1
Fair Work Act 2009
s.185—Enterprise agreement
Custom Plumbing Services Pty Ltd
(AG2016/4556)
CUSTOM PLUMBING SERVICES PTY LTD AND EMPLOYEES
ENTERPRISE AGREEMENT 2016-2020
Plumbing industry
COMMISSIONER GREGORY MELBOURNE, 12 SEPTEMBER 2016
Application for approval of the Custom Plumbing Services Pty Ltd and Employees Enterprise
Agreement 2016-2020.
[1] An application has been made for approval of an enterprise agreement known as the
Custom Plumbing Services Pty Ltd and Employees Enterprise Agreement 2016-2020 (the
Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
It has been made by Custom Plumbing Services Pty Ltd. The Agreement is a single enterprise
agreement.
[2] The Applicant has provided written undertakings. A copy of the undertakings is
attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment
to any employee covered by the Agreement and that the undertakings will not result in
substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
[2016] FWCA 6498
DECISION
AUSTRALIA FairWork Commission
[2016] FWCA 6498
2
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
19 September 2016. The nominal expiry date of the Agreement is 11 September 2020.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
Price code G, AE421049 PR585262
THE FAIR WORK COMMISSION THE SEAL
[2016] FWCA 6498
3
Annexure A
To Fair Work Commission.
Re: Expire date of agreement
& Notice given fo:r Shift Work
CUSTOM PLUMBING SERVICES PTY LTD
A8N ?.8 008 548 258 ACN 008 548 258
Untt 2. 112 G ladstone Street, Fyshwlck ACT 2609
PO Box 355, Fyshwick ACI 26()9
lolophono: 02 6280 6560 Facsimile: 02 6239 1931
Email: admln@customplumblng.com.o u
Web: www.customplumblng.com.ou
I Oth September 2016
I . Custom Plumbing Services Pty Ltd undertakes 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. Custom Plumbing Services Pty Ltd undertakes that
notwithstanding clause 22.2 of the agreement, if 48hrs notice is not
given to any employee whom is required to perform shift work,
overtime rates will apply as per clause 2l
Yours faithfully,
Wayne Philp
Capacity: Project Director
Address: 2/112 Gladstone St, fyshwick, ACT 2609
Custom CUSTOM PLUMBING SERVICES PTY LTD ABN 28 008 548 258 ACN 008 548 258 Plumbing Unif 2, 112 Gladstone Street, Fyshwick ACT 2609 PO Box 355. Fyshwick ACT 2609 Serving the Nation's Capital For over 30 years Telephone: 02 6280 6560 Facsimile: 02 6239 1931 Email: admin@customplumbing.com.au Web: www.customplumbing.com.au 10th September 2016 To Fair Work Commission. Re: Expire date of agreement & Notice given for Shift Work 1. Custom Plumbing Services Pty Ltd undertakes 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. Custom Plumbing Services Pty Ltd undertakes that notwithstanding clause 22.2 of the agreement, if 48hrs notice is not given to any employee whom is required to perform shift work, overtime rates will apply as per clause 21. Yours faithfully, Wayne Philp Capacity: Project Director Address: 2/112 Gladstone St, Fyshwick, ACT 2609
CUSTOM PLUMBING SERVICES PTY
LTD
AND
EMPLOYEES
ENTERPRISE AGREEMENT
2016-2020
CPS Workplace Agreement 2016- 2020 Final.docx 8/07/16
CUSTOM PLUMBING SERVICES PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2016-2020 Custom Plumbing Serving the Nation's Capital for over 30 years CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 1
plummer
Undertaking
Contents
Part l 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 ........... .. ... ..... ........................... .. ...... ...... ............................... ......... .. 6
7 Annual Wage Increases .. ..... ....... ...... .. ........ .... .... .. ... ..... ... .. ... .... ..... ..... ......... .. ..... ... .... ... ..... .. .. .... 6
8 Relationship to Other Workplace Laws .............................. .... ...... ..................... .......................... 7
Pa rt 2 Consultation and Dispute Resolution ..... .. ... ................ ..................................... 7
9 Consul tation ................................. .......... .................................. ...... ......................................... 7
10 Dispute Resolution ..... ... ........... .. ...... .. .. ......... ... ...... ... .. .... ......... .. .......... ............ .. .... ...... .. ... ..... .. 9
Pa r t 3 Flexibility ..... ...... ............... .... ....... .. ...... .. ....... ..... .. .... ...... ............. ................. 10
11 Individual fl exibility arrangements .... ... ....... ......... ............. ... .... ...... ......... ............ .... .... .. ......... .. 10
Pa r t 4 General Conditions of Employment ...... .......... ... ...... .. ..... ................... .. .. ........ 11
12 General Duties ... ... ...... ....... ... .... .. ...... ... ... ... ........ .. .. .. ......... ... ... ... .. .. ..... ...... ...... .... ..... ....... ... .... 11
13 Probationary Period ....... .. ................................................ .......... .................... .... ..................... 11
14 Types of Etnployment .. ........ .... .... ...... ........ ......... ..... ... ...... ..... ....... ....... ..... .. .. ... ........ ... ...... ...... 11
15 Full-Time Employees (Daily Hire) .................. ....................... .............. ................. ............. ...... 11
16 Part-Time Employees .. .... ... ...... ...... ......... .... ... .... ...... . .. ..... .... ... ... .. ... ... .. ......... .... ... ... ... ...... ...... 12
17 Casual Employees ... ... ... .. .... .... .. ............. .............. ..... ...................... ..... .... ... .. ............... .......... 12
18 Apprentices .... .. ..... .. ........ ..... .. .... ........... .. .......... .. ..... ....... ...... ........... ... ....... ...... ................ .... . 12
Part 5 Hours of Work, Overtime and Weekend Work ....... .... ........... .... .. .... .... .......... 13
19 Ordinary Hours .... ....... ... .... ... ..... ... .............. .. ..... ..... .... ..... ...... ....... .. .. ... .. ... .... ..... ... ... ... ........... 13
20 Paid Rostered Days Off ..... ............................. .................. ......................... .. ... .. ... ..... ............... 13
21 Overti me ..... ...... ........... .. .. .. .... .... ..... .... ..... ... ..... ... ......... ... .. .. ... .. .. ........ ... ... .... ..... .... .. ........ ...... 14
22 Shift Work ............................................... ..................... ..... .................................... ....... ........ 15
23 Breaks .... .......... .... ......... ......... ....... ..... .. .... ..... ............ ......... ... .. ... .. .... .. .... ....... ... .... ..... .... ...... . 15
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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 6 7 Annual Wage Increases. 6 8 Relationship to Other Workplace Laws 7 Part 2 Consultation and Dispute Resolution .. 7 9 Consultation 7 10 Dispute Resolution 9 Part 3 Flexibility 10 11 Individual flexibility arrangements 10 Part 4 General Conditions of Employment ... 11 12 General Duties 11 13 Probationary Period 11 14 Types of Employment . 11 15 Full-Time Employees (Daily Hire) 11 16 Part-Time Employees 12 17 Casual Employees 12 18 Apprentices .... 12 Part 5 Hours of Work, Overtime and Weekend Work ... 13 19 Ordinary Hours 13 20 Paid Rostered Days Off. ... 13 21 Overtime 14 22 Shift Work 15 23 Breaks . 15 CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 2
Pat·t6 RatesofPay ......... .. ...... ........ ......................................................................... 15
24 Base Hourly Rates of Pay ..... .... ..... .......................................... .... .. .. ..................... ......... .. ........ 15
25 Superannuation .. ........ ... .. ... .............. .. .... ....... . ............. .... ...... ................. .. .............................. 16
26 Travel Allowance ..... .. .... . ... .. .. ............................................... ... ..... ......... .. .......................... .... 16
27 Productivity Allowance ..... ................................................. .......... .... .......... .. ... ....................... . 16
28 Living Away From Home Allowance .... ........................................................... ........ .. .............. 16
29 Supervisor Allowance ....... .. ......... .. ....... ........ ... .......... .... . ..... . ........................ ....... .. .... ............. 17
30 Payment of wages ..... ... ... ... ... ... ...... ............. ..... .... ........... . ...................................... ...... .... ... ... 17
Part 7 Leave ...... .................... ... ........ .. ............................................... ...................... 17
31 Definitions ...... .......... ... ...... .......... .......................... .......... .. ... .... ............ ................. ............... 17
32 Annual Leave ............. .... .... ............ .................... ............... .. ... ................ .. ............................. 17
