Employee fails to bring PPE with them to work they may be stood-down without pay until they return to work with their PPE. 33




 



Part 10 Training 

40 Training 

40.1 The Employer encourages Employees to undertake vocational education and 
to seek formal recognition of their skills, including by way of recognising prior 
learning. 

40.2 Where a written application is made by an Employee to undertake vocational 
education relevant to their role, subject to the approval of the Employer, 
Employees will be provided with paid leave to attend training. 

40.3 For approved training, Employees must be paid for time spent training (up to 
8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their 
applicable Base Hourly Rate of Pay. 

34 


.... ............ . Part 10 Training 40 Training 40.1 The Employer encourages Employees to undertake vocational education and to seek formal recognition of their skills, including by way of recognising prior learning. 40.2 Where a written application is made by an Employee to undertake vocational education relevant to their role, subject to the approval of the Employer, Employees will be provided with paid leave to attend training. 40.3 For approved training, Employees must be paid for time spent training (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Hourly Rate of Pay. 34 w A




 



Part 11 Termination of employment 

41 Notice of termination 

41.1 Notice of termination is provided under the NES. The notice provisions of the 
NES do not apply to a daily hire employee. 

41.2 The notice of termination required to be given by an Employee is the same as 
that required of an Employer. 

41.3 One day's notice of termination will be given by either party or one day's pay 
must be paid or forfeited. 

41.4 Notice given at or before the usual starting time of any ordinary working day 
will expire at the completion of that day's work. 

41.5 Nothing in this clause will affect the right of an Employer to dismiss an 
Employee without notice for misconduct or refusing duty. 

41.6 For the purposes of this Agreement all Employees covered under this 
Agreement are classified as "daily hire" Employees, except Casual 
Employees. 

Employee termination 

41.7 Where an Employee terminates their employment, they must provide the 
required notice. Where the Employee fails to provide the required period of 
notice, the Employer may withhold from any monies due to the Employee an 
amount up to that which would have been payable to the Employee for the 
period of notice which the Employee failed to provide, had they worked 
Ordinary Hours during that period. 

Actions on termination 

41.8 Upon termination, Employees must return all company property, including but 
not limited to, vehicles, mobile phones and PPE. 

42 Redundancy pay 

Industry Specific Redundancy Scheme 

42.1 The employer will participate in the ACIRT Redundancy Scheme or other 
equivalent Redundancy Scheme/Fund as agreed between the employer and 
employees and make contributions to the scheme in accordance with this 
clause for each employee. 

35 


Part 11 Termination of employment 41 Notice of termination 41.1 Notice of termination is provided under the NES. The notice provisions of the NES do not apply to a daily hire employee. 41.2 The notice of termination required to be given by an Employee is the same as that required of an Employer. 41.3 One day's notice of termination will be given by either party or one day's pay must be paid or forfeited. 41.4 Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work. 41.5 Nothing in this clause will affect the right of an Employer to dismiss an Employee without notice for misconduct or refusing duty. 41.6 For the purposes of this Agreement all Employees covered under this Agreement are classified as "daily hire" Employees, except Casual Employees. Employee termination 41.7 Where an Employee terminates their employment, they must provide the required notice. Where the Employee fails to provide the required period of notice, the Employer may withhold from any monies due to the Employee an amount up to that which would have been payable to the Employee for the period of notice which the Employee failed to provide, had they worked Ordinary Hours during that period. Actions on termination 41.8 Upon termination, Employees must return all company property, including but not limited to, vehicles, mobile phones and PPE. 42 Redundancy pay Industry Specific Redundancy Scheme 42.1 The employer will participate in the ACIRT Redundancy Scheme or other equivalent Redundancy Scheme/Fund as agreed between the employer and employees and make contributions to the scheme in accordance with this clause for each employee. 35 3




 



42.2 For the purpose of this clause, redundancy means a situation where an 
employee ceases to be employed by an employer other than for reasons of 
misconduct or refusal of duty. 

Amount of redundancy pay 

42.3 A redundant employee will receive redundancy/severance payments in 
respect of all continuous service with the employer, calculated as follows: 

Period of continuous service with an Redundancy/Severance Pay 
employer 

1 year or more but less than 2 years 2.4 weeks' pay plus, for all service in excess of 1 
year. 1. 75 hours pay per completed week of 
service up to a maximum of 4.8 weeks 

2 years or more but less than 3 years 4.8 weeks' pay plus, for all service in excess of 2 
years, 1.6 hours per completed pay week of 
service up to a maximum of 7 weeks' pay 

3 years or more but less than 4 Years 7 weeks' pay plus, for all service in excess of 3 
years, 0. 73 hours pay per completed week of 
service up to a maximum of 8 weeks' pay 

4 years or more 8 weeks' pay 

42.4 Casual Employees are not entitled to redundancy pay. 

42.5 For the avoidance of doubt, this Agreement does not remove any rights that 
the Employer has under the FW Act to make an application to the FWC to 
vary the amount of redundancy pay (which may be nil) on the basis of 
incapacity to pay. 