33 Personal I Carer's Leave and Compassionate Leave .................. .. ...................... ........ .. .............. . 18
34 Community Service Leave ...... ...... ......................................... .. .... ................... ........................ 20
35 Public Holidays .............. ... ...... ................ .. ...... .............. ........ .. .... ....... ..... ............................... 20
36 Long Service Leave ..... .... ..... .... ... .. ............. ............................ .... ........................ ... . ................ 21
37 Parental Leave ............... ........... .......... ...... ................ .... .. ....... .. ............ .. ..... ................... ........ 21
Pat"t 8 Stand down ............ .. ..................................................................................... 22
38 Inclement Weather ......... .. .... .. .. .. ...... .. ......... .................... . .. ... .... ..... .......................... .. ....... .. .. . 22
Pat"t 9 Work Health and Safety ................................................................................ 24
39 General Duties .... .... ................................................ ........ .... ....................... .. . ........ ... .............. 24
40 Fitness for Work .................. ........ ........................................................ ...... .. .... .. .. ......... .. ...... . 24
41 Personal Protective Equipment ................... ................ .. ................ .. ............. .. ........ ... ...... .... .. ... 25
Part 10 Training ... ... ....................................................... ... ...................... ................. 25
42 Training ..... .. .. .. ........... .......... ........... .. .................. .. ... .... .. .... ... .............. ..... .................. .. ... .. ... 25
Pat·t I I Termin ation of Entployment ............... ........................... ............................... 25
43 Notice ofTermination ........................................... .. ...... ......... .. ... ..... ... .. .. ............ ... ........... .. .. . . 25
44 Redundancy Pay ................. .. .. .. ......... ............ ...... .. ... .... .. ...... .... .. .. ... .. .... ...... ...... ............... ... .. 26
IND USTRY SPECIFIC REDUNDANCY SCHEME .. ...... .. ..... .... .................................. 26
Part 12 Signatories to Agreentent .... ... .... .. .. ............................................................... 28
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Part 6 Rates of Pay ... 15 24 Base Hourly Rates of Pay 15 25 Superannuation . 16 26 Travel Allowance 16 27 Productivity Allowance. 16 28 Living Away From Home Allowance 16 29 Supervisor Allowance 17 30 Payment of wages 17 Part 7 Leave 17 31 Definitions 17 32 Annual Leave 17 33 Personal / Carer's Leave and Compassionate Leave 18 34 Community Service Leave 20 35 Public Holidays 20 36 Long Service Leave 21 37 Parental Leave 21 Part 8 Stand down ... 22 38 Inclement Weather 22 Part 9 Work Health and Safety .24 39 General Duties 24 40 Fitness for Work 24 41 Personal Protective Equipment 25 Part 10 Training 25 42 Training 25 Part 11 Termination of Employment .25 43 Notice of Termination. 25 44 Redundancy Pay 26 INDUSTRY SPECIFIC REDUNDANCY SCHEME 26 Part 12 Signatories to Agreement 28 CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 3
Part 13 Appendix I .... ........ .... .. .......................................................... .............. ... ... ... 29
45 Classification of Employees ... .... ......... .... ..... .......... .................... .... .. ...... ..... ..... ... ..... ............... 29
46 Rates ofpay .. ... ............................................................ ... ....... ............................... ................. 29
Part 14 Appendix 2 ... ......... .... ....... ................... .................................................. ...... . 32
47 List of tools ... . .......... .. ..... .... .......... . ........... .................. . ............. ...................... ..... 32
CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 4
Part 13 Appendix 1 29 45 Classification of Employees 29 46 Rates of pay. 29 Part 14 Appendix 2 ... 32 47 List of tools 32 CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 4
Part 1 Introduction
1 Title
This Agreement shall be known as the Custom Plumbing Services Pty Ltd and Employees
Enterprise Agreement 2016-2020.
2 Interpretation
2.1 In this Agreement:
Agreement means the Custom Plumbing Services Pty Ltd and Employees Enterprise
Agreement 2016 - 2020.
Apprentice means an Employee who is party to a contract of train ing with the Employer
that is registered with the relevant government training authority.
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 Custom Plumbing Services Pty Ltd ABN 28 008 548 258.
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.
Journeyman Plumber I Drainer (registered) means an Employee who has completed
their plumbing apprenticeship (cert Ill) who holds the appropriate licensel s and is primarily
engaged to carry out plumbing work and drainage work under the supervision of a
Licensed Plumber I Drainer.
Leading Hand means an Employee who is given by the Employer, the responsibility of
directing and I or supervising the work of other employees, or in the case of only one
Employee, the specific responsibility of directing and I or supervising the work of that
Employee.
Licensed Advanced Plumber I Drainer means an Employee who has completed their
post trade (cert IV) and holds the appropriate licensel s and is primarily engaged to carry
out plumbing and drainage work .
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.
Ordinary Hours means the hours specified in clause 19.
Operative Drainer means an employee who holds the appropriate license/s and is
primarily engaged to carry out drainage work under the supervision of a Licensed Plumber
I Drainer.
CPS W orkplace Agreement 201 6 - 2020 Final.docx 8/07/16 5
Part 1 Introduction 1 Title This Agreement shall be known as the Custom Plumbing Services Pty Ltd and Employees Enterprise Agreement 2016-2020. 2 Interpretation 2.1 In this Agreement: Agreement means the Custom Plumbing Services Pty Ltd and Employees Enterprise Agreement 2016 - 2020 Apprentice means an Employee who is party to a contract of training with the Employer that is registered with the relevant government training authority. 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 Custom Plumbing Services Pty Ltd ABN 28 008 548 258. 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. Journeyman Plumber / Drainer (registered) means an Employee who has completed their plumbing apprenticeship (cert III) who holds the appropriate license/s and is primarily engaged to carry out plumbing work and drainage work under the supervision of a Licensed Plumber / Drainer. Leading Hand means an Employee who is given by the Employer, the responsibility of directing and / or supervising the work of other employees, or in the case of only one Employee, the specific responsibility of directing and / or supervising the work of that Employee. Licensed Advanced Plumber / Drainer means an Employee who has completed their post trade (cert IV) and holds the appropriate license/s and is primarily engaged to carry out plumbing and drainage work. 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. Ordinary Hours means the hours specified in clause 19. Operative Drainer means an employee who holds the appropriate license/s and is primarily engaged to carry out drainage work under the supervision of a Licensed Plumber / Drainer. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 5
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.
Service is as defined in the FW Act, as in force from time-to-time.
Trades Assistant means an employee who is primarily engaged in assisting all CPS
employees where and as required.
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; and
(b) Apprentices
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:
(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 only in this Agreement will increase annually by 2% from the first pay
period after 1 July 2017.
CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 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. Service is as defined in the FW Act, as in force from time-to-time. Trades Assistant means an employee who is primarily engaged in assisting all CPS employees where and as required. 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; and (b) Apprentices 4 Period of Operation / 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: (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 only in this Agreement will increase annually by 2% from the first pay period after 1 July 2017. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 6
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.
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:
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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. 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. 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: CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 7
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:
(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:
CPS Workplace Agreement 2016- 2020 Final.docx 8/07/16 8
i. all relevant information about the change including the nature of the change proposed; and il. 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: (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: CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 8
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.
10.2 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
CPS Workplace Agreement 2016- 2020 Final.docx 8/07/16 9
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. 10.2 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 CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 9
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.
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 I FA:
(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 I FA; 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 I FA; 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 I FA:
(a) by giving no more than 28 days written notice to the other party to the IF A; or
(b) if the Employer and Employee agree in writing- at any time.
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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. 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: (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. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 10
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.
Part 4 General Conditions of Employment
12 General Duties
12.1 Employeesmust:
(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 day's notice or payment in lieu of
notice, unless they are dismissed for serious misconduct, in which case no notice will be
payable.
13.3 No Productivity Allowance is payable during the first 3 month of any employees probation
period.
14 Types of Employment
Upon engagement, Employees must be informed whether their employment is fu ll-time, part
time as daily hire or casual.
15 Full-Time Employees (Daily Hire)
Entitlements
Full-Time (Daily Hire) 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. The following provisions will apply;
CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 11
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 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 day's notice or payment in lieu of notice, unless they are dismissed for serious misconduct, in which case no notice will be payable. 13.3 No Productivity Allowance is payable during the first 3 month of any employees probation period. 14 Types of Employment Upon engagement, Employees must be informed whether their employment is full-time, part- time as daily hire or casual. 15 Full-Time Employees (Daily Hire) Entitlements Full-Time (Daily Hire) 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. The following provisions will apply; CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 11
(a) One day's notice of termination of employment will be given by either party or
one day's pay must be paid or forfeited;
(b) Notice will be given at or before the usual starting time of any ordinary working
day will expire at the completion of that day's work; and
(c) A tradesperson will be allowed one hour prior to termination to gather, clean,
pack and transport tools.
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 Rates 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 25%, calcu lated
on the Employee's relevant Base Rate.
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.
18 Apprentices
18.1 Apprentices are not covered under this agreement.
18.2 All conditions, rates of pay, including Allowances, for Apprentices will be as per the
Plumbing and Fire Sprinklers Award 2010 (MA000036), as amended.
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(a) One day's notice of termination of employment will be given by either party or one day's pay must be paid or forfeited; (b) Notice will be given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work; and (c) A tradesperson will be allowed one hour prior to termination to gather, clean, pack and transport tools. 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 Rates 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 25%, calculated on the Employee's relevant Base Rate. 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. 18 Apprentices 18.1 Apprentices are not covered under this agreement. 18.2 All conditions, rates of pay, including Allowances, for Apprentices will be as per the Plumbing and Fire Sprinklers Award 2010 (MA000036), as amended. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 12
Part 5 Hours of Work, Overtime and Weekend Work
19 Ordinary Hours
19.1 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.
19.2 Ordinary daily hours of work are 8 hours per day, inclusive of time worked towards RDOs.
Daily Start and Finish Times
19.3 Actual daily start and finish times may be varied as directed by the Employer within the
spread of hours described in clause 19.1 .
20 Paid Rostered Days Off
20.1 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
20.2 Employees accrue up to 13 RDOs per year.
20.3 Part-Time Employees accrue RDOs on a pro-rata basis.
20.4 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.
20.5 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
20.6 Payment for RDOs will be at Base Hourly Rates of Pay.
TakingRDOs
20.7 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.
20.8 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
20.9 An Employee may be required to work on an accrued RDO 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 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.
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Part 5 Hours of Work, Overtime and Weekend Work 19 Ordinary Hours 19.1 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. 19.2 Ordinary daily hours of work are 8 hours per day, inclusive of time worked towards RDOs. Daily Start and Finish Times 19.3 Actual daily start and finish times may be varied as directed by the Employer within the spread of hours described in clause 19.1. 20 Paid Rostered Days Off 20.1 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 20.2 Employees accrue up to 13 RDOs per year. 20.3 Part-Time Employees accrue RDOs on a pro-rata basis. 20.4 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. 20.5 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 20.6 Payment for RDOs will be at Base Hourly Rates of Pay. Taking RDOs 20.7 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. 20.8 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 20.9 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. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 13
Cashing-Out RDOs
20.10 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 21.
20.11 An employee who has been terminated I ceasing employment with the company, upon
complying with Clause 42.7, will be paid out their accrued ROO's in the following pay
period.
21 Overtime
21 .1 The Employer may request an Employee to work reasonable overtime.
21.2 An Employee may refuse to work unreasonable overtime.
21.3 No Employee can work overtime without the prior agreement of the Employer.
21.4 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.
Overtime Loadings
21.5 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 Rates of Pay:
I• 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%
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Cashing-Out RDOs 20.10 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 21. 20.11 An employee who has been terminated / ceasing employment with the company, upon complying with Clause 42.7, will be paid out their accrued RDO's in the following pay period. 21 Overtime 21.1 The Employer may request an Employee to work reasonable overtime. 21.2 An Employee may refuse to work unreasonable overtime. 21.3 No Employee can work overtime without the prior agreement of the Employer. 21.4 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) t the amount of notice given by the Employee; and (g) any other relevant matter. Overtime Loadings 21.5 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 Rates 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% CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 14
Part-Time Employees
21.6 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
21.7 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.
21.8 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.
22 Shift Work
22.1 Employees may be required by the Employer to work predominantly outside of Ordinary
Hours during a given pay period, which will constitute 'Shift Work'.
22.2 For Shift Work occurring between midnight Sunday and midn ight Friday, Employees must
be paid a Shift Work loading of 33% calculated on Base Rates of pay, for all hours worked,
which will replace overtime loadings under clause 21.
22.3 If the Employer and Employee agree, an Employee may elect to perform Shift Work on a
Sunday and receive a Shift Work loading of 33% calculated on their Base Hourly Rates of
Pay, as per clause 22.6.
22.4 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 21.
22.5 Shift Work hours are to be treated as Ordinary Hours of Work for the purposes of ROO
and leave accrual.
22.6 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 21.
22.7 Employees must be provided with at least 8 consecutive hours off duty between shifts. If
an Employee commences work without having received 8 consecutive hours off duty, such
time will be paid overtime rates in accordance with clause 21.
23 Breaks
23.1 An Employee who has worked for 5 hours must be provided with an unpaid meal break of
not less than 30 minutes.
23.2 Employees must be provided with a paid crib break of 10 minutes between 9.00 am and
11.00 am or as agreed between the employees and employer.
Part 6 Rates of Pay
24 Base Hourly Rates of Pay
24.1 An Employee must be paid the applicable Base Hourly Rates of pay in Appendix A for
their particular classification for all Ordinary Hours worked.
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Part-Time Employees 21.6 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 21.7 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. 21.8 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. 22 Shift Work 22.1 Employees may be required by the Employer to work predominantly outside of Ordinary Hours during a given pay period, which will constitute 'Shift Work'. 22.2 For Shift Work occurring between midnight Sunday and midnight Friday, Employees must be paid a Shift Work loading of 33% calculated on Base Rates of pay, for all hours worked, which will replace overtime loadings under clause 21. 22.3 If the Employer and Employee agree, an Employee may elect to perform Shift Work on a Sunday and receive a Shift Work loading of 33% calculated on their Base Hourly Rates of Pay, as per clause 22.6. 22.4 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 21. 22.5 Shift Work hours are to be treated as Ordinary Hours of Work for the purposes of RDO and leave accrual. 22.6 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 21. 22.7 Employees must be provided with at least 8 consecutive hours off duty between shifts. If an Employee commences work without having received 8 consecutive hours off duty, such time will be paid overtime rates in accordance with clause 21. 23 Breaks 23.1 An Employee who has worked for 5 hours must be provided with an unpaid meal break of not less than 30 minutes. 23.2 Employees must be provided with a paid crib break of 10 minutes between 9.00 am and 11.00 am or as agreed between the employees and employer. Part 6 Rates of Pay 24 Base Hourly Rates of Pay 24.1 An Employee must be paid the applicable Base Hourly Rates of pay in Appendix A for their particular classification for all Ordinary Hours worked. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 15
24.2 In accordance with section 206 of the FW Act, an Employee's Base 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 .
25 Superannuation
25.1 The Employer wi ll 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) .
25.2 Superannuation contributions for default fund Employees will be made to a fund that offers
a MySuper product.
25.3 Ordinary time earnings are the wages paid to an Employee for Ordinary Hours of work,
being the Base Hourly Rates of Pay set out in Appendix A, plus, where applicable:
a) the Travel Allowance (clause 26)
b) the Productivity Allowance (clause 27)
c) Casual Loadings
26 Travel Allowance
26.1 A Travel Allowance of $20 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 a Travel Allowance of $25 per day.
26.2 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.
26.3 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).
26.4 The Travel Allowance is not subject to any loadings nor payable during any periods of
leave, including RDOs.
27 Productivity Allowance
27.1 A Productivity Allowance as set out in Appendix A, will be payable for all hours worked to
all employees, except Trades Assistants and the first 3 months of any employee's
probation period.
27.2 The Productivity Allowance is not subject to any loadings nor payable during any periods
of leave including ROO's
28 Living Away From Home Allowance
28.1 Where an Employee is directed to perform work at a distant construction site which would
make it unreasonable for them to return to "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.
28.2 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) reasonable board and lodging; or
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24.2 In accordance with section 206 of the FW Act, an Employee's Base 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. 25 Superannuation 25.1 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). 25.2 Superannuation contributions for default fund Employees will be made to a fund that offers a MySuper product. 25.3 Ordinary time earnings are the wages paid to an Employee for Ordinary Hours of work, being the Base Hourly Rates of Pay set out in Appendix A, plus, where applicable: a) the Travel Allowance (clause 26) b) the Productivity Allowance (clause 27) c) Casual Loadings 26 Travel Allowance 26.1 A Travel Allowance of $20 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 a Travel Allowance of $25 per day. 26.2 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. 26.3 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). 26.4 The Travel Allowance is not subject to any loadings nor payable during any periods of leave, including RDOs. 27 Productivity Allowance 27.1 A Productivity Allowance as set out in Appendix A, will be payable for all hours worked to all employees, except Trades Assistants and the first 3 months of any employee's probation period. 27.2 The Productivity Allowance is not subject to any loadings nor payable during any periods of leave including RDO's 28 Living Away From Home Allowance 28.1 Where an Employee is directed to perform work at a distant construction site which would make it unreasonable for them to return to "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. 28.2 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) reasonable board and lodging; or CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 16
b) as otherwise agreed between the Employer and the Employee.
28.3 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 Base Rates of pay (which will replace any
entitlement to the Travel Allowance under clause 26).
28.4 The Living Away From Home Allowance is not subject to any loadings nor payable during
any periods of leave.
28.5 The Travel Allowance in clause 26 will be payable to all Employees engaged on Distant
Work, except where they are accommodated on or adjacent to the construction site.
29 Supervisor Allowance
29.1 An employee who supervises the following number of Employees will be paid the
Supervisor Allowance as set out below:
(a) 2- 5 Employees = $ $33.60 per week
(b) 6- 10 Employees= $43.00 per week
(c) 11 or more Employees= $57.38 per week
30 Payment of wages
30.1 Each Employee will be paid weekly by way of electronic funds transfer into the
employee's nominated bank account or financial institution account. Employees will receive
their electronic pay slips on a weekly basis
Part 7 Leave
31 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.
32 Annualleave
32.1 Annual leave is provided under the NES.
32.2 An Employee (other than a Casual Employee) is entitled to up to 20 days of paid annual
leave per year of Service.
32.3 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.
32.4 Annual leave may be taken at any time agreed to between the Employer and an Employee
or as directed by the Employer under clauses 32.8, 32.9 and 32.1 0. The Employer must
not unreasonably refuse an Employee's request to take annual leave.
CPS Workplace Agreement 2016- 2020 Final.docx 8/07/16 17
b) as otherwise agreed between the Employer and the Employee. 28.3 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 Base Rates of pay (which will replace any entitlement to the Travel Allowance under clause 26). 28.4 The Living Away From Home Allowance is not subject to any loadings nor payable during any periods of leave. 28.5 The Travel Allowance in clause 26 will be payable to all Employees engaged on Distant Work, except where they are accommodated on or adjacent to the construction site. 29 Supervisor Allowance 29.1 An employee who supervises the following number of Employees will be paid the Supervisor Allowance as set out below: (a) 2 - 5 Employees = $ $33.60 per week (b) 6 - 10 Employees = $43.00 per week (c) 11 or more Employees = $57.38 per week 30 Payment of wages 30.1 Each Employee will be paid weekly by way of electronic funds transfer into the employee's nominated bank account or financial institution account. Employees will receive their electronic pay slips on a weekly basis Part 7 Leave 31 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. 32 Annual Leave 32.1 Annual leave is provided under the NES. 32.2 An Employee (other than a Casual Employee) is entitled to up to 20 days of paid annual leave per year of Service. 32.3 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. 32.4 Annual leave may be taken at any time agreed to between the Employer and an Employee or as directed by the Employer under clauses 32.8, 32.9 and 32.10. The Employer must not unreasonably refuse an Employee's request to take annual leave. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 17
Payment for Annual Leave
32.5 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 Rates of Pay.
32.6 An Employee on annual leave must also receive an annual leave loading, calculated at
17.5% of the Base Rates of pay.
Accrued Annual Leave on Termination
32.7 On termination of employment, an Employee must be paid for any unused accrued
annual leave at the normal Hourly Rate of Pay.
Direction to take annual/eave - Excessive leave
32.8 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
32.9 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.
32.1 0 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 Leave
32. 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 normal Base Hourly rate of pay.
Interaction with Other Leave
32.12 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 35, is on paid
personal I carer's leave, paid compassionate leave or community service leave.
33 Personal/ Carer's Leave and Compassionate Leave
33. 1 Personal/ carer's leave and compassionate leave is provided under the NES.
Paid Personal I Carer's Leave
33.2 An Employee (other than a Casual Employee) is entitled to up to 10 days of paid personal
I carer's leave per year of Service.
33.3 Personal I 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.
33.4 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.
CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 18
Payment for Annual Leave 32.5 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 Rates of Pay. 32.6 An Employee on annual leave must also receive an annual leave loading, calculated at 17.5% of the Base Rates of pay. Accrued Annual Leave on Termination 32.7 On termination of employment, an Employee must be paid for any unused accrued annual leave at the normal Hourly Rate of Pay. Direction to take annual leave - Excessive leave 32.8 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 32.9 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. 32.10 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 32.11 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 normal Base Hourly rate of pay. Interaction with Other Leave 32.12 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 35, is on paid personal / carer's leave, paid compassionate leave or community service leave. 33 Personal / Carer's Leave and Compassionate Leave 33.1 Personal / carer's leave and compassionate leave is provided under the NES. Paid Personal / Carer's Leave 33.2 An Employee (other than a Casual Employee) is entitled to up to 10 days of paid personal / carer's leave per year of Service. 33.3 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. 33.4 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. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 18
Payment for Personal I Carer's Leave
33.5 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, inclusive of 0.4 hours accruing towards an
ROO) at their applicable Base Hourly Rates of pay.
Unpaid Carer's Leave
33.6 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.
33.7 Unlike paid personal I carer's leave, unpaid carer's leave is available to Casual
Employees.
Paid Compassionate Leave
33.8 An 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 .
33.9 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 Rates of pay.
Notice and Evidence
33.10 An Employee who is on paid personal I carer's leave, unpaid carer's leave or paid
compassionate leave must provide to the nominated Employer representative, directly
by phone (text messages don't form notification), notice of their absence as soon as
practicable , advising the Employer of the expected length of the leave.
33.11 The Employer may request the Employee to provide reasonable evidence that the leave
was taken for an acceptable reason. Where evidence is required an employee is to
provide a medical certificate issued by a registered medical practitioner (doctor).
33.12 An Employee is entitled to take up two days personal I carer's leave each financial year
without providing evidence. The employee is required to provide evidence on all
subsequence personal I carer's leave taken in that financial year. Evidence is required
for any personal/ carer's leave taken next to a public holiday, a weekend or for multiple
days of absence, regardless if they have used the first two days or not. 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
33.13 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 35
CPS Workplace Agreement 2016- 2020 Final.docx 8/07/16 19
Payment for Personal / Carer's Leave 33.5 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, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Hourly Rates of pay. Unpaid Carer's Leave 33.6 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. 33.7 Unlike paid personal / carer's leave, unpaid carer's leave is available to Casual Employees. Paid Compassionate Leave 33.8 An 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. 33.9 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 Rates of pay. Notice and Evidence 33.10 An Employee who is on paid personal / carer's leave, unpaid carer's leave or paid compassionate leave must provide to the nominated Employer representative, directly by phone (text messages don't form notification), notice of their absence as soon as practicable , advising the Employer of the expected length of the leave. 33.11 The Employer may request the Employee to provide reasonable evidence that the leave was taken for an acceptable reason. Where evidence is required an employee is to provide a medical certificate issued by a registered medical practitioner (doctor). 33.12 An Employee is entitled to take up two days personal / carer's leave each financial year without providing evidence. The employee is required to provide evidence on all subsequence personal / carer's leave taken in that financial year. Evidence is required for any personal / carer's leave taken next to a public holiday, a weekend or for multiple days of absence, regardless if they have used the first two days or not. 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 33.13 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 35 CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 19
34 Community Service Leave
34.1 Community service leave is provided under the NES.
34.2 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
34.3 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.
34.4 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 ROO) at their applicable Base Rates of pay, but only during their first
10 days of absence.
Payment for Jury Service
34.5 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.
34.6 The Employer is only required to pay an Employee the difference (if any) between the
Employee's Base Hourly Rates of pay and the government-funded jury pay.
34.7 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.
35 Public Holidays
35. 1 Public holiday leave is provided under the NES.
35.2 An Employee is entitled to be absent from work on a public holiday.
35.3 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.
35.4 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
35.5 Employees (other than Casual Employees) who are absent on a public holiday on which
the Employee wou ld 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 Rates of Pay.
CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 20
34 Community Service Leave 34.1 Community service leave is provided under the NES. 34.2 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 34.3 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. 34.4 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 Rates of pay, but only during their first 10 days of absence. Payment for Jury Service 34.5 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. 34.6 The Employer is only required to pay an Employee the difference (if any) between the Employee's Base Hourly Rates of pay and the government-funded jury pay. 34.7 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. 35 Public Holidays 35.1 Public holiday leave is provided under the NES. 35.2 An Employee is entitled to be absent from work on a public holiday. 35.3 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. 35.4 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 35.5 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 Rates of Pay. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 20
Public Holiday Loading
35.6 An Employee who is required to work on a public holiday must be paid their applicable
Base Rates of pay, plus a load ing of 150%, calculated on their Base Hourly Rates of Pay.
Minimum Shifts on Public Holidays
35.7 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
35.8 The following days (or any substituted days under the Holidays Act 1958 (ACT)) are public
holidays:
(a) 1 January (New Year's Day);
(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;
U) Family and Community Day;
(k) 25 December (Christmas Day);
(I) 26 December (Boxing Day).
Substituted Public Holidays
35.9 The Employer and an Employee may agree to substitute a public holiday (or part of that
day) for another day or part-day.
36 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).
37 Parental Leave
An Employee may be entitled to parental leave in accordance with the NES and the Paid
Parental Leave Act 2010 (Cth)
CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 21
Public Holiday Loading 35.6 An Employee who is required to work on a public holiday must be paid their applicable Base Rates of pay, plus a loading of 150%, calculated on their Base Hourly Rates of Pay. Minimum Shifts on Public Holidays 35.7 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 35.8 The following days (or any substituted days under the Holidays Act 1958 (ACT)) are public holidays: (a) 1 January (New Year's Day); (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; (j) Family and Community Day; (k) 25 December (Christmas Day); (1) 26 December (Boxing Day). Substituted Public Holidays 35.9 The Employer and an Employee may agree to substitute a public holiday (or part of that day) for another day or part-day. 36 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). 37 Parental Leave An Employee may be entitled to parental leave in accordance with the NES and the Paid Parental Leave Act 2010 (Cth) CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 21
Part 8 Stand down
38 Inclement Weather
38.1 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.
38.2 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.
38.3 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.
38.4 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 provisions set out in this sub
clause have been observed.
38.5 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:
(1) 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;
(2) the employee will be credited with 32 hours at the commencement of each fou r
weekly period. Hours will not accumulate or be carried over;
(3) 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;
(4) the number of hours credited to an employee will be reduced by the number of
hours for which payment is made; and
(5) payment under this clause will be weekly.
38.6 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,
which 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.
38.7 Employees required to work in inclement weather
(1) 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.
(2) 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.
CPS Workplace Agreement 2016- 2020 Final.docx 8/07/16 22
Part 8 Stand down 38 Inclement Weather 38.1 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. 38.2 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. 38.3 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. 38.4 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 provisions set out in this sub- clause have been observed. 38.5 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: (1) 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; (2) the employee will be credited with 32 hours at the commencement of each four weekly period. Hours will not accumulate or be carried over; (3) 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; (4) the number of hours credited to an employee will be reduced by the number of hours for which payment is made; and (5) payment under this clause will be weekly. 38.6 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, which 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. 38.7 Employees required to work in inclement weather (1) 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. (2) 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. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 22
(3) 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.
38.8 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 a period of inclement weather has clearly ended, the
employees will resume work and the time will be similarly agreed and noted.
38.9 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.
38.10 Additional wet weather procedure
(1) 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;
• 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.
(2) Rain at starting time
Despite the provisions of clause 0 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
CPS Workplace Agreement 201 6 - 2020 Final.docx 8/07/16 23
(3) 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. 38.8 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 a period of inclement weather has clearly ended, the employees will resume work and the time will be similarly agreed and noted. 38.9 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. 38.10 Additional wet weather procedure (1) 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; 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. (2) Rain at starting time Despite the provisions of clause 0 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 CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 23
• adequate protection is provided. Protection will, where necessary,
be provided for the employee's tools.
Part 9 Work Health and Safety
39 General Duties
39.1 The Employer recognises its duties under the Work Health and Safety Act 2011 (ACT)
and the Work Health and Safety Regulation 2011 (ACT) or any work health and safety
legislation which comes into force, to ensure, so far as is reasonably practicable, the health
and safety of Employees.
39.2 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
39.3 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.
39.4 Employees must comply with the work health and safety policies, procedures and
practices of the Employer and any reasonable instru ction 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.
40 Fitness for Work
40.1 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.
40.2 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 thei r
supervisor.
40.3 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 il licit drugs and I or
alcohol during work (including breaks) will result in summary dismissal without notice.
40.4 The Employer reserves the right to introduce mandatory drug and I or alcohol testing,
following consultation with Employees.
40.5 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.
40.6 The employer has a zero tolerance in relation to any form of bullying, harassment or
discrimination.
CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 24
adequate protection is provided. Protection will, where necessary, be provided for the employee's tools. Part 9 Work Health and Safety 39 General Duties 39.1 The Employer recognises its duties under the Work Health and Safety Act 2011 (ACT) and the Work Health and Safety Regulation 2011 (ACT) or any work health and safety legislation which comes into force, to ensure, so far as is reasonably practicable, the health and safety of Employees. 39.2 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 39.3 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. 39.4 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. 40 Fitness for Work 40.1 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. 40.2 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. 40.3 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. 40.4 The Employer reserves the right to introduce mandatory drug and / or alcohol testing, following consultation with Employees. 40.5 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. 40.6 The employer has a zero tolerance in relation to any form of bullying, harassment or discrimination. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 24
41 Personal Protective Equipment
41 .1 All Employees shall be supplied upon engagement with the following personal protective
equipment (PPE) as required .
(a) sunscreen;
(b) sun-protective hats;
(c) safety glasses;
(d) gloves;
(e) hard hats;
(f) high-visibility safety vests;
(g) steel-capped work boots; and
(h) any other PPE reasonably required.
41 .2 The Employer will replace PPE as required on a fair wear and tear basis, however
Employees must take care of their PPE. Repeated unreasonable damage to PPE may
result in disciplinary action.
41 .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.
Part 10 Training
42 Training
42.1 The Employer encourages Employees to undertake vocational education and to seek
formal recognition of their skills , including by way of recognising prior learning.
42.2 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.
42 .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 ROO) at applicable Base Hourly Rates of
pay.
Part 11 Termination of Employment
43 Notice of Termination
43.1 Notice of termination is provided under the NES. The notice provisions provided under
NES do not apply to a daily hire employee.
43.2 A daily hire employee is employed on a daily basis and therefore only one days' notice of
termination applies to both parties
43.3 For the purposes of this agreement all employees, except casual employees are classified
as "daily hire" employees
CPS Workplace Agreement 2016- 2020 Final.docx 8/07/16 25
41 Personal Protective Equipment 41.1 All Employees shall be supplied upon engagement with the following personal protective equipment (PPE) as required. (a) sunscreen; (b) sun-protective hats; (c) safety glasses; (d) gloves; (e) hard hats; (f) high-visibility safety vests; (g) steel-capped work boots; and (h) any other PPE reasonably required. 41.2 The Employer will replace PPE as required on a fair wear and tear basis, however Employees must take care of their PPE. Repeated unreasonable damage to PPE may result in disciplinary action. 41.3 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. Part 10 Training 42 Training 42.1 The Employer encourages Employees to undertake vocational education and to seek formal recognition of their skills, including by way of recognising prior learning. 42.2 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. 42.3 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 applicable Base Hourly Rates of pay. Part 11 Termination of Employment 43 Notice of Termination 43.1 Notice of termination is provided under the NES. The notice provisions provided under NES do not apply to a daily hire employee. 43.2 A daily hire employee is employed on a daily basis and therefore only one days' notice of termination applies to both parties 43.3 For the purposes of this agreement all employees, except casual employees are classified as "daily hire" employees CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 25
43.4 The Employer must not terminate the employment of an Employee (other than a Casual
Employee) unless the Employer provides written notice of termination or payment in lieu
of notice.
43.5 Notice of termination is not required where an Employee has been terminated because of
serious misconduct
43.6 Where an Employee terminates their employment, they must provide notice. Where the
Employee fails to provide the required period of notice, the Employer may withhold 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.
43.7 Upon termination , Employees must return all company property, including but not limited
to, vehicles, workshop key's, mobile phones and PPE.
44 Redundancy Pay
INDUSTRY SPECIFIC REDUNDANCY SCHEME
44.1 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.
44.2 Where an employer terminates the employment of an employee and the employer incurs
a redundancy pay obligation to the employee under this clause, some or all of the
benefit the employee receives from a redundancy pay fund may be set off against the
employer's redundancy pay obligation under this clause, subject to the following
conditions.
(a) If the employee receives a benefit from the redundancy pay fund, the employer
may set off any proportion of the benefit which is attributable to the employer's
contribution to the fund against its redundancy pay obligation under this clause. If
the proportion so calculated is equal to or greater than the employer's redundancy
pay obligation under this clause the obligation will be fully satisfied.
(b) If the employee does not receive a benefit from the redundancy pay scheme,
contributions made by an employer on behalf of an employee to the scheme will,
to the extent of those contributions, be set off against the liability of the employer
under this clause and payments to the employee will be made in accordance with
the rules of the redundancy pay scheme fund or any agreement relating thereto.
If the contribution is equal to or greater than the employer's redundancy pay
obligation under this clause the obligation will be fully satisfied.
44.3 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.
44.4 As per the FW Act, the Employer does not have to pay redundancy pay if they are a "small
business employer" as defined in the FW Act or succeed ing legislation.
44.5 Redundancy pay is provided under the NES.
44.6 An Employee is entitled to be paid redundancy pay by the Employer if the Employee's
employment is terminated :
CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 26
43.4 The Employer must not terminate the employment of an Employee (other than a Casual Employee) unless the Employer provides written notice of termination or payment in lieu of notice. 43.5 Notice of termination is not required where an Employee has been terminated because of serious misconduct 43.6 Where an Employee terminates their employment, they must provide notice. Where the Employee fails to provide the required period of notice, the Employer may withhold 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. 43.7 Upon termination, Employees must return all company property, including but not limited to, vehicles, workshop key's, mobile phones and PPE. 44 Redundancy Pay INDUSTRY SPECIFIC REDUNDANCY SCHEME 44.1 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. 44.2 Where an employer terminates the employment of an employee and the employer incurs a redundancy pay obligation to the employee under this clause, some or all of the benefit the employee receives from a redundancy pay fund may be set off against the employer's redundancy pay obligation under this clause, subject to the following conditions. (a) If the employee receives a benefit from the redundancy pay fund, the employer may set off any proportion of the benefit which is attributable to the employer's contribution to the fund against its redundancy pay obligation under this clause. If the proportion so calculated is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. (b) If the employee does not receive a benefit from the redundancy pay scheme, contributions made by an employer on behalf of an employee to the scheme will, to the extent of those contributions, be set off against the liability of the employer under this clause and payments to the employee will be made in accordance with the rules of the redundancy pay scheme fund or any agreement relating thereto. If the contribution is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. 44.3 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. 44.4 As per the FW Act, the Employer does not have to pay redundancy pay if they are a "small business employer" as defined in the FW Act or succeeding legislation. 44.5 Redundancy pay is provided under the NES. 44.6 An Employee is entitled to be paid redundancy pay by the Employer if the Employee's employment is terminated: CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 26
(a) at the Employer's initiative because the Employer no longer requires the job
done by the employee to be done by anyone, except where this is due to the
ordinary and customary turnover of labour; or
(b) because of the insolvency or bankruptcy of the Employer.
Amount of Redundancy Pay
44.7 The amount of the redundancy pay equals the total amount payable to the Employee for
the redundancy pay period worked out using the following table at the Employee's Base
Hourly Rate of Pay for his or her ordinary hours of work.
Redundancy pay period
Employee's period of continuous Redundancy
service with the employer on pay period
termination
1 At least l_year but less th~m 2 years 4 weeks
2 At least 2 years but less than 3 years 6 weeks
3 At least 3 years but less than 4 years 7 weeks
4 At least 4 years but less than 5 years 8 weeks
5 At least 5 years but less than 6 years 10 weeks
6 At least 6 years but less than 7 years 11 weeks
7 At least 7 years but less than 8 years 13 weeks
8 At least 8 years but less than 9 years 14 weeks
9 At least 9 years but less than 1 0 years 16 weeks
10 At least 1 0 years 12 weeks
44.8 Casual Employees are not entitled to redundancy pay.
44.9 For the avoidance of doubt, this Agreement does not rem~ve any rights that the l!mployer
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.
44.10 As per the FW Act, the Employer does not have to pay redundancy pay if they are a "small
business employer" as defined in the FW Act or succeeding legislation.
CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 27
(a) at the Employer's initiative because the Employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or (b) because of the insolvency or bankruptcy of the Employer. Amount of Redundancy Pay 44.7 The amount of the redundancy pay equals the total amount payable to the Employee for the redundancy pay period worked out using the following table at the Employee's Base Hourly Rate of Pay for his or her ordinary hours of work. Redundancy pay period Employee's period of continuous Redundancy service with the employer on pay period termination 1 At least 1 year but less than 2 years 4 weeks 2 At least 2 years but less than 3 years 6 weeks 3 At least 3 years but less than 4 years 7 weeks 4 At least 4 years but less than 5 years 8 weeks 5 At least 5 years but less than 6 years 10 weeks 6 At least 6 years but less than 7 years 11 weeks 7 At least 7 years but less than 8 years 13 weeks 8 At least 8 years but less than 9 years 14 weeks 9 At least 9 years but less than 10 years 16 weeks 10 At least 10 years 12 weeks 44.8 Casual Employees are not entitled to redundancy pay. 44.9 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. 44.10 As per the FW Act, the Employer does not have to pay redundancy pay if they are a "small business employer" as defined in the FW Act or succeeding legislation. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 27
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
Capacity to sign: Project Director
Address: 2/112 Gladstone St, Fyshwick, ACT 2609
Date: 18TH .JUL "( o/OI(, .
On behalf of the Employees
Capacity to sign: Employees Bargaining Representative
Address: 3o (AS"Ti'\~ S~ Ceo HBS , Ac;r 02~11 .
Date: I?TH JUL."r' ;t.o/~
CPS Workplace Agreement 2016- 2020 Final.docx 8/07/16 28
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 Wayne Philp Capacity to sign: Project Director Address: 2/112 Gladstone St, Fyshwick, ACT 2609 Date: 18TH JULY 2016. On behalf of the Employees Matthew McInerny Capacity to sign: Employees Bargaining Representative Address: 30 CASTAN ST, COOMBS, ACT 2611. Date: 18TH JULY 2016. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 28
Part 13 Appendix 1
45 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.
46 Rates of pay
46.1 For hours worked, the Base Hourly Rates of pay for Employees are as indicated in the
table below:
Table 1 - Rates of Pay from 1st August 2016
Classification criteria Ref;
Base Hourly Productivity Allowance
Rate of pay Per Hour
Licenced Plumber I Sanitary drainer,
Cl2.1 $33.60 PIH 5.45
Gasfitter on Construction
Journeyman Plumber Cl2.1 $27.00 PIH 5.45
Operative Drainer Cl2.1 $23.60 P/H 5.45
Plant Operator I Trades Assistant Cl2.1 $27.00 PIH 5.45
Trades Assistant Cl2.1 $22.00 PIH
Travel Allowance Cl26.1 $20.00 P/0
Redundancy Cl43 $80 P/W
Table 2- Rates of Pay from 1st August 2017
Classification criteria Ref;
Base Hourly Productivity Allowance
Rate of pay Per Hour
Licenced Plumber I Sanitary drainer,
Cl2.1 $34.27 P/H 5.45
Gasfitter on Construction
Journeyman Plumber Cl2.1 $27.54 P/H 5.45
Operative Drainer Cl2.1 $24.07 PIH 5.45
Plant Operator I Trades Assistant Cl 2.1 $27.54 PIH 5.45
Trades Assistant Cl 2.1 $22.44 P/H
Travel Allowance Cl26.1 $20.00 P/0
Redundancy Cl43 $80 P/W
CPS Workplace Agreement 2016- 2020 Final.docx 8/07/16 29
Part 13 Appendix 1 45 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. 46 Rates of pay 46.1 For hours worked, the Base Hourly Rates of pay for Employees are as indicated in the table below: Table 1 - Rates of Pay from 1st August 2016 Classification criteria Productivity Allowance Ref; Base Hourly Rate of pay Per Hour Licenced Plumber / Sanitary drainer, Gasfitter on Construction CI 2.1 $ 33.60 P/H 5.45 Journeyman Plumber CI 2.1 $ 27.00 P/H 5.45 Operative Drainer CI 2.1 $ 23.60 P/H 5.45 Plant Operator / Trades Assistant CI 2.1 $ 27.00 P/H 5.45 Trades Assistant CI 2.1 $ 22.00 P/H Travel Allowance CI 26.1 $ 20.00 P/D Redundancy CI 43 $ 80 P/W Table 2 - Rates of Pay from 1st August 2017 Classification criteria Ref; Base Hourly Productivity Allowance Rate of pay Per Hour Licenced Plumber / Sanitary drainer, Gasfitter on Construction CI 2.1 $ 34.27 P/H 5.45 Journeyman Plumber CI 2.1 $ 27.54 P/H 5.45 Operative Drainer CI 2.1 $ 24.07 P/H 5.45 Plant Operator / Trades Assistant CI 2.1 $ 27.54 P/H 5.45 Trades Assistant CI 2.1 $ 22.44 P/H Travel Allowance CI 26.1 $ 20.00 P/D Redundancy CI 43 $ 80 P/W CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 29
Table 3 - Rates of Pay from 1st August 2018
Classification criteria Ref;
Base Hourly Productivity Allowance
Rate of pay Per Hour
Licenced Plumber I Sanitary drainer,
Cl2.1 $34.95 P/H 5.45
Gasfitter on Construction
Journeyman Plumber Cl2.1 $28.09 P/H 5.45
Operative Drainer Cl 2.1 $24.55 P/H 5.45
Plant Operator I Trades Assistant Cl 2.1 $28.09 P/H 5.45
Trades Assistant Cl2.1 $22.89 P/H
Travel Allowance Cl26.1 $20.00 P/D
Redundancy Cl43 $80 PIW
Table 4- Rates of Pay from 1st August 2019
Classification criteria Ref;
Base Hourly Productivity Allowance
Rate of pay Per Hour
Licenced Plumber I Sanitary drainer,
Cl2.1 $35.65 P/H 5.45
Gasfitter on Construction
Journeyman Plumber Cl 2.1 $28.65 P/H 5.45
Operative Drainer Cl 2.1 $25.04 P/H 5.45
Plant Operator I Trades Assistant Cl2.1 $28.65 P/H 5.45
Trades Assistant Cl2.1 $23.35 P/H
Travel Allowance Cl26.1 $20.00 P/D
Redundancy Cl43 $80 PIW
Note;
(a) Any current employee who is engaged as a plumber by the company prior to
the commencement of this agreement will automatically be on the Licensed
Plumber Base Hourly rates of pay, as per the tables above.