42.6 Contributions paid by the employer under this clause will be paid in 
accordance with the requirements of the Scheme's Trust Deed. 

42.7 Upon termination the employee will, depending on the schemes trust deed, 
be paid directly by the scheme. 

42.8 Where an employee is entitled to a payment by the scheme under clause 
42.1 and an entitlement under the provisions of this clause would be greater 
than the employee will receive the difference between the amount due under 
this clause but not both. 

36 


42.2 For the purpose of this clause, redundancy means a situation where an employee ceases to be employed by an employer other than for reasons of misconduct or refusal of duty. Amount of redundancy pay 42.3 A redundant employee will receive redundancy/severance payments in respect of all continuous service with the employer, calculated as follows: Period of continuous service with an Redundancy/Severance Pay employer 1 year or more but less than 2 years 2.4 weeks' pay plus, for all service in excess of 1 year. 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks 2 years or more but less than 3 years 4.8 weeks' pay plus, for all service in excess of 2 years, 1.6 hours per completed pay week of service up to a maximum of 7 weeks' pay 3 years or more but less than 4 Years 7 weeks' pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks' pay 4 years or more 8 weeks' pay 42.4 Casual Employees are not entitled to redundancy pay. 42.5 For the avoidance of doubt, this Agreement does not remove any rights that the Employer has under the FW Act to make an application to the FWC to vary the amount of redundancy pay (which may be nil) on the basis of incapacity to pay. 42.6 Contributions paid by the employer under this clause will be paid in accordance with the requirements of the Scheme's Trust Deed. 42.7 Upon termination the employee will, depending on the schemes trust deed, be paid directly by the scheme 42.8 Where an employee is entitled to a payment by the scheme under clause 42.1 and an entitlement under the provisions of this clause would be greater than the employee will receive the difference between the amount due under this clause but not both. 36 W A




 



Part 12 Signatories to Agreement 

The persons below sign this Agreement in accordance with section 185(5) of the FW Act 
and regulation 2.06A of the Fair Work Regulations 2009 (Cth). 

On behalf of the Employer 

[insert name] /4,./ Cojo/V\/o:J-1 t.r. 
Capacity to sign: l}ll')..f!:'c-rc.Jz- }.. C 't 
Address: ) /11 ... :0 4-IW::..S 5•, J,uk.-5~ /Jc:r- 0 

Date: L...S"·I , /( 

On behalf of the Employees 

37 


Part 12 Signatories to Agreement The persons below sign this Agreement in accordance with section 185(5) of the FW Act and regulation 2.06A of the Fair Work Regulations 2009 (Cth). On behalf of the Employer [insert name] |AN CONNOCHLE. Capacity to sign: DIRECTOR Address: 5/120 GILES ST, KINGSTON ACT 2604 Date: 25-7-16 On behalf of the Employees [insert name] Aberisones Capacity to sign: employee RepresanTive Address: 24macrobertson ST mawson A.C.T 2609 Date: 25/7/16 37 e A




 



Appendix A 

1 Classification of Employees 

Employees will be classified by the Employer according to their skills, experience 
and qualifications, against the criteria indicated in the occupations descriptions in 
the table below, in conjunction with the Award. 

2 Rates of pay 

2.1 For hours worked, the Base Hourly Rates of Pay for Employees, Productivity 
Allowance and Travel Allowance are as indicated in the table below: 

Classification 
criteria 

Sanitary Plumber I 
Advanced 
Sanitary Drainer, 
Gasfitter on 
Construction* 

Cl23 

Journeyperson 
Plumber I 
Journeyperson 
Drainer* 

Cl23 

Operative Drainer* 

Cl23 

$ 33.18 

$26.54 

$24.00 

,-·- '• . 

Basel-lpurly Base Hpurly ·.· F'toductiyity 
· Rate Rate ·.· ·· :A.Iiowance 

1July2018 1}uly 2Q19 · fertlour 

··Ciatise;!6 

$33.68 $34.19 $5.17 

$26.94 $27.35 $3.60 

$24.36 $24.73 $3.60 

38 


.. Appendix A 1 Classification of Employees Employees will be classified by the Employer according to their skills, experience and qualifications, against the criteria indicated in the occupations descriptions in the table below, in conjunction with the Award. ...... 2 Rates of pay 2.1 For hours worked, the Base Hourly Rates of Pay for Employees, Productivity Allowance and Travel Allowance are as indicated in the table below: Base Hourly Base Hourly |Base Hourly Productivity Classification Rate of Pay Rate Rate Allowance criteria Commencem 1 July 2018 |1 July 2019 Per Hour ent of Agreement Clause 26 Sanitary Plumber / Advanced Sanitary Drainer, Gasfitter on $ 33.18 $33.68 $34.19 $ 5.17 Construction* CI 23 Journeyperson Plumber / Journeyperson $ 26.54 $26.94 $27.35 $ 3.60 Drainer* CI 23 Operative Drainer* CI 23 $ 24.00 $24.36 $24.73 $ 3.60 38




 



Plant Operator I 
Trades Assistant $ 27.50 $27.91 $28.61 $3.60 

Cl23 

Trades Assistant 
$22.44 $22.89 Nil $22.00 

Cl23 

Travel Allowance 

Daily $23.69 $23.69 $23.69 

Cl25 

Superannuation 
9.5% SGL SGL SGL 

Cl24 

Redundancy 

Weekly $107.69 $107.69 $107.69 

Cl42 

*Note: an Employee cannot be classified as an Operative Drainer, Journeyperson Drainer, 
Advanced Drainer, Journeyperson Plumber or Advanced Plumber unless they are able 
to undertake such work in accordance with the Construction Occupations (Licensing) 
Act 2004 (ACT) and Construction Occupations (Licensing) Regulation 2004 (ACT) (as 
amended from time-to-time) and any succeeding legislation. 

2.2 Nothing in this Agreement prevents the making of a common law contract of 
employment providing for rates which are superior to those indicated in the table 
above. 

39 


Plant Operator / Trades Assistant $ 27.50 $27.91 $28.61 $ 3.60 CI 23 Trades Assistant $ 22.00 $22.44 $22.89 Nil CI 23 Travel Allowance Daily $23.69 $23.69 $23.69 CI 25 Superannuation 9.5% SGL SGL SGL CI24 Redundancy Weekly $107.69 $107.69 $107.69 CI 42 * Note: an Employee cannot be classified as an Operative Drainer, Journeyperson Drainer, Advanced Drainer, Journeyperson Plumber or Advanced Plumber unless they are able to undertake such work in accordance with the Construction Occupations (Licensing) Act 2004 (ACT) and Construction Occupations (Licensing) Regulation 2004 (ACT) (as amended from time-to-time) and any succeeding legislation. 2.2 Nothing in this Agreement prevents the making of a common law contract of employment providing for rates which are superior to those indicated in the table above. 39 7 V .




 



2.3 For the avoidance of doubt, this Agreement would still apply where a common 
law contract of employment is made. 

40 

J 


..... 2.3 For the avoidance of doubt, this Agreement would still apply where a common law contract of employment is made. 40 A




 



3 Loadings summary 

The Base Hourly Rates of Pay indicated in item 2 of Appendix A above may also be 
subject to the following loadings: 

· ·.·•· · ··• .··: Overtime loadings 
... . . · .. · · .. · . . 

Loading 
·.·. 

Clause . .. 

Monday to Friday: first 2 hours 50% 20.6 

Monday to Friday: more than 2 hours 100% 20.6 
.· ... · . . ·... ... . . .. . . · .. · 

. •.. .. Weekend loadings . . .. . Loading I 
.. Cla.use 

Saturday: first 2 hours 50% 20.6 

Saturday: more than 2 hours 100% 20.6 

Saturday: after midday 100% 20.6 

Sunday: all hours 100% 20.6 

· · Public holidayloadings ··. · ·•·· · Loading 
.·. . ··. 

.... ·· .... 
Clause 

Public holiday 150% 33.6 

41 

J fh 


..... 3 Loadings summary The Base Hourly Rates of Pay indicated in item 2 of Appendix A above may also be subject to the following loadings: .... ... ............... Overtime loadings Loading Clause Monday to Friday: first 2 hours 50% 20.6 Monday to Friday: more than 2 hours 100% 20.6 .-... Weekend loadings Loading Clause Saturday: first 2 hours 50% 20.6 Saturday: more than 2 hours 100% 20.6 Saturday: after midday 100% 20.6 Sunday: all hours 100% 20.6 Public holiday loadings Loading Clause Public holiday 150% 33.6 41 3 A




 



4 Tool Summary 

The Employer requires that Employees provide the following tools when they 
commence employment. 