CPS Workplace Agreement 2016- 2020 Final.docx 8/07/16 30
Table 3 - Rates of Pay from 1st August 2018 Classification criteria Ref; Base Hourly Productivity Allowance Rate of pay Per Hour Licenced Plumber / Sanitary drainer, Gasfitter on Construction CI 2.1 $ 34.95 P/H 5.45 Journeyman Plumber CI 2.1 $ 28.09 P/H 5.45 Operative Drainer CI 2.1 $ 24.55 P/H 5.45 Plant Operator / Trades Assistant CI 2.1 $ 28.09 P/H 5.45 Trades Assistant CI 2.1 $ 22.89 P/H Travel Allowance CI 26.1 $ 20.00 P/D Redundancy CI 43 $ 80 P/W Table 4 - Rates of Pay from 1st August 2019 Classification criteria Ref; Base Hourly Productivity Allowance Rate of pay Per Hour Licenced Plumber / Sanitary drainer, Gasfitter on Construction CI 2.1 $ 35.65 P/H 5.45 Journeyman Plumber CI 2.1 $ 28.65 P/H 5.45 Operative Drainer CI 2.1 $ 25.04 P/H 5.45 Plant Operator / Trades Assistant CI 2.1 $ 28.65 P/H 5.45 Trades Assistant CI 2.1 $ 23.35 P/H Travel Allowance CI 26.1 $ 20.00 P/D Redundancy CI 43 $ 80 P/W Note; (a) Any current employee who is engaged as a plumber by the company prior to the commencement of this agreement will automatically be on the Licensed Plumber Base Hourly rates of pay, as per the tables above. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 30
(b) Any apprentice employed by the company or hosted employee with the
company, whom on completion of their apprenticeship enrols in Certificate IV in
plumbing with a registered RTO will receive the licensed plumber rate of pay.
(c) Any employee who withdraws or fails to successfully meet the course
requirements for Certificate IV in plumbing will result in the employee's Base
Hourly Rate of Pay being paid at the Journeymen Plumber Rate of Pay, as per
tables above.
(d) Any employee who's employment is terminated by the Employer and re
commences their employment with the company within six (6) months of the
termination; will be paid at their Base Hourly Rates of Pay and Allowances, as
prior to their termination.
(e) Any employees whilst in their first three (3) months of the six (6) month
probationary period (clause 13.1) will not be entitled to a productivity allowance,
on completion of the first three (3) months of their probation period the above
productivity allowance shall apply.
46.2 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.
46.3 For the avoidance of doubt, this Agreement would still apply where a common law
contract of employment is made.
CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/ 16 31
(b) Any apprentice employed by the company or hosted employee with the company, whom on completion of their apprenticeship enrols in Certificate IV in plumbing with a registered RTO will receive the licensed plumber rate of pay. (c) Any employee who withdraws or fails to successfully meet the course requirements for Certificate IV in plumbing will result in the employee's Base Hourly Rate of Pay being paid at the Journeymen Plumber Rate of Pay, as per tables above. (d) Any employee who's employment is terminated by the Employer and re- commences their employment with the company within six (6) months of the termination; will be paid at their Base Hourly Rates of Pay and Allowances, as prior to their termination. (e) Any employees whilst in their first three (3) months of the six (6) month probationary period (clause 13.1) will not be entitled to a productivity allowance, on completion of the first three (3) months of their probation period the above productivity allowance shall apply. 46.2 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. 46.3 For the avoidance of doubt, this Agreement would still apply where a common law contract of employment is made. CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 31
Part 14 Appendix 2
47 List of Tools
All employees employed under this agreement shall have the tools listed below, as a min imum. Except
Operative Drainers, Plant Operators and Trades Assistants.
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 Still sons 1 x 250mm rasp & haQdle
1 x pair 250mm Vice Grips 1 x 250mm half round file & handle
1 x pair 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 cutte r 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 basin spanner
1 x pair right hand wiss snips 1 x strap wrench
1 x pair pop rivet gun 1 x center punch
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 Y, benders 1 x lump hammer 4 LB
1 x claw hammer 20 oz 1 x PVC conduit cutters
1 x trap wrench 1 x wire brush
1 x hand wood saw 660mm per year- replaced by employer on 1 x Trade quality batte ry drill w ith battery and charger
a fair wear and tear basis lmin 14.4Vl
1 x bricklayers string line 1 x bevel square 250mm
1 x Chalk Line 1 x set square 300mm
1 x plumbob 450ar 1 x 1200 level
1 x 25mm wood chisel 1 x spirit level 600mm
1 x silicon gun
CPS W orkplace Agreement 2016- 2020 Fina l.docx 8/07/16 32
Part 14 Appendix 2 47 List of Tools All employees employed under this agreement shall have the tools listed below, as a minimum. Except Operative Drainers, Plant Operators and Trades Assistants. 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 1 x 250mm rasp & handle 1 x pair 250mm Vice Grips 1 x 250mm half round file & handle 1 x pair 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 basin spanner 1 x pair right hand wiss snips 1 x strap wrench 1 x pair pop rivet gun 1 x center punch 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 1/2 benders 1 x lump hammer 4LB 1 x claw hammer 20 oz 1 x PVC conduit cutters 1 x trap wrench 1 x wire brush 1 x hand wood saw 660mm per year- replaced by employer on 1 x Trade quality battery drill with battery and charger a fair wear and tear basis (min 14.4V) 1 x bricklayers string line 1 x bevel square 250mm 1 x Chalk Line 1 x set square 300mm 1 x plumbob 450ar 1 × 1200 level 1 x 25mm wood chisel 1 x spirit level 600mm 1 x silicon gun CPS Workplace Agreement 2016 - 2020 Final.docx 8/07/16 32
To Fair Work Commission.
Re: Expire date of agreement
& Notice given for Shift Work
CUSTOM PLUMBING SERVICES PTY LTD
ABN 28 008 548 258 ACN 008 548 258
Unit 2, 112 Gladstone Street, Fyshwick ACT 2609
PO Box 355, Fyshwick ACT 2609
Telephone: 02 6280 6560 Facsimile: 02 6239 1931
Email: admin@customplumbing.com.au
Web: www.customplumbing.com.au
1oth September 20 16
1. Custom Plumbing Services Pty Ltd undertakes 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. Custom Plumbing Services Pty Ltd undertakes that
notwithstanding clause 22.2 of the agreement, if 48hrs notice is not
given to any employee whom is required to perform shift work,
overtime rates will apply as per clause 21.
Yours faithfully,
Wayne Philp
Capacity: Project Director
Address: 2/112 Gladstone St, Fyshwick, ACT 2609
Workers' Compensation ~ Public Liability ~ Personal Injury ~ Contractors All Risk ~ Professional Indemnity ~ Property ~
ACT COLA License No. 200 85 30- NSW Contactors License No. 163 047C
,
Serving the Nation's Capital for over 30 years
Custom CUSTOM PLUMBING SERVICES PTY LTD ABN 28 008 548 258 ACN 008 548 258 Plumbing Unit 2, 112 Gladstone Street, Fyshwick ACT 2609 PO Box 355, Fyshwick ACT 2609 Telephone: 02 6280 6560 Facsimile: 02 6239 1931 Serving the Nation's Capital for over 30 years Email: admin@customplumbing.com.au Web: www.customplumbing.com.au 10th September 2016 To Fair Work Commission. Re: Expire date of agreement & Notice given for Shift Work 1. Custom Plumbing Services Pty Ltd undertakes 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. Custom Plumbing Services Pty Ltd undertakes that notwithstanding clause 22.2 of the agreement, if 48hrs notice is not given to any employee whom is required to perform shift work, overtime rates will apply as per clause 21. Yours faithfully, 0 3 0 Wayne Philp Capacity: Project Director Address: 2/112 Gladstone St, Fyshwick, ACT 2609 Workers' Compensation Public Liability Personal Injury Contractors All Risk Professional Indemnity Property ACT COLA License No. 200 85 30 - NSW Contactors License No. 163 047C Serving the Nation's Capital for over 30 years