1 x pair 225mm Footprints 1 x 150mm Crescent shifting spanner 

1 x pair 250mm Stillsons 1 X 300mm crescent shifting scanner 

1 x oair 450mm Stillsons 1 x 250mm raso & handle 

1 x pair 250mm Vice Grips 1 x 250mm half round file & handle 

1 xpair200mm Combination Pliers 1 x hacksaw Sandvik 225 

1 x pair 225mm Multi Grips 1 x junior hacksaw 

1 x pair 200mm Pincers 1 x tube cutter 3mm~32mm 

1 x oair 300mm straioht snios 1 x taoered bent oin 

1 x j:lair175mm curved snips 1 x pointing towel 

1 x pair left hand wiss snios 1 x basin spanner 

1 x oair rioht hand wiss snios 1 x strap wrench 

1 xpairpcprivet~ 1 x center;xmch 

1 x pair 20Dmm dividers 1 x orick ounch 

1 x pair 15mm copper tube benders 1 x nail bag 

1 xsetAI!en keys 1mm-10mm (metric& imperial) 1 x tool box or carrv all or equivalent 

1 x set ratchet socket wrench 6v25mm or 1 x Plugging chisel 

1 x set open end/rina scanners 6-25mm 1x 13mmcoldchisel 

1 x screw driver 200mm Phillips 1 x 25mm cold chisel 

2 x screw dfiVer 150mm Philips 1 x Stanley knife 

1 x screw driver 300mm slotted 1 x flint qun 

1 x screw driver 200mm slotted 1 x oxvaen kev 

1 x socket set up to 25mm in size 1 x 8 meter measuring tape 
1 x hand wood saw 660mm per year- replaced by 

1 x Y2 benders employer on a fair wear and tear basis 

1 x claw hammer 20 oz 1 x PVC conduit cutters 

1 x trap wrench 1 xwire brush 

1 x lump hammer4LB 1 x Trade quality battery drill with battery and charger 
(min 14.4V) 

1 x bevel square 250mm 1 X 4 Way Laser 

1 x set square 300mm 

1 x 1200 level 

1 x spirit level 600mm 

1 X bricklayers string line 

1 xChalk Line 

1 x olumbob450ar 

1 x 25mm wood chisel 

42 

J 


... 4 Tool Summary The Employer requires that Employees provide the following tools when they commence employment. 1 x pair 225mm Footprints 1 x 150mm Crescent shifting spanner 1 x pair 250mm Stillsons 1 x 300mm crescent shifting scanner 1 x pair 450mm Stillsons 1x 250mm rasp & handle 1 x pair 250mm Vice Grips 1 x 250mm half round file & handle 1 xpair 200mm Combination Pliers 1 x hacksaw Sandvik 225 1 x pair 225mm Multi Grips 1 x junior hacksaw 1 x pair 200mm Pincers 1 x tube cutter 3mm-32mm 1 x pair 300mm straight snips 1 x tapered bent pin 1 x pair 175mm curved snips 1 x pointing towel 1 x pair left hand wiss snips 1 x basinspanner 1 x pair right hand wiss snips 1 x strap wrench 1 x pair pop rivet gun 1 x centerpunch 1 x pair 200mm_dividers 1 x prick punch 1 x pair 15mm copper tube benders 1 x nail bag 1 x set Allen keys 1mm-10mm (metric & imperial) 1 x tool box or carry all or equivalent 1 x set ratchet socket wrench 6-25mm or 1 x plugging chisel 1 x set open end/ring scanners 6-25mm 1 x 13mm cold chisel 1 x screw driver 200mm Phillips 1 x 25mm cold chisel 2 x screw driver 150mm Philips 1 x Stanley knife 1 x screw driver 300mm slotted 1 x flint gun 1 x screw driver 200mm slotted 1 x oxygen key 1 x socket set up to 25mm in size 1 x 8 meter measuring tape 1 x hand wood saw 660mm per year- replaced by 1 x 1/2 benders employer on a fair wear and tear basis 1 X claw hammer 20 oz 1x PVC conduit cutters 1 x trap wrench 1 xwire brush 1 x lump hammer4LB 1 x Trade quality battery drill with battery and charger (min 14.4V) 1 x bevel square 250mm 1 X 4 Way Laser 1 x set square 300mm 1 x 1200 level 1 x spirit level 600mm 1 X bricklayers string line 1 xChalk Line 1 x plumbob 450ar 1 x 25mm wood chisel 42 NA




 



1 x silicon gun 

43 


... ...... 1 x silicon gun 43 Al




 

Cases cited by this decision: